Ione Municipal Code Ch. 16.26 Tentative Maps

The purpose of this chapter is to establish the city's regulations, standards and procedures for consideration of tentative subdivision map applications.

(Ord. No. 431, § 2, 2-2-2010)

For every subdivision, the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this chapter.

(Ord. No. 431, § 2, 2-2-2010)

A. Preliminary Design Plan. A subdivider may present for consideration by the city a preliminary design plan for informal design evaluation by the city planner and city engineer before filing the tentative map application. The preliminary design plan should include, at a minimum, the following information:

1. Street layouts indicating location and type;

2. Basic lot design and size;

3. Land use;

4. Existing natural and/or manmade features on or adjacent to the site;

5. Existing and proposed topography on or adjacent to the site.

B. Within 30 days of the filing of the preliminary design plan, the city planner and city engineer shall evaluate the plan to determine whether the preliminary design plan complies with the following:

1. City of Ione General Plan;

2. Any applicable specific plans;

3. Zoning code;

4. Adopted public improvement standards;

5. Other applicable standards and regulations.

6. The determination(s) of the city planner and city engineer pursuant to this section are preliminary in nature, and are neither binding nor appealable.

C. A subdivider may not request preliminary design evaluation and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for preliminary design evaluation at any time and thereafter file an application for a tentative map.

D. Fees. A fee, prescribed by city council resolution, shall be required for evaluation of all preliminary design plans.

(Ord. No. 431, § 2, 2-2-2010)

A subdivider seeking approval of a tentative map for a subdivision of five or more parcels shall file an application for tentative map approval consistent with the requirements of this title. The application shall consist of the following elements:

A. A tentative map, consistent with the requirements of Sections 16.26.050 and 16.26.060 of this chapter;

B. A completed application packet;

C. Additional Reports, Plans and Data. The following drawings, statements and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:

1. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider's ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.

2. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.

3. A preliminary soil investigation and geological reconnaissance report by a registered civil engineer specializing and recognized in soil mechanics and foundation engineering for every subdivision for which a final map is required. Submission of this preliminary report may be waived by the city engineer if soil conditions in the proposed subdivision are known.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage that, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the city engineer as a condition precedent to consideration of the tentative map by the planning commission. The soils investigation shall be done in the manner provided in Section 66491 of the Subdivision Map Act.

4. A Preliminary Grading Plan. Submission of the preliminary grading plan may be waived by the city engineer when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the proposed subdivision.

5. Applications for any modification that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of Chapter 16.52 (subdivision modifications).

6. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirement.

D. Fees. A fee, prescribed by city council resolution, shall be required for consideration of all tentative map applications.

(Ord. No. 431, § 2, 2-2-2010)

A. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one inch equals 100 feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed 72 inches in length and 54 inches in width.

B. The city engineer may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a registered civil engineer or licensed land surveyor if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of Sections 16.26.050(A) and 16.26.060 of this chapter. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal.

(Ord. No. 431, § 2, 2-2-2010)

The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:

A. Proposed subdivision name, if any;

B. Names, addresses and telephone numbers of the record owner(s) and subdivider(s) of the land;

C. Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number;

D. Date of preparation, north point and scale of the map. If based on a survey, the date of the survey;

E. Boundaries of the subdivision with sufficient information to locate the property;

F. Subdivision name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision;

G. Contour lines at intervals of not more than one foot unless waived prior to submission by the city engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision. Topographic survey shall not be waived in areas within the 100-year flood hazard boundary as shown on the most current flood insurance rate map prepared by the Federal Emergency Management Agency, along with any approved revisions thereto;

H. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known;

I. The location of all railroad rights-of-way and grade crossings; approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property;

J. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed;

K. The location and width of proposed building setbacks;

L. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and location of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal;

M. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and directions of flow of all water courses and flood control channels within and adjacent to the property involved; and the proposed method of providing storm water, drainage and erosion control. In areas subject to 100-year flood hazard, base flood elevation and floodway boundary shall be indicated;

N. The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrian ways and other rights-of-way, whether public or private, within and adjacent to the subdivision; the radius of each center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision;

O. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot;

P. The total area in square footage or acreage to the nearest one-tenth acre of each lot proposed to be utilized for other than single-family or two-family housing;

Q. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation purposes or for purpose of providing public access to navigable waters, it shall be so designated;

R. All street rights-of-way and public easements proposed for abandonment with the final map pursuant to Government Code Section 66499.20½ shall be clearly shown, or clearly listed on the map in cases where the specific location of the easement cannot be determined. Such abandonments shall be listed in the public notice required under Section 16.26.080 of this title;

S. Any modification being requested in accordance with the requirements of Chapter 16.46, subdivision modifications, of this title, which is shown on the tentative map shall be clearly labeled and identified as to nature and purpose;

T. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivider shall provide notice to the city at either: (a) the time the tentative map application is filed, or (b) after the filing of the tentative map. The right of the subdivider to file multiple final maps shall not limit the ability of the city to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. No. 431, § 2, 2-2-2010)

The subdivider shall file with the city planning department the tentative map application and ten additional copies thereof, or such additional number of copies as specified by the city planner. A tentative map application shall not be considered as having been filed unless and until it complies with all provisions of this chapter, and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the city planner.

(Ord. No. 431, § 2, 2-2-2010)

A. Application Completeness.

1. Within 30 days of application submittal to the city planning department, the city planner shall determine whether or not the application is complete. The city planner shall notify the applicant of the determination either that:

a. All the submittal requirements have been satisfied and that the application has been accepted as complete; or

b. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.

2. Application Completeness Without Notification. If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter.

3. Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the city planner shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in subsection (A)(1) of this section.

4. Incomplete Application. If additional information or submittals are required and the application is not made complete within six months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city planner, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with this article.

5. Right to Appeal. The applicant may appeal the determination in accordance with Section 17.08.060 (appeals) of Title 17 of this Municipal Code and the Permit Streamlining Act (California Government Code Section 65943).

B. Designated Approving Authority.

1. Generally. The designated approving authority for tentative maps shall be the planning commission.

2. If a tentative map is requested as a part of a development project that requires approval of one or more entitlements by the city council, the planning commission shall recommend approval, conditional approval, or denial of the tentative map and forward the recommendation to the city council for action.

3. Vesting Tentative Maps. The designated approving authority for vesting tentative maps shall be the city council.

C. Application Review and Report. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). The city planner will consult with other departments as appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. The city planner will prepare a report (the staff report) to the designated approving authority (planning commission and/or city council) describing the project, along with a recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant and property owner at the same time as it is provided to the approving authority prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.

D. Public Notices.

1. Public Hearing Required. The following procedures shall govern the notice and public hearing, where required, for consideration of a permit. In accordance with planning and zoning law, the Subdivision Map Act, and the California Environmental Quality Act, public hearings shall be required for all tentative maps. The hearing(s) shall be held before the designated approving authority as identified in this title.

2. Notice of Hearing. Pursuant to California Government Code Section 65091, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, a general explanation of the matter to be considered, and a general description of the real property (text or diagram), if any, which is the subject of the hearing.

a. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city.

b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessors records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.

c. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent.

d. Notice of the public hearing shall be provided to each local agency expected to provide water, sewage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected.

e. Notice of the public hearing shall be posted at City Hall and in at least two other public places within the boundaries of the city, including one place in the area directly affected by the proceeding

E. Action and Considerations. The designated approving authority shall approve, conditionally approve, or deny the tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination that the project is exempt from the requirements of CEQA. The city planner shall thereafter report the decision of the approving authority to the subdivider. In reaching a decision upon the tentative map, the approving authority shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Except as provided otherwise by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the tentative map.

F. Approval. The tentative map may be approved or conditionally approved by the approving authority if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this title. The approving authority may require as a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance. The approving authority may modify or delete any of the conditions of approval recommended in the city planner's report. The approving authority may add additional requirements as a condition of its approval.

G. Findings for Denial. The tentative map may be denied by the approving authority on any of the grounds provided by the Subdivision Map Act or this title. Except as otherwise required by state or federal law, the approving authority shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map, together with the provisions for its design and improvement, is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;

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

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

4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the planning commission may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

6. 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 approve a 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 the planning commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.

(Ord. No. 431, § 2, 2-2-2010)

The subdivider or any person dissatisfied with the planning commission decision with respect to a tentative map may appeal to the city council at any time within ten days after the decision is made. The procedures for appeal shall be as described in Section 17.08.060 (appeals) of this Municipal Code.

(Ord. No. 431, § 2, 2-2-2010)

Requests for withdrawal of any tentative map shall be submitted to the city planner in writing unless made at a public hearing on the tentative map.

(Ord. No. 431, § 2, 2-2-2010)

No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map which has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter.

(Ord. No. 431, § 2, 2-2-2010)

A. Revisions Generally. Any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of this title in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps.

B. Minor Condition Amendment. A subdivider may apply for a revision or amendment to the conditions of approval for an approved tentative map, provided there is no proposed change to the layout or design of the subdivision, or modifications in the proposed lot sizes. Modification of the conditions on an approved tentative map shall not extend the time limits imposed by this chapter.

(Ord. No. 431, § 2, 2-2-2010)

In every subdivision for which a soils investigation of each lot has been required by the city engineer, the city council may approve the subdivision or portion thereof where the critical soils problem exists if it finds the corrective action recommended in the soils investigation is likely to prevent structural damage to each structure to be constructed thereon. As a condition of the approval of the tentative map, the city council may require the director of the building inspections division to withhold the issuance of any building permit for development of said lots until the approved recommended corrective action is incorporated into the plans for the construction of each such structure.

(Ord. No. 431, § 2, 2-2-2010)

A. The approval or conditional approval of a tentative map shall expire 36 months from its approval by the designated approving authority unless the expiration date is extended in accordance with the provisions of Section 16.26.150 (time extension) of this chapter or as provided by state law.

B. If the filing of multiple final maps is authorized pursuant to chapter 16.32 of this title and the subdivider is required to spend a dollar amount equal to or greater than the dollar amount specified in Government Code Section 66452.6(a)(1), as adjusted under Section 66452.6(a)(2) to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by Section 65864 et seq. of the Government Code, then each filing of a final map shall extend the expiration date in accordance with Section 66452.6(a) of the Subdivision Map Act.

(Ord. No. 431, § 2, 2-2-2010)

A. Request by Subdivider. A subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the city planner. The application shall be filed a minimum of 30 days before the map is to expire, and shall state the reasons for requesting the extension.

B. Review by City Engineer. Within a reasonable period of time following submission of an application for an extension, the city planner shall route the application to the city engineer for review. The city engineer shall consider the extension application and make a recommendation to the city planner.

C. Planning Commission Action. The designated approving authority for time extensions of approved tentative maps shall be the planning commission. The process for approving a time extension shall be the same as provided in Section 16.26.080 (tentative map process and procedures).

D. Maximum Extension. The maximum extension allowed at any one time shall be 12 months as provided in Government Code Section 66452.6.

(Ord. No. 431, § 2, 2-2-2010)