The purpose of this chapter is to establish the town's regulations, standards and procedures for consideration of tentative subdivision map applications for subdivision of five or more parcels.
(Ord. 185 § 1, 1998)
For every subdivision of five or more parcels, the subdivider shall file with the town a tentative map prepared in accordance with the provisions of this chapter.
(Ord. 185 § 1, 1998)
A.
Preliminary Design Plan. A subdivider may present for consideration by the subdivision review committee a preliminary design plan for informal design evaluation by the subdivision review committee before filing the tentative map application. The preliminary design plan should include, at a minimum, the following information:
B.
Within thirty days of the filing of the preliminary design plan, the subdivision review committee shall evaluate the plan to determine whether the preliminary design plan complies with the following:
1.
Town of Loomis general plan;
2.
Any applicable specific plans;
3.
Zoning ordinance;
4.
Adopted public improvement standards;
5.
Other applicable standards and regulations.
The determination(s) of the subdivision review committee pursuant to this section are preliminary in nature, and are neither binding nor appealable. |
C.
A subdivider may not request preliminary design evaluation and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for preliminary design evaluation at any time and thereafter file an application for a tentative map.
D.
A fee, prescribed by town council resolution, shall be required for evaluation of all preliminary design plans.
(Ord. 185 § 1, 1998)
A subdivider seeking approval of a tentative map for a subdivision of five or more parcels shall file an application for tentative map approval consistent with the requirements of this chapter. The application shall consist of the following elements:
B.
A completed town application packet, including an environmental checklist;
C.
Additional Reports, Plans and Data. The following drawings, statements and other data, and as many additional copies thereof as may be reasonably required, shall be filed on or with the tentative map:
1.
A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider's ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding area,
2.
A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision,
3.
a.
A preliminary soil investigation and geological reconnaissance report by a registered civil engineer specializing and recognized in soil mechanics and foundation engineering or registered geotechnical engineer for every subdivision for which a final map is required. Submission of this preliminary report may be waived by the director of public works if soil conditions in the proposed subdivision are known to him.
b.
If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of public works as a condition precedent to consideration of the tentative map by the subdivision review committee. The soils investigation shall be done in the manner provided in Section 66491 of the Subdivision Map Act.
4.
A preliminary grading plan. Submission of the preliminary plan may be waived by the town engineer when he or she determines that the submission of such plan is not required for proper grading, flood hazard mitigation and erosion control of the proposed subdivision,
5.
Applications for any modification to these requirements that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of Chapter 14.48,
6.
All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirement,
7.
With respect to tentative maps for residential condominium conversion projects, a special permit for such conversion project approved pursuant to the zoning ordinance of the town. The planning director or designated representative may waive this requirement if at the time of the filing of the tentative map the subdivider, in writing, irrevocably offers to the advisory agency and town council to extend the time limits specified in the Subdivision Map Act for reporting and acting upon the tentative map by such bodies. The extension shall be for such periods of time as are reasonably necessary to permit the processing, review, and final action on the special permit concurrently with the tentative map,
8.
A fiscal impact analysis showing probable costs and revenues associated with subdivision development that will result to the town for maintenance of improvements,
9.
A market study showing probable acceptance of project in the market place;
D.
A fee as prescribed by town council ordinance and appropriate resolutions, shall be required for consideration of all tentative map applications.
(Ord. 185 § 1, 1998)
A.
The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one inch equals one hundred feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed seventy-two inches in length and fifty-four inches in width.
B.
The town engineer or designated representative may, in his or her professional discretion, waive the requirements that the tentative map be prepared by a registered civil engineer or licensed land surveyor if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of Sections 14.20.040 and 14.20.060. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal.
(Ord. 185 § 1, 1998)
The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act. Topographic and boundary information shall extend a minimum of one hundred feet outside the subdivision or more if necessary to evaluate project impacts:
A.
Proposed subdivision name, if any;
B.
Names, addresses and telephone numbers of the record owner and subdivider of the land;
C.
Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number;
D.
Date of preparation, north point and scale of the map. If based on a survey, the date of the survey;
E.
Boundaries of the subdivision with sufficient information to locate the property;
F.
Subdivision name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision;
G.
Contour lines at intervals of not more than one foot unless waived prior to submission by the town engineer or designated representative. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision. Topographic survey shall not be waived in areas within the one hundred year flood hazard boundary as shown on the most current FIRM;
H.
The location and general description of any trees and shrubs, and their drip lines, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type;
I.
The location of all railroad rights-of-way and grade crossings; locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property;
J.
The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed;
K.
The location and width of proposed building setback lines;
L.
The locations shown by dashed lines of existing utilities in and adjacent to the subdivision; the size and invert elevation of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal;
M.
The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and directions of flow of all water courses and flood control channels within and adjacent to the property involved; and the proposed method of providing storm water, drainage and erosion control. In areas subject to one hundred year flood hazard, base flood elevation and floodway boundary shall be indicated;
N.
The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrianways and other rights-of-way, whether public or private, within and adjacent to the subdivision; the radius of each center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision;
O.
The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot;
P.
The total area in square footage or acreage to the nearest one-tenth acre of each lot proposed to be utilized for other than single-family or two-family housing;
Q.
The boundaries of existing and proposed public areas in and adjacent to the subdivision, indicating the nature and average of each. If land is to be offered for dedication for park or recreation purposes, or to provide public access to navigable waters, it shall be so designated;
R.
The nature and purpose of a modification being requested in accordance with the requirements of Chapter 14.48 and shown on the tentative map, shall be clearly indicated;
S.
If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on such final maps and the sequence in which such final maps will be filed.
(Ord. 185 § 1, 1998)
The subdivider shall file with the planning director the tentative map application and twenty additional copies thereof, or such additional number of copies as reasonably may be requested by the planning director. A tentative map application shall not be considered as having been filed unless and until it complies with all provisions of this chapter, and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the planning director.
(Ord. 185 § 1, 1998)
A.
Within thirty days of receiving a tentative map application, the planning director shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the planning director shall advise the applicant as to the deficiencies in the application.
B.
Within ten days after an application has been found to be complete and accepted for filing, the planning director shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map, to members of the review committee and to such other public or private agencies or departments as the director determines may be affected by the proposed subdivision for report and recommendation to the planning commission or town council.
C.
Subdivision Review Committee Review. Within a reasonable period of lime following the release of a negative declaration for public review or following a determination by the planning director that the project is exempt from the requirements of CEQA, or within a reasonable period of time following the preparation and release of the final EIR for a project for which an EIR has been prepared, the planning director shall schedule the project for a public hearing before the subdivision review committee. The subdivision review committee shall consider the project and prepare a recommendation to the planning commission or the town council. The recommendation shall include the determination of the subdivision review committee on the conformance of the tentative map to the standards, rules and regulations of this chapter, and to the requirements of all applicable specific plans and ordinances of the town. The subdivision review committee shall also advise the planning commission and the town council on the requirements, if any, of other town departments and the applicable requirements of the county, special districts, gate and other public and private agencies affected by the proposed subdivision.
D.
Planning Director Report. At the time of the submission of his or her report to the planning commission or the town council on the project, the planning director shall incorporate within his or her report the recommendations made by the subdivision review committee.
(Ord. 185 § 1, 1998)
A.
Notice of Public Hearings. Within a reasonable period of time following consideration by the subdivision review committee of an application for a tentative map other than a vesting tentative map, the planning director shall prepare a report with recommendations, and shall set the matter for hearing before the planning commission. A copy of the director's report shall be forwarded to the subdivider at least three days prior to the public hearing. At least ten calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the town.
1.
In addition to notice by publication, the director shall give notice of the hearing by mail or delivery to the subdivider, the owner of the subject real property, if different from the subdivider, and 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. The director shall also give notice of the hearing by mail or delivery to each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act and Section 12 of the zoning ordinance of the town.
2.
In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the town shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll. In addition, notice shall be given by mail or personal delivery to any person who has filed a written request with the town. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
3.
The director may give such other notice that the director deems necessary or advisable.
4.
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 according to the procedures in this chapter.
B.
Action. The planning commission shall approve, conditionally approve or deny the tentative map within fifty days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the planning commission that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the planning commission to the subdivider. In reaching a decision upon the tentative map, the planning commission shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Except as provided otherwise by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the tentative map.
C.
Approval. The tentative map may be approved or conditionally approved by the planning commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific or community plan, and all applicable provisions of this code. The planning commission may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
1.
Tentative Maps for Projects Requiring Town Council Approval of Entitlements—Conformance to General Plan, Community Plan, and Zoning. Each tentative map shall be designed in compliance with the existing general plan, applicable specific or community plan, if any, and zoning designation of the property. Provided, however, that where an amendment to the general plan or the applicable specific or community plan or a change in zoning is also being requested as part of the project the town council may approve such amendment or change, subject to inclusion of a condition on the tentative map that the general plan, specific or community plan amendment, or zone change shall be completed prior to recordation of the final map. The planning commission may modify, add or delete any conditions of approval recommended in the staff report. The planning commission may also add additional requirements as a condition of its approval.
D.
Denial. The tentative map may be denied by the planning commission on any of the grounds provided by the Subdivision Map Act or this code. Except as otherwise required by state or federal law, the planning commission shall deny approval of the tentative map if it makes any of the following findings:
1.
That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provision of this code;
2.
That the site is not physically suitable for the type of development;
3.
That the site is not physically suitable for the proposed density of development;
4.
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. Notwithstanding the foregoing, the planning commission may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5.
That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6.
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 planning commission 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 the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7.
Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Section 66474.)
(Ord. 185 § 1, 1998)
If a tentative map is approved or conditionally approved, the planning director shall forthwith make a written report of such approval to the town council. Any member of the town council shall have the right to call up the tentative map for town council review by filing a written request with the planning director within ten days of the final action by the planning commission. Upon the filing of a request by a councilmember to call up a tentative map for town council review, the council shall notice and set the matter for a public hearing, which shall be held within thirty days after the request for review has been filed or made, unless the subdivider consents to a continuance. Notice of the public hearing shall be given in the same manner as specified in Section 14.20.090(A). The council may add, modify or delete conditions if the council determines that such changes are necessary to ensure that the tentative map conforms to the Subdivision Map Act and this chapter. The town council may deny the tentative map on any of the grounds contained in Section 14.20.090(D). Within seven days following the conclusion of the hearing, the town council shall render its decision. If the town council does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this code and the general plan.
(Ord. 185 § 1, 1998)
The subdivider or any interested person adversely affected by any planning commission action with respect to the tentative map may, within ten days after the decision, file an appeal in writing with the planning director. The appeal shall be considered at a public hearing for which notice has been given according to Section 14.20.090(A). The hearing shall be held within thirty days after the date of the filing of the appeal unless the subdivider consents to a continuance. Within ten days following the conclusion of the hearing, the town council shall render its decision unless the subdivider consents to a continuance. The council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make any findings which are consistent with the provisions of the Subdivision Map Act or this chapter. If the town council does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this code and the general plan.
(Ord. 185 § 1, 1998; Ord. 207 § 42, 2003)
A.
Notice of Public Hearings Before Planning Commission. Within a reasonable period of time following consideration by the subdivision review committee of a vesting tentative map, the director shall prepare a report with recommendations, and shall set the matter for hearing before the planning commission. A copy of the report of the planning director shall be forwarded to the subdivider at least three days prior to the public hearing. Notice of the hearing before the planning commission shall be provided in the same manner as specified in Section 14.20.090(A).
B.
Recommendation by Planning Commission. The planning commission shall make such recommendations as it deems appropriate on the vesting tentative map application, as well as any other entitlements before it.
C.
Notice of Hearing Before Town Council. The town clerk shall set the matter for public hearing before the town council within thirty days following the date on which the planning commission makes a recommendation or takes other action. Notice of the hearing before the town council shall be given in the same manner specified in Section 14.20.090(A) for hearings before the planning commission.
D.
Action by the Town Council. The town council shall approve, conditionally approve or deny the vesting tentative map within fifty days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the town council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the town council to the subdivider. Except as otherwise provided by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative map.
E.
Approval by Town Council. The vesting tentative map may be approved or conditionally approved by the town council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The town council may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
1.
The town council may modify or delete any of the conditions of approval recommended in the staff's report. The town council may also add additional requirements as a condition of its approval.
F.
Denial by Town Council. The vesting tentative map may be denied by the town council on any of the grounds provided by the Subdivision Map Act or this code. Except as otherwise required by state or federal law, the town council shall deny approval of the vesting tentative map if it makes any of the following findings:
1.
That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2.
That the site is not physically suitable for the type of development;
3.
That the site is not physically suitable for the proposed density of development;
4.
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. Notwithstanding the foregoing, the town council may approve such a vesting tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
5.
That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
6.
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 town council 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 hereby granted to the town council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7.
Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
(Ord. 185 § 1, 1998)
Requests for withdrawal of any tentative map shall be submitted to the planning director in writing by applicant unless made in writing by applicant at a public hearing on the tentative map.
(Ord. 185 § 1, 1998)
No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map which has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter, unless said denial was expressly made without prejudice.
(Ord. 185 § 1, 1998)
Any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of these regulations in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void the previously approved tentative map(s), which has now been revised.
(Ord. 185 § 1, 1998)
In every subdivision for which a soils investigation of each lot has been required by the director of public works, the planning commission or town council may approve the subdivision or portion thereof where the critical soils problem exists if it finds the corrective action recommended in the soils investigation is likely to prevent structural damage to each structure to be constructed thereon. As a condition of the approval of the tentative map, the town council may require the planning director to withhold the issuance of any building permit for development of such lots until the approved recommended corrective action is incorporated into the plans for the construction of each such structure.
(Ord. 185 § 1, 1998)
The approval or conditional approval of a tentative map shall expire twenty-four months from its approval by the planning commission or town council, whichever occurs last, unless the expiration date is extended in accordance with the provisions of Section 14.20.180. However, if the filing of multiple final maps is authorized pursuant to Section 14.24.120 and the subdivider is required to spend one hundred twenty-five thousand dollars more 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 which abut the boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by Sections 65864 et seq., of the Government Code, then each filing of a final map shall extend the expiration date in accordance with Section 66452.6(a) of the Subdivision Map Act.
(Ord. 185 § 1, 1998)
A.
Request by Subdivider. A subdivider or owner may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning director. 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.
B.
Review by Subdivision Review Committee. Within a reasonable period of time following submission of an application for an extension, the planning director shall schedule the application for an extension for a public hearing before the subdivision review committee. The subdivision review committee shall consider the extension application and make a recommendation to the planning commission.
C.
Planning Commission Hearing and Action.
1.
Notice. Following consideration of the application by the subdivision review committee, the planning director shall prepare a report with the recommendation on the application for an extension, and shall set the matter for hearing before the planning commission at its next regularly scheduled meeting. The matter shall be noticed in the same manner as a tentative map application, as specified in Section 14.20.090.
2.
Action by the Planning Commission. The planning commission shall approve, conditionally approve, or deny the application for an extension of the expiration date, and shall make findings supporting its decision.
D.
Time Limit of Extension. The time at which the tentative map expires may be extended by the planning commission for a period not exceeding a total of five years or such additional time as may be authorized by the Subdivision Map Act.
E.
Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the planning commission on the extension to the town council in accordance with Section 14.20.110, except that any appeal shall be filed within fifteen days after the action by the planning commission.
(Ord. 185 § 1, 1998; Ord. 207 § 43, 2003)