Chapter 17.20
TENTATIVE AND VESTING TENTATIVE MAPS
Sections:
17.20.030 Accompanying data and reports.
17.20.040 Geotechnical reports.
17.20.050 Department review and referral.
17.20.060 Planning commission review and determination.
17.20.065 Planning commission action on consolidated applications.
17.20.070 Expiration of tentative map.
17.20.080 Amendments to an approved tentative map.
17.20.090 Vesting tentative maps.
17.20.010 General.
A. A subdivider shall submit a tentative or vesting tentative map to the city for approval of a subdivision. The form, contents, submittal and approval procedures and requirements for tentative and vesting tentative maps are governed by this chapter. The same tentative map requirements and procedures apply both to major subdivision (five or more parcels) and to minor subdivisions (four or fewer parcels) except where stated otherwise.
B. Preannexation. A subdivider may file with the city a tentative map for a proposed subdivision of unincorporated territory adjacent to the city in accord with Government Code Section 66454. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.020 Form and contents.
The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet of paper at least 24 inches by 36 inches. The map shall be drawn to an engineer’s scale, large enough to show all information clearly, but not smaller than 100 feet per inch.
The map shall contain not less than the following:
A. A title including the subdivision number, subdivision name and type of subdivision;
B. Name and address of legal owner, subdivider, and person preparing the map, including registration or license number;
C. Sufficient legal description to define the boundary of the proposed subdivision. Names, locations and widths of streets adjacent to the proposed subdivision shall be indicated;
D. The names and numbers of adjacent subdivisions and the names of owners of adjacent properties;
E. Boundary lines of the city, school district, and other taxing districts when appropriate;
F. Date, north arrow, scale, contour interval, and source and date of existing contours;
G. A vicinity map showing streets, adjoining subdivisions, shopping centers, schools, and other data sufficient to locate the proposed subdivision and show its relation to the community;
H. Existing topography of the proposed site and at least 100 feet beyond its boundary, and proposed changes in topography. The contours of the land shall be shown at intervals of not more than five feet, and of not more than two-foot intervals if the slope of the land is less than 10 percent. Elevations shall be according to U.S. Geological Survey (1929 Sea Level Datum);
I. Type, circumference and dripline of existing trees with a trunk diameter of four inches or more, measured 24 inches above existing grade. Any trees proposed to be removed shall be so indicated;
J. The location and outline of existing structures identified by type. Structures to be removed shall be so marked;
K. Existing drainage channels, culverts, irrigation ditches, wells and springs, and the approximate location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of each watercourse;
L. The location, pavement and right-of-way width, grade and name of existing streets, highways, and driveways;
M. The widths, location, and identity of all existing easements;
N. 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 and underground utility lines and poles shall be indicated;
O. Proposed improvements to be shown include but are not 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 including pavement widths, curbs, sidewalks, grading in marginal strips, and slopes of cuts and fills. 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 proposed use of each lot, 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, and the number of each lot;
6. Areas to be used for public purposes or facilities;
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, approximate elevation, direction of flow and type of facility for sanitary sewers and storm drains shall be indicated;
10. A planting plan for slopes, erosion control, street trees, other landscaping and fencing;
11. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
P. If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown;
Q. The department may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements or if 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 title. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.030 Accompanying data and reports.
At the time of filing, a tentative map shall be accompanied by the following data and reports:
A. A legal description of the property;
B. A statement of present zoning and of existing and proposed uses of the property, and any proposed zoning changes, whether immediate or future;
C. A description of the proposed subdivision, including the number of lots, their average and minimum size, and nature of development;
D. A description of landscaping, fences, bridges, gates or other proposed improvements that may not be fully shown on the map;
E. Preliminary title report, not more than six months old and acceptable to the department, showing the legal owners at the time of filing the tentative map;
F. Geotechnical reports as set forth in PMC 17.20.040;
G. Stormwater control plan as set forth in PMC 13.28.050;
H. A statement of the time when improvements are proposed to be completed;
I. Proposed tract or deed restrictions, if any;
J. For any area containing extremely large lots, some of which are likely to be resubdivided in the future, a sketch showing possible future resubdivision;
K. Information as required by the city planner to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act. This information shall include, but is not limited to:
1. Biological resources study and any specific Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP) survey required in PMC 15.108.030;
L. A certificate of compliance under Government Code Section 65962.5(e) indicating whether the proposed project is located on a hazardous waste and substance site as defined in that section; (Government Code Section 65940.)
M. For a vesting tentative map, the subdivider shall also submit all of the following information, unless a requirement is waived by the community development department:
1. The height, size and location of buildings, including architectural elevations and architectural plans,
2. Information on the uses to which the buildings will be put,
3. Detailed landscape plans,
4. Detailed design and specifications for all public and private improvements,
5. Detailed grading plans,
6. Geological study,
7. Flood management study,
8. Traffic study,
9. Phasing plan;
N. Any other data or reports deemed necessary by the department which would be useful to the staff or the planning commission in reviewing the tentative map. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.040 Geotechnical reports.
A. Preliminary Soil Report. A preliminary soil report prepared by a registered civil engineer, based upon adequate test borings or excavations, shall be filed with each tentative subdivision map. The report shall include the results of the engineer’s investigation as to stability of areas in which slides have occurred within or immediately adjoining the subdivision, or in which there is slide hazard. (Government Code Sections 66490, 66491, Business and Professions Code Sections 6736.1.)
B. Soil Investigation.
1. If the city engineer has knowledge of, or the preliminary soils reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, the city engineer may require a soils and geologic investigation of each lot in the subdivision to be made by a registered civil engineer. The soils and geologic investigation shall address the adequacy of the site to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. (Government Code Section 66491.)
2. The city may approve the subdivision or portion of it where soils or geologic problems exist if the city determines that the recommended actions provide for acceptable procedures and design criteria for corrective measures.
3. A condition of the issuance of a building permit must require that the approved recommended action be completed and certified as having been done in compliance with the report.
C. Final Geologic Reports. When a preliminary soils and geology report is prepared, a final report shall be submitted before the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken under the preliminary report recommendations. The final report shall contain complete and sufficient field data to indicate full compliance with the preliminary report and subsequent progress report recommendations as they were applied to specific areas or improvements.
D. City Engineer’s Report. The city engineer shall file with the planning commission a written report indicating whether or not a soil investigation is required and his approval of the soil investigation. The reports shall be made a part of the file of the subdivision proceedings and shall be available for public inspection. (Government Code Section 66434.5.)
E. Compliance Required.
1. A tentative subdivision map is not considered as filed until the preliminary soil report is filed.
2. The city council may not approve a final or parcel map where a soil investigation is required under subsection (B) of this section, until the soil investigation report is approved by the city engineer.
3. No building permit or occupancy permit may be issued until the recommended soils work is certified as complete by the subdivider’s registered civil engineer. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.050 Department review and referral.
A. A subdivider shall file a complete tentative map application with the city planner. The application shall include a sufficient number of prints of the tentative map as required by the community development department, together with the filing fee established by city council resolution. The director, in consultation with the city engineer, shall within 30 days determine whether the application is complete in accordance with Government Code Section 65493. (Government Code Section 66452.)
B. Within five days after the application is accepted as complete, the city planner shall forward copies of the tentative map to the affected public agencies and utilities which have 15 days to submit their findings and recommendations to the department. Those to whom copies are sent may include the county planning department, the county health officer, the Contra Costa County flood control district, the Pittsburg Unified School District, the fire department, the Pittsburg postmaster, the utility companies serving the area, the State Department of Transportation, any other affected agency, and the owners of adjoining undeveloped land. (Government Code Sections 66453, 66455, 66455.5, 66455.7.)
C. 1. The city planner shall, within 15 calendar days after the tentative map application is accepted as complete, schedule and convene a subdivision conference on the tentative map. Written notice of the subdivision conference shall be given to the subdivider, and to each interested agency and utility. At the conference, the city planner shall consider and correlate the recommendations of the city engineer and each affected agency and utility. Following the conference, the city planner shall compile and submit a written report of the recommendations upon which there is agreement and upon which there is disagreement to the planning commission.
2. If no conference is held, the city planner shall nevertheless prepare a written report of its recommendations for the planning commission. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.060 Planning commission review and determination.
A. Notice of Public Hearings. The department shall set a date for a public hearing before the planning commission, provide notice as required by PMC 17.16.060, and prepare a report with recommendations. The department may also send notice to affected agencies under PMC 17.20.050. The department shall send a copy of the report to the subdivider at least 10 days before the public hearing.
B. Planning Commission Action. Unless being considered as part of a consolidated application with other approvals that are subject to the final approval of the city council, the planning commission shall approve, conditionally approve, or deny the tentative map, and the department shall report its decision to the subdivider within 50 days after the tentative map was accepted for filing. If an environmental impact report is prepared, the decision shall be made within 45 days after certification of the environmental impact report. (Government Code Sections 66452.1, 66452.3, 65952.1.)
If no action is taken within these time limits or an extension mutually approved under PMC 17.16.090, the tentative map is deemed approved insofar as it complies with the general plan, an applicable specific plan, this title, including city approved policies, standards and requirements, the city zoning ordinance, and the Subdivision Map Act. (Government Code Section 66452.4.)
C. Approval. The planning commission may approve or conditionally approve a tentative map, or recommend such actions to the city council, if it finds that: (Government Code Sections 66473.5, 66474, 66474.5.)
1. The proposed map is consistent with the general plan and any applicable specific plan, or other applicable provisions of this code;
2. The site is physically suitable for the type of development;
3. The site is physically suitable for the proposed density of development;
4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (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 that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report);
5. The design of the subdivision or the type of improvements will not cause serious public health problems; and
6. a. The design of the subdivision or the type of improvements will not 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 alternative 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.)
b. The planning commission may modify or delete a condition of approval recommended in the department’s report, except a condition required by this code or the city engineer related to public health and safety or by the city approved policies and standards. The planning commission may add additional requirements as a condition of its approval.
c. The planning commission may require that the subdivider defend, indemnify, and hold harmless the city, its agents, officers, and employees from any claim, action, or proceedings against the city to attack the approval of a subdivision under Government Code Section 66474.9.
D. Denial. The planning commission may deny approval of the tentative map, or recommend such action by the city council, 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:
1. The proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. The site is not physically suitable for the type of development;
3. The site is not physically suitable for the proposed density of development;
4. 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;
5. The design of the subdivision or the type of improvements is likely to cause serious public health problems;
6. 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; or
7. 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 and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Government Code Sections 66473, 66474, 66474.01, 66474.4, 66474.6.)
E. Standards in Effect. In determining whether to approve or disapprove a tentative map application, the city shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete. The city may apply ordinances, policies, and standards adopted later if:
1. The subdivider applicant requests changes in connection with the same development project and they are approved; or
2. The city, before it has determined an application for a tentative map to be complete, has done both of the following:
a. Initiated proceedings by way of ordinance, resolution, or motion.
b. Published notice in the manner prescribed in subdivision (a) of Government Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plan, or zoning or subdivisions ordinances. (Government Code Section 66474.2.)
F. Appeal. An interested person may appeal a decision of the planning commission under PMC 17.16.070. [Ord. 15-1396 § 7, 2015; Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.065 Planning commission action on consolidated applications.
A. If applications for a tentative map and one or more other discretionary approvals are consolidated, and the approvals other than the tentative map require the final approval of the city council, the planning commission shall recommend approval, conditional approval, or denial of the tentative map as submitted or in modified form.
B. If the planning commission recommends approval, conditional approval, or denial of a tentative map, the city council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within 30 days thereafter. After a public hearing, the city council shall approve, conditionally approve, or disapprove the tentative map within that 30-day period and make findings not inconsistent with this chapter. If an environmental impact report is prepared, the decision shall be made within 45 days after certification of the environmental impact report. (Government Code Sections 66452.1, 66452.3, 65952.1.) The city council has the same authority to impose, modify, or delete conditions as the planning commission under this chapter. [Ord. 15-1396 § 8, 2015.]
17.20.070 Expiration of tentative map.
A. Expiration. The approval or conditional approval of a tentative map expires 36 months after its approval. The expiration of the map terminates all proceedings and no final or parcel map may be filed without first processing a new tentative map. (Government Code Sections 66452.6(a) and (d), 66463.5.)
B. Statutory Extensions.
1. One Hundred Seventy-Eight Thousand Dollars or More of Public Improvements. If the subdivider is subject to a requirement of $178,000 or more to construct public improvements outside the tentative map boundaries, each filing of a phased final map extends the expiration of the tentative map by 36 months, not to exceed a total of 10 years. (Government Code Section 66452.6(a).)
2. Development Moratorium. The 24-month period of time specified in subsection (A) of this section shall not include any period of time during which a development moratorium is in existence, up to five years. (Government Code Section 66452.6(b)(f).)
C. Discretionary Extensions.
1. General. Upon application of the subdivider filed before the tentative map expires, the planning commission may approve an extension of the tentative map for a period or periods not to exceed a total of five years. (Government Code Section 66452.6(c).)
2. Pending Litigation. If a lawsuit involving the approval of the tentative map is pending, the city council may, upon request, stay the approval period of the map for up to five years. (Government Code Section 66452.6(c).) [Ord. 09-1315 § 3 (Exh. A), 2009; amended during 2007 recodification; Ord. 1059 § 4, 1993; Ord. 962 § 2 (Exh. A), 1989.]
17.20.080 Amendments to an approved tentative map.
A. Minor Amendments. Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the department upon application by the subdivider or on the department’s own initiative; provided, that:
1. The changes are consistent with the intent and spirit of the original tentative map approval;
2. No feature, facility, or amenity is deleted which affects the project’s quality, safety, or function;
3. Changes in phasing plans do not reduce natural areas, create new visible retaining or drainage structures, or change pad elevations by three feet or more;
4. Changes in grading plans do not reduce natural areas, create new visible retaining or drainage structures, or change pad elevations by three feet or more;
5. Changes in the design do not eliminate more than 10 percent or add more units or lots; and
6. There are no resulting violations of this code.
The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the city engineer.
B. Other Amendments. Amendments to the tentative map or conditions of approval that, in the opinion of the department, are not minor shall be presented to the planning commission for its approval at a notice public hearing. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. An approved amendment shall not automatically alter the expiration date of the tentative map. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.20.090 Vesting tentative maps.
A. General. Whenever a tentative map is required, a vesting tentative map may be filed instead. The words “vesting tentative map” must be printed conspicuously on the face of the map. (Government Code Sections 66452, 66498 through 66498.9.)
B. Procedures and Requirements. Except as otherwise provided in this section, the procedures and requirements for a tentative map and subdivisions generally apply to a vesting tentative map. The subdivider shall submit additional information at the time of filing the tentative map as set forth in PMC 17.20.030(M).
C. Development Rights.
1. Development Rights Created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city’s ordinances, policies, and standards in effect at the date the city determines the application is complete. If, before the application is complete, the city had formally initiated proceedings to amend an ordinance, policy, or standard, the city may apply the ordinance, policy or standard in its amended form if the amendment is in effect on the date the city approved the tentative map. (Government Code Section 66498.1(a).)
2. Duration of Development Rights. The right to proceed with development as set forth in subsection (C)(1) of this section continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded. (Government Code Section 66452.6(g).)
3. Expiration of Development Rights.
a. The right to proceed with development as set forth in subsection (C)(1) of this section expires if a final map is not approved before the vesting tentative map expires under PMC 17.20.070. (Government Code Section 66452.6(g).)
b. If the subdivider submits a complete application for a building permit during the one-year period specified in subsection (C)(2) of this section, the right to proceed with development continues until the building permit expires. (Government Code Section 66452.6(h).)
c. If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.
4. Extension of Time for Exercise of Development Rights.
a. If the city does not process an application for a grading permit or for design or architectural review within 30 days of the date the application is complete, the one-year period specified in (C)(2) of this section is automatically extended by the time exceeding the 30-day period used by the city to complete processing. (Government Code Section 66452.6(g).)
b. Before the expiration of the one year specified in subsection (C)(2) of this section, a subdivider may apply to the planning commission for a one-year extension. (Government Code Section 66452.6(g).)
D. City’s Right to Condition or Deny Approval.
1. This chapter does not:
a. Enlarge or diminish the types of conditions which the city may impose on a development; or
b. Diminish or alter the city’s power to protect against a condition dangerous to the public health or safety. (Government Code Section 66498.6.)
2. The city may condition or deny a permit, approval, extension, or entitlement relating to a vesting tentative map if it determines that either:
a. The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety; or
b. The condition of denial is required to comply with state or federal law. (Government Code Section 66498.1(c).) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]