This chapter pertains to tentative parcel maps and tentative tract maps.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Tentative maps shall conform with such requirements as to form and contents as may be specified by the director and the subdivision manual.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any property owner who proposes to subdivide property may file a tentative map. Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by evidence of ownership of the real property proposed for subdivision. When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided when determined to be necessary by the director.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Tentative maps shall be accompanied by appropriate environmental documents in accordance with the California Environmental Quality Act.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Unless the requirement is waived by the city engineer pursuant to subsection (b) tentative maps shall be accompanied by a preliminary soils report based upon adequate test borings and prepared by a soils engineer. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage.

(b)

The city engineer may waive the preliminary soils report required by subsection (a) for tentative tract maps where it is determined unnecessary because the city already has sufficient information as to the qualities of the soils in the proposed subdivision and for tentative parcel maps.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Tentative maps shall be filed with the director, who shall accept such maps only when he determines that the requirements for filing a tentative map established by this article and the Subdivision Map Act have been satisfied. The date a tentative map is filed shall be the date it is accepted and deemed as a complete submittal by the director. Each tract or parcel map shall be identified by a number, issued by the county surveyor, prominently displayed on the face of the map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Where a local agency has filed a territorial map with the director pursuant to the Subdivision Map Act, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency.

(b)

When the state department of transportation has filed with the city council a map of territory within one mile on either or both sides of any state highway routing pursuant to the Government Code, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the department of transportation.

(c)

Upon filing of a tentative map, the director shall give notice of the filing to the governing boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The planning commission shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

(a)

An extension of time for action is mutually consented to by the subdivider and the planning commission, in which case the map shall be acted upon within the time agreed upon.

(b)

The subdivider withdraws the map.

(c)

A moratorium.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Reports and recommendations on tentative maps shall be in writing and shall be served on the subdivider at least three days prior to the date action on the map is scheduled, provided that a subdivider:

(a)

May waive this requirement.

(b)

May consent to the receipt by the planning commission of additional recommendations and provided further that a subdivider shall be deemed to have so consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the planning commission takes action on the tentative map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each tentative map shall be reviewed by the planning commission, which shall approve, conditionally approve, or disapprove it.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A revised tentative map may be submitted at any time prior to action on the map by the planning commission. The time for action on a tentative map specified in section 9.73.050 shall recommence upon the acceptance by the director of a revised tentative map.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The subdivision committee shall review and make recommendations to the planning commission on tentative maps at a regularly scheduled meeting when the matter has been duly placed upon the committee's agenda by the director of community development. Public hearings shall not be required for the consideration of tentative maps before the subdivision committee. The planning commission shall act on tentative maps at regularly scheduled public hearings and all interested persons shall be given an opportunity to address the planning commission on any matter pertaining to a proposed subdivision.

(b)

Notice of the planning commission public hearing shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided by at least one of the following methods:

(1)

Direct mailing to the owners.

(2)

Posting of notice on and off the site in the area where the project is to be located.

(3)

Delivery of notice by any means other than mail to the owners.

(4)

Any other methods reasonably determined to provide actual notice.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The planning commission shall not approve or conditionally approve a tentative map which does not conform with applicable zoning except as provided in subsection (b) below.

(b)

A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the subdivision committee on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.

(c)

Where zoning conformance depends upon the issuance of a discretionary permit, the discretionary permit must be approved prior to the approval or conditional approval of the tentative map.

(d)

A tentative map shall not be approved if it is apparent that any proposed parcel cannot be put to its intended use without the granting of a variance or variances.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the planning commission makes the following findings:

(a)

That the proposed map is consistent with the Mission Viejo General Plan.

(b)

That the design and improvement of the proposed subdivision is consistent with the Mission Viejo General Plan.

(c)

That the site is physically suitable for the proposed type of development.

(d)

That the requirements of the California Environmental Quality Act have been satisfied.

(e)

That the site is physically suitable for the proposed density of development.

(f)

That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.

(g)

That the design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems.

(h)

That the design of the subdivision and the type of improvements proposed will not conflict with easements of record or established by court judgement acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public.

(i)

That the design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to section 9.73.075.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The planning commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by the area regional water quality control board. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the planning commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

(b)

In the event a subdivision fronting upon a public waterway, river or stream or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with the requirements of sections 9.74.120 and 9.74.125, the planning commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

(c)

If the planning commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by section 9.74.140, the planning commission shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the planning commission. In all cases, the director shall attempt to notify any third parties who have previously indicated an interest in the matter of the planning commission's scheduled consideration of the modification. Modifications shall be considered by the planning commission in the manner, and in accordance with the notice requirements, where applicable, set forth in section 9.73.070(b).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

An approved or conditionally approved tentative map shall expire 24-months after its approval or conditional approval, unless prior to the expiration date a subdivider requests an extension of time to record said map.

(b)

The planning commission may grant an extension of time for the map to be recorded for a period or periods not exceeding a total of three years beyond the original date of expiration. However, the director may grant any additional period of time as may be prescribed by the Subdivision Map Act.

(c)

An extension may be granted only where it will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(d)

Denial of a request for extension may be appealed by the subdivider to the city council within 15 days of the action by filing an appeal with the city clerk.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

Any interested person may appeal to the city council from any action of the planning commission on a tentative map by filing an appeal with the clerk of the city council within ten days of the action.

(b)

The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.

(c)

The clerk shall set the matter for hearing before the city council within 30 days of the date of filing the appeal. The subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the city council's hearing. Where applicable, notice shall be given in a manner set forth in section 9.73.070(b).

(d)

The city council may affirm, reverse or modify any recommendations or rulings of the planning commission and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the city council need not limit its review to those specific conditions, but may review the whole action taken by the planning commission. The decision of the city council shall be final.

(e)

An appeal, once filed, may be withdrawn only with the consent of the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)