The form and contents, submittal, and approval of tentative maps for subdivisions shall be governed by the provisions of this chapter.
An application for approval of a tentative map pursuant to this chapter shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the city zoning ordinance.
(Ord. 808 (part), 2001)
The tentative map pursuant to this chapter shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain not less than the following:
A. 
A title which shall contain the subdivision number, subdivision name, and type of subdivision;
B. 
Name and address of legal owner, subdivider, and person preparing the map, including registration or license number;
C. 
Sufficient legal description to define the boundary of the proposed subdivision;
D. 
The names and numbers of adjacent subdivisions and the names of the owners of adjacent unplatted land;
E. 
Date, north arrow, scale, contour interval, and source and date of existing contours;
F. 
A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future;
G. 
A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;
H. 
Existing topography of the proposed site and at least one hundred feet beyond its boundary, including but not limited to:
1. 
Existing contours at two foot intervals if the existing ground slope is less than ten percent and not less than five foot intervals for existing ground slopes equal or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines,
2. 
Type, circumference, and dripline of existing trees with a trunk diameter of four inches or more. Any trees proposed to be removed shall be so indicated,
3. 
The location and outline of existing structures identified by type. Structures to be removed shall be so indicated,
4. 
The approximate location of all areas of potential storm water overflow; the location, width, and direction of flow of each water course; and the flood zone designation as indicated on the Flood Insurance Rate Map ("FIRM"),
5. 
The location, pavement, and right-of-way width; grade; and name of existing streets or highways,
6. 
The widths, location, and identity of all existing easements,
7. 
The location and size of existing sanitary sewers, fire hydrants, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The locations of existing sewers and storm drains shall be indicated. The location of all existing overhead and underground utility lines on peripheral streets shall be indicated;
I. 
Proposed improvements to be shown shall include but not be limited to:
1. 
The location, grade, centerline radius, and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated,
2. 
The location and radius of all curb returns and cul-de-sacs,
3. 
The location, width, and purpose of all easements,
4. 
The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,
5. 
The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, and the elevation of adjacent parcels,
6. 
Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes of ten percent or more. A separate grading plan may be submitted,
7. 
Proposed recreation sites, trails, and parks for private or public use,
8. 
Proposed common areas to be dedicated to public open space,
9. 
The location and size of sanitary sewers, fire hydrants, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. The proposed routing of storm water runoff generated by a one hundred year flood shall also be indicated in accordance with the city storm drain master plan,
10. 
A statement as to the intention of the subdivider in regard to slope planting and erosion control;
J. 
The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
K. 
The size of each sheet shall be eighteen inches by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch to one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings;
L. 
If the subdivider plans to develop the site in units or phrases, the proposed units or phrases and their proposed sequence of construction shall be shown;
M. 
The subdivider shall specify any deviation from the city standards and provide the justification for such deviation;
N. 
Upon written request of the subdivides the department may waive any of the above tentative map requirements if the department determines that the type of subdivision does not justify compliance with these requirements, or if the department determines that other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this chapter.
(Ord. 808 (part), 2001)
The tentative map shall be accompanied by the following data reports:
A. 
Street Names. A list of proposed street names for any unnamed street or alley for review by the department. This subsection shall apply to condominium conversions;
B. 
Soils Report. A preliminary soils report prepared in accordance with the provisions of the Uniform Building Code (adopted herein by reference) and Section 16.08.040 shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision;
C. 
Title Report. A preliminary title report, acceptable to the department, showing the legal owners at the time of filing the tentative map;
D. 
School Site/Facilities. The subdivider shall obtain from the Lakeport Unified School District their intention, in writing, concerning the necessity for a school site and/or temporary and/or permanent school facilities, if any, within the subdivision and shall present this information to the department prior to the consideration of the tentative map by the planning commission;
E. 
Environmental Review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents;
F. 
Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations;
G. 
Phasing. A written notice indicating if the subdivider plans to file multiple final maps on the tentative map;
H. 
Other Reports. Any other data or reports deemed necessary by the department.
(Ord. 808 (part), 2001)
A. 
Three copies of preliminary engineering soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the community development director for subdivisions of five or more parcels. The community development director may require that such reports be submitted for subdivisions of four or less parcels when there are facts associated with the land to be divided that there are slope, soil stability, historic cut or fill activity, erosion, or other similar factors evident which require a geotechnical analysis.
B. 
A preliminary soils and/or geology report may be waived by the community development director provided the community development director finds that, due to the knowledge the city has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution, and strength of the existing soils, the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development.
C. 
If the city has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.
D. 
Where preliminary soils and/or geology reports are prepared, final reports shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements.
(Ord. 808 (part), 2001)
Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the city for the approval in accordance with current city street-naming policies. The approved street name shall be shown on the tentative map.
(Ord. 808 (part), 2001)
The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the form and contents of the tentative map conform to the requirements of Section 16.08.020 and when all accompanying data and reports, as required by Section 16.08.030, and all fees and/or deposits as required by Section 16.02.070, have been submitted and accepted by the department. The subdivider shall file with the department the number of tentative maps the community development director may deem necessary. The department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.
(Ord. 808 (part), 2001)
A. 
Notice of Public Hearing. Upon receipt of a complete tentative map application, the department shall prepare a report with recommendations. The department shall set the matter for public hearing before the planning commission. A copy of the department report shall be forwarded to the subdivider at least three days prior to the public hearing, a notice shall be given of the time, date, and 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 city.
In addition to notice by publication, the department 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 business, corporations, or other public or private entities, shown on the last equalized assessment roll as owning the subject of the proposed application. The department 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.
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 city 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 request to any person who has filed a written request with the city. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
The department may give such other notice that it deems necessary or advisable.
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, and the department shall report the decision of the planning commission to the city council and the subdivider within fifty days after the tentative map application has been determined by the department to be complete. If an environmental impact report is prepared, the decision shall be made forty-five days after certification of the environmental impact report.
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 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 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.
The planning commission may modify or delete any of the conditions of approval recommended in the department's report. The planning commission may add additional requirements as conditions of its approval in order to protect the public's health, safety, and welfare.
If no action is taken by the planning commission within the time limits specified in this section, the tentative map, as filed, shall be deemed to be approved if it complies with all other applicable provisions of the subdivision map act, this title, this code, and the general plan.
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. 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 provisions of this code;
2. 
That the site is not physically suitable for the type of proposed 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 substantial and avoidable injury to fish or wildlife or their habitat. Notwithstanding the foregoing, the planning commission may approve such a tentative map if an 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 alternative 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. 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 resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.
(Ord. 808 (part), 2001)
If a tentative map is approved or conditionally approved, the department shall forthwith make a written report thereof to the city council. Any member of the city council shall have the right to call up the tentative map for the city council review at a city council meeting or by a request to the community development director, either of which must be within ten days of the final action by the planning commission. If the council, by a majority vote, decides to review the map, it shall conduct a public hearing after giving notice pursuant to Section 16.08.070(A). Such decision to review shall be made within ten days after such request is made. In addition, notice shall be given to the planning commission. The public hearing shall be held within thirty days after the council decides to review the map. 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 Code. The city council may deny the tentative map on any grounds contained in Section 16.08.070(D). Within ten days following the conclusion of the hearing, the city council shall render its decision. If the city 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, the ordinance codified in this title, and the general plan.
(Ord. 808 (part), 2001)
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 written decision, file an appeal in writing with the city clerk or the community development director. The city council shall consider the appeal within thirty days after the date of filing of the appeal, unless the appellant consents to a continuance. Within ten days following the conclusion of the hearing, the city council shall render its decision. The appeal shall be a public hearing after notice has been given according to Section 16.08.070(A). In addition, notice shall be given to the planning commission. 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, this chapter, the ordinance codified in this title, and the general plan.
If the city council fails to act upon an appeal within the time limits set forth in this section, the tentative map shall be deemed to be approved or conditionally approved as last 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. 808 (part), 2001)
A. 
The approval or conditional approval of a tentative map shall expire twenty-four months from its approval by either the planning commission or city council, whichever occurs last. However, if in connection with a tentative map for which the filing of multiple final maps is authorized pursuant to Section 16.10.020, the subdivider is made subject to a requirement of one hundred thousand dollars or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, or if the tentative map is on property subject to a development agreement authorized by Section 65864 et seq. of the Government Code, then the expiration date shall be extended in accordance with Section 66452.6 (a) of the Subdivision Map Act. An extension to the expiration date may also be approved as provided in Section 16.08.120.
B. 
The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the planning commission. After service of the initial petition or complaint upon the city, the subdivider shall, in writing to the community development director, request a stay in the time period of the tentative map. Within forty days after receiving the request, the planning commission shall either stay the time period request for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the planning commission shall, within ten days, render its decision. The subdivider or any interested person may appeal action of the planning commission on the stay to the city council within ten days of such action in accordance with Section 16.08.100.
C. 
The period of time specified in subsection A shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.
(Ord. 808 (part), 2001)
A. 
Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. 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. 
Planning Commission Action. The department shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval, or denial at the next regularly scheduled planning commission meeting. A copy of the department's report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. In approving, conditionally approving, or denying the request for extension, the planning commission shall make findings supporting its decision, including findings with respect to the potential impact of any increases on applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.
C. 
Time Limit of Extensions. The time at which the tentative map expires may be extended by the planning commission for a period not exceeding a total of three years.
D. 
Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the planning commission of the extension to the city council in accordance with Section 16.08.100, except that any such appeal shall be filed within fifteen days after the action by the planning commission. If the council does not act within the time limits set forth in Section 16.08.100, the extension shall be deemed to have been approved or conditionally approved as approved by the planning commission, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this chapter, this code and the general plan.
(Ord. 808 (part), 2001)
Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the department upon application by the subdivider or on the department's own initiative, provided:
A. 
No lots, units, or building sites or structures are added;
B. 
Changes are consistent with the intent and spirit of the original tentative map approval;
C. 
There are no resulting violations of this code or the Subdivision Map Act.
Amendments approved by staff shall be referred to the city planning commission.
The amendment(s) shall be indicated on the approved or conditionally approved tentative map and certified by the community development director. Amendments to the tentative map conditions of approval which, in the opinion of the department, are not minor, shall be presented to the planning commission for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. Any approved amendment shall not alter the expiration date of the tentative map.
(Ord. 808 (part), 2001)