At a minimum, each tentative map submitted to the city must
contain all the following information, as applicable:
(a)
The tract or parcel number of a subdivision.
(b)
The submittal date, north arrow, and scale.
(c)
A sufficient legal description of the land to define the boundaries
of the proposed division of land.
(d)
A legend indicating the location of the proposed division of land
in relation to the surrounding area.
(e)
The name and address of the record owner, the subdivider, and the
civil engineer or licensed surveyor under whose direction the map
was prepared, including the registration number of the engineer or
surveyor and the names and addresses of all operators of the utility
systems of the subdivision.
(f)
The existing topography of land proposed to be divided using contour
intervals as follows:
(1)
One foot when the slope of the ground is less than five percent;
(2)
Two feet when the slope of the ground ranges from five percent to
ten percent;
(3)
Five feet when the slope of the ground exceeds ten percent but is
less than twenty-five percent; and
(4)
Ten feet when the slope of the ground is twenty-five percent or greater.
(g)
At least every fifth contour of topography described above must be
clearly and distinctively labeled and indicated. Contours of adjacent
land must also be shown whenever the surface features of such land
affect the design and/or improvement of the proposed division. The
tentative map must contain a statement by the person preparing the
map stating the source of information used to develop the contours
shown on the map.
(h)
The approximate location and outline to scale of each building or
structure on the property proposed for division. Buildings or structures
on adjacent property must also be shown if such buildings or structures
affect the design of the proposed subdivision. Each building shown
must be identified by house number or other identifying feature, including
a notation on each building, structure, fence, wall, tree row, and
land use to be retained.
(i)
The approximate location of all areas subject to inundation or storm
water overflow and the location, width, and direction of flow of each
watercourse and existing flood control district channels within one-half
a mile of the exterior boundaries of the subdivision.
(j)
Descriptions of the proposed source of water supply and the proposed
method of sewage disposal.
(k)
A proposed method and plan for storm water treatment and conveyance
in accordance with the Los Angeles Regional Water Quality Control
Board's low impact development ("LID") requirements.
(l)
The approximate location of each area covered by trees, with a statement
of the nature of the cover and the kind and approximate location of
all trees standing within the boundaries of proposed public rights-of-way.
(m)
The location, width, approximate grade, and curb radii of all existing
and proposed streets and highways within and adjacent to the proposed
subdivision.
(n)
The width, purpose, and approximate location of all existing and
proposed easements or rights-of-way, whether public or private, within
and adjacent to the proposed subdivision, as well as the approximate
radius and arc length of each centerline curve.
(o)
The approximate lot layout and the approximate dimensions and net
area of each lot and building site. Engineering data must 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. All
lot lines must be located at the top of the slopes.
(p)
The proposed areas for public use.
(q)
The angle of intersecting streets or highways if such angle deviates
from a right angle by more than four degrees.
(r)
The location of all cut-and-fill slopes, or a separate grading plan.
(s)
Each street shown by its actual street name or by a temporary name
or letter for purpose of identification until the proper name of such
street is determined.
(t)
The name(s) of any geologist or soils engineer whose services were
utilized in preparing the design of the tentative map.
(u)
A geologic soils report based on adequate test borings or excavations
prepared by a civil or geotechnical engineer, registered by the state
of California, unless the director or building official determines
that, due to information the city has regarding the qualities of the
soil of such subdivision or lot, no preliminary analysis is necessary.
If stormwater infiltration is proposed as part of the project, liquefaction
and percolation tests must also be included.
(1)
If the preliminary soil report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would
lead to structural defects, the person filing the tentative map must
submit a soils investigation of each lot within the subdivision, prepared
by a California-registered civil or geotechnical engineer, who must
recommend corrective action likely to prevent structural damage to
each dwelling proposed to be constructed on the expansive soil.
(2)
The building official, or designee, must approve the preliminary
soils report when a report proposes mitigation measures that would
prevent structural damage to proposed structures. Additionally, the
building official must ensure that proposed mitigation measures are
incorporated into the conditions for issuing a building permit.
(v)
A geologic hazards report, if the director finds that a written geological
hazards report is necessary to determine whether the property to be
subdivided is subject to an existing or potential geological hazard.
Such report must be prepared by a registered engineering geologist
and must state:
(1)
Whether the proposed plan is feasible;
(2)
Proposed solutions for all known hazardous conditions or problems;
(3)
The location and lot numbers of any test borings;
(4)
The effect of the geology on the proposed development and on adjacent
properties; and
(5)
A description of specific locations in which development may create
hazardous conditions.
(w)
Any additional information or necessary disclosures required by the
director or city planner to be included on the tentative map and which
may arise during the application review process.
(x)
All tentative maps for airspace subdivisions that create airspace
lots must provide cross-sectional drawings showing how the proposed
building or buildings are to be divided into ownership boundaries,
and record a deed restriction that ensures the following:
(1)
Airspace lots must have access to appropriate public rights-of-way,
common spaces, ingress, egress, parking and other areas available
for common use by means of CC&Rs, management documents, one or
more easements, or other entitlements to use, in a form satisfactory
to the city attorney, director, and building official.
(2)
Inclusionary housing requirements, building code requirements, all
other applicable property development standards required by the municipal
code and any other technical code requirements affecting the development
of the property, will be determined for the airspace lots as if all
lots in the airspace subdivision were merged into the same lot.
(3)
Individual buildings that are subdivided by an airspace map will
be reviewed as a single building for purposes of applying the building
code, municipal code, and General Plan policies. Property development
standards including, but not limited to, density, lot coverage, floor
area ratio, parking, height, and setbacks will be calculated as if
the subdivided building were one building within one lot.
(Ord. 2189 § 1, 2020)
(a)
Tentative maps must be filed with the director on forms provided
by the planning department and in accordance with procedures established
by that department.
(b)
The city planner will preliminarily review the tentative map application
for completeness and required compliance with CEQA. Within thirty
calendar days after receiving a tentative map application, the director
must inform the applicant in writing whether the application is deemed
complete.
(c)
If the application and submitted materials are determined not to
be complete, the city's determination must specify those parts of
the application which are incomplete and must indicate how they can
be made complete. Such decision may be appealed to the planning commission
in accordance with Title 21. The city must make a final written determination
on the appeal within sixty days of receipt of the applicant's written
appeal.
(d)
Pursuant to Section 65943 of the Act, the applicant and city may
mutually agree to extend any of the time limits provided by this section.
(Ord. 2189 § 1, 2020)
The director must send notice of the tentative map application
to other city departments, the fire department, schools, utility companies,
and other agencies that may have an interest in the tentative map
application for the purpose of receiving comment from those departments,
companies, and agencies.
(Ord. 2189 § 1, 2020)
Within five days after a tentative map is filed, the director
must send notice to the governing board of any school district within
the boundaries of which the subdivision is proposed to be located.
Such notice must 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. Failure of
the school district to respond within fifteen days after receiving
notice is deemed approval of the proposed subdivision by the school
district.
(Ord. 2189 § 1, 2020)
(a)
The planning commission must hold a public hearing in accordance
with this chapter to consider the tentative map application.
(b)
At the conclusion of the public hearing, the planning commission
must determine the extent to which the tentative map complies with
the code and decide whether to approve, conditionally approve, or
deny the tentative map application. The decision of the planning commission
is final.
(Ord. 2189 § 1, 2020)
All actions by the director and planning commission must occur
within the time limits specified in Sections 66452.1 and 66452.2 of
the Act and Public Resources Code Section 21151.5.
(Ord. 2189 § 1, 2020)
(a)
In acting to approve or conditionally approve a tentative map, together
with the provisions for its design and improvement, the city council
must find that the proposed subdivision is:
(1)
Consistent with the Monterey Park General Plan;
(2)
Consistent with any applicable specific plan or planned development;
(3)
Consistent with the provisions of this code;
(4)
In the interest of public health and safety; and
(5)
A necessary prerequisite to the orderly development of the surrounding
area.
(b)
The findings apply to the entire subdivision; to each proposed parcel
within the subdivision; and any designated remainder parcel.
(c)
For condominium conversions, the city council must make the additional
findings as set forth in Section 66427.1 of the Act.
(Ord. 2189 § 1, 2020)
A tentative map application must be denied if the planning commission
finds any of the following findings consistent with Section 66474
of the Act:
(1)
The proposed map is not consistent with the General Plan or specific
plans as specified by Section 65451 of the Act;
(2)
The design or improvement of the proposed subdivision is not consistent
with an applicable General Plan or specific plan;
(3)
The site is not physically suitable for the type of development proposed;
(4)
The site is not physically suitable for the proposed density of development
proposed;
(5)
The design of the subdivision or the proposed improvements will likely
cause substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat;
(6)
The design of the subdivision or type of improvements will likely
cause serious public health or safety problems; or
(7)
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. The city council
may approve a tentative map, however, if it finds that alternate easements
will be provided, and that these will be substantially equivalent
to the ones previously acquired by the public. All easements must
be recorded or established by court order.
(Ord. 2189 § 1, 2020)
The planning commission may also deny a proposed tentative map
based on any of the following findings:
(a)
The proposed subdivision is inconsistent with all applicable provisions
of this code;
(b)
The proposed subdivision is not compatible with surrounding developments
in terms of density, patterns of development, access, or other considerations;
or
(c)
The city's cost of providing infrastructure support or services outweigh
any benefits associated with the subdivision.
(Ord. 2189 § 1, 2020)
In acting to approve a tentative map, the planning commission
may impose conditions on map approval in accordance with the Act,
this code to, among other things, achieve the objectives of the General
Plan, ensure consistency with the provisions of this code, and mitigate
against adverse environmental impact.
(Ord. 2189 § 1, 2020)
(a)
A subdivider may request changes to an approved tentative map or
its conditions of approval before the city clerk records the map.
Such a request must be made on forms provided by the director and
be accompanied with payment of required fees. Requested changes to
an approved tentative map include:
(b)
Changes other than as set forth in this section requires a new tentative
map application.
(c)
The application for a change to an approved tentative map or map
conditions is processed in the same manner as the tentative map.
(d)
The planning commission must make either of the following findings,
as applicable, to make any proposed changes to a previously approved
tentative map:
(e)
Modification of an approved tentative map or its conditions of approval
does not extend the time limits applicable to the filing of a final
map.
(Ord. 2189 § 1, 2020)
(a)
Except as otherwise specified by a development agreement or pursuant
to Section 66452.6(a)(1), a tentative map expires twenty-four months
after the date the map was approved.
(b)
The person filing the tentative map may file a written request for
an extension (Section 66452.6(e)) or stay (Section 66452.6(c)) of
an approved tentative map with the director before the map's expiration
date. The request must state the reasons for the extension or stay.
The written request must be filed at least fifteen days before the
tentative map's expiration date. The ultimate length of an extension
or stay must be consistent with the Act.
(c)
The city council will either approve, conditionally approve or deny
extension requests. Each extension of tentative map approval or conditional
approval may be allowed for a period not exceeding one year from the
anniversary date of the map's original approval. The total time of
extensions cannot exceed six years from the initial expiration date.
(d)
Within forty days after receiving an application for a stay, the
city council must either approve the requested stay for a period not
exceeding five years or deny the application. A stay may be for the
period of time during which a lawsuit involving the tentative map
is or was pending in a court of competent jurisdiction, not to exceed
at total of five years.
(e)
Modification of an approved tentative map or its conditions of approval
does not extend the time limits imposed by this section, unless an
extension or stay is specifically granted.
(Ord. 2189 § 1, 2020)
