A. 
Every subdivider proposing to create a major subdivision shall comply with the procedures and requirements contained in this chapter. Prior to the filing of a tentative map, the subdivider or his/her authorized agent shall pay the required pre-application fee and confer with the Director of Planning and Building (hereinafter "Director") and the City Engineer regarding the preparation of the map.
B. 
A vesting tentative map shall be filed in accordance with the procedures contained in this chapter.
(Ord. 92-14)
A. 
The subdivider shall submit to the Director, in as many copies as required by the City, the proposed tentative map.
B. 
A proposed tentative map shall not be deemed filed until:
1. 
All necessary zoning approvals have been secured;
2. 
An environmental impact report, negative declaration, or exemption determination, as required, has been proposed for the project covered by the application;
3. 
The map complies with the form and content requirements of this title;
4. 
The filing fee or initial deposit has been paid in full; and
5. 
A traffic study has been completed and submitted to the satisfaction of the Public Works Director. The traffic study shall be completed by a City-approved traffic engineer.
(Ord. 89-17; Ord. 92-14)
Each tentative map shall depict all contiguous property owned by the subdivider and 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, or licensed surveyor, who prepared the map;
C. 
North arrow, scale, vicinity map, California Lambert coordinates, date of preparation;
D. 
Tax rate area and assessor's parcel numbers for all existing parcels;
E. 
Statement of ownership of existing streets and easements; location, dimensions and purposes of all plotable easements, and statement of the purposes of non-plotable easements;
F. 
The location, width and proposed names of all streets and alleys within the boundaries of the proposed subdivision, and typical sections and approximate grades thereof and point of access from each lot;
G. 
Statement as to whether proposed streets are to be public or private;
H. 
Names, location and width of adjacent streets and alleys;
I. 
Lot lines and approximate dimensions, gross and net lot areas and numbers of each lot, including lot numbers of private streets and open space/common area lots;
J. 
Location and width of watercourses with a rate of flow of 10 cfs or greater in the 100-year flood event, areas subject to inundation from stormwater flows, lines of inundation of all 100-year floodplains, and location of drainage structures, irrigation ditches and other permanent drainage features;
K. 
Existing site topographic contours at five-foot intervals extending 50 feet beyond the proposed subdivision;
L. 
Proposed grading (may be shown on separate proposed grading plan);
M. 
Location of existing buildings and permanent structures;
N. 
Location of all major vegetation showing size and type;
O. 
Width and location of all existing and proposed public or private easement, for example, utilities and bicycle paths;
P. 
Name and map number of adjacent subdivisions;
Q. 
Location of railroads and rights-of-way;
R. 
Approximate radii of curves;
S. 
Any proposed phasing by units;
T. 
Number of units to be constructed when a condominium or community apartment project is involved;
U. 
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map";
V. 
Locations of existing structures within the subdivision and structures outside the subdivision but within 25 feet of the subdivision boundaries;
W. 
A certificate signed by the subdivider whereby: "The subdivider agrees to defend, indemnify and hold harmless the City of Encinitas and its agents, officers and employees from any claim, action or proceeding against the City of Encinitas or its agents, officers or employees to attack, set aside, void, or annul an approval from the City of Encinitas concerning this subdivision when such action is brought within the time period specified in Gov. Code Section 66499.37. This certificate is conditioned upon the City of Encinitas providing prompt notice to the subdivider as provided by the Act."
X. 
A statement of whether the subdivider will seek the creation of a special district;
Y. 
Land use and zoning designations for proposed and existing lots and lots adjacent to the proposed subdivision;
Z. 
Where private sewage disposal systems and/or private domestic wells are proposed, a Department of Health certification and certification number, together with a statement that each parcel of the subdivision is suitable for on-site sewage disposal;
AA. 
All open space area and reason for open space area (environmentally constrained land, common recreation area, etc.).
(Ord. 92-39)
The following information, to the satisfaction of the Planning and Building Director, shall be shown either on the proposed tentative map or on accompanying documents:
A. 
Source of water supply, and a service letter from the appropriate water agency, stating that water service is available to the proposed subdivision;
B. 
Type of street improvement and utilities which the subdivider proposes to install, including street lights, traffic signals and fire hydrants;
C. 
Proposed method of sewage disposal including location of facilities, if applicable, a service letter shall be provided from the appropriate sewer agency, stating that sewer service is available to the proposed subdivision;
D. 
Proposed storm drainage facilities or other means of drainage, including the location of such facilities;
E. 
Protective covenants to be recorded;
F. 
Fire protection service letters must be completed and signed by the district or public agency which would provide fire protection service for the project;
G. 
Landscaping and irrigation conceptual plan;
H. 
Proposed conversions of existing overhead electrical utilities;
I. 
Project service availability letter from each affected school district certifying to the adequacy or inadequacy of school facilities to serve the project. Property zoned other than residential or agricultural does not need school letters;
J. 
Any other pertinent information which the City Engineer or Director may request to accomplish the provisions of the title; and
K. 
Subdivider shall file a certificate that, "subdivider hereby acknowledges that there is imposed as a condition on this subdivision, the obligation to pay fees, offer dedications, and/or construct improvements in accordance with the provisions of Title 23 of the Encinitas Municipal Code, and that those obligations shall be satisfied during the building permit process."
(Ord. 92-39)
A. 
There shall be filed with the tentative map a grading plan showing any grading proposed for the creation of building sites within the subdivision or for construction 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.
B. 
Where grading is proposed as a part of a subdivision, a preliminary soils report must be prepared and submitted with the tentative map, unless specifically waived by the City Engineer. In any case, a soils report must be prepared prior to final map approval in accordance with Section 24.01.070.
A. 
The Director shall obtain recommendations from the City staff, concerned governmental agencies and other persons affected by or integrated in the proposed subdivision and shall present those recommendations to the subdivider for discussion at a pre-hearing conference.
B. 
The Director shall prepare a staff report to the authorized agency containing recommendations regarding the proposed tentative map.
(Ord. 92-14; Ord. 92-39)
Any report or recommendation on a tentative map by the Director shall be in writing and a copy thereof served on the subdivider and on 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 advisory agency. A fee in an amount set by resolution, from time to time, by the City Council shall be collected from the subdivider for expenses incurred under this section. (Gov. Code Section 66452.3)
A. 
The advisory agency shall conduct a noticed public hearing on the proposed tentative map in accordance with Chapter 30.01.
B. 
The advisory agency shall investigate each proposed tentative map filed pursuant to this chapter. The advisory agency shall consider the proposed design of the subdivision and the kind, nature, and extent of proposed improvements.
C. 
Within 50 days of the filing of the tentative map with the secretary of the advisory agency, the advisory agency shall file with the authorized agency its findings and its recommendation based on those findings. The advisory agency will recommend to the authorized agency the approval, conditional approval or denial of the tentative map. As appropriate, the advisory agency shall recommend the kind, nature, and extent of improvements that should be constructed or installed.
(Ord. 92-14; Ord. 92-39)
A. 
When a report on a tentative map is filed with the City Clerk, the Clerk is directed to act prior to the next regular meeting of the authorized agency by setting the matter on the authorized agency agenda for public hearing, which date shall be within 30 days of that next regular meeting. The authorized agency shall approve, conditionally approve or disapprove the tentative map within that same 30-day period.
B. 
The authorized agency shall comply with the time periods set forth in Section 66452.2(c) of the Act.
A. 
A tentative map shall expire 36 months after its approval or conditional approval unless extended by law or City action.
B. 
Upon application received prior to the expiration of the tentative map, the Director may extend the time of expiration for a period not to exceed one year from the date of expiration of the tentative map. A tentative map shall be valid for a total of six years if extensions of time are applied for and granted. The authorized agency shall consider the current circumstances of the subdivision, the site and the surrounding area. The tentative map for which an extension is granted and conditions of approval shall remain substantially unchanged from the tentative map as originally approved. A need to alter or add conditions (unless requested by the applicant to comply with Municipal Code standards), attach additional development fees, or alter map design or number of units shall be grounds for denial of the time extension; the applicant may file for a new tentative map review and approval.
C. 
Upon an application by the subdivider to extend a tentative map, the map shall automatically be extended for 60 days after the original date of expiration or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the Director denies a subdivider's application for an extension, the subdivider may appeal to the legislative body pursuant to Chapter 1.12.
D. 
Upon proper filing of an application for extension, public notice shall be made in accordance with the provisions of Chapter 30.01 as modified by this chapter. A public hearing is not required.
(Ord. 92-14; Ord. 92-39; Ord. 2022-07)
A. 
Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved by the authorized agency, the subdivider may file with the Director a revised tentative map on payment of the established fees.
B. 
A revised 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 revised tentative 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 proposed tentative maps.
C. 
A revised tentative map shall be filed within the period of approval of the tentative map by the authorized agency or, if an extension of time is granted, within the period specified in such extension.
D. 
Upon the filing of a revised tentative map and payment of the prescribed fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved, or disapproved, in the same manner as a tentative map.
(Ord. 92-39)
At any time following the filing of a proposed tentative map with the Director and prior to its adoption, and prior to approval of the tentative map, the City may direct the subdivider to, or the subdivider may elect to, submit a replacement tentative map. Such direction shall be based upon the City's finding that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative map. Subdivider shall pay the required fee for replacement map as established by resolution.
(Ord. 92-39)