Chapter 17.16
TENTATIVE MAP – FIVE OR MORE LOTS
Sections:
17.16.040 Information and technical reports required.
17.16.050 Notice of public hearings.
17.16.060 Planning Commission action.
17.16.070 City Council action.
17.16.075 Tentative map denial.
17.16.080 State statutes incorporated.
17.16.010 Filing.
A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to stock cooperative containing five or more dwelling units except where any exceptions provided in Cal. Gov’t Code § 66426 exist.
A completed application form and 12 copies of a tentative map and statement of the proposed subdivision of any land into five or more lots shall be filed with the Planning Department together with a filing fee as set by resolution of the City Council and deposit as applicable. (Ord. CCO-11-05 § 50, 2011; Ord. CCO-06-07, 2006; Ord. 178 § 3.21, 1959)
17.16.020 Approval.
The Planning Department shall transmit copies of such tentative map to the City Engineer and other departments as advisable. Upon receipt of a copy of the tentative map each department to whom or to which the same has been transmitted shall examine the map for review and comment. (Ord. CCO-06-07, 2006; Ord. 178 § 3.22, 1959)
17.16.030 Map requirements.
The tentative map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain not less than the following:
(A) A title which shall contain the subdivision name and type of subdivision.
(B) Name and address of legal owner, subdivider and person preparing or directing the preparation of the map, including registration or license number.
(C) Sufficient legal description to define the boundary of the proposed subdivision.
(D) The names and numbers of adjacent subdivisions and names of owners of adjacent unplatted land.
(E) Date, north arrow, scale, contour interval and source and date of existing contours.
(F) A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future.
(G) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community.
(H) Existing topography of the proposed site, including but not limited to:
(1) Existing contours at two-foot intervals if the existing ground slope is less than 10 percent and at not less than five-foot intervals for existing ground slopes equal or greater than 10 percent. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.
(2) Type, circumference and dripline of existing trees with a trunk diameter of six inches or more. Any trees proposed to be removed shall be so indicated.
(3) The location and outline of existing structures identified by type. Structures to be removed shall be so marked.
(4) The approximate location of all areas of potential stormwater overflow; the location, width and direction of flow of each watercourse.
(5) The widths, location and identity of all existing easements.
(6) The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.
(I) Proposed improvements to be shown shall include but not be limited to:
(1) 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 clearly indicated.
(2) The location and radius of all curb returns and cul-de-sacs.
(3) The location, width, and purpose of all easements.
(4) The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.
(5) The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading 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, the number of each lot, and the elevation of adjacent parcels.
(6) Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than 10 percent and not at less than five-foot intervals for existing ground slopes of 10 percent or more. A separate grading plan may be submitted.
(7) Proposed recreation sites, trails and parks for private or public use.
(8) Proposed common areas and areas to be dedicated to public open space.
(9) The location and size of sanitary sewers, fire hydrants, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. The proposed routing of stormwater runoff generated by a 100-year flood shall also be indicated.
(J) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.
(K) The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.
(L) If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown.
(M) The subdivider shall specify any deviation from City standards and the justification for such deviation.
(N) Upon the written request of the subdivider, the Department may waive any of the above tentative map requirements if the City Engineer determines that the type of subdivision does not justify compliance with these requirements, or if the Department determines that other circumstances justify a waiver. The Department may require other drawings, data, or information as deemed necessary by the Department to accomplish the purposes of the Subdivision Map Act and this chapter. (Ord. CCO-06-07, 2006; Ord. 178 § 3.23, 1959)
17.16.040 Information and technical reports required.
The tentative map shall be accompanied by the following information and reports:
(A) Street Names. A list of proposed street names for any unnamed street or alley for review by the City Engineer.
(B) Soils Report. A preliminary soils report prepared by a registered engineer. If the preliminary soils report indicates the presence of soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.
(C) Title Report. A preliminary title report, less than 12 months old, showing the legal owners at the time of filing the tentative map.
(D) Environmental Review. Information shall be submitted as required by the Planning Department to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act (CEQA). The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents.
(E) Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations.
(F) Phasing. If the subdivider plans to file multiple final maps on the tentative map, he shall submit a written notice to this effect to the City Planner.
(G) Other Reports. Any other data or reports deemed necessary by the Department. (Ord. CCO-06-07, 2006; Ord. 178 § 3.24, 1959)
17.16.050 Notice of public hearings.
At the time the Planning Department receives a complete tentative map application, the Planning Department shall prepare a report with recommendations to the Planning Commission. The Department shall set the matter for public hearing before the Planning Commission. Public hearings are posted and held pursuant to Cal. Gov’t Code §§ 65090 and 65091.
A copy of the Department report shall be forwarded to the subdivider at least three days prior to the public hearing. A proposed conversion of residential real property to a condominium, community apartment or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act.
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 notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by mail or personal delivery to any person who has filed a written request with the City. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
The Department may give such other notice that it deems necessary or advisable.
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 this chapter. (Ord. CCO-06-07, 2006; Ord. 178 § 3.25, 1959)
17.16.060 Planning Commission action.
The Planning Commission shall make its recommendation to the City Council or shall approve, conditionally approve or deny the tentative map, and the Department shall report the decision of the Planning Commission to the City Council and the subdivider within 50 days after the tentative map application has been determined to be complete. If the approving body is the City Council, the City Council shall approve, conditionally approve, or disapprove the tentative map within 30 days after it receives the recommendation of the Planning Commission. (Ord. CCO-06-07, 2006; Ord. 381 § 1, 1980; Ord. 178 § 3.26.01, 1959)
17.16.070 City Council action.
The tentative map may be approved or conditionally approved by the City Council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, and all applicable provisions of this chapter. The approving body may modify or delete any of the conditions of approval recommended by the Planning Commission. The approving body may add additional requirements as a condition of its approval.
If no action is taken by the approving body within the time limits specified in this chapter, the tentative map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this code, and the General Plan. (Ord. CCO-06-07, 2006; Ord. 381 § 2, 1980; Ord. 178 § 3.26.02, 1959)
17.16.075 Tentative map denial.
The tentative map may be denied by the Planning Commission on any of the grounds provided by the Subdivision Map Act or this code. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:
(A) That the proposed map is inconsistent with the General Plan or any applicable specific plan, or other applicable provisions of this code;
(B) That the site is not physically suitable for the type of development;
(C) That the site is not physically suitable for the proposed density of development;
(D) That the design of the subdivision or the proposed improvement(s) are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat, or cause substantial immediate or eventual damage to vegetation significant to the area. Notwithstanding the foregoing, the Planning Commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Cal. Pub. Res. Code § 21081(c) (the California Environmental Quality Act) that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
(E) That the design of the subdivision or the type of improvements are 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 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; or
(G) Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Cal. Gov’t Code § 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Ord. CCO-06-07, 2006)
17.16.080 State statutes incorporated.
The provisions of Cal. Gov’t Code §§ 66452.6 (regarding expiration of approval) and 66455.7 (regarding school district review) as the same now exist or may hereafter be amended are incorporated by reference in this chapter. (Ord. 381 § 3, 1980; Ord. 178 § 3.26.03, 1959)