Mendota Municipal Code Ch. 16.16 Tentative Maps

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

B. Optional alternative tentative maps may be filed at the same time. Each filing of each alternative tentative map shall constitute a separate action. A filing fee as set forth in Section 16.20.060 shall be required for each tentative map filed in the event that a new tentative map is filed or an approved tentative map is revised and subsequently approved by the city; the most recently approved tentative map shall constitute the only recognized tentative map in the consideration of the final map.

(Prior code § 14.05.001)

Prior to the filing of a tentative map, the subdivider shall submit the tentative map and the subdivider's statement, and any other information that the subdivider deems necessary to sufficiently describe the proposed development to the secretary of the planning commission for examination as to conformity with the provisions of this chapter. Where discrepancies exist, the secretary of the planning commission may return the map to the subdivider for correction, revision or submission of a petition for exception. The tentative map shall be accepted for filing when it is in full compliance with the provisions of this chapter.

(Prior code § 14.05.002)

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

(Prior code § 14.05.003)

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

(Prior code § 14.05.004)

A. Tentative maps shall be to a scale of 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.

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

(Prior code § 14.05.005)

The tentative map shall show and contain the following information:

A. The tract number (and tract name, if any);

B. Date of preparation, north point and scale;

C. Name, address and telephone number of the subdivider; the record owner and the person or persons preparing the map;

D. A sufficient legal description of the land to define the boundaries of the proposed tract;

E. A site location map where necessary to locate the tract;

F. Approximate ties to section corner or other known point;

G. The boundary lines of the subdivision to be shown as required on the final map;

H. The approximate layout, dimensions and number of lots;

I. The approximate acreage of the subdivision;

J. Ownership division lines of abutting properties as shown on the latest assessor's parcel map and tract number (and name, if any) of adjoining subdivisions;

K. Identification of lots in the proposed subdivision as to the existing and proposed use. If property is to be used for more than one purpose, the area, lot or lots proposed for each type of use shall be shown. Identification of proposed public uses, if any;

L. The approximate location of trees and the location and outline to scale of buildings and structures (wooded areas and orchards may be indicated as such without locating each individual tree) and a description of their proposed disposition;

M. The locations, names and existing right-of-way widths of all adjoining highways, roads and alleys. The centerline and gutterline elevations of the adjoining streets shall be shown at every change in grade;

N. The location, widths and approximate gradients of all highways, roads and alleys proposed within the tract;

O. Each road shown by its actual name or by a temporary name or letter for purposes of identification until the proper name of such road is determined;

P. The approximate radii of all curves;

Q. Location of marginal or dividing strips, if any;

R. The widths and approximate locations of all existing or proposed easements or rights-or-way within the subdivision or along its boundaries, whether public or private, for roads, railroads, drainage, stormwater, irrigation canals, sewers or public utility purposes;

S. Accurate contours shall be shown, drawn to intervals prescribed in the city standards adopted by the city council. Said contours shall be extended into adjacent property a sufficient distance to establish proper topographical relationships;

T. Approximate location of all areas subject to inundation or stormwater overflow, and the locations, widths and direction of flow of all watercourses;

U. The proposed surface water drainage flow;

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

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

X. Proposed phasing of development.

(Prior code § 14.05.006)

A subdivider's statement shall accompany the tentative map on a form provided by the secretary of the planning commission, and shall contain the following:

A. The total acreage of the tract, the total number of lots in the tract and the minimum lot size (in square feet when less than an acre);

B. The existing and proposed use of the property;

C. The existing and proposed zoning on the property;

D. Existing structures on the property;

E. Existing easements on the property;

F. Statement regarding improvements with reasons for any modification or exceptions to the provisions of this chapter;

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

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

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

J. Statement regarding other public utilities and services;

K. Statements regarding restrictive covenants;

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

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

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

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

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

Q. A preliminary title report describing the status of all interests in the parcel to be divided.

(Prior code § 14.05.007)

A. Before filing a tentative map, the subdivider or his authorized agent shall obtain from the Fresno County recorder the assignment of a number for the tract to be subdivided. These numbers shall be assigned in consecutive order.

B. When a tract number has been assigned, the subdivider shall place the same upon each sheet of the tentative and final map of the subdivision, and the number shall not thereafter be changed or altered in any manner upon the tentative and final map of the subdivision unless and until a new number has been assigned in the manner provided in this section.

(Prior code § 14.05.008)

Copies of the map shall be transmitted by the clerk to the following:

A. Commission (two copies);

B. Council;

C. County planning commission;

D. Alta irrigation district;

E. State division of highways (if affected);

F. City engineer;

G. Each public utility affected;

H. Each elementary school district affected.

(Prior code § 14.05.009)

Upon receipt of a filed copy of such tentative map, each review agency shall examine the map to ascertain if the subdivision proposed thereon conforms to the requirements coming within the authority scope of that agency and within fourteen (14) days after receipt thereof make a written report to the secretary of the planning commission.

(Prior code § 14.05.010)

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

(Amended during 1995 codification; prior code § 14.05.011)

A. Within fifty (50) days of the filing of a tentative map with the secretary of the planning commission, the planning commission shall hold a public hearing on said tentative map and, following the public hearing, take action by written resolution to recommend to the city council to approve, conditionally approve or disapprove the tentative map.

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

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

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

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

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

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

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

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

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

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

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

(Prior code § 14.05.012)

The commission shall in its report determine whether the tentative map complies with this chapter and the map act, and shall approve, conditionally approve or disapprove the subdivision design and the map, and shall recommend the kind, nature and extent of the improvements and dedications to be required, and easements to be furnished by the subdivider.

(Prior code § 14.05.013)

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

B. Notice of the time and place of the city council hearing shall be given in same manner as set forth in Section 16.16.120 of this code.

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

(Prior code § 14.05.014)

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

B. At such hearing, the council shall hear the testimony of the subdivider or any witnesses on his behalf and may hear the testimony of the representative of the advisory agency or any witness on its behalf, and may also hear the testimony of other competent persons respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into.

(Prior code § 14.05.015)

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

(Prior code § 14.05.016)

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

(Prior code § 14.05.017)

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

(Prior code § 14.05.018)

A subdivider shall be entitled to file a new tentative map of any area or portion thereof for which a tentative map has been previously filed, provided that such new map shall be deemed to have superseded and voided all prior maps of such area. If such map is filed prior to action thereon by the commission, or pursuant to order of the commission or council, no filing fee shall be required; but otherwise the regular fee for filing a tentative map shall be paid, except if such map is filed within six months of action on the prior map by the commission, the fee shall be half the regular fee. The commission or its secretary shall deliver the map and any papers lodged with it relating thereto to the council on the request of the clerk or the mayor. The council shall give twenty-four (24) hours written notice of its intended consideration of such map to the secretary of the commission, and also such notice shall be delivered to the address of the subdivider as shown on the tentative map, or at such other address as he may have filed with the clerk. At such hearing the council shall hear the testimony and make such findings as are mentioned in Section 16.16.140.

(Prior code § 14.05.019)