Chapter 9.4 Tentative Maps
9.4.10 Purpose of this Chapter
The purpose of this Chapter is to establish the procedures for the preparation, review and approval of Tentative Maps.
9.4.20 General Requirements
The preparation, processing, review and approval of Tentative Maps follow the provisions of this Chapter.
9.4.30 Preparation, Processing, Review, and Approval of Tentative Maps
The preparation, processing, review, and approval of Tentative Maps must conform to the requirements of this section, unless expressly provided otherwise in this Article or the Subdivision Map Act.
A. General. The form, contents, submittal and approval of a Tentative Map shall be governed by the provisions of this Chapter. Any application for a Tentative Map shall be subject to the provisions of Article 7 in addition to those of this Article.
B. Form and Contents. The Tentative Map shall be prepared in a manner acceptable to the Community Development Department and shall be prepared by a Registered Civil Engineer or licensed land surveyor. The Community Development Department may require additional information or the Planning Commission may waive any of these requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that additional requirements or a waiver is justified.
The Tentative Map shall be clearly and legibly drawn on a single twenty-four inch by thirty-six inch (24" x 36") sheet and contain the following:
1. A title showing the subdivision number, subdivision name and type of subdivision.
2. The name and address of legal owner, subdivider and person preparing the map, including registration or license number. Applications by other than the legal owner shall be accompanied by a notarized document signed by the owner stating that the applicant is authorized to act on the owner’s behalf.
3. A legal description sufficient to define the boundary of the proposed subdivision.
4. Date, north arrow, scale, contour interval, and source and date of existing contours.
5. The existing and proposed land uses, General Plan designation, and Zoning designation.
6. A vicinity map showing streets, highways, adjacent jurisdictions, adjoining subdivisions, and other data sufficient to locate the proposed subdivision and show its relation to the community.
7. The existing topography and existing and proposed development features of the proposed site and areas to at least one hundred (100) feet beyond proposed subdivision boundary, including but not limited to:
a. Existing contours at two (2) foot intervals in areas proposed for disturbance by grading and at not less than five (5) foot intervals for previously disturbed areas or areas remaining in their natural, undisturbed state. Contour intervals shall not be more than one hundred and fifty (150) feet apart. Existing contours shall be represented by dashed lines or by screened lines;
b. Type, circumference and dripline of existing trees as defined in Article 7. Any trees proposed to be removed must be indicated;
c. The approximate location and outline of existing structures identified by type. Structures that are to be removed shall be so marked;
d. The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse;
e. The location, pavement and right-of-way width, grade and name of existing streets and the widths, location and identity of all existing easements;
f. The location and size of existing public or private sanitary waste system (including septic systems), water mains and storm drains and the location of fire hydrants. The approximate slope of existing sanitary waste system and the location of storm drains, existing overhead utility lines on peripheral streets, fire hydrants, and street lights (if provided) shall be indicated;
g. The approximate location of the 60, 65 and 70 CNEL (Community Noise Equivalent Level) contours, if any;
h. Information and analyses showing that the resultant parcels can be developed without recourse to Standards Modifications or Variances as specified in Article 7.
8. The proposed improvements, including, but not be limited to, the following:
a. The location, grade, centerline radius and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be indicated;
b. The location, width and purpose of all easements;
c. The angle of intersecting streets if such angle deviates from a right angle by more than four (4) degrees;
d. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grade of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot;
e. The proposed contours at two (2) foot intervals in areas proposed for disturbance and not at less than five (5) foot intervals for previously disturbed areas and areas remaining in their natural, undisturbed state. A separate grading plan may be submitted;
f. Any proposed trails for private or public use and public access areas;
g. Any proposed common areas and areas that are proposed to be dedicated as public open space;
h. The location and size of sanitary waste systems (including septic systems and percolation fields), water mains and storm drains and the location of fire hydrants. The proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.
i. The name or names of any geologist or soils engineer or hydrologist whose services were required in the preparation of the design of the Tentative Map.
j. Information and analyses showing that the resultant parcels can be developed without recourse to Standards Modifications or Variances as specified in Article 7.
9. Markings to show existing and proposed parcels. Lots shall also be surveyed and staked to show the existing and proposed parcels.
C. Waiver. The Planning Commission may waive any of the Tentative Map requirements if the location and nature of the proposed subdivision or existing documentation demonstrate that a waiver is justified. The Community Development Department may require other drawings, data or information as deemed necessary.
D. Accompanying Data and Reports. The Tentative Map shall be accompanied by the following data or reports:
1. A list of potential street names for any unnamed street.
2. A preliminary soils report that indicates the presence of expansive soils or other soil conditions which, if not corrected, could lead to structural defects. The soils report accompanying the Final Map shall contain an investigation of each lot within the subdivision. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory. The preliminary soils report may be waived if the City Engineer determines that, due to knowledge of the soils and geology of the subdivision, no preliminary analysis is necessary.
3. A preliminary title report, showing the legal owners at the time of filing the Tentative Map.
4. If the subdivision lies within a geologic hazard area, as shown on maps on file in the Community Development Department or elsewhere, a preliminary engineering geology and/or seismic safety report shall be prepared. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, could lead to structural defects, an engineering geology and/or seismic safety report shall accompany the Final Map and shall contain an investigation of each lot within the subdivision. For parcels within a geologic hazard area as defined by the Alquist-Priolo Act, prior to approval of any subdivision, the subdivider shall demonstrate compliance with the Act. For any parcel where a fault line is known to exist, no subdivision shall be approved unless the map to be recorded includes a notation identifying the location of the fault and the location of any area around the fault where building is restricted Further, if local information indicates need for additional geologic or geotechnical investigations, such may be required.
5. The subdivider shall provide additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.
6. If applicable, the subdivider shall submit any information required under Chapter 9.5.
7. Information sufficient to refute the findings in subsection K.
8. Any other data or reports deemed necessary by the Community Development Director.
E. Submittal to Community Development Department. The Tentative Map shall be considered for filing only when all required data and reports have been submitted and accepted by the Community Development Department. The applicant shall file with the Community Development Department the number of Tentative Maps the Director may deem necessary.
F. Determination of Complete Application. The Community Development Department shall determine whether the application is complete within thirty (30) days after receipt of the application and shall notify the applicant of its determination in writing. The application shall be determined as complete on the date a written "Certificate of Application Status", showing a complete application, is prepared by the Community Development Department and mailed to the applicant.
G. Community Development Department and Public Agency Review. The Community Development Department shall forward copies of the Tentative Map to any affected public agencies to obtain their findings and recommendations. The following requirements must be met:
1. Public agencies and utilities shall state that the subdivision can be adequately served.
2. Within five (5) days after the Tentative Map application is determined to be complete, the Community Development Department shall send a notice of the filing of the Tentative Map to any requesting local agency or the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall contain information about the location of the proposed subdivision, the number of units, density, and any other information that would be relevant to the affected agency or school district. The agency or school district may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the agency or affected school district and shall make recommendations as the agency or district deems appropriate. In the event the agency or school district fails to respond within a fifteen (15) day period from receipt of notice of the Tentative Map, the failure shall be deemed approval of the proposed subdivision by the agency or school district. The Planning Commission shall consider the report from the agency or school district in approving, conditionally approving or denying the Tentative Map.
3. Upon completion of review and preparation of any proposed conditions of approval by the Community Development Department and prior to the date the Tentative Map is scheduled for Planning Commission action, the Community Development Department may hold a subdivision conference on its own initiative. A subdivision conference shall be held if requested by the subdivider. Advance written notice of the subdivision conference shall be given to the subdivider or agent. The results of the subdivision conference and other relevant information and recommendations shall be reported to the Planning Commission and provided to the subdivider at least three days prior to any hearing or action on the map by the Planning Commission.
4. Any requests for exceptions to the various conditions to be considered by the Planning Commission shall be filed, in writing, with the Community Development Director not later than the first working day following the subdivision conference.
H. Notice of Hearing. Upon the determination of a complete application, completion of any subdivision conference and receipt of the Community Development Department’s report and recommendations, the matter shall be set for public hearing pursuant to the following requirements:
1. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.
2. The notice shall be posted at least ten (10) days prior to the hearing in at least the three (3) public places in the City, specified by City Council resolution as the locations for posting of notices.
3. In addition to notice by posting, the Community Development Department shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within five hundred (500) feet of the subject of the proposed application.
4. In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
5. In addition, notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The City may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.
6. Substantial compliance with these provisions for notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the article.
7. At least three (3) days prior to the public hearing, a copy of the Community Development Department report to the Planning Commission shall be delivered to the subdivider.
I. Planning Commission Action. The following requirements govern the deliberation of a Tentative Map:
1. The Planning Commission shall approve, conditionally approve or deny the Tentative Map and shall report its decision to the City Council and the subdivider within fifty (50) days after certification of any required environmental impact report, adoption of a negative declaration or a determination by the City that the project is exempt from the requirements of the California Environmental Quality Act. If applicable, the Planning Commission shall also approve, conditionally approve or deny any other permits or approvals in accordance with Article 7 requested concurrently.
2. The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the subdivider of the determination that the application is complete. If the City has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the subdivider’s project prior to a complete application, the amended ordinances, policies, and standards in effect on the date of Tentative Map approval shall apply. If the subdivider requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply.
3. If no action is taken by the Planning Commission within the time limit specified, the Tentative Map application shall be deemed to be approved by the Planning Commission if it complies with other applicable provisions of the Subdivision Map Act, this Chapter, other City ordinances and the General Plan, and it shall be the duty of the City Clerk to certify the approval. The appeal period shall begin on the date of such certification.
J. Planning Commission Approval. The Planning Commission may approve or conditionally approve the Tentative Map if it finds that:
1. The proposed subdivision, together with the provisions for its design and improvement, are consistent with the General Plan and any applicable specific plans adopted by the City of La Habra Heights and all applicable provisions of this Municipal Code and if the Tentative Map provides, to the extent feasible, for future passive or natural heating or cooling opportunities;
2. The subdivision design, plan and site conform to Article 7 including provisions therein regarding minimum lot size, lot dimension and lot design; and
3. The parcels created can be developed without a Variance or Standards Modification as specified in Article 7.
The Planning Commission may add to, modify or delete any of the conditions of approval recommended in the Community Development Department’s report, except conditions required by City ordinance or by the City Engineer, related to public health and safety or to standards approved by the City Engineer.
Whether or not such a condition is explicitly listed as a condition of approval, every approved Tentative Map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City Council, Planning Commission, or City Staff concerning a subdivision.
K. Planning Commission Findings for Denial. The Tentative Map may be denied by the Planning Commission on any of the grounds provided by this code or the Subdivision Map Act. The Planning Commission shall deny approval of the Tentative Map if it makes any of the following findings:
1. That the proposed map is not consistent with the La Habra Heights General Plan, any applicable Specific Plan, or any applicable provision of this Code;
2. That the design or improvement of the proposed subdivision is not consistent with the La Habra Heights General Plan, any applicable Specific Plan or any applicable provision of this Code, including but not limited to the provisions of Chapter 7.14;
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. There is an insufficient water supply available pursuant to the requirements of Government Code Section 66473.7;
6. That the land is subject to a contract under the Williamson Act, and the resulting parcels following subdivision would be too small to sustain their agricultural use, except if one of the findings provided in Government Code Section 66474.4(c) can be made;
7. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Planning Commission may approve such a Tentative Map if an environmental impact report was prepared with respect to the project and a finding is made pursuant to Public Resources Code Section 21081(a) that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives identified in the environmental impact report;
8. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
9. 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 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 the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
L. Call for Review by City Council. A member of the City Council may Call for Review of the Planning Commission decision concerning the Tentative Map application pursuant to the procedure set forth in Article 8.
M. Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the Tentative Map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council, for a time period not to exceed an additional twelve (12) months or as otherwise provided in the Government Code Section 66452.6.
N. Appeals of Planning Commission Action. Any action by the Planning Commission with respect to the tentative map may be appealed to the City Council, by the subdivider, any tenant of the subject property or any other interested person. The appeal must be filed with the City Clerk within the (10) days after the action. City Council shall consider the appeal within thirty (30) days unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to 9.4.30.H. In addition, notice shall be given to the subdivider, the appellant and the Planning Commission as appropriate. Upon conclusion of the public hearing, the Council shall, within seven (7) days, render its decision. The City Council’s review on appeal shall not be limited to the issues stated in the appeal. The City Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are consistent with the provisions of this Chapter or the Subdivision Map Act.
O. Other Permits or Approvals. No tree removal, grading, or other activity requiring a permit or approval under this Code may be conducted without applying for and obtaining such approval.
9.4.40 Expirations and Extensions
This section governs the procedures and requirements governing the expiration or extension of a Tentative Map.
A. Expiration. The approval or conditional approval of a Tentative Map shall expire twenty-four (24) months after the date of approval. However, the expiration date shall be extended in accordance with the Subdivision Map Act and if the subdivider is required to provide off-site improvements in the amounts as specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in Section 9.4.30.M.
1. The period of time specified shall not include any period of time during which a development moratorium is in effect pursuant to the Subdivision Map Act.
2. The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a Tentative Map only if a stay of the time period is approved by the City Council. The subdivider may request a stay in the time period of the Tentative Map. Such a request shall be made in writing to the Community Development Director within ten (10) days of the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Community Development Director, request a stay in the time period of the Tentative Map. Within forty (40) days after receiving the request, the City Council shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be via hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the City Council shall, within ten (10) days, declare its findings.
3. Expiration of an approved or conditionally approved Tentative or Vesting Tentative Map shall terminate all proceedings and no Final or Parcel Map of all or any portion of the real property included within the Tentative Map shall be filed without first processing a new Tentative Map. If the signed Final Map and Subdivision Agreement between the applicant and the City have been delivered to the Community Development Director prior to the expiration of the Tentative Map, processing, approval and recording may occur after the expiration date of the Tentative Map.
B. Request by Subdivider for an Extension. The subdivider may request an extension of the expiration date of the approved or conditionally approved Tentative Map by written application to the Community Development Department prior to expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.
C. Community Development Director or Planning Commission Action. The Community Development Director shall review and act upon the request for extension or submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval or denial at the next scheduled Planning Commission meeting. A copy of the Community Development Director’s report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the Tentative Map.
D. Time Limit of Extension. The expiration date may be extended pursuant to this section for a period or periods totaling no more than an additional twelve (12) months for a total of three (3) years.
E. Conditions of Approval. As a condition of the extension of a Tentative Map, the Community Development Director or Planning Commission may impose new conditions or revise existing conditions on the approved Tentative Map as recommended by the Community Development Department in its report or as it may find necessary.
F. Appeal. If the subdivider’s application for an extension is denied, the subdivider may appeal to the Planning Commission or City Council as appropriate within fifteen (15) days after the Planning Commission has denied the extension.
G. Fee. The fee for processing an extension application shall be the actual cost to the City to administer the provisions of the Subdivision Map Act. A deposit that is to be applied towards this fee shall be required.
9.4.50 Minor Changes to Approved Tentative Maps
Minor changes to the Tentative Map may be approved by the Community Development Director and the City Engineer upon application by the subdivider or on its own initiative, provided:
A. No lots, units or building sites are added.
B. Such changes are consistent with the intent and spirit of the original Tentative Map approval.
C. There are no resulting violations of the La Habra Heights Municipal Code.
D. The amendment shall be indicated on the approved map and signed by the Community Development Director and the City Engineer.
E. Amendments of the Tentative Map that the Community Development Director determines are not minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with Section 9.4.30. Any approved amendment shall not alter the expiration date of the Tentative Map.