Tehachapi Municipal Code Ch. 17.16 Tentative Maps

A tentative map (tract or parcel) for which approval is sought for any subdivision shall be filed as follows:

A. Each subdivider shall file or cause to be filed such copies of the tentative map as may be required by the city planner with the city planner at City Hall, 115 South Robinson Street, Tehachapi, California.

B. Every person submitting a tentative map shall pay a processing fee as set by city council resolution.

C. The copies of the tentative maps shall be accompanied by a letter of transmittal from the subdivider or his authorized representative specifying all documents or papers being filed, including required information not shown on the map, and such other information and documentation as may be required by the city planner.

D. Every person submitting a tentative map shall also submit three copies of a preliminary title report covering all easements, ownerships and title with respect to all lots or parcels of the subdivision.

E. The date of initial filing of a tentative map shall be construed to be the time at which a completed application therefor, including the tentative map, together with any required fees, preliminary title report and required data, information and documentation is received by the city planner, who shall, upon determining that the filing is complete, indicate the date of filing upon all copies of the tentative map and accompanying data, documents or information; provided, however, no tentative map shall be deemed filed until necessary zoning approvals have been secured. The foregoing shall not be interpreted to preclude "pre-filing" concurrent processing of applications for zone changes and tentative maps.

(Ord. 90-13-575 § 1(part), 1990)

The tentative map shall be prepared by or under the direction of a registered civil engineer authorized to perform land surveying or a licensed land surveyor and shall be in the following form:

A. The tentative map and all information thereon shall be clearly and legibly drawn and written and may be rejected by the city planner if not so done.

B. The size of each sheet shall be at least eighteen by twenty-six inches but not larger than twenty-four by thirty-six inches.

C. The scale of the map shall be large enough (not smaller than one inch equals one hundred feet) to show clearly all details thereof and enough sheets shall be used to accomplish this end. The number of the sheet and the total number of sheets comprising the tentative map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown. Each parcel or lot shall be numbered or otherwise designated. The exterior boundary of the parcels or lots being created shall be indicated by a shaded border. The map shall show the definite location of the parcels or lots and the map's relation to surrounding surveys.

(Ord. 90-13-575 § 1(part), 1990)

The tentative map shall show the following information:

A. The number of the subdivision as secured from the county planning department and the date of preparation;

B. Name and address of record owner or owners;

C. Name and address of registered engineer or licensed land surveyor who prepared the map and his license number;

D. Name and address of the subdivider;

E. Sufficient description to define the location and boundaries of the proposed subdivision and its relation to existing, adjacent subdivision maps; north point and scale;

F. The locations, names and widths of adjacent, existing and proposed streets and their approximate grades and of existing or proposed easements for all utilities and access;

G. Radius of each curve;

H. Lot or parcel layout and dimensions of each lot or parcel, total number of lots, total number of buildable lots, total area of each irregular (nonrectangular) lot, and total acreage;

I. Boundaries of areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses, drainage channels and existing drainage structures;

J. Existing topographic contours and proposed direction of drainage flows in streets;

K. A preliminary grading plan whenever a subdivision has:

1. Any excavation two feet or more in vertical depth and/or any cut slope five feet or more in vertical height with a slope steeper than two feet horizontal to one foot vertical,

2. Any embankment placed on natural grade greater than three feet in depth with slope steeper than five feet horizontal to one foot vertical. No such embankment shall obstruct a drainage course,

3. Any portion with an elevation differential of one-and-one-half feet or more from adjacent property;

L. All existing buildings, structures or uses, including trees and fences, accurately located on the property being divided together with their dimensions; the distance between buildings and structures, the number of stories of each building, and their locations in relation to existing or proposed street and lot or parcel lines;

M. The distance of buildings or structures to the boundary lines of parcels on which located;

N. Present use zone or district and the proposed use or uses of the property;

O. Proposed method of water and other utility supply;

P. Proposed method for sewerage;

Q. Proposed public areas and facilities, if any;

R. Show all dedications and irrevocable offers of dedication on the tentative map or to be made by separate instrument;

S. For any residential subdivision, the school district and, where such information is readily available, the schools serving the subdivision.

(Ord. 90-13-575 § 1(part), 1990)

Such of the information mentioned in Section 17.16.030 as may not practicably be shown on the map shall be contained in a statement accompanying the tentative map. Should he so intend, the subdivider shall specify in such statement his intent to file multiple final maps. Any request for waiver of signatures under Section 66436 of the Map Act should accompany any tentative parcel or tentative tract map.

(Ord. 90-13-575 § 1(part), 1990)

A. When the tentative map is received and filed under the provisions of this title, the city planner shall, within three days thereafter, transmit the tentative map to each of the following:

1. City engineer;

2. Building department;

3. Police department;

4. Fire department;

5. Office of Intergovernmental Management when required under Section 12037 of the Government Code;

6. Kern county planning director;

7. California Department of Transportation;

8. Southern California Edison or other affected gas or electric utility;

9. Pacific Bell or other affected telephone or telegraph company;

10. Cable TV companies affected;

11. School districts as required by Section 66455.7 of the Map Act;

12. Affected owners of drainage ditches or canals, and any other public agency or public utility affected by the subdivision.

B. Such public agencies and public utilities shall review the tentative map and transmit any report or recommendations thereon to the city planner who shall incorporate them into his report and recommendations to the advisory agency.

C. The departments of the city to which the map is transmitted shall file with the city planner within ten days of receipt showing what changes are necessary to make such map conform to the requirements of this title and the Map Act coming within the jurisdiction of such department.

(Ord. 90-13-575 § 1(part), 1990)

A. The city planner shall, not less than ten days before the date of the hearing, give notice of the date, time, place of hearing, location of the property and the nature of the request in the following manner:

1. By publishing once in a newspaper of general circulation in the city; and

2. By mailing a notice, postage prepaid, to the applicant; to each member of the planning commission; to the owner of the property to be subdivided and of interests in or rights to mineral or hydrocarbon substances where combined with right of entry; and to the owners of all property within three hundred feet of the exterior boundaries of the property involved, using for these purposes, the names and addresses as shown on the last equalized county assessment roll.

3. In addition, not less than ten days prior to the hearing, the applicant shall post signs on the property indicating the date, time, and place of the hearing.

a. One sign shall [be] posted for every three hundred feet of street frontage, or portion thereof, with a maximum of two signs per street frontage. If no portion of the property fronts an existing public street, at least one sign shall be posted on the property nearest the point of legal access from a public street or as otherwise directed by the planning director.

b. The size of the sign shall be eight feet wide by four feet high. Lettering style, formatting, mounting, and materials to be used shall be as set forth by the planning director.

c. The applicant shall file with the planning department, on a form provided by the city, photographs of the posted signs and a declaration, signed under penalty of perjury, that the property has been posted according to the requirements of this section.

d. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the planning department within five days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted.

e. The applicant shall remove all signs posted pursuant to this section within ten days after the hearing. Should the applicant withdraw its application, all signs posted shall be removed within ten days of the withdrawing of the application.

f. Should the applicant fail to remove any sign within the specified time, the city may remove any such sign and the costs thereof shall be borne by the applicant.

B. After notice is given as provided in this section, the advisory agency shall hold and conduct a public hearing.

C. Following the public hearing, the advisory agency shall recommend the city council either approve, make findings as required by Section 17.16.070, conditionally approve or disapprove the tentative map and shall take such action within fifty days after the filing of the map, unless such time is extended by agreement with the subdivider or, whenever an environmental impact report is prepared for a tentative map, within forty-five days after certification of such report. Where a subdivider has specified his intent to file multiple final maps at the time of filing a tentative tract map, the advisory agency shall consider and may impose reasonable conditions relating thereto.

D. After the public hearing and decision by the city council, the city planner shall, within one calendar week after the date of decision, return to the subdivider one copy of the map with a statement of the action and reasons therefor and a statement of what changes, if any, are necessary to render the tentative map acceptable. Another copy, together with a copy of the aforesaid statement, shall remain in the files of the advisory agency, and one copy of the statement shall be sent to the following: city engineer and building department.

E. At the same time the advisory agency shall recommend the improvements which will be required under the provisions of this title and the dedications and irrevocable offers of dedication and the form thereof, which will be required under the provisions of this title and shall designate any other requirements lawfully authorized to be made.

F. Optional tentative maps may be filed at the same time but action of the advisory agency shall relate only to one such map. For purposes of this subsection, a lot line adjustment or parcel map waiver does not constitute a different tentative map.

G. The recommendation of the advisory agency shall be subject to appeal as provided in this title.

(Ord. 90-13-575 § 1(part), 1990)

(Ord. No. 10-02-704, § 1, 6-21-2010)

A. Delegation. The responsibility for making recommendations to the city council shall include the following requirements:

1. No map shall be approved unless the advisory agency finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan as required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code, and makes the findings required by Sections 66412.3 and 66473.1 of the Map Act.

2. The advisory agency shall recommend denial of a final or tentative subdivision map if it makes any of the following findings:

a. That the proposed map is not consistent with applicable general and specific plans;

b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

c. That the site is not physically suitable for the type of development;

d. That the site is not physically suitable for proposed density of development;

e. Except as provided in Section 66474.01 of the Map Act, 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;

f. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

g. 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 advisory agency 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 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 and no authority is granted to the advisory agency to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

3. The advisory agency shall determine whether the discharge of waste from the proposed subdivision into an existing city sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the advisory agency finds that the proposed waste discharge would result in, or add to, violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

B. Compliance with Tentative Map. The city council shall not deny approval of a final map pursuant to Section 66474 of the Map Act if the city council has previously approved a tentative map for the proposed subdivision if the city council finds that the final map is in substantial compliance with the previously approved tentative map.

C. Appeal. Any interested person may appeal any decision of the advisory agency relative to the matters stated in subsection A of this section to the city council. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5 of the Map Act.

(Ord. 90-13-575 § 1(part), 1990)

A. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval.

B. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of three years.

C. The subdivider may request an extension of the tentative map approval or conditional approval by written application to the advisory agency, and such application shall be filed at least thirty days before the approval or conditional approval is due to expire unless the advisory agency, for good cause shown, determines to hear an application filed within such thirty-day period. The application shall state the reasons for requesting the extension. Consent of the subdivider to new or revised conditions required by the advisory agency shall be a prerequisite to approval of any extension.

D. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this chapter.

E. Failure to file a final tract map with the city clerk or to file a final parcel map with the city planner within twenty-four months from the approval or conditional approval of the tentative map or any extension thereof, shall terminate all proceedings. Before such final tract or final parcel map thereafter be filed with the county recorder a new tentative map shall be submitted.

F. If the subdivider whose tract has been approved by the advisory agency for multiple, or phased, final maps is subject to a requirement of one hundred twenty-five thousand dollars or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Section 66456.1 of the Map Act shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. The provisions of this subsection shall not apply unless the subdivider requests that they be applied prior to close of the public hearing on his tentative map and requests that the number of phased final maps which may be filed be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. "Public improvements," as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Where the provisions of this subsection so apply, upon the recordation of a final map for any phase, the city engineer shall conform the conditions applicable to all remaining phases to the development regulations of the city in effect as of such date.

G. A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(Ord. 90-13-575 § 1(part), 1990)

A. No tentative map shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the city's CEQA resolution.

B. The subdivider shall provide such additional data and information, which may be required in the form of a draft EIR, and deposit and pay such fees as may be required for the preparation and processing of any required environmental documents.

(Ord. 90-13-575 § 1(part), 1990)

Every tentative map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to the off-site property, set forth in Chapter 70 of the Uniform Building Code adopted by the city.

(Ord. 90-13-575 § 1 (part), 1990)