Chapter 16.16 — VESTING TENTATIVE MAPS

16.16.015 Oversizing improvements - Reimbursement

16.16.020 Submittal.

16.16.030 Form of map - Size and scale.

16.16.040 Form of map - Information required.

16.16.050 Form of map - Subdivider's statement required.

16.16.060 Form of map - Environmental review forms required.

• 16.16.070 Design information required.

• 16.16.080 Acceptance.

• 16.16.090 Fees.

• 16.16.100 Environmental review.

• 16.16.110 Distribution.

16.16.120 Preparation of environmental documents.

16.16.130 Application - Deemed not received.

16.16.140 Filing.

16.16.150 Notification of public hearing - Vesting Tentative Map.

• 16.16.160 Planning Commission action - Vesting Tentative Map.

• 16.16.170 City Council action - Vesting Tentative Map.

• 16.16.180 Vesting on approval of Vesting Tentative Map.

This title is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California referred to in this title as the Vesting Tentative Map Statute. Prior to the preparation of a Vesting Tentative Map, the subdivider is encouraged to consult with the Planning Department 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. A conference will be scheduled with the subdivider to discuss the preliminary map and make recommendations concerning the submittal of a Vesting Tentative Map.

(Ord. 824-2016 § 6 (part), 2017)

As a condition of approval of a Vesting Tentative Map, it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity, or number for the benefit of adjacent property not within the subdivision, and that said improvements be dedicated to the public. If such condition is imposed, provision for reimbursement to the subdivider shall be provided in the manner set forth in the Subdivision Map Act. The City may, at its discretion, determine that the oversized improvements do not benefit adjacent properties or the City in general and may not reimburse the subdivider for such improvements if such a condition is not imposed.

(Ord. 824-2016 § 6 (part), 2017)

An application for division of land shall include copies of the Vesting Tentative Map, a statement of the proposed division of land, a completed environmental questionnaire, and an administrative fee in an amount to be established by resolution of City Council.

(Ord. 824-2016 § 6 (part), 2017)

Vesting Tentative Maps shall be prepared pursuant to the requirements of the Subdivision Map Act. The City may require further details based on the nature of the project. Mapping shall be drawn at such a scale for legibility and clear identification of all existing conditions.

(Ord. 824-2016 § 6 (part), 2017)

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 subdivision/tract/parcel name or number, date, north symbol, scale and sufficient description to define location and boundaries of the proposed subdivision development.

• 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 (10th) 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 proposed 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 rights-of 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 100-year storm occurrence and as available from the California Department of Water Resources, the 200 year storm occurrence.

• S. Typical section of the proposed street improvements.

• (Ord. 824-2016 § 6 (part), 2017)

A written statement by the subdivider shall be prepared accompanying the Vesting Tentative Map containing 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, natural gas distribution, and any communication lines.

• 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. 824-2016 § 6 (part), 2017)

The subdivider shall also complete and submit with the Vesting Tentative Map an environmental questionnaire to be provided by the Planning Department.

• (Ord. 824-2016 § 6 (part), 2017)

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, determining, the hydraulic grade line for the drainage facilities serving the subdivision, demonstrating that the proposed drainage improvements conform to City standards.

B. Street and grading plans, prepared by a registered engineer, delineating 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, demonstrating 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 affect 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. 824-2016 § 6 (part), 2017)

16.16.080 Acceptance.

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 (30) calendar days, determine in writing whether such application is complete. The Planning Department 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. 824-2016 § 6 (part), 2017)

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. 824-2016 § 6 (part), 2017)

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 CEQA, as amended, and will determine within thirty (30) calendar days what further environmental documentation is necessary, prior to approval of the Vesting Tentative Map. The Planning Department will immediately transmit such determination to the subdivider.

(Ord. 824-2016 § 6 (part), 2017)

Upon completion of the initial environmental study, the Planning Department shall either:

A. Environmental Impact Report 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 (21) 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 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.

B. Environmental Impact Report required: Prepare a Notice of Preparation and distribute as prescribed in the CEQA Guidelines.

(Ord. 824-2016 § 6 (part), 2017)

The Planning Department 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 the CEQA Guidelines.

(Ord. 824-2016 § 6 (part), 2017)

A Vesting Tentative Map shall not be deemed received for filing under the Map Act until the environmental documentation required by CEQA has been completed.

(Ord. 824-2016 § 6 (part), 2017)

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 Department will officially file the Vesting Tentative Map. A review of the Vesting Tentative Map, and the recommendations of the various agencies involved, will be provided to the subdivider or his duly authorized representative with information regarding the map and agency comments within ten (10) days from the date of the official filing of the Vesting Tentative Map. The Planning Department 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 Department 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 (3) 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. 824-2016 § 6 (part), 2017)

The Planning Department will give notice of the Planning Commission hearing to review the Vesting Tentative Map at least ten (10) days prior to the date of the hearing by:

A. Publication of notice of public hearing;

B. Mailing to the property owners of record of property located within three hundred (300) feet of the boundary of the subject property the notice of public hearing.

(Ord. 824-2016 § 6 (part), 2017)

The Planning Commission shall review at a public hearing the Vesting Tentative Map within fifty (50) 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 the General Plan the Subdivision Map Act, and the Gridley Municipal Code it shall recommend approval of the Vesting Tentative Map to the City Council. 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 the General Plan or the Gridley Municipal Code.

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.

• B. The Planning Commission recommendation will be reported to the subdivider or designated representative, within ten (10) days of the hearing.

C. Following the hearing by the Planning Commission, a copy of the Vesting Tentative Map, together any required environmental documents and a copy of the Planning Commission recommendations thereon, shall be transmitted to the City Council. (Ord. 824-2016 § 6 (part), 2017)

A. Subsequent to a recommendation by the Planning Commission, the Planning Department shall notice and schedule a public hearing with the City Council to consider the Vesting Tentative Map.

B. The Planning Department will give notice of the City Council hearing to review and approve, conditionally approve or disapprove the Vesting Tentative Map at least ten (10) 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 property owners of record of property located within three hundred (300) feet of the boundary of the subject property, as shown on the last equalized assessment roll, 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 16.30 entitled "Reconsideration of Decision." (Ord. 824-2016 § 6 (part), 2017)

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 in effect at the time the Vesting Tentative Map is approved or conditionally approved.

B. Notwithstanding subdivision (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 12 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 30 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 (15) 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. 824- 2016 § 6 (part), 2017)