This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the map act. (Ord. 242, 9-3-2013)

   A.   Submittal Requirements: When a tentative map is required by section 9.90.080, "Type Of Subdivision Approval Required", of this article 6, tentative map submittal shall include the application forms, all information and other materials prepared as required by the director, and a tentative map prepared in the format required by director.

   B.   Filing Of Phased Projects: If the subdivider wishes to file multiple parcel or final maps for a development project that will be phased, then one of the following shall first be completed:

      1.   The subdivider, at the time the tentative map is filed, shall inform the director of the subdivider's intention to file multiple parcel or final maps on the tentative map; or

      2.   After the filing of the tentative map, the department and the subdivider concur in the filing of multiple final maps.

      3.   A subdivider filing multiple parcel or final maps shall show the boundary limits of each phase and designate the sequence of filing for recordation of each phase to the satisfaction of the director. (Ord. 242, 9-3-2013)

   A.   General Filing And Processing Requirements: A tentative map application shall be submitted to the department for processing, and shall be:

      1.   Reviewed for completeness and accuracy;

      2.   Referred to affected agencies;

      3.   Reviewed in compliance with the California environmental quality act (CEQA) where applicable; and

      4.   Evaluated in compliance with section 9.91.040, "Staff Report And Recommendation", of this chapter.

   B.   Referral To Affected Agencies: The procedure provided by this subsection is in addition to the procedures in chapter 9.61, "Application Processing Procedures", of this title.

      1.   Required Referrals: The director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, San Bernardino County agencies and departments, cities, special districts, and local agencies, public utilities, and state agencies.

      2.   Anticipated Type Of Response: The agencies that receive a tentative map application are expected to respond to the director with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.

      3.   Time Limits For Referral And Response: As required by map act sections 66453 through 66455.7, referral shall occur within five (5) days of the tentative map application being determined to be complete. An agency wishing to respond to a referral shall provide the director with its recommendations within fifteen (15) days after receiving the tentative map application.

   C.   Environmental Review:

      1.   The director, upon receipt of a tentative map application, shall conduct an environmental analysis, in compliance with the California environmental quality act.

      2.   If an environmental determination is required, the application for tentative map approval shall not be considered complete until certification of an environmental impact report, adoption of a negative declaration, or determination by the local agency that the project is an exempt project under the California environmental quality act. (Ord. 242, 9-3-2013)

   A.   Director Shall Prepare Evaluation: The director shall prepare an evaluation in compliance with Government Code section 66452.3 describing the conclusions of the tentative map application review.

   B.   Mailing Of Copies Of Evaluation: Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a residential condominium conversion) at least three (3) days before any hearing or action on the tentative map by the review authority in compliance with chapter 9.85, "Public Notices And Hearings", of this title.

      1.   Town Department Evaluations And Recommendations: Wherever possible, the evaluations and recommendations of the town departments shall be presented to the director.

      2.   Required Action In The Case Of Waste Discharge Violations: The town engineer shall advise the director as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California regional water quality control board in compliance with Water Code section 13000 et seq. (Ord. 242, 9-3-2013)

   A.   Applicable Review Authority: The applicable review authority is set forth in section 9.90.070, table 6-1 of this article 6.

   B.   Scheduling Of Review Authority's Action: The review authority shall approve, conditionally approve, or deny a tentative parcel or tract map application within fifty (50) days from the date of adoption by the lead agency of a negative declaration, mitigated negative declaration, determination that the project is exempt from CEQA, or certification of the final environmental impact report.

   C.   Notice And Public Hearing Required:

      1.   The review authority shall hold a noticed public hearing on a tentative parcel or tract map.

      2.   Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Government Code section 66410 et seq., and chapter 9.85, "Public Notices And Hearings", of this title.

   D.   Review Authority's Action Is Conclusive: In the absence of a timely filed written appeal in compliance with chapter 9.81, "Appeals", of this title, the decision of the review authority shall be final and conclusive. (Ord. 242, 9-3-2013)

In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority shall first make the findings required by this section. In determining whether to approve a tentative map, the town shall apply only the ordinances, policies, and standards in effect on the date the director determined that the application was complete in compliance with section 9.91.030, "Tentative Map Filing", of this chapter, except where the town has initiated general plan, specific plan, area plan or development code changes, and provided public notice as required by map act section 66474.2.

   A.   Required Findings For Approval:

      1.   Mandatory Findings: The review authority shall approve a tentative parcel or tract map only after first making all of the following findings, as required by Government Code sections 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel specified as a designated remainder in compliance with Government Code section 66424.6.

         a.   The proposed map, subdivision design, and improvements are consistent with the general plan, any applicable specific plan, and this article 6;

         b.   The site is physically suitable for the type and proposed density of development;

         c.   The design of the subdivision and the proposed improvements are not 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 not likely to cause serious public health or safety problems;

         e.   The design of the subdivision or 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.

            (1)   This finding may also 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.

            (2)   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.

         f.   The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and

         g.   The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of this development code and the regulations of any public agency having jurisdiction by law.

         h.   The discharge of waste from the proposed subdivision into an existing community sewer system will not result in the violation of existing requirements prescribed by the California regional water quality control board in compliance with Water Code section 13000 et seq.

      2.   Additional Specific Findings: Additional specific findings shall be made by the review authority before approval or conditional approval of a tentative parcel or tract map, as applicable to the application, such as if the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Government Code sections 66427.1(a) and 66452 before approving the proposed subdivision.

      3.   Findings Under An EIR: Notwithstanding the finding required by subsection A1c of this section, the review authority may approve a tentative map, or a parcel map for which a tentative map was not required, if an environmental impact report (EIR) was prepared for the project and a finding is made in compliance with Public Resources Code section 21081 subdivision (a) paragraph (3), that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.

   B.   Supplemental Findings: In addition to the findings specified in subsection A of this section, the review authority shall not approve a tentative parcel or tract map unless it can also make the following findings, when they are applicable to the specific subdivision proposal:

      1.   Construction Of Improvements: In the case of a tentative map for a subdivision that will require a subsequent parcel map, the construction of improvements for the subdivision within a specified time after the recordation of the parcel map 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.

      2.   Waiver Of Parcel Map: The findings required by section 9.92.020, "Waiver Of Parcel Map", of this article 6, if waiver of a parcel map has been requested with the tentative map application.

   C.   Time Limits: The time limits for acting and reporting on tentative parcel or tract maps and appeals, as specified in this article 6 and by the act, may be extended by mutual consent of the subdivider and the review authority.

   D.   Appeals: The subdivider or any interested person adversely affected by a decision of the review authority with respect to a tentative parcel or tract map may appeal, in compliance with the applicable appeals procedures specified in Government Code section 66452.5, chapter 9.81, "Appeals", of this title, and as follows:

      1.   If the commission is the review authority, then the appeal shall be to the council which is established as the appeals board;

      2.   If the review authority is not the commission, then the first appeal shall be to the commission. The commission's decision may be appealed to the council. (Ord. 242, 9-3-2013)

Along with the approval of a tentative map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this development code, including conditions regarding the matters described in subsection A of this section; provided, that all conditions shall be consistent with the requirements of the map act.

   A.   Dedications And Improvements:

      1.   As a condition of approval of a map of five (5) or more parcels, the town may require dedications and improvements as necessary to ensure that the parcels to be created:

         a.   Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

         b.   Are of adequate design in all respects in compliance with this development code;

         c.   Act to mitigate any potential environmental impacts specified in the environmental impact report (EIR) or by other means; and

         d.   Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off site property.

      2.   All improvements shall comply with adopted town standards.

   B.   Access:

      1.   Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right of way of a width as established by the town's circulation element, or shall be ensured of access to the town road system by an approved access which connects a parcel(s) to a maintained public street or state highway.

      2.   Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

      3.   Road easements of record established before the effective date of this article 6 shall be recognized as legal access to each parcel of the proposed subdivision.

      4.   Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.

   C.   Conditions Modifying Subdivision Design; Time For Compliance: When modifications in design require a change in the conditions of approval of a tentative parcel map or tentative tract map, the subdivider shall, at least thirty (30) days before the submission of a final map, submit the appropriate number of copies of the tentative map as modified to the director for review for confirmation by the town engineer. (Ord. 242, 9-3-2013)

The approval of a tentative map shall become effective for the purposes of filing a final tract or parcel map, in accordance with chapter 9.86, "Time Limitations And Time Extensions", of this title. (Ord. 242, 9-3-2013)

   A.   Effect Of Approval On Prior Approvals: The approval or conditional approval by the review authority of any revised or new parcel map or tentative map shall annul all previous subdivision designs and approvals for the same site.

   B.   Compliance With Conditions, Improvement Plans: After approval of a tentative parcel map or tentative tract map in compliance with this article 6, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with chapter 9.95, "Subdivision Design And Improvement Requirements", of this article 6, before constructing any required improvements.

   C.   Parcel Or Final Map Preparation, Filing, And Recordation:

      1.   A parcel map for a subdivision of four (4) or fewer parcels shall be prepared, filed, processed, and recorded in compliance with chapter 9.92, "Parcel Maps And Final Maps", of this article 6, to complete the subdivision, unless a parcel map has been waived in compliance with section 9.92.020, "Waiver Of Parcel Map", of this article 6.

      2.   A final map for a subdivision of five (5) or more parcels shall be prepared, filed, processed, and recorded in compliance with chapter 9.92, "Parcel Maps And Final Maps", of this article 6, to complete the subdivision.

      3.   Project phasing and the filing of multiple parcel or final maps shall be in compliance with this chapter. (Ord. 242, 9-3-2013)

   A.   Purpose: The purpose of this section is to establish procedures necessary for the implementation of the provisions of Government Code section 66452 relating to vesting tentative maps, vested parcel maps, or tentative tract maps.

   B.   Application Filing:

      1.   Whenever a provision of the act or this chapter requires the filing of a tentative parcel or tract map, a vesting tentative map may instead be filed.

      2.   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 is required of tentative maps in compliance with this chapter, except as otherwise provided in this section.

      3.   At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map".

      4.   At the time a vesting tentative map is filed a subdivider shall also supply all of the following information:

         a.   The height, location, and size of all existing and proposed structures.

         b.   Detailed information on the use(s) of the existing and proposed structures.

         c.   Architectural plans for tract development or design guidelines for custom subdivisions.

         d.   Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the town to determine future circulation needs.

         e.   Detailed grading plans.

         f.   Flood control information.

         g.   Hazardous materials - level 1 study.

         h.   Road, sewer, stormwater, and water details.

         i.   Soils report.

         j.   Any other studies the director and/or town engineer may require to thoroughly evaluate the project.

         k.   The director may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.

   C.   Expiration: The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the act and/or this chapter for the expiration of approved or conditionally approved tentative maps.

   D.   Vesting On Approval Of Vesting Tentative Map:

      1.   The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code section 66474.2.

      2.   However, if Government Code section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.

      3.   Notwithstanding subsection D1 of this section, the review authority may condition or deny a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:

         a.   A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

         b.   The condition or denial is required in order to comply with state or federal law.

      4.   The review authority may alter any condition(s) of a vesting tentative map through an amendment in compliance with section 9.91.120, "Amendments To Approved Tentative Maps And Conditions", of this chapter in order to protect against conditions dangerous to public health and safety or to comply with state or federal law.

   E.   Expiration Of Vested Rights:

      1.   The vested rights referred to in this section shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the act.

      2.   If the final map is approved, the vested rights shall last for the following periods of time:

         a.   An initial time period of twenty four (24) months.

         b.   A subdivider may apply for a twelve (12) month extension thirty (30) days before expiration in compliance with subsection C, "Expiration", of this section.

         c.   If the extension is denied, the subdivider may appeal that denial within ten (10) calendar days after the denial, in compliance with chapter 9.81, "Appeals", of this title. (Ord. 242, 9-3-2013)

   A.   Valid Time Frame: An approved tentative parcel or tract map is valid for twenty four (24) months after its effective date, except as otherwise provided by Government Code section 66452.6, which, under specified circumstances, allows for a tentative map to be deemed valid for thirty six (36) months unless otherwise extended in accordance with the provisions of this article 6 and the act.

   B.   Expiration Of An Approved Map:

      1.   Expiration of an approved tentative parcel or tract map or vesting tentative map shall terminate all proceedings.

      2.   The application shall not be reactivated unless a new tentative parcel or tract map application is filed in compliance with this article 6.

   C.   Filing Of Extension Request:

      1.   The time limits for acting on maps and associated appeals, as specified in this article 6 and Government Code section 66410 et seq., may be extended by mutual consent of the subdivider and the applicable review authority.

      2.   An extension request shall be in writing and shall be filed with the director not less than thirty (30) days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the planning fee schedule.

   D.   Approval Of First Extension - Director: The director may grant one 12-month extension to the initial time limit, only after first finding all of the following:

      1.   There have been no changes to the provisions of the general plan, any applicable specific plan, or this development code applicable to the project since the approval of the tentative parcel or tract map;

      2.   There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan, any applicable specific plan, or other standards of this development code apply to the project; and

      3.   There have been no changes to the capacities of community resources, including, but not limited to, roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.

   E.   Additional Extensions - Commission:

      1.   The commission may grant additional extensions to the initial time limit, only after first making all of the findings specified in subsection D of this section.

      2.   The aggregate period of time for all extensions shall not exceed the maximum limits specified in Government Code sections 66452.6 and 66463.5.

   F.   Appeal Of Decision: If the tentative map extension request is denied, the subdivider may appeal the denial within ten (10) calendar days after the effective date of the denial of the extension in compliance with chapter 9.81, "Appeals", of this title.

   G.   Filing Of A Lawsuit:

      1.   If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative parcel or tract map, the subdivider may apply to the town within ten (10) days of the service of the initial petition or complaint upon the town for a stay of the time in which a tentative parcel or tract map will expire.

      2.   Within forty (40) days after receiving the request, the director shall stay the map's expiration date until final conclusion of the action, if the director determines that the action affects the validity of the tentative parcel or tract map approval. (Ord. 242, 9-3-2013)

   A.   Minor Amendments To Approved Tentative Maps - Director: A subdivider may request amendments to an approved tentative parcel or tract map or its conditions of approval before recordation of a final map in compliance with this section. Amendments to a parcel or final map after recordation are subject to section 9.92.080, "Correction And Amendment Of Recorded Maps", of this article 6.

   B.   Minor Amendments Defined: Minor amendments to a tentative parcel or tract map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed parcel lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by subsection G, "Required Findings For Approval", of this section.

   C.   Amendments Other Than Minor Amendments: All proposed amendments not covered by this section shall require the filing and processing of a new tentative parcel or tract map in compliance with this chapter.

   D.   Application For Amendments: The subdivider shall file an application and filing fee, in compliance with the planning fee schedule, with the department, using the forms furnished by the director, together with the following additional information:

      1.   A statement identifying the tentative parcel or tract 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

      2.   Any additional information deemed appropriate by the director.

   E.   Processing Of Application: Proposed amendments to a tentative parcel or tract map or conditions of approval shall be processed using the same procedures as the original tentative parcel or tract map, except as otherwise provided by this section.

   F.   Review Authority: The director shall be the review authority for reviewing and either approving or denying minor amendments to approved tentative maps.

   G.   Required Findings For Approval: The director may approve amendments to an approved tentative parcel or tract map or its conditions of approval if the director first finds all of the following findings to be true, and that all of the applicable findings for approval required by subsections 9.91.060A and B of this chapter, can still be made:

      1.   No parcels are added, or substantially altered;

      2.   No proposed structure locations are substantially altered;

      3.   The amendments are consistent with the intent and spirit of the original tentative parcel or tract map approval; and

      4.   There are no resulting violations of this article 6, the act, or other applicable laws.

   H.   Effect Of Amendments On Time Limits: Approved amendments to a tentative parcel or tract map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by section 9.91.110, "Tentative Map Expiration And Extensions", of this chapter, nor extend any right(s) in compliance with a vesting tentative map.

   I.   Recording Of Amendments: Minor amendments shall be indicated on the approved map and certified by the director. (Ord. 242, 9-3-2013)