Chapter 14.11.020
Tentative Subdivision Maps
Sections:
14.11.020.010 Tentative Subdivision Map Application Process and Review Procedures.
14.11.020.020 Tentative Subdivision Map Application Form and Contents.
14.11.020.030 Time Limit for City Review on Tentative Subdivision Maps.
14.11.020.040 Action by the Decision Maker.
14.11.020.050 Findings Required for Action.
14.11.020.060 Expiration and Time Extensions.
14.11.020.070 Modifications to Approved Tentative Subdivision Maps.
14.11.020.010 Tentative Subdivision Map Application Process and Review Procedures.
A. The application and review procedures provided in Chapter 14.09.030 of this code apply to the tentative subdivision map process. This includes, but is not limited to, information on fees, public notices and hearings, and appeals.
B. An application for a tentative subdivision map may be processed concurrently with other related development applications. In some instances, the Director of Community Development may require the concurrent submittal of related development applications. The Director of Community Development shall forward copies of the tentative subdivision map and pertinent information to affected public agencies, including the local school districts, and utility companies for comments and recommendations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.020 Tentative Subdivision Map Application Form and Content.
A. Application Submittal Requirements. The applicant and/or subdivider shall submit a completed application form, and materials listed on the tentative map application checklist on file with the Community Development Department. The Director of Community Development may waive the submittal of any maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the tentative map and that no additional analysis is necessary.
B. Supplemental Submittal Requirements. Supplemental information, data and reports may also be required and shall be submitted with, but not on, the tentative map, as specified by the Director of Community Development. The Director of Community Development may waive the submittal of supplemental maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the tentative map and that no additional analysis is necessary.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.030 Time Limit for City Review on Tentative Subdivision Maps.
A. Determination of a Complete Application. The tentative map shall be considered complete when the map conforms to Sections 14.11.020.020 and 14.11.020.030 and when all accompanying data or reports have been submitted and accepted by the Director of Community Development, in compliance with state law, and consistent with Sections 14.11.020.020 and 14.11.020.030. If the application is not deemed complete, the Director of Community Development shall notify the applicant of its determination (including a list of items needed for a complete application) in writing.
B. California Environmental Quality Act (CEQA) Compliance. The decision maker shall review the proposed tentative map within the time limits specified by applicable provisions of CEQA, Section 21151.5, and the Subdivision Map Act (SMA), Sections 66452.1 and 66452.2.
C. The time limits specified in this section for acting on tentative maps may be extended by mutual consent of the subdivider (in writing or in the record at a public hearing) and City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.040 Action by the Decision Maker.
The Planning Commission may approve, approve with modifications or deny a tentative map application in accordance with the provisions of Chapter 14.09.030 of this code.
A. The Planning Commission may modify or delete any of the conditions of approval recommended by the Director of Community Development except those conditions required by City ordinance or standard specifications as approved by the City Council. The Planning Commission may add additional requirements as a condition of its approval.
B. The review of tentative maps, when filed in conjunction with a rezoning application that will increase the density of residential property, shall be processed in accordance with the provisions of Section 14.11.010.050.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.050 Findings Required for Action.
A. Findings for Approval. When approving a tentative map, the Planning Commission shall adopt specific findings of fact. Findings shall be based on meeting the following criteria, and shall include, but not be limited to, the following:
1. That the design of the proposed tentative subdivision map, and dedications and improvements associated with the proposed subdivision are consistent with the goals, objectives and policies of the General Plan and the Land Use and Development Code;
2. That the proposed site is consistent with the intended use(s) permitted and density of the underlying zoning district, and no potential, imminent health or safety impacts would result from the project;
3. That the design of the subdivision or the proposed improvements are consistent with the applicable provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21081;
4. That the design of the subdivision or the type of improvements will not be detrimental to the public health, safety, or welfare;
5. That the design or the type of improvements of the proposed subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the boundary of the proposed subdivision;
6. That public facilities, including water, sewer, parks, schools, and other facilities, are available to serve the proposed subdivision or will be made available as a condition of approval to serve the proposed subdivision, without adversely affecting the existing public facilities serving the surrounding neighborhoods; and
7. That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan.
B. Findings for Denial. When denying a tentative map, the Planning Commission shall adopt specific findings of fact. These findings shall be based on the following criteria, and shall include, but are not limited to, the following:
1. That the design of the proposed tentative subdivision map, and dedications and improvements associated with the proposed subdivision are not consistent with the goals, objectives, and policies of the General Plan and the Land Use and Development Code;
2. That the proposed site is not consistent with the intended use(s) permitted and density of the underlying zoning district, and potential, imminent health or safety impacts would result from the project;
3. That the design of the subdivision or the proposed improvements are not consistent with the applicable provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21081;
4. That the design of the subdivision or the type of improvements will be detrimental to the public health, safety, or welfare;
5. That the design or the type of improvements of the proposed subdivision will conflict with easements, acquired by the public at large, for access through or use of property within the boundary of the proposed subdivision;
6. That dedications and improvements associated with the proposed subdivision are not consistent with the General Plan and the Land Use and Development Code;
7. That adequate public facilities, including water, sewer, parks, schools, and other facilities, are not or cannot be made available to serve the proposed subdivision without adversely affecting the existing public facilities serving the surrounding neighborhoods; and
8. That projected traffic levels and levels of service are not consistent or will not be consistent with the policies of the Transportation Element of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.060 Expiration and Time Extensions.
The approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the decision maker unless the map is recorded or a request for extension is filed. The expiration date may be extended in accordance with the provisions of this division, or if a time extension application is filed in accordance with the provisions of Chapter 14.09.030 of this code.
A. If all required certificates or statements on the final map have been signed and, where necessary acknowledged, completed agreements and documents, and all conditions of approval are complied with to the satisfaction of the City Engineer and Director of Community Development, and have been received by the City prior to expiration of the approved tentative map, processing of the final map may occur in accordance with Chapter 14.11.040 of this code.
B. The subdivider may request an extension of the expiration date of an approved tentative map by filing a time extension application with the Community Development Department, in compliance with Chapter 14.09.030 of this code within 30 calendar days of the expiration date of the map. The map shall automatically be extended for 60 calendar days or until the application for the extension is approved or denied, whichever occurs first.
1. The Director of Community Development shall take action on the time extension, in accordance with the provisions of Chapter 14.09.030 of this code.
2. If the Director of Community Development denies the request for an extension, the subdivider may appeal the action within 15 calendar days after the extension is denied, in accordance with the provisions of Chapter 14.09.030 of this code.
C. The period of time that an approved tentative map is valid may be extended in certain situations in accordance with the provisions of the Subdivision Map Act. These include:
1. Periods of time during which a development moratorium is imposed after the approval of a tentative map or where a lawsuit is pending if the stay of time is approved by the City; or
2. In situations where the City has approved the filing of multiple final maps based upon a single approved tentative map and whereas a condition of the approval the subdivider is subject to a requirement to construct or improve or finance the construction of substantial public improvements outside the boundaries of the tentative map. This may extend the life of an approved tentative map by an additional 36 months; provided, that it shall not extend the tentative map more than 10 years from its initial approval date;
3. There are several qualifiers within the provisions of the Subdivision Map Act that relate to subsections C.(1) and (2) of this section that need to be consulted in determining whether or not an approved tentative map may qualify for an extended period.
D. Expiration of an approved tentative map shall terminate all proceedings relative to the final map. No final map of all or any portion of land included within the boundaries of the tentative map shall be filed without the developer first submitting an application and receiving approval for a new tentative map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.11.020.070 Modifications to Approved Tentative Subdivision Maps.
Changes to either the map or to the conditions of approval of an approved tentative map shall be subject to the provisions of Section 14.09.030.110.
(Ord. 1972, Repealed and Replaced, 02/22/2022)