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(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)
An approved or conditionally approved tentative map shall expire 36 months after its approval by the designated authority as outlined in Table 7.05.020-1. The expiration of an approved or conditionally approved map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included on the tentative map shall be filed without first processing a new tentative map.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
Notwithstanding § 7.20.120 (Expiration of a Tentative Map), the initial 36-month term of approved or conditionally approved tentative maps may be extended as follows:
(A) Request by the subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time. The subdivider shall file with the Community Development Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city’s official application form, including, but not limited to, environmental analysis pursuant to CEQA.
(B) Provided no changes are being requested by the subdivider, the Director may approve one or more extensions not to exceed a total of six years, and may impose additional conditions of approval on a future related action to maintain the public health, safety, and welfare and/or to comply with current city standards and ordinances, and state or federal requirements to the extent allowed by law.
(C) If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed in accordance with § 7.20.140 (Modifications of Tentative Maps) and the city may require amendments to the tentative map or the conditions of approval.
(D) If a subdivider is required to expend the amount specified in Cal. Gov’t Code § 66452.6 to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Cal. Gov’t Code § 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
(A) Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider, by action initiated by the Community Development Director, City Engineer or the Public Works Director, pursuant to this section. The applicant shall file a letter with the Community Development Director requesting that a determination be made regarding the project. The city shall respond within 30 days with its decision. Additional exhibits may be required at the discretion of the city.
(B) Minor modifications. Minor modifications to an approved or conditionally approved map shall be processed as follows:
(1) Applicability. A minor modification includes changes that are consistent with the intent of the original map approval, do not affect off-site properties, and result in no violations of this title or the Development Code. The following modifications are considered minor:
(a) Modifications to less than 10% of the total number of lots in the subdivision, provided that the basic design concept is retained and there is no increase in the total number of lots within the subdivision.
(b) Modifications to the horizontal alignment of ten feet or less, or vertical alignment of five feet or less, of any cul-de-sac or local or collector roadway when such modification does not affect off-site property, and design integrity of the roadways.
(c) Modifications to a condition of approval that is no longer appropriate or necessary.
(d) Any other changes which in the opinion of the Director do not involve substantial changes to the map or the conditions of approval and which do not affect off-site properties.
(2) Review. Minor modifications are processed administratively without notice or public hearing.
(C) Major modifications. Major modifications to an approved or conditionally approved map shall be
processed as follows:
(1) Applicability. A major modification includes changes that exceed the thresholds listed in
§ 7.20.140(B).
(2) Review.
(a) The Community Development Director shall make a written recommendation to the original reviewing and/or approving authority for the approved or conditionally approved map. A public hearing notice shall be provided unless the original map approval did not previously require such a hearing.
(b) The reviewing or approving authority may take action on the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the subdivider.
(D) The approval or conditional approval of any modified tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the approving authority upon application by the subdivider pursuant to § 7.20.130 (Extensions of Time for Tentative Maps).
(E) Any other amendment not meeting the criteria as listed in §§ 7.20.140(B) or 7.20.140(C) of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this chapter for tentative map approval.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
When any area for which a subdivision or proposed subdivision subject to a tentative map or final map has been filed but a tentative map or final map has not been approved, or for which a parcel map is required by this title but the final act required to make the parcel map effective has not been taken, is annexed to the city, the subdivider shall process all necessary applications and revise any portion of the map that is not in conformance with the city standards that were in effect as of the effective date of the annexation. The subdivider shall submit the required applications and/or make the necessary revisions within 36 months of the effective date of the annexation, prior to expiration of the tentative map, or prior to complete and timely filing of a final map, whichever occurs first. The city may require the subdivider to attend a pre-application meeting with the Community Development Director to determine the extent of any required modifications. Any tentative map that is not brought into conformance with the city’s policies, rules, and regulations that were in effect as of the effective date of the annexation in accordance with the time frame specified above will be considered expired, and no final map shall be processed by the city.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)