Sutter County Municipal Code § 1400-200 Tentative Maps—procedure and Contents

Prior to the submittal of a land division application, the subdivider may consult with the staff of the Development Services Department for technical advice and procedural instructions. A preliminary map of the subdivision may be submitted and discussed. The preliminary map should be to a scale and detail sufficient to indicate the essential characteristics of the subdivision, including the number, size and design of lots; the location and width of streets; the location of any important reservations or easements; the relation of the subdivision to all surrounding lands and any other detail necessary to enable preliminary review. When a preliminary map is submitted, a meeting shall be scheduled between the subdivider and Development Services Department staff to review the preliminary map and staff recommendations.

([1583] Ord. l584, Sec. 4, May 28, 2013)

Twenty copies, or additional copies as deemed necessary by the Development Services Department Director, of a tentative map, an eight and one-half by eleven inches reduction of the tentative map, a statement of the proposed division of land, a preliminary title report prepared within 90 days of the date application is made, the information required by the Development Services Department Director pertaining to the environmental impact of the proposed project, a signed hazardous waste and substance statement pursuant to Section 56962.5(d) and (f) of the Government Code, and appropriate fees shall be submitted to the Development Services Department.

([1583] Ord. l584, Sec. 3, May 28, 2013; Ord. No. 1650, § 3, 5-22-2018)

(a) Size and Scale. Tentative maps shall be 18 by 26 inches in size and to a scale of one inch equals 100 feet for large areas, and to a scale of one inch equals 50 feet for small areas unless otherwise approved by the Development Services Department Director.

(b) Information Required. Every tentative map shall be clearly and legibly reproduced and shall contain the following information:

(1) A key or location map on which shall be shown the general area including adjacent property, subdivisions and roads.

(2) The tract name or number, date, north point, scale and sufficient description to define location and boundaries of the proposed tract.

(3) Name and address of recorded owner or owners.

(4) Name and address of subdivider.

(5) Name and business address of the person who prepared the map.

(6) Acreage of proposed tract to the nearest tenth of an acre.

(7) Sufficient elevations, contours or notations indicating direction and percent of slope to determine the general slope of the land, the high and low point thereof, and the general slope of all property within 100 feet of the property being subdivided.

(8) The locations, names, widths and grades of all roads, streets, highways and ways in the proposed subdivision, and identification of which are to be offered for dedication.

(9) The locations, names, and existing pavement and right-of-way widths of all adjoining and contiguous highways, streets and ways.

(10) Locations and size of all pipelines and structures used in connection therewith.

(11) Location and character of all existing public utilities.

(12) The widths, locations, and purposes of all existing and proposed easements.

(13) Lot layout, dimensions of each lot, and lot numbers.

(14) City limit lines existing within the general vicinity of the subdivision.

(15) Bearings and distances to quarter-section bounds within the general vicinity of the subdivision.

(16) Boundaries of any units within the subdivision if the subdivision is to be recorded in stages.

(17) Names and owners of land immediately adjacent to the subdivision.

(18) The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines, along with the location of any wells, septic tanks, leach fields, or minimum usable sewage disposal area (MUSDA).

(19) Location of all trees proposed to remain in place, standing within the boundaries of proposed public rights-of-way.

(20) Location of all areas subject to inundation or storm water overflow, ten-Year Flood Plains, and the location, width and direction of flow of all water courses within 100 feet of the property.

(21) Typical section of the proposed street improvements.

(22) Assessor's parcel number of the property being subdivided.

(23) Location of all on-site and off-site water wells and septic systems, either existing or abandon, within 100 feet of the property.

(c) Statement Required.A statement shall be presented by the subdivider in written form accompanying the map and shall contain the following information:

(1) Improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed.

(2) Proposed plan for drainage.

(3) Provision for sewerage and sewage disposal.

(4) Provision for proposed water supply.

(5) Public areas proposed.

(6) Type and location of street lighting proposed.

(7) Proposed building setback lines and width of side yards.

(8) Justification and reasons for any exceptions to provisions of this Chapter, or for any amendments to the Zoning Law, which may be requested in conjunction with the subdivision proposed.

(9) A copy of any restrictive covenants, by-laws, or articles of incorporation proposed shall be attached to the owner's statement as required.

(10) The existing use or uses of the property.

(11) The proposed use or uses of the property.

(12) The tree plantings proposed.

(13) Statement from owner of record, if different than subdivider, consenting to division of land by subdivision.

(14) Statement giving name and address of individual designated to receive all official communications regarding the subdivision.

(15) A statement that the subdivision map will be recorded by multiple final maps, if appropriate.

([1583] Ord. l584, Sec. 3, May 28, 2013)

The Development Services Department Director, or authorized representative, shall examine the tentative map upon submittal and shall not accept said map for distribution unless the same is in full conformance with this Chapter as to form, data, information and other matters required to be shown thereon or furnished therewith.

([1583] Ord. l584, Sec. 3, May 28, 2013)

At the time of acceptance of a tentative map or vesting tentative map for distribution, submittal of an application for an extension of time of approval of a tentative map, waiver of final map requirements, certificate of correction or amending map, a lot line adjustment, a certificate of compliance, or appeal, a fee shall be paid as established by resolution of the Board of Supervisors.

The Development Services Department shall transmit the requested number of copies of the tentative map, together with accompanying data to such public agencies, utility companies and other departments as may be concerned and schedule a meeting of the Subdivision Advisory Conference. Each of the public agencies, utilities and other departments shall, within ten days from receipt of a copy of a tentative map, forward to the Development Services Department a written report of its comments and recommendations thereon. If a reply is not received within the time allowed by this section, it will be assumed that the map conforms to the requirements of the public agency or utility company concerned.

([1583] Ord. l584, Sec. 4, May 28, 2013)

Upon the finding that the tentative map is drawn in compliance with the standards and requirements of this Chapter, and comments from departments and agencies concerned have been received, the Subdivision Advisory Committee shall consult with and review the tentative map, comments, and recommendations of the various agencies involved with the subdivider or his duly authorized representative.

The Development Services Department shall prepare a written report on the conformity of the tentative map to the provisions of the General Plan, the Zoning Ordinance, the recommendation of other agencies, and all other applicable requirements of this and other ordinances and regulations of the County of Sutter and/or the State of California. Any report or recommendations on the tentative map shall be provided to the subdivider prior to any hearing or action on such map by the Planning Commission or the Board of Supervisors. Such required submission in writing shall be deemed complied with when such reports or recommendations are placed in the mail, directed to the subdivider at the address designated in the subdivider's statement.

([1583] Ord. l584, Sec. 4, May 28, 2013)

The Planning Commission shall hold a hearing and take action to approve, conditionally approve, or disapprove the tentative map. Notice of the hearing shall be published in a local newspaper and mailed to property owners owning property within 400 feet of the proposed subdivision at least ten days before the hearing.

(a) Findings—Determination. If the Planning Commission finds that the proposed map complies with the requirements of this Chapter and the Subdivision Map Act and the Zoning Laws of the County, it shall approve or conditionally approve the map. The Planning Commission shall deny the approval of a tentative map if it makes any of the following findings:

(1) That the proposed map is not consistent with applicable general and specific plans.

(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans as specified in Government Code section 65451.

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

(4) That the site is not physically suitable for the type of development.

(5) 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.

(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(7) 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 governing body 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 hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(8) The proposed map would have significant, unmitigated impacts upon the environment, for which a statement of overriding considerations cannot be made pursuant to the California Environmental Quality Act.

(b) In addition to the requirements specified at Section 1400-245 (a), a flood protection finding in either subsection 1 or 2 below shall be made as applicable for all proposed maps. The inability to make one of the required findings is grounds for denial of a proposed map.

1. Urban Level of Flood Protection (ULOP) Finding. A ULOP finding is required when all of the following four location conditions are met:

a. It is located within an urban area with 10,000 residents or more, or an urbanizing area that is planned or anticipated to have 10,000 residents more within the next ten years (as defined in California Government Code section 65007);

b. It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official Flood Insurance Rate Map (FIRM) for the National Flood Insurance Program (NFIP);

c. It is located within an area of potential flooding depth above 3.0 feet from sources of flooding other than local conditions that may occur anywhere in a community; and

d. It is located within a watershed with a contributing area of 10 or fewer square miles, as determined by the County.

If all four of the conditions are met, the Planning Commission shall make one of the following findings related to an urban level of flood protection:

•

The facilities of the State Plan of Flood Control or other flood management facilities provide the required urban level of flood protection to the property, development project or subdivision.

•

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the required urban level of flood protection.

•

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas, to be achieved by 2025.

•

The property in an undetermined risk area has met the urban level of flood protection.

2. National FEMA Standard of Flood Protection Finding. A national FEMA standard of flood protection finding is required when both of the following location conditions are met:

a. It is located outside of an urban area or urbanizing area; and

b. It is located within a flood hazard zone that is mapped as either a special hazard area or an area of moderate hazard on FEMA's official FIRM for the NFIP.

If both of the conditions are met, the Planning Commission shall make one of the following findings related to the national FEMA standard of flood protection:

•

The facilities of the State Plan of Flood Control or other flood management facilities provide the national FEMA standard of flood protection to the property, development project or subdivision.

•

The County has imposed conditions on the property, development project or subdivision that are sufficient to provide the national FEMA standard of flood protection.

•

The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the national FEMA standard of flood protection.

(c) Report to Subdivider. The Planning Commission shall report its action directly to the subdivider or his designated representative.

(d) Report to the Board of Supervisors. Following action by the Planning Commission, a copy of the tentative map, together with a copy of the Planning Commission action thereon, shall be transmitted to the Board of Supervisors for its information.

(Ord. No. 1650, § 4, 5-22-2018)

(a) If the County receives an application for a tentative map that requires a general plan amendment or rezoning, or both, to render the land use proposed by the tentative map consistent with the general plan and zoning, the Board of Supervisors shall be the final decision-making body on such tentative maps. Notwithstanding any other provision of this Chapter, any action by the Planning Commission on such tentative maps shall be a recommendation to the Board of Supervisors.

(b) Applications for a tentative map, general plan amendment, or a rezoning as described in subdivision (a) shall be considered at a public hearing by the Board of Supervisors. Following the public hearing, the Board of Supervisors shall make appropriate findings and approve, approve with conditions, or deny the tentative map.