Fountain Valley City Zoning Code

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.

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.

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.

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.

Condominiums. Any applicable findings required by Section 21.74.030 of this title for condominium conversions.

Dedications or Exactions. Any applicable findings required by Section 21.78.030 (Findings required for dedications or exactions) of this title, if dedications or exactions are required.

Waiver of Parcel Map. The findings required by Section 21.72.030 (Waiver of parcel map) of this title, if waiver of a parcel map has been requested with the tentative map application.

The proposed subdivision including design and improvements is not consistent with the general plan or any applicable specific plan;

The site is not physically suitable for the type or proposed density of development;

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

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;

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;

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

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.

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;

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;

Carry out the specific requirements of Chapters 21.68 (Subdivision Design and Improvement Requirements) and 21.80 (Improvement Plans and Agreements) of this title;

Secure compliance with the requirements of this title and the general plan; and

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

Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the General Plan.

The waiver of direct access rights to any existing or proposed streets;

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;

Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or

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.

A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested and any facts that justify the changes; and

Any additional information deemed appropriate by the department.

There was a material mistake of fact in the deliberations leading to the original approval;

There has been a change of circumstances related to the original approval; and

A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this title.

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.

A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.72 (Parcel maps and final maps) of this title, to complete the subdivision.

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

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.

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:

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.

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:

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.

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.

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.

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:

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.

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.

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.

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.

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.