Chapter 16.12
TENTATIVE MAPS
Sections:
16.12.020 Application requirements.
16.12.030 Application review process.
16.12.040 Acceptance or rejection of filing.
16.12.050 Review by planning officer.
16.12.060 Review by planning commission.
16.12.070 Approval or disapproval by city council.
Prior legislation: Ords. 82-1 and 86-07 and prior code § 9-4(A) through (D).
16.12.010 Purpose.
The purpose of the tentative map is to provide thorough investigation of a proposed subdivision by the planning officer, other agencies both within the city and outside the city, the planning commission, and the city council. Approval or conditional approval of a tentative map enables a subdivider creating four or fewer parcels to apply for a parcel map and a subdivider creating five or more parcels to apply for a final map. A tentative map shall be filed by subdividers who intend to create any number of parcels, but who do not intend to request the rights to proceed with development associated with a vesting tentative map. (Ord. 08-05 § 1, 2008)
16.12.020 Application requirements.
A. Compliance with Subdivision Map Act. A tentative map shall be filed and processed in accordance with the Subdivision Map Act and the provisions of this title, and shall have been approved or conditionally approved prior to the submission of a final map or parcel map for a subdivision, except as otherwise provided in this chapter.
B. Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan or master plans and any applicable specific plan or which is not permitted by the zoning ordinance or other applicable provisions of any ordinances or of this code.
C. Preparation. The tentative map shall be prepared in a manner acceptable to the planning officer, and shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state, and shall meet all requirements for tentative maps provided by the Subdivision Map Act and this title.
D. Filing with Planning Officer. Tentative maps shall be filed with the planning officer, shall include all information deemed necessary by the planning officer, and shall include the tentative map fee as set forth by city council resolution. Every subdivider shall include the following:
1. The number of tentative map and preliminary site development plan prints determined to be necessary by the planning officer;
2. The name of the subdivision, which shall be subject to review by the city;
3. The names of streets in the subdivision, which shall be subject to review by the planning officer;
4. Completed and certified environmental documentation as required by the California Environmental Quality Act; and
5. The sources and methods of sewer and water supply to serve the development with the verification or concurrence of the planning officer. (Ord. 08-05 § 1, 2008)
16.12.030 Application review process.
Figure 16.12.030.1 provides an overview of the tentative map process. Detailed information on each step is provided in the subsequent sections of this chapter.
(Ord. 08-05 § 1, 2008)
16.12.040 Acceptance or rejection of filing.
The planning officer shall, within 30 calendar days from the time the map and all required accompanying data have been received, including full environmental documentation, examine the map and accompanying data and, if they are in full compliance with the provisions of all laws and this chapter, shall deem the application as complete and accept the map for filing. If it is incomplete and not accepted, it shall be returned to the subdivider with a written statement of the reason it was not accepted for filing. The date when the map is accepted for filing shall be considered its official filing date. (Ord. 08-05 § 1, 2008)
16.12.050 Review by planning officer.
A. Copies of Filing to Interested Public Agencies. The planning officer shall forward copies of the filed tentative map and other pertinent accompanying data to interested public agencies within five days of filing. The agencies may, in turn, forward to the planning officer their findings and recommendations thereon within 15 days of receipt.
B. City Engineer Report. The city engineer shall prepare a written report to the planning officer on a tentative map. This report shall verify that the tentative map and its supporting documents are acceptable as to form and that the improvements they show conform to the provisions of this chapter and the zoning code.
C. Within 20 days from the official filing date of a tentative map, the planning officer shall schedule a subdivision conference to be held prior to the date on which the map is scheduled for planning commission action. Written notice of such conference shall be given to the subdivider and all interested agencies. At such conference, all recommendations made by various agencies and departments shall be discussed. The results of the conference shall be incorporated into the planning officer’s report, which shall be presented to the planning commission. A copy of the planning officer’s report on a tentative map shall be provided to the subdivider and to those persons specified in Section 66452.3 of the Subdivision Map Act at least three days prior to any hearing or action on such map by the planning commission.
D. The planning officer shall prepare a written report to the planning commission on a tentative map. This report shall consider the relationship of the map to the Subdivision Map Act, to this chapter, the zoning code, other city ordinances, the general plan and applicable specific plans, and comments of any other city department or public agency, made either in writing or at the subdivision conference. The report shall also recommend conditions to be placed on the map, and it shall incorporate the report of the city engineer.
E. Exceptions. Any requests for exceptions to the various conditions to be considered by the planning commission shall be filed, in writing, with the planning officer not later than the second working day following the subdivision conference. (Ord. 08-05 § 1, 2008)
16.12.060 Review by planning commission.
A. The planning officer, upon receipt of a tentative map for filing conforming to all requirements of this chapter, together with the appropriate filing fees, shall schedule said map for review by the planning commission. Within 50 days from the date that said maps are accepted for filing, unless such time is extended by mutual consent of the subdivider and the planning commission, the planning commission shall recommend approval, conditional approval, or denial of the tentative maps and shall report its recommendation in writing to the city council and subdivider, including any recommended conditions or reasons for recommended denial, if applicable. The planning commission shall recommend disapproval to the city council if it makes any of the findings listed in HMC 16.12.080.
B. The planning commission may recommend the imposition of such reasonable conditions as it deems necessary and in the interest of public health, safety, environment, or community welfare in accord with the purpose and intent of this chapter.
C. Report. The planning officer shall transmit the planning commission’s written report to the city council at its next succeeding regular meeting or within 30 days. (Ord. 08-05 § 1, 2008)
16.12.070 Approval or disapproval by city council.
At the next regular meeting of the city council following the filing of the report of the recommendation of the planning commission, the city council shall fix the date at which the tentative map shall be considered by it, which date shall be within 30 days thereafter, unless such time is extended by mutual consent of the subdivider and the city council shall approve, conditionally approve, or deny, the tentative map within said 30 days, based on the findings listed in HMC 16.12.080. However, if an environmental impact report (EIR) is required under the provisions of the California Environmental Quality Act, the time limits specified in this chapter shall be inapplicable and shall instead comply with the time limits specified in Section 21151.5 of the Public Resources Code. The city council’s action shall be final and shall be subject to the following considerations.
A. Environmental Review. In considering the approval or conditional approval of a tentative map, the city council shall first find that the proposed subdivision, together with the provisions for its design and improvements is consistent with the applicable general or specific plans of the city, and shall then examine the environmental documentation and certify its adequacy and conformity with the provisions of the California Environmental Quality Act.
B. Conditions Imposed. In approving tentative maps, the city council may impose such reasonable conditions as it deems necessary and in the interest of public health, safety, environment, or community welfare in accord with the purpose and intent of this chapter.
C. Disapproval. In the event of disapproval, the subdivider shall be furnished with a statement of the reason and authority for such disapproval. In the event of conditional approval, the subdivider shall be furnished with a statement of conditions and changes necessary for incorporation in the final map.
D. Expiration.
1. Twenty-Four Months. An approved or conditionally approved tentative map shall expire 24 months from the date of its approval or conditional approval if a final map or parcel map is not approved prior to that time.
2. Expenditure on Public Improvements. If a subdivider is required to spend more than the amount specified in Section 66452.6(a)(1) of the Subdivision Map Act to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the approved or conditionally approved tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map shall extend the expiration of the tentative map by 36 months, subject to the provisions of Section 66452.6 of the Subdivision Map Act.
3. Extension. Upon written application of the subdivider filed prior to the expiration of an approved or conditionally approved tentative map, the time at which such map expires may be extended by the city council for a period or periods not exceeding a total additional 12 months.
4. Termination. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map shall be filed for any portion of the real property included within such tentative map without first processing a new tentative map.
5. No Extension Due to Modification. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed.
E. Approval by Inaction. If no action is taken upon a tentative map by the city council within the time limits specified in this chapter and the Subdivision Map Act to approve, conditionally approve, or disapprove the tentative map, the tentative map shall be deemed to be approved insofar as it complies with other applicable requirements of this title, and it shall be the duty of the city clerk to certify or state his or her approval. Once a tentative map is deemed approved under this provision, the subdivider shall be entitled to receive a written certification of approval. (Ord. 08-05 § 1, 2008)
16.12.080 Findings.
A. Inconsistency. The proposed subdivision, together with the provisions for its design and improvements, is inconsistent with applicable general or specific plans of the city.
B. Suitability. The site is not physically suitable for the type or density of development.
C. Environmental Damage. 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.
D. Wastewater. The discharge of waste from the proposed subdivision into a 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 13000 of the Water Code).
E. Water Service. The review of the director of public works or water service agency indicates that there is insufficient water to provide for the residents of the subdivision.
F. Soil or Geological Hazard. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions, and the subdivider has failed to demonstrate to the satisfaction of the planning officer and planning commission that the conditions can be corrected.
G. Public Health. The design of the subdivision or the type of improvement is likely to cause serious public health problems.
H. Easement Conflict. 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. However, the city council may approve an application 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.
I. Conflict with Zoning. The proposed subdivision violates any provision of the zoning code, or any other ordinance or city code, and no variance has been granted.
J. Inadequate Environmental Documentation. The environmental documentation is inadequate or out of conformance with the provisions of the California Environmental Quality Act.
K. Agricultural Suitability. The proposed subdivision would result in the subdivision of agricultural parcels to a size too small to sustain agricultural use under the conditions for denial listed in Section 66474.4 of the Subdivision Map Act. (Ord. 08-05 § 1, 2008)
16.12.090 Appeals process.
The appeals process for the decision of the city council shall be as described in HMC 16.04.120. (Ord. 08-05 § 1, 2008)
16.12.100 Filing process.
The city shall file all documentation required by the California Environmental Quality Act. (Ord. 08-05 § 1, 2008)