Avenal Municipal Code Ch. 10.10 Tentative Maps

Sections:

• 10.10.010
• Purpose.
• 10.10.020
• Tentative Map Required.
• 10.10.030
• Preliminary Design Evaluation.
• 10.10.040
• Tentative Map Application.
• 10.10.050
• Tentative Map Process and Procedures.
• 10.10.060
• Withdrawal of Tentative Map.
• 10.10.070
• Resubmittal of Application.
• 10.10.080
• Tentative Map Revision or Amendment.
• 10.10.090
• Expiration of Tentative Map Approval.
• 10.10.100
• Time Extension.

The purpose of this Chapter is to establish the city’s regulations, standards, and procedures for consideration of tentative subdivision map and tentative parcel map application.

For every subdivision for which a tentative map is required pursuant to Chapter 10.06, “Division of Land; Required Maps”, (e.g., tentative subdivision map, tentative parcel map), the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this Chapter.

Prior to submitting a tentative map application, the subdivider may schedule a pre-application meeting with the planning director, or his or her designated representative, with any applicable fees, to discuss the proposed subdivision. At the pre-application meeting, the subdivider shall have an opportunity to discuss physical conditions, facts, and policies affecting the proposed subdivision. The subdivider may also present for review a preliminary map showing approximate lot lines, proposed street alignments, or other features of the proposed subdivision. The planning director or representative shall inform the subdivider of the city’s policies, general plan, zoning, fees, and infrastructure and development standards that may pertain to the proposed subdivision and may make recommendations concerning modifying improvements and/or design of the proposed division of land.

A. Application Components: A subdivider seeking approval of a tentative subdivision map or tentative parcel map (as required by this Title) shall file an application for tentative map approval consistent with the requirements of this Chapter. The application shall consist of the following components:

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1. A completed application form, of which the blank form shall be provided by the planning department.
2. Three (3) copies of the tentative map, consistent with the requirements of subsections B, C, and D of this Section.
3. One reduced copy of the tentative map measuring 8 ½ inches by 11 inches.
4. One reduced copy of the map measuring 11 inches by 17 inches.
5. A filing fee as established by resolution of the city council.
6. A preliminary title report, showing the legal owners at the time of the filing of the tentative map and prepared not more than 90 days prior to the submittal of the application.
7. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting an application.
8. The following drawings, statements, and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map: a. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider’s ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas. b. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision. c. When specifically requested by the city due to questionable site-specific soil conditions, a preliminary soils report, prepared by a civil or geotechnical engineer registered in the state and based on adequate test borings or excavations. At least three (3) test borings shall be done for subdivisions of up to three (3) acres, and thereafter at least one test boring shall be done for each additional three (3) acres or fraction thereof. If the preliminary soils report indicates the presence of critically expansive soils, or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final subdivision map shall contain an investigation of each lot within the subdivision. If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required. The city engineer may require additional information or reject the report if he determines it to be incomplete, inaccurate, or unsatisfactory. Percolation test(s) shall be conducted for each lot on which a private sewer system is proposed. A soils map showing lots and location of test bores and percolation tests shall be submitted with the soils report. The soils report shall include a recommendation by the civil engineer on any corrective action(s) likely to prevent structural damage to each structure proposed to be constructed in the area where the soil problem exists.

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June 2023 d. A preliminary grading plan. Submission of the preliminary grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation, and erosion control of the proposed subdivision. e. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees, or other requirements. B. Preparation and Form of Tentative Map:

1. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a licensed land surveyor and/or registered civil engineer authorized to practice land surveying. The scale of the map shall be at least one inch equals one hundred feet (1” = 100’). If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed eighteen inches (18”) in length and twenty-six inches (26”) in width. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the tentative map along with his/her seal or stamp and the expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761.
2. The city engineer may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a licensed land surveyor and/or registered civil engineer authorized to practice land surveying if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of subsections C and D of this Section. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal. C. Information on Tentative Map: The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:
3. Proposed subdivision name and county tract number.
4. Names, addresses, and telephone numbers of the record owner(s) and subdivider(s) of the land.
5. Name, address, and telephone number of the person, firm, or organization that prepared the map, and the applicable registration or license number.
6. Date of preparation, north point, and scale of the map. If based on a survey, the date of the survey.
7. Boundaries of the subdivision with sufficient information to locate the property.
8. Name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision. Identify adjoining properties with owner name, assessor parcel number, and deed document reference.
9. Contour lines at intervals of not more than one (1) foot unless waived prior to submission by the city engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems and shall extend beyond the tract boundaries where necessary to show drainage conditions on

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June 2023 surrounding property that may affect the subdivision. A topographic survey shall not be waived in areas within the 100-year flood hazard boundary as shown on the most current flood insurance rate map prepared by the federal emergency management agency, along with any approved revisions thereto. 8. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type if known. 9. The location of all railroad rights of way and grade crossings; approximate locations of all existing wells, abandoned wells, and sumps; and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property. 10. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed. 11. The location and width of proposed building setbacks. 12. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and location of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal. 13. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width, and directions of flow of all watercourses and flood control channels within and adjacent to the property involved; and the proposed method of providing stormwater, drainage, and erosion control. In areas subject to 100-year flood hazard, base flood elevation and floodway boundary shall be indicated. The location and statement of FEMA flood zone information.
14. The locations, widths, and names or designations of all existing or proposed streets, alleys, pedestrian ways, and other rights of way, whether public or private, within and adjacent to the subdivision; the radius of each centerline curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision.
15. The lines and approximate dimensions of all lots, the number assigned to each lot; the total number of lots; and the approximate area of the average lot. 16. The total area in square footage or acreage to the nearest one-tenth (1/10) acre of each lot proposed to be utilized for other than single-family or two-family housing. 17. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each, indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation or landscape perimeter purposes it shall be designated and labeled as outlots (e.g., outlot A, outlot B, outlot C). 18. All street rights of way and public easements proposed for abandonment with the final map pursuant to Section 66477.2(c) of the Subdivision Map Act shall be clearly shown, or

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June 2023 clearly listed on the map in cases where the specific location of the easement cannot be determined. Such abandonments shall be listed in the public notice required under subsection 10.04.040.D, “Public Hearing and Public Notice”, of this Title and following proper abandonment proceedings under Chapter 3 of Division 9 of the Streets and Highways Code commencing with Section 8320. 19. If separate final or parcel maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: a) the time the tentative map application is filed, or b) after the filing of the tentative map. The right of the subdivider to file multiple final maps shall not limit the ability of the city to impose reasonable conditions relating to the filing of multiple final maps. D. Additional Information to be Provided for Condominium Conversions: When a tentative map includes a condominium conversion, the application for tentative map shall also include all of the following information:

1. The following information shall be shown on the tentative map, in a separate document, or in one or more separate map sheets: a. The entire site with dimensions. b. Footprints of all units with dimensions, a block number, and a letter identifying each unit. c. The right of way and roadway width of all public and private streets within or adjacent to the site. d. The dimensions of commercial driveways within the site. e. All existing and proposed parking spaces, together with dimensions. f. Existing and proposed landscaping with names of existing trees. g. Location and type of existing and proposed outdoor lighting. h. Sidewalks within and adjacent to the site together with dimensions. i. Location, height, and material of any existing and proposed walls, fences, and hedges.
2. The following documents and information shall be submitted with the tentative map application for a condominium conversion: a. A statement of repairs and improvements to be made by the subdivider to refurbish and restore the building and other structures to achieve compliance with applicable codes. b. A copy of the declaration of covenants, conditions, and restrictions required by state law, which will apply to all owners of the proposed condominium units. c. Square footage and the number of rooms in each unit. d. Evidence that all written notifications required by Section 66427.1 of the Subdivision Map Act have been delivered to the existing tenants of the property.

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June 2023 A. General Application Review And Processing: The designated approving authority shall approve, conditionally approve, or deny the tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination that the project is exempt from the requirements of CEQA. The planning director shall thereafter report the decision of the approving authority to the subdivider. Pursuant to Section 66412.3 of the Subdivision Map Act, in reaching a decision upon the tentative map, the approving authority shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Except as provided otherwise by the Subdivision Map Act, failure to act within the above specified time limits shall be deemed or considered approval of the tentative map. B. Approval and Application of Conditions: The tentative map may be approved or conditionally approved by the approving authority if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this Title. The approving authority may require that, as a condition of approval, the subdivider pay all required development impact fees at the rate for such fees in effect at the time such fees would normally be levied (e.g., building permit issuance). The approving authority may modify or delete any of the conditions of approval recommended in the planning director’s report. The approving authority may add additional requirements as a condition of its approval. C. Findings for Denial: Except as otherwise required by state or federal law, the approving authority shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map, together with the provisions for its design and improvement, is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this ordinance.
2. That the site is not physically suitable for the proposed type of development.
3. That the site is not physically suitable for the proposed density of development.
4. 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. Notwithstanding the foregoing, the designated approving authority may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.
5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems.
6. 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 designated approving authority 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 subsection shall apply only to easements of record or to easements established by judgment

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June 2023 of a court of competent jurisdiction, and no authority is granted to the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 7. Subject to Section 66474.4 of the Subdivision Map Act, the land is subject to a contract entered into pursuant to the California land conservation act of 1965 (commencing with Section 51200 of the Government Code) and the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. D. Appeal: The decision of the designated approving authority may be appealed as provided in subsection 10.04.040.E, “Appeals”, of this Title.

Requests for withdrawal of any application for tentative map shall be submitted to the planning director in writing unless made at a public hearing on the tentative map.

No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map that has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter.

A. Revisions or Amendments Generally: Unless deemed by the city engineer to be in substantial compliance with the approved tentative map, any request to revise or amend an approved or conditionally approved tentative map shall be deemed an application for a new tentative map. Such new tentative map shall be processed in conformance with the requirements of this Chapter in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps. B. Amendment of Conditions of Approval: A subdivider may apply for a revision or amendment to the conditions of approval for a conditionally approved tentative map, provided there is no proposed change to the layout or design of the subdivision or modifications in the proposed lot sizes. Modification of the conditions on a conditionally approved tentative map shall not extend the time limits imposed by this Title or the Subdivision Map Act.

A. Initial Life: Except as provided in Section 10.10.100, “Time Extension”, the approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the designated approving authority. This 24-month period shall be referred to as the “initial life”. B. Effect of Expiration: Expiration of an approved or conditionally approved tentative map (including any extensions) shall terminate all proceedings, and no final map of all or any portion of real property included within the tentative map shall be filed without first processing a new tentative map application.

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The initial life of an approved or conditionally approved tentative map may be extended in any of the following ways, or as otherwise provided by the Subdivision Map Act: A. Discretionary Extension: Prior to the expiration of an approved or conditionally approved tentative map, the subdivider may file a written application for an extension of the expiration date. The process for submission, review, and consideration of the request for extension shall be as follows:

1. The application shall be filed with the planning director. The application shall include the following information: a. A completed application form, of which the blank form shall be provided by the planning department. b. Tentative map number and county tract number of the subject subdivision and/or other unique information used to reference the approved tentative map. c. Requested period of extension. d. Reasons for seeking extension, including facts showing why the requirements for recording a final map cannot be completed within the period provided. e. A description of all efforts made to date to record the final map and the current status of the project. f. A description of what remains to be done to record the final map and what steps the subdivider proposes to complete the required subdivision improvements.
2. Upon receipt of this application, the approval of the tentative map shall automatically be extended for 60 days or until the application for the extension is approved or denied, whichever occurs first.
3. The designated approving authority for requests for extension of a tentative map shall be the planning commission. In accordance with the Subdivision Map Act and case law, the designated approving authority may not impose additional conditions on the tentative map as part of the approval of a discretionary extension. However, the designated approving authority may add or amend conditions based on any changed circumstances or new city policies with the consent of the applicant.
4. The process for review and processing the request for extension shall be the same as provided in Section 10.10.050, “Tentative Map Process And Procedures”.
5. The tentative map may be extended for a period or periods not exceeding a total of six (6) years as provided in Section 66452.6 of the Subdivision Map Act.
6. The designated approving authority shall deny the request for extension if the approving authority makes a finding that the granting of the extension will create a negative impact to public health, safety, or welfare.

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June 2023 7. If the designated approving authority denies a subdivider’s application for an extension, the subdivider may appeal the decision within fifteen (15) days in accordance with the provisions of subsection 10.04.040.E, “Appeals”, of this Title. B. Filing of Multiple (Phased) Final Maps: If multiple final maps are to be filed for the subdivision pursuant to the Subdivision Map Act, and if the subdivider is required to spend more than two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) or any greater amount pursuant to Section 66452.6 of the Subdivision Map Act, to construct, improve, or finance (e.g., payment of impact fees) the construction of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights of way which abut the property to be subdivided and which are reasonably related to the development of the property, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map by forty-eight (48) months from the date of its expiration, or the date of the previously filed (recorded) final map, whichever is later but in no event more than ten (10) years from such approval or conditional approval. As provided in Section 66452.6(a)(3), “public improvement” shall include traffic controls, streets, roads, highways, freeways, bridges, overcrossing, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Examples include, but are not limited to, roadway improvement projects that are conditioned as part of project approval but do not occur within the boundaries or along the perimeter of the project. C. Development Agreement: In accordance with Section 66452.6(a)(1) of the Subdivision Map Act, a tentative map on a property subject to a statutory development agreement between the city and the subdivider (or any successor in interest) may extend the life of the tentative map for a period of time as specified in the development agreement, which period shall not exceed the term of the development agreement itself. D. Development Moratorium: In accordance with Section 66452.6(b)(1) of the Subdivision Map Act, the initial life of an approved or conditionally approved tentative map shall not include any time during which a development moratorium, imposed after approval or conditional approval of the tentative map, is in effect. However, the length of the moratorium will not exceed five (5) years. E. Litigation: In accordance with Section 66452.6(c) of the Subdivision Map Act, upon approval by the city, a pending lawsuit involving the approval or conditional approval of a tentative map shall stay the life of a tentative map for up to five (5) years. The subdivider may submit an application to the city requesting the stay. The procedures for considering and taking action upon the request for the stay shall be as provided in subsection A, “Discretionary Extension”, of this Section. The city shall take action on the request to deny the stay within forty (40) days of receipt of the subdivider’s application. The city shall not impose conditions upon the approval of a request for stay. F. Special Legislative Extensions: On occasion, the California legislature has adopted statutory extensions to tentative maps. Examples include, but are not limited to, the following specific references. Any additional extensions that are adopted by the legislature in the future are hereby incorporated into this ordinance by reference. The city shall honor any applicable extension provided by the legislature.

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1. Section 66452.21 of the Subdivision Map Act, providing a twelve (12) month extension to all tentative maps that have not expired as of July 15, 2008, and would expire before January 1, 2011.
2. Section 66452.22 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that have not expired as of July 15, 2009, and would expire before January 1, 2012.
3. Section 66452.23 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that have not expired as of July 15, 2011, and would expire before January 1, 2014. (Ord. 2012-01, 4-17-2012)
4. Section 66452.24 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2000, and would expire before July 11, 2013.
5. Section 66452.25 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2002, and not later than July 11, 2013, and would expire October 10, 2015.
6. Section 66452.26 of the Subdivision Map Act, providing a twenty-four (24) month extension to all tentative maps that were approved on or after January 1, 2006, and not later than July 11, 2013, and would expire on January 1, 2021.

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