Chapter 17.36
STANDARD SUBDIVISION PROCEDURE—TENTATIVE MAPS
Sections:
17.36.020 Tentative map approval prerequisites.
17.36.030 Map preparation—Form and contents.
17.36.040 Covenants, conditions and restrictions.
17.36.050 Filing requirements—Fee.
17.36.060 Application—Notice of completeness—Processing.
17.36.070 List of surrounding property owners required.
17.36.080 Application—Distribution for review.
17.36.090 Review and recommendations to planning commission.
17.36.100 Easements—Proof of adequacy.
17.36.110 Lots recorded by previous subdivisions.
17.36.120 Appeal—From planning commission action.
17.36.130 Appeal—Council hearing and decision.
17.36.140 Approval conditions—Reasons for disapproval.
17.36.150 Sewer discharge restrictions and water quality control.
17.36.160 Improvement plans—Contents—Processing time limits.
17.36.010 Applicability.
This procedure shall apply to all subdivisions, parts of subdivisions or any division of land as provided for in Article 2, Section 66434 of the Government Code and as an appeal. (Ord. 435-89 § 9.01, 1989)
17.36.020 Tentative map approval prerequisites.
No tentative subdivision maps may be approved until necessary zoning approvals have been secured and an environmental impact report, if required, has been certified for the project covered by the application. Prior to the filing of a tentative subdivision map, a preliminary title report from a reputable title company shall be filed with the city within six months of filing. (Ord. 435-89 § 9.02, 1989)
17.36.030 Map preparation—Form and contents.
A. Design and Improvements. The design and improvements of property divided by the use of this chapter shall be governed by Chapters 17.12 and 17.20.
B. Tentative Map Information. A legible tentative map drawn to a scale on a sheet eighteen inches by twenty-six inches in size on tracing paper shall be prepared and submitted showing:
1. Name, address and phone number of record owner and person filing the map, the county assessor’s parcel number of the proposed subdivision and the name, address and license number of the land surveyor, registered civil engineer or other qualified professional who prepared the tentative map;
2. Name and legal designation of tract or grant in which the subdivision is located and ties to adjoining streets;
3. Any other data necessary for the intelligent interpretation of the conditions existing and the location of recorded points, property and right-of-way lines and areas shown including but not limited to:
a. The contour of the land within the proposed subdivision at intervals of one foot elevation up to five percent slope, two-foot intervals up to ten percent slope and five-foot intervals over ten percent slope, and extending approximately two hundred feet into adjacent properties as determined by the city engineer,
b. Sufficient data to determine boundaries of division accurately,
c. Width, location and purpose of all existing and proposed easements,
d. Location and dimensions of all existing structures,
e. The width and grade of all streets and other rights-of-way, whether proposed for dedication or existing,
f. The approximate radii of all curves,
g. The location of areas subject to flood inundation,
h. Approximate elevations of street intersections,
i. The location and size of proposed sewers, water lines, and storm drains.
C. Tentative Map Statements. Accompanying the tentative map shall be the following:
1. A statement of the subdivider as to drainage, surfacing or other required improvements to be constructed by him;
2. Whether proposed roads, widenings or street openings are offered for separate dedication;
3. Statement of existing zoning and proposed use;
4. Statement and report on soil tests or geologic report, which report shall describe any critical expansive soils or soil problems which, if not corrected, would lead to defects or damage to structures proposed for the subdivision;
5. The depth of front yards and building setback lines;
6. The proposed source of water supply and method of sewage disposal;
7. A statement indicating public areas to be dedicated or scenic easements proposed;
8. A statement indicating the subdivision purpose, whether for sale, lease or financing;
9. Two copies of the preliminary title report;
10. Justification and reasons for any exceptions to the provisions of this title;
11. A geological report shall be required in any area, so determined by the city engineer, where there are known or suspected geological hazards; the report shall map and describe the geological formations, their stability on the site, note unstable areas, propose methods of mitigation, note areas of slopes greater than thirty percent, map and describe any fault zones on or near the property and assess the potential for damage through seismic events;
12. Gross density, calculated by dividing gross acreage by the proposed number of lots;
13. Net density, calculated by dividing net acreage (exclusive of streets and rights-of-way) by the proposed number of lots. (Ord. 435-89 § 9.03, 1989)
17.36.040 Covenants, conditions and restrictions.
Where covenants, conditions and restrictions (CC&Rs) are proposed by the subdivider, three copies of a list of those functions to be covered by the CC&Rs shall be submitted with the application to be reviewed and approved by the city attorney. Prior to the final map being submitted to the city, detailed CC&Rs shall be submitted for city approval. (Ord. 435-89 § 9.04, 1989)
17.36.050 Filing requirements—Fee.
Where required by the provisions of this title, all tentative maps, as set out in the Subdivision Map Act, shall be filed with the secretary of the planning commission. Any tentative map must be filed with a nonrefundable processing fee in an amount established by resolution of the city council. Twelve prints plus one reproducible print and statements concerning the proposed subdivision shall be presented to the secretary of the planning commission. (Ord. 435-89 § 9.05, 1989)
17.36.060 Application—Notice of completeness—Processing.
A. Within thirty days of accepting the application for subdivision the city shall notify the applicant that the application is complete and in accordance with the requirements of this title or incomplete; if incomplete, the city shall state what additional material or information is needed to make the application complete.
B. The city shall process all complete applications in accordance with the provisions as specified in Section 17.04.110. (Ord. 435-89 § 9.06, 1989)
17.36.070 List of surrounding property owners required.
At the time the tentative map is filed a list of all property owners surrounding the proposed subdivision within a distance of three hundred feet shall be submitted. The list shall contain the names and addresses of those properties as described in the county assessor’s latest equalized tax rolls. The list shall consist of adhesive labels in a manner to be approved by the city. (Ord. 435-89 § 9.07, 1989)
17.36.080 Application—Distribution for review.
Upon submission of a subdivision application, the secretary of the planning commission shall distribute copies of the application and all accompanying maps to the following city departments: engineer, public works, planning, fire, police and city manager. Where deter mined necessary by the secretary of the planning commission, copies may be sent to the local school district, park district, utility companies and any other county, state, regional or federal departments or agencies. (Ord. 435-89 § 9.08, 1989)
17.36.090 Review and recommendations to planning commission.
The city engineer and other officers or departments shall review the map and shall make a report and recommendation to the planning commission. (Ord. 435-89 § 9.09, 1989)
17.36.100 Easements—Proof of adequacy.
The subdivider shall submit proof of the adequacy of the proposed easements at the time of filing the tentative map and any utility company concerned may make a report to the planning commission as to the adequacy of the proposed easements. (Ord. 435-89 § 9.10, 1989)
17.36.110 Lots recorded by previous subdivisions.
Any lots created by a final map from a tentative map approved by the city shall eliminate any previously recorded lot lines which fall within the final map. (Ord. 435-89 § 9.11, 1989)
17.36.120 Appeal—From planning commission action.
Appeal from the action of the planning commission must be made in writing by the applicant or any interested person or party, notified pursuant to Government Code Section 66451.4, to the city council within ten days from the date of action of the planning commission. (Ord. 435-89 § 9.12, 1989)
17.36.130 Appeal—Council hearing and decision.
The city council shall, after proper notice, hear such appeal within thirty days of the appeal being filed. Within ten days following the conclusion of the hearing the city council shall render its decision on the appeal. If the city council fails to act within ten days following the close of the hearing, the action of the planning commission shall be deemed as final, unless this time period is extended by mutual consent of the subdivider and the city council. (Ord. 435-89 § 9.13, 1989)
17.36.140 Approval conditions—Reasons for disapproval.
The planning commission or city council shall make affirmative findings and shall disapprove a tentative map only for those reasons cited below:
A. The tentative map is inconsistent with the adopted general plan or specific plan. The tentative map shall not be approved unless it is found consistent by the planning commission, or the city council upon appeal. The proposed tentative map must be compatible with the objectives, policies, general land uses and programs specified in such a plan;
B. The tentative map, as submitted, cannot meet the requirements of this title or any of its chapters including but not limited to design and improvements, street design, improvements or general lot standards;
C. The planning commission (or city council upon appeal) shall deny approval of a tentative map if it makes any of the following findings:
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code,
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans,
3. That the site is not physically suitable for the type of development,
4. That the site is not physically suitable for the proposed density of development,
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat,
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems,
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
D. The planning commission may, in addition to any other causes therefor, disapprove a tentative map because of flood or slide hazards and may require protective improvements to be constructed as a condition precedent to approval of the map. (Ord. 435-89 § 9.14,1989)
17.36.150 Sewer discharge restrictions and water quality control.
The city engineer shall determine whether the discharge of waste from the proposed subdivision into the existing city sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the State Water Code. In the event the city engineer finds that the proposed waste discharge would result in or add to violation of the requirements of such board, the tentative map shall be referred to the city council for final action. (Ord. 435-89 § 9.15, 1989)
17.36.160 Improvement plans—Contents—Processing time limits.
A. After the approval by the planning commission of the tentative map of any subdivision, the subdivider shall furnish the following information to the planning commission or the city council until the improvement plans have been approved by the city engineer. No improvements shall be accepted by the city until such time as the final map is approved by the city council.
1. Five copies of a grading plan showing existing and proposed contours, typical cross-sections and finished grades of all lots, roads, streets and highways in the proposed new subdivision;
2. Five copies of plan and profile drawings of all streets, including sewer, water and drainage improvements and other utilities. All tracings or duplicate tracings shall be filed with the city engineer;
3. Five copies of the final improvement plans and specifications. The scale of the plans shall be one inch equals forty feet horizontally; one inch equals four feet vertical in profile, unless otherwise approved by the city engineer, and all plans shall be twenty-four inches by thirty-six inches in size.
B. An improvement plan processed in conjunction with either an approved tentative parcel or final map shall be acted upon by the city council within sixty working days of its submittal, except that at least fifteen working days shall be provided for processing any resubmitted or revised improvement plan(s). The sixty working days period shall only begin when the city engineer deems the plan as complete and shall not include any days during which the improvements have been subject to correction or revision by the applicant. All other provisions of Government Code Section 66456.2 shall apply to this provision. (Ord. 435-89 § 9.16, 1989)