All tentative maps of subdivisions of five (5) or more lots shall be prepared by a registered civil engineer or licensed land surveyor. All other tentative maps may be prepared by any person.
The time of filing shall be the time at which an application, the prescribed number of copies of the tentative map in the form required and the filing fee are received by the City Manager.
The form of the tentative map and the number of copies required for filing shall include:
(A)
Name and address of legal owner, subdivider, and person preparing the map, including registration number or license number.
(B)
Assessor’s parcel number.
(C)
Date prepared, north arrow, scale, contour interval, and date and source of existing contours.
(D)
Existing and proposed land use.
(E)
A vicinity map sufficient to show the relation to the local community.
(F)
Existing topography and environmental setting of the site and at least one hundred feet (100') from its boundary, including but not limited to:
(1)
Existing contours at two-foot (2') intervals, if the existing ground slope is less than ten percent (10%) and not less than five-foot (5') ntervals for existing ground slopes of ten percent (10%) or more. Existing contours shall be represented by screened or dashed lines.
(2)
Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.
(3)
The approximate location and outline of existing structures identified by the type. Structures to be removed shall be so marked.
(4)
The location, width, and direction of flow of each watercourse.
(5)
The location, pavement, right-of-way width, grade, and name of existing streets or highways.
(6)
The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets.
(7)
The location, width, and identity of existing easements.
(G)
Any improvements proposed by the subdivider shall be shown.
(H)
If the site is to be graded, proposed contours shall be shown or an approved grading plan shall be submitted, prepared by a civil engineer registered by the State of California.
(I)
The proposed lot layout and lot areas.
(J)
Proposed easements or rights-of-way.
(K)
A preliminary report of title showing the legal owners at the time of filing of the parcel map.
(L)
A soils and/or engineering geology report prepared by a soils engineer and/or a geologist certified in engineering geology by the State of California, may be required by the City Engineer.
(M)
A “will serve” letter from the agency proposed to provide sewer and water service to the proposed subdivision.
The City Engineer may waive any of the above requirements if the additional information is deemed to be unnecessary.
Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this Article, file prints of the parcel map, site plan, together with any application fees as may be required, with the City Manager.
The parcel map application shall consist of the number of maps determined by the City Manager and all required supporting information. The application shall be submitted together with any application fees to the City Manager.
The Planning Commission shall conduct a noticed public hearing on all subdivisions. Hearing procedures shall be established by the Planning Commission.
The Planning Commission shall give public notice of the time and place of hearing on a subdivision by posting notices not less than ten (10) days prior to the initial hearing on the matter. The notice shall include a brief description of the location and design of the subdivision. Notices shall be placed not more than fifty feet (50') apart along each street abutting the proposed subdivision extending at least three hundred feet (300') beyond the subdivision. In event of an appeal, this form of public notice shall be given in addition to that required under SJBMC 10-2-540.
The Planning Commission shall approve, conditionally approve, or disapprove tentative maps of subdivisions within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the City Manager that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. Conditions of approval may include, but are not limited to, dedication and improvement of streets, alleys, including access rights and abutter’s rights, drainage, public utility easements and other public easements, and all such matters as may in the opinion of the Planning Commission be appropriate.
No tentative map shall be approved which is not in conformance with the provisions of this Chapter, the City of San Juan Bautista Zoning Ordinance and any other ordinance of the City of San Juan Bautista. The applicant shall be responsible for attaining conformance with the tentative map requirements of other agencies.
(A)
The City Council shall be the Appeal Board.
(B)
As used herein, the term “interested person adversely affected” means any City department, public agency, public utility, or any person claiming that the decision is likely to result in personal economic loss or damage to his property.
(C)
Within ten (10) calendar days after action, the subdivider or any interested person may appeal any action of the Planning Commission to the City Council. Appeals to the City Council shall be submitted in writing to the City Clerk. Said appeals shall reference the project and tentative map number and shall state fully the nature and extent of the appeal, how the Planning Commission erred in their decision, and the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5 and subsection (D) of this Section.
(D)
Whenever a public hearing is held pursuant to this Section, it shall be conducted as required by Government Code Section 66451.3. Notice of the time and place thereof, and the general description of the location of the proposed subdivision, shall be given at least ten (10) days before the hearing by publication once in a newspaper of general circulation in the City of San Juan Bautista. Any interested person may appear at such hearing and shall be heard.
Any of the time limits for action or report may be extended by mutual consent of the subdivider and the Planning Commission. Failure of the Planning Commission or City Council to act within the time limits specified herein or in the Subdivision Map Act shall be remedied as specified in the Subdivision Map Act for inaction on tentative maps of subdivisions.
The approval of a tentative map shall be effective for two (2) years. Upon application of the subdivider filed prior to the expiration of the map, an extension of the effective period up to three (3) years may be granted or conditionally granted by the Planning Commission, upon the determination that circumstances under which the map was approved have not changed to the extent which would warrant a change in the design or improvement of the tentative map.