Chapter 7.05 TENTATIVE MAPS—PROCEDURES

Where a local agency has filed a territorial map with the Director pursuant to the Subdivision Map Act, the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency within three days of the date the tentative map is filed.

When the State Department of Transportation has filed with the City Council a map of territory within one mile on either or both sides of any state highway routing pursuant to the Government Code, the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the Department of Transportation within three days of the date the tentative map is filed.

Within three days of the date a tentative map is filed, the Director shall give notice of the filing to the governing boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.025 Time for Action.

The Subdivision Committee shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

An extension of time for action is mutually consented to by the subdivider and the Subdivision Committee, in which case the map shall be acted upon within the time agreed upon; or

§ 7.05.030 Reports and Recommendations.

The subdivider withdraws the map.

(Added by Ord. 95-03, 2/14/95)

Reports and recommendations on tentative maps shall be in writing and shall be provided to the subdivider at least three days prior to the date action on the map is scheduled, provided, that a subdivider:

May waive this requirement; and

§ 7.05.040 Substitution of Revised Maps.

May consent to the receipt by the Subdivision Committee of additional recommendations; and provided further, that a subdivider shall be deemed to have consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the Subdivision Committee takes action on the tentative map.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.035 Review of Tentative Maps.

Each tentative map shall be reviewed by the Subdivision Committee, which shall approve, conditionally approve or disapprove the tentative map.

(Added by Ord. 95-03, 2/14/95)

A revised tentative map may be submitted at any time prior to action on the map by the Subdivision Committee. The time for action on a tentative map specified in Section 7.05.025 shall recommence upon the acceptance by the Director of a revised tentative map.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.045 Meetings and Hearings.

The Subdivision Committee shall act on tentative maps at regularly scheduled meetings or duly noticed special meetings when the matter has been duly placed upon the Committee's agenda. Public hearings shall be required for the consideration of tentative maps. At a public hearing, the Subdivision Committee shall allow all interested persons an opportunity to address the Subdivision Committee on any matter pertaining to a proposed subdivision.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.050 Notice.

Notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 500 feet of the property proposed to be subdivided by all three of the following methods:

(1)

Direct mailing of a notice to the owners;

(2)

Posting of a notice in accordance with the standard policy;

(3)

Publication of a notice in a newspaper of general circulation in the City of Dana Point.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.055 Zoning Conformance.

The Subdivision Committee shall not approve or conditionally approve a tentative map which does not conform with applicable zoning except as provided in Subsection (b) of this Section.

A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the Planning Commission on the condition that the zoning must become effective prior to recordation of the final tract or final parcel map.

A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of these development standards.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.060 Findings Required.

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the Subdivision Committee makes the following findings:

That the proposed map is consistent with the City's General Plan;

That the design and improvement of the proposed subdivision is consistent with the City's General Plan;

§ 7.05.065 Additional Findings Required.

That the site is physically suitable for the proposed type of development;

(d)

That the requirements of the California Environmental Quality Act have been satisfied;

(e)

That the site is physically suitable for the proposed density of development;

(f)

That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

(g)

That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems;

(h)

That the design of the subdivision and the proposed improvements will not conflict with easements of record or established by court judgment or acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and these will be substantially equivalent to ones previously acquired by the public;

(i)

That the design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Section 7.05.055;

(j)

That the subdivision is not located in a fee area or, if located in a fee area, the subdivider has met the requirements for payment of the applicable fees or the subdivision would not allow development of a project which would contribute to the need for the facility for which a fee is required;

(k)

That the subdivision is located in an area which has access to adequate utilities and public services to support the development proposed within the subdivision or that the subdivision includes the provisions and improvements necessary to ensure availability of such utilities and services.

(Added by Ord. 95-03, 2/14/95)

The Subdivision Committee shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by the Regional Water Quality Control Board. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the Subdivision Committee shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

In the event a subdivision fronting upon the coastline or shoreline or upon a public waterway, river, or stream or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with requirements of Sections 7.08.125 and 7.08.130, the Subdivision Committee shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

§ 7.05.070 Modification of Maps and Conditions of Approval.

If the Subdivision Committee approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 7.08.145, the Committee shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

(Added by Ord. 95-03, 2/14/95)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the Subdivision Committee. In all cases, the Director shall attempt to notify any third parties who had previously indicated an interest in the proposed subdivision, of the Subdivision Committee's scheduled consideration of the modification. Modifications shall be covered by the Subdivision Committee in the same manner and in accordance with the notice requirements, where applicable, as set forth in Section 7.05.050.

(Added by Ord. 95-03, 2/14/95)

§ 7.05.075 Period of Validity—Extensions.

In accordance with Government Code Section 66452.6, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to extend said map or if the subdivider is required to expend $125,000 or more to finance public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of way which abut the boundaries of the property to be subdivided and which are reasonably related to the development of the property as set forth in Government Code Section 66452.6. The one hundred twenty-five thousand dollar ($125,000.00) figure shall be adjusted annually pursuant to the provisions of Government Code Section 66452.6(a).

In accordance with Government Code Section 66452.11, if an approved tentative map had not expired on September 13, 1993, the life of the tentative map shall be extended for 24 months.