Ceres Municipal Code Ch. 05 Tentative Maps

The purpose of this chapter is to establish the City regulations, standards and procedures for consideration of tentative subdivision map applications for subdivisions.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A tentative map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Civil Code section 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any of the following occurs:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.

2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

3. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to section 66418.2 of the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Preliminary design plan. In the preparation and submission of a tentative map, a subdivider may present preliminary plans and sketches of proposed subdivision to the Community Development Department, for informal staff review. The determination(s) made in staff review pursuant to this section are preliminary in nature, and are neither binding nor appealable.

A. In order to provide the most valuable feedback to the applicant, the preliminary design plan should include the following information:

1. Street layout indicating location and type;

2. Basic lot design and size;

3. Land use;

4. Existing natural and manmade features on and adjacent to the site;

5. Existing and proposed topography on and adjacent to the site;

6. Existing and proposed utilities and easements.

B. Within 30 days of the filing of the preliminary design plan for informal staff review, the staff review of the plan shall be undertaken in an effort to determine if the preliminary design plan complies with the following:

1. The City general plan;

2. Any applicable specific plans;

3. Ceres zoning ordinance;

4. Adopted public improvement standards;

5. Other applicable standards and regulations

6. Estimate of applicable public facility and building permit fees.

C. A subdivider may not request informal staff review of a preliminary design and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for informal staff review of a preliminary design at any time and thereafter file an application for a tentative map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A subdivider seeking approval of a tentative map for a subdivision for a future final map shall file an application for tentative map approval consistent with the requirements of this title. The application shall consist of the following elements:

A. A tentative map, consistent with the requirements of sections 17.05.070 and 17.05.080.

B. A completed City application packet, including an environmental checklist.

C. A fee, as prescribed by Council resolution, shall be required for consideration of all tentative map applications.

D. Additional reports, plans and data. 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:

1. 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.

2. 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. Improvements proposed which are not a requirement;

3. Proposed method of storm water drainage;

4. Proposed method of sewage disposal;

5. Proposed method of providing domestic water, location and type of fire hydrants and existing or proposed wells to be used;

6. Areas proposed for public use;

7. Street markers proposed;

8. Justification for any exceptions proposed;

9. Preliminary soil report of the subdivision, prepared by a registered civil engineer, shall be submitted with the tentative map and shall be based on adequate test borings or excavations. The Commission may waive the preliminary soil report requirements on recommendation of the Subdivision Committee when it finds that, due to the knowledge of the Committee of soil conditions within the proposed subdivision and land use, no preliminary analysis is necessary. When the soil report has been prepared, this fact shall be noted on the final map, together with the date of the report and name of the engineer preparing it.

10. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Director as a condition precedent to consideration of the tentative map by the approving authority. The soils investigation shall be done in the manner provided in section 66491 of the Subdivision Map Act.

11. A preliminary grading plan. Submission of the preliminary plan may be waived by the Director 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.

12. Applications for any modification that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of chapter 17.11, Modifications.

13. A current preliminary report issued by a title company within 30 days of the application date for the lands proposed to be subdivided, together with copies of the recorded documents shown as exceptions in the report.

14. A statement and all approved documentation reflecting the status of any "Williamson Act" restrictions upon all or any part of the land to be subdivided.

15. A description of the manner in which the land to be subdivided will be provided with water supply, sanitary disposal facilities and storm drainage facilities, including but not limited to proposals for assisting the City in financing temporary or permanent improvements needed for water supply, sanitary disposal facilities and storm drainage facilities needed to serve the land to be subdivided.

16. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirements.

17. One set of mailing labels for the parcels receiving mailed notice as required by subsection 17.05.110.F which is prepared by a title company utilizing parcel ownership information obtained by it from the latest equalized tax roll from the Stanislaus County Assessor.

18. With respect to tentative maps for residential condominium conversion projects, a conditional use permit for such conversion project approved pursuant to the zoning ordinance of the City of Ceres. The Director may waive this requirement if at the time of the filing of the tentative map the subdivider, in writing, irrevocably offers to the Commission and Council to extend the time limits specified in the Subdivision Map Act for reporting and acting upon the tentative map by said bodies. The extension shall be for such periods of time as are reasonably necessary to permit the processing, review, and final action on the conditional use permit concurrently with the tentative map.

19. Statements disclosing whether the proposed subdivision will be required to comply with State statutes relating to hazardous materials and other substances, as required by Government Code sections 65850.2, 65962.5, subdivision (d), and 65962.5, subdivision (f).

20. If conversion of a mobile home park is involved, submit a report as required under Government Code section 66427.4.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Fifteen copies of tentative maps of five or more parcels shall be filed with the Community Development Department at least 15 days prior to the Commission meeting at which consideration is desired and shall be accompanied by a filing fee in such amount as may be fixed from time to time by order or resolution of the City Council.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Commission shall determine if the tentative map is in conformance with the provisions of law and this chapter, within 50 days after the filing of the map, and upon that basis shall approve, conditionally approve, or deny the map and report such action to the subdivider's engineer and Director. The 50-day time limitation may be waived, provided that the subdivider agrees to such waiver in written form as approved by the Community Development Department. The 50-day period shall not commence until the Community Development Department has received a certification of an environmental impact report, has adopted a negative declaration, or the Community Development Department has determined that the project is exempt from CEQA, or it has determined that the filing of the tentative map application has been deemed complete.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. No single sheet shall exceed 18 inches in length and 26 inches in width.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Tentative maps shall be clearly prepared and legibly reproduced and shall contain the following data in addition to such information as is required by the Subdivision Map Act:

A. A key or location map showing the general area;

B. The subdivision name, date, north arrow, scale, boundaries and sufficient description to define the location;

C. Name, telephone number, and address of record owner or owners;

D. Name, telephone number, and address of subdivider;

E. Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number;

F. Acreage to nearest tenth of an acre;

G. Existing and proposed contour lines at intervals of not more than one foot unless waived prior to submission by the Director. 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 or other conditions on surrounding property which may affect the subdivision. The 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 (FIRM) of the Federal Emergency Management Agency.

H. 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 center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision.

I. Location and size of all pipelines, existing or proposed wells, sewer lines and structures used in connection therewith;

J. Location and character of existing and proposed utilities;

K. Width, location, and purpose of existing or proposed easements;

L. Lot layout with approximate dimensions of each lot, and each lot and block shall be numbered;

M. 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;

N. Building lines shall be indicated by a dashed line on the tentative and final map, and shall conform to the requirements of title 18 of this Code;

O. 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;

P. 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 storm water, drainage and erosion control. In areas subject to 100-year flood hazard, base flood elevation and floodway boundary shall be indicated. Typical street sections when different from adopted standards;

Q. The locations, widths and description by recorder's book and page number (or document number) of all existing private or public easements of record;

R. 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 purposes, it shall be so designated;

S. Any modification being requested in accordance with the requirements of chapter 17.11, Modifications, which is shown on the tentative map shall be clearly labeled and identified as to nature and purpose;

T. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivider shall give notice of its intent to do so and shall suggest terms and conditions, for inclusion in an agreement with the City, to ensure that the phased filing of maps provides for the logical and orderly development of improvements required to serve all possible phases of the subdivision. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps;

U. Access to publicly owned lake or reservoir where required under section 66478.12 of the Subdivision Map Act;

V. Easements along a public waterway provided by the subdivider under section 66478.5 of the Subdivision Map Act must be shown.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Community Development Department shall transmit copies of the tentative map to the Fire Department, Police Department, Public Works Departments, Engineering Services Department, all utility companies serving the area where the subdivision is located, and to the nearest city when within one mile of the corporate limits of a city. When the proposed subdivision fronts on a State highway or may affect a proposed State highway, a copy shall be sent to the District Engineer, State Division of Highways. The Community Development Department may send a copy to such other agencies as it believes can furnish pertinent information to the Commission.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Departments or agencies receiving a copy of the map shall notify the Community Development Department within ten days of receipt thereof of particulars which do not conform to requirements coming within their authorized scope. If a reply is not received prior to the meeting of the Commission, it is assumed that the map does conform to requirements of those concerned.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The process to be followed for all tentative maps for future final maps is as follows:

A. Within 30 days of receiving a tentative map application, the Community Development Department shall in writing inform the applicant whether the application is complete and accepted for filing with the clerk of the Commission. If incomplete, the Community Development Department shall advise the applicant as to the deficiencies in the application.

B. Within ten days after an application has been found to be complete and accepted for filing with the clerk of the Commission, the Director shall submit the application to staff review and shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map to such other public agencies or private parties as the Director determines may be affected by the proposed subdivision for report and recommendation to the Commission.

C. Upon completion of staff review, the Director shall prepare a written report to the Commission on the proposed tentative map. The report shall include the determinations and recommendations, if any, made in staff review concerning the conformance of the tentative map to the standards, rules and regulations of this title, and to the requirements of all applicable specific plans and ordinances of the City. The Director, based upon staff review, shall also advise the Commission in said report of the requirements and recommendations, if any, of other public agencies and private parties affected by the proposed subdivision.

D. Once a tentative map has been filed with the clerk of the Commission, it shall be set for hearing by the Commission. The hearing shall be set for a date which will permit the Commission to deliver its written report on the tentative map to the Council within the later of either:

1. Fifty days from the date that the tentative map has been filed with the clerk of the Commission; or

2. Fifty days from the date of:

a. Certification by the Council of the EIR for the project which includes the proposed subdivision; or

b. The adoption of a negative declaration by the Council for said project; or

c. A determination by the Council that the project is exempt from the requirements of CEQA.

E. A copy of the Director's written report shall be provided to the Commission and shall also be provided to the subdivider at least three calendar days prior to date of the public hearing.

F. Notice of Commission hearing shall be given by the clerk of the Commission as required by California Government Code sections 65090 and 65091.

G. In addition, the Director shall give notice of the Commission hearing by mail or delivery to the subdivider and, in the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the Director shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll.

H. Notice of the Commission hearing shall be given by the clerk of the Commission by mail or personal delivery to any person who has filed a written request with the City Clerk to receive such notice. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.

I. The clerk of the Commission shall also give notice of the hearing by mail or delivery to each private or public agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with section 66451.3 of the Subdivision Map Act and any applicable requirements of the zoning ordinance.

J. The Director may give such other notice that he or she deems necessary or advisable. All notices authorized or required to be given by mail shall be given by depositing the notice with postage prepaid with the U.S. Postal Service in Ceres, California, not less than ten calendar days before the date of the hearing for which the notice is being given.

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

L. At the conclusion of the public hearing, the Commission shall render approval, conditional approval or denial of the tentative map, and shall make its findings to the Council within 50 days of the later of the date when the tentative map was filed with the clerk of the Commission or such later date as is provided in subsection D of this section.

M. Each tentative map shall conform with the requirements of the general plan, any applicable specific plan, any applicable development agreement, and zoning designation of the property; provided, that where an amendment to the general plan or the applicable specific plan or a change in zoning is also being requested as part of the development project for which the tentative map is sought, and the tentative map will be consistent with the general plan, specific plan or zoning if the Council approves such amendment or change, the tentative map may be recommended for approval, subject to inclusion of a condition on the tentative map requiring approval of the general plan or specific or community plan amendment or zone change prior to recordation of the final map.

The Commission shall disapprove of the map if it finds any of the following:

1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this Code;

2. That the site is not physically suitable for the 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 is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

5. That the design of the subdivision or the type of improvements is 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 Commission may recommend approval of 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 of a court of competent jurisdiction, and no authority is hereby granted to the Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. Subject to section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with California Government Code section 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use (California Government Code section 66474).

N. The subdivider or any interested person adversely affected may appeal any action approving, conditionally approving or denying a tentative map in accordance with the procedures provided in section 17.07.020.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The subdivider or his responsible representative shall be present at the time set for the consideration of the tentative map.

(Ord. No. 2020-1058, § 3, 3-23-2020)

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

(Ord. No. 2020-1058, § 3, 3-23-2020)

Any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of this title in effect at the time such revised map is filed, including any changes in street or other 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.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The approval or conditional approval of a tentative map shall expire 24 months from its approval, unless the expiration date is extended in accordance with the provisions of section 17.05.170. However, if the filing of multiple final maps is authorized pursuant to section 17.08.250 and the subdivider is required to spend $236,790.00 (as periodically adjusted in accordance with section 66452.6(a) of the Subdivision Map Act) or more to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by California Government Code section 65864 et seq., then each filing of a final map shall, without further action of the City, extend the expiration date in accordance with provisions of section 66452.6(a) of the Subdivision Map Act.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. Request by subdivider. For any tentative map which expires in 24 months and which expiration date is not automatically extended under the provisions of the Subdivision Map Act, a subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Community Development Department. The application shall be filed prior to the expiration date of the approved or conditionally approved tentative map, and shall state the reasons for requesting the extension. The number of extensions and granted and the duration of each extension shall be subject to the applicable provisions of the Subdivision Map Act.

B. Approving authority hearing and action.

1. Notice. The Director shall prepare a report with the recommendation on the application for an extension, and shall set the matter for hearing before the approving authority at a regularly scheduled meeting. The matter shall be noticed in the same manner as a tentative map application, as specified in section 17.08.110.

2. Action by the Planning Commission. The Commission may approve, conditionally approve, or deny the application for an extension of the expiration date, and shall make findings supporting the decision.

C. Time limit of extension. The time at which the tentative map expires may be extended for a period not exceeding the maximum allowed per the Subdivision Map Act or for such lesser periods as may be determined to be appropriate by the approving authority.

D. Appeal of extension. The subdivider or any interested person adversely affected may appeal any action of the Commission approving, conditionally approving or disapproving a requested extension in accordance with the procedures provided in section 17.07.020 within 15 days from the approving, conditionally approving or disapproving of the requested extension.

(Ord. No. 2020-1058, § 3, 3-23-2020)