This chapter establishes requirements for the filing, processing and approval, approval with conditions or denial of tentative maps and tentative parcel maps, consistent with the requirements of the Subdivision Map Act. For purposes of this chapter, any reference to tentative map also includes tentative parcel map and any reference to an approved tentative map also includes an approved tentative parcel map, unless otherwise provided in this chapter or in the Subdivision Map Act.
(Ord. 539 § 1, 2011)
The completed tentative map application and other required materials shall be submitted to the Community Development Director accompanied by the required application fees.
(Ord. 539 § 1, 2011)
An application and accompanying materials must be deemed complete before it is accepted for filing and review. Pursuant to Government Code Section 65943, within 30 days of receiving the application the Community Development Director shall determine whether or not a tentative map application shall be accepted as complete in that all the required information for a tentative map application has been correctly submitted including:
A. 
Information required pursuant to Chapter 16.12; and
B. 
All other information necessary to accept a complete application and to clarify, amplify, correct or supplement the application and the environmental document to be prepared for the project.
If the Community Development Director determines that the application is incomplete and additional information is required, and it is determined that a reasonable effort has not been made by the applicant to provide the additional information within six months of the letter requesting the information, then the application is deemed withdrawn.
(Ord. 539 § 1, 2011)
Within five days of finding the application complete, the Community Development Director shall refer copies of the tentative application to any City department, local, State or Federal agency, public or private utility or other entity that the Community Development Director believes may be interested in the project. If no response is received within 21 days of the referral date, the Community Development Director shall assume that the agency or entity has no comments. Comments for the environmental document for the project may still be accepted and considered during its public review period.
(Ord. 539 § 1, 2011)
Within 10 days of finding the application complete the Community Development Director shall determine if a project evaluation meeting is needed. If the meeting is needed, it will be scheduled with the applicant, the applicant's representatives and all City departments and other agencies having jurisdiction or providing services to the site. The purpose of the meeting will be to discuss:
A. 
Compliance with City Standards. Compliance with the provisions of Chapters 16.24 and 16.26 of this title, the City of Live Oak General Plan, Zoning Regulations, Improvement Standards, Citywide Design Guidelines, and other City codes or standards.
B. 
California Environmental Quality Act (CEQA). The preliminary environmental determination.
C. 
Services. The provision of services to the site.
D. 
Other Data. As determined by the Community Development Director, all other relevant data and reports necessary to clarify, correct or otherwise supplement the application materials to prepare the environmental document and to prepare a recommendation to the Planning Commission.
(Ord. 539 § 1, 2011)
The City staff shall review the project and prepare a written report to the Planning Commission that addresses:
A. 
Background Data. Any background data associated with the project that may be relevant to the proposal;
B. 
California Environmental Quality Act (CEQA). The environmental document prepared for the project;
C. 
Compliance with City Codes. Compliance and consistency with Chapters 16.24 and 16.26 of this title, the City of Live Oak General Plan, any relevant specific plan, Zoning Regulations, Citywide Design Guidelines, Improvement Standards, the Subdivision Map Act and any other data or standards that may be relevant to the project;
D. 
Conditions of Approval. Conditions necessary for the tentative map to comply with the above requirements;
E. 
Findings. Findings for approval, approval with conditions or denial; and
F. 
Recommendation. A recommendation for approval, approval with conditions or denial.
(Ord. 539 § 1, 2011)
A. 
Scheduling of the Hearing and Action. In compliance with the Subdivision Map Act Section 66452.1, the public hearing on a tentative map shall be scheduled, and action shall be taken, within 50 days after:
1. 
Completeness. The tentative map application has been deemed complete; and
2. 
CEQA. An environmental impact report has been certified, a negative declaration has been adopted or the project has been determined to be exempt from CEQA.
B. 
Notice and Hearing. Upon completion of the review by City staff, proper notice of a public hearing before the Planning Commission shall be provided as required by California Government Code Sections 65090 through 65095, and by other such means as the Planning Commission may require.
C. 
Decision. After considering the recommendations of the Community Development Director and other agencies, and comments by the public, and following the conclusion of the public hearing, or at a later time determined by the Planning Commission, the Planning Commission shall approve, approve with conditions or deny the tentative map.
D. 
Findings for Approval. The Planning Commission may approve a tentative map only when it first finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Live Oak General Plan and any applicable specific plan (Subdivision Map Act Section 66473.5), the Improvement Standards and the Citywide Design Guidelines, and that none of the findings for denial in subsection E can be made.
E. 
Findings for Denial. A tentative map may only be denied if the Planning Commission makes one or more of the following findings:
1. 
City Standards. The proposed subdivision including design and improvements is not consistent with the City of Live Oak General Plan, any applicable specific plan, Zoning Regulations, the Improvement Standards, the Citywide Design Guidelines, or any portions of the City of Live Oak Municipal Code or its standards and specifications, or the Subdivision Map Act;
2. 
Physical Suitability. The site is not physically suitable for the type or proposed density of development;
3. 
CEQA. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
4. 
Public Health and Safety. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems; or
5. 
Easements. The design of the subdivision or type of improvements would conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision.
F. 
Time Limits Inapplicable with Legislative Actions. The time limits specified in this chapter for processing tentative map applications shall not apply to the tentative map application until the effective date of a related legislative action including, but not limited to, a general plan amendment, rezoning, development agreement or easement abandonment.
(Ord. 539 § 1, 2011)
A. 
Decision of the City Engineer or Community Development Director. Any applicant or person claiming to be adversely affected by any action of the City Engineer or Community Development Director in carrying out the provisions of this title may, within 10 days after such action, file a written appeal to the Planning Commission and shall be accompanied by the payment of any fee adopted by the City Council. The filing of an appeal shall stay the issuance of any permit in connection with the action pending a decision from the Planning Commission.
B. 
Decision of the Planning Commission. Any applicant or person claiming to be adversely affected by any action of the Planning Commission in carrying out the provisions of this title, any City Council person or the City Manager may, within 10 days after such action, file a written appeal to the City Council. Such appeal shall be filed with the City Clerk and shall be accompanied by the payment of any fee adopted by the City Council. The filing of an appeal shall stay the issuance of any permit in connection with the action pending a decision from the City Council.
(Ord. 539 § 1, 2011)
Approval of a tentative map shall become effective for purposes of filing a final map or parcel map, including compliance with conditions of approval, on the day following the end of the appeal period or, in the case of an appeal, the date of the City Council decision on the appeal.
(Ord. 539 § 1, 2011)
A. 
Minor Amendments. The Community Development Director or City Engineer may approve minor amendments to an approved tentative map or the conditions of an approved tentative map provided that the amendments:
1. 
Do not create any additional parcels;
2. 
Are consistent with the intent of the approved tentative map; and
3. 
There are no resulting violations of the Live Oak Municipal Code.
B. 
Other Amendments. All other amendments to approved tentative maps shall be approved by the Planning Commission, as provided in Section 16.14.070.
(Ord. 539 § 1, 2011)
A. 
Time Limit. An approved tentative map is valid for 24 months after its effective date, as provided in Section 16.14.100, except as otherwise provided by the Subdivision Map Act (Section 66452.6).
B. 
Statutory Extensions of Time. When multiple final maps are utilized, as authorized in Section 66456.1 of the Subdivision Map Act, and the subdivider is required to construct, improve or finance public improvements outside of the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property, and which are reasonably related to the development of the property, and the cost of the public improvements exceeds the amount specified in Section 66452.6(a)(1) of the Subdivision Map Act, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map as provided in Section 66452.6(a)(1) of the Subdivision Map Act.
(Ord. 539 § 1, 2011)
A. 
Requests for Extensions of Time.
1. 
Filing. When a subdivider has not filed a final map or parcel map prior to the expiration date of an approved tentative map or tentative parcel map, the subdivider may file a written request for an extension of the expiration date for an approved or conditionally approved tentative map or tentative parcel map on a form provided by the Community Development Director together with the required filing fee. The request shall be submitted to the Community Development Director prior to expiration of the tentative map. Once the request is submitted the map shall automatically be extended for another 60 days. Failure to request an extension of time prior to the expiration of the approved tentative map will cause the tentative map to expire.
2. 
Approval. The Planning Commission may grant the extension in increments it deems necessary, provided the total of the extensions do not exceed five years, or as otherwise provided by the Subdivision Map Act, after finding that:
a. 
General Plan Consistency. There have been no changes to the General Plan or any specific plan or precise road plan to which the tentative map would no longer be in conformity.
b. 
City Codes. There have been no changes to City codes to which the tentative map would no longer be in conformity.
c. 
Availability of Services. The capacity of community infrastructure, including, but not limited to, water supply, sewage treatment capacity, schools or roads remains sufficient to serve the project.
B. 
Appeals. The decision of the Planning Commission may be appealed to the City Council within 10 days of the Planning Commission's decision.
(Ord. 539 § 1, 2011)