Chapter 16.08


16.08.010    Required – Filing.

16.08.020    Size and scale.

16.08.030    Contents.

16.08.040    Supplemental information.

16.08.050    Condominium maps.

16.08.060    Parklands.

16.08.070    Preparation.

16.08.080    Approval or disapproval.

16.08.090    Findings.

16.08.100    Revisions to tentative map.

16.08.110    Expiration and extension of tentative map.

16.08.120    Environmental review.

Prior legislation: Ords. 156 and 255.

16.08.010 Required – Filing.

Each subdivider proposing a division of land requiring the approval of a tract map or parcel map shall file with the city a tentative map, owners’ statement, and such other and further information as is established by the Subdivision Map Act and by the city engineer. The time of filing a tentative map shall be construed to be the time at which the submittals are accepted as complete by the city engineer in accord with the California Permit Streamlining Act. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.020 Size and scale.

The size of each tentative map is optional; the scale shall be not less than two hundred feet to the inch. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.030 Contents.

Each such map shall contain the following information:

A. Tract number, name or designation;

B. Name and address of the owner whose property is proposed to be subdivided, and the name and address of the subdivider;

C. Name and address of the registered civil engineer, licensed surveyor, or other person who prepared the map;

D. North point;

E. Scale;

F. Date of preparation;

G. Boundary lines;

H. The location, width, proposed names and approximate grades of all streets within the boundaries of the proposed subdivision. Profiles may be required where topography may be a problem;

I. Name, location and width of adjacent streets;

J. Location and width of alleys;

K. Lot lines and approximate dimensions and numbers of each lot;

L. Location and width of areas subject to inundation from floods, or location of structures, and other permanent physical features;

M. Description of the exterior boundaries of the subdivision;

N. Location and width of all existing or proposed public or private easements;

O. Classification of lots as to proposed residential, commercial, industrial or other uses;

P. Elevation of sewers at proposed connections, if sewers exist;

Q. Approximate radii of curves;

R. Contours shall be shown drawn to intervals prescribed by the city engineer;

S. A map of the area in which the proposed subdivision is located outlining the proposed subdivision on that map, and showing lot size and layout of existing lots within said area. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.040 Supplemental information.

The tentative map shall show thereon, or be accompanied by reports and written statements from the subdivider giving essential information regarding, the following matters:

A. Source of water supply;

B. Type of street improvement and utilities work which the subdivider proposes to install;

C. Proposed stormwater sewer or other means of drainage (grade and size);

D. Proposed method of sewage disposal;

E. Protective covenants to be recorded, if any;

F. Proposed tree planting;

G. Proposed street signs. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.050 Condominium maps.

An application for a tentative map for condominium purposes shall contain all of the information required by PVEMC 16.08.030 and 16.08.040 except to the extent such requirement is not permitted by the Subdivision Map Act or other state law. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.060 Parklands.

A. An area in the subdivision equal to the amount set forth in this section shall be dedicated for park purposes. The amount shall be sufficient to provide five acres of park area per one thousand persons who will live in the subdivision, based upon the maximum number of dwelling units permitted in the subdivision as determined by an approved or conditionally approved map and the city zoning ordinance. There is a rebuttable presumption that the average number of persons per household in the proposed subdivision shall be equal to the average number of persons per household, as disclosed on the most recent available federal census, and the city is entitled to rely on that presumption in the absence of persuasive contrary information.

B. Where (1) there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision and (2) the subdivision contains fifty or fewer lots, the subdivider shall pay a fee in lieu of dedication, calculated by determining the square footage of the land required to be dedicated multiplied by the assessed value of a square foot of land in the subdivision.

C. Notwithstanding any provision of this section to the contrary, the requirement for dedication or payment of a fee in lieu of dedication for park purposes shall apply only when the subdivision will permit the development of the land being subdivided with one more additional dwelling unit than may be placed thereon in the absence of such subdivision. Land, fees, or combinations thereof acquired pursuant to this section may be used only for the purposes of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision. The amount of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivision.

D. If the general plan provides that a park or recreational facility is to be located in whole or in part within the proposed subdivision, the subdivider shall dedicate land within the area of such subdivision for a local park consistent with the general plan and this section.

E. Any fees collected by the city shall be committed to specific projects within five years after the payment of the fees or the issuance of building permits for fifty percent of the lots within the subdivision, whichever is later. Any fees not committed at such time shall be distributed and paid to the then record owners of the subdivision in proportion to the size of their lot as compared to the total area of the subdivision.

F. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by future residents of the subdivision, the city council may extend a credit of no more than fifty percent against the requirement to dedicate land or pay fees under this section; provided, that the city council makes all of the following findings:

1. The credit is consistent with the public interest;

2. Yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations have not been included in the computation of such private space;

3. The private ownership and maintenance of the open space is adequately provided for by written agreement, conveyance or restrictions;

4. The use of the private open space is restricted to park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which shall not be defeated or eliminated without the consent of the city council;

5. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land;

6. Facilities proposed for the open space area are in substantial accordance with the provisions of the open space and recreational elements of the general plan and are approved by city council.

G. Exemptions. The requirements of this section shall not apply to the following:

1. Commercial and industrial subdivisions;

2. Subdivisions containing less than five parcels and not used for residential purposes. A condition shall be placed on any such parcel map stating that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years from the date of recording of the parcel map, the fee in lieu of dedication, as prescribed by this section, shall be required to be paid by each owner of each parcel as a condition of the issuance of the building permit;

3. A condominium project which consists of the subdivision of air space in an existing apartment building that is more than five years old, where no new dwelling units are added;

4. Projects which are exempt under the Quimby Act, Cal. Gov. Code § 66477. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.070 Preparation.

A. The tentative map shall be prepared in accordance with the Subdivision Map Act and the provisions of this title. A tentative map application shall include a completed form, all documentation and information required pursuant to this title and payment of the required processing fees. Tentative map applications shall be submitted to the city engineer.

B. If at any time during the processing of a map application it is discovered that any required supporting material has not been filed, the map has been improperly or incorrectly prepared, or that required information has not been submitted, the city engineer shall give written notice thereof to the applicant and the applicant shall promptly provide all required material or information.

C. Each tentative map shall be legibly drawn by a registered civil engineer or licensed surveyor.

D. After the city engineer certifies that the application is complete, the subdivider may be required to confer with the city engineer and the art jury of the Palos Verdes Homes Association, as determined by the city engineer.

E. No map required by this chapter may be accepted for filing without the written consent of all persons having a record title interest in the real property as defined in Section 66436 of the Subdivision Map Act. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.080 Approval or disapproval.

A. The planning commission shall consider the map within fifty days after the application is deemed complete, except as set forth in subsection C of this section or unless such time is extended by agreement with the subdivider. The planning commission shall make its report to the city council within said time and may recommend approval, conditional approval, or denial of the map.

B. At the next regular meeting of the city council following the filing of the planning commission’s report, the city council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty days thereafter. The city council shall approve, conditionally approve, or disapprove the tentative map within that thirty-day period.

C. The time periods set forth in this section shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act.

D. Notice of the time, place and subject of the hearing shall be given at least ten days prior to the hearings as follows:

1. Mailed to the applicant and all persons shown on the last equalized assessment roll as owning real property within five hundred feet of the subject property;

2. Published in one newspaper circulated in the city; and

3. Posting at the subject property.

4. If the proposed subdivision is a conversion of residential real property to a condominium project or community apartment project, notice shall also be mailed to each tenant of the subject property. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.090 Findings.

The proposed tentative map shall comply with the provisions of the Subdivision Map Act and this title. The tentative map shall be denied if any of the following findings are made:

A. The proposed map is not consistent with the adopted general plan and any applicable specific plan;

B. The design or improvement of the proposed development is not consistent with the general plan and any applicable specific plan;

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

D. The site is not suitable for the proposed density of the development;

E. The design of the development or the proposed improvements is likely to cause substantial environmental harm or to substantially injure fish or wildlife or their habitat;

F. The design of the development or the type of improvement will cause serious public health hazards;

G. The design of the development or type of improvement will conflict with easements, acquired by the public at large, for access through or use of property within the proposed development and no alternate easements, for access or for use, will be provided which are substantially equivalent to the ones previously acquired by the public. (Ord. 700 § 2 (Exh. 1), 2012)

16.08.100 Revisions to tentative map.

Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this title in effect at the time the revised map is approved. Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map. The approval or conditional approval of a revised tentative map annuls approval of a previous tentative map. (Ord. 700 § 2 (Exh. 1), 2012)

16.08.110 Expiration and extension of tentative map.

A. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval.

B. The planning commission may grant extensions to the term of an approved or conditionally approved map, not to exceed an additional twelve months. The applicant shall submit a written request to the planning commission for each extension prior to the expiration of the tentative map. Such extension requests are subject to all other mandatory provisions set forth in Section 66452.6 of the Subdivision Map Act and all statutory extensions provided under the Subdivision Map Act.

C. The expiration of the term of an approved or conditionally approved tentative map terminates all proceedings, and no final map of all or any portion of the real property included within the tentative map may be filed without first processing a new tentative map.

D. Any conditions imposed on the subject property pursuant to a conditionally approved tentative map shall remain in effect after expiration of the tentative map unless such conditions are amended by a revised tentative map pursuant to PVEMC 16.08.100 or a final map is recorded. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 2, 2006)

16.08.120 Environmental review.

Environmental review is required for any proposed division of land which requires a tract map or parcel map, pursuant to the provisions of the California Environmental Quality Act (CEQA). (Ord. 700 § 2 (Exh. 1), 2012)