Fresno County Municipal Code Ch. 17.28 Tentative Maps

Footnotes:

--- (4) ---

State Law reference— For statutory provisions relating to tentative maps, see Bus. & Prof. Code § 11550 et seq.

A. Any person desiring to subdivide land in the county shall first submit to the resources and development department as many copies of the tentative map and the subdivider's statement as may be required by the resources and development department.

B. Optional alternative tentative maps may be filed at the same time. Each filing shall constitute a separate action. A filing fee as set forth in Section 17.56.010 shall be required for each tentative map filed. In the event that a new tentative map is filed or an approved tentative map is revised and subsequently approved by the commission, the most recently approved tentative map shall constitute the only recognized tentative map in the consideration of the final map.

C. No tentative map shall be considered as filed until an assessment for environmental impact has been prepared in accordance with procedures for implementation of the California Environmental Quality Act of 1970 as adopted by Fresno County.

(Ord. 0-81-002, § 27; Ord. 613, § 7, 1980; Ord. 520-A-14, § 12, 1975; prior code, § 700.400)

Prior to the filing of a tentative map, the subdivider shall submit the tentative map and the subdivider's statement, and any other information that the subdivider deems necessary to sufficiently describe the proposed development to the resources and development department for examination as to conformity with the provisions of Chapter 17.04 through 17.60. Where discrepancies exist the resources and development department may return the map to the subdivider for correction, revision or submission of a petition for exception. The tentative map shall be accepted for filing when it is in full compliance with the provisions of Chapters 17.04 through 17.60.

(Ord. 0-81-002, § 27; prior code, § 700.401)

Revised and alternate tentative maps shall contain thereon the word "Revised" or "Alternate ___________" after the tentative track number.

(Prior code, § 700.402)

Tentative maps shall be to a scale of one inch equals one hundred feet; except the subdivisions with lots of two acres or greater may use a scale of one inch equals two hundred feet.

The director of resources and development may require one inch equals fifty feet if complexity of detail so warrants. The maps shall be clearly and legibly reproduced.

(Ord. 0-81-002, § 28; prior code, § 700.403)

The tentative map shall show and contain the following matters as an aid to the planning commission and board of supervisors in their consideration of the design of the subdivision:

A. The tract number (and tract name, if any);

B. Date of preparation, north point and scale;

C. Name, address and telephone number of the subdivider, the record owner and the person or persons preparing the map;

D. A sufficient legal description of the land as to define the boundaries of the proposed tract;

E. A site location map where necessary to locate the tract;

F. Approximate ties to section corner or other known point;

G. The boundary lines of the subdivision to be shown as required on the final map;

H. The approximate layout, dimensions and numbers of lots;

I. The approximate acreage of the subdivision;

J. Ownership division lines of abutting properties as shown on the latest assessor's parcel map and tract number (and name, if any of adjoining subdivisions;

K. Identification of lots in proposed subdivision as to proposed use. If property is to be used form more than one purpose, the area, lot or lots proposed for each type of use shall be shown. Identification of proposed public uses, if any;

L. The approximate location of trees and the location and outline to scale of buildings and structures which are not be moved in the development of the subdivision (wooded areas and orchards may be indicated as such without locating each individual tree);

M. The locations, names and existing right-of-way widths of all adjoining highways, roads and alleys. The centerline and gutterline elevations of the adjoining streets shall be shown at every change in grade;

N. The location, widths and approximate gradients of all highways, roads and alleys proposed within the tract;

O. Each road shown by its actual name or by a temporary name or letter for purposes of identification until the proper name of such road is determined;

P. The approximate radaii of all curves;

Q. Location of marginal or dividing strips, if any;

R. The widths and approximate locations of all existing or proposed easements or rights-of-way within the subdivision or along its boundaries, whether public or private, for roads, railroads, drainage, stormwater, irrigation canals, sewers or public utility purposes;

S. Accurate contours shall be shown, drawn to intervals prescribed in the county standards adopted by the board of supervisors. Said contours shall be extended into adjacent property a sufficient distance to establish proper topographical relationships;

T. Approximate location of all areas subject to inundation or stormwater overflow and the locations, widths and direction of flow of all watercourses;

U. The proposed surface water drainage flow;

V. Proposed method of sewage disposal;

W. Elevation of existing sewer lines at points of proposed connection;

Y. In hillside areas where slopes exceed ten percent in any portion of the tract, the following may be required when deemed necessary by the director:

1. Centerline profiles of proposed roads,

2. Where grading is to occur, plans showing the relationships of cuts or fills on each lot to the existing topography,

3. A geological survey showing:

a. Centerline profiles of proposed roads,

b. The effects of these proposed modifications upon future geological processes in the area,

4. The location of surface rock formations,

5. The manner in which access will be provided from the public road to each lot;

Z. For residential subdivisions, a statement indicating how the subdivision map design provides, to the extent feasible, for passive and natural heating or cooling opportunities and for other measures that conserve nonrenewable energy resources.

AA. Approximate location of any area within one-quarter mile which is identified as MRZ-2 on the general plan. If all of an area identified as MRZ-2 lies within the boundaries of the tentative map, a note stating that condition shall be placed conspicuously on the map;

AB. Identification of a "designated remainder" or omitted parcel. Any of the material required by the foregoing subsections which cannot be placed legibly and completely on the tentative map shall be shown on separate sheets or contained in a written statement accompanying the map.

(Ord. 95-020, § 4, 1995; Ord. 88-007, § 3; Ord. 0-83-019, § 3; Ord. 520-A-14, § 13, 1975; prior code, § 700.404)

A subdivider's statement shall accompany the tentative map on forms provided by the resources and development department and shall contain the following:

A. The total acreage of the tract, the total number of lots in the tract and the minimum lot size (in square feet when less than and acre);

B. The existing and proposed use of the property;

C. The existing and proposed zoning on the property;

D. Existing structures on the property;

E. Existing easements on the property;

F. Statement regarding improvements with reasons for any modifications or exceptions to the provisions of Chapter 17.04 through 17.60;

G. Statement regarding type of street trees to be planned with intervals of spacing;

H. Proposed drainage, flood control measures and method of storm water disposal;

I. Provisions for proposed fire hydrants, the proposed source of water supply, and the location and nature of sewage disposal facilities. Where public sewers are not available and where private sewage disposal systems will be utilized, there shall be submitted with the tentative map sufficient log of borings and/or percolation tests to permit the health department to make a recommendation regarding lot size and design;

J. Statement regarding other public utilities and services;

K. Statement regarding restrictive covenants;

L. Name, address phone number and signature of the subdivider, owner, agent and engineer;

M. Certification by the subdivider or owner that he:

1. Is the owner of the property on the map as proposed for subdivision, has examined the map and consents to its submission, or

2. Has an option or contract to purchase the property, or that portion thereof, which he does not own.

(Ord. 0-81-002, § 29; prior code, § 700.405)

A. Before filing a tentative map, the subdivider or his authorized agent shall obtain from the county clerk-recorder the assignment of a number for the tract to be subdivided. These numbers shall be assigned in consecutive order.

B. When a tract number has been assigned, the subdivider shall place the same upon each sheet of the tentative and final map of the subdivision and the number shall not thereafter be changed or altered in any manner upon the tentative and final map of the subdivision unless and until a new number has been assigned in the manner provided above.

(Prior code, § 700.406)

Copies of the tentative map shall be submitted by the resources and development department to the review agencies, for their review and report thereon, as designated by resolution of the planning commission.

(Ord. 0-81-002, § 30; prior code, § 700.407)

Upon receipt of a copy of such tentative map, each review agency shall examine the map to ascertain if the subdivision proposed thereon conforms to the requirements coming within the authoritative scope of that agency and within ten days after receipt thereof make a written report to the resources and development department.

(Ord. 0-81-002, § 31; prior code, § 700.408)

The director of resources and development, director of planning, director of public works and health officer shall be deemed to be and are empowered to act as subdivision review committee. The committee shall meet on regularly designated dates and shall, at these meetings, inform the subdivider of the departmental recommendations and requirements on design and improvements. The subdivision review committee shall report its recommendation in writing to the planning commission and mail a copy thereof to subdivider at least four days prior to planning commission hearing.

(Ord. 0-81-002, § 31; Ord. 520-A-14, § 14, 1975; prior code, § 700.409)

The planning commission shall consider the tentative map and take action to approve, conditionally approve or disapprove the tentative map. For those tentative maps heard concurrently with other applications requiring board approval, the commission shall take action to recommend to the board of supervisors that the board approve, conditionally approve or disapprove the tentative map. The commission shall by resolution report its action to the subdivider, director of public works, and the board of supervisors not later than twenty days following such action. Whenever a public hearing is held pursuant to this section, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision shall be given at least ten days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation, published in Fresno County and circulated in the area of proposal.

(Ord. 613, § 8, 1980; Ord. 520-A-15-a7, § 1, 1979; Ord. 520-A-14, § 15, 1975; prior code, § 700.410)

A. The subdivider, any person aggrieved, a county department director or a member of the board may appeal any decision of the commission to the board by filing a written notice of appeal with the clerk of the board within fifteen days of the commission's action. Such appeal shall set forth the reasons therefor.

B. The hearing date of appeals shall be set by the clerk of the board for not less than fifteen nor more than thirty days after the filing of an appeal.

C. The board shall, not less than ten days after the legal notice of public hearing on a tentative tract permit, hold the public hearing.

D. The board may approve, approve with stated conditions, or disapprove the tentative tract application by resolution. The board may add to or delete any of the conditions, or approved by the commission. Such decision shall be made within ten days of the hearing.

E. A copy of the board resolution shall be mailed to the subdivider at the address shown on the application.

F. The decision of the board shall be final unless an appeal therefrom is filed with a court of competent jurisdiction within fifteen days after the board resolution date.

(Ord. 613, § 9, 1980)

The board of supervisors, at its next regular meeting following the receipt of the planning commission's recommendation for a tentative map filed and heard concurrently with another application requiring board approval, or for a tentative map on appeal, shall fix the meeting date at which the tentative map will be considered. Following the fixing of the hearing date, the board shall approve, conditionally approve, or disapprove the map within a thirty-day period. The board shall report its action to the subdivider, the planning commission and the director of public works not later than ten days following such action.

(Ord. 613, § 10, 1980; Ord. 520-A-14, § 16, 1975; prior code, § 700.411)

The time limit for acting and reporting on tentative maps as specified in Sections 17.28.090, 17.28.110, 17.28.120 and 17.28.150 may be extended by mutual consent of the subdivider and the board of supervisors or planning commission, as the case may be.

(Ord. 613, § 11, 1980; prior code, § 700.412A)

A. If no action is taken by the planning commission to approve, conditionally approve or disapprove a tentative map within the time limits specified in Section 17.28.110 or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with the State Map Act and all county ordinances, and it shall be the duty of the secretary of the planning commission to certify the approval.

B. For those tentative maps filed concurrently with other applications requiring board approval, the secretary of the planning commission shall certify approval of the tentative map and transmit the application to the board of supervisors.

(Ord. 613, § 12, 1980; Ord. 520-A-14, § 17, 1975; prior code, § 700.412B)

Upon receipt of a tentative map not acted upon by the planning commission, the board shall set for hearing and consider the map in the same manner as provided for in Section 17.28.120 to approve, approve with conditions or disapprove the tentative map.

(Ord. 613, § 13, 1980; Ord. 520-A-14, § 18, 1975; prior code, § 700.412C)

If no action is taken by the board of supervisors within these time limits, the tentative map as filed and approved by the planning commission is deemed to be approved, and it is the duty of the clerk of the board to so certify.

(Ord. 613, § 14, 1980; prior code, § 700.412D)

A. Failure to record a final map within eighteen months from the date of approval or conditional approval of the tentative map or within any extension of time thereof granted by the planning commission shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted.

B. Upon application by the subdivider, filed with the secretary to the planning commission prior to the expiration date of the tentative approval, an extension for a period or periods not to exceed a total of two years may be granted by the commission.

(Ord. 613, § 15, 1980; Ord. 520-A15-a7, § 2, 1979; prior code, § 700.413)