Any subdivider seeking approval of a tentative map shall submit
at least three copies of the completed map and application to the
Planning Department. No tentative map shall be accepted as complete
by the Planning Director unless it, the application and the associated
documents comply with the requirements for tentative map applications
pursuant to this title and State law. No tentative map shall be accepted
as complete unless there are references on the tentative map to the
type of legal access. The reference shall be to recorded deed, parcel
or final map, court order or other right to access.
(Ord. 2006-03 § 2)
The tentative map shall identify the total property proposed
to be subdivided, shall show the plan of development proposed in detail.
Tentative maps shall contain the following information:
A. The
tract name or number, date of submission, north arrow, scale, a description
sufficient to define the location and boundaries of the proposed tract
and ties to existing permanent monument of record;
B. Name
and address of record owner or owners;
C. Name
and address of the subdivider;
D. Name
and business address and license number of the registered engineer
or licensed surveyor who prepared the tentative map;
E. Sufficient
elevations or contours to determine the general slope of the land,
the high and low points thereof, and all drainage features. Areas
subject to inundation or overflow shall be indicated. If any portion
of the property is identified on the Flood Hazard Boundary Maps, the
map shall identify the flood hazard area and the base flood elevation
at the property;
F. The
proposed locations, names, widths, and approximate grades and curve
radii and horizontal alignment of all streets in the proposed subdivision;
G. The
locations, names and existing pavement and right-of-way widths of
all streets and highways adjoining or contiguous to the proposed subdivision;
H. Private
roads, if any. If private roads are allowed, they shall conform to
this title and the City improvement standards;
I. The
approximate widths, locations, purposes, and restrictions of all existing
and proposed easements;
J. Approximate
layout and approximate dimensions of each lot. Lots shall be numbered,
and the total acreage of each lot shall be shown;
K. The
dimensions and locations of any existing buildings which are to remain
in place on the property;
L. Existing
use or uses of the property;
M. Proposed
use or uses of the property;
N. A description
of the improvements and public utilities proposed to be made or installed,
listing the time at which such improvements are proposed to be completed,
together with the contact information for the public utilities that
will serve the subdivision;
O. A description
of the proposed provisions for water supply and sewerage disposal;
P. A depiction
of the proposed public areas;
Q. A depiction
of any proposed tree planting or removal;
R. A description
of existing zoning and any proposed rezoning or variance(s);
S. A tentative
map shall include a certificate signed and dated by the owner or agent
substantially in the following form:
"I am the [owner][agent of owner] of record and [I][he
or she/they] consent(s) to the filing of this tentative map in compliance
with the requirements of this title, and Title 7, Division 2 of the
California
Government Code, the Subdivision Map Act."
U. In
addition, the application must include the following:
1. Two
copies of any proposed restrictive covenants,
2. A
preliminary grading plan, if any grading outside road rights-of-way
is proposed,
3. A
certification of compliance with
Government Code Section 65962.5 (relating
to hazardous waste),
4. A
certification by the owner pursuant to
Government Code Section 65850.2
that the proposed project will or will not have more than the threshold
quantity of a regulated substance in a process or will contain a source
or modified source of hazardous air emissions,
5. A statement by the owner pursuant to
Government Code Section 65850.2 indicating whether or not the owner will need to comply with the applicable requirements of
Health and Safety Code Section 25505 and Article
2 (commencing with Section 25531) of Chapter 6.95 of Division 20 of the
Health and Safety Code or the requirements for a permit for construction or modification from the air pollution control district or air quality management district exercising jurisdiction in the area governed by the City,
6. A
statement that the application is an application for a development
permit,
7. A list of requests for variances pursuant to Chapter
16.30,
8. Other
information as may be required by the tentative map application form,
the Planning Director or State law.
(Ord. 2006-03 § 2)
The Planning Commission shall take action on a tentative map
within 50 calendar days of the date on which the application is deemed
complete or, if the project is subject to review pursuant to CEQA
within 50 calendar days of the date of the certification of the environmental
impact report, the adoption of the negative declaration or determination
of the exemption.
The Planning Commission shall determine whether the tentative
map is in conformity with the General Plan, with the City standards
for lot and street design, with the City improvement standards, and
with all provisions of this title. As conditions of approval, the
Planning Commission may require a dedication of real property within
the proposed subdivision for roads, including access and abutter's
rights, drainage, public utility and other easements, may require
the construction of reasonable off-site and on-site improvements for
the parcels being created, and may impose other conditions of approval
as the commission deems are necessary to ensure the public health,
safety, and welfare.
Approval of a tentative map prepared shall be denied by the
Planning Commission when it makes any of the following findings:
A. The
proposed subdivision is not consistent with the General Plan and any
applicable specific plan as specified in
Government Code Section 65451
or the City subdivision ordinance.
B. The
design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
C. The
subject prope1ty is not physically suitable for the type of development
proposed.
D. The
site is not physically suitable for the proposed density of development.
E. The
design of the proposed subdivision or its improvements is likely to
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
F. The
design of the proposed subdivision or its proposed improvements is
likely to cause serious public health problems.
G. 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. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shal
l apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
H. The
discharge of liquid or solid waste into a sewer or individual sewage
disposal system from the proposed subdivisions would result in violation
or add to a violation of existing requirements prescribed by the local
health officer or the Regional Water Quality Control Board.
I. The
proposed subdivision does not provide, to the extent feasible, for
future passive or natural heating or cooling opportunities for the
proposed new parcels in accordance with
Government Code Section 66473.1.
"Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors.
J. The
land to be subdivided is subject to any of the following: (1) a contract
entered into pursuant to the California Land Conservation Act of 1965,
including an easement entered into pursuant to Section 51256; (2)
an open-space easement entered into pursuant to the Open-Space Easement
Act of 1974; (3) an agricultural conservation easement entered into
pursuant to Chapter 4 (commencing with Section 10260) of Division
10.2 of the
Public Resources Code; or (4) a conservation easement
entered into pursuant to Chapter 4 (commencing with Section 815) of
Part 2 of Division 2 of the
Civil Code; and either the resulting parcels
following the subdivision would be too small to sustain their agricultural
use or the subdivision will result in residential development not
incidental to the commercial agricultural use of the land.
K. The
proposed subdivision fails to comply with
Government Code Section
66478.5 or 66478.12, which require access easements for subdivisions
fronting on a public waterway, river, stream or a publicly owned lake
or reservoir.
L. The
applicant has failed to pay all City fees or tender any requested
refundable deposit to the City in connection with the application.
Approval of parcel maps and final maps shall also be subject to the
satisfaction of this condition. (Section 66452.1)
(Ord. 2006-03 § 2)
Notwithstanding a finding under subsection E of Section 16.12.100,
the Planning Commission may approve a tentative map provided that:
A. An
environmental impact report was prepared and certified as complete
pursuant to the California Environmental Quality Act; and
B. A statement
of overriding considerations is adopted by the Planning Commission
pursuant to
Public Resources Code Section 21081 finding that specific
economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the environmental impact
report.
(Ord. 2006-03 § 2)
The subdivider or any aggrieved party may appeal the decision of the planning Commission, Planning Director, or the City Engineer, or any conditions thereof, to the City Council. Appeals must comply with the provisions of Chapter
16.31.
(Ord. 2006-03 § 2)
Following approval of a tentative map, the subdivider shall
proceed to fulfill all conditions to such approval, and prepare and
submit the plans, specifications, and other information related to
subdivision improvements to the City Engineer. All submissions must
comply with all City standards and the requirements of this title.
A. No
work on any subdivision improvements shall be commenced without the
written approval and authorization of the City Engineer or City Building
Official. All subdivision improvements shall comply with the final
conditions of approval.
B. No
sale or lease of any lot shall be made between the subdivider and
any other party prior to recordation of the final map.
C. Completion of the required improvements shall not be required prior to the approval of the final map if the subdivider has entered into an agreement with the City to complete such improvements within a mutually agreed time. Performance required under any agreement entered into pursuant to this section shall be secured as provided in Chapter
16.26 of this title.
D. Construction
of the subdivision improvements shall be completed prior to the issuance
of a permit or other grant of approval for development on any proposed
new parcel.
(Ord. 2006-03 § 2)