Chapter 16.02
TENTATIVE MAP
Sections:
16.02.030 Information on tentative map.
16.02.040 Statement to accompany tentative map.
16.02.050 Filing of map – Payment of fees.
16.02.060 Action by planning commission on tentative map.
16.02.070 Action by council on report of commission.
16.02.080 Hearing by council where no action taken by commission.
16.02.010 Tentative map.
The initial action in connection with the making of any subdivision or parcel split shall be the preparation of a tentative map or maps. (Ord. 346, 1975).
16.02.020 Form of map.
The tentative map shall be clear and legible. The size of the sheet shall be a minimum in size of 18 inches by 26 inches, and a maximum in size of 24 inches by 36 inches. The scale shall be a minimum of one inch equals 100 feet unless approved by the city engineer. (Ord. 346, 1975).
16.02.030 Information on tentative map.
A tentative map shall contain the following information:
A. A tract name to distinguish the subdivision from others in the city, or a tract number complying with any system adopted by resolution of the council;
B. Name and address of the record owner of the property to be subdivided, and the name and address of the subdivider if the owner is not the subdivider;
C. Date of preparation;
D. North arrow;
E. Scale;
F. A key map showing the proposed subdivision and surrounding subdivisions and streets within one-eighth of a mile radius of the boundaries of the proposed subdivision;
G. Boundary lines;
H. Locations and widths of all streets and alleys, and names of streets abutting or intersecting the boundary of the subdivision;
I. Names of all streets;
J. Approximate radii of street curves;
K. Locations and widths of pedestrian ways, where provided;
L. Lot lines and approximate dimensions;
M. Lot numbers;
N. Locations and approximate dimensions of proposed public areas or private common areas;
O. Limitations on rights of access to and from streets or public areas and locations and approximate widths of reserve strips;
P. Widths and locations of all existing or proposed public and private easements;
Q. Location of lines of specific plans;
R. Locations of structures, irrigation ditches, pipelines, railroads and other physical features;
S. Locations of city boundary lines in relation to the subdivision;
T. Locations of boundary lines of any school district or other taxing district which may intersect the subdivision;
U. Where topography may control or influence the layout of streets, lots, water supply or drainage, approximate contours shall be shown, drawn to intervals sufficient to indicate clearly topographic conditions;
V. A tentative drainage plan, including provision for disposal of stormwaters. (Ord. 346, 1975).
16.02.040 Statement to accompany tentative map.
The tentative map shall show thereon or be accompanied by the following written statements and reports with respect to the property proposed to be subdivided:
A. Legal description of the property;
B. A statement or title report describing all rights-of-way, easements, covenants, conditions, and deed restrictions of record, to which the property may then be subject;
C. Existing use or uses of the property;
D. Location and description of all existing structures proposed to remain on the property;
E. Proposed uses of the property;
F. Deed restrictions, covenants or conditions, if any, which it may be proposed to impose on the property;
G. Description of street tree planting plan and other landscape plans, if any;
H. Statement of any improvements proposed to be made or installed;
I. Statement as to total number of lots, average and minimum size of lots, and any other information which the subdivider may deem useful in the review of the map;
J. A soil report, as required by HMC 16.05.140;
K. Address and name of authorized agent, if any, to which the subdivider desires notices and reports to be mailed;
L. An environmental impact statement as required by law. (Ord. 346, 1975).
16.02.050 Filing of map – Payment of fees.
A. An applicant shall pay a filing fee as may be established from time to time by resolution of the city council.
B. Copies of the map shall be transmitted by the clerk to the following:
1. Commission (two copies);
2. Council;
3. County planning commission;
4. City engineer (two copies);
5. Each public utility affected;
6. School district.
C. Each subdivider of either a major subdivision or a parcel split shall file with the city such number of copies of the tentative map as may be required from time to time by the city. The city shall make available to the subdivider or his representative a copy of pertinent city regulations and such other instruction sheets providing information relative to the preparation of said tentative map. The time of filing of a tentative map shall be construed to be the time at which the same, together with the required data, is received in the office of the city clerk, all fees have been paid and all procedures under the city rules to implement the California Environmental Quality Act of 1970, including the preparation of a final, environmental impact report if required, have been completed. The city clerk shall indicate the date of filing upon all copies of the tentative map and accompanying data. One copy of a preliminary title report on the property to be subdivided shall accompany the tentative map. The tentative map shall depict the property proposed to be subdivided and shall further depict all lands in the name of or under option to the subdivider and/or owner of the property proposed to be subdivided located in the vicinity of the proposed subdivision. (Ord. 346, 1975).
16.02.060 Action by planning commission on tentative map.
A. The commission shall report on the map or maps of any subdivision and file such report with the clerk within the time limit specified in the State Map Act.
B. Investigations. The commission may make such investigations as it may determine for the purposes of making its decisions.
C. Scope of Consideration and Report by Commission. The commission shall in its report determine whether the tentative map complies with this code and the Map Act, and shall approve, conditionally approve or disapprove the subdivision design and the map, and shall recommend the kind, nature and extent of the improvements and dedications, including access rights, to be required, and easements to be furnished by the subdivider. (Ord. 346, 1975).
16.02.070 Action by council on report of commission.
A. The council shall hear and act upon the report of the commission within 10 days, or at its next succeeding regular meeting, after receipt of the report.
B. No notice shall be required of such hearing, except in the case of a special meeting, in which case the subdivider shall be given 24 hours’ written notice of such hearing, delivered to the address of the subdivider as shown on the tentative map, or other such address as he may have filed with the clerk.
C. At such hearing, the council shall hear the testimony of the subdivider or any witnesses on his behalf and may hear the testimony of the representatives of the advisory agency or any witnesses on its behalf, and may also hear the testimony of other competent persons respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into. The council shall hear any persons adversely affected by any decisions of the planning commission if such person desires to speak.
The council may, by resolution, sustain, modify, reject or overrule any recommendations or rulings of the advisory agency and may make such findings as to the approval, conditional approval or disapproval of the subdivision design and the map, and as to the kinds, nature and extent of the improvements and dedications to be required.
D. 1. Mandatory Finding (Environmental and Planning). No tentative or final subdivision map hereunder shall be approved unless the proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general or specific plans of the city and the city council so finds. Failure of the city council to so find shall be deemed disapproval of the proposed map.
2. Permissive Findings (Environmental and Planning). The city council shall deny approval of a tentative or final 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 or development;
e. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
f. 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 city council 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 and to easements established by judgment of a court of competent jurisdiction.
3. Environmental Finding. The city council shall deny approval of a tentative or final subdivision map if it finds 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.
4. Compliance with Tentative Map. The city council shall not deny approval of a final subdivision map pursuant to HMC 16.05.050 or 16.05.060 if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map.
E. The commission shall mail a copy of its report and recommendations to the subdivider at his address designated in the statement filed with the map prior to action on the map by the council. (Ord. 346, 1975).
16.02.080 Hearing by council where no action taken by commission.
If no action is taken by the commission within the maximum time allowed for the filing of its report, the council may upon its own motion consider the said map at a hearing within 10 days, or at its next succeeding regular meeting, after the expiration of the maximum time limit allowed for the filing of the report of the commission, unless the subdivider consents to a continuance. The commission or its secretary shall deliver the map and any papers lodged with it relating thereto to the council on the request of the clerk or the mayor. The council shall give 24 hours’ written notice of its intended consideration of such map to the secretary of the commission, and also such notice shall be delivered to the address of the subdivider as shown on the tentative map, or at such other address as he may have filed with the clerk. At such hearing the council shall hear the testimony and make such findings as are mentioned in HMC 16.02.070(C). (Ord. 346, 1975).
16.02.090 Extension of time.
Upon written application of the subdivider made within 18 months of the approval or conditional approval of the tentative map, the council may grant by resolution an extension of time of one year for filing of the final map. One additional extension of one year may be granted. In no case may any tentative map be extended for a total of more than two years. All applications shall be filed sufficiently in advance of the expiration date to permit inclusion upon the council agenda, and council action prior to such expiration date. At the time of consideration by the council of the extension of the approved tentative map, the council shall hear the testimony of the subdivider or any witnesses in his behalf and the testimony of the city engineer or any other witnesses. Upon conclusion of the hearing or the time of consideration, unless the subdivider and council mutually agree that additional time is needed for consideration, the council shall, within seven days, declare its findings by resolution based on the testimony and documents placed before it. The council may approve, conditionally approve or deny the request for extension.
The responsibility for making timely application for any extension shall remain entirely with the subdivider, and the city assumes no obligation to notify the subdivider that any tentative map or extension thereof is about to expire. (Ord. 346, 1975).