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:
(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)