Chapter 16.08
TENTATIVE MAPS
Sections:
16.08.020 Compliance with the general plan, specific plan and zoning code.
16.08.040 Determination of application completeness.
16.08.050 Tentative map review and distribution procedures.
16.08.070 Information to be contained on tentative maps.
16.08.080 Documentation to be submitted with tentative maps.
16.08.100 Planning and city department staff review.
16.08.110 Staff reports and recommendations for tentative maps.
16.08.120 Time frames for planning commission recommendation on tentative maps.
16.08.130 Time frames for action by city council on tentative maps.
16.08.140 Findings for denial of tentative maps.
16.08.150 Expiration of a tentative map.
16.08.160 Extensions of time for tentative maps.
16.08.170 Modifications of tentative maps.
16.08.180 Withdrawal of tentative map.
16.08.010 General.
The procedures set forth in this chapter shall be applicable to tentative maps. (Ord. 05-1915 § 1, 2005.)
16.08.020 Compliance with the general plan, specific plan and zoning code.
All divisions of land pursuant to this title shall conform to those development standards set forth in the zoning code for the zoning district in which the property to be divided is located at the time the application for the tentative map is deemed complete. All divisions of land pursuant to this title shall also conform with the general plan, and any applicable specific plan, including all maps, goals, objectives, policies and implementation measures, in effect at the time the tentative map is deemed complete. (Ord. 05-1915 § 1, 2005.)
16.08.030 Filing application.
Unless otherwise provided in this title, each proposed final map, tract map or vesting tract map shall first be submitted to the city in the form of a tentative map. Tentative maps shall be prepared and submitted in compliance with all applicable state laws and city ordinances. Tentative maps shall be filed with the planning department. (Ord. 05-1915 § 1, 2005.)
16.08.040 Determination of application completeness.
When the required number of copies of a tentative map and accompanying reports (including required environmental reports) and applications have been received by the planning department, the tentative map shall be examined by the planning department staff in light of the requirements of this chapter to determine whether or not it contains all of the required information and is acceptable for filing. The case planner shall notify the applicant of his or her determination of completeness of the subdivision application, as required by California Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the planning commission, pursuant to California Government Code Section 65943(c), through the appeal process set forth in CMC 16.02.120(A).
Tentative map applications shall not be deemed complete until all environmental documentation required under CEQA and local environmental processing procedures have been completed. (Ord. 05-1915 § 1, 2005.)
16.08.050 Tentative map review and distribution procedures.
The review and distribution procedures for tentative map applications filed with the planning department shall be as follows:
A. Environmental Review. After an application has been determined to be complete, an initial study of the project’s potential environmental impacts shall be completed pursuant to CEQA Guidelines Section 15063. During the review period, the chief planning official shall determine the appropriate type of environmental review. The chief planning official may request the preparation of additional studies to respond to issues raised during the review of the tentative map and preparation of the initial study. Once required studies have been completed and/or the chief planning official has determined the appropriate environmental action, the chief planning official shall prepare and distribute the proper environmental notice.
B. Distribution of Maps and Receipt of Comments. Within five business days after an application has been determined to be complete, the chief planning official shall send notice of said determination to affected school districts pursuant to California Government Code Section 66455.7. The application shall be forwarded to other cities and local agencies for review pursuant to the provisions of California Government Code Section 66453 et seq. (Ord. 05-1915 § 1, 2005.)
16.08.060 Reserved.
16.08.070 Information to be contained on tentative maps.
All tentative maps shall be prepared in a manner acceptable to the chief planning official and city engineer and shall be prepared by a licensed land surveyor or state registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets which shall all be of equal size and shall not exceed 36 inches along any side. The scale of the map shall be one inch equals 100 feet or larger. The chief planning official or city engineer may approve the use of another scale or sheet size not specified herein if warranted due to the size of the subject property. The number of copies of tentative maps to be submitted shall be as specified in the application for tentative maps. The map shall contain the following information in addition to any other requirement of the city’s general plan, any applicable specific plan, or the zoning code:
A. General Information.
1. Map number;
2. Name, address and telephone number of subdivider;
3. Name, address, and telephone number of person preparing the tentative map;
4. Name and address of subdivision owner of record;
5. North arrow and scale of tentative map;
6. Date tentative map was prepared and/or revisions;
7. Registered civil engineer or licensed land surveyor signature and seal;
8. Area of the subdivision, both as total area and as area excluding existing right(s)-of-way dedicated for public use;
9. General plan designation, existing zoning of subject property and proposed land use, as well as any proposed zoning changes, whether immediate or future;
10. Names, addresses and telephone numbers of utilities, school districts, fire protection agencies, and cable television services serving the tract.
B. Vicinity Information.
1. A vicinity or area map, located on the tentative map, at a scale of one inch equals 500 feet, or as otherwise approved by the chief planning official or city engineer, showing only the existing major street pattern and major watercourses and flood control channels within one-half mile of exterior boundaries of the subdivision;
2. All boundary lines of the subdivision with approximate bearing and distances described with any identifying tree rows, dikes, or channels;
3. Existing buildings or structures identified by use, including those within 100 feet of the subdivision boundary;
4. Adjoining property lines and land uses, including adjacent subdivision map numbers, if any;
5. Average lot area of adjacent subdivisions;
6. Location of existing trees (including a description of species/type and breast height diameter) and proposed tree removals.
C. Topographic Information.
1. Topography, including: one-foot contour lines where slope is less than five percent; two-foot contour lines where slope is between five and 10 percent and five-foot contour lines where slopes are greater than 10 percent. Every fifth contour shall be clearly labeled and indicated so as to be distinctive. Contour lines shall extend a minimum of 100 feet beyond the subdivision boundary. Dashed lines shall represent existing contours. Topographic mapping shall include any significant features which can materially affect the design of the subdivision, including but not limited to structures, fences, walls and utility poles. Source and date of existing contours shall be included;
2. Pad elevation and drainage pattern of each lot;
3. Tops and toes of all manufacturers’ slopes, including all daylight lines;
4. Estimated quantities of cut and fill material in cubic yards; and
5. Existing and proposed retaining wall locations and heights.
D. Site Access and Circulation Information.
1. Existing and proposed street alignments, including public alleys, cross sections, and rights-of-way widths;
2. Existing and future adjacent and connecting street alignments including widths of rights-of-way;
3. Proposed street grades;
4. Centerline radii of street curves;
5. The location and radii of the rights-of-way at all curb returns and cul-de-sacs;
6. The width and location of all necessary and approved off-site access from the proposed subdivision onto the nearest public street; and
7. Street names on all existing streets within, fronting, or adjacent to the proposed subdivision. Proposed public or private streets shall be designated as such and those not officially named should be shown as “A” Street, “B” Court, or “C” Road, unless a current listing of desired names has been approved for said tentative subdivision.
E. Utilities Information.
1. Names and addresses of all operators and providers of proposed subdivision utility systems; if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply;
2. All watercourses, storm drainage easements, utility facilities, fire hydrants, street lights, wells, and special flood hazard areas which are subject to inundation or storm water overflow in accordance with current Federal Emergency Management Agency (FEMA) maps;
3. Location of and size of existing overhead utilities on peripheral streets;
4. Preliminary plan of off-site drainage channel and any other drainage devices;
5. Approximate location of all existing and proposed public and private easements and easements to be abandoned pursuant to Government Code Section 66499.20-1/2;
6. Location and size of existing and proposed water, sewer, and storm drain lines with their approximate slope, connection point, and elevation; and
7. Method of collection and disposal of storm water runoff including detention facility location and storage volume.
F. Lot Information.
1. Minimum, maximum, and average lot sizes within the subdivision;
2. The location of any remainder of the original parcel shall be indicated by deed reference to the existing record boundaries of such remainder if such remainder has an area of five acres or more; remainder parcels shall be subject to review for design access, water and sewer availability and other such improvements as may be necessary to protect the public health, safety and welfare, are necessary for orderly development, and are consistent with the intent of this title;
3. Total number of lots proposed;
4. Lot lines, dimensions, and identifying number or letter; common lots shall be lettered lots and define use or purpose of such common lot(s);
5. If phasing is proposed, show all phase boundaries and the number of each phase; and
6. The location of each lot boring shall be shown on the exhibit attached to the preliminary soils report described in CMC 16.08.080(K).
G. Other Information.
1. Proposed recreation sites, trails, and parks for private or public use;
2. Proposed common areas and areas to be dedicated to public open space. (Ord. 05-1915 § 1, 2005.)
16.08.080 Documentation to be submitted with tentative maps.
A. A signed statement by all owners in fee simple estate, or authorized agents thereof, consenting to such filing of the subdivision of the parcel(s) involved;
B. A legal description of the land within the proposed subdivision;
C. The disposition to be made of all existing structures, tree rows, and other significant vegetation and natural features, wells, tanks, irrigation facilities and public utility lines;
D. A statement as to the intention of the subdivider in regard to slope planting and erosion control;
E. Source, name of supplier, quality and estimate of available quantity of water, or, if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply;
F. A description of the proposed method and plan of sewage disposal. Whenever the method of sewage disposal proposed is other than by a public sewage disposal system, a soil evaluation report or geologic report, acceptable to the Los Angeles County environmental health division, indicating that individual sewage disposal systems will function properly, shall also be submitted. A public sewage system is a sewage disposal system directly controlled by public authority;
G. A certification by the applicant, supported by a preliminary title report (dated within 60 days of tentative map submittal), that the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, land within the proposed subdivision;
H. A list of all proposed deviations to city standards for map, street and storm drainage design, together with justification for each;
I. A preliminary drainage report describing the proposed method and plan of storm water disposal (the plan including location of storm drain lines, detention facilities, inlets and ultimate outlet may be shown on the tentative map) prepared by a state registered civil engineer. The drainage report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development: drainage areas, major watercourses, quantity of storm water and patterns, diversions and collection systems. Flood hazard areas, based on 100-year storm frequency, shall be delineated on the tentative map. Special flood hazard areas as shown on applicable Federal Emergency Management Agency (FEMA) maps shall also be delineated on the tentative maps. Building sites, as designated in the soils report, shall be located outside of flood hazard areas. Drainage requirements of the city of Covina, as published by the city engineer’s office and as updated, and Los Angeles County road standards also apply;
J. The disclosure of all proposed mitigation measures recommended by any applicable environmental document, with a statement of how measures will be incorporated within the project;
K. A soils report, prepared by a civil or geotechnical engineer registered in the state of California and based upon adequate test borings to adequate depths (subject to review by the city engineer), will be required for use in evaluating and reporting the impact that the subdivision may have upon the environment.
1. The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed subdivision. The soils report shall state whether the proposed plan is feasible and provides general solutions for all known geotechnically hazardous conditions or problems. The report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation of on-site sewage disposal if proposed. A liquefaction report shall also be required in areas of high ground water, less than 50 feet deep, or as determined by the city engineer. The city engineer may require that the soils report address all additional issues deemed pertinent by him or her.
2. If the city engineer has knowledge of, or the soils report indicates, the presence of critically expansive soils, collapsible soils or other soils problems which, if not corrected, could possibly lead to structural damage to any structure proposed to be developed upon the subdivision, investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil or geotechnical engineer, registered in this state, who shall recommend the corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where the soils problems exist. The city council may approve the subdivision or portion thereof where these soils problems exist if it determines the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated into the construction of each structure.
3. An engineering geology evaluation, prepared by an engineering geologist registered in the state of California, defining the geologic conditions of the subdivision shall be submitted. The geologic evaluation shall state any geologically hazardous conditions which may exist in the subdivision and whether the proposed plan is feasible and shall provide general solutions for all known hazardous conditions or problems. The evaluation report shall point out specific areas where development may create geologically hazardous conditions. The engineering geology evaluation requirements may be waived if the chief planning official or city engineer finds that, due to the knowledge his or her staff has as to the geologic characteristics of the subdivision, no engineering geology evaluation is necessary.
4. The geotechnical/engineering geology report shall designate a suitable building site for each lot, which is safe from liquefaction, settlement, landsliding, mudsliding, seismic fault rupture and flood hazards and which has reasonable access thereto as determined by the city engineer. (Ord. 05-1915 § 1, 2005.)
16.08.090 Referrals.
The planning department shall transmit copies of the tentative map and, where applicable, the accompanying drawings and statements to the responsible city departments, together with a request for written recommendations on the proposed subdivision to be returned to the project. The case planner may transmit additional applicable copies to such other public and private agencies or departments as may be affected by the proposed subdivision, together with requests for written recommendations thereon. Failure to submit such written recommendations may be deemed recommended approval of the proposed subdivision. Copies of reports by city departments and/or agencies shall be transmitted to the subdivider upon completion. (Ord. 05-1915 § 1, 2005.)
16.08.100 Planning and city department staff review.
Prior to planning commission hearing, the staff of the planning department and other responsible city departments shall review the tentative map for conformity with the provisions of this title, conformity of the proposed uses with the general plan, any applicable specific plan, the zoning code, and any other applicable ordinances, and shall advise on possible improvements in the design of the proposed subdivision. The staff of the planning department and other responsible city departments also shall advise on the requirements, if any, of county, special district, state and other public or private agencies affected by the proposed subdivision. (Ord. 05-1915 § 1, 2005.)
16.08.110 Staff reports and recommendations for tentative maps.
Any staff report or recommendation on a tentative map to the planning commission shall be in writing and a copy thereof shall be made available to the subdivider or applicant at least three working days prior to any hearing on such map by the planning commission. (Ord. 05-1915 § 1, 2005.)
16.08.120 Time frames for planning commission recommendation on tentative maps.
A. The planning commission shall hold a public hearing on the tentative map. Unless the planning commission makes any of the findings for denial contained in CMC 16.08.140, it shall issue a written report to the city council recommending that the council approve or conditionally approve the tentative map, or if such findings are made, it shall issue a written report to the city council recommending that the council deny the tentative map. The planning commission shall issue its written report on the tentative map to the city council within 50 days after the tentative map is filed with the planning department and is deemed complete, except as this time frame may be extended by California Public Resources Code Section 21151.5, and California Government Code Sections 66452 and 66452.1.
B. The time frames noted above may be extended as provided by other prevailing statutory law or court decisions. (Ord. 05-1915 § 1, 2005.)
16.08.130 Time frames for action by city council on tentative maps.
A. At the next regular meeting of the city council following the filing of the planning commission’s recommendation report with the council, the city council shall fix the public hearing date at which the tentative map will be considered by it, which date shall be not later than 30 days thereafter.
B. On the date fixed by the city council, it shall hold a duly noticed public hearing on the tentative map. Unless the city council makes any of the findings for denial contained in CMC 16.08.140, it shall approve or conditionally approve the tentative map, or if such findings are made, it shall deny the tentative map. The city council shall take such action within the same 30-day period.
C. The time frames noted above may be extended as provided by California Public Resources Code Section 21151.5, California Government Code Sections 66452 and 66452.1, or other prevailing statutory law or court decisions.
D. In the event that action on a tentative map application is not taken in a timely manner by the city council and the application is deemed approved by operation of law, pursuant to California Government Code Section 66452.4, then the standard conditions of approval prepared by the city that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.
E. The decision of the city council to approve, conditionally approve, or to deny a tentative map application shall be final. (Ord. 05-1915 § 1, 2005.)
16.08.140 Findings for denial of tentative maps.
Any tentative map shall be denied by the city council, or recommended for denial by the planning commission, if any of the following findings are made:
A. The proposed subdivision is not consistent with the general plan and any applicable specific plan for the area;
B. The design or improvement of the proposed subdivision is not consistent with the general plan and any applicable specific plan for the area;
C. The tentative map proposes to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract and the resulting parcels following division of the land will be too small to sustain their agricultural use;
D. The subdivision is not physically suitable for the type and proposed density of development proposed by the tentative map;
E. The design of the subdivision and proposed improvements, with conditions of approval are either:
1. Likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or
2. An environmental impact report has been prepared and a finding has been made, pursuant to California Public Resources Code Section 21081(a)(3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report;
F. The design of the subdivision and the type of improvements are likely to cause serious public health problems;
G. The design of the subdivision does not provide for future passive or natural heating and cooling opportunities in the subdivision to the extent feasible;
H. The design of the subdivision and 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, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will not be provided;
I. The subdivision is not consistent with the city’s parkland dedication requirements (Quimby Act – see Chapter 16.28 CMC);
J. The subdivider is unable to demonstrate that a sufficient water supply will be available to serve the subdivision, in accordance with California Government Code Section 66473.7. (Ord. 05-1915 § 1, 2005.)
16.08.150 Expiration of a tentative map.
Except as may be extended by California Government Code Section 66452, the approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved.
Failure to cause a timely filing in accordance with CMC 16.08.160 with the city within 24 months after approval shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new tentative map. The subdivider shall be responsible for keeping a record as to when a map will expire. (Ord. 05-1915 § 1, 2005.)
16.08.160 Extensions of time for tentative maps.
Notwithstanding CMC 16.08.150, the initial 24-month term of tentative maps may be extended as follows:
A. Request by Subdivider. Not more than 60 calendar days before the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed 12 months. The subdivider shall file with the chief planning official a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.
B. The planning commission may additionally approve a maximum of six one-year time extensions, each extension not to exceed 12 months, but may not impose additional conditions of approval. Any time extension shall be denied by the city council, or recommended for denial by the planning commission, if any of the findings in CMC 16.08.140 are made.
C. If a subdivider is required to expend the amount specified in California Government Code Section 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the subdivision boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by California Government Code Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than 10 years from its date of original approval.
D. The subdivider, city officer, or any interested party adversely affected may appeal any action of the planning commission related to the extension of a tentative map to the city council in accordance with CMC 16.02.120(B). (Ord. 17-07 § 7, 2017; Ord. 05-1915 § 1, 2005.)
16.08.170 Modifications of tentative maps.
A. Tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the chief planning official, pursuant to this section. The applicant shall file a letter with the chief planning official requesting that a determination be made regarding the subdivision. The city shall respond within 30 days with its decision.
B. Minor modifications may be processed administratively by the chief planning official or city engineer, without notice or public hearing; provided, that the proposed changes are consistent with the intent of the original tentative map approval, do not affect off-site properties, and there are no resulting violations of this title or the zoning code. The following modifications are considered minor:
1. Modifications to less than 10 percent of the total number of lots in the subdivision; provided, that there is no increase or decrease in the total number of lots within the subdivision.
2. Modifications to the horizontal alignment of 10 feet or less, or vertical alignment of five feet or less, of any cul-de-sac, local or collector roadway when such modification does not affect off-site property.
3. Any other changes, which in the opinion of the chief planning official or city engineer do not involve substantial changes to the map or the conditions of approval and which do not affect off-site property.
C. Any other amendment or modification of an approved or conditionally approved tentative map shall be processed as a revised tentative map, in accordance with the procedures set forth in this chapter for tentative map approval, except that such modification approval shall not alter the original expiration date of the tentative map. (Ord. 05-1915 § 1, 2005.)
16.08.180 Withdrawal of tentative map.
Any subdivider wishing to withdraw a tentative map at any time prior to action thereon by the city council shall do so in writing. If such request for withdrawal is made prior to distribution of the map to the city departments and affected agencies, the filing fee, less a processing fee in an amount that may be set from time to time by a resolution of the city council, shall be refunded to the subdivider. (Ord. 09-1975 § 1, 2009; Ord. 05-1915 § 1, 2005.)