§ 16.16

Prior to the preparation of a vesting tentative map, the subdivider is encouraged to consult with planning department staff for technical advice and procedural instructions. At that time the subdivider will be provided necessary forms and a list of information required to make the application for subdivision complete. Preliminary sketches of the subdivision may be submitted and discussed. The preliminary sketch should be to a scale and detail sufficient to indicate the essential characteristics of the subdivision, including the number, size and design of lots; the location and width of streets; the location of any important reservations or easements; the relation of the subdivision to all surrounding lands and any other detail necessary to enable preliminary review. The planning staff will schedule a conference with the subdivider to discuss the preliminary map and make recommendations concerning the submittal of a vesting tentative map.

(Ord. 550 (part), 1994).

Thirty copies, or additional copies as deemed necessary by the planning staff, of the vesting tentative map, three copies of all supplemental design information, a statement of the proposed division of land, a completed environmental questionnaire, and appropriate fees shall be submitted to the planning department.

(Ord. 550 (part), 1994).

Vesting tentative maps shall be eighteen by twenty-six inches in size and to a scale of one inch equals fifty feet for small areas unless otherwise approved by the planning department.

(Ord. 550 (part), 1994).

Every vesting tentative map shall be clearly and legibly reproduced and shall contain the following information:

A.

A key or location map on which shall be shown the general area including adjacent property, subdivisions and roads;

B.

The tract name or number, date, north point, scale and sufficient description to define location and boundaries of the proposed tract;

C.

Name and address of recorded owner or owners;

D.

Name and address of subdivider;

E.

Name and business address of the person who prepared the map;

F.

Acreage of proposed tract to the nearest tenth of an acre;

G.

Sufficient elevations or contours or notations indicating direction and percent of slope to determine the general slope of the land and the high and low point thereof;

H.

The locations, names, widths and grades of all roads, streets, highways and ways in the proposed subdivision which are to be offered for dedication (names must be approved by the county street name coordinator);

I.

The locations, names and existing widths of all adjoining and contiguous highways, streets and ways;

J.

Location and character of all existing public utilities including sizes of pipelines serving the proposed subdivision;

K.

The widths, location and purposes of all existing and proposed easements;

L.

Lot layout, dimensions of each lot, and lot numbers;

M.

City limit lines occurring within the general vicinity of the subdivision;

N.

Boundaries of any units within the subdivision if the subdivision is to be recorded in stages;

O.

Names and owners of land immediately adjacent to the subdivision;

P.

The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines, along with the location of any wells or septic tanks and leach fields;

Q.

Location of all trees proposed to remain in place, standing within the boundaries of proposed public rightsof-way;

R.

Location and limits of all areas subject to inundation or stormwater overflow and the location, width and direction of all watercourses based upon a one-hundred-year storm occurrence;

S.

Typical section of the proposed street improvements.

(Ord. 550 (part), 1994).

A statement shall be presented by the subdivider in written form accompanying the vesting tentative map and shall contain the following information:

A.

Improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed;

B.

Proposed plan for drainage;

C.

Proposed fire hydrant placement;

D.

Provision for sewerage and sewage disposal;

E.

Provision for proposed water supply;

F.

Provision for proposed electric power supply;

G.

Public areas proposed;

H.

Type and location of street lighting proposed;

I.

Proposed building setback lines and width of side yards;

J.

Justification and reasons for any exceptions to provisions of this title, or for any amendments to the general plan and/or zoning ordinance which may be required in conjunction with the subdivision proposed;

K.

A copy of any restrictive covenants, bylaws, or articles of incorporation proposed shall be attached to the owner's statement as required;

L.

The existing use or uses of the property;

M.

The proposed use or uses of the property;

N.

The tree planting proposed;

O.

Statement from owner of record, if different than subdivider, consenting to division of land by subdivision;

P.

Statement giving name and address of individual designated to receive all official communications regarding the subdivision.

(Ord. 550 (part), 1994).

The subdivider shall also complete and submit with the vesting tentative map an environmental questionnaire to be provided by the planning department.

(Ord. 550 (part), 1994).

The subdivider shall provide complete design information with the vesting tentative map to permit the planning staff and the planning commission to review the proposed design and improvements. The information submitted shall include at least the following items:

A.

A detailed drainage analysis prepared by a registered engineer which determines the hydraulic grade line for the drainage facilities serving the subdivision, and demonstrates that the proposed drainage improvements conform to city standards;

B.

Street and grading plans prepared by a registered engineer which show that the proposed street grades and building pad elevations are consistent with the drainage design, and conform to city standards;

C.

A soils report prepared by a registered engineer which demonstrates that the proposed site grading and street structural section conform to city standards, and that building foundations are in accordance with building code requirements and city standards;

D.

Complete sewer plans which demonstrate that gravity sewer service can be provided to the proposed buildings and facilities without exceeding the design capacity of the existing sewer facilities, when designed in accordance with city standards;

E.

Architectural plans, elevations and/or renderings sufficient for the architectural review of the buildings proposed to be constructed on the property being subdivided;

F.

A copy of all covenants, conditions and restrictions which may be placed on the proposed subdivision which may effect the use, appearance or condition of the project;

G.

Engineer's estimate of cost for all proposed improvements, itemized in sufficient detail to permit separation of the costs for the purpose of computing applicable fees;

H.

All other applicable design information which may be required by other sections of this title, applicable city standards, codes or regulations.

(Ord. 550 (part), 1994).

The authorized representative of the planning department will examine the vesting tentative map, design information, subdivider's statement, and environmental questionnaire upon or soon after submittal and shall, within thirty calendar days, determine in writing whether such application is complete. The planning staff will immediately transmit such determination to the subdivider, specifying those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.

(Ord. 550 (part), 1994).

At the time a vesting tentative map is submitted to the planning department, the subdivider/applicant shall pay the appropriate fees as prescribed by resolution of the city council.

(Ord. 550 (part), 1994).

Upon finding the application complete, the authorized representative of the planning department will conduct an initial study environmental review of the subdivision, as required by city and State EIR Guidelines, as amended, and will determine within thirty calendar days what further environmental documentation is necessary, prior to approval of the vesting tentative map. The planning staff will immediately transmit such determination to the subdivider.

(Ord. 550 (part), 1994).

Upon completion of the initial environmental study, the planning department shall either:

A.

(EIR not required.) Prepare required environmental document, i.e., notice of exemption or negative declaration. Transmit the requested number of copies of the vesting tentative map, together with accompanying data to such public agencies, utility companies and other departments as may be concerned. Each of the public agencies, utilities and other departments shall, within twenty-one days from

receipt of a copy of a vesting tentative map, forward to the planning department a written report of its findings and recommendations thereon. If a reply is not received within the time allowed by this section, it will be assumed that the map conforms to the requirements of the public agency or utility company concerned. Responsible agencies as defined in Section 15039 of the State EIR Guidelines shall be given an opportunity to comment on any proposed negative declaration prior to its adoption. If any responsible agencies are state agencies, a proposed negative declaration shall be circulated through the State Clearinghouse as required by Section 15161.5(a) of the State EIR Guidelines.

B.

(EIR required.) Prepare a notice of preparation and distribute as prescribed in the State EIR Guidelines.

(Ord. 550 (part), 1994).

The planning staff will prepare or oversee the preparation of any environmental documents required for the subdivision. Such documents will be completed and acted upon by the city council within the time periods prescribed in Section 15054.2 of the State EIR Guidelines.

(Ord. 550 (part), 1994).

A vesting tentative map shall not be deemed received for filing under the Map Act until the environmental documentation required by the California Environmental Quality Act has been completed.

(Ord. 550 (part), 1994).

Upon its finding that the vesting tentative map is in compliance with the standards and requirements of this chapter, is accompanied by the required fees and data including any necessary environmental documents, and that reports from departments and agencies concerned have been received, the planning staff will officially file the vesting tentative map. The planning staff will review the vesting tentative map, and the recommendations of the various agencies involved, and will provide the subdivider or his duly authorized representative with information regarding the map and agency comments within ten days from the date of the official filing of the vesting tentative map. The planning staff will prepare a report to the planning commission on the vesting tentative map for further proceedings in accordance with the provisions of this title, said report to represent the recommendations of the various departments consulted by the planning staff as well as taking into consideration other recommendations made by other interested agencies. The report will also discuss the conformity of the vesting tentative map to the provisions of the general plan, the zoning ordinance, and all regulations of the city. Any report of recommendations on the vesting tentative map will be served on the subdivider at least three days prior to any hearing or action on such map by the planning commission or the city council. Such required submission in writing shall be deemed complied with when such reports or recommendations are placed in the mail, directed to the subdivider at the address designated in the subdivider's statement with postage prepaid.

(Ord. 550 (part), 1994).

16.16.150 - Planning commission hearing on environmental document.

After appropriate notice of public hearing, pursuant to Paragraph G of the city environmental review guidelines, the planning commission shall hold a public review of draft environmental impact reports or negative declarations and shall solicit input from interested members of the public. Approval of the environmental document is necessary prior to any formal action on the vesting tentative map.

(Ord. 550 (part), 1994).

The planning staff will give notice of the planning commission hearing to review the vesting tentative map at least ten days prior to the date of the hearing by:

A.

Publication of notice of public hearing;

B.

Posting the subject property with the notice of public hearing; and

C.

Mailing to the property owners of record of property located within three hundred feet of the boundary of the subject property the notice of public hearing.

(Ord. 550 (part), 1994).

16.16.170 - Planning commission action-Vesting tentative map.

The planning commission shall review at a public hearing the vesting tentative map within fifty days after the official filing thereof, unless such time is extended by agreement with the subdivider.

A.

Findings-Determination. If the planning commission finds that the proposed map complies with the requirements of this title, and the Subdivision Map Act and the zoning ordinance of the city, it shall recommend approval of the vesting tentative map. The planning commission shall recommend denial of the vesting 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 improvements of the proposed subdivision are not consistent with applicable general and specific plans;

3.

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

4.

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

5.

That the design of the subdivision or the proposed improvements are likely to cause a significant adverse effect on the environment and no mitigation measures are available to reduce or eliminate the significant adverse effect;

6.

That the design of the subdivision or the type of improvements are 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 planning commission may recommend approval of the 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 granted to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

B.

Report to Subdivider. The planning commission recommendation will be reported to the subdivider or designated representative, within ten days of the hearing.

C.

Report to the City Council. Following the hearing by the planning commission, a copy of the vesting tentative map, together with the environmental documents and a copy of the planning commission recommendations thereon, shall be transmitted to the city council within fourteen days of the hearing.

D.

Extension of Time for Preparation of Environmental Impact Report. Notwithstanding the requirements of this subsection for making the report required to be made by the planning commission, if an environmental impact report is prepared for the vesting tentative map, the planning commission shall render its report within forty-five days after certification of the environmental impact report.

(Ord. 550 (part), 1994).

A.

Hearing by City Council. At the next regular meeting of the city council following the filing of the planning commission report with the city council, the city council shall set a date for a public hearing for the consideration of the vesting tentative map, which date shall be within thirty days thereafter, and the city council shall approve, conditionally approve, or disapprove the vesting tentative map within the thirty-day period.

B.

The planning staff will give notice of the city council hearing to review and approve, conditionally approve or disapprove the vesting tentative map at least ten days prior to the date of the hearing by:

1.

Publication once in a newspaper of general circulation within the city;

2.

Mailing to the owner of the subject real property, or the owner's duly authorized agent, and to the project applicant;

3.

Mailing to Corning Union Elementary School District and Corning Union High School District; and

4.

Mailing to the property owners of record, pursuant to Government Code Section 65091, of property located within three hundred feet of the boundary of the subject property the notice of public hearing.

C.

Request for Reconsideration of City Council Action. Any aggrieved person may request that the city council reconsider its determination on the vesting tentative map in accordance with Chapter 16.32 of this title, entitled "Reconsideration of Decision."

(Ord. 550 (part), 1994).

16.16.190 - Vesting on approval of vesting tentative map.

A.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2.

However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B.

Notwithstanding subsection (A) of this section, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

1.

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

2.

The condition or denial is required, in order to comply with state or federal law.

C.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is approved, these rights shall last for the following periods of time:

1.

An initial time period of twelve months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for the phase is recorded.

2.

The initial time period set forth in subdivision (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed.

3.

A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision (1) of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen days.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this subsection, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 550 (part), 1994).

A.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.16.190(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B.

The rights conferred by this section shall be for the time periods set forth in Section 16.16.190(C).

(Ord. 550 (part), 1994).

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in this chapter, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. 550 (part), 1994).

Chapter 16.18 - FINAL MAPS AND PARCEL MAPS

Sections:

16.18.010 - Filing final map.

A.

An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditioned approval.

B.

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 the tentative map shall be filed without first processing a new tentative map.

C.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for an initial period of two years. Additional extensions, upon application of the subdivider, are available for a period or periods not to exceed the limits established by Section 66452.6 (e), or any amendments thereto, of the California Government Code. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within fifteen days after the advisory agency denied the extension.

(Ord. 550 (part), 1994).

(Ord. No. 634, 4-28-2009)

16.18.020 - Fees.

At the time of filing of the final or parcel map, the subdivider shall pay a filing fee to the planning department. Said fee shall be prescribed by resolution of the city council.

(Ord. 550 (part), 1994).