Chapter 16.10
TENTATIVE MAPS

Sections:

16.10.005    Purpose of provisions.

16.10.010    Tentative map application requirement.

16.10.020    Tentative map—Form and contents.

16.10.030    Other material to accompany tentative map.

16.10.040    Submittal to community development department.

16.10.050    Time limits for city review.

16.10.060    Environmental review.

16.10.070    Notice of public hearing on tentative map.

16.10.080    Staff reports and recommendations.

16.10.090    Public hearings.

16.10.100    Tentative map action—Extension of time.

16.10.110    Submission of revised tentative map.

16.10.120    Required findings for tentative map approval.

16.10.130    Mandatory denial of tentative maps.

16.10.140    Appeal of director’s or planning commission’s action on a tentative map.

16.10.150    Expiration of approved tentative maps.

16.10.155    Time extension for parcel or final maps.

16.10.160    Correction and amendment of approved tentative maps.

16.10.005 Purpose of provisions.

This chapter describes tentative map application requirements, review procedures, and required findings for approval or denial. A “tentative” or “vesting tentative” map is the map initially reviewed for either a “parcel” or “final” map subdivision. (Ord. 1490 § 3 (part), 2006)

16.10.010 Tentative map application requirement.

The subdivider shall provide the community development department with a completed application form and as many copies of the tentative map and supplementary material as requested by the community development director (minimum of ten copies), a copy of the tentative map reduced to eight and one-half inches by eleven inches and a digital copy on compact disc or e-mailed to the city in PDF format. (Ord. 1490 § 3 (part), 2006)

16.10.020 Tentative map—Form and contents.

Unless exempted by the community development director, the tentative map shall be prepared by, or under the direction of, a licensed land surveyor or a state-registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets, all of equal size. The scale of the map shall be one inch equals one hundred feet or larger (not to be in metric unless conversion units are noted on the map for each dimension). If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. (Ord. 1507 § 3(4), 2007)

16.10.030 Other material to accompany tentative map.

The following supplementary material shall be filed with the tentative map:

A. Vicinity Map. A vicinity map of appropriate scale and showing sufficient adjoining territory to clearly indicate surrounding streets, other land in the subdivider’s ownership, and other features which have a bearing on the proposed subdivision;

B. Zoning. A statement of existing and proposed zoning and land use;

C. Site Development. A statement of proposed improvements and landscape modifications, including the estimated time of completion in relation to subdivision of the property;

D. Public/Private Areas. A description of proposed public or commonly held areas and draft open space easement agreements, if applicable;

E. CC&Rs. Draft covenants, conditions and restrictions if they are integral to the development concept or proposed atypical requirements;

F. Exceptions. A description of requested exceptions from the subdivision design standards for such items as lot area and dimensions, street sections or utility easements;

G. Setbacks. Proposed building setbacks and yards if different from those in the zoning regulations;

H. Drainage. Two copies of the preliminary drainage study showing or explaining the drainage area tributary to the subdivision and a statement setting forth in detail the manner in which storm water runoff will enter the subdivision, the manner in which it will be carried through the subdivision, and the manner in which disposal beyond the subdivision boundaries will be accomplished. This shall be done in accordance with the city’s waterways management plan and shall be prepared by a civil engineer registered in the state of California;

I. Faulting. A fault investigation report if the project is located in a fault zone;

J. Slope Analysis. A detailed slope analysis if the project contains any slopes of fifteen percent or greater;

K. Other Technical Reports. Three copies of all required technical reports such as biological, cultural, noise, traffic, and the like;

L. Soils Report. A preliminary soils report (prepared by a qualified engineer registered in this state), based on adequate test borings, is required. The requirement for a preliminary soils report may be waived by the city public works director in circumstances where earlier projects on the same site have provided a soils report, or where the director determines that adequate records (or knowledge of soil qualities) exist that do not warrant a soils report.

1. The preliminary soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometric of the proposed subdivision;

2. The soils report shall state whether the proposed subdivision is feasible and provide general solutions for all known hazardous conditions or problems;

3. The soils report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation if on-site sewage disposal is proposed;

4. If the soils report indicates, or the city public works division has knowledge of, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot of the proposed subdivision may be required. The soils report shall recommend corrective action to eliminate the hazardous conditions;

5. The director or city council may approve a subdivision where such soils problems exist upon finding that the recommended corrective action is likely to prevent structural damage, and eliminate other hazardous conditions, to any structure to be constructed. As a condition to the issuance of any building permit, the director or hearing body may require that the approved recommended corrective action be incorporated in the construction of each structure;

M. Engineering Geology Report. For hillside or other geologically hazardous areas (as identified within the city’s safety element or as determined by the public works director), an engineering geology evaluation defining the geologic conditions of the site shall be submitted. The report shall be prepared by a state-registered geotechnical engineer. The report shall designate a suitable building site for each lot which is safe from settlement and landslides, and which has reasonable legal access;

N. Noise Study. In potential noise problem areas identified in the noise element of the general plan, specific site analysis by an acoustical engineer or other approved professional with qualifications in acoustic design may be required by the community development director. Such study shall define the noise exposure problems, conclusions and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development;

O. Archaeological Resource Inventory. An archaeological resource inventory shall be provided where required by the archaeological resource preservation guidelines;

P. Endangered Species Survey. If the project site contains habitat indicative of any rare, threatened, or endangered species, the subdivider shall submit a biological and botanical report confirming the presence or absence of such species;

Q. Preliminary Title Report. Two copies of a preliminary title report, dated not more than three months prior to submittal of the application;

R. Owner Consent. An authorization consenting to the proposed subdivision signed by all parties having a record title interest in the property to be subdivided;

S. School Site. The subdivider shall obtain from the school districts involved their intention, in writing, concerning the necessity for a school site and/or facilities, if any, within the subdivision and shall present this information to the community development department prior to the consideration of the tentative map;

T. Environmental Assessment. The subdivider shall provide additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents;

U. Affordable Housing Plan and Statement. Unless exempt (four or fewer lots or units are generally exempt), the applicant shall submit an affordable housing statement in compliance with the city’s inclusionary housing requirement. The map or plans should identify locations of affordable units. The city’s housing element and the city’s inclusionary housing ordinance list the criteria for affordable housing for subdivision projects. (Ord. 1490 § 3 (part), 2006)

16.10.040 Submittal to community development department.

A. Application Acceptance. The tentative map shall be considered for filing only when the map conforms to Section 16.10.020 and when all accompanying data or reports have been submitted and accepted by the community development department.

B. Determination of Complete Application. The community development department shall determine whether the application is complete within thirty days after receipt of the application. If the application is not complete, the community development department will notify the applicant of its determination (including a list of items needed for a complete application) in writing. (Ord. 1490 § 3 (part), 2006)

16.10.050 Time limits for city review.

A. The advisory or legislative body shall review the proposed tentative map within the time limits specified by applicable provisions of the California Environmental Quality Act (CEQA), Section 21151.5, and the Subdivision Map Act, Sections 66452.1 and 66452.2 (or as those sections may subsequently be amended), as follows:

1. If an environmental impact report (EIR) is required, the EIR shall be adopted within one year of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

2. If a negative declaration is required, the negative declaration shall be adopted within one hundred five days of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

3. The director or planning commission shall hold a public hearing on the project within fifty days of the adoption of the environmental document.

Note: Subsections (A)(1) and (3) or (A)(2) and (3) of this section may be accomplished concurrently.

B. Any of the time limits for acting on tentative maps specified in these regulations may be extended by mutual consent of the subdivider and the advisory agency or legislative body required to report or act, pursuant to Subdivision Map Act Section 66451.1. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his or her right to have the map considered without those time limits. (Ord. 1490 § 3 (part), 2006)

16.10.060 Environmental review.

A. Environmental Impact. Unless the project is exempt from environmental review, no tentative map filed in accordance with the provisions of this chapter shall be approved until an environmental impact evaluation has been prepared, processed and considered in compliance with the provisions of the California Environmental Quality Act (CEQA). The subdivider shall submit such data and information, as required by the director, to allow a determination on environmental review to be made in compliance with CEQA.

B. Significant Natural Resources. Whenever a proposed subdivision contains significant natural resources (as defined by environmental assessment or local, state or federal designation), a plan for their protection and management shall be required as a condition of approval of the tentative map. Said plan shall be submitted for review and shall be approved prior to recordation of the final subdivision map.

C. Sensitive Sites. Whenever a proposed subdivision contains unique areas of citywide significance, such as creeks, hillsides, wetlands, or other significant natural features, the dedication of said area to the public or some other assurance, as approved by the director and city attorney, for future protection may be required as a condition of approval.

D. Historic and Cultural Resources. Whenever a proposed subdivision contains archaeological artifacts, or historic or cultural resources pursuant to CEQA, a plan for the protection, restoration (if necessary), and management of said resource shall be required as a condition of approval of the tentative map. Such plan shall be submitted for review and shall be approved prior to recordation of the final subdivision map. (Ord. 1490 § 3 (part), 2006)

16.10.070 Notice of public hearing on tentative map.

A. At least ten calendar days before the public hearing, a notice shall be given including:

1. Publication, at least once, in a newspaper of general circulation published and circulated in the city;

2. First class mail to all owners and occupants of property shown on the latest county assessment roll as being located within three hundred feet of the subject property;

3. Owners of other property which, as determined by the community development director, consistent with the requirements of Section 66451.4 of the Government Code, may be adversely affected by the proposed subdivision;

4. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act;

5. 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 mailed notice to the owner of the property as shown on the last equalized assessment roll;

6. In addition, notice shall be given by first class mail to any person who has filed a written request with the secretary of the planning commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing;

7. Posting a notice at each street frontage describing the proposed subdivision, applicant, hearing action date and contact information.

Note: 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 the article.

B. Public Agency Notification. The community development department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the community development department their findings and recommendations. Public agencies and utilities shall state that the subdivision can be adequately served.

C. School District Notification. Within five days after the tentative map application is determined to be complete, the community development department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. The governing board may review the notice and may send a written report to the planning commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a fifteen-day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving, conditionally approving or denying the tentative map. (Ord. 1490 § 3 (part), 2006)

16.10.080 Staff reports and recommendations.

Any staff report or recommendation on a tentative map shall be in writing and a copy shall be made available to the subdivider or applicant at least three days prior to any hearing or action on such map. (Ord. 1490 § 3 (part), 2006)

16.10.090 Public hearings.

A. For tentative maps subject to director approval, a public hearing shall be held within fifty days of the adoption of the environmental document for the subdivision (a notice of exemption, or determination thereof, may constitute as the environmental document).

B. For tentative maps subject to planning commission review, a public hearing before the planning commission shall be held within fifty days of the adoption of the environmental document for the subdivision. If the map requires council review, the project shall be scheduled for final action by the city council within forty-five days of the planning commission action.

C. The director, planning commission or city council shall approve, conditionally approve or disapprove the tentative map in writing, which action shall then be reported to the subdivider or applicant in writing. The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the subdivider of the determination that the application is complete. If the city has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the subdivider’s project prior to a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the subdivider requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply.

D. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attach, set aside, void or annul an approval of the city council, planning commission, architectural review commission or city staff concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. (Ord. 1490 § 3 (part), 2006)

16.10.100 Tentative map action—Extension of time.

The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the hearing officer, planning commission or the city council. (Ord. 1490 § 3 (part), 2006)

16.10.110 Submission of revised tentative map.

Prior to consideration of a tentative map by the director or planning commission, a revised tentative map may be submitted for consideration. Significant changes may require additional fees and/or a new application. Changes required by the city shall not be considered map revisions. (Ord. 1490 § 3 (part), 2006)

16.10.120 Required findings for tentative map approval.

No tentative map shall be approved unless the hearing body makes all of the following findings:

A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan, including compatibility with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan (Subdivision Map Act Section 66473.5).

B. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Subdivision Map Act Section 66473.1).

C. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attach, set aside, void or annul an approval of the city council, planning commission, or city staff concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. (Ord. 1490 § 3 (part), 2006)

16.10.130 Mandatory denial of tentative maps.

The tentative map shall be denied if any of the following findings are made:

A. That the proposed subdivision is not consistent with the general plan or any applicable specific plan or any other provision of this code.

B. That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan.

C. That the site is not physically suitable for the proposed type of development.

D. That the site is not physically suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially 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 is made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives are identified in the environmental impact report.

F. That the design of the proposed subdivision or the type of proposed improvements is likely to cause serious public health or safety problems.

G. That the design of the proposed subdivision or the type of proposed improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or with public access to public resources as defined and regulated by Section 66478.1 et seq., of the Subdivision Map Act. In this connection, the director or city council may approve a tentative map if alternate easements, for access or for use, will be provided, and these will be substantially equivalent to the 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 city to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

H. That the director or city council has not considered the effect of its action on the housing needs of the region or has not balanced those needs against the public service needs of its residents and available fiscal and environmental resources with favorable results pursuant to Section 66412.3 of the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)

16.10.140 Appeal of director’s or planning commission’s action on a tentative map.

A. The subdivider or any other interested person may appeal the decision of the director by filing such appeal with the community development department within ten days of said decision. The appeal shall be filed in writing, stating the basis for the appeal, and be accompanied by any applicable application and fee. The department shall schedule the appeal for a planning commission hearing within thirty days of the date of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The planning commission may sustain, modify, reject, or overrule any recommendations or rulings of the director and may make such findings as are not inconsistent with this title, the general plan, the Subdivision Map Act or any other applicable regulations.

B. The subdivider or any other interested person may appeal the decision of the planning commission by filing such appeal with the city clerk within ten days of said decision. The appeal shall be filed in writing, stating the basis for the appeal, and be accompanied by any applicable application and fee. The department shall schedule the appeal for a city council hearing within thirty days of the date of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The map shall be reviewed anew as though there had been no decision, recommendation or ruling previously made. The city council may sustain, modify, reject, or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with this title, the general plan, the Subdivision Map Act or any other applicable regulations. (Ord. 1490 § 3 (part), 2006)

16.10.150 Expiration of approved tentative maps.

The approval or conditional approval of a tentative map or phases of a tentative map shall expire twenty-four months from the date of such approval. Failure to cause a parcel or final map to be officially acceptable to the city within twenty-four months after approval shall terminate all proceedings. Any subsequent subdivision of the same land shall require the submittal and processing of a new tentative map. The subdivider shall be responsible for keeping a record of the expiration date of a tentative map without further notice by the city beyond the written notice of approval, which shall state the expiration date. An extension of the approval time may be requested pursuant to Section 16.10.155. (Ord. 1490 § 3 (part), 2006)

16.10.155 Time extension for parcel or final maps.

A. The director may extend the time for filing the final subdivision map for a period or periods not exceeding a total of three years.

B. Applications for extensions shall be made in writing to the community development department, and submitted together with application fees, prior to the date of tentative map expiration. The subdivider shall attach a statement of the reasons for requesting the time extension. Upon submittal of the application and required fees the map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first.

C. A time extension may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time the request for extension is considered. The director may also impose any other conditions which the city was empowered to impose at the time of the tentative map approval and he or she may revise or delete conditions.

D. A subdivider may appeal the director’s action to the city council. Appeals must be filed in writing to the city clerk within fifteen days of the director’s action. (Ord. 1490 § 3 (part), 2006)

16.10.160 Correction and amendment of approved tentative maps.

A. Minor corrections or amendments to approved tentative maps or conditions of approval may be granted by the director; provided, that all of the following are true:

1. No lots, units or building sites are added or deleted; and

2. The proposed changes are consistent with the intent and spirit of the original tentative map approval; and

3. The proposed changes are consistent with the zoning regulations and the building code, the general plan and the Subdivision Map Act.

B. Approval of minor corrections or amendments shall not change any expiration dates. Corrections and amendments to tentative maps and conditions of approval which are not deemed by the director to be minor shall be reviewed at a public hearing by the planning commission upon submittal of the appropriate modification application, materials, and fees by the subdivider. (Ord. 1490 § 3 (part), 2006)