The form, contents, submittal and approval of tentative maps shall be governed by the provisions of this article.
(Ord. 2022-12 § 4)
(a)
The tentative map shall be prepared in a manner acceptable to the department of planning and building services and shall be prepared by a California registered civil engineer authorized to practice land surveying, or by a California licensed land surveyor, or by a qualified person. The subdivider shall file with the department of planning and building services the number of tentative maps the department may deem necessary, but not less than five.
(b)
The tentative map shall be clearly and legibly drawn on one or more sheets, each one no more than eleven inches by seventeen inches unless such standards are waived by the director of planning and building services, and shall include, but not be limited to, the following information:
(1)
A title which shall contain the subdivision name and type of subdivision;
(2)
Name and address of legal owner, subdivider and person preparing the map, including registration or license number;
(3)
Date, north arrow, scale, contour interval and source and date of existing contours;
(4)
A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community;
(5)
Existing topography of the proposed site and at least one hundred feet beyond its boundary, including, but not limited to:
(A)
That topographic contours be shown on the tentative map where required in the opinion of the director of public works or designated representative. Existing contours shall be represented by dashed lines or by screened lines,
(B)
The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked,
(C)
The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse,
(D)
The location, pavement and right-of-way width, grade and name of existing streets or highways,
(E)
The width, location and identity of all existing easements,
(F)
The location and size of existing sanitary sewers, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing utility lines on peripheral streets,
(G)
The approximate location and outline of existing trees identified by type. Trees to be removed shall be so marked;
(6)
Proposed improvements to be shown shall include, but not be limited to:
(A)
The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and names of all streets. Typical sections of all streets shall be shown,
(B)
The location and radius of all curb returns and cul-de-sacs,
(C)
The location, width and purpose of all existing and proposed easements within and serving the property,
(D)
The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,
(E)
The approximate lot layout and the approximate dimensions of each lot and of each building site. 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 the number of each lot,
(F)
Proposed recreation sites, trails and parks for private or public use,
(G)
Proposed common areas and areas to be dedicated to public open space,
(H)
The location and size of sanitary sewers, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;
(7)
The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
(8)
The department of planning and building services may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements, or that other circumstances justify a waiver. The department of planning and building services may require other drawings, data or information as deemed necessary.
(Ord. 2022-12 § 4)
The tentative map shall be accompanied by the following data or reports:
(a)
Title Report. A preliminary title report or condition of title report showing the legal owners of the property or properties shown on the tentative map at the time of filing the tentative map;
(b)
Environmental Review. The various time limits set forth in this chapter for taking action on tentative maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents;
(c)
Proposed covenants, codes, and restrictions and organizational documents may be included with applications;
(d)
Sufficient legal description to define the boundaries of the proposed subdivision;
(e)
Existing and proposed land use;
(f)
Evidence of feasibility of sewage disposal and water supply;
(g)
Evidence of legal right-of-way for access from the project site to an appropriate maintained public road, or submittal of a legally binding agreement to secure such a right-of-way upon approval of the tentative map;
(h)
Other Reports. Any other data or reports deemed necessary by the department of planning and building services.
(Ord. 2022-12 § 4)
(Ord. 2022-12 § 4)
(a)
The department of planning and building services shall forward copies of the tentative map to affected public agencies and utilities which shall, in turn, forward to the department their findings and recommendations.
(b)
Within five days of a tentative map application being determined to be complete, the department of planning and building services shall send a notice of this determination to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The 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 affected school district. The governing board may review the notice and may send a written report to the agency required by law to approve the tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a fifteen-working-day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving or conditionally approving the tentative map.
(c)
Upon completion of review by the department of planning and building services and prior to the date the tentative map is scheduled for planning commission action, the department of planning and building services shall develop findings and recommendations for the project with input from the county surveyor, other departments and outside agencies. The findings and recommendations of the director of planning and building services or designated representative shall be reported to the planning commission. A copy of the report shall be served to the subdivider at least three days prior to any hearing or action on the map by the planning commission.
(d)
Any requests for exceptions to the various conditions to be considered by the planning commission may be filed, in writing, with the director of planning and building services, prior to the scheduled consideration of the planning commission.
(Ord. 2022-12 § 4)
(a)
Upon receipt of a valid application and having received from the department of planning and building services its report and recommendations for the proposed tentative map, the secretary of the planning commission shall set the matter for public hearing. At least ten calendar days before the public hearing, a notice shall be given of the time, date and place of said hearing including a general explanation of the matter to be considered, a general description of the area affected and the street address, if any, of the property involved.
(b)
The notice shall be published at least once in a newspaper of general circulation which is published within the jurisdiction of the local agency conducting the public hearing at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the jurisdiction of the local agency conducting the public hearing, pursuant to Section 65090 of the Government Code.
(c)
In addition to notice by publication, the department of planning and building services shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed application.
(d)
In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.
(e)
In the event that the proposed application has been requested by a person other than the property owner, as the property owner is shown on the last equalized assessment roll, the county shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
(f)
In addition, notice shall be given by first class mail to any person who has filed a written request with the Secretary of the planning commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The county may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.
(g)
Substantial compliance with these provisions for notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in the article.
(h)
The planning commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the board of supervisors and the subdivider within fifty days after the tentative map has been accepted for filing. If an environmental impact report is prepared, the decision shall be made within forty-five days after certification of the environmental impact report.
(Ord. 2022-12 § 4)
(a)
In approving or conditionally approving the tentative map, the planning commission, acting in the capacity of the advisory agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the county of Lassen.
(b)
The planning commission may modify or delete any of the conditions of approval recommended in the director of planning and building services' report, except conditions required by county ordinances. The planning commission may add additional requirements as a condition of its approval as found to be necessary to carry out the intent of this title.
(c)
If no action is taken by the planning commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this chapter or other county ordinances, and it shall be the duty of the county clerk to certify the approval.
(Ord. 2022-12 § 4)
(a)
The tentative map may be denied by the planning commission on any of the grounds provided by county ordinances or the Subdivision Map Act.
(b)
The planning commission shall deny approval of the tentative map if it makes any of the following findings:
(1)
That the proposed map is not consistent with applicable general and specific plans;
(2)
That the design or improvement of the proposed subdivision is not consistent with applicable general and 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 is likely to cause serious public health problems;
(7)
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 the 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 hereby 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.
(Ord. 2022-12 § 4)
If a tentative subdivision map application is to be considered by the county in conjunction with an application for a General Plan amendment, a rezoning, a variance and/or a development agreement, the planning commission's action pursuant to either Section 16.16.090 or 16.16.100 shall be advisory to the board of supervisors. The board shall have the authority to approve, conditionally approve or deny the tentative subdivision map application. Public notice requirements for board of supervisors' action shall be as set forth in Section 16.16.080.
(Ord. 2022-12 § 4)
The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission.
(Ord. 2022-12 § 4)
(a)
By Subdivider. If the subdivider disagrees with any action by the planning commission with respect to the tentative subdivision map, the subdivider may, within ten days of the decision, file an appeal with the county clerk. The board of supervisors shall consider the appeal within thirty days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to Section 16.16.080. In addition, notice shall be given to the subdivider and the planning commission and upon conclusion of the public hearing, the board of supervisors shall within ten days declare its findings. The board of supervisors may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and director of planning and building services or designated representative and shall make findings and conditions which are consistent with the provisions of this chapter or the Subdivision Map Act.
(b)
By Interested Persons Adversely Affected. Any interested person adversely affected by a decision of the planning commission may file an appeal with the board of supervisors concerning such decision. Any such appeal shall be filed with the board of supervisors within ten days after the action which is the subject of the appeal. No appeal shall be considered after the ten-day period. The board of supervisors may, at its discretion, reject the appeal within fifteen days or set the matter for hearing. If the board of supervisors rejects the appeal, the appellant shall be notified of such action. If the matter is set for hearing, a public hearing shall be held within thirty days after filing of the appeal pursuant to the procedures contained in subsection (a) of this section with additional notice being given to the affected interested persons.
(c)
For General Plan and Specific Plan Conformity. Any interested person may appeal any decision of the planning commission relative to conformity to the General Plan or any specific plan of the county to the board of supervisors. Such appeal and hearing thereon shall be in accordance with subsection (a) of this section, with additional notice to be given to the appellant.
(Ord. 2022-12 § 4)
(a)
The approval or conditional approval of a tentative subdivision map shall expire twenty-four months from the date the planning commission approves or conditionally approves the map or from the date of board of supervisors review, if any. An extension to the expiration date may be approved as provided in Section 16.16.150(b). Any extension request shall be accompanied by the applicable fee listed in Chapter 3.18 of the Lassen County Code.
(b)
The period of time specified 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 board of supervisors. Within ten days of the service of the initial petition or complaint upon the county, the subdivider shall, in writing to the director of planning and building services, request a stay in the time period of the tentative map. Within forty days after receiving the request, the board of supervisors shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall bear hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the board of supervisors shall, within ten days, declare its findings.
(c)
The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.
(d)
Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.
(Ord. 2022-12 § 4)
(a)
Request by Subdivider. The subdivider or agent may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department of planning and building services. The application shall be filed not less than thirty days before the map is to expire and shall state the reasons for requesting the extension. The application shall be accompanied by the applicable extension request fee listed in Chapter 3.18 of the Lassen County Code.
(b)
Planning Commission Action. The director of planning and building services or designated representative shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval or denial at the next scheduled planning commission meeting. A copy of the director of planning and building services' report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. The resolution adopted by the planning commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.
(c)
Time Limit of Extension. The approved extension shall not exceed three extensions of a maximum of sixteen months each. No new expiration date shall extend more than six years beyond the date of approval of the tentative map by the planning commission or board of supervisors approving or conditionally approving the tentative map. These extensions shall be in addition to any automatic extensions that are granted by the state of California.
(Ord. 2022-12 § 4)
(a)
Minor changes in the tentative map may be approved by the department of planning and building services upon application by the subdivider or on its own initiative, provided:
(b)
Any revision shall be approved by the director of planning and building services or designated representative.
(d)
Any approved amendment shall not alter the expiration date of the tentative map.
(Ord. 2022-12 § 4)