Chapter 17.25
MAPS: TENTATIVE AND VESTING TENTATIVE MAPS
Sections:
17.25.010 General.
17.25.020 Presubmittal conference.
17.25.030 Form and contents.
17.25.040 Accompanying data and reports.
17.25.050 Preliminary soil and engineering geology reports.
17.25.060 Zoning administrator review and referral.
17.25.070 Zoning administrator and planning commission review and determination.
17.25.080 Expiration of tentative map.
17.25.090 Amendments to an approved tentative map.
17.25.100 Vesting tentative maps.
17.25.010 General.
A. This chapter governs the form, contents, submittal and approval procedures and requirements for submittal of tentative and vesting tentative maps. The same tentative map requirements and procedures apply both to major subdivisions (five or more parcels) and to minor subdivisions (four or fewer parcels) except where stated otherwise.
B. A subdivider may file with the city a tentative map of a proposed subdivision of unincorporated territory adjacent to the city in accord with Government Code section 66454. (Ord. 752 § 32-5.1, 2000; 1991 code § 32-5.1)
17.25.020 Presubmittal conference.
Before filing a tentative map or vesting tentative map application, a subdivider shall make a written request for a presubmittal conference. The zoning administrator shall schedule such a conference within 30 days after receiving the written request. The subdivider, zoning administrator and city engineer shall attend the presubmittal conference, and representatives of the Fire District, County Flood Control District, Recreation and Park District, and utility companies may attend. Issues to be discussed at the presubmittal conference include access, amount and nature of grading, potential traffic and safety issues, and any other matter related to the proposed subdivision. (Ord. 752 § 32-5.2, 2000; 1991 code § 32-5.2)
17.25.030 Form and contents.
The tentative map shall be prepared in a manner acceptable to the zoning administrator and city engineer and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn. The map shall be drawn to an engineer’s scale, large enough to show all information clearly, but no less than one inch equals 100 feet.
The map shall include the information set forth on the submittal requirements form prepared by the zoning administrator. The zoning administrator may waive any of the tentative map requirements (in consultation with the city engineer regarding any submittal requirement involving engineering or public works decisions) if the type of subdivision does not need to comply with these requirements or if other circumstances justify a waiver. The zoning administrator may require other drawings, data, or information as deemed necessary by the zoning administrator and city engineer to accomplish the purposes of the Subdivision Map Act and this chapter. (Ord. 752 § 32-5.3, 2000; 1991 code § 32-5.3)
17.25.040 Accompanying data and reports.
At the time of filing, a tentative map shall be accompanied by the following data and reports:
A. Application form. Completed and signed, and plan checking fee.
B. Location map. Indicating the subject parcels and adjacent streets.
C. Title report. A preliminary title report, not more than three months old and acceptable to the zoning administrator, showing the legal owners at the time of filing the tentative map.
D. Written statement. Describing the project in detail, including:
1. A statement of present zoning and of existing and proposed uses of the property, and any proposed zoning changes, whether immediate or future;
2. A description of the proposed subdivision, including the number of lots, their average size, and nature of the proposed development;
3. If the proposal is for a residential subdivision of 10 lots or more, a description of how the subdivider will comply with PHMC § 18.20.060, Inclusionary housing;
4. A description of landscaping, fences, bridges, gates or other proposed improvements which may not be fully shown on the map;
5. Proposed changes in topography; and
6. Proposed tract or deed restrictions, if any.
E. Participant disclosure form.
F. Environmental information form.
G. Traffic study. Projects which generate more than 20 peak hour trips shall provide a traffic study that is consistent with the requirements of the Contra Costa Transit Authority. The study shall also include an alternative transportation plan – an evaluation addressing the feasibility of accommodation for alternative transportation for pedestrians and bicyclists.
H. Preliminary soils and geologic report. Preliminary report as set forth in PHMC § 17.25.050.
I. Tree condition evaluation report. An independent report by a certified arborist, licensed landscape architect or other professional approved by the zoning administrator.
J. Preliminary drainage study. As set forth in the public works standards.
K. Preliminary stormwater pollution prevention plan. As set forth in the public works standards.
L. Site photograph. (Polaroid is acceptable). To clearly show the views of and from the project, including neighboring development.
M. Transparency. An eight-and-one-half-inch by 11-inch clear transparency reduction of all plans for overhead projection or 35 millimeter slides.
N. Reduction. An eight-and-one-half-inch by 11-inch black-and-white reduction of each plan.
O. Hazardous waste and substances statement. A signed statement of compliance under Government Code section 65962.5(f) indicating whether the proposed project is located on a hazardous waste and substance site as defined in that section. Under Government Code section 65962.5, the California Secretary for Environmental Protection is required to consolidate information regarding land where certain hazardous wastes or contaminants are present, and to distribute a list to each city and county in which sites on the list are located. An applicant for any development project must consult the list sent to the city and submit a signed statement to the city indicating whether the project and any alternatives are located on the list. (Govt. Code § 65940)
P. For a vesting tentative map, the subdivider shall also submit all of the following information, unless a requirement is waived by the zoning administrator after consultation with the city engineer: (Govt. Code § 66498.8)
1. The height, size and location of buildings, including elevations; and
2. Information on the uses to which the buildings will be put.
Q. Proposed improvements shown on a map, including:
1. The location, grade, centerline radius, arc length of curves, pavement, and right-of-way width of all streets. Typical sections of all streets shall be shown including pavement widths, curbs, gutters, sidewalks, medians, and slopes of cuts and fills. Proposed private streets shall be clearly indicated. Include a proposal for placing all utilities underground (see PHMC § 17.35.020.G).
2. The location and radius of all curb returns and cul-de-sacs.
3. The location, width, and purpose of all easements.
4. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.
5. Engineering plan and data showing the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes to scale. Cut and fill areas shall be highlighted.
6. Areas to be used for public purposes or facilities.
7. Proposed recreation sites, trails, and parks for private or public use. If park dedication is proposed, the tentative map application is not complete unless accompanied by Pleasant Hill Recreation and Park District’s written comments on the proposed location.
8. Proposed common areas and areas to be dedicated to public open space, including a proposal for the long-term maintenance of private common areas.
9. The location and size of sanitary sewers, fire hydrants, water mains, and storm drains, including all necessary provisions for handling water supply, stormwater and sewage. Proposed slopes, approximate elevation, direction of flow and type of facility for sanitary sewers, storm drains, and overland drainage releases shall be indicated.
10. A planting plan for slopes, erosion control, street trees, other landscaping and fencing.
R. Any other data or reports deemed necessary by the zoning administrator, city engineer, or the planning commission in order to review the tentative map. (The timing of such requests from the city will be consistent with the Permit Streamlining Act (Government Code section 65920 and following).) (Ord. 791 § 3, 2004; Ord. 752 § 32-5.4, 2000; 1991 code § 32-5.4)
17.25.050 Preliminary soil and engineering geology reports.
A. Compliance required. A tentative subdivision map application is not considered as filed until the required preliminary reports have been submitted with the map (see PHMC § 17.35.080.B).
B. Preliminary soil report. A preliminary soil engineering report prepared by a geotechnical engineer, based upon adequate test borings or excavations, shall be filed with each application for a tentative subdivision map. The report shall include any information appropriate for the site and geographically contiguous area, including any information required by the city engineer. (Govt. Code §§ 66490, 66491, Bus. and Prof. Code § 6736.1)
C. Preliminary engineering geology report. A preliminary engineering geology report prepared by an engineering geologist shall be submitted with each application for a tentative subdivision map, unless waived by the city engineer. The report shall include any information appropriate for the site and geographically contiguous area, including any information required by the city engineer. (Govt. Code §§ 66490, 66491)
D. Expanded investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the city engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed lot shall be submitted with the final map. (Govt. Code §§ 66490, 66491) (Ord. 752 § 32-5.5, 2000; 1991 code § 32-5.5)
17.25.060 Zoning administrator review and referral.
A. A subdivider shall file a complete tentative map application with the zoning administrator. The application shall include a sufficient number of prints of the tentative map as required by the zoning administrator, together with the filing fee established by city council resolution. The zoning administrator, in consultation and collaboration with the city engineer shall, within 30 days after submittal of the application, determine whether the application is complete in accordance with the requirements of this title and the Permit Streamlining Act. (Govt. Code §§ 65943, 66452)
B. Within five days after the application is accepted as complete, the zoning administrator shall forward copies of the tentative map to the affected public agencies and utilities which have 15 days to submit their findings and recommendations to the zoning administrator. (Govt. Code §§ 66453, 66455, 66455.1, 66455.5, 66455.7; see PHMC § 17.20.090) (Ord. 752 § 32-5.6, 2000; 1991 code § 32-5.6)
17.25.070 Zoning administrator and planning commission review and determination.
A. Notice of public hearings. The zoning administrator shall set a date for a public hearing before the zoning administrator, planning commission or city council, provide notice as required by PHMC § 17.20.050, and prepare a report with recommendations. The report shall include the written recommendations of the city engineer. The zoning administrator shall send a copy of the report to the subdivider at least three days before the public hearing. (Govt. Code § 66452.3)
B. Zoning administrator and planning commission actions. The reviewing body shall approve, conditionally approve, or deny a tentative map within 50 days after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of the California Environmental Quality Act. (Govt. Code §§ 66452.1(a)(b)(c), 65952.1)
If no action is taken within these time limits or an extension mutually approved under PHMC § 17.20.080, the tentative map is deemed approved insofar as it complies with the general plan, an applicable specific plan, this title, including city-approved policies, standards and requirements, the zoning ordinance, and the Subdivision Map Act. (Govt. Code § 66452.4)
The zoning administrator or planning commission may modify or delete a condition of approval recommended in the zoning administrator’s report, except a condition required by the municipal code or the public works standards. The zoning administrator or planning commission may add additional requirements as a condition of its approval. (Govt. Code § 66474.10)
The zoning administrator or planning commission may require that the subdivider defend, indemnify, and hold harmless the city, its agents, officers, and employees from any claim, action, or proceedings against the city to challenge the approval of a subdivision under Government Code section 66474.9.
C. Denial. The zoning administrator or planning commission may deny approval of the tentative map on any of the grounds provided by the Subdivision Map Act or this code. The planning commission or city council must deny approval of the tentative map if it makes any of the following findings: (Govt. Code §§ 66473, 66474, 66474.01, 66474.4, 66474.6)
1. The proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. The site is not physically suitable for the type of development;
3. The site is not physically suitable for the proposed density of development;
4. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (but see Government Code section 66474.01);
5. The design of the subdivision or the type of improvements is likely to cause serious public health problems;
6. 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; or
7. The land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
D. Standards in effect. In determining whether to approve or disapprove a tentative map application, the city shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete. The city may apply ordinances, policies, and standards adopted later if (1) the subdivider applicant requests changes in connection with the same development project and they are approved, or (2) if the city had formally initiated proceedings to amend the general or specific plan, zoning or subdivision ordinance and published notice of the proposed change before the application was accepted as complete. (Govt. Code § 66474.2)
E. Appeal. Any person may appeal a decision of the zoning administrator or planning commission under PHMC § 17.20.060.
F. Form of approved tentative map. Within 90 days after approval of the tentative map, the subdivider shall submit a revised map to the zoning administrator which conforms to any changes required by the conditions of approval. (Ord. 752 § 32-5.7, 2000; 1991 code § 32-5.7)
17.25.080 Expiration of tentative map.
A. Expiration. The approval or conditional approval of a tentative map expires 24 months after its approval. The expiration of the map terminates all proceedings and no final or parcel map may be filed without first processing a new tentative map. (Govt. Code §§ 66452.6(a), (d), 66463.5)
B. Statutory extensions.
1. One hundred twenty-five thousand dollars or more of public improvements. If the subdivider is subject to a requirement of $125,000 or more to construct, improve or finance public improvements outside the tentative map boundaries (excluding public right-of-way improvements which abut the property), each filing of a phased final map extends the expiration of the tentative map by 36 months, not to exceed a total of 10 years. The $125,000 amount shall be adjusted for inflation each year after 1990 as provided in Government Code section 66452.6. (Govt. Code § 66452.6(a)) (For purposes of this section, “filing” of a final map is the date of the city council meeting at which the council receives the map.) (Govt. Code § 66457)
2. Development moratorium. The 24-month period of time specified in subsection A of this section shall not include any period of time during which a development moratorium, defined by State of California Subdivision Map Act Section 66452.6(f), is in existence up to five years. (Govt. Code §§ 66452.6(b), (f), 66463.5(d))
C. Discretionary extensions.
1. General. Upon application of the subdivider submitted before the tentative map expires, the planning commission may approve an extension of the tentative map for a period or periods not to exceed a total of five years. No public hearing is required. (Govt. Code §§ 66452.6(e), 66463.5(c))
2. Pending Litigation. If a lawsuit involving the approval of the tentative map is pending, the city council may, upon request, stay the approval period of the map for up to five years. (Govt. Code § 66452.6(c))
D. Final map and improvement plan review. The subdivider may submit a final map and improvement plans at any time after the tentative map is approved and remains in effect. (See also PHMC § 17.35.050.)
The expiration of the tentative map terminates all proceedings and no final or parcel map may be filed without first processing a new tentative map. However, once the subdivider has timely filed a final map and complete improvement plans with the city engineer, the processing and approval may lawfully occur after the expiration date. Processing may continue (after the tentative map has expired) as long as the subdivider demonstrates reasonable diligence in completing the map and plans and promptly responding to city requests for revisions or corrections, all in the determination of the city engineer. Under no circumstances will a final map or improvement plans be approved more than 12 months after the expiration date of the tentative map. (Govt. Code § 66452.6(d)) (Ord. 752 § 32-5.8, 2000; 1991 code § 32-5.8)
17.25.090 Amendments to an approved tentative map.
A. Minor amendments. The zoning administrator may approve minor amendments to the approved or conditionally approved tentative map or conditions of approval provided that:
1. The changes are consistent with the intent and spirit of the original tentative map approval;
2. No feature, facility, or amenity is deleted which affects the project’s quality, safety, or function;
3. Changes in plans do not reduce natural areas, create new visible retaining or drainage structures, or substantially change pad elevations;
4. Changes in the design do not eliminate or add more units or lots; and
5. There are no resulting violations of this code or the public works standards.
Each amendment shall be indicated on the approved or conditionally approved tentative map and certified by the zoning administrator.
B. Other amendments. Amendments to the tentative map or conditions of approval which, in the opinion of the zoning administrator, are not minor, shall be presented to the planning commission or city council, whichever approved the map, for its consideration at a noticed public hearing. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this title. An approved amendment does not by itself alter the expiration date of the tentative map. (Ord. 752 § 32-5.9, 2000; 1991 code § 32-5.9)
17.25.100 Vesting tentative maps.
A. General. Whenever a tentative map is required, a vesting tentative map may be filed instead. The words “vesting tentative map” must be printed conspicuously on each page of the map. (Govt. Code §§ 66498.1 through 66498.9, 66452)
B. Procedures and requirements. Except as otherwise provided in this section, the procedures and requirements for a tentative map and subdivisions generally apply to a vesting tentative map. The subdivider shall submit additional information at the time of filing the tentative map as set forth in PHMC § 17.25.040.P.
C. Development rights.
1. Development rights created. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city’s ordinances, policies, and standards in effect at the date the city determines the application is complete. If, before the application is complete, the city had formally initiated proceedings to amend an ordinance, policy, or standard, the city may apply the ordinance, policy or standard in its amended form if the amendment is in effect on the date the city approved the tentative map. (Govt. Code §§ 66498.1(b), 66474.2(b))
The approval of a vesting tentative map does not confer a right to proceed with development (including the specific number or configuration of lots) if the development cannot be constructed in conformance with the applicable ordinances, policies and standards.
2. Duration of development rights. The right to proceed with development as set forth in subsection C.1 of this section continues for one year following the recordation of the final map or parcel map. If a project covered by a single vesting tentative map is divided into phases and more than one final map is recorded, the one-year period begins for each phase when the final map for that phase is recorded. (Govt. Code § 66498.5)
3. Expiration of development rights. The right to proceed with development as set forth in subsection C.1 of this section expires if a final map is not approved before the vesting tentative map expires under PHMC § 17.25.080. (Govt. Code § 66498.5)
If the subdivider submits a complete application for a building permit during the one-year period specified in subsection C.2 of this section, the right to proceed with development continues until the building permit expires. (Govt. Code § 66498.5(d))
If a final map is recorded based upon a vesting tentative map and the development rights expire, the final map remains in effect without the development rights.
4. Extension of time for exercise of development rights. If the city does not complete processing of an application for a grading permit or for design or architectural review within 30 days of the date the application is complete, the one-year period specified in subsection C.2 of this section is automatically extended by the time exceeding the 30-day period used by the city to complete processing. (Govt. Code § 66498.5)
Before the expiration of the one-year specified in subsection C.2 of this section, a subdivider may apply to the planning commission for a one-year extension. (Govt. Code § 66498.5)
D. City’s right to condition or deny approval.
1. This chapter does not: (1) enlarge or diminish the types of conditions which the city may impose on a development; or (b) diminish or alter the city’s power to protect against a condition dangerous to the public health or safety. (Govt. Code § 66498.6)
2. The city may condition or deny a permit, approval, extension, or entitlement relating to a vesting tentative map if it determines that either: (a) the failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety, or (b) the condition of denial is required to comply with state or federal law. (Govt. Code § 66498.1(c)) (Ord. 752 § 32-5.10, 2000; 1991 code § 32-5.10)