Chapter 16.12 TENTATIVE MAP

Two copies of the tentative map for proposed subdivision of any land into four or less lots shall be filed with the city clerk, together with two copies of a preliminary title report issued by a title company in the name of the owner of the land, issued to or for the benefit and protection of the city, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished. (Ord. 72 § 9, 1973)

16.12.020 Information required.

The tentative map referred to in EMC 16.12.010 shall show the dimensions of the proposed lots or division and any other information deemed necessary by the city council. (Ord. 72 § 9, 1973)

16.12.030 City council determinations.

The city council shall determine whether the proposed subdivision is in conformity with law and this title, whether the size and shape of the proposed lots are in general conformance to city requirements and whether all the proposed lots will have proper and sufficient access to a public street. The approval of the city council shall be noted by endorsement on the map. One copy of the approved map shall be retained in the files of the city clerk. (Ord. 72 § 9, 1973)

16.12.040 When final map not required.

Approval of the tentative map shall be deemed sufficient approval and no final map need be submitted; except, that where the proposed subdivision of land into four lots or less:

A. Consists of five acres or more of land; or

B. Requires, in order to comply with the provisions of this title, a public street opening; or

C. Creates one lot more than 14,000 square feet in size;

the city council shall require the owner of the land or the subdivider to comply with all the provisions of EMC 16.12.050 through 16.12.100. (Ord. 72 § 9, 1973)

Article II. Tentative Map for Division of
Five or More Lots

16.12.050 Filing.

Twelve copies of a tentative map and statement of the proposed subdivision of any land into five or more lots shall be filed with the city clerk at least 15 days prior to the meeting of the city council, at which consideration is desired, together with a filing fee as established by resolution of the city council. (Ord. 187, 2003; Ord. 72 § 10(a), 1973)

16.12.060 Information required.

The tentative map referred to in this article shall contain the following information:

A. The subdivision name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision;

B. The name and address of record owners of the subdivision;

C. The name and address of the subdivider;

D. The name, business address and number of the registered engineer or licensed surveyor who prepared the map of the subdivision;

E. Elevations or contours at intervals of two feet up to five percent grade, five feet up to 10 percent grade and 10 feet over 10 percent grade to determine slope of the land and the high and low points thereof, unless approval is obtained from the director of public works to allow greater intervals;

F. The locations, names, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof;

G. The location and character of all existing or proposed public utility facilities in the subdivision or on the adjoining and contiguous highways, streets and ways;

H. The approximate widths, location and purpose of all existing or proposed easements in and contiguous to the proposed subdivision;

I. The approximate lot layout and approximate dimensions of each lot and each to be numbered;

J. The outline of any existing buildings to remain in place and their location in relation to existing or proposed street and lot lines;

K. The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses;

L. The typical street sections and details. (Ord. 72 § 10(b), 1973)

16.12.070 Statement accompanying map.

The statement to accompany the tentative map referred to in this article shall contain the following information:

A. The existing use of the property;

B. The proposed use of the property. If the property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be shown on the tentative map;

C. A statement of the improvements and public utilities, including water supply and sewage disposal, proposed to be made or installed and of the time at which such improvements are proposed to be completed;

D. The public areas proposed;

E. The tree planting proposed;

F. The restrictive covenants proposed;

G. The justification and reasons for any exceptions to the provisions of this title;

H. A preliminary title report issued by a title insurance company in the name of the owner of the land, issued to or on behalf of the city for the benefit and protection of the city, showing all parties whose consent is necessary and their interest therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered a certified copy of the certificate of title shall be furnished. (Ord. 72 § 10(c), 1973)

16.12.080 Departmental approval.

The city clerk shall transmit copies of such tentative map to the director of public works and may transmit copies thereof to other departments and agencies as is deemed advisable. Upon receipt of a copy of such tentative map, each department to whom or to which the same has been transmitted shall examine the map to ascertain if the same conforms to the requirements coming within the authoritative scope of such department, and within 10 days after receipt thereof each department shall make a written report to the city council. If such map does not conform to such requirements or any of them, such department shall so state in the report, noting therein the particulars in which the map does not conform. (Ord. 72 § 10(d), 1973)

16.12.090 City council approval.

A. The city council shall determine whether the tentative map is in conformity with the provisions of law and of this title, and upon the basis within 30 days after the filing of the tentative map shall approve, conditionally approve or disapprove the same and shall report such action direct to the subdivider and shall also transmit to the director of public works a copy of the tentative map, and a memorandum setting forth the action of the council thereon.

B. The city council may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law; or, if the property is deemed unhealthful or unfit for human habitation or occupancy by the health officer of the city; or, subject to periodic inundation.

C. The city council may require the subdivider to make available areas acceptable to the proper agency for parks, playgrounds, schools and other public building sites that will be required. In all cases, the city council shall suggest to the subdivider such measures as will make for excellence of residential, commercial or industrial development. (Ord. 72 § 10(e), 1973)

16.12.100 Size of map.

The tentative map referred to in this section shall be 18 inches by 26 inches in size and to a scale of not less than one inch equals 100 feet, unless otherwise approved by the city council, and shall be clearly and legibly reproduced. (Ord. 72 § 10(f), 1973)

Article III. Vesting – General Provisions

16.12.110 Citation and authority.

Articles III through V of this chapter are enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance. (Ord. 177 § 1-1, 1993)

16.12.120 Purpose and intent.

It is the purpose of Articles III through V of this chapter is to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in the provisions of Articles III through V of this chapter, the provisions of this title shall apply to the vesting tentative map ordinance.

To accomplish this purpose, the regulations outlined in Articles III through V of this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. (Ord. 177 § 1-2, 1993)

16.12.130 Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by EMC Title 17 or other applicable provisions of the Etna Municipal Code. (Ord. 177 § 1-3, 1993)

16.12.140 Definitions.

A. A “vesting tentative map” shall mean a “tentative map” for a subdivision, as defined in EMC 16.08.230, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with EMC 16.12.160, and is thereafter processed in accordance with the provisions hereof.

B. All other definitions set forth in this title are applicable. (Ord. 177 § 1-4, 1993)

16.12.150 Application.

A. Articles III through V of this chapter shall apply to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (Ord. 177 § 1-5, 1993)

Article IV. Vesting – Procedures

16.12.160 Filing and processing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this title for a tentative map except as hereinafter provided:

A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

B. At the time a vesting tentative map is filed a subdivider shall also supply the following information:

1. The subdivision name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision;

2. The name and address of record owners of the subdivision;

3. The name and address of the subdivider;

4. The name, business address and number of the registered engineer or licensed surveyor who prepared the map of the subdivision;

5. Elevations or contours at intervals of two feet up to five percent grade, five feet up to 10 percent grade and 10 feet over 10 percent grade to determine slope of the land and the high and low points thereof, unless approval is obtained from the director of public works to allow greater intervals;

6. The locations, names, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof;

7. The location and character of all existing or proposed public utility facilities in the subdivision or on the adjoining and contiguous highways, streets and ways;

8. The approximate widths, location and purpose of all existing or proposed easements in and contiguous to the proposed subdivision;

9. The approximate lot layout and approximate dimensions of each lot and each to be numbered;

10. The outline of any existing buildings to remain in place and their location in relation to existing or proposed street and lot lines;

11. The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses;

12. The typical street sections and detail;

13. Detailed grading plans;

14. Geological studies;

15. Flood control information. (Ord. 177 § 2-1, 1993)

16.12.170 Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city of Etna as may be set by resolution for the filing and processing of a tentative map. (Ord. 177 § 2-2, 1993)

16.12.180 Expiration.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map. (Ord. 177 § 2-3, 1993)

Article V. Vesting – Development Rights

16.12.190 Vesting on approval of vesting tentative map.

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2.

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional 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 vesting tentative map is approved or conditionally approved.

B. Notwithstanding subsection (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1. 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;

2. The condition or denial is required in order to comply with state or federal law.

C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in EMC 16.12.180. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;

2. The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed;

3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (C)(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city of Etna within 15 days;

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (C)(3) of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (Ord. 177 § 3-1, 1993)

16.12.200 Development inconsistent with zoning – Conditional approval.

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding EMC 16.12.190(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B. The rights conferred by this section shall be for the time periods set forth in EMC 16.12.190(C). (Ord. 177 § 3-2, 1993)

16.12.210 Applications inconsistent with current policies.

Notwithstanding any provisions of Articles III through V of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in EMC 16.12.190(A) and 16.12.200, and the city of Etna may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Ord. 177 § 3-3, 1993)