Atwater Municipal Code Ch. 16.20 Tentative Maps

A. All subdivisions within the City and those to be commented upon which are for lands located in unincorporated county territory shall be represented on a tentative map conforming to this title. Fifteen copies of the tentative map shall be filed in the office of the Planning Director.

B. Final surveys of streets and lots shall not be made nor shall any grading or construction work be done before the tentative map and plans and profiles for such work have been approved as required by this title.

C. The map shall be drawn to a scale of 50, 60, 100, or 200 feet to the inch, whichever is most appropriate to clearly present necessary details.

D. The size of the map shall be 24 inches by 36 inches maximum. If more than one sheet is required, a composite may be made for public display at the time the tentative map is considered by the Planning commission and the City Council but the 24 inch by 36 inch maps are the official maps.

(Prior Code § 10-2.601; Ord. CS 347, 1977)

The following information shall be delineated on the tentative map or contained in a written statement to accompany each map:

A. Tract number as obtained from the City Engineer and name of the subdivision, if the subdivider so desires;

B. Sufficient legal description of the land to describe the location of the proposed subdivision;

C. Name and address of the owner and subdivider;

D. Name and address of the person preparing the map;

E. If adjoining land has been subdivided, the recordation data of the map shall be shown;

F. Approximate acreage and boundary lines of the subdivision;

G. North point, scale and date;

H. Location, width and proposed names of all streets within the boundaries of the subdivision;

I. Location and width of easements;

J. Approximate street centerline radii of curves;

K. Names of utility companies and location of existing and proposed public utilities;

L. Existing culverts and drain pipes;

M. Watercourses and channels including proposed facilities for control of storm waters;

N. Railroads and other rights and other rights-of-way;

O. Dimensions of reservations;

P. Adjoining property and lot lines;

Q. Lot lines and approximate dimensions;

R. The approximate location of areas subject to inundation of storm water overflow and the location width and direction of flow of all water courses;

S. Location of all existing buildings, structures and trees;

T. Proposed source of water supply;

U. Proposed method of sewage disposal and storm water drainage;

V. Proposed street improvements;

W. Proposed protective covenants regarding use of property and building lines;

X. Proposed tree planting which shall conform substantially as to species and location with the street tree plan of the City and otherwise with the regulations of Chapter 12.32 Trees;

Y. Proposed public areas;

Z. Location, names and widths of existing and proposed streets, highways, alleys, easements, railroads and other open spaces in adjacent areas;

AA. Contours with maximum interval of two feet, unless waived by the City Engineer;

BB. Existing use of property immediately surrounding;

CC. Proposed land use of lots;

DD. Existing zoning and proposed zoning;

EE. If private streets are proposed, the method of maintenance and financing such maintenance;

FF. A description of the proposed fencing to provide a physical and visual barrier between the subdivision and all open ditches, drains and canals;

GG. Proposed unit boundary lines, if the subdivision is to be developed in more than one unit.

(Prior Code § 10-2.602; Ord. CS 347, 1977)

After noting the information set forth in Section 16.20.020, the subdivider should confer with the Planning Director and the City Engineer before preparing the tentative map.

(Prior Code § 10-2.603; Ord. CS 347, 1977)

The subdivider shall ascertain that the proposed tract name or number is acceptable to the county for recordation should the tentative map be approved.

(Prior Code § 10-2.604; Ord. CS 347, 1977)

The date of filing a tentative map shall be the date on which the maps and information required by the Subdivision Map Act and this title have been filed, the fees have been paid, and all procedures under the City rules to implement the California Environmental Quality Act of 1970, as amended, including the preparation of a final environmental impact report if required, have been completed.

(Prior Code § 10-2.605; Ord. CS 347, 1977)

The Planning Director may prepare a subdivision information form which shall be completed by the subdivider to accompany each tentative map for purposes of:

A. Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

B. Determining whether the subdivision conforms to all of the requirements of the Subdivision Map Act and this title;

C. Expediting the processing of the tentative map;

D. Supporting any written request to waive the filing of a final parcel map and providing proof of ownership.

(Prior Code § 10-2.606; Ord. CS 347, 1977)

A. After the date of filing of the tentative map, the Planning director shall distribute the tentative map, the Planning Director shall distribute the tentative map as follows;

1. One copy to the City Engineer;

2. One copy to the county health officer;

3. One copy to the chairman of the Planning Commission;

4. One copy to the utility companies serving the area;

5. One copy to the City fire marshal.

B. Within ten days of the filing of a tentative map, the Planning Director shall send a notice of the filing of the tentative map to the governing body of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the Planning commission. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within 20 working days of the date of which the notice was mailed to the school district for comment. In the event that the governing board of any such district fails to respond within the 20-day period, such failure to respond shall be deemed approval of the proposed subdivision.

(Prior Code § 10-2.607; Ord. CS 347, 1977)

A. The Planning Director shall set a date for consideration by the Planning Commission which will provide sufficient time for staff review of the tentative map and the site and allow time for preparation of a written report. The subdivider shall be notified at least five days in advance of the meeting time and place set.

B. Any report or recommendation on a tentative map by the staff of the City shall be in writing and a copy thereof shall be served on the subdivider at least five days prior to any action taken by the advisory agency on the tentative map. Failure to present a report shall be deemed as approval of the tentative map as shown.

(Prior Code § 10-2.608; Ord. CS 347, 1977)

A. The advisory agency shall approve, conditionally approve, or disapprove the tentative maps, except for tentative maps in conjunction with projects which require legislative action. The action of the advisory agency shall be within 50 days after filing with the City.

B. The legislative body shall approve, conditionally approve, or disapprove the tentative maps in conjunction with projects which require legislative action. The action of the legislative body shall be within 50 days after filing with the City.

C. The City shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code. The time periods specified in subsections A. and B. shall commence after certification of the Environmental Impact Report, adoption of a Negative Declaration, or a determination by the City that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

D. If no action is taken upon a tentative map by the advisory agency or by the legislative body within the time limits specified in this Chapter or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of the Subdivision Map Act and this title; and it shall be the duty of the City Clerk to certify such approval.

(Prior Code § 10-2.609; Ord. CS 347, 1977; Ord. CS 715, 1994)

The advisory agency shall determine whether the discharge of waste from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the advisory agency finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

(Prior Code § 10-2.609; Ord. CS 347, 1977)

A. If the advisory agency has been requested in writing to waive the filing of a final parcel map, in accordance with Section 16.20.060, a finding must be made that the proposed minor subdivision complies with the requirements of the Subdivision Map Act and this title in regards to (1) area; (2) improvement and design; (3) flood water drainage control; (4) appropriate improved public roads; (5) sanitary disposal facilities; (6) water supply availability; and (7) environmental protection, or the request must be denied.

B. If the request is approved, the subdivision is officially approved and transfer of property may be made accordingly.

(Prior Code § 10-2.609 (part); Ord. CS 347, 1977)

A. The advisory agency may approve a tentative map of a minor subdivision and conditioned upon dedication of right-of-way and easements, and the construction of reasonable off-site and on-site improvements for the parcels being created.

B. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City, except that such construction may be required within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for development of a parcel upon a finding by the City Council that fulfillment of the construction requirements is necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(Prior Code § 10-2.609; Ord. CS 347, 1977)

A. The advisory agency shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or this title.

B. The advisory agency shall deny approval of a tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the advisory agency may approve a map if it finds that alternate easements, for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or the easements established by judgment of a court of competent jurisdiction and no authority is granted to the advisory agency to determine that the public at large has acquired easements for access through use of property within the proposed subdivision.

(Prior Code § 10-2.610; Ord. CS 347, 1977)

The final decision of the Planning Commission and City Council shall be reported to the subdivider and to the City Engineer in writing.

(Prior Code § 10-2.611; Ord. CS 347, 1977; Ord. CS 715, 1994)

A. An approved or conditionally approved tentative map for a subdivision of five or more lots, parcels, condominiums, or community apartments shall expire 30 months after approval or conditional approval by the Planning Commission or the City Council, whichever is later.

B. An approved or conditionally approved tentative map for a minor subdivision, where the requirements for a parcel map are not waived, shall expire 12 months after approval or conditional approval by the Planning Commission or the City Council, whichever is later.

C. The expiration of the 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 such tentative map shall be filed without first processing a new tentative map.

D. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the advisory agency for a period of one year, and on further application before expiration thereof, for a second year. No extension may be made beyond two years after the original expiration date.

E. If the advisory agency denies a subdividers application for extension which was filed in time, the subdivider may appeal to the City Council within 15 days after such action.

(Prior Code § 10-2.612; Ord. CS 347, 1977)