Chapter 16.01
TENTATIVE SUBDIVISION MAPS
Sections:
16.01.010 Division of land—Five or more parcels.
16.01.040 Tentative map application—Form and contents.
16.01.050 Tentative map application—Accompanying data and reports.
16.01.060 Geotechnical reports.
16.01.080 Community development director review.
16.01.090 Planning commission action.
16.01.100 City council action.
16.01.110 Extension of time for planning commission or city council action.
16.01.010 Division of land—Five or more parcels.
A tentative and final map shall be required for all divisions of land when determined by the community development director that such land is proposed to be divided into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:
A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or
B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or
C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the governing body as to street alignments and widths; or
D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than one-quarter of a one-quarter section; or
E. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act. (Ord. 2009-05 § 1 (part))
16.01.020 Applicability.
The form and contents, submittal and approval of tentative maps for five or more parcels in accordance with Section 16.01.010 shall be governed by the provisions of this chapter and the Subdivision Map Act. (Ord. 2009-05 § 1 (part))
16.01.030 Exceptions.
The provisions of this chapter shall not apply to the exceptions provided for in Section 66412 of the Subdivision Map Act. (Ord. 2009-05 § 1 (part))
16.01.040 Tentative map application—Form and contents.
The tentative map application shall be prepared in a manner acceptable to the community development director and shall be prepared by a registered civil engineer or land surveyor. The tentative map shall be clearly drawn and shall contain not less than the following:
A. A title, which shall contain 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;
D. The names and numbers of adjacent subdivisions and the names of the owners of adjacent unplatted land;
E. Date, north arrow, scale, contour interval, and source and date of existing contours;
F. The total number of lots and gross and net acreage of the subdivision;
G. A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning charges, whether immediate or future;
H. A vicinity map showing roads, adjoining subdivisions, county areas, creeks, and other data sufficient to locate the proposed tentative map and show its relation to the community;
I. Existing topography of the proposed site and at least one hundred (100) feet beyond its boundary, including but not limited to:
1. Existing contours at two-foot intervals if the existing ground slope is less than twenty (20) percent and not less than five-foot intervals for existing ground slopes equal or greater than twenty (20) percent. Contour intervals shall not be spread more than one hundred fifty (150) feet apart. Existing contours shall be represented by dashed lines.
2. Type, circumference, and drip line of existing trees with trunk diameter of four 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 indicated.
4. The approximate location of all areas of potential storm water overflow; the location, width, and direction of flow of each water course; and the flood zone.
5. The location, pavement, and right-of-way width, grade, and name of existing streets and highways.
6. The widths, location, and identity of all existing easements.
7. 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 locations of existing sewers and storm drains shall be indicated. The location of all existing overhead and underground utility lines on peripheral streets shall be indicated;
J. 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. For all lots with a slope of twenty (20) percent or greater, specific locations of building envelopes and driveways shall be shown.
7. Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than twenty (20) percent and not less than five-foot intervals for existing ground slope of twenty (20) percent or more. A separate grading plan may be submitted.
8. Proposed recreation sites, trails, and parks for private or public use.
9. Proposed common areas to be dedicated to public open space.
10. 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 storm water runoff by a one hundred (100) year flood.
11. A statement as to the intention of the subdivider in regard to slope planting and erosion control.
12. Such other improvements the installation of which is necessary to ensure consistency with/or implementation of, the general plan, or any applicable specific plan;
K. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
L. The size of each sheet shall be eighteen (18) by twenty-six (26) inches or four hundred sixty (460) by six hundred sixty (660) millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or twenty-five (25) millimeters. The scale of the map shall be large enough 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;
M. 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;
N. The subdivider shall specify any deviation from these standards and provide the justification for such deviation;
O. The community development director may require other drawings, data, or information as deemed necessary by the community development director to accomplish the purposes of the Subdivision Map Act and this title; and
P. Upon written request of the subdivider, the community development director may waive any of the above tentative map requirements if the community development director determines that the type of tentative map does not justify compliance with these requirements, or if the community development director determines that other circumstances justify a waiver. The community development director may require other drawings, data, or information as deemed necessary by the community development director to accomplish the purposes of the Subdivision Map Act and this chapter. (Ord. 2009-05 § 1 (part))
16.01.050 Tentative map application—Accompanying data and reports.
The tentative map application shall be accompanied by the following data and reports:
A. Street Names. A list of proposed street names for any unnamed street or alley for review by the community development director.
B. Soils Reports. A preliminary soils report prepared in accordance with the provisions of the Uniform Building Code. If the preliminary soils reports indicate the presence of critically expansive soil or other 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.
C. Grading Plan. A preliminary grading plan prepared in accordance with the provisions of the Uniform Building Code shall be submitted.
D. Title Reports. A preliminary title report, acceptable to the community development director, showing the legal owners at the time of filing the tentative map.
E. Environmental Review. Information shall be submitted as required by the community development director to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents.
F. 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.
G. Phasing. If the subdivider plans to file multiple final maps on the tentative map, the subdivider shall submit a written notice to this effect to the community development director.
H. Other Reports. Any other data or reports deemed necessary by the community development director. (Ord. 2009-05 § 1 (part))
16.01.060 Geotechnical reports.
A. Three copies of a preliminary engineer’s soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the city engineer.
B. A preliminary soils and/or geology report may be waived by the city engineer provided the city engineer finds that, due to the knowledge that the city has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution and strength of the existing soils and the necessary grading procedures and design criteria for corrective measures and the geology of the site and the effect of geologic conditions on the proposed development.
C. If the city has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the city engineer. Such soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.
D. Where preliminary soils and/or geology reports are prepared, final reports shall be submitted prior to the acceptance of the improvements indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements.
E. Geotechnical reports must also comply with applicable city standards. (Ord. 2009-05 § 1 (part))
16.01.070 Street names.
Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative subdivision map and shall be submitted to the community development director for approval in accordance with current city street naming policies. The approved street name shall be shown on the final map. (Ord. 2009-05 § 1 (part))
16.01.080 Community development director review.
A. Application Filing and Review by Applicable Agencies. The tentative map application shall be filed with the community development director. The subdivider shall file the number of tentative maps that the community development director deems necessary. The community development director shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.
B. Application Deemed Complete. The application shall be deemed complete by the community development director only when the form and contents of the tentative map conform to the requirements of Section 16.01.040 and when all accompanying data and reports, as required by Sections 16.01.050 and 16.01.060, and all fees and/or deposits as required by Section 16.01.140 have been submitted and accepted by the community development director. If the community development director does not determine whether a tentative map application is complete within thirty (30) days of receiving application, then the application shall be deemed complete.
C. Environmental Review. If an environmental impact report is prepared, the report shall be certified within one year from the date that the application is deemed complete, unless an extension of time is granted by the subdivider. If a negative declaration is prepared, the negative declaration shall be adopted within one hundred eighty (180) days from the date that the application is deemed complete, unless an extension of time is granted by the subdivider. (Ord. 2009-05 § 1 (part))
16.01.090 Planning commission action.
A. Notice of Public Hearings. Upon determination that a tentative map application is complete in accordance with Section 16.01.080, the community development director shall prepare a report with recommendations, and shall set the matter for a public hearing before the planning commission. A copy of the community development director’s report shall be forwarded to the subdivider at least seven days prior to the public hearing. At least ten (10) 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. The notice shall be published at least once in a newspaper of general circulation in the city. In addition to notice by publication, the community development director shall give notice of the hearing by mail or delivery to the subdivider, the owner of the subject real property if different from the subdivider, and to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of proposed application. The community development director shall also give notice of the hearing by mail or delivery to each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. 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 community development director may give such other notice that he or she deems necessary or advisable.
B. Action. The planning commission shall recommend approval, conditional approval or denial of the tentative map and the community development director shall report the decision of the planning commission to the city council and the subdivider within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the planning commission that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
C. Approval. The tentative map may be recommended for approval or conditional approval by the planning commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Subdivision Map Act, the general plan, any applicable specific plan and all applicable provisions of this code. The planning commission may require as a condition of its recommendation of approval that the subdivider pay all of the development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit. Such payment shall be made at the rate for such fees in effect at the time of such application or issuance. The planning commission may add additional requirements as a condition of its recommendation of approval. If no action is taken by the planning commission within the time limits specified in this chapter, the tentative map, as filed, shall be deemed to be recommended for approval insofar as it complies with all other applicable provisions of the Subdivision Map Act, the general plan, any applicable specific plan, and this code, and it shall be the duty of the city clerk to certify or state his or her approval.
D. Denial. The tentative map may be recommended for denial by the planning commission on any of the grounds provided by the Subdivision Map Act or this code. The planning commission shall recommend denial of the tentative map if it makes any of the following findings:
1. That the proposed map or the design or improvement of the proposed subdivision is inconsistent with the general plan, any applicable specific plan, and the provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. That 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. Notwithstanding the foregoing, the planning commission may recommend approval of such a tentative map if an EIR was prepared with respect to the project and a finding was made pursuant to paragraph (3), subdivision (a) of Section 21081 of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR;
5. That the design of the subdivision or the type of improvements are likely to cause serious public health or safety problems;
6. 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 recommend for approval or approval 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 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;
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 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agriculture use. (Ord. 2009-05 § 1 (part))
16.01.100 City council action.
Upon recommending approval, conditional approval or denial of the tentative map, the planning commission shall transmit its recommendation to the city council for action. The city council shall conduct a public hearing after giving notice pursuant to Section 16.01.090(A). In addition, notice of the public hearing shall be given to the planning commission. The public hearing shall be scheduled at the next regular meeting of the city council following the receipt of the planning commission recommendation. The city council may add, modify or delete conditions if the city council determines that such changes are necessary to ensure that the tentative map conforms to the provisions of the Subdivision Map Act, the general plan, any applicable specific plan, and this code. The city council may deny the tentative map on any of the grounds contained in Section 16.01.090(D). Following the conclusion of the hearing, the city council shall render its decision to approve, conditionally approve or deny the tentative map. The decision of the city council must occur within thirty (30) days of receipt of the planning commission recommendation on the tentative map. If the tentative map is deemed approved, the subdivider shall be entitled, upon request to the community development director, to receive a written certification of approval. If the city council does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as last recommended for approval or conditional approval by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, the general plan, any applicable specific plan and this code. (Ord. 2009-05 § 1 (part))
16.01.110 Extension of time for planning commission or city council action.
Any applicable time limits for acting on the tentative map application may be extended by written consent of the planning commission or the city council. A waiver of applicable time limits may be required to permit concurrent processing of related approvals or an environmental review on the same development project. (Ord. 2009-05 § 1 (part))
16.01.120 Expiration.
An approved or conditionally approved tentative map shall expire at the end of the applicable time period provided for in Section 66452.6 of the Subdivision Map Act. (Ord. 2009-05 § 1 (part))
16.01.130 Extensions.
A. Request by Subdivider. 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 director. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension.
B. Planning Commission Action. The community development director shall review the request and submit the application for the extension together with a report to the planning commission. The planning commission shall conduct a public hearing on the extension within sixty (60) days after the application is filed after giving notice pursuant to Section 16.01.090(A). A copy of the community development director’s report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. In recommending approval, conditional approval or denial of the request for extension, the planning commission shall make findings supporting its decision, including findings with respect to the potential impact of any increases in applicable development fees which have occurred since the date of approval or conditional approval of the tentative map.
C. City Council Action. Upon recommending approval, conditional approval or denial of the request for extension, the planning commission shall transmit its recommendation to the city council for action. The city council shall conduct a public hearing after giving notice pursuant to Section 16.01.090(A). In addition, notice of the public hearing shall be given to the planning commission. If the city council does not act within the time limits set forth in Section 16.01.090(A), the extension shall be deemed to have been approved or conditionally approved as recommended by the planning commission, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this title, this code, the general plan and any applicable specific plan.
D. Time Limit of Extensions. The time at which the tentative map expires may be extended for a period not exceeding a total of five years. (Ord. 2009-05 § 1 (part))
16.01.140 Fees and deposits.
All persons submitting applications for the approval of a tentative map pursuant to this chapter shall pay all fees and/or deposits as established by resolution of the city council. (Ord. 2009-05 § 1 (part))