§ 16.20

A.

Prior to the filing of a tentative map or vesting tentative map, the subdivider shall submit the tentative map to the site plan review committee for review in accordance with Section 17.72 of this code.

B.

The tentative map shall be prepared in accordance with the subdivision map act and the provisions of this chapter and shall be filed with the secretary of the planning commission. Such filing shall be made prior to the initiation of any construction work within the proposed subdivision which might be affected by changes in the tentative map.

C.

The subdivider shall file with the secretary of the planning commission twenty (20) copies of the tentative map and such additional copies as the secretary may require. The subdivider shall further file one or more copies of the map at a size of either 8-1/2″ x 11″, or 11″ x 17″ for purposes of review by parties not receiving scaled copies of the map under the provisions of subsection F. of this section.

D.

At the time of filing a tentative map the subdivider shall pay the secretary a fee as 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 or prior to the recording of a final map.

E.

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 the ordinance codified in this title as to form and as to the information required to be shown thereon and in the statements required to be furnished therewith. In making this determination, the secretary shall seek the recommendations of the city engineer and planning director. The determination of compliance shall be made by the secretary within ten (10) days of the receipt and dating of the map by the secretary.

F.

Within three 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 official, public works director, fire chief, police chief, the general manager of the S-K-F Sanitation District, and the superintendents of affected local school districts, any other affected local special districts, the Fresno County Public Works and Development Services Department, Caltrans (if the proposed subdivision affects a state highway), the California Real Estate Commission, the Southern California Gas Company and the Pacific Gas & Electric Company, together with requests for recommendations 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.

(Ord. 95-09 § 1 (part), 1995)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.020 - Form and scale of tentative map.

Every tentative map of a subdivision filed with the planning commission shall be clearly and legibly drawn. The size of the sheet shall be twenty-four (24) inches by thirty-six (36) inches unless otherwise authorized by the city engineer. The scale of the map shall be one inch equals one hundred (100) feet, except that subdivisions with lots of two and one-half acres or greater may use a scale of one inch equals two hundred (200) feet.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.030 - Information on tentative map.

A tentative map shall contain the following information and data:

A.

A tract number assigned by the Fresno County Recorder, as such numbers are assigned in consecutive order throughout Fresno County, and a tract name (if any). If the tentative map is a vesting tentative map, the words "Vesting Tentative Map" shall be printed conspicuously on the face of the map.

B.

Name, address and telephone number of the record owner of the property to be subdivided, and name, address and telephone number of the subdivider if the owner is not the subdivider.

C.

Name, address and telephone number of registered civil engineer, licensed surveyor, licensed landscape architect or other person who prepared the map.

D.

Date of preparation, north point, and scale.

E.

A legal description sufficient to define the boundaries of the subdivision, and the approximate acreage.

F.

Boundary lines.

G.

The location, names, present width, and approximate grades of adjacent roads, streets, highways, or ways.

H.

The location, names, width, and curve radii of all roads, streets, highways and ways in the proposed new subdivision.

I.

The location, name and caliper of all trees.

J.

Approximately accurate contour lines drawn to intervals of one foot, and spot elevations shown on a maximum grid of one hundred (100) feet in each direction.

K.

The width and approximate locations of all existing or proposed easements or rights-of-ways, whether public or private, for roads, drainage, sewers, public utilities or flood control purposes.

L.

Lot lines and approximate dimensions, and lot numbers, including lot lines and property lines of adjacent parcels.

M.

Locations and approximate dimensions of proposed public areas.

N.

Limitation on rights of access to and from streets, lots and other parcels of land, and locations and widths of reserve strips.

O.

Location and widths of watercourses and areas subject to inundation.

P.

Locations of structures, irrigation ditches, pipelines, railroads and other physical features. Any existing features which are to remain in place shall be noted.

Q.

Locations of city boundary lines and boundary lines of any other public district which lay within five hundred (500) feet of the exterior boundary lines of the proposed subdivision.

R

A tentative drainage plan including provisions for the disposal of storm water.

S.

The proposed use of each lot within the subdivision.

T.

key map showing the proposed subdivision and surrounding subdivisions and streets located within onequarter mile radius of the boundaries of the proposed subdivision.

U.

An outline of the areas of the tentative map proposed for the partial recording of a final map thereon.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.040 - Statements to accompany tentative map.

The tentative map shall be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:

A.

Legal description of the property.*

B.

Source of water supply.*

C.

Proposed method of sewage disposal.*

D.

Proposed means of surface water drainage.*

E.

Type of street improvements.*

F.

Protective covenants to be recorded.

G.

The relative proportions of the total area of the subdivision proposed to be devoted to each use classification, in acres.*

H.

Other improvements proposed to be made or installed.*

I.

The time when improvements are proposed to be made or installed.

J.

Description and location of community facilities, which would serve the proposed subdivision.

K.

Minimum, maximum and average lot size.*

L.

A preliminary title report describing all rights-of-way and easements to which the property to be subdivided is subject.

M.

Justification and reasons for any exceptions to the provisions of this ordinance.

N.

A preliminary soil report if requested by the city engineer.

As an alternate procedure, the information required by those paragraphs of this section which are also identified by an asterisk [*] may be provided on the face of the tentative map(s).

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.050 - Planning commission public hearing, review and action.

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 fifty (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 department and the subdivider. The planning director shall prepare a report for submittal to the planning commission, the report shall include the comments and conditions from the site plan review committee and all other commenting agencies. 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. The public hearing shall be noticed in the manner prescribed by, Title 7, Division 1, Chapter 2.7 of the California Government Code.

B.

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 the ordinance codified in this title. Upon that basis, the commission shall, within fifty (50) days after the filing of the tentative map, unless such time shall have been extended by mutual agreement with the subdivider, by resolution, approve, conditionally approve, or

disapprove the proposed subdivision. Within fifteen (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 county planning commission. If the map is disapproved, reasons therefore shall be set forth in the report.

C.

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 the ordinance codified in this title, and it shall be the duty of the city clerk to certify his/her approval thereof.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.060 - City council review and action.

A.

If the subdivider, or any interested person affected, is dissatisfied with any action of the planning commission with respect to the tentative map, he/she may, within ten (10) calendar days of such action, appeal to the city council for review of the action. The first day of the appeal period shall be the day following the final action of the planning commission. An appeal shall be filed with the city clerk and shall state specifically wherein it is claimed there was an error or abuse of discretion by the planning commission.

B.

Upon the filing of an appeal, the city council shall set the matter for public hearing. The council shall hold the hearing within thirty (30) days after the date of filing the appeal. Within ten (10) days following the conclusion of the hearing, the city council shall render its decision on the appeal. A decision to disapprove a map for failure to meet or perform any of the requirements or conditions imposed by this ordinance shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. This requirement for a finding may be waived by the council when the failure of the map is the result of a technical and inadvertent error which, in the determination of the planning commission or city council, does not materially affect the validity of the map. Upon the filing of an appeal and the 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.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

16.20.070 - Expiration of tentative map approval.

A.

Failure to record a final map within twenty-four (24) months of the date of approval or conditional approval of the tentative map shall terminate all proceedings; provided, however, that upon application of the

subdivider in writing, an extension not exceeding one year may be granted by the planning commission, except as provided under subsections B and C of this section. In the event the commission denies the subdivider's application for extension, the subdivider may appeal to the city council. Where proceedings have terminated because of failure to record a final map or failure to receive extension by the planning commission or city council, a new tentative map shall be filed in accordance with the provisions of this article before a final map may thereafter be recorded or any lot sold.

B.

If the subdivider is required to expend the sum of one hundred twenty-five thousand dollars ($125,000.00) or more to construct, improve or finance public improvements wholly outside of and not abutting the boundaries of the tentative map, each filing of a final map authorized by this ordinance shall extend the expiration of the approved or conditionally approved tentative map by thirty-six (36) months from the date of its expiration, or the date of the previously filed final map, whichever is later, up to a maximum period of ten (10) years from the original approval. The number of phased final maps shall be determined by the planning commission at the time of initial tentative map 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 commission or council for a period or periods not exceeding three years in total.

D.

The date of approval of the tentative map shall be deemed to be the date of adoption of the resolution of the planning commission declaring approval or conditional approval of the tentative map, provided that if the planning commission 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 planning commission as provided in the ordinance codified in this title. If the tentative map is appealed to the city council, the date of approval shall be deemed to be the date of the adoption of the resolution of the city council. The date 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 Government Code, if a tentative map had not expired on or before September 13, 1993, said map shall be automatically extended by two years in addition to any other extension.

F.

The period of time allowed for the recording of a final map 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 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 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.

G.

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.

H.

The rights conferred by a vesting tentative map as provided by this ordinance 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 application exceeds thirty (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 fifteen (15) days.

I.

The granting of an extension of a tentative map is discretionary under the provisions of Section 66452.6(e) of the 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 subsection J. of this section.

J.

Nothing in this section prevents a subdivider from agreeing to a new condition imposed by the city for a 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 first.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

Whenever a provision of this section 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 only those ordinances, policies, and standards of the city in effect at the date when the city first determined that the application for a vesting tentative map was determined to be complete and accepted 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/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 the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. The rights conferred by this section shall be for the time periods set forth in Section 16.20.070.

C.

A property owner or his/her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described under subsections A and B of this section, and the city may grant these approvals or 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 this subsection, the filing of a vesting tentative map shall not be 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 types of conditions which may be imposed by the city on a development, nor in any way diminish or alter 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, of conditions or requirements created and imposed by ordinances. Nothing in this subsection removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant the city the option to disregard any state or federal laws, regulations, or policies.

(Ord. 94-05 § 1 (part), 1994)

(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

Chapter 16.24 - FINAL MAPS[[2]]

Footnotes:

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Editor's note— Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, amended the former Ch. 16.24, §§ 16.24.010 —16.24.190 in its entirety.