Isleton Municipal Code Ch. 11.08 Subdivision

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Editor's note— Chapter 11.08, as set out herein, is as sent to the codifier, and contains instances of missing text, represented by "XXX."

A. Prior to the filling of a tentative subdivision map, subdivider shall submit a letter to the secretary to the planning commission indicating an intention to subdivide. Such letter of intention is required to alert city officials and interested public and private agencies of such intention so that they may have the opportunity to inform the subdivider of physical conditions, facts, policies and environmental concerns which are or may be pertinent to the preparation of the tentative map.

B. The subdivider shall submit 20 copies of a letter of intention to subdivide to the secretary. The secretary shall transmit one copy to each member of the planning commission and city council, and to the planning director, city engineer, public works director, building official, fire chief, police chief, general manager of citizens utilities and the superintendents of the elementary and high school districts.

C. At the time of filing a tentative map the subdivider shall pay the secretary a fee established by resolution of the city council to defray the expenses incidental to the processing of the map. No part of the fee shall be returned to the subdivider regardless of whether the subdivider withdraws the tentative map prior to action by the planning commission prior to the recording of a final map.

D. The time for filing a tentative map shall be construed to be the time when the map is accepted officially by the secretary of the planning commission. The secretary shall examine the tentative map upon presentation to the city and shall not accept the map unless the tentative map is in full compliance with the provisions of this chapter as to fXXX and as to the information required to be shown thereon and the statements required to be furnished therewith. In making this determination, the secretary shall seek recommendations of the city engineer and planning director. The determination of compliance shall be made by the secretary within 15 days of the receipt and dating of the map by the secretary.

E. Within ten working days after the filing of the tentative map and accompanying statements, the secretary of the planning commission shall transmit copies as follows: one copy each to the city engineer, planning director, building officials, public works director, fire chief, police chief, the general manager of citizens utilities and the superintendents of affected local school districts, and other affected local special districts, the county public works and community development departments, Cal Trans (if the proposed subdivision affects a state highway) the state real estate commission, and Pacific Gas & Electric Company together with requests for recommendation on the proposed subdivision. The secretary may transmit copies of the tentative map and accompanying statements to all other public and private agencies affected by the proposed subdivision together with requests for recommendations thereon.

Every tentative map of a subdivision filed with the planning commission shall be clearly and legibly drawn. The size of the sheet shall be 24 inches by 36 inches unless otherwise authorized by the City engineer. The scale of the map shall be one inch equals 100 feet, except that subdivisions with lots of 2½ acres or greater may use a scale of one inch equals 200 feet.

A. The secretary of the planning commission shall set a date for a public hearing and consideration of the tentative map by the planning commission, which date shall be within 50 days after the map was filed unless the time limit for review and action on the map is extended by mutual agreement of the planning commission and the subdivider. Within 15 days of receipt of the tentative map, or such longer period as the planning commission may prescribe, the planning director, city engineer, public works director, building official, fire chief, police chief, and general manager of Citizens Utilities shall convene as a technical review committee. The committee shall submit its recommendations to the planning director for incorporation into the planning director's report to the commission. The director's report shall be transmitted to the subdivider at least three days before the public hearing. The secretary of the planning commission shall notify other public and private agencies to which copies of the tentative map are transmitted, of the date set for consideration of the map by the planning commission, in order that such agencies may submit reports on the tentative map to the commission.

B. The public hearing shall be noticed in the manner prescribed by title 7, division 12, chapter 2.7 of the California Government Code.

C. After the close of the public hearing, the planning commission shall determine whether the tentative map is in conformity with the provisions of law and of this chapter. Upon that basis, the commission shall, within 48 days after filing of the tentative map, unless such time shall have been extended by mutual agreement with the subdivider, by resolution, approve, or disapprove the proposed subdivision. Within 15 days of commission action on the tentative map, the secretary of the planning commission shall report such action in writing directly to the subdivider, to the city engineer and to the planning commission. If the map is disapproved, reasons therefore shall be set forth in the report.

D. If no action is taken within these time limits the tentative map as filed shall be deemed to be approved, insofar as it complies with all applicable requirements of this chapter, and it shall be the duty of the city clerk to certify his or her approval thereof.

A. Within 15 days after the date of the planning commission's action, the secretary of the planning commission shall transmit the record of commission review and action regarding the proposed subdivision to the city council. Upon receipt of the record, the city council shall fix the meeting date at which the council will consider the tentative map, which date shall be within 30 days thereafter. At a regular meeting of the city council, the council shall review the decision of the commission. The council may affirm, reverse or modify the decision of the commission.

B. If the subdivider, or any interested person affected, is dissatisfied with any action of the planning commission with respect to the tentative map, he or she may, within ten days of such action, appeal to the city clerk and shall stated specifically wherein it is claimed there was an error or abuse of discretion by the planning commission.

C. Upon the filing of an appeal, the city council shall set a public hearing. The council shall hold the hearing within XXX after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall reports its decision on the appeal. A decision to disapprove XXX for failure to meet or perform any of the requirements XXX conditions imposed by this chapter shall be accompanied by a finding identifying the requirements or conditions XXX have not been met or performed. This requirement for a XXX may be waived by the council when failure of the map is XXX results of a technical and inadvertent error which, XXX termination of the planning commission or city council, XXX not materially affect the validity of the map. Upon filing of an appeal and conclusion of the hearing, the city council shall render its decision within seven days declaring its findings based upon the testimony and documents produced before it.

When an appeal is filed and heard by the city council, XXX hearing shall constitute meeting the requirements of XXX and action by the city council as prescribed in paragraph X of this section.

A. Failure to record a final map within 24 months of the date of approval or conditional approval of the tentative map XXX terminate all proceedings; provided, however, that upon XXX application of the subdivider in writing, an extension exceeding one year may be granted by the planning commission, except as provided under paragraph B and XXX this section. In the event the commission denies subdivider's application for extension, the subdividers appeal to the city council. Where proceedings have terminated because of failure to record a final map or failure to XXX extension by the planning commission or city council, XXX tentative map shall be filed in accordance with the provisions of this article before a final map may therefore be recXXX or any lot sold.

B. If the subdivider is required to expend the sum of $125XXX or more to construct, improve or finance public improvements wholly outside of and not abutting the boundaries of tentative map, each filing of a final map authorized by this chapter shall extend the expiration of the approved XXX conditionally approved tentative map by 36 months from the date previously filed final map, whichever is later, up to the maximum period of ten years from the original approval. The number of phased final maps shall be determined by the planning commission at the time of initial tentative consideration.

C. 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 planning commission or city council for a period or periods not exceeding a total of three years.

D. 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 XXX clerk, the date of approval shall be deemed to be upon XXX last day of the maximum period of time as would be allowed action by the council as provided in this chapter. The XXX of such approval of the tentative map shall be certified by the clerk on the face of the tentative map.

E. Pursuant to section 66452.11 of the California Government Code, XXX tentative map had not expired on or before September 13, XXX said map shall automatically be extended by two years XXX addition to any other extension.

F. The period of time allowed for the recording of final map shall not include a period of time during which said development moratorium, imposed after approval of the tentative map is in existence, provided however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same time as remained at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

G. For purposes of this section, a development moratorium shall include a water or sewer as well as other actions of public agencies which regulate land use, development, or the provisions 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 final or parcel map.

H. The right conferred by a vesting tentative map as provided by this chapter shall last for an initial time period one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one year initial time period shall begin for each phase when the final map for that phase is recorded. The initial time period shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time used by the City to process the applications exceeds 30 days, from the date that a complete application is filed. Any time period to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by the planning commission, the subdivider may appeal that denial to the city council within 15 days.

I. The granting of an extension of a tentative map is discretionary under provisions of section 66452.6(e) of the California Government Code. Such discretion is limited to questions of time, and the city shall not add new conditions to the tentative map extension except as provided under paragraph J of this section.

J. Nothing in this section prevents a subdivider from agreeing to a new condition imposed by the city for tentative map extension. If the subdivider so agrees, the subdivider cannot later challenge the validity of that condition. If, however, the subdivider does not agree to a new condition, the planning commission may deny the extension if it can make findings, based on justifying evidence, that unless the condition is imposed, the development will be injurious to public health, safety and general welfare. In such instance, the tentative map shall expire and the subdivider shall be required to apply for a new tentative map to which new conditions could be attached by the city.

K. Unless an earlier expiration appears on the face of a permit, any permit issued in conjunction with a tentative subdivision map for a planned unit development shall expire no earlier than the approved tentative map, or any extension thereof, whichever occurs.

Whenever a provision of this chapter requires that a tentative map be filed, a vesting tentative map may instead be filed.

A. Whenever the city approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with XXX those ordinances, policies, and standards of the city XXX effect at the date when the city first determined that the application for a vesting tentative map was complete and XXX accepts for filing and processing by the city.

B. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and map, as approved. The rights conferred by this section should be for the time periods set forth in section 11.08.050.G.

C. A property owner or his or her designee may seek approval of permits for development which depart from the ordinances, policies, and standards described under paragraph A above XXX of this section, and the city may grant these approvals and issue these permits to the extent that the departures are authorized under applicable law.

D. If a subdivider does not seek the rights conferred by XXX subsection, the filing of a vesting tentative map XXX a prerequisite to any approval for any proposed subdivision permit for construction, or work preparatory to construction.

E. This subsection does not enlarge, diminish, or alter the type of conditions which may be imposed by the city XXX development, nor in any way diminish or later the power of the city to protect against a condition dangerous to the public health, safety, or welfare. The rights conferred by this section shall relate only to the imposition by the city XXX conditions or requirements created and imposed by ordinance. Nothing in this subsection removes, diminishes, or affects obligations of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, policies and does not grant the city the option to dscrXX any state or federal laws, regulations or policies.

A. If at the time the final map is approved, any streets, parks, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar itXXX which directly benefit the residents of a subdivision, resXXX strips or storage drainage easements are rejected, the XXX of dedication shall remain open and the council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept any opeXXX streets, paths, alleys, rights-of-ways for local facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of the subdivision, or storm drainage easements for public XXX which acceptance shall be recorded in the office of the county recorder.

B. One-foot reserve strips provided across the end of stubbed streets or along partial streets adjoining unsubdivided XXX shall be designated by a capital letter, provided, however such reserve strip lots shall be exempt from all XXX provisions of this chapter governing the size, shape, XXX, area of lots, or which are otherwise applicable to XXX. These reserve strips shall be offered to the city XXX dedication at the time the final map is recorded. However, the city shall reject the offer until such time as additional right-of-way is required to allow the extension of a stubbed street or completion of a partial street. All rights of vehicular access across said reserve strips shall be abandoned until such time as said reserve strips are accepted by the city for street purposes.

A. Offers of dedication may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by the California Streets and Highways Code.

B. Except as provided by the Subdivision Map Act, if a resubdivision or reversion to acreage or the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the city council.

A final map shall be accompanied by a drainage plan showing street grades, curbs, gutters, catch basins, storm sewers, drainage channels, natural drainage ways, detention ponds and other drainage works, in sufficient detail to enable the city engineer to determine the adequacy of provisions for drainage and the disposal of surface and storm waters.

A. The subdivider shall improve or agree to improve all lands dedicated streets, pedestrian ways, drainage channels, easements and other right-of-way as a condition precedent to acceptance thereof and approval of the final map, subject to the exceptions of article 9 of Ordinance 327.

B. Improvement shall conform with the requirements for design and material provided in the city's standard specifications as adopted by resolution of the city council.

A. At the time of filing of a tentative parcel map, a subdivider may file a request for waiver of the requirement for a parcel map. Such a request shall be filed with the secretary of the planning commission in the form of an application therefore as furnished by the city.

B. The planning commission shall waive the requirement for the filing of a parcel map of, after consideration of the tentative parcel map and information submitted therewith, it finds that all of the following conditions have been met:

1. That the subdivider has complied with the provisions of sections 702, 703 and 704 of this article;

2. That adequate monuments exist in the field which appear of record in the office of the county recorder to permit the retracting of boundaries for each parcel to be created;

3. That no dedications of right-of-way or easements are offered or required;

4. That all on site and off site improvements as required for parcel maps have been completed; and

5. That the proposed division of land complies with requirements as to area, design, floodwater and drainage control, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this chapter.

A parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility rights-of-way, unless a showing is made in individual cases, XXX substantial evidence, that public policy necessitate a parcel map.

C. The instrument evidencing the planning commission's waiving the requirement for a parcel map shall be known as a "waiver certificate" which shall be prepared by the subdivider XXX shall consist of the following as to form, matters XXX attachments:

1. A description of the boundary of the property proposed to be subdivided;

2. A property plat map prepared by or under the direction of a registered civil engineer or licensed land surveyor XXX legibly drawn, printed or reproduced by a proXXX guaranteeing a permanent record in black ink;

3. The location of all division lines and the extenXX boundary of the land included within the subdivision shall be indicated by distinctive lines and clearly designated.

4. The map shall be signed and sealed by the registered civil engineer or licensed land surveyor;

5. A certificate shall be signed and acknowledged by XXX parties having record title interest, consenting to XXX preparation and recordation of the waiver certificate; and

6. The size of each sheet shall be 8½ inches by 11 inches or 13 inches. An entirely XXX margin of two inches shall be left at the top of the sheet.

D. The waiver certificate shall be submitted for examination by the city clerk prior to filing, together with all the necessary fees as hereinafter required have been paid. The city clerk shall examine the certificate of waiver, and if the clerk finds the same to be substantially in the form required by this chapter, and in conformity with the conditions imposed by the planning commission in connection with the approval of the tentative parcel map, the clerk shall accept the same for filing and shall then transmit the same to the city engineer.

E. Within 20 days after receiving the waiver certificate or with such additional time as may be reasonably necessary, the city engineer shall determine whether the waiver certificate is technically correct and conforms with the approved tentative parcel map. If approved, the city engineer shall so certify upon the waiver certificate.

F. After affixing his or her signature upon the waiver certificate, the city engineer shall deliver the certificate to the city clerk who shall present the certificate to the county recorder for filing. When the certificate is presented to and accepted by the county recorder, the recorder shall file and index the same in the official records of the county.

G. Waiver of the parcel map shall not preclude the payment of fees as provided by section 501 of ordinance number 327. Said fees shall be calculated in the same manner as though a parcel map XXX been required and shall be paid prior to the filing of a waiver certificate with the city clerk.

A. In the event the applicant wishes to terminate his or her application prior to the recordation of the parcel map, the applicant's request shall be transmitted in writing to the secretary of the planning commission. Where an agreement to construct improvements has been executed, the city council, at their option, may release the applicant from the agreement to improve and release to the applicant any surety bond or cash deposit which the applicant may have posted upon completion of necessary abandonment procedures.

B. In the event the parcel map has been recorded with the county recorder, a revised parcel map may be prepared in the manner prescribed in this chapter for original parcel map, and the revised parcel map shall supersede any previous parcel map.

The subdivider shall file five copies of the parcel map with the city clerk not less than 60 days prior to the date on which the map must be recorded. The format and content of the final map shall be as prescribed under section 11.04.080 of this title, subject to the following exceptions:

A. The size of each sheet shall be 18 inches by 26 inches.

B. When the parcel map consists of more than two sheets, a key map drawn to a scale of one inch equals 1,000 feet shall be placed on sheet number one indicating the relationship among all sheets. The particular number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

Requirements for dedication, letters received from public utilities and the passage of title shall be the same as required under sections 11.04.110 and 11.04.120 of this title. Requirements with respect to offers of dedication shall be the same as those required under section 11.04.110 and 11.04.120 of this title.

Improvements shall be provided in the same manner as required under section 11.08.100 of this title.

Review of the final parcel map by the city engineer and secretary of the planning commission shall be as provided under section 617 of the code.

The city council shall review the final map and take such action as are required under section 618 of the code.

An agreement between the subdivider and the city shall be made, and provision of security for improvements shall be satisfied as required under section 619 of the code.

Sanitary sewer lines and appurtenances, including man-holes, pump stations, and off-site lines, shall be provided within all subdivisions in accordance with the policies of the sewerage master plan as adopted by the city council and shall connect with existing sewer lines and appurtenances. If no such master plan exists, the sewer lines and appurtenances shall be provided as are determined by the city engineer to be necessary. Where a sewer line is constructed or laid within a public right-of-way, the subdivider shall install a lateral connection extending to the right-of-way line to serve each lot within the subdivision. Sanitary sewer lines, appurtenances, and service connections shall be constructed and laid to grades established by the city engineer.

The subdivider shall make arrangements with Citizens Utilities Company for the installation of water mains and fire hydrants which are to be connected to its water system. The design, lay-out and locations of such facilities shall be approved by Citizens Utilities Company and the city engineer, with approval of the number and location of the fire hydrants determined by the XXX chief.

The city may require the dedication of irrevocable offers of dedication of land within the subdivision for such local transit facilities as bus turnouts, benches, shelters, landing pads, and similar facilities which will directly benefit the residents of the subdivision if the following conditions exist:

A. The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if development to the maximum density shown by the adopted general plan, or contains XXX acres or more; and

B. The city council finds that transit services are or will be made available to such subdivision within a reasonable time period.

The subdivider shall provide such other improvements, including but not limited to bridges, culverts, fencing of watercourses or hazardous areas, ornamental walls, landscaping, noise barriers, recreation areas and facilities, as required by the Subdivision Map Act, ad as designated by applicable policies and proposals of the general plan, applicable mitigation measures required by the general plan EIR, and mitigation measures required by any type of environmental assessment pertaining to the subdivision that is certified by the city in accordance with provisions of the California Environmental Quality Act and local guidelines.

The subdivider shall provide electric, telephone and cable utilities by underground service to each lot within the subdivision, in accordance with applicable provisions of state laws and rules and regulations of the California Public Utility Commission. The subdivider is encouraged to provide for the installation of telecommunication facilities for services within the subdivision created for commercial and industrial development.