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An application for a tentative map, filed in compliance with this chapter, shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans or master development plans, and this development code. Additionally, all required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the tentative map, in compliance with the city's rules and procedures for implementation of CEQA.
(Ord. 182 § 2 (part), 1997)
The tentative map shall be prepared in a manner acceptable to the department by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain all of the information identified in the department's submittal requirements for tentative maps, in effect at the time the application is filed.
(Ord. 182 § 2 (part), 1997)
A. Pre-Application Conference. Before submitting a tentative map application, the prospective subdivider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).
B. Determination of Completeness. The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the content and form of the tentative map conform to the requirements of Section 16.94.030, and all fees and/or deposits, in compliance with Chapter 16.48 (Application Filing, Fees), have been submitted and accepted by the department. The subdivider shall file, with the department, the number of tentative maps the department deems necessary.
C. Notice to Public Agencies, Utilities, and City Departments. The department shall forward copies of the tentative map to the affected public agencies, and utilities, and city departments, including but not limited to the City Engineer, Fire Department, Police Department, Building and Safety, and Community Services, which may, in turn, forward to the Development Services Department their findings and recommendations. Public agencies and utilities shall certify that the proposed subdivision can be adequately served.
D. Notice of Filing. Within ten days of the filing of a complete tentative map application, the department shall send a notice of the filing of the application to the affected school district, in compliance with state law.
(Ord. 556 § 27, 2020; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
A. Director's Determination. At the time an application is filed with the department, the director shall deter-mine whether or not the department is able to meet the required time limits for reporting and acting upon the application.
B. Extensions. Applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the city, in compliance with state law.
C. Waiver. A waiver of application time limits may be required by the department to permit concurrent processing of related project approvals or an environmental review on the same development project.
(Ord. 182 § 2 (part), 1997)
A. Notice of Public Hearings - Tentative Tract Maps and Commercial/Industrial Maps. Upon receipt of a complete tentative map application, the department shall prepare a written report with recommendations. The department shall schedule the matter for a public hearing before the Planning Commission for tract maps and commercial/industrial parcel maps, in compliance with Chapter 16.76 (Public Hearings). A copy of the department report shall be provided to the subdivider at least three days before the public hearing at the address designated on the application.
B. Action. The Commission shall approve, conditionally approve, or disapprove the tentative map within the time limits identified in state law after the tentative map application has been determined by the department to be complete.
C. No Action. If not action is taken upon a tentative map by the Commission to approve, conditionally approve, or disapprove the tentative map, or by the council, within the time limits identified in state law, or an authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The city clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
D. Findings.
1. Approval. The tentative map may be approved or conditionally approved by the commission if it finds that the proposed subdivision, together with the provisions for its design and improvements are in conformance with the general plan, any applicable specific plan or master development plan, and all applicable provisions of this development code.
2. Disapproval. The tentative map may be disapproved by the commission based on any of the findings contained in the subdivision map act or this development code. The commission shall disapprove the tentative map if it makes any of the following mandatory findings of fact, in compliance with state law (Government Code Section 66474):
a. The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);
b. The site is not physically suitable for the type or density of development proposed;
c. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is likely to cause serious public health problems; or
e. The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
E. Payment of Fees. The commission may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit.
(Ord. 556 § 28, 2020; Ord. 544 §§ 44, 45, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)
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