Chapter 16.40
GENERAL TENTATIVE MAP PROCEDURES

Sections:

16.40.010    General.

16.40.020    Tentative map form and content.

16.40.030    Compliance with the City’s general plan and zoning ordinance.

16.40.040    Determination of application completeness.

16.40.050    Notification of affected agencies.

16.40.060    Environmental review.

16.40.070    Public hearing notice.

16.40.080    Affidavit of acceptance of conditions of approval.

16.40.090    Time frames for action on tentative maps.

16.40.100    Findings for approval of tentative maps.

16.40.110    Modifications of approved or conditionally approved tentative maps.

16.40.120    Expiration of tentative maps and timely filing of final or parcel maps.

16.40.130    Phasing.

16.40.140    Discretionary extensions of tentative maps.

16.40.150    Effect of consecutive subdivision maps.

16.40.160    Effect of annexation on tentative and final maps.

16.40.010 General.

The procedures set forth in this chapter shall be applicable to tentative maps and tentative parcel maps. (Ord. 1091 § 5, 1996)

16.40.020 Tentative map form and content.

Before any tentative map, or request for extension thereto, is accepted for filing, the subdivider shall file with the Director of Planning a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form. The Director of Planning and the City Engineer may, from time to time, amend the official application form and the map submittal requirements specified thereon. Tentative maps shall be prepared in a size, form, and manner acceptable to the Director of Planning and the City Engineer, 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 and shall contain all information required by the official application form and any requirements identified during the preliminary review of the map by the City. Vesting tentative maps shall conform with Chapter 16.100 PMC. The Director of Planning and the Development Advisory Board may modify any of the above tentative map submittal requirements through the preliminary conceptual review process, if the type of subdivision does not need to comply with these requirements, or if other circumstances justify a modification or a waiver. The Director of Planning and Development Advisory Board may require other drawings, data, reports or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act and this title. (Ord. 1091 § 5, 1996)

16.40.030 Compliance with the City’s general plan and zoning ordinance.

All divisions of land pursuant to this title shall conform to those development standards set forth in the zoning ordinance for the zone in which the property proposed to be divided is located at the time the application for the tentative map is deemed complete. In accordance with PMC 16.40.100(A), all divisions of land pursuant to this title shall also conform with the City’s general plan, including all maps, goals, objectives, policies and implementation measures in effect at the time the tentative map is approved. (Ord. 1091 § 5, 1996)

16.40.040 Determination of application completeness.

The Planning Department shall notify the applicant of its determination of completeness of the subdivision application, as required by Government Code Section 65943. The applicant shall have the right to appeal a decision that an application is incomplete, pursuant to Government Code Section 65943(c), through the appeal process set forth in the City’s zoning ordinance, Section 20.11. The subdivider shall supply the requested plans and/or information within 60 calendar days of the notice of incomplete filing, or the provisions of Section 20.06 (Denial of Incomplete Applications) of the City’s zoning ordinance will be applied to the application. (Ord. 1091 § 5, 1996)

16.40.050 Notification of affected agencies.

Pursuant to Government Code Section 66455.7, notice of a proposed subdivision shall be provided to affected school districts within five days of the application being deemed complete. In addition, notice may also be provided to other affected agencies, which may include but shall not be limited to the County of Los Angeles, the city of Lancaster, the city of Santa Clarita, state agencies, including Caltrans and the Department of Water Resources, regional agencies, nearby town councils, transit providers, water districts, and other utilities or service providers. (Ord. 1091 § 5, 1996)

16.40.060 Environmental review.

After determination that the tentative map application is complete, the Planning Department shall comply with the provisions of the California Environmental Quality Act (CEQA), in accordance with the time periods specified in Public Resources Code Section 21151.5. (Ord. 1091 § 5, 1996)

16.40.070 Public hearing notice.

Notice of public hearing will be given pursuant to Government Code Section 65091 and Section 20.02 of the zoning ordinance. (Ord. 1091 § 5, 1996)

16.40.080 Affidavit of acceptance of conditions of approval.

No less than 14 days prior to the Planning Commission taking action on a proposed subdivision, the applicant shall file a statement with the Planning Department which expresses the applicant’s concurrence with, or objection to, any draft conditions of approval expected to be applied to the subdivision by the Planning Commission. An applicant’s objection to a condition or conditions of approval shall not be cause to delay the Planning Commission’s action on the application and will not limit the Planning Commission’s ability to apply any conditions deemed necessary to ensure that the proposed subdivision conforms to the criteria contained in PMC 16.40.100 and does not represent a risk to public health, safety and welfare. Failure to file such a statement may be cause to delay Planning Commission’s action on the applicant’s tentative map. (Ord. 1091 § 5, 1996)

16.40.090 Time frames for action on tentative maps.

(A) The Planning Commission shall hold a public hearing on the map, and upon making all findings required in PMC 16.40.100, shall approve or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by Public Resources Code Section 21151.5, and Government Code Section 66452.2.

(B) The time frames noted above may be extended by up to 90 days by mutual consent of the subdivider and the Director of Planning. Additional extensions may be permitted as provided by prevailing statutory law or court decisions.

(C) In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved, pursuant to Government Code Section 66452.4, then the standard conditions of approval prepared by the City, which are in effect at the time the application was deemed complete, shall automatically be applied to the tentative map. (Ord. 1091 § 5, 1996)

16.40.100 Findings for approval of tentative maps.

Any tentative map shall be approved if all of the following findings are made:

(A) The proposed subdivision, and any proposed phasing thereof, is consistent with the zoning ordinance, general plan, any applicable specific plan and the City of Palmdale Municipal Code;

(B) The tentative map does not propose to divide land which is subject to contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a land conservation act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use;

(C) The site is physically suitable for the type and proposed density of development proposed by the tentative map;

(D) The design of the subdivision and the proposed improvements, with conditions of approval, are either:

(1) Not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or

(2) The design of the subdivision and the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, but an environmental impact report has been prepared and a statement of overriding considerations has been adopted, pursuant to Public Resources Code Section 21081(c), finding that specific economic, social or other considerations make it not feasible to adopt the mitigation measures or project alternatives identified in the environmental impact report;

(E) The design of the subdivision and the type of improvements are not likely to cause serious public health and safety problems;

(F) The tentative map design provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible;

(G) The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the private property within the proposed subdivision, or the design of the subdivision and the type of improvements will conflict with the easements acquired by the public at large for access through or use of property within the proposed subdivision but alternate easements which are substantially equivalent to those previously acquired by the public will be provided; and

(H) The proposed subdivision, including any proposed phasing, represents orderly development of the project site and surrounding area. (Ord. 1091 § 5, 1996)

16.40.110 Modifications of approved or conditionally approved tentative maps.

Tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Director of Planning or City Engineer, pursuant to this section.

(A) Minor modifications may be processed administratively without notice or public hearing; provided, that the proposed changes are consistent with the intent of the original map approval, and there are no resulting violations of this title or the City of Palmdale Municipal Code. The following modifications are considered minor:

(1) Modifications to less than 10 percent of the total number of lots in the subdivision; provided, that there is no increase or decrease in the total number of lots within the subdivision;

(2) Modifications to the horizontal alignment of less than two feet, or vertical alignment of less than one foot, of any cul-de-sac, local or collector roadway when such modification does not affect off-site property; or

(3) Any other changes, which in the opinion of the Planning Director and/or City Engineer do not involve substantial changes to the map or the conditions of approval.

(B) Any other amendment or modification of an approved or conditionally approved map shall be processed as a major modification, following procedures set forth in this chapter for tentative map approval, except that such modification approval shall not alter the original expiration date of the tentative map. (Ord. 1091 § 5, 1996)

16.40.120 Expiration of tentative maps and timely filing of final or parcel maps.

(A) The initial approval or conditional approval of a tentative map shall expire 36 months from its adoption by the Planning Commission or, if appealed, from the City Council’s action. Expiration of an approved or conditionally approved 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 processing a new tentative map in accordance with the provisions of this title. Once a complete and timely filing of a final map, as described in PMC 16.70.050, has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.

(B) A final map shall be deemed in substantial conformance with the approved tentative map if the Planning Director finds, in consultation with the City Engineer, that all of the following criteria are satisfied:

(1) The final map is in compliance with all conditions of approval applied to the tentative map;

(2) Less than 10 percent of the total number of lots in the subdivision have been modified in their configuration, and no increase or decrease in the number of lots has occurred, and a minor modification, in accordance with PMC 16.40.110 has been previously approved;

(3) No cul-de-sac, local or collector roadway has been modified by more than two feet in horizontal alignment of more than one foot in vertical alignment and a minor modification, in accordance with PMC 16.40.110 has been previously approved;

(4) The design or location of any required infrastructure improvement, including flood control structures, open space landscape areas, utility easements, major and secondary arterial roadways and primary or secondary access roads have not been modified in such a way as to reduce their effectiveness, cause increased maintenance expense or jeopardize public health and safety, as determined by the City Engineer;

(5) The final map accurately portrays approved phasing plans;

(6) The grading concepts approved for the tentative map have not been modified in such a way as to increase the area or volume of off-site grading, substantially increase on-site slope heights, or increase the grade differential between on- and off-site pad elevations by more than 10 percent;

(7) The final map is reflective of the requirements, standards, design and intent of the approved tentative map, as determined by the Planning Director and the City Engineer.

(C) If the filing of multiple final maps is authorized under the tentative map approval, pursuant to PMC 16.40.130, and the Director of Planning and the City Engineer determine that a condition of approval of the tentative map is an expenditure in the amount specified under Government Code Section 66452.6(a), including specified adjustments for inflation, for public improvements of public rights-of-way which abut the boundary of the property to be subdivided and reasonably relate to the development of that property, then the tentative map will be extended for 36 months upon the timely filing of the first phase of the final map within the original approval period of the tentative map.

(1) Except as provided in subsection (C)(2) of this section, the timely filing of subsequent final maps authorized under the tentative map approval pursuant to this subsection shall extend the life of the tentative map for a period of 36 months from the date of the previously filed final map; provided, that such extensions shall not extend the tentative map more than 10 years. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement.

(2) If two or more final maps from the same tentative map are filed within any period of 12 consecutive months, the applicant shall only be entitled to one automatic extension, pursuant to Government Code Section 66452.6(a) and subsection (C) of this section.

(3) A request by a subdivider for the granting of an automatic time extension shall be processed as an administrative review of the tentative map to reflect conditions of approval, and shall be subject to any fees required by City Council resolution. (Ord. 1120 § 13, 1998; Ord. 1091 § 5, 1996)

16.40.130 Phasing.

(A) If the subdivider plans to file multiple or phased final maps on the tentative map, the subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a proposed phasing plan, and a description of the phasing of infrastructure and improvements. The proposed phasing shall be reviewed by the Development Advisory Board and reviewing authority and shall be made a part of the approval of the tentative map. If, after approval of an unphased tentative map, the subdivider requests to submit multiple final maps or requests to modify previously approved phase boundaries or order of development, the following procedure shall apply.

(1) The subdivider shall submit a proposed phasing plan, and a description of the phasing of infrastructure and improvements.

(2) The request will constitute a major modification of the approved tentative map and will be considered by the Planning Commission through a public hearing process. The Planning Commission may add any new conditions relating to the proposed phasing or any improvements deemed necessary to implement orderly development of the phasing. The findings for approval or denial of a major modification to show phasing on a previously approved tentative map will be those contained in PMC 16.40.100 and described below:

(a) The proposed phasing represents a logical and orderly development;

(b) The conditions surrounding the development of the tentative map have not changed in such a way as to preclude development of all necessary improvements or infrastructure on any phase of the tentative map; and

(c) The proposed phasing and the associated infrastructure improvements are not likely to cause serious public health and safety problems.

(B) If approved as described above, multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, phase or unit of the approved or conditionally approved tentative map shall have the tentative map number followed by a dash and the phase number. (Ord. 1091 § 5, 1996)

16.40.140 Discretionary extensions of tentative maps.

(A) The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing an application for discretionary time extension with the Planning Department prior to the expiration of the tentative map. Upon the filing of the extension request, the map shall automatically be extended for 60 days or until the application is acted upon, whichever occurs first. The application for an extension of time shall be the same as the application for a tentative map as specified in PMC 16.40.020, and the subdivider shall pay all applicable fees. Environmental review shall be conducted in accordance with the provisions of the Public Resources Code Section 21000, et seq., and California Code of Regulations Section 15000, et seq. Notice and an opportunity to be heard on tentative map extensions shall be provided in the manner specified in PMC 16.40.070, and shall be reviewed and approved or disapproved in accordance with the provisions of PMC 16.40.100. The Commission may deny an extension if it makes a finding, supported by evidence in the record, with respect to nonvesting maps, that the extension will adversely affect the public health, safety or welfare, or if any of the findings contained in PMC 16.40.100 can no longer be made with respect to the proposed subdivision or, with respect to vesting maps, the Commission may deny an extension if it makes a finding, supported by evidence in the record, that any of the findings contained in PMC 16.100.060 are applicable. The expiration date of a tentative map may be extended by the Planning Commission for a period or periods up to but not exceeding a total of five years beyond the expiration date.

(B) Extensions granted under this section shall not include any period of time during which a development moratorium is in effect.

(C) The Planning Commission’s action, made pursuant to this section, to approve or disapprove an extension to the expiration date of a tentative map may be appealed to the City Council in accordance with the procedures set forth in Section 20.11 of the City’s zoning ordinance. Notwithstanding any other time periods to the contrary that are set forth in zoning ordinance Section 20.11, the Planning Commission’s decision may be appealed to the City Council by the subdivider by filing a written appeal within 15 days of the Planning Commission’s decision or by another person adversely affected by the Planning Commission’s decision by filing a written appeal within 10 days of the Planning Commission’s decision. The expiration of a tentative map will not be extended by the filing of an appeal, and no final map will be accepted by the City Engineer for any tentative map which has expired while under appeal, unless and until a time extension is granted by the reviewing authority. (Ord. 1120 § 14, 1998; Ord. 1091 § 5, 1996)

16.40.150 Effect of consecutive subdivision maps.

(A) Pursuant to Government Code Section 66424.1, a subdivider may file more than one tentative map to subdivide a unit of land, prior to the time that the first subdivision is reflected in the County Assessor’s rolls. However, no consecutive tentative map(s) shall rely on, or reference, any previously approved tentative map for which a final map has not yet been recorded, for the following purposes:

(1) For legally describing the area to be subdivided;

(2) For determining required legal and physical access;

(3) For identifying existing or planned improvements; or

(4) For establishing conditions of approval for the consecutive tentative map.

(B) When a consecutive final map is filed on land which has been previously subdivided, the effect of the recordation of that map will be a legal merger of the separate parcels and the resubdivision of such merged parcel.

(C) When a consecutive parcel map is filed on land which has been previously subdivided or on which a tentative map has been approved, the underlying parcels will not be merged, unless said consecutive parcel map is filed pursuant to Chapter 16.120 PMC, and once recorded, the consecutive parcel map shall have the effect of creating parcels which may contain subdivided or tentatively subdivided parcels for the purpose of sale, lease or financing.

(D) Nothing in this section shall limit the City from applying reasonable conditions of approval to consecutive maps. (Ord. 1091 § 5, 1996)

16.40.160 Effect of annexation on tentative and final maps.

(A) When any area in a subdivision as to which a final map has been finally approved is annexed to the City, then, pursuant to Government Code Section 66413, the final map shall continue to govern the subdivision.

(B) When any area in a subdivision or proposed subdivision as to which a tentative parcel map, tentative map or vesting tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by this title but the final act required to make the parcel map effective has not been taken, is annexed to the City, the subdivider of the parcel map, tentative map or vesting tentative map shall process all necessary applications and revise any portion of the map which is not in conformance with the City standards which were in effect as of the effective date of the annexation within 24 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map or parcel map, whichever occurs first. The City may request that the subdivider attend a preapplication conference, pursuant to Section 20.03 of the City’s zoning ordinance, to determine the extent of any required modifications. Any tentative map which is not brought into conformance with the City’s policies, rules and regulations which were in effect as of the effective date of the annexation in accordance with the time frame specified above, will be considered expired, and no final map shall be processed by the City. (Ord. 1091 § 5, 1996)