This chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, denial, and expiration of tentative and vesting tentative maps, consistent with the Map Act.
(Ord. 25-01 § 1)
B.
Subdivision of Unincorporated Territory. A subdivider may file with the city a tentative map of a proposed subdivision of unincorporated territory adjacent to the city in compliance with Government Code Section 66454.
C.
Application.
1.
Application and fees shall be filed with the department in accordance with the provisions of BMC § 16.04.070 (Application filing) and 16.04.080 (Fees).
2.
Submission of a tentative map shall not constitute filing with the city until all required plans, statements, forms and clearances, and a completed application with appropriate fees are deposited with the department.
3.
Failure to submit all materials and statements required by this section, and the application and fee requirements of BMC § 16.04.070 (Application filing) and 16.04.080 (Fees), shall constitute grounds for rejection of the application. Applications may be deemed incomplete by the city instead of being rejected.
4.
Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and 65962.5(f).
D.
Form and Contents.
1.
The tentative map shall be prepared in a manner acceptable to the department in accordance with the applicable adopted submittal checklist and/or standards and shall be prepared, signed and sealed by a licensed land surveyor.
2.
The tentative map shall be clearly and legibly drawn in full compliance with the city's adopted standards.
3.
The map shall be drawn to an engineer's scale, large enough to show all information clearly, but no less than one inch equals 100 feet.
4.
The map shall contain not less than the following:
a.
A title including the planning application number and type of subdivision;
b.
Name and address of the legal owner, subdivider, and person preparing the map, including registration or license number;
c.
The numbers of adjacent subdivisions and the names of the owners of adjacent properties;
d.
The names and locations of all streets adjacent to the proposed subdivision;
e.
Boundary lines of the county, city, school district, and other taxing districts when within or contiguous to the subdivision;
f.
Date of map preparation and map revision, if the map is revised after the initial submittal to the city, north arrow, and scale;
g.
A vicinity map showing streets, adjoining subdivisions, shopping centers, schools, 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 50 feet beyond its boundary and 100 feet along the fronting right-of-way or alley, and proposed changes in topography;
i.
Existing improvements to be shown include, but are not limited to:
i.
Type, circumference, and dripline of all existing trees; other significant vegetation with a trunk diameter of four inches or more, measured 48 inches above existing grade. Any trees or other significant vegetation proposed to be removed shall be so indicated;
ii.
The location and outline of existing structures to scale identified by type. Structures to be removed shall be so indicated;
iii.
Existing culverts, drainage channels, irrigation ditches, springs, and wells, and the approximate location of all areas subject to inundation or storm water overflow, and the location, width, and direction of flow of each watercourse;
iv.
The location, pavement and right-of-way width, typical section, grade and name of existing streets, highways, and driveways within and/or contiguous to the proposed subdivision;
v.
The widths, location, and identity of all existing easements; and
vi.
The location and size of existing fire hydrants, sanitary sewers, storm drains, and water mains within and/or contiguous to the proposed subdivision.
j.
Proposed improvements to be shown include, but are not limited to:
i.
The location, arc length, centerline radius, and grade of curves, pavement, and rights-of-way width of all streets;
ii.
The location and radius of all curb returns and cul-de-sacs;
iii.
The location, width, and purpose of all easements, public and private;
iv.
The angle of intersecting streets, if the angle deviates from a right angle by more than four degrees;
v.
Engineering plan and data showing the finished grading of each parcel, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of all cut and fill slopes, to scale;
vi.
Areas to be used for public purposes or facilities;
vii.
Proposed recreation parks, sites, and trails for private or public use;
viii.
Proposed common areas and areas to be dedicated for public open space;
ix.
The location and size of fire hydrants, sanitary sewers, storm drains, and water mains, including all necessary provisions for handling sewage, storm water, and water supply. Proposed slopes, approximate elevation, direction of flow, and type of facilities for sanitary sewers, storm drains, and overland drainage releases shall be indicated; and
x.
A planting plan for erosion control, slopes, street trees, other landscaping, and fencing;
k.
Proposed names for all streets;
l.
The layout and dimensions of each parcel and each proposed building site;
m.
The gross and net area and parcel number of all proposed parcels;
n.
If the site is proposed to be developed in phases, the proposed phasing and sequence of construction (Government Code Section 66456.1);
o.
The name(s) and license number of any engineering geologist or soil engineer whose services were required in the preparation of the design of the tentative map;
p.
The boundaries of areas subject to inundation or storm water overflows, and the location, width, and direction of flow of all watercourses including watercourses shown on maps prepared and maintained federal and state agencies (e.g., stream maps prepared by the U.S. Geological Survey, flood insurance rate maps of the Federal Emergency Management Agency); and
q.
Energy Conservation Information. The design of a subdivision for which a tentative map is required, excluding a conversion, shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. (Government Code Section 66473.1)
r.
The director may waive any of the above tentative map requirements if the type of subdivision does not need to comply with such requirements or if other circumstances justify a waiver.
s.
The director may require other data, drawings, or information as deemed necessary by the director to accomplish the purposes and adhere to the requirements of the Map Act and this municipal code.
E.
Accompanying Data and Reports. At the time of filing, a tentative map shall be accompanied by all of the following data and reports:
1.
A statement of current and proposed zoning and use of the subdivision, whether immediate or future;
2.
A description of the proposed subdivision, including the number of parcels, their gross and net areas, and nature of proposed development;
3.
A description of bridges, fences, gates, landscaping, or other proposed improvements which may not be fully shown on the map;
4.
A preliminary title report, not more than 90 days old and acceptable to the director, showing the legal owner(s) at the time of filing the tentative map;
5.
Soil and engineering geology reports as specified in subsection (F) of this section (Preliminary Soil and Engineering Geology Reports);
6.
A statement of the time when improvements are proposed to be completed;
7.
Proposed map or deed restrictions, if any;
8.
Description, location, and existing elevation of an established city benchmark or other benchmarks within the immediate vicinity;
9.
Information required by the department to allow a determination on environmental review to be made in compliance with the California Environmental Quality Act (CEQA);
10.
A signed statement of compliance under Government Code Section 65962.5(f) indicating whether the proposed project is located on a hazardous waste and substance site as defined in that section. See subsection (F)(4) of this section (Hazardous Waste and Substances Statement) (Government Code Section 65940);
F.
Preliminary Soil and Engineering Geology Reports.
1.
Preliminary Soil Report.
a.
A preliminary geotechnical engineering report, prepared by a geotechnical engineer, based upon adequate test borings or excavations, shall be submitted with each application for a tentative map.
2.
Preliminary Engineering Geology Report.
a.
A preliminary engineering geology report, prepared by a California licensed engineering geologist, shall be submitted with each application for a tentative map, unless waived by the city engineer.
3.
Expanded Investigation. If the preliminary soil report or the preliminary engineering geology report indicates, or the city engineer has knowledge of, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, then a soil or engineering geology investigation of each proposed parcel shall be submitted with the final map. (Government Code Sections 66490, 66491)
4.
Hazardous Waste and Substances Statement.
(Ord. 25-01 § 1)
A.
Review by Director.
1.
Completeness. The director, in consultation with the city engineer, shall within 30 days after filing of the application determine whether the application is complete in compliance with the requirements of this title and the state Permit Streamlining Act. (Government Code Sections 65943, 66452)
2.
Consistency. The subdivider shall make corrections and additions until the application is complete and demonstrates compliance with the requirements of this title, the general plan, any applicable specific plan, the provisions of this municipal code and applicable objective planning and design standards and standard engineering specifications.
B.
Review by Affected Agencies. Within five days after the application is filed, the department shall forward copies of the tentative map to the affected public agencies which may provide comment in accordance with this section. (Government Code Sections 66453, 66455, 66455.1, 66455.7)
1.
Agency Located Within Three Miles.
a.
A local agency with service boundaries located within three miles of a proposed subdivision may make recommendations to the city regarding a tentative map if it does so within 15 days after the notice and map are mailed by the city.
2.
California Department of Transportation. The California Department of Transportation (Caltrans) may make recommendations regarding a tentative map if the proposed subdivision is located within one mile of a state highway and if the recommendations are submitted to the city within 15 days after the notice and map are mailed by the city. (Government Code Sections 66413.7, 66455)
3.
School Districts. Within five days after the application for a tentative map is accepted as complete, the department shall send a notice of the filing to the governing board of any affected school district.
a.
The notice shall contain information about the location, number of units, density, and other relevant information.
b.
Within 15 working days after the notice is mailed, the board may submit to the city a report and recommendation regarding the proposed subdivision and its impact on the school district.
c.
Failure of the school district to respond within the 15-working-day period is considered a recommendation for approval. (Government Code Section 66455.7)
d.
If the proposal shows an area for a public school site, the city shall notify the State Department of Education.
(Ord. 25-01 § 1)
A.
Public Hearings – When Required.
1.
Public Hearings. Following application evaluation and upon a determination that the application is complete, the review authority shall hold a public hearing on the tentative map. Notice of the public hearing shall be given in accordance with BMC § 16.08.040 (Public hearing notice).
2.
Staff Reports. The department shall provide a report of recommendation on a tentative map to the review authority. Copies of the report shall be provided to the subdivider and to each tenant in the case of a proposed condominium, community apartment project, or stock cooperative, at least three days before any hearing or action. (Government Code Section 66452.3)
B.
Findings Required. In order to approve a tentative map and conditions of approval, or to deny a tentative map, the review authority, as designated in BMC § 16.08.030 (Responsibilities and review authority), shall first make the findings specified in subsection (C) of this section (Review Authority Determination).
C.
Review Authority Determination.
1.
The review authority shall approve, conditionally approve, or deny the tentative map in compliance with Government Code Sections 66451 and 66452. (Government Code Sections 66452.1(a), (c), 66452.2)
2.
The time periods specified in Government Code Sections 66451 and 66452 begin after certification of the environmental impact report, adoption of a negative declaration or mitigated negative declaration, or a determination that the project is exempt from the requirements of the California Environmental Quality Act (CEQA). (Government Code Section 66452.1(c))
3.
If no action is taken within the time periods specified in Government Code Sections 66451 and 66452, or an extension has not been mutually approved, the tentative map is deemed approved insofar as it complies with the general plan, any applicable specific plan, this municipal code, objective planning and design standards, standard engineering specifications and the Map Act. (Government Code Section 66452.4)
4.
Findings for Approval.
a.
The review may approve or conditionally approve a tentative map only if it finds all of the following (Government Code Sections 66473.5, 66474):
i.
The proposed map is consistent with the general plan and any applicable specific plan, any policy or guideline implementing the general plan, or other applicable provisions of this code;
ii.
The site is physically suitable for the proposed type of development;
iii.
The site is physically suitable for the proposed density of development;
iv.
The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the review authority may approve a tentative map if an environmental impact report was prepared with respect to the project and a statement of overriding considerations was made to the effect that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
v.
The design of the subdivision or the type of improvements will not cause serious public health problems;
vi.
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. The review authority may approve a tentative map if it finds that alternative easements for access 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 hereby granted to the commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; and
b.
The review authority may modify or delete a condition of approval recommended in the department's report, except a condition required by this municipal code. The review authority may add additional requirements as a condition of its approval. (Government Code Section 66474.10)
c.
If the subdivision proposes 500 dwelling units or more and is not within an urbanized area previously developed for urban uses and is not a housing project exclusively for very low- and low-income households, the review authority shall include as a condition the requirement that a sufficient water supply shall be available, as required by Government Code Section 66473.7.
D.
Standards in Effect.
1.
In determining whether to approve or deny a tentative map application, the city shall apply only those ordinances, policies, and standards in effect at the time the application was accepted as complete.
E.
Form of Approved Tentative Map. Within 90 days after approval of the tentative map, the subdivider shall submit a revised map to the department that conforms to any changes required by the conditions of approval.
(Ord. 25-01 § 1)
A.
Dedications and Improvements. Along with the approval of a tentative map, the review authority may adopt any conditions of approval deemed reasonable and necessary to carry out the purposes of this municipal code; provided, that all conditions shall be consistent with the requirements of the Map Act.
B.
Dedications and Improvements.
1.
The city may require a condition of approval requiring dedications and improvements as necessary to ensure that the parcels to be created:
a.
Are provided with adequate public services and utilities to meet the needs of future residents or users;
b.
Are of adequate design in all respects in compliance with this municipal code;
c.
Act to mitigate any potential environmental impacts specified in the environmental impact report or by other means; and
d.
Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.
2.
All improvements shall comply with standard engineering specifications.
C.
Conditions Modifying Subdivision Design – Time for Compliance. When modifications in design require a change in the conditions of approval, the subdivider shall, at least 30 days prior to filing a final map, submit the tentative map as modified to the department for review for confirmation by the director and city engineer.
(Ord. 25-01 § 1)
The approval of a tentative map shall become effective for the purposes of filing a final map, including compliance with the conditions of approval, on the tenth working day following the date of decision by the review authority, if no appeal is filed in accordance with BMC § 16.08.080 (Appeals).
(Ord. 25-01 § 1)
A.
Effect of Approval on Prior Approvals. The approval or conditional approval by the review authority of any revised or new tentative map shall annul all previous subdivision designs and approvals for the same site.
B.
Compliance With Conditions, Improvement Plans. After approval of a tentative map in compliance with this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 16.12 BMC (Design and Improvement Standards) before constructing any improvements.
(Ord. 25-01 § 1)
A.
Purpose. The purpose of this section is to establish procedures necessary for the implementation of the provisions of the Map Act relating to vesting tentative maps.
C.
Procedures and Requirements.
1.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as is required of tentative maps in compliance with this chapter, except as otherwise provided in this section.
2.
At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."
3.
At the time a vesting tentative map is filed, a subdivider shall also supply all of the following information, as applicable:
a.
The height, location, and size of all existing and proposed structures;
b.
Detailed information on the use(s) of the existing and proposed structures;
c.
Architectural plans for tract development;
d.
Detailed circulation information (existing and proposed). This information may include area-wide traffic data sufficient for the city to determine future circulation needs;
e.
Detailed vehicle miles traveled (VMT) information (existing and proposed). This information may include region-wide traffic and jobs data sufficient for the city to determine future VMT impacts;
f.
Detailed grading plans;
g.
Flood control information;
h.
Hazardous materials, Level 1 Study;
i.
Road, sewer, storm water, and water details;
j.
Soils report; and
k.
Any other studies or information that the director and/or city engineer may require to thoroughly evaluate the project.
l.
The director may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.
4.
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Map Act and/or this chapter for the expiration of approved or conditionally approved tentative maps.
D.
Vesting on Approval of Vesting Tentative Map.
1.
The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code Section 66474.2.
2.
However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.
E.
Expiration of Vested Rights.
1.
Final map shall be approved before expiration of the vesting tentative map. The vested rights referred to in this section shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the Map Act. (Government Code Sections 66498.1(d), 66463.5(g))
2.
Period for Vesting Rights. If the final map is approved, the vested rights shall last for the following periods of time (Government Code Section 66498.5(b)):
a.
An initial time period of 12 months following the recordation of the final map.
b.
If a project covered by a single vesting tentative map that has not expired is divided into phases and more than one final map is recorded, the 12-month period begins for each phase when the final map for that phase is recorded prior to expiration of the overall tentative map.
3.
Expiration of Vesting Rights.
a.
If the subdivider submits a complete application for a building permit during the 12-month period specified in subsection (E)(2) of this section (Period for Vesting Rights), the vesting rights of the vesting tentative map continue until the building permit expires. (Government Code Section 66498.5(d))
b.
If a final map is recorded based upon a vesting tentative map, and the development rights expire, the final map remains in effect without the development rights.
4.
Extension of Time for Exercise of Vesting Rights.
a.
If the city does not complete processing of an application for a grading permit or for design or architectural review within 30 days of the date such application is complete, the 12-month period specified in subsection (E)(2) of this section (Period for Vesting Rights) is automatically extended by the time exceeding the 30-day period used by the city to complete processing. (Government Code Section 66498.5(c))
b.
Before the expiration of the 12-month period specified in subsection (E)(2) of this section (Period for Vesting Rights), a subdivider may apply to the city for an extension in compliance with BMC § 16.24.090 (Tentative map time limits, expirations and extensions). (Government Code Section 66463.5(g))
F.
City's Right to Condition or Deny Approval.
2.
The city may condition or deny a permit, approval, extension, or entitlement relating to a vesting tentative map if it determines that either:
a.
The failure to do so would place the residents of the subdivision or the community in a condition dangerous to their health or safety or both, as determined by the city engineer or building official; or
b.
The condition or denial is required to comply with state or federal law. (Government Code Section 66498.1(c))
(Ord. 25-01 § 1)
A.
Time Limits.
1.
Authority. The time limits specified in this title and the Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the city.
B.
Expiration and Extensions of Tentative Maps.
1.
Expiration Defined.
a.
The approval or conditional approval of a tentative map expires 24 months after its date of approval, except when extended by state law or as set forth in this section.
b.
The expiration of the map terminates all proceedings, and no final map may be filed without first processing a new tentative map. (Government Code Sections 66452.6(a), (d), 66463.5)
2.
Extensions.
a.
If the developer is subject to a public improvement requirement or requirements that meet the threshold of Government Code Section 66452.6(a)(1), then the map may be extended in accordance with the requirements of Section 66452.6.
i.
Each filing of a phased final map extends the expiration of the tentative map by 48 months, not to exceed a total of 10 years. (Government Code Section 66452.6(a)(1))
b.
Development Moratorium. The period of time specified in subsection (B)(1)(a) of this section shall not include any period of time during which a development moratorium, defined by the Map Act, is in existence for up to five years. (Government Code Sections 66452.6(b), (f))
c.
Pending Litigation.
i.
If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative map, the subdivider may apply to the city within 10 days of the service of the initial petition or complaint upon the city for a stay of the time in which the map will expire. (Government Code Section 66452.6(c))
ii.
Within 40 days after receiving the request, the director may stay the map's expiration date until final conclusion of the action, if the director determines that the action affects the validity of the tentative map approval.
3.
Improvement Plans Review.
a.
A tentative map remains valid during the period that the review of improvement plans by the city is underway, and the subdivider is actively pursuing approval of a final map.
b.
However, under no circumstances will the map remain valid for a period beyond 12 months after the expiration date of the tentative map.
c.
In addition, if the city engineer determines at any time during the review of improvement plans that the subdivider is not actively pursuing the approval of the final map, as evidenced by subdivider's failure to adhere to time deadlines as specified in guidelines promulgated by the city engineer, the privileges granted by this subsection will end and the map will expire; provided, the expiration date of the tentative map has passed. (Government Code Section 66452.6(d))
C.
Filing of Extension Request.
1.
An extension request shall be in writing and shall be filed with the development services department not less than 45 days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the adopted fee schedule.
2.
No public hearing is required for the extension. (Government Code Section 66452.6(e))
D.
Initial Extension. The director may grant one 12-month extension to the initial time limit, only after first finding all of the following:
1.
There have been no changes to the provisions of the general plan, any applicable specific plan, or this municipal code applicable to the project since the approval of the parcel map or tentative map;
2.
There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan, any applicable specific plan, or other standards of this municipal code apply to the project; and
3.
There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply, so that there is no longer sufficient remaining capacity to serve the project.
(Ord. 25-01 § 1; Ord. 25-09 § 3)
A.
Minor Changes to Approved Tentative Maps. A subdivider may request minor changes or amendments to an approved tentative map or its conditions of approval before recordation of a final map in compliance with this section.
B.
Minor Changes Defined. Minor changes or amendments to a tentative map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed parcel lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by subsection (F) of this section (Required Findings for Approval).
C.
Changes Other Than Minor Changes. All proposed changes or amendments not covered by subsection (A) (Minor Changes to Approved Tentative Maps) or (B) (Minor Changes Defined) of this section shall require the filing and processing of a tentative map in compliance with this chapter.
D.
Application for Changes. The subdivider shall file an application and filing fee, in accordance with the provisions of BMC § 16.04.070 (Application filing) and 16.04.080 (Fees), together with the following additional information:
1.
A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and
2.
Any additional information deemed appropriate by the director or city engineer.
E.
Processing of Application. Proposed changes to a tentative map or conditions of approval shall be processed using the same procedures as the original tentative map, except as otherwise provided by this section.
F.
Required Findings for Approval. The director may approve changes or amendments to an approved tentative map or its conditions of approval if the director first finds all of the following to be true, and that all of the applicable findings for approval required by BMC § 16.24.040(C)(4) (Findings for Approval) can still be made:
1.
No parcels are added, deleted, or substantially altered;
2.
No proposed structure locations are substantially altered;
3.
Proposed subdivision grading is not substantially altered;
4.
Proposed public improvements for the subdivision have not been substantially altered, or improvements have been substantially improved by the proposed alteration of the tentative map;
5.
The changes are consistent with the intent and spirit of the original tentative map approval;
6.
No public improvement, amenity, facility, or feature is deleted which substantially affects the project's function, quality, or safety; and
7.
There are no resulting violations of this title, the Map Act, or other applicable laws.
G.
Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map and shall not extend the time limits provided by BMC § 16.24.090 (Tentative map time limits, expirations and extensions), nor extend any right(s) in compliance with a vesting tentative map.
H.
Certification of Amendments. Minor changes or amendments shall be indicated on the approved amended tentative map and certified by the director and city engineer.
(Ord. 25-01 § 1)