Tentative maps shall comply with the provisions of the Subdivision
Map Act, zoning regulations of the City, this Title, and any other
ordinance, statute or law pertaining to the use, sale, leasing or
subdivision of land within the City.
(Ord. 249 § 3, 1989)
Tentative maps shall be filed with the Planning Director. A
tentative map shall not be accepted for filing until:
(a)
Submission of Maps. The required number of maps and accompanying
materials have been submitted;
(b)
Environmental Determination. An environmental determination has been
issued for the project or, if the determination is appealed, upon
conclusion of the appeal;
(c)
Payment of Fees. The subdivider has paid a fee for the examination
and processing of the map, in an amount established by resolution
of the Council.
(Ord. 249 § 3, 1989)
Upon filing a tentative map, the subdivider shall immediately
place a conspicuous stake and flag at each corner of the property
proposed to be subdivided. This stake shall extend at least three
feet above the ground.
(Ord. 249 § 3, 1989)
A revised tentative map may be submitted at any time prior to action on the map by the Commission, subject to the provisions of Chapter 20.32.
(Ord. 249 § 3, 1989)
Upon the filing with the Director of the required number of copies of the tentative map, one (1) copy thereof shall be immediately forwarded to each of the following as may be concerned: the highways division; any municipality entitled thereto; any district referred to in Section 20.12.090; any municipal, utility, community services, school or other duly authorized district requesting a copy; and any utility company serving the area with its facilities and requesting a copy. The staff may increase the number of copies required to be filed as may be necessary.
(Ord. 249 § 3, 1989)
Each of the officers, departments, municipalities, districts
or agencies which are the subject of the map distribution shall be
requested to report to the Planning Commission their findings, requirements
and/or recommendations within fifteen (15) working days.
The failure of any officer, department, municipality, district
or agency to report to the Commission in writing within fifteen days
(15) after transmittal of the tentative map shall be deemed approval,
except that an additional five (5) days shall be granted upon the
written request of a recipient of a map.
(Ord. 249 § 3, 1989)
(a)
Public Hearing. The Commission shall hold at least one (1) public hearing on each tentative map filed, and as many additional hearings as may be necessary. The public hearing shall be duly noticed in conformance with the provisions Stated in Section 20.04.080 and may be held in conjunction with public hearings on other approvals. The Commission shall take no action on a tentative map until at least fifteen (15) days after the date of filing and shall take no action on a revised tentative map until at least one (1) day after filing.
(b)
Report to the Commission. The Planning Director shall hold at least
one (1) meeting on each tentative tract map filed, and as many additional
meetings as may be necessary, with the subdivider or the subdivider's
agent. Such meetings shall be held for the purpose of reviewing technical
and factual reports with the subdivider and for the purpose of preparing
a report for the Commission.
The report shall contain such factual and technical information
as the Planning Director may deem to be of interest or assistance
to the Commission or to any other interested person, officer, department,
municipality, district or agency. Such report shall also include the
recommendations of the Planning Director and shall be made available
to any interested person, officer, department, municipality, district
or agency. Any reports or recommendations on the tentative map that
are submitted to the Commission shall also be submitted, in writing,
to the subdivider at least three (3) working days prior to the public
hearing.
(c)
Report for Tentative Map. The report for tentative maps to the Commission
shall determine and verify the following:
(1)
That the tentative map complies with all the requirements of the
zoning regulations, or with pending zoning requirements that have
been adopted by the Council but have not yet become effective, and
with any applicable general and specific plans;
(2)
That the requirements imposed upon the subdivision would not render
infeasible the development of housing for all segments of the economic
community and that the effect of any actions on the map considers
the housing needs of the region and is balanced against the public
service needs of its residents and available fiscal and environmental
resources;
(3)
That the design of the subdivision provides, to the extent feasible,
for future passive or natural heating or cooling opportunities in
the subdivision;
(4)
That the tentative map complies with all the City's local park
code requirements; and
(5)
That the tentative map complies with all of the requirements of this
Title.
(d)
Action of the Commission. The action of the Commission shall be to
recommend approval, conditional approval or denial of the tentative
map as filed.
(e)
Action Reported to Subdivider. The recommendation of approval, conditional
approval or denial of the tentative map by the Commission shall be
reported, in writing, directly to the subdivider. This requirement
shall be deemed to have been complied with when a report of the Commission's
action has been placed in the mail directed to the subdivider at its
designated address and bearing the proper postage.
(Ord. 249 § 3, 1989)
(a)
Public Hearing. The Council shall hold at least one (1) public hearing on each tentative map filed, and as many additional hearings as may be necessary. The public hearing shall be duly noticed in conformance with the provisions Stated in Section 20.04.080 and may be held in conjunction with public hearings on other approvals. The Council shall take no action on a tentative map until at least fifteen (15) days after the date of filing and shall take no action on a revised tentative map until at least one (1) day after filing.
(b)
Review of Planning Commission's Recommendations and the Planning
Director's Report. The Council shall receive from the Planning
Commission the Commission's recommendations along with the Planning
Director's report and shall review and consider the same in
its deliberations.
(c)
Council Action. The action of the Council shall be to approve, conditionally
approve or deny the tentative map as filed. The action of the Council
may include conditional approval of a tentative map not in compliance
with existing zoning regulations, provided that such action includes
a condition that a final map or parcel map of the subject parcel of
land shall not be recorded until the appropriate zoning regulations
have become effective.
(d)
Action Reported to Subdivider. The approval, conditional approval,
or denial of the tentative map by the Council shall be reported, in
writing, directly to the subdivider. This requirement shall be deemed
to have been complied with when a report of the Council's action
has been placed in the mail directed to the subdivider at its designated
address and bearing the proper postage.
(e)
Time Limits for Planning Commission and Council Actions. The time
limits for action by the Commission and the Council shall be as set
forth in Government Code Sections 66452.1 and 66452.2. Time limits
specified in the Subdivision Map Act may be extended by mutual consent
of the subdivider and the Commission.
(Ord. 249 § 3, 1989)
(a)
When the Planning Director and/or the Planning Commission find that
minor changes should be made in an approved tentative map, the director
or Commission may, with the consent of the subdivider, resubmit the
tentative map to the Council for approval of the changes.
(b)
The approval by the Council of the minor changes shall not affect
the time period within which the subdivider must prepare and file
the final map.
(Ord. 249 § 3, 1989)
Any subdivider or owner of property upon which a tentative map
has been filed may withdraw such map at any time prior to final action
thereon. Notice of withdrawal shall be made to the Planning Director
in writing. Upon receipt of such notice, the Planning Director shall
notify each person, officer, department, municipality, district or
agency from which a report was requested when the tentative map was
filed. Upon the completion of such notification, the tentative map
shall have been officially withdrawn. Any charges accrued for case
processing shall be determined and the appropriate refund or balance
paid.
(Ord. 249 § 3, 1989)
Within a period of thirty-six months (36) after the date of
the approval or conditional approval of the tentative map by the Council,
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, and filed in accordance with the Subdivision
Map Act and this Title.
Upon written application of the subdivider, extension(s) not
exceeding a total of three (3) additional years may be granted by
the Council. An application for an extension of time shall be filed
prior to the expiration date as previously approved by the advisory
agency or Council. As a condition to granting an extension of time,
the Council may require compliance with any reasonable requirements
deemed necessary to carry out the spirit and intent of this Title.
(Ord. 249 § 3, 1989)
(a)
In the event that a tentative map is disapproved by the Council,
a new tentative map for the same area or portion thereof may be filed
within six (6) months of the date of disapproval upon payment of one-half
(1/2) of the original fee.
(Ord. 249 § 3, 1989)
