This chapter establishes requirements for the preparation, filing,
approval or disapproval of tentative maps, consistent with the requirements
of the Map Act.
(Ord. 1308 § 5, 2000)
Tentative map submittal shall include the application forms,
and all information and other materials prepared as required by the
department.
(Ord. 1308 § 5, 2000)
(a)
General Filing and Processing Requirements. Tentative map applications shall be submitted to the department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable and evaluated in a staff report in compliance with Chapter 21.32 (Application Filing and Processing, Fees) of this title.
(b)
Referral to Affected Agencies. In addition to the procedures outlined in Chapter 21.32 (Application Filing and Processing, Fees) of this title, a tentative map application shall be referred to affected agencies as required by the Map Act, as well as any other city department, county, state or federal agency, or other individual or group that the director believes may be affected by the subdivision, or may have information useful to the city about issues raised by the proposed subdivision.
(Ord. 1308 § 5, 2000)
After completion of the initial processing and the application being deemed complete in compliance with Section 21.32.050 of this title, the director shall:
(1)
Review and evaluate each tentative map as to its compliance and consistency
with applicable provisions of this title, the general plan, any applicable
specific plan and the Map Act;
(2)
Determine the extent to which the proposed subdivision complies with the findings in Section 21.70.070 (Tentative map approval or disapproval) of this chapter; and
(3)
Prepare a staff report to the review authority in compliance with Section 21.70.060 (Tentative map public hearings) of this chapter, describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval or denial of the tentative map.
(Ord. 1308 § 5, 2000)
(a)
Review Authority. Tentative parcel map applications (tentative map
applications proposing four or fewer parcels) shall be reviewed, and
approved or disapproved by the subdivision review committee. Tentative
tract map applications (tentative map applications proposing five
or more parcels) shall be reviewed, and approved or disapproved by
the commission.
(b)
Review Procedure. After review of a tentative map in compliance with Section 21.70.040 of this chapter, the applicable review authority shall take the following actions.
(1)
The commission shall conduct a public hearing on a proposed tentative tract map in compliance with Section 21.70.060 (Tentative map public hearings) of this chapter, and consider the recommendations of the director, any agency comments on the map and any public testimony. No public hearing is required for a tentative parcel map unless an environmental impact report (EIR) has been prepared.
(2)
The review authority shall evaluate each tentative map as to its
compliance and consistency with applicable provisions of this title,
the general plan, any applicable specific plan and the Map Act. The
review authority's evaluation shall be based on the staff report,
information provided by an initial study or environmental impact report
(EIR), where applicable, and any public testimony received.
(3)
Within thirty days after the filing of the report and recommendation
of the director with the review authority, approve, conditionally
approve or deny the tentative map.
Approval or conditional approval of a tentative map shall be granted only after the review authority has first made all findings required by Section 21.70.070 (Tentative map approval or disapproval) of this chapter. The review authority may impose conditions of approval in compliance with Section 21.70.080 (Conditions of approval) of this chapter.
(Ord. 1308 § 5, 2000)
When a public hearing is required by this title for a tentative map, the hearing shall be scheduled and conducted in compliance with this section, with public notice provided in compliance with Chapter 21.58 (Public Hearings) of this title.
(1)
Scheduling of Hearing—Action. A public hearing on a tentative
map shall be scheduled, and action shall be taken, within fifty days
after the tentative map application has been deemed complete.
(2)
Distribution of Staff Report. The staff report on the tentative map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Chapter 21.74 of this title) at least three days before any hearing or action on the tentative map by the review authority.
(Ord. 1308 § 5, 2000)
In order to approve a tentative map and conditions of approval, or to disapprove a tentative map, the review authority shall first make the findings required by this section. In determining whether to approve a tentative map, the city shall apply only those ordinances, policies and standards in effect at the date the department determined that the application was complete in compliance with Section 21.70.030 (Tentative map filing—Initial processing) of this chapter, except where the city has initiated changes to the general plan, a specific plan or this title, and provided public notice as required by Map Act Section 66474.2.
(1)
Required Findings for Approval. The review authority may approve a tentative map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection (3) of this section can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
(2)
Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection (1) of this section, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.
(A)
Construction of Improvements. It is in the interest of the public
health and safety, and it is necessary as a prerequisite to the orderly
development of the surrounding area, to require the construction of
road improvements within a specified time after recordation of the
parcel map, where road improvements are required.
(B)
Condominiums. Any applicable findings required by Section 21.74.030 of this title for condominium conversions.
(3)
Findings Requiring Denial. A tentative map shall be denied if the
review authority makes any of the following findings:
(A)
The proposed subdivision including design and improvements is not
consistent with the general plan or any applicable specific plan;
(B)
The site is not physically suitable for the type or proposed density
of development;
(C)
The design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or injure fish or wildlife
or their habitat;
(D)
The design of the subdivision or type of improvements is likely to
cause serious public health or safety problems;
(E)
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. This finding
may not be made if the review authority finds that alternate easements
for access or use will be provided, and that they will be substantially
equivalent to ones previously acquired by the public. This finding
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 review authority to determine that the public
at large has acquired easements of access through or use of property
within the proposed subdivision;
(F)
The discharge of sewage from the proposed subdivision into the community
sewer system would result in violation of existing requirements prescribed
by the California Regional Water Quality Control Board;
(G)
A preliminary soils report or geological hazard report indicates
adverse soil or geological conditions and the subdivider has failed
to provide sufficient information to the satisfaction of the city
engineer or the review authority that the conditions can be corrected
in the plan for the development; or
(H)
The proposed subdivision is not consistent with all applicable provisions
of this title and any other applicable provisions of this code and
the Subdivision Map Act.
(Ord. 1308 § 5, 2000)
Along with the approval of a tentative Map, the adoption of
conditions of approval shall occur in compliance with this Section,
provided that all conditions shall be consistent with the requirements
of the Map Act.
(a)
Mandatory Conditions. The review authority shall adopt conditions
of approval that will:
(A)
Require that parcels, easements or rights-of-way be provided for
streets, water supply and distribution systems, sewage disposal systems,
storm drainage facilities, solid waste disposal and public utilities
providing electric, gas and communications services, as may be required
to properly serve the subdivision. Easements for public utilities
shall be limited to those needed to provide service to present and
future development;
(B)
Mitigate or eliminate environmental problems identified through the
environmental review process, except where a statement of overriding
consideration has been adopted in compliance with CEQA;
(C)
Carry out the specific requirements of Chapters 21.68 (Subdivision Design and Improvement Requirements) and 21.80 (Improvement Plans and Agreements) of this title;
(D)
Secure compliance with the requirements of this title and the general
plan; and
(E)
Require that any designated remainder parcels not be subsequently
sold or further subdivided unless a certificate or conditional certificate
of compliance is obtained in compliance with the Map Act; and
(b)
Optional Conditions. The review authority may also require as conditions
of approval:
(A)
The waiver of direct access rights to any existing or proposed streets;
(B)
The reservation of sites for public facilities, including schools, and fire stations, libraries and other public uses in compliance with Map Act Chapter 4, Article 4;
(C)
Time limits or phasing schedules for the completion of conditions
of approval, when deemed appropriate; or
(D)
Any other conditions deemed necessary by the review authority to
achieve compatibility between the proposed subdivision, its immediate
surroundings and the community, or to achieve consistency with city
ordinances or state law.
(Ord. 1308 § 5, 2000)
The approval of a tentative map shall become effective for the
purposes of filing a parcel or final map, including compliance with
conditions of approval, immediately after the adoption of the resolution
of decision by the review authority.
(Ord. 1308 § 5, 2000)
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 21.72.130 (Amendments to recorded maps) of this title.
(1)
Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots) and any changes to the conditions of approval, consistent with the findings required by subsection (4) of this section. Other changes shall require the filing and processing of a new tentative map.
(2)
Application for Changes. The subdivider shall file an application
and filing fee with the department, using the forms furnished by the
department, together with the following additional information:
(3)
Processing. Proposed changes to a tentative map or conditions of
approval shall be processed in the same manner as the original tentative
map, except as otherwise provided by this section.
(4)
Findings for Approval. The review authority shall not modify the approved tentative map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by subsections (1) and (2) of Section 21.70.070 of this chapter can still be made:
(A)
There was a material mistake of fact in the deliberations leading
to the original approval;
(B)
There has been a change of circumstances related to the original
approval; and
(C)
A serious and unforeseen hardship has occurred, not due to any action
of the applicant subsequent to the enactment of this title.
(Ord. 1308 § 5, 2000)
(a)
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 21.80 (Improvement plans and agreements—Dedications) of this title, before constructing any required improvements.
(b)
Parcel or Final Map Preparation—Filing and Recordation.
(1)
A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and rec-orded in compliance with Chapter 21.72 (Parcel maps and final maps), of this title to complete the subdivision, unless a parcel map has been waived in compliance with Section 21.72.030 (Waiver of parcel map) of this title.
(Ord. 1308 § 5, 2000)
The processing of a tentative map shall be completed, and an
approved tentative map shall be subject to the time limits for expiration
and procedures for extension as follows.
(1)
Expiration of Approved Tentative Map. An approved tentative map is valid for twenty-four months after its effective date (Section 21.70.090 of this chapter), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of twenty-four months, the approval shall expire and become void unless:
(A)
A parcel or final map, and related bonds and improvement agreements, have been filed with the city engineer in compliance with Chapter 21.72 (Parcel Maps and Final Maps) of this title; or
(B)
An extension of time has been granted in compliance with subsection
(2) of this section.
Expiration of an approved tentative map or vesting tentative
map shall terminate all proceedings. The application shall not be
reactivated unless a new tentative map application is filed.
(2)
Extensions of Time for Tentative Maps. When a subdivider has not completed all tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by subsection (1) of this section, time extensions may be granted as follows. Extension requests shall be in writing and shall be filed with the department on or before the date of expiration of the approval or previous exten-sion, together with the required filing fee.
(A)
Tentative Maps and Vesting Tentative Maps. The review authority may
grant extensions to the initial time limit up to a maximum total of
three years, only after finding that:
(i)
There have been no changes to the provisions of the general plan,
any applicable specific plan or this title applicable to the project
since the approval of the tentative map;
(ii)
There have been no changes in the character of the site or its
surroundings that affect how the policies of the general plan or other
standards of this title apply to the project; and
(iii)
There have been no changes to the capacities of community resources,
including but not limited to water supply, sewage treatment or disposal
facilities, roads or schools so that there is no longer sufficient
remaining capacity to serve the project.
(B)
Tentative Maps with Multiple Final Maps. Where a subdivider is required
to expend more than one hundred twenty-five thousand dollars on improvements
as specified in Map Act Section 66452.6 and multi-ple final maps are
filed covering portions of a single approved tentative map, each filing
of a final map shall extend the expiration of the tentative map by
an additional thirty-six months from the date of its expiration, or
the date of the previously filed final map, whichever is later, provided
that the total of all extensions shall not extend the approval of
the tentative map more than ten years from its approval.
(Ord. 1308 § 5, 2000)
This section establishes procedures to implement the vesting
tentative map requirements of state law, Map Act Sections 66498.1
et seq.
(1)
Applicability. Whenever this title requires that a tentative map
be filed, a vesting tentative map may instead be filed, provided that
the vesting tentative map is prepared, filed and processed in compliance
with this section. A vesting tentative map may be filed for either
residential, commercial or industrial developments.
(2)
Procedures for Processing a Vesting Tentative Map. A vesting tentative
map shall be filed in the same form, have the same contents and accompanying
data and reports and, shall be processed in the same manner as set
forth by this chapter as a tentative map, except as follows.
(A)
Application Content. The vesting tentative map shall include the following information in addition to that required by Section 21.70.020 (Tentative map preparation—Application contents) of this chapter:
(i)
Title. The vesting tentative map shall be prepared with the words
"Vesting Tentative Map" printed conspicuously on its face; and
(ii)
Intended Development. The vesting tentative map application
shall include accurately drawn, preliminary floor plans and architectural
elevations for all buildings and structures intended to be constructed
on the property after subdivision.
(B)
Findings for Approval. The approval of a vesting tentative map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 21.70.070 (Tentative map approval or disapproval) of this chapter.
(3)
Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Sections 21.70.120 et seq. (Tentative map time limits) of this chapter.
(4)
Changes to Approved Map or Conditions. The subdivider may apply for
an amendment to the vesting tentative map or conditions of approval
at any time before the expiration of the vesting tentative map. An
amendment request shall be considered and processed through the same
procedures as a new application, in compliance with this section and
in compliance with the provisions of the Subdivision Map Act Section
66498.2.
(5)
Development Rights Vested.
(A)
The approval of a vesting tentative map shall confer a vested right
to proceed with development of the subdivided lots in substantial
compliance with the ordinances, policies and standards (excluding
fees) as provided in Map Act Section 66498.1.
(B)
If Map Act Section 66474.2 is repealed, approval of a vesting tentative
map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies and standards in effect at
the time the map is approved or conditionally approved.
(C)
Subsequent land use permits, building permits, extensions of time
or other entitlements filed on parcels created by the subdivision
may be conditioned or denied only if the review authority determines
that:
(D)
Fees charged for building or land use permits, filed after the approval
of a vesting tentative map shall be as required at the time the subsequent
permit applications are filed, including any related utility or development
impact fees (e.g., sewer/water hookup fees, traffic mitigation fees,
etc.). Application contents shall be as required by ordinance requirements
in effect at the time the subsequent application is filed.
(6)
Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map in compliance with Sections 21.70.120 et seq. (Tentative map time limits) of this chapter. If the parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time.
(A)
An initial time period of twenty-four months from the date of recordation
of the parcel or final map. Where several final maps are recorded
on various phases of a project covered by a single vesting tentative
map, this initial time period shall begin for each phase when the
final map for that phase is recorded.
(B)
The initial twenty-four months shall be automatically extended by
any time used for processing a complete application for a grading
permit or for design or architectural review, if processing exceeds
thirty days from the date the application is accepted for processing
as complete.
(C)
The subdivider may apply for a one-year extension at any time before
the initial twenty-four months expires. Application for an extension
shall be submitted to the department and shall be accompanied by the
required fee. The council shall approve or deny any request for extension.
(D)
If the subdivider submits a complete application for a building permit
during the periods of time specified in subsections (6)(1) and (6)(2)
of this section, the vested rights shall continue until the expiration
of the building permit, or any extension of that permit.
(Ord. 1308 § 5, 2000)