A.
Tentative
subdivision maps shall be drawn to a size of 24 by 36 inches and a
scale of not more than 100 feet to one inch.
B.
Tentative
maps shall be prepared by a registered civil engineer and shall contain
the following information:
1.
A
site sketch indicating the location of proposed subdivision in relation
to the surrounding area or region;
2.
The
tract name, date, north point, scale and sufficient boundaries to
define the proposed tract;
3.
Names
and addresses of record owner, subdivider, engineer and surveyor;
4.
Location,
names, present width and grades of adjacent or abutting streets;
5.
Existing
topography and proposed changes, including trees, rock formations
and other unusual features of the site, and at least 100 feet beyond
its boundary. Individual trees with a diameter of more than eight
inches measured 24 inches above existing grade, shall be identified
by type, circumference, and dripline. Any trees proposed for removal
shall also be indicated. Contour lines shall have the following intervals:
6.
Approximate
location of all areas subject to inundation of stormwater overflow
and the location, width and direction of flow of all watercourses,
including tidewaters;
7.
Approximate
width and location of all existing easements;
8.
Approximate
dimensions of all lots, radii of all curves and central angles;
9.
Location
of all existing structures identified by type and indicating which
are proposed to be removed and which will remain;
10.
Location of building setback line for each stream or river on the
site;
11.
Location and size of existing sewers, fire hydrants, water mains,
wells and storm drains;
12.
Location of existing overhead utility lines and poles on-site and
on peripheral streets;
13.
A vesting tentative map shall have printed conspicuously on its face
the words, "vesting tentative map";
14.
Location of any protected native tree, and if any protective native
tree is proposed for removal, identification by species and location
of all other trees on the site and in adjacent public right-of-way
that are within 30 feet of the area proposed for development, and
any trees located on adjacent properties with canopies overlooking
the project site.
C.
The
following proposed design elements and improvements shall be shown
on the tentative map or described on an attached written statement:
1.
Location,
names, width, centerline radii, pavement and approximate grades of
all streets and rights-of-way in the proposed subdivision, including
identification of which streets are proposed to be offered for dedication
and which are proposed to be privately maintained. Typical sections
of all streets shall be shown.
2.
Location,
width, and purpose of all proposed easements, clearly indicating whether
public or private.
3.
The
proposed use of each lot, lot layout and dimensions and area of each
lot. Engineering data shall show the approximate finished grading
of each lot, the preliminary design of all grading, the elevation
of proposed building pads, the top and toe of cut and fill slopes
to scale and number of each lot. In hillside areas, potential building
sites shall be indicated.
4.
Proposed
recreation sites, trails and parks for public or private use.
5.
Areas
proposed to be dedicated or reserved for public use.
6.
Proposed
common or open space areas.
7.
The
location and size of proposed fire hydrants and fire protection systems,
sanitary sewers, water mains and storm drains. Slopes and elevations
of proposed sewers and storm drains shall be indicated.
8.
A
conceptual plan for erosion control and fencing.
9.
Identification
of proposed drainage and/or flood control.
D.
The
tentative map shall be accompanied by the following data and reports:
1.
A
completed application form.
2.
Name(s)
of geologists, soils engineers and other professionals whose services
were required in preparation of the tentative map.
3.
If
the subdivider plans to develop or record the subdivision in phases,
sufficient information about the proposed phases and their proposed
sequence so as to allow the city to require construction of improvements
in such an order as to ensure logical and orderly development of the
whole subdivision.
4.
If
the proposal is for the conversion of a mobile home park to another
use, the report prescribed by Government Code Section 66427.4 on the
impact of the conversion upon displaced residents of the park.
5.
A
description of prior known development activity on the site such as
removal of vegetation, grading, etc.
6.
Identification
and justification for requested exemptions to the requirements of
this title.
7.
Letters
of intent from adjacent property owners whose property is proposed
for improvements as part of this subdivision.
8.
A
cost estimate for all off-site improvements.
9.
A
preliminary title report not more than 30 days old showing the legal
owner(s) at the time of filing the tentative map.
10.
Unless a waiver is first obtained from the Community Development
Director, a plan for each element identified in the conservation and
safety regulations of Title 17 of this code, including without limitation,
erosion control, fire hazard reduction, restoration/management for
marsh/wetland habitats, revegetation for wildlife habitats and plant
communities, riparian habitat management, and agriculture buffer.
11.
Unless the City Engineer determines that due to the city's knowledge as to the soils condition of the site, no analysis is needed, a soils and/or geotechnical report in accordance with Section 16.36.200 and Title 17 of this code and the Subdivision Map Act. Upon application for a building permit, a soils investigation and/or geotechnical report may also be required by the Chief Building Official in accordance with Title 15 of this code, for development in an area with known or suspected seismic or other earth related hazards. In accordance with Government Code Section 66491, the City Engineer may require additional information and investigation or reject the report.
12.
For properties in the flood hazard areas, a development plan indicating
the amount of fill required and/or floodproofing measures required
by Title 17 of this code.
13.
For properties in the floodway area, a detailed development plan
and floodway development analysis showing all elements of Title 17
of this code.
14.
For residential subdivisions in the flood evacuation area, a flood
evacuation plan.
15.
A copy of proposed deed restrictions.
16.
A written commitment that the subdivider will defend, indemnify and
hold the city, its agents, officers and employees harmless from any
claim, action or proceeding to attack, set aside, void or annul an
approval of the city concerning the subdivision so long as the city
promptly notifies the subdivider of any such claim, action or proceedings
and the city cooperates fully in the defense, and the action is brought
within the time period provided for in Section 66499.37 of the Subdivision
Map Act.
17.
Designation as a remainder of any portion of the land which is not
divided for the purpose of sale, lease or financing.
18.
A report including identification of which, if any, utility poles
will be removed and line segments undergrounded including a preliminary
cost estimate.
19.
A written statement which discloses whether any protective native
tree exists on the property, and if so, a description of each such
tree, including its species size, drip line, and location. If the
proposal includes the removal of a protective native tree, identification
by species of the trees proposed for removal.
20.
Other data or information necessary to complete processing of the
map and environmental documents.
(O4060; O2006-10)
In addition to the requirements set forth above for a tentative
map, a vesting tentative map shall be accompanied by the following:
A.
Detailed
grading plan;
B.
Detailed
improvement plans for all streets including curb, gutter and sidewalks,
stormdrains, sewer and water system and connections and other improvements;
C.
Description
of housing type(s) and plans for the structures, including location,
size, height, architectural style, materials, landscaping, fencing
and irrigation.
(O4060)
A.
No
tentative map shall be accepted for processing until the subdivider
has completed his or her responsibilities under the conceptual map
process. No tentative map shall be accepted for processing which is
inconsistent with the general and applicable specific plans and zoning
unless the subdivider concurrently files the necessary applications
to ensure the required consistency.
B.
The
subdivider shall, at the time of making application for approval of
the tentative map, submit to the Community Development Director 40
prints of the tentative map and such other information which may be
required by this title.
C.
The
subdivider shall, at the time of making application for approval of
a tentative map, pay a deposit on account of the processing fees in
an amount established by resolution of the Council. No map will be
filed without the required deposit. Thereafter, no action on the map
will be taken by the Planning Commission or the Council unless all
accrued fees have been paid. After filing of the final map, and completion
and acceptance of all required improvements, any unexpended fees will
be returned to the subdivider.
D.
Within
30 days of receipt of an application for a subdivision, the Community
Development Director shall notify the subdivider in writing as to
whether such application is complete. If the application is determined
to be incomplete, the Community Development Director shall inform
the subdivider of additional information required or procedure by
which such application can be made complete. Upon receipt of such
additional materials a new 30-day period shall begin during which
the Community Development Director shall determine the completeness
of the application. In the event the Community Development Director
notifies the subdivider in writing that the application is still incomplete,
the subdivider may, within 10 days of the director's determination,
appeal the determination to the Planning Commission.
E.
Only
an application for a subdivision which has been determined or deemed
to be complete shall be filed and processed pursuant to the Subdivision
Map Act and this title.
F.
The
filing of the tentative map shall not preclude the securing of additional
information from the subdivider necessary for the proper consideration
of the tentative map nor does it insure that the map complies with
the law and with this title.
(O4060; O2006-10)
A.
The
Community Development Director shall transmit copies of the tentative
map to the Public Works director, and affected City departments and
public agencies for review.
B.
Within
10 days of the filing of a tentative map, the Community Development
Director shall send a notice of the filing of the tentative map to
the Napa Valley Unified School District. Such notice shall also contain
information about the location of the proposed subdivision, the number
of units, density, and any other information which would be relevant
to the school district. The school board may review the notice and
may send a written report thereon to the Planning Commission and Council.
The report shall indicate the impact of the proposed subdivision on
the school district and shall make such recommendations as the board
deems appropriate. In the event the school district fails to respond
within a 20-day period from receipt of notice of the tentative map,
such failure shall be deemed approval of the proposed subdivision
by the school district.
(O4060; O2006-10)
The Planning Commission shall hold a noticed public hearing
on the map within the applicable time limits. The commission shall
adopt findings and recommendations for approval, conditional approval
or denial of the map for the Council. At least three days prior to
the public hearing, a copy of any staff report on the tentative map
shall be delivered to the subdivider. The Planning Commission, in
setting conditions of approval, may not modify or delete any City
of Napa Standard Specifications or Standard Plans.
(O4060; O2006-10)
A.
The
Council shall hold a noticed public hearing to consider the tentative
map and the report and recommendations of the Planning Commission
within the applicable time limits.
B.
The
Council shall make findings and approve, conditionally approve or
deny the tentative map. The Council may impose reasonable conditions
for approval of the tentative map and may in its discretion, deny
approval of the map if such conditions cannot be met. As a condition
of the approval, the Council may require that the payment by a subdivider
of development fees required to be paid at some later date, e.g.,
at issuance of a building permit, be made at the rate in effect at
the time of payment.
C.
If,
during Council review, the Council determines that the design of the
subdivision has been substantially changed since its review by the
Planning Commission, the Council may refer the revised subdivision
to the Planning Commission for its review and recommendations. In
such case the Council may continue the matter, deny the subdivision
without prejudice or allow the subdivider to withdraw the original
application and resubmit the revised design.
D.
Copies
of the approved tentative map shall remain on file in the Community
Development Director's office.
(O4060; O2006-10)
A.
In
recommending approval or conditional approval or in approving or conditionally
approving a tentative map, the Planning Commission and Council shall
find:
1.
That
the proposed subdivision, together with the provisions for its design
and improvement, is consistent with the General Plan and any applicable
specific plan; and
2.
Except
for condominium conversion projects where no new structures are added,
that the design of the proposed subdivision provides, to the extent
feasible, for future passive or natural heating or cooling opportunities
in the subdivision, as described in the State Subdivision Map Act
and any guidelines promulgated by the Council.
B.
In
recommending disapproval or in disapproving, or in recommending approval
or in approving at a lower density of a housing development project
which is in compliance with the applicable plans, zoning and development
policies in effect at the time the project's application was determined
to be complete, the Planning Commission and Council shall make written
findings based upon substantial evidence in the record that both of
the following conditions exist:
1.
The
housing development project would have a specific, adverse impact
upon the public health or safety unless the project is disapproved
or approved upon the condition that the project be developed at a
lower density;
2.
There
is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified other than disapproval of the housing development
project or approval upon condition that the project be developed at
a lower density.
C.
In
recommending approval or conditional approval or in approving or conditionally
approving a tentative map for the conversion of a mobile home park
to another use pursuant to Government Code Section 66427.4, the Planning
Commission and Council shall be required to:
1.
Take
steps to mitigate any significant adverse impact of the conversion
on the ability of displaced mobile home park residents to find adequate
space in a mobile home park by zoning for additional replacement housing;
2.
Find
that there already exists land zoned for replacement housing or adequate
space in other mobile home parks for those residents who will be displaced;
3.
Require
the subdivider to take steps to mitigate any significant adverse impacts
of the conversion on the ability of the displaced mobile home park
residents to find adequate space in a mobile home park; or
4.
Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (C)(1) and (3) is not feasible. As used in this section, "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.
D.
The
Planning Commission may recommend denial and the Council may deny
approval of the tentative map on any grounds provided by law including
without limitation, if they find that the discharge of waste from
the proposed subdivision into an existing community sewer system would
result in, or add to, violation of existing requirements prescribed
by a state regional water quality control board. A tentative map shall
be denied if any of the following findings are made:
1.
That
the proposed map is not consistent with the General Plan and applicable
specific plans;
2.
That
the design or improvement of the proposed subdivision is not consistent
with the General Plan and applicable specific plans;
3.
That
the site is not physically suitable for the type of development;
4.
That
the site is not physically suitable for the proposed density of development;
5.
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;
6.
That
the design of the subdivision or the type of improvements are likely
to cause serious public health problems;
7.
That
the design of the subdivision or the type of improvements will conflict
with easements of record or easements established by court judgment,
acquired by the public at large, for access through or use of property
within the proposed subdivision. In this connection, the Council may
approve a map if they find that the alternate easements for access
or for use will be provided and that those will be substantially equivalent
to ones previously acquired by the public;
8.
That
all requirements of the California Environmental Quality Act and the
rules and procedures adopted by the Council pursuant thereto have
not been met;
9.
That
the proposed map fails to meet or perform any of the requirements
or conditions of this title or the State Subdivision Map Act, unless
the Council finds that such failure is a result of a technical and
inadvertent error which does not materially affect the validity of
the map;
10.
That the applicant has failed to submit complete or adequate information.
Any applicable time limits for acting on the tentative map may
be extended by mutual consent of the subdivider and Planning Commission
or Council. A waiver of applicable time limits may be required of
the subdivider to permit concurrent processing of related project
approvals or environmental review of the same project.
(O4060)
A.
An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval unless an extension is approved as provided in Section 16.20.100. However, if a subdivider who is filing multiple final maps is made subject to a requirement of $125,000.00 or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, or, if the tentative map is on property subject to a development agreement authorized by Government Code Section 65864 et seq., then the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may also be approved as provided in Section 16.20.100.
B.
The period of time specified in subsection A above shall not include any period of time during which a development moratorium is in effect as provided in Section 66452.6 of the Subdivision Map Act.
C.
The period of time specified in subsection A above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Planning Commission, as provided in Section 66452.6 of the Subdivision Map Act.
D.
The
expiration of the approved or conditionally approved tentative map
shall terminate all proceedings, and no final map on all or any portion
of the real property included within an expired tentative map shall
be filed without first processing a new tentative map.
E.
Notwithstanding the provisions of Section 17.68.170 of this code to the contrary, if an approved or conditionally approved tentative map is subject to an automatic extension of the expiration date pursuant to California Government Code Section 66452.21, 66452.22, 66452.23 or 66452.24, and if the tentative map was approved or conditionally approved in conjunction with a separate residential discretionary land use entitlement (including design review permits, use permits, variances, or other residential discretionary land use entitlements), then the initial expiration date of the separate residential discretionary land use entitlement shall automatically be extended to be equal to the expiration date of the approved or conditionally approved tentative map.
(O4060; O2010-2, 1/26/10; O2012-12, 10/2/12; O2015-3, 5/5/15; O2017-016, 12/19/17)
Upon application of the subdivider filed with Community Development
Director prior to the expiration of the tentative map, such map may
be extended by the Council as provided for in Section 66452.6 of the
Subdivision Map Act. Once such application is timely filed, the map
shall be automatically extended as provided in Sections 66452.6, 66452.23
and 66452.24 of the Subdivision Map Act.
(O2015-3, 5/5/15)
Approval of a vesting tentative map shall confer a vested right
to proceed with development in accordance with Section 66498.1 of
the Subdivision Map Act. Such rights shall expire one year following
the recordation of the final map. Where multiple final maps are recorded
on various designated approved phases of a project covered by a single
vesting tentative map, the time limit set forth herein shall begin
for each phase when the final map for that phase is recorded. In accordance
with Section 66452.6 of the Subdivision Map Act, a subdivider may
apply for a one year extension of the initial one-year time period.
(O4060)
A.
Minor
amendments to an approved or conditionally approved tentative map,
including the conditions of approval, may be approved by the Assistant
City Manager for Development Services based upon finding each of the
following:
1.
No
lots, units or building sites are added;
2.
The
changes are consistent with the intent and spirit of the original
approval;
3.
There
are no resulting violations of this code or state law;
4.
There
will be no new significant adverse environmental effects;
5.
Each
of the property owners has agreed to the amendments.
B.
Approved
amendments shall be indicated on the approved or conditionally approved
tentative map and certified by the Community Development Director.
C.
Amendments
which, in the opinion of the Assistant City Manager for Development
Services, are not minor shall be processed in the same manner as the
original tentative map.
D.
Any
approved amendment shall not alter the expiration date of the tentative
map.
(O2008 8)
A.
Subsequent to the approval of a tentative map, the subdivider shall furnish to the City Engineer six checkprints of the proposed final map prepared in conformance with generally accepted engineering practices. The checkprints shall be accompanied by a traverse sheet(s) or computer closures in a form approved by the City Engineer giving bearings, distances and coordinates of the boundaries of the subdivision, interior blocks, lots and centerline of roads, any required soils, geological reports, the form of deeds, easements, CC&Rs, rights-of-way and updated fee deposit pursuant to Section 16.04.100. Where conditions have been imposed on an approved tentative map, the subdivider shall submit evidence of having satisfied the conditions to the department imposing the condition. Where improvements have been required as a condition of the tentative map, six sets of improvement plans prepared in conformance with generally accepted engineering (or other professional) practice and meeting all city standards shall be submitted, along with hydrology, hydraulic and other necessary calculations and information required by the City Engineer.
B.
The
Community Development Director shall circulate the documents to all
affected departments and agencies who shall review the same and notify
the Community Development Director of any revisions, additions, etc.,
necessary to ensure conformance with the tentative map and standard
specifications in accordance with Section 66456.2 of the Subdivision
Map Act. The subdivider shall make all required revisions, etc., and
resubmit for further review. The Community Development Director shall
notify the subdivider when the checkprint process has been satisfactorily
completed.
(O4060; O2006-10)
