Chapter 17.12 — TENTATIVE MAPS

A tentative map shall identify the total property proposed to be subdivided, shall show the plan of development proposed in detail, and shall be filed with the planning commission. The planning commission shall accept the tentative map for filing when the foregoing requirements have been complied with.

Tentative maps shall contain the following information:

A.

The tract name or number, date, north point, scale, sufficient description to define the location and boundaries of the proposed tract and ties to existing permanent monument of record.

B.

Name and address of record owner or owners.

C.

Name and address of the subdivider.

D.

Name and business address and number of the registered engineer or licensed surveyor who prepared the tentative map.

E.

Sufficient elevations or contours to determine the general slope of the land, the high and low points thereof, and all drainage features. Areas subject to inundation or overflow shall be so indicated. If any portion of the subject property is identified on the flood hazard boundary maps, the subdivider shall identify the flood hazard area and elevation of the base flood in accordance with Chapter 17.16.

F.

The locations, names, widths, and approximate grades and curve radii and horizontal alignment of all streets in the proposed subdivision.

G.

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

H.

The approximate widths, locations, purposes, and restrictions of all existing and proposed easements;

I.

Approximate layout and approximate dimensions of each lot. Lots shall be numbered, and total acreage of tract shall be shown; and

J.

The dimensions and locations of any existing buildings which are to remain in place on the property.

K.

Existing use or uses of the property;

L.

Proposed use or uses of the property;

M.

Statement of the improvements and public utilities proposed to be made or installed, and of the time at which such improvements are proposed to be completed;

N.

Provisions for water supply and sewerage disposal;

O.

Public areas proposed;

P.

Proposed tree planting and removal as specified in Chapter 13.24 (Trees and Landscaping);

Q.

Justification and reasons for any exceptions to the provisions of this title;

R.

A description of existing zoning and any rezoning or variance proposed;

S.

A preliminary copy of any proposed restrictive covenants shall be filed with the tentative map.

T.

A preliminary grading plan, if any grading outside road rights-of-way is proposed.

U.

All other requirements as set forth on the application required by the planning commission.

V.

A tentative map shall include a certificate signed and dated by the owner or agent stating: "I am the [owner] [agent of owner] of record and [I] [he/she/they] consent(s) to the filing of this parcel map in compliance with the requirements of this title, and Title 7, Division 2 of the California Government Code, the Subdivision Map Act."

(Ord. 321A, 2007)

Any subdivider seeking approval of a tentative map shall submit a completed application to the planning department. No tentative map shall be accepted as complete unless it complies with the requirements for submittal as established by the city council.

(Ord. 321A, 2007)

The city council shall approve a schedule of fees for the processing of subdivisions to recover the costs incurred in reviewing proposed subdivisions. Said fees shall include costs incurred in reviewing tentative maps, final maps, and parcel maps. The city council may review and adjust such fees if it deems necessary to cover all processing and review costs.

(Ord. 321A, 2007)

17.12.080 - Review of a tentative map.

A.

Each tentative map and required forms and information shall be reviewed by the city planner prior to acceptance as a completed application. When the city planner does not require additional information, the application shall be deemed complete thirty calendar days after submission of the application. When additional information is required by the city planner, the application shall be deemed complete thirty calendar days after all information is received and accepted by the city planner.

B.

The city planner may forward copies of the application to all persons, agencies, and districts the city planner deems should be notified.

C.

No less than ten calendar days prior to the planning commission meeting for which the proposed tentative map is set for hearing, the city planner shall notice the meeting as required.

D.

No less than three calendar days prior to the planning commission hearing, the city planner shall serve the subdivider a copy of the report to be presented to the planning commission.

E.

All time limits not specified in this title shall be as specified by state law.

(Ord. 321A, 2007)

The planning commission shall take action on a tentative map within fifty calendar days of the date on which the application is deemed complete. If an environmental impact report is required, the planning commission shall render its report or decision required by this section within forty-five calendar days after certification of the environmental impact report.

The planning commission shall determine whether the tentative map is in conformity with the general plan, with the proper standards for lot and street design, with the improvement standards of the city, and with all provisions of this title. As conditions of approval, the commission may require a dedication of real property within the proposed subdivision for roads, including access and abutter's rights, drainage, public utility and other easements, may require the construction of reasonable off-site and on-site improvements for the parcels being created, and may impose other conditions of approval as the commission deems are necessary to ensure the public health, safety, and welfare.

Approval of a tentative or final map shall be denied by the city when it makes any of the following findings:

A.

The proposed subdivision is not consistent with the general plan, any applicable specific, special or community plan, or the city subdivision ordinance; or

B.

The subject property is not physically suitable for the type of development proposed; or

C.

The design of the proposed subdivision or its proposed improvements is likely to cause serious public health problems; or

D.

The design of the proposed subdivision or its improvements is likely to cause substantial environmental damage or substantially and avoidable injury to fish or wildlife in their habitat; or

E.

The design of the proposed 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. The local agency may approve a map if it finds that alternative easements for access or for use will be substantially equivalent to those 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; or

F.

The discharge of liquid or solid waste into a sewer or individual sewage disposal system would result in violation or add to a violation of existing requirements prescribed by the local health officer or the Central Valley Regional Water Quality Control Board; or

G.

The proposed subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities for the proposed new parcels. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. 321A, 2007)

Notwithstanding subsections A through G of section 17.12.100, the city may approve a tentative map provided that:

A.

An environmental impact report was prepared and certified as complete pursuant to the California Environmental Quality Act; and

B.

A "statement of overriding considerations" is adopted pursuant to §21081 of the Public Resources Code, finding that "specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report."

(Ord. 321A, 2007)

17.12.120 - Time limit extensions for application processing.

The time limits for application processing specified in this chapter and Title 7, Division 2 of the California Government Code may be extended upon mutual agreement of the city and the subdivider.

If an environmental impact report is required pursuant to §21000 et seq. of the Public Resources Code, the time limits shall be automatically extended to conform with the requirements of the California Environmental Quality Act.

(Ord. 321A, 2007)

17.12.140 - Appeal of the planning commission decision.

The subdivider or any aggrieved party may appeal the decision of the planning commission, or any conditions thereof, to the city council. Refer to Chapter 17.31 for an explanation of the appeal process.

(Ord. 321A, 2007)

17.12.160 - Subdivider's action.

Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to such approval, and shall cause to be prepared and submitted to the department of public works, the plans, specifications, and other information related to subdivision improvements in accordance with city standards.

A.

No work on any subdivision improvements shall be commenced without the written approval and authorization of the city manager.

B.

No sale or lease of any lot shall be made between the subdivider and any other party prior to recordation of the final map.

C.

Completion of the required improvements shall not be required prior to the approval of the final map if the subdivider has entered into an agreement with the city to complete such improvements within a mutually agreed time. In any case, construction of the improvements shall be required prior to the issuance of a permit or other grant of approval for development on any proposed new parcel. Performance required under any agreement entered into pursuant to this section shall be secured as provided in this title.

(Ord. 321A, 2007)

In accordance with the Subdivision Map Act, a tentative parcel map, tentative map or vesting tentative subdivision map shall be valid for twenty-four months from the date of approval, unless an application for an extension of time is filed sixty days prior to the expiration of the map. The application for an extension shall include a city application, required application fee and/or deposit and a written request explaining the circumstances as to why an extension is needed. The approving authority for the map extension shall be the hearing body (planning commission and/or city council) that initially approved the project. The granting of a map extension shall be in accordance with the Subdivision Map Act.

(Ord. 321A, 2007)

Chapter 17.16 - SUBDIVISION DESIGN