Madera County Municipal Code Ch. 17.20 Tentative Map

Footnotes:

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*Editor's note—Ord. No. 278U, § 1 (Exh. A), adopted February 7, 2012, amended Chapter 17.20 in its entirety to read as herein set out. Former Chapter 17.20, §§ 17.20.010—17.20.111, pertained to similar material, and derived from Ord. No. 278, 1963; Ord. No. 278-K, 1980 and Ord. No. 278N, 2004.

For statutory provisions relating to tentative subdivision maps, see Division 2, "the Subdivision Map Act" of the Government Code beginning at Section 66410.

The purpose of this chapter is to establish the circumstances under which tentative maps are required, to establish the circumstances under which exceptions apply, to set out application requirements, and to set forth requirements for submittal, review and approval of tentative tract maps.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Preliminary, tentative and final maps shall be required for all divisions of land into five or more parcels, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels, and conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway maintained by a public or semipublic entity, and all dedications and improvements required by a tract map have been completed;

B. Each parcel created by the division has a gross area of twenty acres or more and has approved access to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access to a public street or highway and comprises part of an area of land zoned for industrial or commercial development;

D. Each parcel created by the division has a gross area of not less than forty acres or is not less than one-quarter of one-quarter section.

E. A parcel map shall be required for those land divisions described above.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. The tentative map shall be filed with the planning department no later than one year after the date on which the subdivision committee's preliminary report was filed with the planning department. Six month extensions may be granted or denied at the planning director's discretion.

B. An application for a general plan amendment, rezoning, variance, conditional use permit or zoning permit which is necessary for the approval of the subdivision shall be filed with the planning department along with and at the time of the filing of the tentative map.

C. The subdivider shall pay the filing fee, as set by resolution of the Board of Supervisors, prior to the filing of the tentative map.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The tentative map of a subdivision shall be professionally and legibly drawn by a state licensed civil engineer or land surveyor.

A. Tentative maps shall be at least eighteen inches by twenty-six inches in size, and shall not be larger than twenty-four inches by thirty-six inches in size. Maps shall be drawn to a standard scale large enough to show all geometric details clearly, but not smaller than one inch is equal to four hundred feet. Multiple sheets shall be used for clarity as required or as requested by reviewing departments;

B. Sufficient elevations and contour intervals shall comply with the National Map Accuracy Standards, to determine: the general slope of the land; its high and low points; general topographic features; and to allow for review of proposed cuts and fills for roadways. Contour interval shall be determined by the engineering department and/or road department depending on slope of property. A note shall be placed on the map identifying the source and control used in establishing the contours;

C. The location, names and existing width of all adjoining streets, highways, rights-of-way and abutting easements. References and copies of all recorded deeds, offers of dedication or other title information shall be noted on the map;

D. Location and size of all existing utilities, pipelines, canals, ditches, wells, septic system components, natural drainage areas, water courses, flood plain boundaries, high water marks and other appurtenant structures shall be shown on the map;

E. Dimensions, locations and purposes of all existing and proposed easements within the property proposed for division. Include references and copies of all easements;

F. Lot layout, dimensions of each lot and lot numbers;

G. Proposed method and location of storm drainage collection, detention, retention and disposal;

H. If the area to be subdivided cannot be completely represented on one sheet, an additional sheet with the entire boundary shown at reduced scale shall be provided;

I. Provide a vicinity map, to scale, which identifies or shows the length of the proposed access road system or indicates the point of secondary access;

J. The location and name of all streets; center lines of streets; the length, radii, central angle and radial bearings of curves; the total width of each street and width on each side of the centerline; the width of any existing dedications. All street and road construction shall take place within dedicated rights-of-way. Therefore, new rights-of-way shall be of sufficient width to allow construction of the required road section plus any cuts and fill slopes in accordance with county requirements;

K. Show all proposed well and sewage disposal areas as well as required reserve areas for septic disposal;

L. Copy of the preliminary title report issued not more than thirty days prior to the filing of the tentative map showing title vested in the subdivider or/and owner;

M. Sufficient legal description to define the boundary of the proposed subdivision;

N. Names and addresses of record owners, subdivider and engineer or surveyor;

O. Approximate gradients of all streets, highways and ways in the subdivision;

P. Existing structures, sewage disposal installations and any other use or uses of the property clearly designated as to what will be removed or will remain. Show all existing wells, active or abandoned, and the disposition proposed;

Q. Provisions for domestic water supply which are proposed by the subdivider, including source, quality and approximate quantity;

R. Provisions for sewage disposal, drainage and flood control which are proposed by the subdivider;

S. Public area proposed, if any;

T. Statement of the improvements proposed to be constructed or installed and the time at which such improvements are proposed to be installed or completed, and the method of financing and maintenance;

U. Date, north directional point and scale of map;

V. A blank space eight and one-half inches by eleven inches in size for certifications, approvals, etc.;

W. A key or vicinity map, drawn to scale.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Such of the foregoing information as may not practicably be shown on the map shall be shown on separate sheets or contained in a written statement accompanying the same.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Prior to final map recordation, the applicant or his authorized agent will provide the planning director with will serve letters from the appropriate water, wastewater, power and telephone companies as proof of compliance with General Plan Policy 3.A.1.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The subdivider shall file the number of copies of such map as shall be determined by the preliminary map report.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. Upon acceptance of the tentative tract map as complete and payment of filing fees, the planning department shall distribute the map, data and documents to the various county departments and public agencies concerned in such matters, with a request for submission of written recommendations thereon to the subdivision review committee.

B. Per Section 66413.7 of the Map Act, the advisory agency shall notify the State Department of Education, in writing, of the proposed map if the map contains an area for development of a public school site. Local school district shall always be notified.

C. Upon a determination that the application is complete and payment of filing fees, the subdivision committee shall review such map, documents and applications relating thereto, including applications for development variations and limited design variations within thirty days.

D. At least three days prior to the subdivision committee meeting to consider a tentative tract map, each member of the committee shall issue to the planning department, report or written recommendations which may include the following information:

1. Any requirement or condition with respect to the tentative tract map or division of land which the subdivision review committee proposes to recommend to the planning commission;

2. Any grounds for disapproval of the tentative tract map;

3. Any grounds for approval or disapproval of a requested development variation and/or limited design variation, and a brief statement of the grounds therefor.

E. The subdivision committee will review the tentative subdivision map and supporting documents for CEQA compliance. An initial study will be prepared and an environmental determination will be made.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The planning director shall place the tentative map on the agenda for the planning commission at a meeting to be held by the commission within thirty days, or the next regular meeting of the planning commission whichever shall occur last, following the filing and acceptance of the tentative map. The planning director shall give written notice of the time and place of hearing upon the tentative map by the commission to the subdivider, all interested persons and to all persons and agencies required by Section 66451.3 of the Government Code. Notice to surrounding property owners shall be to property located within three hundred feet of the boundary of the tentative subdivision map.

At least ten days before the date of any public hearing, the date, time, place of the hearing, identity of the hearing body, and the nature and location of the application shall be given by the following methods:

A. Publishing such notice once in a newspaper of general circulation.

B. Mailing to the property owner, the applicant, to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, to the owners of all property within three hundred feet of the exterior boundaries of the property which is subject of the application, and to any person who has filed a written request for such notice. For the purposes of this notice, property owners shall be the last known name and address of the property owner names on the last equalized assessment roll of the county. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph is greater than one thousand, a display advertisement of at least one-eighth page in at least one newspaper of general circulation may be published at least ten days prior to the hearing in lieu of mailed or delivered notice.

C. Public Hearing. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative tract map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning commission in connection with action on the tentative tract map. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Any report or recommendation on a tentative map by the staff of the local agency and the subdivision committee to the planning commission shall be in writing and a copy thereof served on the subdivider at least three days prior to any hearing or action on such map by the planning commission.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. The commission shall receive all evidence, testimony, both oral and documentary, concerning the tentative map and may continue the hearing from time to time not to exceed thirty days.

B. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative tract map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning commission in connection with action on the tentative tract map.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. At the conclusion of the hearing, the commission shall adopt a resolution by the affirmative vote of at least three members, either approving, conditionally approving or denying the tentative map. The planning commission shall prepare written findings of fact as required by law as follows:

1. The proposed map is consistent with applicable general and specific plans;

2. The design or improvements of the proposed subdivision is consistent with applicable general and specific plans;

3. The site is physically suitable for the type of development;

4. The site is physically suitable for proposed density or development;

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems;

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

B. If the planning commission takes no action within the time period specified in Sections 66452.1 and 66452.2 of the Government Code or authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of this division and any local ordinance, and it shall be the duty of the secretary to the planning commission to certify or state his or her approval.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal from any action of the commission with respect to a tentative subdivision map to the board of supervisors.

B. Any interested person who is adversely affected by a decision of the commission may file a appeal with the board of supervisors concerning any decision of the commission. The form of the appeal and the manner in which it is filed and heard shall conform to that hereafter prescribed for appeals.

C. Any interested person may appeal any decision of the Commission relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6 to the board of supervisors.

D. The appeal shall be filed with the clerk of the board of supervisors within fifteen days after the action of the commission that is subject of the appeal.

E. If the appeal of the action of the commission is not filed within the time period specified herein, the action of the commission is final.

F. A tentative subdivision map appeal shall be submitted to the board of supervisors for their review and action as set forth in Section 17.20.100 and the right of appeal shall be as set forth in Sections 17.60.050 through 17.60.080 of this code.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. Within fifteen days of the appeal of the action by the planning commission, the planning director shall submit to the clerk of the board of supervisors the tentative subdivision map, the written findings of the planning commission, the planning department's staff reports and all other data filed in connection the tentative map.

B. The clerk of the board of supervisors shall set the tentative map for hearing. Such hearing shall be held within thirty days after the date of the submission of the appeal filed to the clerk and as provided in Section 66452.5 of the Government Code.

C. The Clerk shall give ten days' written notice of the time and place of the hearing to the subdivider and such other notice to all interested persons and entities as required by Section 66451.3 of the Government Code.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Any report or recommendation on a tentative map by the staff of the local agency or the planning commission to the board of supervisors shall be in writing and made available to the subdivider at least three days prior to any hearing or action on such map by the board of supervisors.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The board shall review the tentative subdivision map, the written findings of the planning commission, the planning department's staff reports and all other data submitted in connection with the tentative map, and shall hear all oral testimony and documentary evidence offered at the hearing. Within ten days following the conclusion of the hearing, the board shall render its decision by a resolution. The board may sustain, modify, reject or overrule any recommendation or ruling of the planning commission and may make any findings that are not inconsistent with the provisions of the Subdivision Map Act of the Government Code or any local ordinance adopted pursuant to the Subdivision Map Act, the County General Plan or Specific Plan. The board shall prepare written findings of fact as required by Sections 66474 and 66473.5 of the Government Code.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The term of map approvals shall be for twenty-four months as specified in the state of California Subdivision Map Act (Govt. Code).

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The subdivider may request an extension of time for the filing of a final map prior to the expiration of the approved or conditionally approved tentative or vesting tentative map to the planning commission. Planning commission approvals shall not exceed a period of two years per each request of the subdivider. Denial of an application for extension of time for the filing of a final map by the commission is appealable to the board of supervisors.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).