A. 
Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the City Planner. The City Engineer shall not approve a final map unless a tentative map of the subdivision is approved pursuant to this chapter. Prior to filing a tentative map, the subdivider or authorized agent shall confer with the City Planner and the City Engineer regarding the preparation of the map. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter.
B. 
Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this title, the City Engineer shall not approve such map unless a tentative map of the subdivision is approved pursuant to this chapter.
C. 
Tentative maps shall be prepared and processed in accordance with the Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of the tentative map or other required information as the City Planner may require.
(Ord. 9417 § 2, 1975; Ord. 1256 §§ 6, 9, 1982; Ord. NS-676 § 14, 2003; Ord. CS-164 § 10, 2011; Ord. CS-192 § 11, 2012)
A. 
An application for a tentative map may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1. 
Be made in writing on a form provided by the City Planner;
2. 
State fully the circumstances and conditions relied upon as grounds for the application; and
3. 
Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the City Planner.
B. 
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
C. 
If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the Planning Commission and the City Council.
D. 
The City Planner shall not accept a tentative map for processing or filing unless the City Planner finds that:
1. 
The requirements of Title 19 of this code have been met;
2. 
The tentative map is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued.
E. 
All tentative maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act.
If the decision-making authority does not take action to approve, conditionally approve or deny the tentative map within the time limits specified by this title or the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of this code and the Subdivision Map Act.
F. 
Notwithstanding the provisions of subsections D and E of this section, a tentative map may be processed concurrently with other development permits or approvals required for the project, pursuant to Title 19 or 21 of this code, if the subdivider for the tentative map first waives the time limits for processing, approving or conditionally approving or disapproving the tentative map established by this title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this code, a tentative map may be processed but shall not be deemed complete until the environmental documents are completed.
(Ord. 9521 § 8, 1979; Ord. 9559 § 1, 1980; Ord. 1256 § 6, 1982; Ord. 1266 § 4, 1983; Ord. 9870 § 7, 1985; Ord. NS-676 § 14, 2003; Ord. CS-164 § 10, 2011; Ord. CS-192 § 11, 2012)
There shall be filed with each tentative map a grading plan showing any grading proposed for the creation of building sites within the subdivision or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topographical contours, may be shown on the tentative map. This plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map.
(Ord. 9417 § 2, 1975)
The size of such tentative map is optional; the scale shall not be less than 200 feet to the inch.
(Ord. 9417 § 2, 1975)
Each tentative map shall contain the following information:
A. 
Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider;
B. 
Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps;
C. 
North point;
D. 
Scale;
E. 
Date of preparation;
F. 
The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof;
G. 
Location and width of alleys;
H. 
Name, location and width of adjacent streets;
I. 
Lot lines and approximate dimensions and numbers of each lot;
J. 
Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features;
K. 
Approximate contours at two-foot intervals;
L. 
Approximate location of existing buildings and permanent structures;
M. 
Location of all major vegetation, showing size and type;
N. 
Legal description of the exterior boundaries of the subdivisions;
O. 
Width and location of all existing or proposed public or private easements;
P. 
Classification of lots as to intended residential, commercial, industrial or other uses;
Q. 
Location of railroads;
R. 
Approximate radii of curves;
S. 
Proposed name and city tract number of the subdivision;
T. 
Any proposed phasing by units;
U. 
Number of units to be constructed when a condominium or community apartment project is involved.
(Ord. 9417 § 2, 1975)
The tentative map shall show thereon, or be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:
A. 
Source of water supply;
B. 
Type of street improvement and utilities which the subdivider proposes to install;
C. 
Proposed method of sewage disposal including location of facilities;
D. 
Proposed stormwater sewer or other means of drainage, including the location of such facilities;
E. 
Protective covenants to be recorded;
F. 
Proposed tree planting.
(Ord. 9417 § 2, 1975)
A. 
At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the Government Code.
B. 
If the provisions of Chapter 21.37 apply to the mobile home park, the report specified in subsection A of this section shall include the report specified by Section 21.37.110(b)(3) of this code.
C. 
In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least 15 days prior to the hearing on the map. If Chapter 21.37 applies, the subdivider shall also provide all notices required by Section 21.37.120 of this code. The decision-making authority may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park, and shall make all the findings required by Section 21.37.120.
D. 
When approving or conditionally approving a tentative map for conversion of a mobile home park, the decision-making authority shall do one of the following:
1. 
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 additional land for mobile home parks;
2. 
Find that there is sufficient land zoned for mobile home parks or sufficient space available in other mobile home parks for the residents who will be displaced;
3. 
Require the subdivider to mitigate any adverse impact pursuant to subsection C of this section;
4. 
Find that the mitigation required by paragraphs 1 and 3 of this subsection are not feasible. "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.
(Ord. CS-192 § 12, 2012)
Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the decision-making authority to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury.
(Ord. 9602 § 8, 1981; Ord. CS-192 § 12, 2012)
A. 
The City Planner shall obtain the recommendation of the City Engineer, the Parks and Recreation Director, the Fire Chief or their authorized representatives with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements. Recommendations may also be obtained from affected agencies and any other person affected by or interested in the proposed subdivision, if such recommendations are found to be necessary.
B. 
Within 10 days after the filing of a tentative map, the City Planner shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or unified school district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the city indicating the impact of the proposed subdivision and its recommendations within 20 working days after said notice was mailed, or the governing board shall be deemed to have approved the proposed subdivision.
C. 
The City Planner shall prepare a staff report to the decision-making authority containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project at least three days prior to any hearing or action on such map by the Planning Commission.
D. 
The City Planner shall set the map for public hearing before the Planning Commission.
(Ord. 9417 § 2, 1975; Ord. 9521 § 9, 1979; Ord. 9602 § 9, 1981; Ord. 1256 § 6, 1982; Ord. NS-676 § 14, 2003; Ord. CS-164 § 10, 2011; Ord. CS-192 § 12, 2012)
A. 
Notice of the public hearing for a tentative map application shall be given pursuant to Sections 21.54.060 and 21.54.061 of this code.
If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by mail to each tenant of the subject property and shall include notification of the tenant's right to appear and be heard.
B. 
Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title.
(Ord. CS-192 § 12, 2012)
A. 
The Planning Commission shall have the authority to approve, conditionally approve or deny a tentative map based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at a public hearing.
B. 
The Planning Commission shall hear the matter, and may approve or conditionally approve the tentative map if all of the findings of fact in Section 20.12.091 of this chapter are found to exist.
1. 
Whenever the Planning Commission approves or conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Section 20.08.130 or 20.08.140; Chapter 20.09; or Section 20.16.041, 20.16.042 or 20.16.043, the map shall be forwarded to the City Council, which shall hold a public hearing on the issue of the improvements.
2. 
Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. However, where the Planning Commission does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards.
C. 
Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements which must be met or performed.
(Ord. 9417 § 2, 1975; Ord. 9521 § 10, 1979; Ord. 9532 § 2, 1979; Ord. 9559 § 2, 1980; Ord. 9602 § 10, 1981; Ord. 9626 § 3, 1982; Ord. CS-192 § 12, 2012)
A. 
The decision-making authority may approve or conditionally approve a tentative map if all of the following findings are made:
1. 
The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, applicable master and specific plans and with applicable provisions of Title 21.
2. 
All approvals and permits required by Title 21 for the project have been obtained or will be concurrently obtained with the approval of the subdivision.
3. 
The site is physically suitable for the type of development.
4. 
The site is physically suitable for the proposed density of development.
5. 
The design of the subdivision or proposed improvements:
a. 
Are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat; or
b. 
If an environmental impact report was prepared with respect to the project, a finding was made, pursuant to Section 21081(a)(3) of the California Public Resources Code, that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
6. 
The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
7. 
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or, 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 finding 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 the decision-making authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
8. 
All requirements of the California Environmental Quality Act have been met.
9. 
The proposed subdivision meets or performs all applicable requirements or conditions of this title and the Subdivision Map Act, unless failure to do so is a result of a technical and inadvertent error that does not materially affect the validity of the subdivision.
10. 
In the case of conversions of residential real property to condominiums, community apartments or stock cooperatives, all required notices and reports to tenants have been or will be sent as required by California Government Code Section 66427.1 and other applicable laws.
11. 
If the proposed subdivision is on land that is subject to any of the contracts or easements specified in Section 66474.4 of the California Government Code:
a. 
The parcels resulting from the subdivision will be large enough to sustain agricultural use, as specified in Section 66474.4 of the California Government Code; and
b. 
If the subdivision will create lots for residential use, the residential development will be incidental to the commercial agricultural use of the land.
12. 
The proposed subdivision complies with all requirements of the hillside development regulations, Chapter 21.95 of the Carlsbad Municipal Code.
(Ord. 9602 § 10, 1981; Ord. 9760 § 8, 1985; Ord. 9806 § 3, 1986; Ord. 9827 § 1, 1987; Ord. CS-192 § 12, 2012)
A. 
When a decision on a tentative map is made pursuant to this chapter, the decision-making authority shall announce its decision and findings by formal resolution.
B. 
The announcement of decision and findings shall include:
1. 
A statement that the tentative map is approved, conditionally approved, or denied;
2. 
The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the tentative map necessary to carry out the provisions and general purpose of this title;
3. 
Such conditions and limitations that the decision-making authority may impose in the approval of the tentative map.
C. 
The announcement of decision and findings shall be mailed to:
1. 
The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division;
2. 
Any person who has filed a written request for a notice of decision.
(Ord. 9602 § 10, 1981; Ord. 9626 § 4, 1982; Ord. 9758 § 5, 1985; Ord. CS-192 § 12, 2012)
Decisions on tentative maps shall become effective as of the date specified by resolution of the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.150 of this code and Section 66452.5 of the Subdivision Map Act.
(Ord. CS-192 § 12, 2012)
A. 
The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved unless it has been extended pursuant to Section 20.12.110 of this chapter.
B. 
The time period specified in subsection A of this section, including any extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a development moratorium as defined in Section 66452.6(f) of the California Government Code, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years.
C. 
The period of time specified in subsection A, including any extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the City Council pursuant to this subsection.
1. 
An application for a stay must be filed by the subdivider in writing with the City Planner within 10 days of the service on the city of the initial petition or complaint in such lawsuit.
2. 
The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation.
3. 
The City Planner shall notify all parties to the litigation of the date when the application will be heard by the City Council.
4. 
Within 40 days after receiving such application, the City Council shall approve or conditionally approve the stay for up to five years or deny the requested stay.
D. 
Prior to the expiration of the tentative map, a final map conforming to the requirements of Chapter 20.20 of this title may be filed with the City Engineer for approval. The final map shall be deemed filed on the date it is received by the City Engineer. Once a timely and complete filing has been made pursuant to this section, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may occur after the date of expiration of the tentative map.
E. 
The expiration of the 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. 9549 § 3, 1980; Ord. 9680 § 2, 1983; Ord. 9760 § 9, 1985; Ord. 9806 §§ 4—6, 1986; Ord. CS-032 § 1, 2009; Ord. CS-135 § 7, 2011; Ord. CS-192 § 12, 2012)
A. 
Automatic Time Extension. Pursuant to California Government Code Section 66452.23, the expiration date of any tentative map, which has not expired on or before July 15, 2011 and will expire before January 1, 2014, shall be extended by two years.
1. 
The expiration of all project related permits or approvals, which were granted concurrently, shall be extended by two years, provided said permits or approvals have not expired on or before July 15, 2011.
2. 
This section shall automatically sunset on January 1, 2014, unless Government Code Section 66452.23 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law.
B. 
Time Extension by City Planner.
1. 
The City Planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a tentative map is valid, subject to the following:
2. 
Prior to the expiration date of the tentative map, the subdivider shall submit a written request for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by the City Council.
3. 
Provided the written request for a time extension is timely filed, the tentative map shall be automatically extended for 60 days or until a decision to approve, conditionally approve or deny the request is rendered, whichever occurs first; however, if a time extension is granted, it shall be based on the original approval date.
4. 
The City Planner shall extend the tentative map for an additional two years, if the following findings are made:
a. 
The tentative map remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered;
b. 
Circumstances have not substantially changed since the tentative map was originally approved;
c. 
The City Planner may grant no more than three two-year extensions, for a total cumulative time extension of six years;
d. 
All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently with the tentative map, provided such permits or approvals remain consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered;
e. 
When granting an extension of a tentative map, the City Planner may impose new conditions and may revise existing conditions;
f. 
The City Planner shall announce in writing, by letter, his or her decision to grant or deny an extension of a tentative map. A copy of the letter announcing the City Planner's decision shall be mailed to the subdivider and to any person who has filed a written request to receive such notice.
5. 
City planner decisions on time extensions shall become effective as of the date specified by resolution of the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code; except, if the City Planner denies the time extension, the subdivider may file an appeal with the City Clerk within 15 days of the denial, and said appeal shall be subject to the same process required for appeals of Planning Commission decisions specified in Section 21.54.150 of this code.
C. 
Extensions when Filing Multiple or "Phased" Final Maps. In addition to the provisions for time extensions specified in subsections A and B of this section, a tentative map for which the filing of multiple or "phased" final maps has been authorized shall be extended subject to the following provisions:
When the subdivider is required to expend an amount equal to or greater than specified in California Government Code Section 66452.6(a), as determined at the time the tentative map is approved, to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property and are reasonably related to the development of that property, then each filing of a final map authorized by Section 20.20.020(C) of this code shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date it would otherwise have expired or the date of the previously filed final map, whichever is later.
1. 
The extensions granted pursuant to this subsection shall not extend the tentative map for more than 10 years, excluding extensions granted pursuant to subsections A and B of this section. However, a tentative map for property subject to a development agreement authorized by the California Government Code and this code may be extended for a period of time provided for in the agreement, but not beyond the duration of the agreement.
2. 
"Public improvements," as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
D. 
Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this title, and by the provisions of subsection C of this section.
(Ord. 9417 § 2, 1975; Ord. 9602 § 11, 1981; Ord. 9626 § 7, 1982; Ord. 9806 § 7, 1986; Ord. NS-422 § 2, 1997; Ord. CS-003 §§ 1, 3, 2008; Ord. CS-087, 2010; Ord. CS-135 § 8, 2011; Ord. CS-192 § 12, 2012)
A. 
An approved tentative map may be amended by following the same procedure required for the approval of said tentative map (except that if the City Council approved the original tentative map, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted by the City Council.
B. 
If an approved tentative map was issued concurrently with the approval of another project related development permit(s), any amendment to said tentative map shall be acted on by the decision-making authority that approved the original tentative map, except that if the City Council approved the original tentative map, the Planning Commission shall have the authority to act upon the amendment.
C. 
In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions.
D. 
An amended tentative map shall conform to the following requirements:
1. 
The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map.
2. 
The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.
3. 
The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps.
E. 
A tentative map amendment may be filed prior to expiration of a tentative map or within the period of time specified in any extension granted thereto.
(Ord. 9417 § 2, 1975; Ord. 9602 § 12, 1981; Ord. 1256 § 12, 1982; Ord. NS-422 § 3, 1997; Ord. NS-676 § 12, 2003; Ord. CS-164 § 11, 2011; Ord. CS-192 § 12, 2012)
The vesting tentative map may be filed and processed in the same manner and subject to the same requirements as a tentative map except as provided in Chapter 20.17.
(Ord. 9788 § 5, 1986)