Chapter 17.71
TENTATIVE MAP FILING AND PROCESSING
Sections:
17.71.020 Tentative map preparation, application contents.
17.71.030 Tentative map filing, initial processing.
17.71.040 Evaluation of application.
17.71.050 Planning commission review and recommendation.
17.71.060 Council review and decision.
17.71.070 Tentative map approval or disapproval.
17.71.080 Conditions of approval.
17.71.090 Effective date of tentative map approval.
17.71.100 Changes to approved tentative map or conditions.
17.71.110 Completion of subdivision process.
17.71.120 Vesting tentative maps.
17.71.130 Tentative map time limits and expiration.
17.71.140 Extensions of time for tentative maps.
17.71.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.020 Tentative map preparation, application contents.
Tentative map submittal shall include the application forms, and all information and other materials prepared as required by the department and the city engineer. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.030 Tentative map filing, initial processing.
A. General Filing and Processing Requirements. A tentative map application shall be submitted to the department for processing, and shall be:
1. Reviewed for completeness and accuracy;
2. Referred to affected agencies;
3. Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and
4. Evaluated in a staff report in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title.
B. Referral to Affected Agencies. The procedure provided by this subsection is in addition to the procedures in Chapter 17.60 (Permit Application Filing and Processing) of this title.
1. Required Referrals. The director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, city departments, county agencies, other cities, special districts, and local agencies, public utilities, and state agencies.
2. Time Limits for Referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 17.60.070 (Initial application review) of this title. An agency wishing to respond to a referral shall provide the department with its recommendations within fifteen days after receiving the tentative map application. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.040 Evaluation of application.
After completion of the initial processing and the application being deemed complete in compliance with Section 17.60.070 of this title, the director shall:
A. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this land use code, the general plan, any applicable specific plan, and the Map Act, in compliance with Map Act Section 66474.2;
B. Determine the extent to which the proposed subdivision complies with the findings in Section 17.71.070 (Tentative map approval or disapproval) of this chapter; and
C. Prepare a staff report to the review authority describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the tentative map. The staff report shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 17.74.030) at least three days before any hearing or action on the tentative map by the review authority in compliance with Section 17.71.050 or 17.71.060 of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.050 Planning commission review and recommendation.
A. The commission shall conduct a public hearing on the proposed tentative map in compliance with Chapter 17.88 (Public Hearings) of this title, and consider the recommendations of the director, any agency comments on the map, and any public testimony.
B. The commission shall review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this land use code, the general plan, any specific plan, and the Map Act. The evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received.
C. As required by Map Act Chapter 3, Article 2 (Tentative Maps), within thirty days after the filing of the report and recommendation of the director with the commission, but no later than fifty days after the tentative map application was deemed complete in compliance with Section 17.60.070 (Initial application review) of this title recommend to the council the approval, conditional approval, or denial of the tentative map.
D. A recommendation for the approval or conditional approval of a tentative map shall be given only after the commission first makes all findings required by Section 17.71.070 (Tentative map approval or disapproval) of this chapter. The commission may recommend conditions of approval in compliance with Section 17.71.080 (Conditions of approval) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.060 Council review and decision.
A. As required by Map Act Chapter 3, Article 2 (Tentative Maps), at its next regular meeting following the filing of the commission’s report with the council in compliance with Section 17.71.050 of this chapter, the council shall set the meeting date for its consideration of the tentative map and the commission recommendation, which shall be within thirty days thereafter. The council shall then conduct the hearing, and shall approve, conditionally approve, or deny the tentative map on the date it has set.
B. The approval or conditional approval of a tentative map shall be granted only after the council first makes all findings required by Section 17.71.070 (Tentative map approval or disapproval) of this chapter. The council may adopt conditions of approval in compliance with Section 17.71.080 (Conditions of approval) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.070 Tentative map approval or disapproval.
In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority shall first make the findings required by this section:
A. Required Findings for Approval. The review authority may approve a tentative map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection C of this section can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
B. Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection A of this section, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal:
1. Construction of Improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, it is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the parcel map.
2. Condominiums. Any applicable findings required by Section 17.74.030 of this title for condominium conversions.
3. Waiver of Parcel Map. The findings required by Section 17.72.030 (Waiver of parcel map) of this title, if waiver of a parcel map has been requested with the tentative map application.
C. Findings Requiring Denial. A tentative map, or a parcel map for which a tentative map was not required shall be denied if the review authority makes any of the following findings, as required by Map Act Sections 66474 and 66474.6:
1. The proposed map, and/or subdivision design or improvements are not consistent with the general plan or any applicable specific plan;
2. The site is not physically suitable for the type or proposed density of development;
3. 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;
4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;
5. 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. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; or
6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.080 Conditions of approval.
Along with the approval of a tentative map, the council may adopt any conditions of approval deemed necessary to carry out the purposes of this land use code, provided that all conditions shall be consistent with the requirements of the Map Act. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.090 Effective date of tentative map approval.
The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the council. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.100 Changes to approved tentative map or conditions.
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.72.120 (Amendments to recorded maps) of this title.
A. Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section. All other proposed changes shall require the filing and processing of a new tentative map.
B. Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:
1. A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the department.
C. Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.
D. Findings for Approval. The review authority shall not modify the approved tentative map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 17.71.070(A) and (B) of this chapter can still be made:
1. There was a material mistake of fact in the deliberations leading to the original approval;
2. There has been a change of circumstances related to the original approval; or
3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this land use code.
E. Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 17.71.130 (Tentative map time limits and expiration) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.110 Completion of subdivision process.
A. Compliance with Conditions, Improvement Plans. After approval of a tentative map pursuant to this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 17.78 (Subdivision Design and Improvement Requirements) of this title, before constructing any required improvements.
B. Parcel or Final Map Preparation, Filing and Recordation.
1. A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 17.72 (Parcel Maps and Final Maps) of this title, to complete the subdivision, unless a parcel map has been waived in compliance with Section 17.72.030 (Waiver of parcel map) of this title.
2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 17.72 (Parcel Maps and Final Maps) of this title, to complete the subdivision. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.120 Vesting tentative maps.
This section establishes procedures to implement the vesting tentative map requirements of the Map Act (Section 66498.1 et seq.).
A. Applicability. Whenever this land use code requires that a tentative map be filed, a vesting tentative map may instead be filed, provided that the vesting tentative map is prepared, filed, and processed in compliance with this section. A vesting tentative map may be filed for either residential or nonresidential developments.
B. Procedures for Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed in the same manner identified in this chapter as a tentative map, except as follows:
1. Application Content. The vesting tentative map shall include the following information in addition to that required by Section 17.71.020 (Tentative map preparation, application contents) of this chapter:
a. Title. The vesting tentative map shall be prepared with the words “Vesting Tentative Map” printed conspicuously on its face.
b. Intended Development. The vesting tentative map application shall include accurately drawn, preliminary floor plans and architectural elevations for all structures intended to be constructed on the property after subdivision; and identification of the proposed uses of all proposed structures, and land covered by the map.
c. Existing Rules/Regulations. The application shall include a copy of all rules, regulations, and standards applicable to the development of the property at the time of filing.
d. Special Plans and Studies. The application shall include detailed grading plans, any geological studies, flood control information, or other information or special studies that would be required by the city at the time of building permit application review.
2. Findings for Approval. The approval of a vesting tentative map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 17.71.070 (Tentative map approval or disapproval) of this chapter.
C. Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Section 17.71.130 (Tentative time limits and expiration) of this chapter.
D. Changes to Approved Map or Conditions. The developer may apply for an amendment to a vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with Section 17.71.100 (Changes to approved tentative map or conditions) of this chapter, and in compliance with Map Act Section 66498.2. An amendment to the vesting tentative map will establish a new deemed complete date.
E. Development Rights Vested.
1. The approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards (excluding fees) as identified in Map Act Section 66498.1.
2. If Map Act Section 66474.2 is repealed, approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the map is approved or conditionally approved.
3. Subsequent building or use permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or disapproved only if the review authority determines that:
a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or
b. The condition or disapproval is required, in order to comply with state or federal law.
4. Fees charged for building or land use permits, filed after the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Building or land use permit application contents shall comply with city requirements in effect at the time the subsequent application is filed.
F. Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map in compliance with Section 17.71.130 (Tentative map time limits and expiration) of this chapter. If a parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time:
1. An initial time period of twenty-four months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded.
2. The initial twenty-four months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds thirty days from the date the application is accepted for processing as complete.
3. The developer may apply for a twelve-month extension at any time before the initial twenty-four months expires. Application for an extension shall be submitted to the department and shall be accompanied by the required fee. The council shall approve or disapprove any request for extension.
4. If the developer submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.130 Tentative map time limits and expiration.
An approved tentative map is valid for twenty-four months after its effective date (Section 17.71.090), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13 or 66463.5. At the end of twenty-four months, the approval shall expire and become void unless:
A. A parcel or final map, and related security and improvement agreements, have been filed with the city engineer in compliance with Chapter 17.72 (Parcel Maps and Final Maps); or
B. An extension of time has been granted in compliance with Section 17.71.140 of this chapter.
Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed. (Ord. 766 § 2 Exh. A (part), 2004).
17.71.140 Extensions of time for tentative maps.
When a subdivider has not completed all tentative map or vesting tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by Section 17.71.130 of this chapter, time extensions may be granted in compliance with this section.
A. Filing of Extension Request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.
B. Approval of Extension. The council may grant one twelve-month extension to the initial time limit, only after finding that:
1. There have been no changes to the provisions of the general plan, any applicable specific plan or this land use code applicable to the project since the approval of the tentative map;
2. There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan or other standards of this land use code apply to the project; and
3. There have been no changes to the capacities of community resources, including but not limited to, water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.
A time extension of more than twelve months may be granted only in compliance with Map Act Section 66452.6. (Ord. 766 § 2 Exh. A (part), 2004).