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)
Within 10 days of the filing of a tentative map, the Director
shall send a notice in accordance with Section 66455.7 of the Act.
(Ord. 92-14)
The tentative map shall be based upon a reasonably accurate or detailed survey and shall be prepared in accordance with the provisions relating to final maps contained in Section 24.54.040A, B, and E.
(Ord. 89-17)
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.
There shall be filed with the tentative map a current preliminary
title report for the property being subdivided.
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.
(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)
