§ 11-5

The form and contents and submittal of preliminary maps shall be governed by the provisions of this article.

Prior to the filing of an application for a tentative map, the subdivider may submit, or be required to submit, plans and data related to the design, layout, grading, existing noise levels, and other features proposed for the development as required by the Planning Department or Engineering Department. The appropriate department shall advise, in writing, of any comments it desires to make and any changes to the proposed plan it deems appropriate as a result of its preliminary review. Upon the receipt of the comments, the subdivider shall cause to be prepared a tentative map pursuant to the provisions of this title. The tentative map may be submitted in lieu of a preliminary map.

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City of Turlock, CA § 11-5-201

SUBDIVISIONS

The form and contents and submittal and approval of tentative maps shall be governed by the provisions of this article.

The tentative map shall be prepared in a manner acceptable to the Planning Department. The tentative map shall be filed with the Planning Department at least thirty (30) days prior to the meeting of the Planning Commission at which consideration is desired. The tentative map shall be clearly and legibly drawn on one (1) sheet, eighteen (18") inches by twenty-six (26") inches minimum, with a scale of one (1") inch equals one hundred (100') feet, or larger, and contain not less than the following:

• (a) A title which shall contain the subdivision number, subdivision name, and type of subdivision;

• (b) The name, address, and telephone number of the legal owner, subdivider, and person preparing the map, including a registration or license number;

• (c) Sufficient legal description to define the boundaries of the proposed subdivision and to locate any and all City limit boundaries;

• (d) The date, north arrow, scale, contour interval, and source and date of existing contours;

• (e) The existing and proposed land uses;

• (f) A vicinity map showing the roads, adjoining subdivisions, canals, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

• (g) The existing and proposed street names are subject to the following criteria:

  • (1) The application for street name approval shall be submitted at the time of the tentative map submittal.

  • (2) Similar sounding street names with different spellings will not be approved.

  • (3) Duplication of existing street names, hard to pronounce street names, difficult spellings, gang references, or other street names determined to pose a risk to public safety shall not be approved.

  • (4) Special characters such as hyphens, dashes, or apostrophes shall not be used.

  • (5) Street names in a foreign language will only be approved if the name is easy to pronounce and the meaning does not pose a risk to public safety.

  • (6) All cul-de-sacs that extend an existing street shall use the existing street name, including the suffix.

  • (7) Once a street name has been assigned to an alignment, neither the street name nor the suffix shall change along the extension of the alignment.

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City of Turlock, CA

SUBDIVISIONS

§ 11-5-202

§ 11-5-202

• (8) When two (2) cul-de-sacs approach each other from opposite directions and are in the same alignment but do not join in any manner, different street names shall be assigned.

• (9) When a street alignment changes its cardinal direction, the street name shall also change.

• (10) In the event that questions arise as to the appropriate street name assigned to the alignment or segment of a street, the Community Development Director shall decide the question;

• (h) The existing topography of the proposed site and sufficient distance beyond its boundary, including, but not limited to:

  • (1) Existing contours or elevations of the existing ground slope and the source and date of preparation of existing elevation measurements;

• (2) Any trees identified as heritage trees pursuant to Chapter 7-7 TMC;

  • (3) The approximate location and outline of existing structures identified by type. Structures to remain shall be so marked;

  • (4) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;

  • (5) The location, pavement and right-of-way widths, grades, and names of existing streets or highways;

  • (6) The widths, location, and identity of all existing easements;

  • (7) The location and size of existing sanitary sewers, water mains, storm drains, fire hydrants, and street lights; the approximate slope of existing sewers and storm drains; and the location of existing overhead utility lines on peripheral streets; and

  • (8) The approximate location of the sixty (60), sixty-five (65), and seventy (70) CNEL (community noise equivalent level) contours as indicated in the Noise Element of the adopted General Plan;

• (i) The proposed improvements, including, but not limited to:

  • (1) The location, grade, center line radius, and arc length of curves, pavement, right-ofway widths, and names of all streets;

  • (2) The location and radius of all curb returns and cul-de-sacs;

  • (3) The location, width, and purpose of all easements;

  • (4) The angle of intersecting streets if such angle deviates from a right angle by more than ten (10) degrees;

  • (5) The approximate lot layout and approximate dimensions of each lot and of each building site, with energy conservation considerations for future passive or natural heating or cooling opportunities as in the General Plan and the Subdivision Map Act;

  • (6) The proposed grading plan with engineering data which shall show the preliminary

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City of Turlock, CA § 11-5-202

TURLOCK CODE

• (7) The proposed recreation sites, trails, pedestrian walks, bicycle lanes, and parks for private or public use;

  • (8) The proposed common areas and areas to be dedicated to public open space; and

  • (9) The location and size of sanitary sewers, water mains, storm drains, fire hydrants, and street lights and the proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;

• (j) The right-to-farm notice as set forth in TMC 5-24-04;

• (k) All lettering shall be clearly legible;

• (l) If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown; and

• (m) The Planning Department or Engineering Department may waive any of the tentative map requirements set forth in this section if the type of subdivision does not need to comply with said requirements or if other circumstances justify a waiver. The Planning Department and Engineering Department may require other drawings, data, or information as deemed necessary in exceptional or extraordinary circumstances.

• (1121-CS, Amended, 07/23/09; 1185-CS, Amended, 06/13/13)

The tentative map shall be accompanied by the following data or reports:

• (a) Soils reports. A preliminary soils report shall be prepared by a registered civil engineer, unless waived by the City Engineer based upon his own knowledge of the soil qualities of the subdivision. If the preliminary soils report indicates the presence of soil problems which, if not corrected, would lead to structural defects, corrective action shall be described. The soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer shall determine if the recommended action is likely to prevent structural damage. As a condition to the building permit, the approved recommendation shall be incorporated in the construction of each structure and the installation of off-site improvements. The soils report shall be kept on file by the City for public inspection.

• (b) Drainage investigations. A preliminary drainage investigation, when requested by the City Engineer, based upon his own knowledge of drainage qualities of the subdivision, shall be prepared by a registered civil engineer. If the preliminary drainage investigation indicates the presence of drainage problems which, if not corrected, would lead to structural defects or other unsafe, unhealthful, or otherwise undesirable conditions, recommendations for corrective measures shall be shown on the percolation report accompanying the final map. The City Engineer shall determine if the recommended action is adequate. As a condition to the building permit, the approved recommended action shall be taken.

• (c) Environmental reviews. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

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City of Turlock, CA

SUBDIVISIONS

§ 11-5-203

§ 11-5-205

• (d) Street name requests. Subdividers shall submit an application for street name approval identifying street names to appear on the tentative map. The application for street name approval shall be submitted to the Planning Division for consideration and approval.

• (e) Other reports. Any other data or reports deemed necessary by the Planning Department or Engineering Department due to exceptional or extraordinary circumstances shall be prepared.

Subsection (a) of this section shall not apply to condominium conversions. (1121-CS, Amended, 07/23/09)

The tentative map shall be considered complete for filing only when such map conforms to Section 11-5-202 of this article, when all accompanying data and reports, as required by Section 11-5-203 of this article, have been submitted and accepted by the department of jurisdiction, a certificate of acceptance has been issued, signed, and dated by such department, and all applicable fees are paid. Thirty (30) copies of the tentative map shall be submitted with the application or as the department of jurisdiction specifies.

Upon the receipt of a tentative map, the City will notify the applicant in writing by mail or personally deliver within forty-eight (48) hours if the map is acceptable or not acceptable for filing. If not acceptable, the City shall state the reasons in its notification.

The Planning Department shall forward copies of the tentative map to the affected public agencies which may return to the Planning Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

Within ten (10) days after the filing of a tentative map, the Planning Department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, the density, and any other information which would be relevant to the affected school district. The governing board of such school district may review the notice and may send a written report to the agency required by law to approve the tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a twenty (20) working day period after the receipt of the notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving or conditionally approving the tentative map.

Upon the completion of the review by the Planning Department, and prior to the date the tentative map is scheduled for Planning Commission action, the Planning Department may hold a technical review conference. A technical review conference shall be held if requested by the subdivider or representatives from affected agencies, utilities, or school districts. Advance written notice of the technical review conference and a copy of the conditions shall be given to the subdivider or agent and to all affected agencies at least three (3) days prior to the conference. The results of the conference shall be reported to the Planning Commission. A copy of the report shall be served to the subdivider and each tenant, in cases of conversions of residential property

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City of Turlock, CA

TURLOCK CODE

§ 11-5-205

§ 11-5-205

to condominiums, community apartments, or stock cooperatives as per the Subdivision Map Act, at least three (3) days prior to any hearing or action on the map by the Planning Commission.

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City of Turlock, CA

SUBDIVISIONS

§ 11-5-301

§ 11-5-302

Article 3

Planning Commission Action

Upon the receipt of a valid application, the completion of the technical review conference, and having received from the Planning Department its report and recommendations for the proposed tentative map, the secretary of the Planning Commission shall set the matter for a public hearing as specified in Sections 66451.3 and 66451.4 of the Subdivision Map Act. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.

Notice shall be published at least once in a newspaper of general circulation published and circulated in the City.

In addition to notice by publication, the Planning Department may give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application and to the owner of the property as shown on the last equalized assessment roll. The list of owners shall be provided by the subdivider.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The City may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

Substantial compliance with the provisions set forth in this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

The Planning Commission shall approve, conditionally approve, or deny the tentative map and shall report its decision to the Council and the subdivider within fifty (50) days after the tentative map has been accepted for filing. If an environmental impact report is prepared, the decision shall be made forty-five (45) days after the certification of the environmental impact report.

In approving or conditionally approving the tentative map, the Planning Commission, acting in the capacity of the Advisory Agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the applicable General or Specific Plans adopted by the City.

The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department's report, except conditions required by City laws related to the public health and safety or to city standards. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable

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City of Turlock, CA

TURLOCK CODE

§ 11-5-302

§ 11-5-305

provisions of the Subdivision Map Act, this title, or other City laws, and it shall be the duty of the City Clerk to certify the approval.

The tentative map may be denied by the Planning Commission on any of the grounds provided by City or State laws.

The Planning Commission shall deny the approval of the tentative map if it makes any of the following findings:

• (a) That the proposed map is not consistent with applicable General and Specific Plans;

• (b) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

• (c) That the site is not physically suitable for the type of development;

• (d) That the site is not physically suitable for the proposed density of development;

• (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

• (f) That the design of the subdivision or the type of improvements is likely to cause serious public inconvenience or health problems; or

• (g) That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large.

The time limits set forth in Section 11-5-301 of this article for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission.

The subdivider or an interested party disagreeing with any decision on a tentative map made by the department of jurisdiction may file an appeal as provided by Title 1, Chapter 4 of this Code. (866-CS, Amended, 02/09/1995)

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City of Turlock, CA

SUBDIVISIONS

§ 11-5-401

§ 11-5-402

Article 4 Expiration And Extensions

The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36) months after its date of approval or conditional approval. A time extension of a maximum of thirty-six (36) months may be allowed by the Planning Commission, not to exceed a cumulative total of six (6) years after the first approval or conditional approval of the tentative subdivision map.

The period of time specified in this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Council. Within ten (10) days after the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Council shall either stay the time period for up to five (5) years or deny the requested stay.

The request for the stay shall require a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Council, within ten (10) days, shall declare its findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

The expiration of an approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. (1116-CS, Amended, 02/26/2009; 1133-CS, Amended, 12/24/09)

• (a) Requests by subdividers. The subdivider or his authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the Planning Department. The application shall be filed prior to the expiration date of the map and shall state the reasons for requesting the extension.

• (b) Planning Commission action. The Planning Director shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval, or denial at the next scheduled Planning Commission meeting. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

• (c) Conditions of approval. As a condition of the extension of a tentative map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Department in its report or as the Planning Commission may find necessary.

• (d) Appeals on conditions of extensions. The subdivider may appeal any action on the

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City of Turlock, CA § 11-5-402

TURLOCK CODE

• (e) Fees. The fee for processing an extension shall be at actual cost. A deposit to be applied toward such fee may be required, as determined by Council resolution.

• (866-CS, Amended, 02/09/1995)

Minor changes in the tentative map may be approved by the Planning Department upon an application by the subdivider, or in its own initiative, by mutual consent of both parties, provided:

• (a) Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

• (b) There are no resulting violations of this Code.

Any revision shall be approved by the City Engineer. The amendment shall be indicated on the approved tentative map and certified by the City Engineer.

Amendments of the tentative map, other than minor, shall by presented to the Planning Commission for approval. Processing shall be in accordance with Section 11-5-205 of Article 2 of this chapter and Section 11-5-301 of Article 3 of this chapter.

Any approved amendment shall not alter the expiration date of the tentative map.

Amendments or changes in street names on the tentative map may be approved by the Planning Division upon application by the subdivider. The cost to process street name amendments or changes shall be borne by the subdivider.

(1121-CS, Added, 07/23/09)

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City of Turlock, CA

SUBDIVISIONS

§ 11-5-501

§ 11-5-504