Prior legislation: Ord. 4-96.
The form and contents, submittal and approval of tentative tract maps for the subdivision of five (5) or more parcels and tentative parcel maps for the subdivision of four (4) or fewer parcels shall be governed by the provisions of this chapter.
(Ord. 4-16 § 1 (Exh. A) (part))
All tentative map applications shall be filed with the Community Development Director and submitted in accordance with Chapter 8.124 (Applications, Fees, and Deposits).
(Ord. 1-91 § 1 (8-2.2). Formerly 9.08.030; Ord. 5-96 § 1 (part); Ord. 4-16 § 1 (Exh. A) (part))
The form and contents of the tentative map and the number of copies required for the application shall be prescribed by the Community Development Director and in accordance with the application submittal requirements for tentative maps. The Community Development Director may authorize deletion or reduction of map requirements on the determination that the map contains sufficient information to be evaluated adequately.
(Ord. 1-91 § 1 (8-2.3). Formerly 9.08.040; Ord. 5-96 § 1 (part); Ord. 4-16 § 1 (Exh. A) (part))
The tentative map shall be accompanied by the materials identified in the city of Dublin application submittal requirements for tentative maps, including, but not limited to:
A. 
A preliminary grading plan prepared by a civil engineer registered by the state of California.
B. 
A preliminary soils report prepared by a civil engineer or geotechnical engineer registered by the state of California. For subdivisions within a seismic hazard zone, the report shall include supplemental data and analysis consistent with the requirements and specifications of the Alquist-Priolo Earthquake Fault Zoning Act and/or the Seismic Hazards Mapping Act. If the preliminary soils report indicates the presence of critically expansive soils, corrosive soils, or other soil problems that, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required. If the investigation and civil engineer’s report recommends corrective action, building permits can be conditioned to incorporate the recommendations.
C. 
Additional reports and data may be required by the City Engineer when deemed necessary due to scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions.
D. 
A “will serve” letter from the agency proposed to provide sewer and water service to the proposed subdivision indicating and committing that sewer and water service connections and service can be provided to the proposed subdivision.
(Ord. 4-16 § 1 (Exh. A) (part))
The advisory agency shall conduct a noticed public hearing on tentative tract maps. The Community Development Director shall conduct a noticed public hearing on tentative parcel maps. Notice and hearing procedures shall be as set forth in Chapter 8.132 (Notice and Hearings).
(Ord. 4-16 § 1 (Exh. A) (part))
The city shall provide notice of the hearing on a tentative map in accordance with Chapter 8.132 (Notice and Hearings).
(Ord. 1-91 § 1 (8-2.42). Formerly 9.08.070; Ord. 4-16 § 1 (Exh. A) (part))
A. 
Advisory Agency, Timing. The Planning Commission is the advisory agency, and shall approve, conditionally approve, or disapprove tentative tract maps within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a final determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
B. 
Conditions. Conditions of approval may include, but are not limited to, dedication and improvement of streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements; reservations; the design and improvement of subdivisions; requirements to implement CEQA mitigation measures; ensuring proper grading and erosion control, ensuring prevention of sedimentation or damage to off-site property; energy conservation; and ensuring compliance with adopted development standards. Conditions of approval related to indemnification shall be in conformance with Section 66474.9 of the Government Code.
1. 
Dedications. Conditions of approval may require dedications or offers of dedication for any purpose specified in the Subdivision Map Act, including but not limited to Government Code Sections 66473.3, 66475 through 66478, and 66478.5.
2. 
Reservations. The subdivider, as a condition of approval of a tentative tract map, may be required to reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance with the requirements of Government Code Sections 66479 through 66482.
3. 
Water Supply. Any tentative tract map for a subdivision as defined in Government Code Section 66473.7 shall be conditioned to show that a sufficient water supply shall be available, as further provided in that section.
C. 
Findings for Approval. All of the following findings shall be made in order to approve a tentative tract map and shall be supported by substantial evidence in the public record:
1. 
The proposed subdivision map together with the provisions for its design and improvement is consistent with the general plan and any applicable specific plan. (Government Code Sections 66474(a), (b))
2. 
The subdivision site is physically suitable for the type and proposed density of development. (Government Code Sections 66474(c), (d))
3. 
The tentative tract map is consistent with the intent of applicable subdivision design or improvements of the tentative tract map are consistent with the city’s general plan and any applicable specific plan.
4. 
The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code Section 66474(e))
5. 
The design of the subdivision or type of improvements will not cause serious public health concerns. (Government Code Section 66474(f))
6. 
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code Section 66474(g).
7. 
The design or improvements of the tentative map are consistent with the city’s general plan and any applicable specific plan.
8. 
The subdivision is designed to provide for future passive or natural heating or cooling opportunities. (Government Code Section 66473.1)
9. 
The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city, and the Subdivision Map Act.
D. 
Conformance to City Ordinance.
1. 
General. The approval, conditional approval or disapproval of the tentative tract map shall be based on the ordinances, policies, and standards in effect on the date the application was determined to be complete.
2. 
Requirements of Other Agencies. The applicant shall be responsible for complying with the tentative map requirements of other agencies, as appropriate.
E. 
Referral. At any point in the review process and at its sole discretion, the Planning Commission may transfer original hearing jurisdiction to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project.
(Ord. 4-16 § 1 (Exh. A) (part))
A. 
Advisory Agency, Timing. The Community Development Director is the advisory agency and shall approve, conditionally approve, or disapprove tentative parcel maps within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a final determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code unless another time period is required by the Subdivision Map Act.
B. 
Conditions. Conditions of approval shall be limited to the dedication of rights-of-way, easements, and construction of reasonable off-site and on-site improvements for the parcels being created. Conditions of approval related to indemnification shall be in conformance with Section 66474.9 of the Government Code.
1. 
Dedications. Conditions of approval may require dedications or offers of dedication for any purpose specified in the Subdivision Map Act, including but not limited to Government Code Sections 66473.3, 66475 through 66478, and 66478.5.
2. 
Reservations. The subdivider, as a condition of approval of a tentative parcel map, may be required to reserve areas of real property for fire stations, libraries, parks, or other public uses, in compliance with the requirements of Government Code Sections 66479 through 66482.
3. 
Timing. Fulfillment of any construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued, or as otherwise authorized under Government Code Section 66411.1(b).
C. 
Findings for Approval. All of the following findings shall be made in order to approve a tentative parcel map and shall be supported by substantial evidence in the public record:
1. 
The proposed subdivision map together with the provisions for its design and improvement is consistent with the general plan and any applicable specific plan. (Government Code Section 66474(a), (b))
2. 
The subdivision site is physically suitable for the type and proposed density of development. (Government Code Section 66474(c), (d))
3. 
The tentative tract map is consistent with the intent of applicable subdivision design or improvements of the tentative tract map are consistent with the city’s general plan and any applicable specific plan.
4. 
The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code Section 66474(e))
5. 
The design of the subdivision or type of improvements will not cause serious public health concerns. (Government Code Section 66474(f))
6. 
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; or alternate easements are provided pursuant to Government Code Section 66474(g).
7. 
The design or improvements of the tentative map are consistent with the city’s general plan and any applicable specific plan.
8. 
The subdivision is designed to provide for future passive or natural heating or cooling opportunities. (Government Code Section 66473.1)
9. 
The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city, and the Subdivision Map Act.
D. 
Conformance to City Ordinance.
1. 
General. The approval, conditional approval or disapproval of the tentative tract map shall be based on the ordinances, policies, and standards in effect on the date the application was determined to be complete.
2. 
Requirements of Other Agencies. The applicant shall be responsible for complying with the tentative map requirements of other agencies, as appropriate.
E. 
Referral. At any point in the review process and at his or her sole discretion, the Community Development Director may transfer original hearing jurisdiction to the Planning Commission because of policy implications, unique or unusual circumstances, or the magnitude of the project.
(Ord. 4-16 § 1 (Exh. A) (part))
Appeals may be filed with, considered, and acted upon by the appeal body specified in Chapter 9.04 in accordance with Section 66452.5 of the Government Code.
(Ord. 1-91 § 1 (8-2.7). Formerly 9.08.100; Ord. 6-92 §§ 23, 24; Ord. 4-16 § 1 (Exh. A) (part))
Any of the time limits for action or report may be extended by mutual consent of the subdivider and the Community Development Director, Planning Commission or, if applicable, the City Council in accordance with the requirements of the Subdivision Map Act.
(Ord. 4-16 § 1 (Exh. A) (part))
A. 
Effective Period. The approval or conditional approval of a tentative map shall be effective for thirty-six (36) months from the date of its approval by the Planning Commission, for tentative tract maps, or the Community Development Director, for tentative parcel maps. Expiration of a tentative map shall terminate all proceedings.
B. 
Statutory Extensions and Stays. The effective period of an approved or conditionally approved tentative map, or a tentative tract map with multiple final maps, or a tentative map that is subject to a development moratorium, or as otherwise provided in the Subdivision Map Act, shall be extended or stayed in accordance with applicable provisions of the Subdivision Map Act, including but not limited to Government Code Section 66452.6.
C. 
Litigation Stay. The period of time specified above 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 City Council.
Within ten (10) days of the 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 (40) days after receiving the request, the City Council shall either stay the time period for up to five (5) years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant/petitioner, and upon conclusion of the hearing, the City Council shall, within ten (10) days, declare its findings.
D. 
Discretionary Extensions. Upon application of the subdivider during the effective period, the Planning Commission may extend the expiration dates of approved or conditionally approved tentative subdivision maps for a period or periods of up to six (6) years pursuant to the provisions of Government Code Section 66452.6(e).
E. 
Extensions Related to Development Agreement. A tentative map on property subject to a development agreement authorized by Government Code Section 65864 may be extended for a period of time provided in the development agreement, but not beyond the duration of the development agreement.
(Ord. 1-91 § 1 (8-2.9). Formerly 9.08.120; Ord. 4-16 § 1 (Exh. A) (part))