A. The
tentative map shall be prepared in accordance with the Subdivision
Map Act and the provisions of this title, and shall be filed with
the secretary of the planning commission. Such filing shall be made
prior to the initiation of any construction work within the proposed
subdivision which might be affected by changes in the tentative map.
B. The subdivider shall file with the secretary of the planning commission 20 copies of the tentative map, and such additional copies as the secretary may require. The subdivider shall further file one or more copies of the map at a size of either eight and one-half inches by 11 inches or 11 inches by 17 inches for purposes of review by parties not receiving scaled copies of the map under the provisions of subsection
E of this section.
C. At
the time of filing a tentative map, the subdivider shall pay the secretary
a fee as established by resolution of the city council to defray the
expenses incidental to the processing of the map. No part of the fee
shall be returned to the subdivider regardless of whether the subdivider
withdraws the tentative map pri-or to action by the planning commission
or prior to the recording of a final map.
D. The
time for filing a tentative map shall be construed to be the time
when the map is accepted officially by the secretary of the planning
commission. The secretary shall examine the tentative map upon presentation
to the city, and shall not accept the map unless the tentative map
is in full compliance with the provisions of this title as to form
and as to the information required to be shown thereon and in the
state-ments required to be furnished therewith. In making this determination,
the secretary shall seek the recommendations of the city engineer
and planning director. The determination of compliance shall be made
by the secretary within 10 days of the receipt and dating of the map
by the secretary.
E. Within
three days after the filing of the tentative map and accompanying
statements, the secretary of the planning commission shall transmit
copies as follows: One copy each to the city engineer, community development
director, the city manager's designee, building official, public works
director, fire chief, police chief; the superintendents of affected
local school districts, any other affected local special districts,
the county community development and public works departments, Caltrans
(if the proposed subdivision affects a state highway), the California
Real Estate Commission and the Pacific Gas and Electric Company, together
with requests for recommendations on the proposed subdivision. The
secretary may transmit copies of the tentative map and accompanying
statements to all other public and private agencies affected by the
proposed subdivision, together with requests for recommendations thereon.
(Ord. 92-74; Ord. 96-135; Ord. 10-298 § 1)
Every tentative map of a subdivision filed with the city shall
be clearly and legibly drawn. The size of the sheet shall be 24 inches
by 36 inches, unless otherwise authorized by the city engineer. The
scale of the map shall be one inch equals 100 feet, except that subdivisions
with lots of two and one-half acres or greater may use a scale of
one inch equals 200 feet.
(Prior code § 159.046)
A tentative map shall contain the following information and
data:
A. A tract
number assigned by the county recorder, as such numbers are assigned
in consecutive order throughout the county, and a tract name (if any).
If the tentative map is a vesting tentative map, the words "Vesting
Tentative Map" shall be printed conspicuously on the face of the map;
B. Name,
address and telephone number of the record owner of the property to
be subdivided, and name, address and telephone number of the subdivider
if the owner is not the subdivider;
C. Name,
address and telephone number of the registered civil engineer, licensed
surveyor, licensed landscape architect or other person who prepared
the map;
D. Date
of preparation, north point and scale;
E. A legal
description sufficient to define the boundaries of the subdivision,
and the approximate acreage;
G. The
location, names, present width, approximate grades, and typical cross-sections,
of adjacent roads, streets, highways or ways;
H. The
location, names, width and curve radii of all roads, streets, highways
and ways in the proposed new subdivision;
I. The
location, name and caliper of all trees;
J. Approximately
accurate contour lines drawn to intervals of one foot, and spot elevations
shown on a maximum grid of 100 feet in each direction. The existing
topography of the adjacent land shall also be shown whenever the surface
features of such land affect the design or improvement of the proposed
subdivision. The contour lines shall be based on the United States
Coast and Geodetic Survey mean sea level datum;
K. The
width and approximate locations of all existing or proposed easements
or rights-of-way, whether public or private, for roads, drainage,
sewers, public utilities or flood control purposes;
L. Lot
lines and approximate dimensions, and lot numbers, including lot lines
and property lines of adjacent parcels. The smallest lot shall be
annotated as the "smallest lot."
M. Locations
and approximate dimensions of proposed public areas;
N. Limitation
on rights of access to and from streets, lots and other parcels of
land and locations and widths of reserve strips;
O. The
approximate location of areas subject to inundation, storm water overflow
and submerged area, as shown on the Federal Emergency Management Agency's
Flood Insurance Rate Map (FIRM);
P. The
approximate location and outline to scale of each building or structure,
irrigation ditches, pipelines, railroads and other physical features
on the property proposed for a subdivision. Buildings or structures
on adjacent property shall also be shown if such buildings or structures
affect the design of the proposed subdivision. Each building shown
shall be identified by house number or other identifying feature,
including a notation on each building or structure to be retained
or removed;
Q. Locations
of city boundary lines and boundary lines of any other public district
which lay within 500 feet of the exterior boundary lines of the proposed
subdivision;
R. A tentative
drainage plan including provisions for the disposal of stormwater
and approximate finished grades along each rear or side lot abutting
on existing development and the exterior boundary of the tentative
map;
S. The
proposed use of each lot within the subdivision;
T. A key
map showing the proposed subdivision and surrounding subdivisions
and streets located within a one-quarter mile radius of the boundaries
of the proposed subdivision;
U. An
outline of the areas of the tentative map proposed for the partial
recording of a final map thereon.
(Prior code § 159.047)
A. Failure to record a final map within 24 months of the date of approval or conditional approval of the tentative map shall terminate all proceedings; provided, however, that upon application of the subdivider in writing, an extension not exceeding two years may be granted by the planning commission, except as provided under subsections
B and
C of this section. In the event the commission denies the subdivider's application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to record a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this chapter before a final map may thereafter be recorded or any lot sold.
B. If
the subdivider is required to expend an amount equal to or exceeding
that amount prescribed by California
Government Code Section 66452.6(a)
to construct, improve or finance public improvements wholly outside
of and not abutting the boundaries of the tentative map, each filing
of a final map authorized by this chapter shall extend the expiration
of the approved or conditionally approved tentative map by 36 months
from the date of its expiration, or the date of the previously filed
final map, whichever is later, up to a maximum period of 10 years
from the original approval. The number of phased final maps shall
be determined by the planning commission at the time of initial tentative
map consideration.
C. Upon
application of the subdivider filed prior to the expiration of the
approved or conditionally approved tentative map, the time at which
the map expires may be extended by the planning commission or city
council for a period or periods not exceeding a total of six years
per the Subdivision Map Act.
D. The
date of approval of the tentative map shall be deemed to be the date
of adoption of the resolution of the council declaring approval or
conditional approval of the tentative map, provided that if the council
shall fail to act on the tentative map and the approval thereof is
certified by the clerk, the date of such approval shall be deemed
to be upon the last day of the maximum period of time as would be
allowed for action by the council as provided in this title. The date
of such approval of the tentative map shall be certified by the clerk
on the face of the tentative map.
E. The
period of time allowed for the recording of a final map shall not
include any period of time during which a development moratorium,
imposed after approval of the tentative map is in existence; provided,
however, that the length of the moratorium does not exceed five years.
Once a moratorium is terminated, the map shall be valid for the same
period of time as was left to run on the map at the time the moratorium
was imposed. However, if the remaining time is less than 120 days,
the map shall be valid for 120 days following the termination of the
moratorium.
F. For
purposes of this section, a development moratorium shall include a
water or sewer moratorium, as well as other actions of public agencies
which regulate land use, development or the provision of services
to the land, other than the public agency with the authority to approve
or conditionally approve the tentative map, which thereafter prevents,
prohibits or delays the approval of a final or parcel map.
G. The
rights conferred by a vesting tentative map, as provided by this title,
shall last for an initial time period one year beyond the recording
of the final map. Where several final maps are recorded on various
phases of a project covered by a single vesting tentative map, the
one-year initial time period shall begin for each phase when the final
map for that phase is recorded. The initial time period shall be automatically
extended by any time used by the city for processing a complete application
for a grading permit or for design or architectural review if the
time used by the city to process the application exceeds 30 days from
the date that a complete application is filed. Any time period to
the expiration of the initial time period provided by this section,
the subdivider may apply for a one-year extension. If the extension
is denied by the planning commission, the subdivider may appeal that
denial to the city council within 15 days.
(Prior code § 159.051; Ord. 06-263 § 1; Ord. 18-384 § 1)
Whenever a provision of this section requires that a tentative
map be filed, a vesting tentative map may instead be filed.
A. Whenever
the city approves or conditionally approves a vesting tentative map,
that approval shall confer a vested right to proceed with development
in substantial compliance with only those ordinances, policies and
standards of the city in effect at the date when the city first determined
that the application for a vesting tentative map was determined to
be complete and accepted for filing and processing by the city.
B. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning code, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or designee, obtaining the necessary change in the zoning code to eliminate the inconsistency. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning code and the map, as approved. The rights conferred by this section shall be for the time periods set forth in Section
16.12.070(G).
C. A property owner or designee may seek approvals or permits for development which depart from the ordinances, policies and standards described under subsections
A and
B or this section, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
D. If
a subdivider does not seek the rights conferred by this section, the
filing of a vesting tentative map shall not be a prerequisite to any
approval for any proposed subdivision, permit for construction or
work preparatory to construction.
E. This
section does not enlarge, diminish or alter the types of conditions
which may be imposed by the city on a development, nor in any way
diminish or alter the power of the city to protect against a condition
dangerous to the public health, safety or welfare. The rights conferred
by this section shall relate only to the imposition, by the city,
of conditions or requirements created and imposed by ordinances. Nothing
in this section removes, diminishes or affects the obligation of any
subdivider to comply with the conditions and requirements of any state
or federal laws, regulations or policies and does not grant the city
the option to disregard any state or federal laws, regulations or
policies.
(Prior code § 159.052)