Chapter 9-8-19 - Major Subdivisions#

9-8-1901 - Intent.#

The intent of this Chapter is to provide a method for reviewing and approving Major Subdivision Applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1902 - Requirements for Application.#

A Major Subdivision Application may be initiated by the property owner or the property owner's authorized agent. The application shall include a Tentative Map or, at the option of the applicant, a Vesting Tentative Map and other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

In addition to the application requirements specified in Section 9-8-1902 and Chapters 2 of Division 9 of the Development Title, the application requirements listed below shall be applicable. The Community Development Director may waive one or more of the application requirements if inapplicable to the project, or valid information has been previously submitted.

(a) Reports.#

The following reports/documents shall be submitted with the Major Subdivision Application:

1. Cultural Resources Report, specifying the method of preserving significant architectural and/or historic cultural resources within the boundaries of the proposed subdivision§;

2. Canal Report, evaluating the safety of open canals within one-half (½) mile of the boundaries of the proposed subdivision§, and specifying the means to be taken to reduce the attractive nuisance of such canals to the future residents of the proposed subdivision;

3. Special Status Species Survey, consisting of a survey conducted by a qualified biologist of special status species within the boundaries of the proposed subdivision§;

4. Tree Survey, specifying the location, species, and condition of all mature trees within the proposed subdivision§;

5. Nesting Site Survey, consisting of a survey conducted by a qualified biologist of occupied raptor nests in trees and of burrowing owl nesting sites within the boundaries of the proposed subdivision§;

6. Noise Study, conducted pursuant to Section 9-10-709, consisting of an assessment of existing and proposed noise contours, and proposed measures to control noise§;

7. Farm Irrigation Drainage Report, consisting of a map of existing farm drains that traverse the proposed subdivision, identified by type, location and function; an analysis of the impacts of the proposed subdivision on the existing farm irrigation drainage system; a determination of the planned dispossession of the system, including the abandonment of specific pipes and drains; a determination of whether the farm irrigation drainage system could be integrated into the storm system for the proposed subdivision; and an estimate of the costs associated with reconstructing or rerouting irrigation waters caused by the proposed subdivision.§

(b) Attachments.#

The following attachments shall be submitted with the Major Subdivision Application:

1. Will Serve Letters for all public services and utilities from the CSD and other service providers§;

2. If a Development Agreement has been executed for the subject area, letter acknowledging completion of all required plans and programs as specified in said Development Agreement;

3. Vehicle Circulation Plan and Roadway Improvement Plan§;

4. Typical sections, including standards, for streets, alleys, bicycle paths/lanes, and pedestrian sidewalks/paths;

5. Pedestrian, Bicycle, and Transit Connections Plan§;

6. Fencing and Edge Treatment Plan, showing community walls and community edge treatments and including community edge buffers§;

7. Soundwall Plan;

8. Street Landscaping Plan, including neighborhood and community entries, showing implementation of CSD Roadway Landscaping Plan§;

9. Street Lighting Plan§;

10. Second Unit Dwelling Plan, showing the location of all required second unit dwellings on a lot by lot basis, in accordance with Section 9-8-1305§;

11. Open Space, Recreation, and Trails Plan§;

12. Sensitive Habitats Map, showing sensitive habitats, waterways, wetlands, and riparian areas§;

13. Conceptual Site Design Plan, showing sidewalks, driveways, pathways, off-street parking, building footprints, setbacks and building coverage, landscaping, and internal circulation (for nonresidential uses), for each specific land use type§; and

14. Neighborhood Center Special Purpose Plan, if applicable, with illustrative drawings and map of the Neighborhood Center showing land use and building types (including child care centers), sidewalks, driveways, pathways, internal circulation, off-street parking, building footprints, setbacks, building coverage, landscaping, recreational uses, activity areas, and transit stops; and including related documents, specifically, the School Facilities Plan, the Neighborhood Park Plan, and Joint Powers Agreement for joint use of school and park facilities.§

(c) Project Description.#

A project description shall be submitted with the Major Subdivision Application. The project description shall provide sufficiently detailed information, as identified on the application form, to provide for comprehensive consistency findings with the Master Plan, Specific Plan, Development Title, EIR mitigations and monitoring program, and any applicable Special Purpose Plans.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1903 - Review Procedures.#

Major Subdivision Applications shall be reviewed using the Public Hearing Procedure specified in Chapter 5 of Division 2, with the following modifications:

(a) Action with no EIR.#

If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.§

(b) Action with EIR.#

If an Environmental Impact Report is required, the final action shall be rendered within forty-five (45) calendar days after certification of the Environmental Impact Report.§

(c) Appeals.#

Appeals of any Planning Commission decision shall be heard by the City Council within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal.§ A final decision shall be rendered within ten (10) calendar days, or any authorized extension thereof, after the conclusion of the hearing before the City Council.

(d) Notice of Hearing.#

Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.§

(e) Notice of Multiple Final Maps.#

If the applicant intends to file multiple final maps, the applicant shall inform the Review Authority of such intention at the time of filing the Major Subdivision Application or prior to the public hearing on the Major Subdivision Application.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1904 - Findings.#

Prior to approving an application for a major subdivision, the Review Authority shall find that all of the following are true:

(a) Plan Consistency.#

The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan, and any other applicable plan adopted by the City;

(b) Design or Improvement.#

The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;

(c) Type of Improvement.#

The site is physically suitable for the type of development proposed;

(d) Density of Development.#

The site is physically suitable for the proposed density of development;

(e) Fish or Wildlife.#

Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

(f) Public Health.#

The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(g) Access.#

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;

(h) Dedications.#

Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, and any other applicable plan adopted by the City;

(i) Energy.#

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and

(j) Development Agreement.#

All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1905 - Expiration Date.#

A Major Subdivision Application which has been approved shall expire thirty-six (36) months after the date of its approval, unless otherwise specified in this Title.§

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1906 - Vested Rights.#

An approved Major Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.

(a) Vested Rights.#

The approval of the Major Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code.

(b) Exceptions.#

Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:

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

2. Condition or denial is required in order to comply with state or federal law.

(c) Time Periods.#

The vested rights referred to in Subsection (a) shall expire if a final map is not approved prior to the expiration of the approved Major Subdivision Application. If the final map is approved, vested rights shall continue as follows:

1. Vested rights shall remain in effect for an initial time period of one (1) year.§ Where several final maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in Section 9-8-1905, or the vested rights shall expire for those parcels for which final maps are not timely recorded.

2. The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one (1) is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

3. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit, or any extension of that building permit.

(d) Subsequent Conditioning.#

Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative Map shall not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary for development.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1907 - Preliminary Maps.#

A Preliminary Map that is a Major Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1908 - Major Subdivisions Not Within Master Plan Density Range.#

A Major Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.§

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1909 - Approval of Specified Major Subdivision Plan Attachments.#

The following attachments to a Major Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title:

(a) Vehicle Circulation Plan and Roadway Improvement Plan;#

(b) Pedestrian, Bicycle, and Transit Connections Plan;#

(c) Fencing and Edge Treatment Plan;#

(d) Soundwall Plan;#

(e) Street Landscaping Plan;#

(f) Street Lighting Plan;#

(g) Second Unit Dwelling Plan; and#

(h) Open Space, Recreation and Trails Plan.#

The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-1910 - Amendment of Second Unit Dwelling Plan.#

An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title, provided the following conditions are met:

(a)#

For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;

(b)#

All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and

(c)#

The replacement parcels specified in Subsection (a) shall be within the same neighborhood.

(Ord. 2024-18, § 1(Exh. A), 2024)