Delano Municipal Code Ch. 16.28 Tentative Map

A tentative map shall be prepared in accordance with the Subdivision Map Act and the provisions of this chapter. Fifteen copies shall be filed with the planning division. Such filing shall be prior to the final survey of streets and improvements and before any grading or construction work is started within the subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Pursuant to Section 66453 of the Government Code, the city may make recommendations concerning proposed subdivisions in any adjoining unincorporated territory provided such subdivisions are within three miles of the exterior boundary of the city or within the city's sphere of influence, whichever is less. The city shall file with Kern and Tulare Counties maps indicating the territory in which the city desires to make such recommendations.

After receiving such tentative maps, the city shall make its recommendation to the agency having jurisdiction of the subdivision within fifteen days after receipt of such tentative map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Any subdivider may file with the city the tentative map of a proposed subdivision of unincorporated territory adjacent to the city. The map, in the discretion of the city, may be acted upon in the manner provided in Section 16.28.020 et seq. of this chapter, except that if it is approved, such approval shall be conditioned upon annexation of such property to the city within such period of time as shall be specified by the city, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by the city shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by a city unless annexation thereof to the city is completed prior to the approval of the final map thereof.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

No parcel or tentative map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of Title 19 of this Code and resolutions implementing this title.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A subdivision committee shall review the map with a representative of the subdivider present at the time the tentative map is reviewed. The committee shall consist of the following persons or their duly authorized representatives: City engineer/director of public works, fire chief, secretary-manager of Southern San Joaquin Municipal Utility District, director of parks and recreation, and the community development director who shall serve as chairman of the committee.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The tentative map shall be accompanied by a preliminary title report pertaining to the land being subdivided in addition to plans and a written report from the subdivider giving essential information regarding the following matters:

A. Existing use or uses of property, including the location of all existing structures to remain on property;

B. Subdivision development plan including proposed land use and zoning;

C. Type of street improvements the subdivider proposes to install;

D. Utilities, including source of water supply;

E. Proposed method of sewage disposal;

F. Provision of drainage and surface water disposal;

G. Protective covenants to be recorded;

H. Type of tree planting proposed;

I. Proposed street lighting;

J. Proposed setback lines for buildings;

K. Topographical contour lines showing the vertical elevations of the existing land with respect to the city datum;

L. Any additional information regarding the development which may be of importance to the city council;

M. Justification and reasons for any exceptions to provisions of this chapter.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Within three working days from the date of filing copies of the tentative map, they shall be distributed by the planning division to the following departments and agencies for review and report thereon:

Director of public works;

City engineer;

Fire chief;

Superintendent of public works;

Senior building inspector;

Each school district in which subdivision is located;

Kern County Health Department, if septic tanks, wells or private water systems are proposed;

Southern San Joaquin Municipal Utility District;

Southern California Edison or the franchised electrical provider (three copies);

South California Gas or the franchised natural gas provider (two copies);

SBC or the franchised telephone provider (two copies);

Real Estate Commissioner of the State of California;

Kern County Planning Commission (if adjacent to city boundary);

Other agencies as my be concerned, upon request to the planning division;

If a state highway is involved, to the District Engineer of Division of Highways, Department of Public Works.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The planning division shall cause to be certified upon the official copy of the tentative map, a statement as to the transmittals in Section 16.28.030 giving the date in each case.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The official filing date of each tentative map shall be the date of the first regular subdivision review committee meeting held after the date of receipt stamped by the planning division upon the tentative map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The planning division shall not submit to the subdivision review committee for official filing any tentative subdivision map which does not substantially comply with the zoning ordinance.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The subdivider shall cause the tentative map and other maps to be prepared by a civil engineer licensed to practice land surveying in the State of California or a licensed surveyor.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Every tentative map of a subdivision shall be clearly and legibly drawn. The size of the sheet shall not be less than eighteen by twenty-six inches. The scale of the map shall be one inch equals one hundred feet on large areas, and one inch equals fifty feet on small or irregular areas, unless otherwise permitted by the city council; and in any case shall clearly show the details thereof. The map shall contain the following data:

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

B. Key map showing adjacent property, subdivision, roads or streets, and proposed streets in subdivision;

C. Names, addresses and telephone numbers of record owner, subdivider and person preparing map;

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

E. Number of lots, average lot size, and size of smallest lot in tract;

F. Contour lines having the following intervals; one foot contour interval for ground slopes between level and five percent;

G. Locations widths and centerline slopes of all streets, highways and other trafficways in the proposed subdivision and approximate elevations at each street intersection;

H. The locations, names, existing width, slope, top curb elevation and centerline elevation at the end of the existing improvements of all adjoining and contiguous highways, streets and traffic thoroughfares;

I. Location and size of all existing pipelines and related structures, at the connection to existing pipelines show ground elevation and flow line elevations;

J. Location and character of all existing public utilities and the approximate widths and locations of all existing easements for drainage, sewerage, and public utilities together with building and use restrictions applicable thereto;

K. Approximate lot layout and approximate dimensions of each lot and lot numbers;

L. Outline of any existing building to remain and their locations in relation to existing or proposed streets and lot lines. Give floor or pad elevations when obtainable;

M. Existing use or uses and zone or zones of the property and proposed use or uses;

N. Approximate boundaries of areas subject to inundation of storm water overflow and the location, width and direction of all watercourses;

O. Typical street cross-section showing all improvements;

P. Irrigation lines and agreements where they can be reasonably obtained;

Q. All water wells with existing water right agreements where they can be reasonably obtained;

R. Location, ownership and dimensions of all parcels of land two acres or less bounded on two or more sides by the subdivision;

S. Proposed public area, if any;

T. In a subdivision which may reasonably be expected to be resubdivided in whole or in part at some future time there shall be shown in dotted lines on the tentative map, a plan of future street extensions with special consideration given to drainage;

U. A statement shall be presented by the owner in written form accompanying the map stating any restrictive covenant leases, rights-of-way, licenses, and encumbrances affecting the use of the land;

V. Proposed noncompliance with this section shall be submitted in a written explanation of the reasons for such noncompliance.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The subdivider shall file with the planning division at least ten days prior to the meeting of the subdivision review committee at which consideration of the map is desired.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Within a period of not more than fifteen days reports by the officers of each department or agency to which a copy of the tentative map has been transmitted shall be submitted to the planning division including any recommendations relating to the tentative map and its compliance or noncompliance with this title and any other matters affecting the subdivision and the city. The report shall be directed to the community development director.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Within forty days after a tentative map has been filed, the city subdivision review committee shall report in writing to the city council, its recommendation as to the approval, conditional approval, or disapproval of the map and the condition on which action is based. Such forty-day period may be extended by mutual consent of the subdivision review committee and subdivider.

The subdivider's consent to an extension of such period shall be presumed unless he makes timely objection thereto within the forty-day period or at the time the matter is continued beyond such period.

Conditional exceptions to any of the requirements of this chapter may be recommended by the subdivision review committee upon the verified petition of any subdivider stating fully the grounds of application and all the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, it is necessary that the subdivision review committee find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting the property;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C. That the granting of an exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. In recommending such exceptions, the subdivision review committee shall designate such conditions therewith as will, in its opinion, secure substantially the objective of the regulations to which the exceptions are granted as to light, air, and the public health, safety conveniences and general welfare.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Except where a time extension is mutually consented to by the city council and the subdivider, or the subdivider's consent to an extension is presumed as set out hereinabove, the city council shall, within ten days, or at its next regular meeting after receipt of the subdivision review committee report declare its findings based upon the testimony produced before it. The council may sustain, modify, reject or overrule any recommendations or rulings of the subdivision review committee and make such findings as are not consistent with the provisions of the Subdivision Map Act or the title.

A report in writing shall be sent to the subdivider, in addition a copy of the tentative map shall be sent to the Real Estate Commission of the state, together with the action taken thereon by the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).