All tentative maps shall be prepared by a civil engineer or
land surveyor in conformance with the submittal requirements indicated
on the Department of Community Development subdivision application
form.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
A person or persons desiring to file a tentative map shall submit
to the Department of Community Development a completed application
form, copies of a tentative map and other data as required by the
Department of Community Development's subdivision application form.
The Department of Community Development shall indicate the date of
submittal upon all copies of the tentative map and accompanying data.
An application fee and public hearing fee, as established by resolution
of the City Council, and a trunk sewer modeling fee, as applicable,
shall be paid at the time of submittal of the application for filing
the tentative map. No other application fee shall be required for
additional tentative maps covering the same tract or revisions of
the initial map filed prior to the Planning Commission action. The
Department of Community Development may process the negative declaration
or environmental impact report concurrently with the tentative map.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
An application must be deemed complete before it is accepted
for filing and review. The Department of Community Development shall
determine whether or not an application is complete within seven calendar
days of its submittal. If the subdivider is not notified that the
application is incomplete during this seven-day time period, the application
is automatically deemed to be complete on the seventh day following
its submittal. If the subdivider is notified that the application
is incomplete within seven calendar days of its submittal, the application
shall be accepted for filing on the date the information and/or materials
identified in the City's notice are submitted by the subdivider.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) Within seven calendar days after the filing of a complete tentative
map application, the Department of Community Development shall transmit
a copy of the map, together with accompanying data, to any affected
City department, public agency and public and private utility companies
in accordance with the provisions of
Government Code Section 66453
et seq.
(B) Each of the departments, public agencies, and utilities shall, within
21 calendar days after the tentative map and data have been transmitted,
report to the Department of Community Development its findings and
recommendations thereon.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The Development Advisory Committee shall prepare a written report
of recommendations on the tentative map in relation to the requirements
of this title, the Subdivision Map Act, and other applicable regulations
of the City or other public and utility agencies and shall submit
the same to the subdivider or authorized agent. This report shall
also be submitted to the Planning Commission at its public hearing.
(Ord. 2622 § 1, 1987; Ord. 3134 § 6, 1994; Ord. 3396 § 1, 1998)
(A) The Planning Commission or the Subdivision Committee, in the case
of a tentative parcel map, shall hold a public hearing to receive
public comment on the tentative map and to review the recommendations
of the Development Advisory Committee and the Department of Community
Development within 50 calendar days of the date the tentative map
application has been deemed filed. The public hearing shall be noticed
at least 10 calendar days prior to the meeting as established in Government
Code Sections 66451.3 and 66451.4. Failure to receive the notice required
by
Government Code Sections 66451.3 and 66451.4 shall not invalidate
any action taken pursuant to the Subdivision Map Act or this title.
The written recommendation of the Department of Community Development
and a copy of the Development Advisory Committee report shall be delivered
to the subdivider at least three calendar days prior to the date of
the hearing. The Planning Commission may approve or conditionally
approve any tentative map which complies with this title and the Subdivision
Map Act. Approval of a tentative map which does not comply with this
title or the Subdivision Map Act shall be null and void, whether the
approval was granted in error or otherwise.
(B) In accordance with
Government Code Section 66452.1(c), the time period specified in subsection
(A) for Planning Commission action shall commence after certification of an environmental impact report or the adoption of a negative declaration for the subdivision project, or a determination by the City that the subdivision project is exempt from the California Environmental Quality Act. The City shall comply with the time periods referred to in Section 21151.5 of the
Public Resources Code in accordance with its terms.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Approval of a tentative map by the Planning Commission shall
be supported by findings; no tentative map shall be approved unless
the Planning Commission makes all of the following findings:
(A) That the proposed map is consistent with the general plan and any
applicable specific plans as specified in
Government Code Sections
65451 and 66474.5;
(B) That the proposed subdivision meets the housing needs of the City
and that the public service needs of the subdivision's residents are
within the available fiscal and environmental resources of the City;
(C) That the design of the proposed subdivision has, to the extent feasible,
provided for future passive or natural heating or cooling opportunities
in the subdivision; and
(D) That the proposed subdivision would not discharge waste into the
City's sewer system that would result in violation of the requirements
prescribed by the California Regional Water Quality Control Board.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The grounds for denial of a tentative map shall not be limited
to the following; however, a tentative map shall be denied by the
Planning Commission if it makes any of the following findings (Ref.:
Government Code Sections 66474, 66478.4 and 66478.5):
(A) That the design or improvement of the proposed subdivision is not
consistent with applicable general and specific plans;
(B) That the site is not physically suitable for the proposed density
of development;
(C) That the design of the subdivision or the proposed improvements are
likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat;
(D) That the design of the subdivision does not incorporate all mitigation
measures as outlined in the certified environmental impact report
or negative declaration;
(E) That the design of the subdivision or type of improvements is likely
to cause serious public health problems;
(F) That 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 shall apply only to easements of record
or to easements established by judgment of a court of competent jurisdiction
and no authority is 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;
(G) That the design of the subdivision, where the subdivision fronts
upon a public waterway, river, or stream, does not provide, or have
available, reasonable public access by fee or easement from a public
highway to that portion of the bank of the river or stream bordering
or lying within the proposed subdivisions;
(H) That the design of the subdivision, where the subdivision fronts
upon a public waterway, river, or stream, does not provide for a dedication
of a public easement along a portion of the bank of the river or stream
bordering or lying within the proposed subdivision; or
(I) That the design of the subdivision or the proposed improvements is
likely to result in or contribute to downstream property damage or
injury due to storm water runoff.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) In the event a subdivider or any person is dissatisfied with any
determination of the Planning Commission approving, conditionally
approving, or denying a tentative map or any requirement or condition
which the Planning Commission has imposed, the subdivider or any such
adversely affected person may appeal the decision to the City Council.
The appeal shall be filed with the City Clerk within 10 calendar days
after the date the action was taken by the Planning Commission. The
City Council shall act on the appeal within 30 calendar days after
receipt of the notice of appeal.
(B) As used in this section, an appeal of any adversely affected person
includes a complaint of any interested person adversely affected by
a decision of the Planning Commission on a tentative map.
(Ord. 2622 § 1, 1987; Ord. 3238 § 33, 1996; Ord. 3396 § 1, 1998)