A tentative map shall be required for all subdivisions pursuant
to the Subdivision Map Act and for all subdivisions creating five
or more parcels, five or more condominiums as defined in Section 783
of the
Civil Code, a community apartment project containing five or
more parcels, for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units, unless excepted or otherwise
required by this title or the Subdivision Map Act.
(Ord. 88-O-117 § 1, 1988)
A tentative map shall not be required for the following, but in each case a parcel map shall be required pursuant to Chapter
22.80 of this title.
(1) The land before division contains less than five acres, each parcel
created by the division abuts upon a maintained public street or highway
and no dedications or improvements are required by the city; or
(2) Each parcel created by the division has a gross area of 20 acres
or more and has an approved access to a maintained public street or
highway; or
(3) The land consists of a parcel or parcels of land having approved
access to a public street or highway which comprises part of a tract
of land zoned for industrial or commercial development, and which
has the approval of the city as to street alignments and widths; or
(4) Each parcel created by the division has a gross area of not less
than 40 acres or is not less than a quarter of a quarter section;
(5) Exceptions as permitted pursuant to Section
22.80.020 of this title.
(Ord. 88-O-117 § 1, 1988)
Prior to the filing of a tentative map of a subdivision, a tract
number shall be obtained from the county surveyor.
(Ord. 88-O-117 § 1, 1988)
The initial action in connection with the making of a subdivision shall be the preparation of a reproducible tentative map or maps, which shall comply with Chapters
22.16 through
22.64, and shall include the following data:
(1) A location map at a minimum scale of one inch equals 1,000 feet indicating
the location of the proposed subdivision and the land use in the surrounding
area;
(2) Name and address of record owner or owners and subdivider;
(3) Name and address of registered civil engineer or licensed surveyor,
who prepared the tentative map;
(4) Date of preparation, north point and scale:
(A) Minimum scale one inch equals 100 feet,
(B) Minimum map size 18 inches by 26 inches;
(5) The tentative tract number and date;
(6) Tract number or name of all adjacent subdivisions, location of, names
and width of adjacent streets, highways, alleys and ways, together
with the type and location of street improvements thereon;
(7) The existing contour of the land including all adjacent properties
within 200 feet at intervals of not more than two feet on areas having
a cross slope of 10% or less and five feet for all other areas, and
delineation of any areas subject to periodic inundation;
(8) Sufficient data to define the boundaries of the tract, or a legal
description of the tract and blue border on reverse side of map to
indicate tract boundaries. The tentative map shall show the planned
schedule of development of the final map;
(9) Width, location and purpose of all existing and proposed public or
private easements; including oil well and oil line easements, when
applicable;
(10) The width, grade and direction of flow of drainage on all streets,
highways, alleys and other rights-of-way proposed for dedication or
not, and the approximate elevation of all street intersections;
(12) All lots shall be numbered consecutively throughout the entire development;
the dimensions of all lots; lot areas for all lots not rectangular
in shape, and lot elevations shall be shown;
(13) The locations of areas subject to inundation by storm water overflow,
the location, width and direction of flow of all watercourses existing
and proposed; and the flood zone and flood level;
(14) The location and outline to scale of each existing building or structure
within the subdivision, noting thereon whether or not such building
or structure is to be removed from or remain in the development of
the subdivision, and its future use;
(15) Cross section of typical lot showing building pad;
(16) The location, pipe size and grades of proposed sewers, water line
and underground storm drains, and all other utilities, existing or
proposed;
(17) The location of all trees over six inches in diameter (where stands
of trees are located, individual trees need not be shown, but as a
group);
(18) The location of existing fences, wells, irrigation pipes, cesspools,
sewers, culverts, drain pipes, underground structures, sand, gravel,
excavation or other excavation within 200 feet of any portion of the
subdivision, noting thereon whether they are to be abandoned or used;
(19) Street profile and cross sections, if necessary in the opinion of
the city engineer;
(20) The net and gross area of the subject property expressed in acres;
(21) Where excessive grades or grading is apparent a grading plan shall be submitted pursuant to Chapter
20.40 before tentative map submittal.;
(22) To the extent feasible, the design of the subdivision shall provide
for future passive or natural heating or cooling opportunities in
the subdivision pursuant to the requirements of Section 66473.1 and
Section 66475.8 of the Subdivision Map Act and as required by the
Placentia Municipal Code.
(Ord. 88-O-117 § 1, 1988)
The tentative map shall show thereon, or be accompanied by reports
and written statements from the subdivider giving essential information
regarding the following matters:
(1) Statement regarding existing zoning and proposed use;
(2) Statement regarding intention of subdivider relative to erosion control and improvements to be constructed by him, as required in Chapters
20.20,
22.16 through
22.64 and other laws of the city;
(3) Statement as to front yard depths and building lines;
(4) Proposed source of water supply and sewage disposal, indicating whether or not Chapter
22.64 can be complied with;
(5) Proposed public areas to be dedicated or scenic easements proposed;
(6) Statement as to development of lots (whether for sale as lots or
fully developed houses and lot;
(7) Written statement from the owner or owners of the land sought to
be subdivided expressly authorizing the submission of the tentative
map by the subdivider to the city;
(8) A preliminary title report shall be filed with the city;
(9) "Designated remainder" parcels shall be treated in conformance
with the provisions of the Subdivision Map Act.
(10) Liens. In the event that an owner's development lien has been
created on the real property or portion thereof subject to the tentative
map, a notice shall be placed on the face of the tentative map specifically
referencing the book and page in the county recorder's office
in which the resolution creating the owner's development lien
was recorded. The notice shall state that the property to be subdivided
is subject to an owner's development lien and that each parcel
created by the recordation of the map shall be subject to a prorated
amount of the owner's development lien on a per acre or portion
thereof basis.
(Ord. 88-O-117 § 1, 1988)
A copy of any condition, restrictive reservation or covenant existing or proposed shall be attached to the statement mentioned in Section
22.72.030.
(Ord. 88-O-117 § 1, 1988)
The tentative map shall be prepared in substantial compliance
with the Subdivision Map Act and the provisions of this title prior
to filing with the secretary to the planning commission. The filing
shall be prior to the completion of final surveys of streets and lots
and before any grading or construction work is done within the proposed
subdivision, which might be affected by changes in the tentative map,
and:
(1) A tentative map shall be considered complete for consideration by the planning commission only when all the information and materials required by Sections
22.72.010 through
22.72.040 have been filed. If the tract is a portion of a large area which may be subdivided later, the tentative map shall indicate the ultimate plan for the entire development.
(2) Each person applying for approval of a tentative map shall file 20
legible blue or black line print copies of the tentative map and the
required application materials on file with the planning division,
with the secretary to the planning commission. Said maps shall be
prepared by a licensed land surveyor or registered civil engineer
licensed in the state, as provided for in the Business and Professions
Code and shall be based upon a field survey, unless public records
are sufficiently complete to establish the required information.
(3) Each person applying for approval of a tentative map shall also pay
the filing fee prescribed by the city fee schedule, at the time of
map filing.
(Ord. 88-O-117 § 1, 1988)
(a) A local agency may make recommendations concerning proposed subdivisions
in the city or in any adjoining unincorporated territory provided
such subdivisions are within three miles of the exterior boundary
of the local agency.
(b) A local agency which desires to make recommendations concerning such
proposed subdivision shall file with the city a map indicating the
territory in which it desires to make such recommendations.
(c) Upon receipt of such territorial map, the city shall issue a receipt
therefor and shall thereafter transmit to the official designated
by such local agency one copy of each tentative tract map of subdivisions
located wholly or partially within the territory outlined on the territorial
map. Such transmission shall be within five days after the receipt
of the tentative tract map.
(Ord. 88-O-117 § 1, 1988)
(a) Within 10 days of the filing of a tentative map as provided for in
the Subdivision Map Act and this title, the secretary to the planning
commission shall send a notice of the filing of the tentative map
to the governing board of any elementary, high school or unified school
district with the boundaries in which the subdivision is proposed
to be located.
(b) Such 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.
(c) Such school governing board may review the notice and may send a
written report to the city. If a written report is made by the governing
board, the report shall indicate the impact of the proposed subdivision
on the affected school district and shall make such recommendations
as the governing board of the district deems appropriate.
(d) If a written report is made by the governing board, such report shall
be returned within 20 working days of the date on which the notice
was mailed to the school district for comment.
(e) In the event that the governing board of any such district fails
to respond within the 20 day period, such failure to respond shall
be deemed approval of the proposed subdivision.
(Ord. 88-O-117 § 1, 1988)
(a) Upon receipt of a complete tentative map application, the secretary
to the planning commission shall prepare a report with recommendations
and shall set the matter for public hearing before the planning commission.
At least 10 calendar days before the public hearing, a notice shall
be given of the time, date and place of the hearing, including a general
explanation of the matter to be considered and a general description
of the area affected. The notice shall be published at least once
in a newspaper of general circulation, published and circulated in
the city. In addition to notice by publication, notice of the hearing
shall be given by mail or delivery to all property owners as indicated
on the latest equalized assessment roll within a 300 foot radius of
the exterior boundary lines of the property which is the subject of
the proposed application.
(b) The secretary to the planning commission may give such other notice
that is deemed necessary or advisable.
(c) 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 this chapter.
(Ord. 88-O-117 § 1, 1988)
(a) The planning commission shall report, in writing, to the city council
on any tentative map within 50 days of the date of filing with the
secretary of the planning commission unless this time period is extended
by mutual consent of the planning commission and the subdivider. However,
if an environmental impact report is prepared for the tentative map,
the 50 day period specified in this section shall not be applicable
and the advisory agency shall render its report or decision required
by this section within 45 days after certification of the environmental
impact report. Failure to act within either the time limits prescribed
or the agreed upon extension shall be deemed approval of the tentative
map.
(b) Any reports or recommendations on the map of any subdivision submitted
to the planning commission shall be submitted in writing to the subdivider
at least three days prior to final action by the planning commission.
(c) Upon the basis of the above points, the planning commission shall
recommend to the city council the approval, conditional approval,
or denial of said map. The commission shall transmit to city council
a copy of the tentative map and a copy of the report setting forth
the recommendation of the commission thereon within the specified
time. The planning commission shall make the findings regarding the
following facts in conformity with
Government Code Sections 66473.5
and 66474 as amended.
(1) The subdivision is consistent with the adopted general plan and any
specific plans;
(2) The design or improvement is consistent with the general plan and
any specific plans;
(3) The site is physically suitable for the proposed type and/or density
of development;
(4) The design or improvements are not likely to cause substantial environmental
damage;
(5) The design or type of improvement is not likely to cause serious
public health problems;
(6) The design or type of improvement will not conflict with easements
of record, or established by judgment, acquired by the public at large
for access through or use of property within the proposed subdivision
or if an easement conflict exists, alternate easements which are substantially
equivalent will be provided;
(7) The subdivision is in conformity with the provisions of this title.
(d) The planning commission may require as a condition of its approval
that the payment by the subdivider of all development fees required
to be paid at the time of the application for, or issuance of, a building
permit or other similar permit shall be made at the rate of such fees
in effect at the time of such application or issuance.
(e) The planning commission may modify or delete any of the conditions
of approval recommended in the staff report. The planning commission
may add additional requirements as a condition of its approval.
(Ord. 88-O-117 § 1, 1988; Ord. 88-O-122 § 3, 1988)
(a) At the next regular meeting of the city council after receipt of
the planning commission report, the city council shall consider the
map, or shall set the meeting date at which the map will be considered,
which date shall be within 30 days after receipt of the planning commission
report.
(b) Any reports or recommendations on the map or maps of any subdivision
submitted to the planning commission or city council shall be submitted
in writing to the subdivider prior to final action on the map or maps
by the city council.
(c) The city council may deny a tentative map because of flood hazard
and inundation or may require protective improvements to be constructed
as a condition precedent to approval of the map.
(d) The decision of the city council shall be final, and no other administrative
appeal may be taken.
(Ord. 88-O-117 § 1, 1988)
After the approval of the tentative map of any subdivision,
the subdivider shall furnish the following information to the city
engineer and shall receive authorization of the city engineer before
submittal of the final map to the city council:
(1) Five copies of the grading plan consisting of typical cross sections
and finished grades of all lots, roads, streets and highways in the
proposed new subdivision per city standards;
(2) Five copies of plan-profile drawings on all streets, sanitary sewer
and storm drainage improvements; utilities may be shown in plan only.
All tracings or duplicate tracings shall be filed with the city engineer.
All work shall be submitted to the city engineer for written approval.
Scale shall be one inch equals 40 feet plan and one inch equals four
feet profile on 24 by 36 inch size sheets, mylar or approved equal,
with city standard title block, unless otherwise approved by the city
engineer;
(3) Estimated costs of improvements to be dedicated to the city or other
servicing agencies. The cost of estimate shall include 10% contingency;
(4) Five copies of preliminary utility plans;
(5) Five copies of the proposed final map;
(6) Two copies of preliminary soils analysis report data; when a soils
report, geologic report or soils and geologic report has been prepared
specifically for the subdivision, each report shall be kept on file
for public inspection;
(7) A hydrology and hydraulic study of the proposed development;
(8) Any other pertinent information required by the conditional approval
of the city and city engineer;
(9) An improvement plan checking fee and final map fees as prescribed
in the city fee schedule shall be submitted in conjunction with the
plans required in this section.
(Ord. 88-O-117 § 1, 1988)
(a) Minor amendments to the approved or conditionally approved tentative
map or conditions of approval may be approved by the director of development
services upon application by the subdivider, provided:
(1) No lots, units or building sites or structures are added;
(2) Changes are consistent with the intent and spirit of the original
tentative map approval;
(3) There are no resulting violations of this code or the Subdivision
Map Act.
(b) The amendment shall be indicated on the approved or conditionally
approved tentative map and certified by the director of development
services.
(c) Amendments to the tentative map or conditions of approval, which, in the opinion of the director of development services are not minor, shall require a revised tentative map. Processing shall be in accordance with Section
22.72.090. Any approved amendment shall not alter the expiration date of the tentative map.
(Ord. 88-O-117 § 1, 1988)
(a) Revised tentative maps shall comply with all of the requirements of Sections
22.72.010 through
22.72.050.
(b) Action on revised tentative maps shall conform to the procedures established in Sections
22.72.060 and
22.72.070.
(c) A revised tentative map submitted after compliance with provisions of Section
22.72.080, which involves a major change in the street layout of the previous submittal shall be subject to the following:
(1) Forfeiture of the improvement plan checking fee for the previous
submittal;
(2) Repayment of the improvement plan checking fee as specified in Section
22.72.080(9) and based on the design of the revised tentative map.
(Ord. 88-O-117 § 1, 1988)
(a) Within 24 months after approval or conditional approval of the tentative
map or maps, the subdivider shall cause the subdivision or any part
thereof, to be surveyed and a final map to be prepared in accordance
with the tentative map as approved or conditionally approved.
(b) Upon application by the subdivider, the time limit may be extended
a total of 12 months by the city council.
(c) Pursuant to Section 66452.6(e) of the
Government Code and upon application of the subdivider, the time at which the map expires pursuant to subsections
(a) and
(b), may be extended by the city council for a period or periods not to exceed a total of three years. The extension specified in this subsection shall be in addition to the period of time provided by subsections
(a) and
(b).
(d) When there are multiple final maps on one tentative map, and if the
subdivider is required to expend $125,000 or more to construct, improve
or finance the construction or improvement of public improvements
outside the property boundaries of the tentative map, excluding improvements
of public rights-of-way which abut the boundary of the property to
be subdivided and which are reasonably related to the development
of that property, then each filing of a final map shall extend the
expiration of the approved or conditionally approved tentative map
by 36 months from the date of its expiration, as provided in this
section, or the date of the previously filed final map, whichever
is later. The extensions shall not extend the tentative map more than
10 years from its approval or conditional approval.
(e) Any failure to record a final map, or any extension thereof granted
by the city council shall terminate proceedings. Before a final map
may thereafter be recorded, a new tentative map shall be submitted.
(Ord. 88-O-117 § 1, 1988; Ord. 92-O-122 § 3, 1992; Ord. 94-O-101 § 1, 1994)