Huron Municipal Code Ch. 16.16 Tentative Maps

A. Any person desiring to subdivide land in the County shall first submit to the secretary of the planning commission ten (10) copies of the tentative map and the subdivider's statement.

B. Optional alternative tentative maps may be filed at the same time. Each filing or each alternative tentative map shall constitute a separate action. A filing fee as set forth in Chapter 16.32 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 City, the most recently approved tentative map shall constitute the only recognized tentative map in the consideration of the final map.

(Ord. 194 § 501, 1983)

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 secretary of the planning commission for examination as to conformity with the provisions of this title. Where discrepancies exist, the secretary of the planning commission 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 this title.

(Ord. 194 § 502, 1983)

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

(Ord. 194 § 503, 1983)

The tentative map shall be clear and legible. The size of the sheet shall be eighteen (18) inches by twenty-six (26) inches.

(Ord. 194 § 504, 1983)

A. Tentative maps shall be to a scale of one (1) inch equals one hundred (100) feet; except that subdivisions with lots of two and one-half (2½) acres or greater may use a scale one (1) inch equals two hundred (200) feet.

B. The city engineer may require a scale of one (1) inch equals fifty (50) feet if complexity of detail so warrants. The maps shall be clearly and legibly reproduced.

(Ord. 194 § 505, 1983)

The tentative map shall show and contain the following information:

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 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 subdivision;

K. Identification of lots in the proposed subdivision as to the existing proposed use. If property is to be used for more than one (1) 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 (wooded areas and orchards may be indicated as such without locating each individual tree) and a description of their proposed disposition.

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 radii 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 City standards adopted by the city council. 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 storm water, overflow and the locations, widths and direction of flow of all watercourses;

U. The proposed surface water drainage flow;

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

W. The source of water supply and the lot to be used for the community water supply, if any;

X. Proposed phasing of development.

(Ord. 194 § 506, 1983)

A subdivider's statement shall accompany the tentative map on a form provided by the secretary of the planning commission, 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 an 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 this title;

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

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

I. Provisions for proposed fire hydrants, the proposed source of water supply, and the location and nature of sewerage disposal facilities;

J. Statement regarding other public utilities and services;

K. Statement regarding restrictive covenants;

L. Statement regarding whether the subdivider intends to file multiple final maps on the tentative maps;

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

N. Certification by the owner that he or she is the owner of the property on the map as proposed for subdivision, has examined the map, and consents to its submission;

O. Deed restrictions, covenants or conditions, if any, which it may be proposed to impose on the property;

P. A soil report, as required by Section 16.20.040.

(Ord. 194 § 507, 1983)

A. Before filing a tentative map, the subdivider or his or her authorized agent shall obtain from the Fresno County 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 plat 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.

(Ord. 194 § 508, 1983)

Copies of the map shall be transmitted to the following:

A. Planning commission (two (2) copies);

B. City council;

C. Affected regulatory agencies; and

D. Affected school districts, as provided in Section 16.16.100.

(Ord. 194 § 509, 1983)

A. Within ten (10) days of the filing of a tentative map, the secretary of the commission shall send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located.

B. Such notice shall contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district.

C. The governing board of the school district may review the notice and may send a written report thereon to the City. If a written report is made by the governing board of the school district, the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the school district deems appropriate. If a written report is made by the governing board of the school district, such report shall be returned within twenty (20) working days of the date on which the notice was mailed to the school district for comment.

D. In the event that the governing board of a school district fails to respond within the twenty (20) day period, such failure to respond shall be deemed its approval of the proposed subdivision.

(Ord. 194 § 510, 1983)

Upon receipt of a filed 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 authority scope of that agency and within fourteen (14) days after receipt thereof make a written report to the secretary of the planning commission.

(Ord. 194 § 511, 1983)

The city administrator, planning director, superintendent of public works, city building official, city engineer and chief of police shall be deemed to and are empowered to act as the subdivision review committee. The committee shall meet and shall formulate recommendations and requirements on the design and improvements of subdivisions. The subdivision review committee shall report its recommendation in writing to the planning commission and city council and to the subdivider at least three (3) days prior to any hearing or action on a tentative map by the planning commission or city council.

(Ord. 194 § 512, 1983)

A. Within fifty (50) days of the filing of a tentative map or forty-five (45) days after the certification of an environmental impact report (EIR) on the final map, with the secretary of the planning commission, the planning commission shall hold a public hearing on said tentative map and, following the public hearing, take action by written resolution to recommend to the city council to approve, conditionally approve or disapprove the tentative map.

B. Notice of the time and place of any public hearing on a tentative map, including a general explanation of the tentative map and the area affected by it, shall be given by the planning commission or its secretary at least ten (10) calendar days before the hearing in the following manner:

1. The notice shall be published at least once in a newspaper of general circulation, published in the City of Huron and circulated in the City of Huron.

2. The notice shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the latest equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the tentative map.

3. The notice shall be given by mail or delivery to all persons, including businesses, corporations or other public or private entities, who have in writing, requested said notice from the secretary of the planning commission, or whose property rights, in the judgement of the planning commission or its secretary, may be substantially affected, deprived or interfered with, as a result of a decision on a tentative map.

C. The following rules shall govern the conduct of public hearings held pursuant to this section.

1. Public hearings provided for in this section shall be held at the time and place for which such hearings were set and notices thereof given.

2. Any such hearing may be continued by the majority of the members present at any hearing who may fix the time and place to which such hearing may be continued, even in the absence of a quorum, in which case the presiding officer at such hearing shall publicly announce prior to the conclusion of the hearing, the time and place to which the hearing is to be continued, and no further notice shall be required. In the absence of all of the members of the commission, at the time and place which such hearing was set, it shall be deemed continued to the next regular meeting of the commission, and no further notice shall be required.

3. A majority in number of the total voting membership of the commission shall constitute a legal quorum for the purposes of conducting a hearing.

4. The recommendation of the commission on a tentative map shall be by a resolution of the commission, carried by the affirmative votes of not less than a majority of its total membership. A tie vote shall be considered a technical denial.

5. The commission shall have the authority to establish any reasonable rules of procedure for the conduct of such hearings. The commission may require any person who is to testify before it to be placed under oath, in which case the member presiding at such hearing shall be empowered to administer such oath.

6. The commission shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

(Ord. 194 § 513, 1983)

The commission, in its report to the city council, shall review the subdivision design and the map, and shall recommend the kind, nature and extent of the improvements and dedications to be required, and easements to be furnished by the subdivider.

(Ord. 194 § 514, 1983)

A. The city council, at its regular meeting following receipt of the planning commission's report on a tentative map, shall fix the meeting date at which it will hold a public hearing on the tentative map. The public hearing shall be held, and a decision of the council to approve, conditionally approve, or disapprove the tentative map shall be made within thirty (30) days of receipt of the report of the planning commission.

B. Notice of the time and place of the city council hearing shall be given in the same manner as set forth in Section 16.16.130.

C. The decision of the city council on a tentative map shall be by written resolution, a copy of which shall be transmitted to the subdivider and the planning commission not later than ten (10) days following such decisions.

(Ord. 194 § 515, 1983)

If no action is taken by the commission within the maximum time allowed for the filing of its report, or any extension thereof, the council may upon its own motion consider said map at a hearing within ten (10) days, or at its next succeeding regular meeting.

(Ord. 194 § 516, 1983)

If no action is taken by the city council to approve, conditionally approve or disapprove the tentative map within the time limits specified in Section 16.20.010, any authorized extension thereof, the tentative maps as filed, shall be deemed to be approved, insofar as it complies with the Subdivision Map Act and all City ordinances, and it shall be the duty of the city clerk to certify such approval.

(Ord. 194 § 517, 1983)

The date of approval of the tentative map shall be deemed to be the date of adoption of the resolution of the council declaring approval or conditional approval of the tentative map; provided, that if the council shall fail to act on the tentative map and the approval thereof is certified by the clerk, the date of such approval shall be deemed to be upon the last day of the maximum period of time as would be allowed for action by the council as provided in this title. The date of such approval of the tentative map shall be certified by the clerk on the face of the tentative map.

(Ord. 194 § 518, 1983)

A. An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval, or after such additional period of time not to exceed an additional twelve (12) months.

B. The period of time specified in subsection A of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

C. The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved by the city council pursuant to this section. Within ten (10) days of the service of the initial petition or complaint in the lawsuit upon the City, the subdivider may apply to the City for a stay pursuant to the City adopted procedures. Within forty (40) days after receiving the application, the City may either stay the time period for up to five (5) years or deny the requested stay.

D. 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 with the city council pursuant to Section 66457 of the Subdivision Map Act without first processing a new tentative map.

E. 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 city council or by the planning commission authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of three (3) years. If the planning commission denies a subdivider's application for extension, the subdivider may appeal to the city council within fifteen (15) days after the planning commission has denied the extension.

F. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, other than the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits or delays the approval of a final or parcel map.

(Ord. 194 § 519, 1983)

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: (a) the subdivider, at the time the tentative map is filed, informs the advisory agency of the local agency, of the subdivider's intention to file multiple final maps on such tentative map; or (b) after filing of the tentative map, the local agency and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. The right of the subdivider to file multiple final maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 194 § 520, 1983)

The time limit for acting and reporting on tentative maps as specified in Section 16.20.010 may be extended by mutual consent of the subdivider and the planning commission or city council, as the case may be.

(Ord. 194 § 521, 1983)