A tentative map shall be required wherever a final map or parcel
map is required by the Subdivision Map Act, unless specifically waived
by the provisions of this title or the Subdivision Map Act.
(Ord. 2747 § 1, 1993; Ord. 6477 § 4, 2022)
Whenever a tentative map is required, the subdivider shall submit to the director a complete tentative map application to be processed in accordance with the provisions of this chapter and title. An application shall be processed pursuant to Chapter
18.06 unless it is a parcel map associated with a residential multi-unit (three or more units) or mixed use housing project that provides a minimum of 20 percent of the units as affordable units for low, very-low or extremely low income households and where the applicant agrees to enter into an affordable housing agreement prior to recordation of the parcel map (hereinafter affordable housing project), or the application meets the following qualifying criteria for a ministerial parcel map:
A. The
parcel is located within a single-family residential zone, which are
the city's single-family residential (R1) and small lot residential
(RS) zones.
B. The
parcel map subdivides an existing parcel to create no more than two
new parcels of approximately equal lot area provided that one parcel
shall not be smaller than 40 percent of the lot area of the original
parcel proposed for subdivision.
C. Both
newly-created parcels are a minimum of 1,200 square feet.
D. The
parcel being subdivided has not been established through prior exercise
of a parcel map pursuant to this section, nor has the owner or any
person acting in concert with the owner previously subdivided an adjacent
parcel pursuant to this section.
E. The
proposed parcel map would not require demolition or alteration of
any of the following types of housing:
1. Housing
subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or
very low income.
2. Housing
which has been occupied by a tenant anytime within the last three
years.
3. Housing
subject to any form of rent or price control through a public entity's
valid exercise of its police power.
4. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under
Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title
1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
F. The
parcel is not located within a historic district or property included
on the State Historic Resources Inventory, as defined in Section 5020.1
of the
Public Resources Code, or within a site that is designated
or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.
G. The
parcel is not located on a site that is or contains any of the following,
pursuant to
Government Code subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section 65913.4:
1. Either
prime farmland or farmland of statewide importance, as defined pursuant
to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared
by the Farmland Mapping and Monitoring Program of the Department of
Conservation, or land zoned or designated for agricultural protection
or preservation by a local ballot measure that was approved by the
voters of that jurisdiction.
2. Wetlands,
as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
3. Within
a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to
Government Code Section
51178, or within a high or very high fire hazard severity zone as
indicated on maps adopted by the Department of Forestry and Fire Protection
pursuant to Section 4202 of the
Public Resources Code. This subparagraph
does not apply to sites excluded from the specified hazard zones by
a local agency, pursuant to subdivision (b) of Section 51179 of the
Government Code, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development.
4. A
hazardous waste site that is listed pursuant to
Government Code Section
65962.5 or a hazardous waste site designated by the Department of
Toxic Substances Control pursuant to Section 25356 of the Health and
Safety Code, unless the State Department of Public Health, State Water
Resources Control Board, or Department of Toxic Substances Control
has cleared the site for residential use or residential mixed uses.
5. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code), and by any local building department under
Government Code Chapter 12.2 (commencing with Section 8875) of Division 1 of Title
2.
6. Within
a special flood hazard area subject to inundation by the one percent
annual chance flood (100-year flood) as determined by the Federal
Emergency Management Agency in any official maps published by the
Federal Emergency Management Agency. If a development proponent is
able to satisfy all applicable federal qualifying criteria in order
to provide that the site satisfies this subparagraph and is otherwise
eligible for streamlined approval under this section, a local government
shall not deny the application on the basis that the development proponent
did not comply with any additional permit requirement, standard, or
action adopted by that local government that is applicable to that
site. A development may be located on a site described in this subparagraph
if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by
the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter
I of Title 44 of the Code of Federal Regulations.
7. Within
a regulatory floodway as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency, unless the development has received a no-rise certification
in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal
Regulations. If a development proponent is able to satisfy all applicable
federal qualifying criteria in order to provide that the site satisfies
this subparagraph and is otherwise eligible for streamlined approval
under this section, a local government shall not deny the application
on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that
local government that is applicable to that site.
8. Lands
identified for conservation in an adopted natural community conservation
plan pursuant to the Natural Community Conservation Planning Act (Chapter
10 (commencing with Section 2800) of Division 3 of the Fish and Game
Code), habitat conservation plan pursuant to the federal Endangered
Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted
natural resource protection plan.
9. Habitat
for protected species identified as candidate, sensitive, or species
of special status by state or federal agencies, fully protected species,
or species protected by the Federal Endangered Species Act of 1973
(16 U.S.C. Section 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code).
10. Lands under conservation easement.
(Ord. 6477 § 4, 2022)
Whenever a tentative map is required, the subdivider shall submit
to the director a complete tentative map application to be processed
in accordance with the provisions of this chapter and title.
A complete application shall include the following:
A. Application
Form.
1. The
application shall be in a form specified by the director and shall
be accompanied with the correct filing fee;
2. A
description of the applicant's interest in the property shall be stated
on the application form;
3. A
dated signature by the property owner, or owners, authorizing the
processing of the application, and, if so desired by the property
owner, authorizing a representative to bind the property owner on
matters addressed in the application.
B. Tentative
Map: Preparation, Form and Number of Copies.
1. The
tentative map shall be clearly and legibly drawn and prepared by or
under the direction of a registered civil engineer or licensed land
surveyor.
2. The
scale of the map shall be at least one inch equals 40 feet unless
otherwise specified by the director. If necessary to provide the proper
scale, more than one sheet may be used, but the relation of the several
sheets shall be clearly shown on each.
3. No
single sheet shall exceed 60 inches in length and 42 inches in width.
4. Full
size copies, and one copy reduced to eight and one-half inches by
11 inches (suitable for reproduction) of the tentative map. The number
of the tentative map copies shall be specified by the director.
C. The
following information shall appear on the face of the tentative map:
1. The
proposed subdivision name;
2. Names,
addresses and telephone numbers of the record owner and subdivider
of the land;
3. Name,
address and telephone number of the person, firm or organization that
prepared the tentative map, and the applicable registration or license
number;
4. Date
of preparation, north arrow and scale of the map;
5. If
the tentative map is based on a survey, the date of the survey;
6. A
vicinity map of appropriate scale sufficiently covering adjoining
territory to clearly indicate the nearby street patterns, major access
streets, property lines, and other adjacent properties in the subdivider's
ownership (north arrow pointing in the same direction as the north
direction of the subdivision);
7. A
statement of existing and proposed zoning and general plan categories,
and existing and proposed uses of the property, with the approximate
areas of the proposed uses by type;
8. Boundaries
and dimensions of the property(ies) involved in the subdivision, with
sufficient information to locate the property(ies), and the total
area of the subdivision;
9. A
list of all service providers and districts, including water, sewer,
electric, natural gas, phone, cable and schools;
10. The name of all adjacent subdivisions, if any, and property lines
sufficient to show their relationship to the proposed subdivision;
11. Contour lines at intervals of not more than two feet where the general
slope of the property is less than 10 percent, and/or at five-foot
intervals where the general slope of the property exceeds 10 percent.
Contour lines shall extend beyond the tract boundaries where necessary
to show drainage conditions on surrounding property which may affect
the subdivision;
12. Topographic information shall be sufficient to fully show the configuration
of the land and any and all depressions that present drainage problems;
13. The location and general description of any trees with notations
as to their specimen type, and other significant natural features
with notations as to their retention or destruction;
14. The location of all structures within the subdivision boundaries,
notations if they are to remain or be removed, and their distances
from other structures and existing or proposed streets and lot lines;
15. The locations, widths and purposes of all existing and proposed easements
for utilities, drainage and other public or private purposes, shown
by dashed lines, within and adjacent to the subdivision;
16. The location of any 100-year future floodplain. The city engineer
may require additional hydrologic analysis to update or determine
the boundaries of the 100-year floodplain;
17. Any area of fill or excavation and their respective quantities within
the 100-year future floodplain;
18. The locations, widths and names or designations of all existing or
proposed streets, alleys, pedestrian ways and other rights-of-way,
whether public or private, within and adjacent to the subdivision
(including the radius of each centerline curve);
19. The lines and approximate dimensions of all lots, with sequential
numbers assigned to each;
20. The total number of lots (listed by phase, if applicable);
21. The total area in square footage or acreage to the nearest one-tenth
acre of each lot proposed to be utilized for other than single-family
or two-family housing; and
22. A statement on the face of the tentative map declaring that all easements
of record are shown on the tentative map and will appear on the final
maps.
D. Additional
Information and Plans Required With Ministerial Tentative Map Application.
In addition, the following plans and information shall be submitted
with a tentative map application:
1. A
statement of proposed improvements, including all utilities and landscaping;
and
2. A
preliminary title report issued not more than six months prior to
its submission to the city.
3. Except
for an affordable housing project, an affidavit signed by the applicant
stating that the applicant intends to occupy one of the housing units
as their principal residence for a minimum of three years from the
date of the approval of the parcel map. This requirement shall not
apply to an applicant that is a "community land trust," as defined
in clause (ii) of subparagraph (C) of paragraph (11) of subdivision
(a) of Section 402.1 of the
Revenue and Taxation Code, or is a "qualified
nonprofit corporation" as described in Section 214.15 of the Revenue
and Taxation Code. The affidavit shall further state that the applicant
understands that uses allowed on the newly-created lots shall be limited
to residential uses.
(Ord. 6477 § 4, 2022)
Within 30 days of receiving a tentative map application the planning department shall, in writing, determine if the application meets the requirements of Section
18.05.020 and Section
18.05.030. When an application is either ineligible for the ministerial parcel map process or is missing any required information it will not be processed. Prefiling occurs on the date that the application is received with all required information.
(Ord. 2747 § 1, 1993; Ord. 3286 § 3, 1998; Ord. 6477 § 4, 2022)
Within five days of prefiling the director will refer copies
of the tentative map application to any city department, local, state
or federal agency, or other individual or group the director believes
may be interested in the project. If no response is received within
21 days of the referral date, the director will assume that the outside
agency, individual or group has no comments.
(Ord. 2747 § 1, 1993; Ord. 6477 § 4, 2022)
Pursuant to
Government Code Section 65943, a tentative map application shall be accepted as complete by the director if it meets the requirements of Section
18.05.030 of this title.
Within 30 days of prefiling, the director shall send a letter
to the applicant indicating:
A. If all of the required information for a tentative map application has been correctly submitted pursuant to Section
18.05.030; and
B. All
information necessary to accept a complete application and to clarify,
amplify, correct or supplement the application; and
C. Suggested design changes or conditions of approval which may need to be met in order to receive approval. If the director determines additional information is required, and the additional information has not been received within six months of the letter requesting the information, then the application shall be deemed withdrawn, unless extended pursuant to Section
18.06.150.
(Ord. 2747 § 1, 1993; Ord. 6477 § 4, 2022)
An application shall be deemed filed in accordance with Section 66452.1 of the Subdivision Map Act on the date the tentative map application is accepted as complete as specified in Section
18.05.060.
(Ord. 2747 § 1, 1993; Ord. 6477 § 4, 2022)
After an application is filed, the city engineer shall approve
the tentative map based upon the minimum findings below, and in accordance
with the requirements of this title.
A. The
tentative map conforms to all applicable objective requirements of
the Subdivision Map Act (Division 2 (commencing with Section 66410)),
except as otherwise expressly provided in this section.
B. The
tentative map conforms to objective zoning standards, objective subdivision
standards, and objective design review standards, except that conformance
is not required where imposition of the standards would have the effect
of physically precluding the construction of two units on either of
the resulting parcels or that would result in a unit size of less
than 800 square feet, nor shall it be required to correct existing
non-conforming zoning conditions.
C. The
tentative map provides necessary easements for the provision of public
services and facilities.
D. The
parcels have access to, provide access to, or adjoin the public right-of-way.
E. The
project will not have a specific, adverse impact, as defined and determined
in
Government Code paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
(Ord. 6477 § 4, 2022)