§ 16.20.070. Tentative parcel map.
A.
Applicability. A tentative and final parcel map shall be filed and recorded for any land division subject to the Subdivision Map Act for which a tentative and final tract map is not otherwise required or if any of the following conditions prevail:
1.
The land is divided into four or less parcels.
2.
The whole parcel before division contains less than five acres; each parcel created by the division abuts upon a maintained public street or highway; and no dedication or improvements are required for the division.
3.
Each parcel created by the division has a gross area of not less than twenty (20) acres and each parcel has an approved access to a maintained public street or highway.
4.
The land consists of a parcel or parcels of land having approved access to a public street or highway, is part of a tract of land zoned for industrial or commercial development, and is approved as to street alignment and width.
5.
Each parcel created by the division has a gross area of forty (40) acres or more, or is not less than a quarter of a quarter section.
6.
Parcel maps that are not in conjunction with rezoning or general plan amendment applications may be waived when requested by the applicant pursuant to Section 66428 of the Subdivision May Act for the following:
a.
Divisions of real property or interests therein created by eminent domain procedures, partition action, or other similar actions as determined by the city.
b.
Divisions of real property resulting from the conveyance of land or any interest therein to or from the city, public entities, or public utilities for a public purpose, such as school sites, public building sites, or right-of-way or easements for streets, sewers, utilities, drainage, or other public facilities.
c.
The decision to waive the parcel map requirement shall be made upon a finding that the proposed division of land complies with requirements as to lot area, physical improvement and design standards, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, utility installation, environmental protection, and other requirements of these regulations, other city ordinances, and the Subdivision Map Act.
d.
A parcel map waiver may be conditioned to provide for the payment of park land dedication and any other fees generally applied to subdivision projects.
e.
Such waiver automatically constitutes approval for the issuance of a certificate of compliance as specified in Section 66499.35 of the Subdivision Map Act. When the parcel map requirement has been waived, the city shall, within ninety (90) days and without further application and proceedings, file the certificate of compliance and a map exhibit showing the land division with the county recorder.
B.
Submittal and Review Requirements.
1.
Applications for tentative parcel maps shall contain the following:
a.
Completed planning application form and required fee and attachments (see also Section 16.12.030);
b.
Ten (10) copies of the tentative parcel map (folded to nine inches by twelve (12) inches size), prepared under the direction of and signed by a registered civil engineer or licensed land surveyor, and one eight and one-half inches by eleven (11) inches transparency of each sheet showing the following:
i.
The tentative parcel map number obtained from the county planning department,
ii.
Names, addresses, and telephone numbers of the record owner, applicant and person (and registration or license number) preparing the map,
iii.
North arrow, scale, date of preparation, and area (in square feet and acres) of the tentative parcel map, and the date of survey,
iv.
Boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to determine its position with respect to adjacent named or numbered subdivisions, if any,
v.
A general location map of the area to be subdivided showing its relation to existing main thoroughfares and the distance from the nearest public street center line to the boundary of the proposed subdivision,
vi.
Topographic information with a reference to the source of the information. Contour lines shall have the following intervals:
(A)
Two-foot contour interval for ground slope between level and ten (10) percent,
(B)
Five-foot contour interval for ground slope exceeding ten (10) percent.
Contours of adjacent land within one hundred (100) feet of the land division shall also be shown,
vii.
The lot layout, the approximate dimensions of each lot, number of each lot, total area in square footage or acreage to the nearest one-tenth acre of each lot, and the approximate finish grade where pads are proposed for building sites,
viii.
The approximate location and general description, including species and trunk and canopy diameter, of any trees over three inches in diameter at the trunk with notations as to their proposed retention or destruction; notations as to general type of vegetation in areas not occupied by trees.
ix.
The location and outline to scale of each building or structure within the land division and within ten (10) feet and the proposed disposition of such building or structure,
x.
The locations, widths, grades and names or designations of all existing and proposed streets, alleys, paths, and other rights-of-way, whether public or private, within and adjacent to the land divisions; private easements within and adjacent to the subdivisions; the radius of each centerline curve; a cross-section of each street; any planned line for street widening or for any other public project in and adjacent to the subdivision. Private streets shall be clearly indicated. The lettered designation of each proposed highway or street shall be shown on the tentative parcel map.
xi.
Width, approximate locations, and purposes of all existing or proposed easements or rights-of-way for drainage, sewers, flood control, or other public purposes, shown by dashed lines, within and adjacent to the land division (including proposed building setback lines, if known). Existing easements shall show the name of the easement holder, purpose of easement, and the legal reference for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the tentative map,
xii.
The location of existing or abandoned water wells, sumps, cesspools, sewers, culverts, springs, water impoundments, drain pipes, underground structures, or sand,. gravel, or other excavations within the subdivision and within two hundred (200) feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed or used,
xiii.
The location of existing or proposed surface easements, ground leases, or access agreements,
xiv.
The location, width and directions of the flow of all watercourses and flood-control areas within and adjacent to the property involved; the proposed method of providing storm water drainage and erosion control. In the event that such information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal,
xv.
All existing and proposed utilities, including size of water lines and the size and grade of sewer lines, locations of manholes, fire hydrants, street trees, and streetlights,
xvi.
The location of all potentially dangerous areas, including areas subject to inundation, landslide or settlement or excessive noise, and the means of mitigating the hazards,
xvii.
A layout of adjoining unsubdivided property in sufficient detail to show the effect of proposed streets that may intersect such property,
xviii.
The location of any previously filled areas within the subdivision,
xvix.
The designation of all remainder parcels,
xx.
The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the subdivisions. If land is to be offered for dedication for park or recreation purposes or for the purpose of providing public access to any public water, river or stream, it shall be so designated,
xxi.
Any exception being requested in accordance with the requirements of Section 16.20.050(A), clearly labeled and identified as to nature and purpose;
c.
The following supplemental drawings, statements and data shall accompany the tentative parcel map:
i.
Two copies of a preliminary title report, dated within the last six months,
ii.
Three copies of a flood hazard report if required by the city engineer,
iii.
Ten (10) copies of a preliminary grading plan,
iv.
A description of proposed public or commonly held areas, and draft open-space easement agreements, if applicable,
v.
Draft covenants, conditions and restrictions if they are integral to the development concept or propose atypical requirements,
vi.
A description of requested exceptions from land division design standards for such items as lot area and dimensions, street section, or utility easements,
vii.
Proposed building setbacks and yards if different from those in the zoning district applicable to the property. A variance is necessary for proposed setbacks less than those set forth in the zoning district,
viii.
An engineering geology report may be required in areas of landslide risks and in areas of liquefaction potential and subsidence potential as determined by the community development director or city engineer, or based on previous environmental documents. The engineering geology report shall include definite statements, conclusions, and recommendations concerning the following, as applicable:
(A)
Location of major geologic features,
(B)
Topography and drainage in the subject areas,
(C)
Distribution and general nature of rock and soils,
(D)
A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geological conditions,
(E)
An evaluation of existing and anticipated surface and subsurface water in relation to proposed development,
(F)
Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building,
(G)
Capability of soils and substrata to support structures.
The geologic evaluation shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The evaluation shall include the location and lots of any test borings and shall evaluate the effect of the geology on the proposed development and on adjacent properties. The evaluation report shall point out specific areas where development may create hazardous conditions,
ix.
A preliminary soils engineering report, prepared by civil engineer registered in the state of California and based upon adequate test borings, shall be required for every subdivision, unless the city engineer determines that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engineering report indicates soil problems that, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required.
The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development. The report shall include the locations and logs of any test borings and percolation test results and a hydrological evaluation if on-site sewage disposal is proposed.
A subdivision where soil or geologic problems exist may be approved if the city determines recommended corrective measures are sufficient to prevent damage to structures or public improvements within or adjacent to the area to be subdivided. Recommended corrective measures may be required conditions of improvement plans and building permits,
x.
In potential noise problem areas, identified in the noise element of the general plan or by the community development director, specific site analysis by an acoustical engineer, or other approved professional with qualifications in acoustic design, may be required by the community development director. Such study shall define the noise exposure problems, conclusions, and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development,
xi.
Slope analysis map for land divisions with any portion having a slope greater than seven percent. The slope categories to be utilized are 0-7 percent, 7-15 percent, 15-25 percent, and 25+ percent, with each category described by a separate color. The slope analysis sheet shall be stamped and signed by a registered civil engineer, registered architect, or registered landscape architect indicating that the slope has been accurately calculated and illustrated,
xii.
Floor plans and elevations as set forth in Table I of the land use element of the general plan,
xiii.
An authorization consenting to the proposed subdivision signed by all parties having a record title interest in the property to be subdivided (if not included on planning application form),
xiv.
Any other data or reports as deemed necessary by the community development director and/or the city engineer.
2.
The community development director may waive any of the foregoing requirements when, in his or her discretion, any such requirement is not necessary due to the nature of the proposed subdivision of land, or other circumstances justify such waiver.
3.
Upon determination that an application is complete, the proposed project shall be forwarded to the staff advisory committee and architectural review committee (if necessary) for their review and comment.
4.
The community development director shall forward the proposed project to such other public agencies, whose operations or areas of responsibility could be significantly affected by the proposed project, for their review and comment in compliance with the city's Rules and Procedures for Implementation of CEQA.
5.
Following a review of the applications and public hearing pursuant to Section 16.12.160 of this title, the planning commission shall adopt a resolution stating their decision and containing the findings of fact upon which such decision is based within fifty (50) days of approval of the environmental document for the project. Such decision is subject to the appeal provisions of Section 16.12.150 of this title.
C.
Findings. Any action taken by the planning commission or city council regarding a tentative parcel map shall be supported by the findings required by Section 66427.1, 66573.5, 66474 and 66474.6 of the Government Code and Section 21100 of the Public Resources Code. In addition, the following findings shall be made in the affirmative prior to approval of a tentative parcel map:
1.
The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title.
2.
The site is physically suitable for the type of development proposed.
3.
The site is physically suitable for the proposed density of development.
4.
The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
5.
The design of the subdivision or type of improvements is not likely to cause serious public health problems.
6.
The design of the tentative parcel map 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 tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public.
7.
The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed by Division 7 (commencing with Section 13000) of the California Water Code.
8.
Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development.
9.
For a proposed subdivision that includes, or is adjacent to an Agricultural district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F). and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and nonagricultural land uses and to protect the public health, safety and welfare.
(Ord. 600 § 2, Exh. A (part), 2008; Ord. 550 § 3, Exh. B (part), 2003; Prior code § 9-04.070)