61 - Tentative Map Filing and Processing
This Article establishes requirements for the preparation, filing, approval or disapproval of Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps consistent with the requirements of the Map Act. For the purposes of this Chapter, the term "Tentative Map" shall refer to Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
General content requirements. Each Tentative Map shall be prepared in a manner acceptable to the Department and shall be prepared by a licensed land surveyor or State-registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets which shall all be of equal size and shall not exceed 36 inches along any side. The scale of the map shall be one inch equals 100 feet or larger. The City Engineer may approve the use of another scale or sheet size if warranted due to the size of the property. The number of copies of the Tentative Map to be submitted shall be as specified by the Director.
B.
Waiver of content requirements. The Director may waive or modify items required in this Section, with the concurrence of the City Engineer, if the items are found to pertain to conditions unaffected by the proposed subdivision or to be adequately available in existing records of the City.
C.
Specific Tentative Map content requirements. Each Tentative Map shall contain the following information, in addition to any other requirements of the General Plan or this Development Code:
1.
General information:
a.
Map number;
b.
Name, address, and telephone number of subdivider;
c.
Name and address of owner;
d.
North arrow and scale of map;
e.
Name, address, and telephone number of person preparing the map;
f.
Date map was prepared;
g.
Registered Civil Engineer or Licensed Land Surveyor signature and seal;
h.
Area of the subdivision, both as total area and as area excluding existing right(s)-of-way(s); and
i.
General Plan designation, existing zoning of property, and proposed land use.
2.
Vicinity information:
a.
A vicinity or area map, located on the Tentative Map, at a scale of one inch equals 500 feet, or as otherwise approved by the Director of Environmental Services, showing only the existing major street pattern and major watercourses and flood control channels within one-half mile of exterior boundaries of the subdivision;
b.
All boundary lines of the subdivision with approximate bearing and distances described with any identifying tree row, dikes or channels;
c.
Existing buildings or structures identified by use, including those within 100 feet of the tract boundary;
d.
Adjoining property lines and land uses, including adjacent subdivision map numbers, if any; and
e.
Location of existing trees, and proposed tree removals.
3.
Topographic information:
a.
Topography, including: one foot contour lines where slope is less than five percent; two-foot contour lines where slope is between five percent and 10 percent; five-foot contour lines where the slope is between 10 percent and 20 percent; and 10-foot contour lines where the slope is greater than 20 percent. Every fifth contour shall be clearly labeled and indicated so as to be distinctive. Contour lines shall extend a minimum of 100 feet beyond the tract boundary. Topographic mapping shall include any significant features which can materially affect the design of the subdivision, including, but not limited to, structures, fences, walls and utility poles. Source and date of existing contours shall be included;
b.
Delineate all natural slopes which equal or exceed a 20 percent gradient by a dashed line and label "20 percent slope";
c.
Pad elevation and drainage pattern of each lot;
d.
Tops and toes of all manufactured slopes, including all daylight lines;
e.
Estimated quantities of cut and fill material in cubic yards; and
f.
Existing and proposed retaining wall locations and heights.
4.
Site access and circulation information:
a.
Existing and proposed street alignments, cross-section, and rights-of-way widths;
b.
Existing and future adjacent and connecting street alignments including rights-of-way widths;
c.
Proposed street grades;
d.
Centerline radii of street curves;
e.
The location and radii of the rights-of-way at all curb returns and cul-de-sacs;
f.
The width and location of all necessary and approved offsite access from the proposed subdivision onto the nearest public street; and
g.
Street names on all existing streets within, fronting, or adjacent to the proposed subdivision. Proposed public or private streets shall be designated as such and those not officially named should be shown as "A" Street, "B" Street, or "C" Road, unless a current listing of desired names has been approved for said Tentative Tract.
5.
Utilities information:
a.
Names and addresses of all operators of proposed subdivision utility systems;
b.
All watercourses, storm drainage easements, utility facilities, wells, and Special Flood Hazard Areas which are subject to inundation or stormwater overflow in accordance with current Federal Emergency Management Agency Maps;
c.
Preliminary plan of offsite drainage channels and any other drainage devices;
d.
Approximate location of all existing and proposed public and private easements and easements to be abandoned pursuant to Section 66499.20 1/2 of the State Subdivision Map Act;
e.
Location and size of existing and proposed water, sewer, and storm drain lines with their approximate slope, connection point, and elevation; and
f.
Method of collection and disposal of stormwater run-off, including detention facility location and storage volume.
6.
Lot information:
a.
Minimum, maximum, and average lot sizes within the subdivision;
b.
Any remainder of the original parcel, provided that such may be indicated by deed reference to the existing record boundaries if the remainder has an area of five acres or more;
c.
Total number of lots proposed;
d.
Lot lines, dimensions, and identifying number or letter;
e.
If phasing is proposed, show all phase boundaries and the number of each phase; and
f.
The location of each lot boring shall be shown on the exhibit attached to the preliminary geotechnical report described in Subsection (7)(j).
7.
Documentation:
a.
A signed statement by all owners in fee simple estate, or authorized agents thereof, consenting to the subdivision of the parcel(s) involved;
b.
A legal description of the land within the proposed subdivision;
c.
The disposition to be made of all existing structures, tree rows, and other significant vegetation and natural features, wells, tanks, irrigation facilities and public utility lines;
d.
A description of the proposed method and plan of sewage disposal. Whenever the method of sewage disposal proposed is other than by a public sewage disposal system, a soil evaluation report or geologic report, acceptable to the Ventura County Environmental Health Division, indicating that individual sewage disposal systems will function properly, shall also be submitted. A public sewage system is a sewage disposal system directly controlled by public authority;
e.
A certification by the applicant, supported by a preliminary title report, that 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;
f.
Documents required to comply with the Mature Tree Preservation Ordinance;
g.
A list of all proposed deviations to City standards for map, street and storm drainage design, together with justification for each;
h.
A preliminary drainage report describing the proposed method and plan of stormwater disposal (the plan including location of storm drain lines, detention facilities, inlets and ultimate outlet may be shown on the Tentative Map) prepared by a State registered civil engineer. The drainage report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development; drainage areas, major watercourses, quantity of stormwater and patterns, diversions and collection systems. Special Flood Hazard Areas as shown on the applicable FEMA maps shall be delineated on the Tentative Map. All development shall comply with the City's Flood Damage Prevention Ordinance (SVMC Section 7-5.101 et seq.);
i.
The disclosure of all proposed mitigation measures recommended by any applicable environmental document, with a statement of how the measures will be incorporated within the project;
j.
A geotechnical (soils) report, prepared by a geotechnical engineer or engineering geologist, registered in this State, per the City's Geotechnical Guidelines, shall be required for use in evaluating and reporting the impact that the subdivision may have upon the environment.
(1)
The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation of onsite sewage disposal, if proposed. A liquefaction report shall also be required in areas of high groundwater as determined by the City Engineer. The City Engineer may require that the soils report address additional issues deemed pertinent by him or her.
(2)
The soils report requirement may be waived if the City Engineer determines that sufficient and adequate soils information exists in the City records regarding the subdivision and therefore no preliminary analysis is necessary.
(3)
If the City Engineer has knowledge of, or the soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil or geotechnical engineer or engineering geologist, registered in this State, who may recommend that a structural engineer specify corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where the soils problems exist. Each Building Permit shall require that the approved recommended action be incorporated into the construction.
(4)
An engineering geology evaluation, defining geologic conditions of the site, shall be submitted for all hillside or other geologically hazardous areas. The geologic evaluation shall state whether the proposed plan is feasible and shall provide general solutions for all known hazardous conditions or problems. The evaluation report shall point out specific areas where development may create hazardous conditions. The engineering geology evaluation requirements may be waived if the City Engineer finds that, due to the knowledge of the subdivision area, no engineering geology evaluation is necessary.
(5)
The geotechnical report shall designate a suitable building site for each lot which is safe from settlement, landsliding, mudsliding, seismic, and flood hazards and which has reasonable access thereto as determined by the City Engineer;
k.
Offsite private street easements. Offsite easements allowing applicable governmental agencies which provide for the public safety, health, and welfare, access on all private streets, or lanes serving as access for more than two parcels, shall be offered for dedication to the City, or other appropriate agency, not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete; and
l.
Other offsite easements. All other offsite easements for public use required as a condition for approval of the Tentative Map for the proposed subdivision shall be offered for dedication to the City or other appropriate agency not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete.
D.
Additional information to be contained on Vesting Tentative Maps. A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in this Article for Tentative Maps, except as provided below:
1.
At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map"; and
2.
At the time a Vesting Tentative Map is filed, the application shall include the following supplemental information unless deemed not applicable by the Director and the City Engineer, on the Vesting Map or additional sheet(s), (whichever is applicable):
a.
Locations and dimensions of proposed bicycle, pedestrian and equestrian paths;
b.
Proposed off-street parking, including the location, number of stalls, dimensions, and circulation pattern;
c.
Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses;
d.
Areas proposed for any other uses to be established within the project;
e.
Proposed location and elevations of buildings on lands, including dimensions, the size of structure, height, setback, materials and yard areas;
f.
Proposed landscaping, walls, fencing, screening, trash collection areas, and usable open space areas;
g.
If phasing is proposed, a construction schedule for the offsite improvements to be associated with each phase; the total number of acres in the proposed project and the number and percent thereof designated for various uses; and the number of dwelling units proposed, by type of dwelling unit, for each phase;
h.
A grading plan with information as required by the City Engineer; and
i.
Such additional information as may be required by the Director of Environmental Services, City Engineer or Planning Commission.
E.
Additional information required for phased (multiple) Final Maps. A Tentative Map shall include a statement of intent to record phased Final Maps, if such are desired. Prior to the time of Tentative Map approval and prior to the drafting of conditions of approval, a phasing plan shall be provided which delineates the proposed phased Final Map boundaries and which shows, to the satisfaction of the City Engineer, the logical and orderly development of the whole subdivision by phases, such that each phase shall be functionally self-sufficient. The phasing of a subdivision shall not be approved thereafter except by the processing of a new Tentative Map.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
General filing and processing requirements. Each Tentative Map and accompanying information required by Section 9-61.020 shall be filed with the Department. When the required number of copies of a Tentative Map and accompanying reports (including required environmental reports) have been accepted for filing by the Department, copies shall be forwarded to other agencies for review in compliance with Map Act Chapter 3, Article 3.
B.
Map numbers. Map numbers for subdivisions requiring the preparation of a Parcel Map shall be obtained from the Department. Map numbers for subdivisions requiring the preparation of a Final Map shall be obtained from the Ventura County Surveyor. Multiple Final Maps shall have a separate phase number appended to the map number.
C.
Environmental review. No map filed in compliance with this Chapter shall be approved until an environmental assessment is prepared, processed and considered in compliance with the California Environmental Quality Act (CEQA). The subdivider shall provide the data and information and deposit and pay the fees as may be required to reimburse the City for the costs associated with the preparation and processing of environmental documents as specified by the City Schedule of Service Charges.
D.
Determination of completeness. A Tentative Map application shall not be deemed complete until all reviewing departments and agencies have so stated. Time limits shall comply with Permit Streamlining Act (Section 65920 et seq.).
E.
Time of filing. For the limited purpose of commencing the time periods identified in Map Act Section 66452.1 and this Chapter for the reporting or acting upon Tentative Maps, a Tentative Map shall be deemed to be "filed" with the Advisory Agency when all reviewing departments and agencies have deemed the application complete.
(§ 5, Ord. 1085, eff. January 6, 2006)
Any staff report or recommendations to the Director on a Tentative Parcel Map, to the Commission on a Tentative Parcel Map or Tentative Tract Map, or to the Commission and Council on a Vesting Tentative Map shall be provided to the subdivider at least three days before any hearing or action on the map. In the case of a proposed conversion of real property to a condominium, community apartment, or stock cooperative project, the staff report shall be provided to each tenant of the subject property at least three days before any hearing or action on the map, in addition to the subdivider.
(§ 5, Ord. 1085, eff. January 6, 2006)
The Advisory Agency shall conduct a public hearing on a Tentative Map and take action as follows:
A.
Advisory Agency responsibilities.
1.
Tentative Parcel Map. The Director shall constitute the Advisory Agency for a Tentative Parcel Map.
2.
Tentative Tract Map. The Commission shall constitute the Advisory Agency for a subdivision that involves the preparation of a Tentative Tract Map.
3.
Vesting Tentative Map. The Council shall be the Advisory Agency for a subdivision that involves a Vesting Tentative Map; provided that the Commission shall review each application for a Vesting Tentative Map and any concurrent discretionary permits, and forward a recommendation to the Council.
B.
Action on Tentative Map by Advisory Agency. Each Advisory Agency identified in Subsection A shall comply with the following requirements.
1.
Actions required. Within the time limits specified by Subsection (B)(3), the Advisory Agency shall hold a public hearing on the map, make all of the findings required by this Chapter and the Map Act in writing, and shall approve, conditionally approve, or disapprove the Tentative Map, and shall report the action in writing to the subdivider.
2.
Application of standards. In determining to approve or disapprove a Tentative Map, the Advisory Agency shall apply City ordinances, policies, and standards in compliance with Map Act Section 66474.2.
3.
Time limits. The actions required by Subsection (B)(1) shall be completed within the time limits required by Map Act Sections 66452.1 and 66452.2.
(§ 5, Ord. 1085, eff. January 6, 2006)
A Tentative Map shall be denied by the Advisory Agency if any of the findings are made requiring denial pursuant to Map Act Sections 66473.5, 66474, 66474.4 or 66474.6.
(§ 5, Ord. 1085, eff. January 6, 2006)
Along with the approval of a Tentative Map, the Advisory Agency shall adopt conditions of approval in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act and shall meet the required nexus relationship.
A.
Mandatory conditions. The Commission shall adopt conditions of approval that will:
1.
Require that parcels, easements, or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, 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;
2.
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;
3.
State the specific requirements of Chapter 9-64 (Subdivision Design and Improvement Requirements) that pertain to the project under consideration;
4.
Secure compliance with the requirements of this Development Code and the General Plan;
5.
Require that any designated remainder parcels not be subsequently sold or further subdivided unless a Conditional Certificate of Compliance (Section 9-63.020) is obtained in compliance with the State Subdivision Map Act; and
6.
Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), and school sites, in compliance with Map Act Chapter 4, Article 3, so as to be consistent with the General Plan.
B.
Optional conditions. The Commission may also require as conditions of approval:
1.
The waiver of direct access rights to any existing or proposed streets;
2.
The reservation of sites for public facilities, including schools, fire stations, libraries, and other public uses in compliance with Government Code Section 66480;
3.
Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and
4.
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.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Appeal. An appeal of any decision in compliance with this Chapter shall also comply with Map Act Section 66452.5, and Chapter 9-76 (Appeals).
B.
Effective date of approval. The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Advisory Agency.
(§ 5, Ord. 1085, eff. January 6, 2006)
The Director shall require a new Tentative Map application for all modifications which do not substantially comply with the approved Tentative Map, and a new map number shall be assigned to the new application. Substantial compliance shall be determined by the City Engineer. The decision may be appealed in compliance with Map Act Section 66452.5, and Chapter 9-76 (Appeals).
(§ 5, Ord. 1085, eff. January 6, 2006)
After approval of a Tentative Map, the subdivider shall:
A.
Proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map;
B.
Where applicable, shall prepare, file, and receive approval of all improvement plans in compliance with Chapter 9-64 (Subdivision Design and Improvement Requirements), before constructing any required improvements; and
C.
Shall prepare, file with the City, and receive the approval of a Parcel Map or Final Map, as applicable, in compliance with Chapter 9-62 (Parcel Maps and Final Maps).
(§ 5, Ord. 1085, eff. January 6, 2006)
The approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in compliance with Map Act Chapter 4.5 (Development Rights).
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Expiration. The approval or conditional approval of a Tentative Map, or Vesting Tentative Map, or phases thereof, shall expire 36 months from the date the map was approved or conditionally approved. Failure to cause a timely filing in compliance with Map Act Section 66452.6(d) or 66463.5(b) with the City within 36 months after approval shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new Tentative Map or Vesting Tentative Map. The subdivider shall be responsible for keeping a record as to when a map will expire.
B.
Extension of map approval. The extension of a Tentative Map or Vesting Tentative Map shall comply with Map Act Section 66452.6 or 66463.5, as applicable. Any extension of a Tentative Map or Vesting Tentative Map approval or conditional approval shall not exceed an aggregate of five years.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008)
61 - Tentative Map Filing and Processing
This Article establishes requirements for the preparation, filing, approval or disapproval of Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps consistent with the requirements of the Map Act. For the purposes of this Chapter, the term "Tentative Map" shall refer to Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
General content requirements. Each Tentative Map shall be prepared in a manner acceptable to the Department and shall be prepared by a licensed land surveyor or State-registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets which shall all be of equal size and shall not exceed 36 inches along any side. The scale of the map shall be one inch equals 100 feet or larger. The City Engineer may approve the use of another scale or sheet size if warranted due to the size of the property. The number of copies of the Tentative Map to be submitted shall be as specified by the Director.
B.
Waiver of content requirements. The Director may waive or modify items required in this Section, with the concurrence of the City Engineer, if the items are found to pertain to conditions unaffected by the proposed subdivision or to be adequately available in existing records of the City.
C.
Specific Tentative Map content requirements. Each Tentative Map shall contain the following information, in addition to any other requirements of the General Plan or this Development Code:
1.
General information:
a.
Map number;
b.
Name, address, and telephone number of subdivider;
c.
Name and address of owner;
d.
North arrow and scale of map;
e.
Name, address, and telephone number of person preparing the map;
f.
Date map was prepared;
g.
Registered Civil Engineer or Licensed Land Surveyor signature and seal;
h.
Area of the subdivision, both as total area and as area excluding existing right(s)-of-way(s); and
i.
General Plan designation, existing zoning of property, and proposed land use.
2.
Vicinity information:
a.
A vicinity or area map, located on the Tentative Map, at a scale of one inch equals 500 feet, or as otherwise approved by the Director of Environmental Services, showing only the existing major street pattern and major watercourses and flood control channels within one-half mile of exterior boundaries of the subdivision;
b.
All boundary lines of the subdivision with approximate bearing and distances described with any identifying tree row, dikes or channels;
c.
Existing buildings or structures identified by use, including those within 100 feet of the tract boundary;
d.
Adjoining property lines and land uses, including adjacent subdivision map numbers, if any; and
e.
Location of existing trees, and proposed tree removals.
3.
Topographic information:
a.
Topography, including: one foot contour lines where slope is less than five percent; two-foot contour lines where slope is between five percent and 10 percent; five-foot contour lines where the slope is between 10 percent and 20 percent; and 10-foot contour lines where the slope is greater than 20 percent. Every fifth contour shall be clearly labeled and indicated so as to be distinctive. Contour lines shall extend a minimum of 100 feet beyond the tract boundary. Topographic mapping shall include any significant features which can materially affect the design of the subdivision, including, but not limited to, structures, fences, walls and utility poles. Source and date of existing contours shall be included;
b.
Delineate all natural slopes which equal or exceed a 20 percent gradient by a dashed line and label "20 percent slope";
c.
Pad elevation and drainage pattern of each lot;
d.
Tops and toes of all manufactured slopes, including all daylight lines;
e.
Estimated quantities of cut and fill material in cubic yards; and
f.
Existing and proposed retaining wall locations and heights.
4.
Site access and circulation information:
a.
Existing and proposed street alignments, cross-section, and rights-of-way widths;
b.
Existing and future adjacent and connecting street alignments including rights-of-way widths;
c.
Proposed street grades;
d.
Centerline radii of street curves;
e.
The location and radii of the rights-of-way at all curb returns and cul-de-sacs;
f.
The width and location of all necessary and approved offsite access from the proposed subdivision onto the nearest public street; and
g.
Street names on all existing streets within, fronting, or adjacent to the proposed subdivision. Proposed public or private streets shall be designated as such and those not officially named should be shown as "A" Street, "B" Street, or "C" Road, unless a current listing of desired names has been approved for said Tentative Tract.
5.
Utilities information:
a.
Names and addresses of all operators of proposed subdivision utility systems;
b.
All watercourses, storm drainage easements, utility facilities, wells, and Special Flood Hazard Areas which are subject to inundation or stormwater overflow in accordance with current Federal Emergency Management Agency Maps;
c.
Preliminary plan of offsite drainage channels and any other drainage devices;
d.
Approximate location of all existing and proposed public and private easements and easements to be abandoned pursuant to Section 66499.20 1/2 of the State Subdivision Map Act;
e.
Location and size of existing and proposed water, sewer, and storm drain lines with their approximate slope, connection point, and elevation; and
f.
Method of collection and disposal of stormwater run-off, including detention facility location and storage volume.
6.
Lot information:
a.
Minimum, maximum, and average lot sizes within the subdivision;
b.
Any remainder of the original parcel, provided that such may be indicated by deed reference to the existing record boundaries if the remainder has an area of five acres or more;
c.
Total number of lots proposed;
d.
Lot lines, dimensions, and identifying number or letter;
e.
If phasing is proposed, show all phase boundaries and the number of each phase; and
f.
The location of each lot boring shall be shown on the exhibit attached to the preliminary geotechnical report described in Subsection (7)(j).
7.
Documentation:
a.
A signed statement by all owners in fee simple estate, or authorized agents thereof, consenting to the subdivision of the parcel(s) involved;
b.
A legal description of the land within the proposed subdivision;
c.
The disposition to be made of all existing structures, tree rows, and other significant vegetation and natural features, wells, tanks, irrigation facilities and public utility lines;
d.
A description of the proposed method and plan of sewage disposal. Whenever the method of sewage disposal proposed is other than by a public sewage disposal system, a soil evaluation report or geologic report, acceptable to the Ventura County Environmental Health Division, indicating that individual sewage disposal systems will function properly, shall also be submitted. A public sewage system is a sewage disposal system directly controlled by public authority;
e.
A certification by the applicant, supported by a preliminary title report, that 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;
f.
Documents required to comply with the Mature Tree Preservation Ordinance;
g.
A list of all proposed deviations to City standards for map, street and storm drainage design, together with justification for each;
h.
A preliminary drainage report describing the proposed method and plan of stormwater disposal (the plan including location of storm drain lines, detention facilities, inlets and ultimate outlet may be shown on the Tentative Map) prepared by a State registered civil engineer. The drainage report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development; drainage areas, major watercourses, quantity of stormwater and patterns, diversions and collection systems. Special Flood Hazard Areas as shown on the applicable FEMA maps shall be delineated on the Tentative Map. All development shall comply with the City's Flood Damage Prevention Ordinance (SVMC Section 7-5.101 et seq.);
i.
The disclosure of all proposed mitigation measures recommended by any applicable environmental document, with a statement of how the measures will be incorporated within the project;
j.
A geotechnical (soils) report, prepared by a geotechnical engineer or engineering geologist, registered in this State, per the City's Geotechnical Guidelines, shall be required for use in evaluating and reporting the impact that the subdivision may have upon the environment.
(1)
The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation of onsite sewage disposal, if proposed. A liquefaction report shall also be required in areas of high groundwater as determined by the City Engineer. The City Engineer may require that the soils report address additional issues deemed pertinent by him or her.
(2)
The soils report requirement may be waived if the City Engineer determines that sufficient and adequate soils information exists in the City records regarding the subdivision and therefore no preliminary analysis is necessary.
(3)
If the City Engineer has knowledge of, or the soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil or geotechnical engineer or engineering geologist, registered in this State, who may recommend that a structural engineer specify corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where the soils problems exist. Each Building Permit shall require that the approved recommended action be incorporated into the construction.
(4)
An engineering geology evaluation, defining geologic conditions of the site, shall be submitted for all hillside or other geologically hazardous areas. The geologic evaluation shall state whether the proposed plan is feasible and shall provide general solutions for all known hazardous conditions or problems. The evaluation report shall point out specific areas where development may create hazardous conditions. The engineering geology evaluation requirements may be waived if the City Engineer finds that, due to the knowledge of the subdivision area, no engineering geology evaluation is necessary.
(5)
The geotechnical report shall designate a suitable building site for each lot which is safe from settlement, landsliding, mudsliding, seismic, and flood hazards and which has reasonable access thereto as determined by the City Engineer;
k.
Offsite private street easements. Offsite easements allowing applicable governmental agencies which provide for the public safety, health, and welfare, access on all private streets, or lanes serving as access for more than two parcels, shall be offered for dedication to the City, or other appropriate agency, not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete; and
l.
Other offsite easements. All other offsite easements for public use required as a condition for approval of the Tentative Map for the proposed subdivision shall be offered for dedication to the City or other appropriate agency not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete.
D.
Additional information to be contained on Vesting Tentative Maps. A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in this Article for Tentative Maps, except as provided below:
1.
At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map"; and
2.
At the time a Vesting Tentative Map is filed, the application shall include the following supplemental information unless deemed not applicable by the Director and the City Engineer, on the Vesting Map or additional sheet(s), (whichever is applicable):
a.
Locations and dimensions of proposed bicycle, pedestrian and equestrian paths;
b.
Proposed off-street parking, including the location, number of stalls, dimensions, and circulation pattern;
c.
Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses;
d.
Areas proposed for any other uses to be established within the project;
e.
Proposed location and elevations of buildings on lands, including dimensions, the size of structure, height, setback, materials and yard areas;
f.
Proposed landscaping, walls, fencing, screening, trash collection areas, and usable open space areas;
g.
If phasing is proposed, a construction schedule for the offsite improvements to be associated with each phase; the total number of acres in the proposed project and the number and percent thereof designated for various uses; and the number of dwelling units proposed, by type of dwelling unit, for each phase;
h.
A grading plan with information as required by the City Engineer; and
i.
Such additional information as may be required by the Director of Environmental Services, City Engineer or Planning Commission.
E.
Additional information required for phased (multiple) Final Maps. A Tentative Map shall include a statement of intent to record phased Final Maps, if such are desired. Prior to the time of Tentative Map approval and prior to the drafting of conditions of approval, a phasing plan shall be provided which delineates the proposed phased Final Map boundaries and which shows, to the satisfaction of the City Engineer, the logical and orderly development of the whole subdivision by phases, such that each phase shall be functionally self-sufficient. The phasing of a subdivision shall not be approved thereafter except by the processing of a new Tentative Map.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
General filing and processing requirements. Each Tentative Map and accompanying information required by Section 9-61.020 shall be filed with the Department. When the required number of copies of a Tentative Map and accompanying reports (including required environmental reports) have been accepted for filing by the Department, copies shall be forwarded to other agencies for review in compliance with Map Act Chapter 3, Article 3.
B.
Map numbers. Map numbers for subdivisions requiring the preparation of a Parcel Map shall be obtained from the Department. Map numbers for subdivisions requiring the preparation of a Final Map shall be obtained from the Ventura County Surveyor. Multiple Final Maps shall have a separate phase number appended to the map number.
C.
Environmental review. No map filed in compliance with this Chapter shall be approved until an environmental assessment is prepared, processed and considered in compliance with the California Environmental Quality Act (CEQA). The subdivider shall provide the data and information and deposit and pay the fees as may be required to reimburse the City for the costs associated with the preparation and processing of environmental documents as specified by the City Schedule of Service Charges.
D.
Determination of completeness. A Tentative Map application shall not be deemed complete until all reviewing departments and agencies have so stated. Time limits shall comply with Permit Streamlining Act (Section 65920 et seq.).
E.
Time of filing. For the limited purpose of commencing the time periods identified in Map Act Section 66452.1 and this Chapter for the reporting or acting upon Tentative Maps, a Tentative Map shall be deemed to be "filed" with the Advisory Agency when all reviewing departments and agencies have deemed the application complete.
(§ 5, Ord. 1085, eff. January 6, 2006)
Any staff report or recommendations to the Director on a Tentative Parcel Map, to the Commission on a Tentative Parcel Map or Tentative Tract Map, or to the Commission and Council on a Vesting Tentative Map shall be provided to the subdivider at least three days before any hearing or action on the map. In the case of a proposed conversion of real property to a condominium, community apartment, or stock cooperative project, the staff report shall be provided to each tenant of the subject property at least three days before any hearing or action on the map, in addition to the subdivider.
(§ 5, Ord. 1085, eff. January 6, 2006)
The Advisory Agency shall conduct a public hearing on a Tentative Map and take action as follows:
A.
Advisory Agency responsibilities.
1.
Tentative Parcel Map. The Director shall constitute the Advisory Agency for a Tentative Parcel Map.
2.
Tentative Tract Map. The Commission shall constitute the Advisory Agency for a subdivision that involves the preparation of a Tentative Tract Map.
3.
Vesting Tentative Map. The Council shall be the Advisory Agency for a subdivision that involves a Vesting Tentative Map; provided that the Commission shall review each application for a Vesting Tentative Map and any concurrent discretionary permits, and forward a recommendation to the Council.
B.
Action on Tentative Map by Advisory Agency. Each Advisory Agency identified in Subsection A shall comply with the following requirements.
1.
Actions required. Within the time limits specified by Subsection (B)(3), the Advisory Agency shall hold a public hearing on the map, make all of the findings required by this Chapter and the Map Act in writing, and shall approve, conditionally approve, or disapprove the Tentative Map, and shall report the action in writing to the subdivider.
2.
Application of standards. In determining to approve or disapprove a Tentative Map, the Advisory Agency shall apply City ordinances, policies, and standards in compliance with Map Act Section 66474.2.
3.
Time limits. The actions required by Subsection (B)(1) shall be completed within the time limits required by Map Act Sections 66452.1 and 66452.2.
(§ 5, Ord. 1085, eff. January 6, 2006)
A Tentative Map shall be denied by the Advisory Agency if any of the findings are made requiring denial pursuant to Map Act Sections 66473.5, 66474, 66474.4 or 66474.6.
(§ 5, Ord. 1085, eff. January 6, 2006)
Along with the approval of a Tentative Map, the Advisory Agency shall adopt conditions of approval in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act and shall meet the required nexus relationship.
A.
Mandatory conditions. The Commission shall adopt conditions of approval that will:
1.
Require that parcels, easements, or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, 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;
2.
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;
3.
State the specific requirements of Chapter 9-64 (Subdivision Design and Improvement Requirements) that pertain to the project under consideration;
4.
Secure compliance with the requirements of this Development Code and the General Plan;
5.
Require that any designated remainder parcels not be subsequently sold or further subdivided unless a Conditional Certificate of Compliance (Section 9-63.020) is obtained in compliance with the State Subdivision Map Act; and
6.
Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), and school sites, in compliance with Map Act Chapter 4, Article 3, so as to be consistent with the General Plan.
B.
Optional conditions. The Commission may also require as conditions of approval:
1.
The waiver of direct access rights to any existing or proposed streets;
2.
The reservation of sites for public facilities, including schools, fire stations, libraries, and other public uses in compliance with Government Code Section 66480;
3.
Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and
4.
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.
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Appeal. An appeal of any decision in compliance with this Chapter shall also comply with Map Act Section 66452.5, and Chapter 9-76 (Appeals).
B.
Effective date of approval. The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Advisory Agency.
(§ 5, Ord. 1085, eff. January 6, 2006)
The Director shall require a new Tentative Map application for all modifications which do not substantially comply with the approved Tentative Map, and a new map number shall be assigned to the new application. Substantial compliance shall be determined by the City Engineer. The decision may be appealed in compliance with Map Act Section 66452.5, and Chapter 9-76 (Appeals).
(§ 5, Ord. 1085, eff. January 6, 2006)
After approval of a Tentative Map, the subdivider shall:
A.
Proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map;
B.
Where applicable, shall prepare, file, and receive approval of all improvement plans in compliance with Chapter 9-64 (Subdivision Design and Improvement Requirements), before constructing any required improvements; and
C.
Shall prepare, file with the City, and receive the approval of a Parcel Map or Final Map, as applicable, in compliance with Chapter 9-62 (Parcel Maps and Final Maps).
(§ 5, Ord. 1085, eff. January 6, 2006)
The approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in compliance with Map Act Chapter 4.5 (Development Rights).
(§ 5, Ord. 1085, eff. January 6, 2006)
A.
Expiration. The approval or conditional approval of a Tentative Map, or Vesting Tentative Map, or phases thereof, shall expire 36 months from the date the map was approved or conditionally approved. Failure to cause a timely filing in compliance with Map Act Section 66452.6(d) or 66463.5(b) with the City within 36 months after approval shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new Tentative Map or Vesting Tentative Map. The subdivider shall be responsible for keeping a record as to when a map will expire.
B.
Extension of map approval. The extension of a Tentative Map or Vesting Tentative Map shall comply with Map Act Section 66452.6 or 66463.5, as applicable. Any extension of a Tentative Map or Vesting Tentative Map approval or conditional approval shall not exceed an aggregate of five years.
(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008)