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All divisions of land pursuant to this title shall conform to the City of Menifee General Plan and to the development standards set forth in the Development Code for the zone in which the property to be divided is located at the time the application for the tentative map is determined complete.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(A) Soils report. The subdivider shall provide a preliminary soils report, based upon adequate subsurface exploration, test borings, and laboratory tests, with application of the tentative map or parcel map. In the event the preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction, or other soil problems, which if not corrected could result in structural defects, a geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and a report shall be submitted recommending corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be conditioned to include this recommended corrective action with the construction of each affected structure. The report may be waived if, in the exercise of his or her professional judgment, the City Engineer finds that sufficient knowledge exists as to the qualities of the soils within the proposed subdivision.
(B) Geologic and geotechnical reports shall be required, with application of the tentative map or parcel map, when a subdivision involves any of the following:
(1) The subdivision is within any zone requiring special study by the State Geologist or the City Engineer.
(2) The subdivision proposes to dispose surface water through the use of dry wells or other subsurface facilities.
(3) The site of the subdivision contains hillside areas where the existing gradient equals or exceeds 25%.
(4) The development of the subdivision requires excavation into bedrock.
(C) Geotechnical, geologic, and soils reports, as required herein, shall be prepared by an engineer or geologist based on guidelines determined by the City Engineer, as applicable, who is authorized or licensed to practice and prepare the reports by the State of California. Such reports shall be reviewed and approved by the City Engineer. If public improvement plans or grading plans are required as part of the tentative map approval process, the review and approval of the geotechnical, geologic, or soils reports shall be required prior to approval of public improvement plans or grading plans. The City Engineer may waive these requirements for parcel maps at his or her discretion, in the exercise of his or her professional judgment. The City Engineer shall make a copy of all approved reports available to the public.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
Prior to approval of any tentative map or tentative parcel map, the subdivider shall demonstrate, to the satisfaction of the City Engineer, that the design of the subdivision is such that it conforms with Chapter 4.2 (Floodplain Management for Noncoastal Communities) of the Menifee Municipal Code. The City Engineer may require studies, mapping, easements, design, and construction as part of the final map or parcel map processing to ensure that this requirement is met. Unless otherwise permitted by this title, no final map shall be recorded if additional studies, engineering design, acquisition of easements, or construction of flood control facilities is required for issuance of any building permit for the subdivision. The City Engineer shall make a copy of all approved studies available to the public. Such studies shall be prepared under the direction of a registered civil engineer.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
The Community Development Director shall notify the applicant of its determination of completeness of the subdivision application in accordance with Cal. Gov’t Code § 65943. The applicant shall have the right to appeal a decision that an application is incomplete to the Planning Commission pursuant to Cal. Gov’t Code § 65943(c), through the appeal process set forth in § 9.30.100 (Appeals).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
The review and distribution procedures for tentative map applications filed with the Community Development Director shall comply with the applicable common application processing procedures of Chapter 9.30 (Common Application Processing Procedures), except where modified as follows:
(A) Distribution of maps and receipt of comments. Within five business days after an application has been determined to be complete, the Community Development Director shall send notice of this determination to affected school districts pursuant to Cal. Gov’t Code § 66455.7. The Director may, if applicable, distribute copies of the proposed tentative subdivision map to other affected, advisory, or requesting agencies.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(A) The approving authority shall hold a public hearing on the map, and upon making all findings required in § 7.20.090 (Findings of Approval for Tentative Maps), shall approve or conditionally approve the tentative map. If such findings are not made, the approving authority shall deny the tentative map. The approving authority shall render a decision within 50 days of certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from CEQA, in accordance with Cal. Gov’t Code §§ 66452.1 and 66452.2.
(B) The time frames noted above may be extended as provided by prevailing statutory law or court decisions.
(C) In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to Cal. Gov’t Code § 66452.4, the standard conditions of approval prepared by the city that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
Any tentative map shall be approved, or conditionally approved, if all the following findings are made:
(A) The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code.
(B) The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.
(C) The site is physically suitable for the type and proposed density of development proposed by the tentative map.
(D) The design of the subdivision and the proposed improvements, with conditions of approval, are either:
(1) Not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat; or
(2) Subject to an environmental impact report under which a finding has been made pursuant to Cal. Pub. Res. Code § 21081(a)(3) that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.
(E) The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
(F) The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.
(G) The design of the subdivision and 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 the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.
(H) The subdivision is consistent with the city’s parkland dedication requirements (per the Quimby Act), as applicable, in accordance with Chapter 7.75 (Parkland Dedication and Fees).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(A) Tentative map. For subdivisions resulting in five or more residential lots:
(1) The designated approving authority as specified in § 7.05.020 (Responsibilities and Authorities) may approve or conditionally approve any tentative map if it can make the findings listed in § 7.20.090 (Findings of Approval for Tentative Maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable city standards in effect at the time the application was deemed complete; provided, however, that such other city standards which may be applicable under the provisions of Cal. Gov’ Code §§ 66474.2(b) and (c) shall also be applied.
(2) The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this title, and shall deny the tentative map if it cannot make all of the findings listed in § 7.20.090.
(B) Tentative parcel map. For subdivisions resulting in four or fewer residential lots and for commercial or industrial subdivisions as described in Cal. Gov’t Code § 66426:
(1) The designated approving authority as specified in § 7.05.020 (Responsibilities and Authorities) may approve or conditionally approve any tentative map if he or she can make the findings listed in § 7.20.090 (Findings of Approval for Tentative Maps), and may place reasonable conditions on filing of multiple final or parcel maps. In making findings in support of the approval or disapproval, the approving authority shall apply all applicable city standards in effect at the time the application was deemed complete; provided, however, that such other city standards that may be applicable under the provisions of Cal. Gov’t Code §§ 66474.2(b) and (c) shall also be applied.
(2) The approving authority may deny a tentative map on any of the grounds set forth in the Map Act or this title, and shall deny the tentative map if he or she cannot make all of the findings listed in § 7.20.090.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
A subdivider or any other interested party may appeal a decision of the Director or the Planning Commission by using the procedures set forth in § 9.30.100 (Appeals).
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
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