Division 5.
Maior Subdivision - Tentative Map.

25.146 Relationship to EIR process.

Prior to approval of an application for tentative map approval, the owner or subdivider shall have complied with the requirements of the city’s regulations which implement the California Environmental Quality Act of 1970. (Ord. No. 92-24, 2.)

25.147 Filinq procedure.

The subdivider shall file with the department of planning and development, an application form complete with all information required by the director of planning and development. The time of filing of a tentative map shall be the time at which the same, together with required data, is received in the office of the director of planning and development. The date of filing shall be clearly indicated on all copies of the tentative map and accompanying data by the director of planning and development or member of his/her staff. (Ord. No. 92-24, 2.)

25.148 Filing fee.

A filing fee shall be set by the city council for filing a tentative map. If additional tentative maps or requests covering the same tract and involving only minor revisions or amendments of the initial map are filed, a fee which is set by the city council will be required, however, for any new tentative map which has expired, or for any requested revision or amendment to a tentative map which the director of planning and development finds and determines will involve substantial time by city staff to process such request, the original fee for filing a tentative map will be required.

25.149 Distribution

Within four (4) work days of deeming the application for the tentative map complete for processing, the secretary of the planning commission shall transmit the requested number of copies of such map together with accompanying data to such public agencies and/or utilities as may be affected or concerned with the proposed subdivision. Each of the public agencies and/or utilities may, within fourteen days after the map has been deemed as complete for processing, forward to the secretary of the planning commission written reports of its findings and recommendations thereon.

Failure to reply within the allotted time shall be interpreted to mean that the agency or utility has no comment to make. The city engineer shall prepare a written report of his recommendations on the tentative map in relation to the requirements of this ordinance and other applicable regulations of the city, or other public agencies and shall submit the same to the secretary of the planning commission within fourteen days of acceptance of said map as complete for processing. It shall be the responsibility of the secretary of the planning commission to synthesize and consolidate the recommendations received from the responding agencies into the staff report to the planning commission. The staff report shall be in writing. (Ord. No. 92-24, § 2.)

25.150 Design and Development Review.

Prior to the planning commission’s consideration of an application for tentative subdivision map, the Development Action Review Team (DART) shall review the map. Its review shall include, but is not limited to, an assessment of the following:

(a)    The subdivision layout, including street alignments and lot configuration(s).

(b)    The relationship of the subdivision and proposed type of improvements with adjoining established neighborhoods or natural features.

(c)    Such other design elements of the subdivision or proposed improvements which have an impact on the subdivision design.

(d)    The proposed circulation, street improvements, right-of-way dedication utility easements, grading, drainage facilities, storm drain improvements, security, fire flow, emergency access, location of fire hydrants, water and sewer connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking and other State and local code requirements.

(e)    In accord with the City’s procedures for implementation of CEQA, undertake environmental review and make appropriate recommendations.

DART is responsible for requiring changes in any tentative map to ensure compliance with adopted codes, guidelines and standards. Comments from other agencies such as the school districts are also considered by DART. The information received at the DART meeting shall be sent in writing to the applicant. Upon conclusion of its review, the Development Action Review Team (DART) shall forward a recommendation to the planning commission to approve, conditionally approve, or deny the tentative subdivision based on findings of consistency with applicable development regulations, standards, and adopted design policy.

(Ord. No. 95-23, § 2.)

25.151 Planning Commission action.

The Planning Commission shall hold a public hearing and act on a tentative, map application within the time limits prescribed in Section 66452.1 of the Subdivision Map Act. Notice thereof shall be given as provided in Section 25.39 of the Fairfield City Code. Any person interested in or affected by the proposed subdivision may be heard. (Ord. No. 92-24, § 2.)

In considering the proposed tentative map, the Planning Commission may approve, conditionally approve, or deny the application, and shall make such findings as are consistent with the Subdivision Map Act, this ordinance, the general plan, specific plan, or redevelopment plan. (Ord. No .92-24, § 2.)

The Planning Commission shall deny approval of a tentative subdivision map if it makes any of the following findings:

(a)    That the proposed map is not consistent with applicable general and specific plans.

(b)    That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c)    That the site is not physically suitable for the type of development.

(d)    That the site is not physically suitable for the proposed density of development.

(e)    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.

(f)    That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(g)    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.

The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to division 7 (commencing with section 1300) of the Water Code. In the event that the Planning Commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

The action of the Planning Commission on a tentative subdivision map may be appealed to the city council in the manner prescribed in Section 25.34 of this chapter. (Ord. No. 92-24, 2.)

25.152 Approval period for tentative maps - Time extension.

An approved or conditionally approved tentative map shall expire two (2) years after its approval or conditional approval. (Ord. No. 92-24, 2.)

Upon written application of the subdivider filed with the secretary of the planning commission prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by action of the Planning Commission in accordance with the terms and provisions of Section 66452 of the Subdivision Map Act.

(Ord. No. 92-24, 2.)

The original conditions of approval may be modified or changed by the Planning Commission at the time of approval of any extension of time. The Planning Commission shall not grant any extension beyond the time which could legally have been granted. (Ord. No. 92-24, 2.)

The Planning Commission shall deny approval of a request for extension if it determines any of the findings provided in sec. 5.6 (sec. 25.151) exist at the time of the request for extension because conditions in the area and/or policies of the city have changed since the time of original approval.

(Ord. No. 92-24, 2.)

25.153 Preparation of tentative map.

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a person competent in the preparation of such mFlPs, such as a registered civil engineer or licensed land surveyor or practicing land or city planner. A land surveyor or practicing land or city planner who prepares a tentative map shall be associated with a civil engineer who shall be responsible for providing the engineering information required to be submitted with a tentative map by this section.

25.154 Scale.

The scale of the tentative map shall be not smaller than one inch (1 “) equals one hundred feet (100’).

25.155 Dimension.

The tentative map shall be clearly and legibly drawn. The dimensions of the map shall be twenty-four inches (24") by thirty-six inches (36").

25.156 Information required on tentative map.

The following information shall be shown on the tentative map or contained in a supplemental document attached to the tentative map.

(a)    The tract name, north arrow, scale and date. The tract name shall not duplicate or nearly duplicate the name of any other tract in the city.

(b)    A vicinity sketch shall be drawn on or accompany the tentative map. A vicinity map shall show the location and boundary of the proposed tract and existing street pattern, and public facilities in the immediate vicinity.

(c)    The name and address of the record owner or owners.

(d)    The name and address of the subdivider.

(e)    The name and address of the person, firm or organization preparing the tentative map.

(f)    Location, names, and existing width of adjacent roads, streets, highways, or ways.

(g)    Names of adjacent tracts and names of owners of adjacent unplotted land.

(h)    Acreage of subdivision and total number of lots.

(i)    Existing sewers, culverts, or other underground or above-ground public utilities or structures within the tract and immediately adjacent thereto with pipe size, grades and locations indicated.

(j)    The locations, names, width and curve radii of all roads, streets, highways and ways in the proposed new subdivision.

(k)    The outline of any existing buildings or structures and their locations in relation to existing or proposed street and lot lines.

(l)    The contours at five foot (5’) intervals for predominant ground slopes within the tract between zero percent and five percent and one foot (1’) contours for predominant ground slopes within the tract over five percent. Such contours shall be referred to the system of bench marks established by the city engineer.

(m)    The location of all existing trees within the boundaries of the subdivision which have a trunk diameter three inches or greater measured three feet from the ground.

(n)    The widths and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

(o)    Lot layout and dimensions of each lot.

(p)    Each lot shall be numbered.

(q)    Approximate location of areas subject to inundation or storm water overflow, of all areas covered by water, and the location, width and direction of flow of all watercourses.

(r)    Proposed storm drains and storm water disposal.

(s)    Proposed public areas and a statement of preference to submit a payment of fee in lieu of dedication.

(t)    Water system to be installed, including sources of water supply and outline of proposed system, including fire hydrant locations.

(u)    Method of sewage disposal.

(v)    The locations, names, widths, approximate proposed grades and gradients, typical cross section and details of curbs, gutters, sidewalks and other improvements of all streets and access easements shall be shown on or accompany the tentative map and shall be of such scale as to show clearly all details thereof.

(w)    An outline of any proposed deed restrictions or covenants.

(x)    Proposed building setback lines.

(y)    A statement of the present zoning and proposed use or uses of property, or proposed development regulations if the subdivision is a part of a planned unit development as well as proposed zoning changes.

(z)    Status of any environmental impact report being prepared for the proposed subdivision as of the date of filing the tentative map.

(aa)    All proposed cut and fill slope areas shall be evaluated as to the extent and degree. All cut and fill slopes shall be shaded on the tentative map.

(bb)    A statement that the subdivider will absorb any costs incurred by the city in respreading previous assessments on the property to be subdivided.

(cc)    Justification and reasons for any exceptions to provisions of this ordinance or to the provisions contained in previous planned unit development approval for the proposed subdivision.

(dd)    A geologic report prepared in accord with the alquist-priolo geologic hazard zoning act and the specific and detailed criteria of the state mining and geology board adopted pursuant to the geologic hazard zones act for those lands which lie within the special studies zones delineated by the state geologist.

(ee)    In some cases where it is determined by the director of planning and development, because of slope conditions, a preliminary grading plan may be required to be submitted with a tentative subdivision map application.

(ff)    Such additional information as may be required by the secretary of the planning commission.

25.157 Street names.

The proposed name of each street shown on the tentative map shall be submitted to the commission for its approval.

25.158 Exception from requirements of this article.

It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the design standards contained in section VII (division 7) of this chapter (article).

The planning commission may grant exceptions from the aforementioned requirements, when all the following conditions are found to apply:

(a)    That any exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

(b)    That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity.

(c)    That under the circumstances of this particular case, the exception rather than the strict adherence to the requirements of this article, actually carries out the spirit and intent of this ordinance.