Each subdivider of either a major subdivision or a parcel split
shall file with the planning division such number of copies of the
tentative map as may be required from time to time by the city. The
planning division shall make available to the subdivider or his representative,
a copy of pertinent city regulations and such other instruction sheets
providing information relative to the preparation of the tentative
map. The time of filing of a tentative map shall be construed to be
the time at which the map, together with the required data, is received
by the director, all fees have been paid and all procedures under
the city rules to implement the California Environmental Quality Act
of 1970, including the preparation of a final environmental impact
report if required, have been completed. The director shall indicate
the date of filing upon all copies of the tentative map and accompanying
data. One copy of a preliminary title report on the property to be
divided shall accompany the tentative map. The tentative map shall
depict the property proposed to be divided and shall further depict
all lands in the name of or under option to the subdivider and/or
owner of the property proposed to be divided located in the vicinity
of the proposed subdivision.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-1)
Fees shall be paid in accordance with Chapter
26.36.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-2)
The subdivider shall cause the tentative map of the land proposed
to be divided to be prepared by a registered civil engineer or licensed
land surveyor.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-3)
The following information shall be delineated on the tentative
map except those items determined by the city staff as not being pertinent
to a particular tract:
1. Tract
number, title of map, and section description of property;
2. Name
and address of owner and subdivider;
3. Name
and address of person preparing map;
4. Approximate
acreage and overall dimensions;
5. North
point, scale and date; minimum scale one hundred feet to one inch;
6. Subdivision
boundary line and vicinity map;
7. Names
and book and page numbers of adjoining subdivisions;
8. Names,
locations and widths of adjacent streets;
9. Identifying
landmarks and existing structures, both above and below ground;
10. Names,
locations and widths of proposed streets;
11. Approximate
grades of proposed and existing streets;
12. Streets
and rights-of-way providing legal access to the property;
13. Excavations
within two hundred feet of the subdivision;
14. Approximate
radii of curves;
15. Widths
of alleys and easements;
16. Names
of utility companies and location of existing and proposed public
utilities;
17. Elevations
of sewer at proposed main connections;
18. Existing
culverts and drain pipes;
19. Watercourses
and channels including existing and proposed facilities for control
of storm waters;
20. Land
subject to overflow, inundation or flood hazard;
21. Railroads
and other rights-of-way;
22. Lands
and parks to be dedicated to public use;
23. Dimension
of reservations;
24. Proposed
lot lines and approximate dimensions;
25. Adjoining
property and lot lines;
26. Setback
lines from front streets and side streets (if adjustments are requested);
27. Contours,
with maximum interval as follows:
Slope (percent)
|
Interval (in feet)
|
---|
0 - 3
|
2
|
3 - 9
|
5
|
10 plus
|
10
|
Copies of U.S.G.S. maps are not acceptable.
28. Existing
use of property immediately surrounding tract;
29. Proposed
land use of all lots (single-family, multifamily, business, industrial);
31. Method
of sewage disposal;
32. Existing
zoning and proposed zoning;
33. Name
of school district and boundary if within two districts;
34. Names
of any special districts serving the proposed subdivision and location
of boundary if within area of tentative map;
35. If
it is contemplated that the development will proceed by units, the
boundaries of such units shall be shown;
36. Two
cross-sections of the property at the midpoints.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-4)
Reports and written statements on the following matters shall
accompany the tentative map unless waived in writing:
A. Subdivision
building or development plan;
B. Proposed
method of control of storm water, including data as to grade and dimensions;
C. Protective
covenants proposed to be recorded;
D. If
private streets are proposed, the method by which their maintenance
will be accomplished and financed;
F. A written
statement from the city health officer stating the type of sewage
disposal that will be permitted. To aid in this determination, the
city health officer may require soil percolation tests or other pertinent
information;
G. Proposed
landscaping and irrigation;
H. Preliminary
soils report and grading plan.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-5)
The procedures outlined in Sections
26.20.070 through
26.20.100 shall be followed except as they may be mutually modified by the city and applicant.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-6)
Within seven working days of filing of a tentative subdivision
map, the director shall transmit the requested number of copies of
the map together with accompanying data to such public agencies and
public and private utilities as may be concerned. Each of the public
agencies and utilities may, within ten days after the map has been
received by such agency, forward to the director a written report
of its findings and recommendations thereon. Within twenty-five days
after submission, the director will hold a conference on the tentative
map with the subdivider and the land division committee.
The director shall prepare a written report of recommendations
on the tentative map in relation to the requirements of this title
and other applicable regulations of the city or public and private
utilities and shall submit the same to the commission within thirty
days after receipt of the map.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-6.01)
The land division committee shall make such recommendations
to the subdivider as seem proper regarding such tentative map, and
shall recommend consultations by the subdivider with such organizations,
including public and private utilities as it shall designate and shall
report its conclusions and findings in writing to the subdivider within
seven days of the conference. This procedure is not required in the
processing of a parcel split. However, consultation with the director
prior to the preparation of a tentative parcel map is recommended.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-6.02)
The commission shall consider the tentative map as submitted
by the subdivider together with the recommendations prepared by the
director. The director may, with a minimum of three working days'
notice, require that all or any part of the boundaries and/or streets
of a proposed subdivision be flagged at the site to facilitate any
field review of the commission. The commission shall review any tentative
map submitted within fifty days after the tentative map has been filed
and the resolution shall either approve, conditionally approve, or
disapprove said map. The number, size and configuration of lots to
be created and the alignment and width of streets and easements shall
be depicted upon the tentative map prior to approval by the commission.
Conditions to make the map approvable which involve modifications
to lots in terms of number, size or configuration, or to streets in
terms of alignment or width may be set forth by the commission for
the guidance of the subdivider. However, when such conditions are
substantial, the land division committee may require that these changes
be incorporated upon a revised tentative map and be returned to the
director. The director shall have the authority to approve the resubmitted
revised tentative map on behalf of the commission if the map is clearly
in conformity with the conditions established by the commission. The
director may, at his discretion, require that the revised map be submitted
to the commission for approval in any instance where the map is not
clearly in conformity with such conditions. Any report or recommendation
on the tentative map by the staff to the commission shall be in writing
and a copy thereof shall be served on the subdivider at least three
days prior to any hearing or action on such map by the commission.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-6.03; Ord. 286, 1982)
A. If
the commission finds that the proposed map does not meet the requirements
or conditions of this title or the Map Act, it shall disapprove the
map. The commission may waive any irregularities in the proposed map
if a determination is made that such irregularity is the result of
a technical or inadvertent error which does not materially affect
the validity of the map.
B. No
map shall be approved unless the commission finds that the proposed
subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan.
C. The
commission shall deny approval of a tentative map, as required by
the Map Act, if it makes any of the following findings:
1. That
the density of the proposed subdivision 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 unavoidably
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 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.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-6.04; Ord. 286, 1982)
All tentative subdivision maps shall be reviewed by the planning
commission at a duly noticed public hearing. Notice for the public
hearing shall be mailed to the subdivider and to the owners of all
property within three hundred feet of the exterior boundaries of the
property involved at least ten days prior to the date of the hearing.
The latest equalized county assessment roll shall be used for the
notice. Any interested person may appear at such a hearing and shall
be heard.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-7; Ord. 286,
1982)
The decision of the planning commission shall be final on the
sixteenth day following the date of the decision unless an appeal
has been filed with or the map has been called up for review by the
city council.
(Ord. 286, 1982)
A decision of the planning commission may be appealed to the
city council within fifteen days of the date of the decision by filing
an application of appeal with the city clerk. The appeal shall be
processed in the manner set forth in Chapter 25.86 of the city municipal
code.
(Ord. 286, 1982)
In approving a tentative map, the commission or council may grant a suspension of any of the subdivision requirements set forth or referred to in this title, except underground facilities which may be waived only by the council; provided such suspensions are not inconsistent with state law. A variance from the lot area, frontage, width, depth and front yard or setback requirements of the various zones set forth in this code, may also be granted by the commission or the council. Any such suspension or variance shall be based upon a sufficient showing that there are special circumstances or conditions affecting the property in question and that such suspension or variance, if granted, will not be materially detrimental to the general welfare of adjacent persons or property, and such other findings for suspension or variance as may be required in other sections of this code. If such suspension or variance is requested, a public hearing shall be conducted as provided in Section 25.86.010 of this code. The time limits established in Section
26.20.070 through
26.20.100 may be extended by mutual consent of the subdivider and the commission or council as appropriate.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-8)
One copy of the map and accompanying data, together with the
commission's resolution, any staff reports and a record of the council's
resolution with conditions of approval, if any, shall be filed with
the director, and retained until recordation of the final map or maps
encompassing the total area included in the tentative map.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-9)
A. Upon
written application of the subdivider made within twenty-four months
of the approval or conditional approval of the tentative map, the
planning commission may grant an extension of time of up to eighteen
months for filing of the final map.
B. All
applications shall be filed sufficiently in advance of the expiration
date to permit inclusion upon the commission agenda, and to permit
commission action prior to such expiration date. At the time of consideration
by the council of the extension of the approved tentative map, the
commission may hear the testimony of any witnesses interested in the
matter. Unless the subdivider and commission agree that additional
time is needed for consideration, the commission shall declare its
decision within twenty days of the matter appearing on its agenda.
The commission may approve, or deny the request for extension.
C. The
responsibility for making timely application for any extension shall
remain entirely with the subdivider, and the city assumes no obligations
to notify the subdivider that any tentative map or extension thereof
is about to expire.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-10; Ord. 286,
1982)
Upon written application of the subdivider made within eighteen months of a time extension granted under Section
26.20.140 an additional extension of time of up to twelve months for the filing of a final map may be granted by the commission. The procedures set forth in Section
26.20.140 shall be used in processing the additional time extension request.
(Ord. 286, 1982)
Any revised tentative map shall comply with all the provisions
of the Map Act and this title in effect at the time the revised map
is approved. Proceedings on a revised tentative map shall be conducted
in the same manner as for the original approval of a tentative map.
The approval or conditional approval of a revised tentative map shall
annul approval of the previous tentative map, but the approval thereof
shall not extend the time within which the final map may be filed.
(Ord. 125 § 1, 1976, Exhibit
A § 26.5-11)