§ 17.20

No application for a subdivision shall be accepted until the subdivider has either submitted proof of acquisition of all easements or demonstrated sufficiently to the city engineer that good faith attempts to acquire said easements by negotiation, including offer to purchase, have been unsuccessful. Each subdivider shall file with the city planning commission thirty reproduced copies of the tentative map of each subdivision for which a final map is required. Each subdivider shall file with the city planning commission thirty reproduced copies of the tentative map of each subdivision for which a parcel map is required. The required number of copies of the tentative map of each subdivision prepared in accordance with the requirements of this title shall be accompanied by the filing fee prescribed by resolution of the city council, any required reports and such additional copies of the owner's statement and accompanying data as may be requested by the planning commission.

(Ord. 1672 § 2 (part), 1993: Ord. 1271 § 1, 1988: Ord. 999 § 1 (part), 1985)

17.20.030 - Authority and action of planning commission.

(a)

The planning commission shall require the subdivider to submit to the planning commission reports on the design and improvement of any proposed division of real property for which a tentative map is filed and shall have the authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve or disapprove such tentative map and division of land. When a tentative map requires the filing and approval of a parcel map or final map, the planning commission shall conduct a public hearing pursuant to Chapter 17.108 of this code on the tentative map. The planning director and city engineer shall advise and assist in making investigations and reports on tentative maps. The city planning commission shall, within fifty days from the date of filing of any tentative map with the commission, act thereon as submitted or modified, and if approved, the city planning commission shall express its approval and submit the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor. If no action is taken upon a tentative map by the planning commission to approve, conditionally approve or disapprove the tentative map within fifty days or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with all other applicable requirements of the Subdivision Map Act and this title, and it shall be the duty of the clerk of the legislative body to certify such approval. However, if an environmental impact report is prepared for the tentative

map, the fifty-day period specified in this section shall not be applicable and the planning commission shall render its report of decision required by this section within forty-five days after certification of the E.I.R.

(b)

A report as to conformity to the general plan which is required pursuant to Section 65402 of the Government Code as the result of the proposed division of land may be included as part of and at the same time as the action taken by the planning commission on such proposed division of land. Pursuant to subsection (a) of Section 65402 of the Government Code, the report as to conformity to the general plan is not required for a proposed subdivision which involves (1) a disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening or (3) alignment projects, provided that the planning commission expressly finds that any such disposition for street purposes, acquisitions, dispositions or abandonments for street widening or alignment projects is of a minor nature.

(c)

Where a tentative map is filed in conjunction with a request for planned unit development, the planning commission shall act only to make recommendations to the city council. No recommendation by the planning commission to the city council shall be deemed as approval, conditional approval or disapproval of the tentative map.

(Ord. 999 § 1 (part), 1985)

17.20.035 - Action of the city council—Tentative map filed in conjunction with planned unit development.

The city council shall act to approve, conditionally approve or disapprove any tentative map submitted in conjunction with a planned unit development. When the city council, in considering a tentative map requires substantial changes in the design of the subdivision, the tentative map shall be referred to the planning commission for review and recommendation. Reconsideration by the planning commission shall be subject to the requirements of Chapter 17.108 of this title. Approval, conditional approval or disapproval of any such tentative map shall be subject to all other applicable provisions of the Subdivision Map Act and/or this title.

(Ord. 999 § 1 (part), 1985)

17.20.040 - Record of the planning commission or city council action.

The action of the city planning commission or city council shall be noted on three copies of the tentative map. One copy shall be returned to the subdivider, one copy shall be retained by the city planning commission and one copy shall be transmitted to the city engineer.

(Ord. 999 § 1 (part), 1985)

17.20.050 - Approval of tentative map does not constitute approval of final map or parcel map.

Approval of the tentative map shall not automatically constitute approval of the final or parcel map. Rather it shall be deemed an expression of approval of the layout submitted on the tentative map as a guide only for the preparation of the final map or parcel map.

(Ord. 999 § 1 (part), 1985)

17.20.060 - Expiration of tentative map approval.

(a)

An approved or conditionally approved tentative map shall expire in thirty-six months after its approval or conditional approval. Additional automatic extensions to the approved or conditionally approved tentative map shall be in accordance with Section 66452.6 of the Subdivision Map Act.

(b)

The expiration of the approved or conditionally approved tentative map shall terminate all proceeding and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. Once a timely filing is made, subsequent actions, including, but not limited to, processing, approving and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

(c)

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the planning commission. The first extension shall be for a maximum period of three years. The second extension shall be for a maximum period of two years. Both extension periods shall be from the date of expiration of the tentative map. If the time periods are less than the maximum identified above, additional extension periods may be granted. All extension approvals shall be in accordance with Section 66452.6 of the Subdivision Map Act.

(Ord. 2005 § 1, 2003: Ord. 1287 § 2, 1989: Ord. 1130 § 1, 1987; Ord. 999 § 1 (part), 1985)

The subdivider may appeal from any action of the planning commission with respect to a tentative map to the city council. Such appeal and the hearing thereon shall be conducted in the manner provided by the Government Code Section 66452.5 and Chapter 17.24 of this title.

(Ord. 999 § 1 (part), 1985)

Any subdivider may withdraw a tentative map which he has filed at any time prior to the recording of the final or parcel map thereof. Notice of such withdrawal shall be made in writing to the planning commission. No refund of fees required in accordance with Chapter 17.12 of this title shall be made for any such map withdrawn.

(Ord. 999 § 1 (part), 1985)

The time of filing a tentative map shall be construed to be the time at which the map, together with required data and fees, is received by the city planning department. The planning department shall transmit a copy of the tentative map to each of the following:

(a)

The city engineer;

(b)

Each county and city entitled by law to review and recommend thereon;

(c)

The Real Estate Commission of the state, provided a final map is to be required;

(d)

The affected school district;

(e)

The public utilities serving the area;

(f)

The sanitation district;

(g)

The District Engineer of the State Transportation Agency if a state or federal highway is affected;

(h)

Special districts or other public agencies concerned.

One copy of the accompanying data shall be forwarded to the city engineer. Ten calendar days from the date of mailing of the copies of the map shall be allowed for the various agencies to respond. The agencies shall be deemed to have no comment concerning the map if none is received within the ten-day period.

(Ord. 999 § 1 (part), 1985)

The tentative map shall be clearly and legibly drawn. The minimum dimensions of the map shall be eight and onehalf by fourteen inches for subdivisions containing four or less parcels, and shall be eighteen by twenty-six inches for subdivisions containing five or more parcels.

(Ord. 999 § 1 (part), 1985)

The scale of the map shall be large enough to clearly show all of the details thereof, and in no case shall the scale be less than one inch equals one hundred feet for subdivisions containing five parcels or more. When the area to be subdivided is not shown on one sheet, the city planning commission may require the submission of a map showing the entire area indicating streets keyed to each sheet of the tentative map.

(Ord. 1271 § 2, 1988: Ord. 999 § 1 (part), 1985)

The tentative map for a subdivision for which a final map is required shall contain the following information except where specifically waived by the city engineer and director of planning based upon existing records to their respective offices and/or supplemental information furnished by the subdivider:

(1)

The tract number if a final map is required or proposed to be filed;

(2)

Sufficient data to define the location and boundaries of the proposed subdivision;

(3)

Name, telephone number and address of owner or owners of record;

(4)

Name, telephone number and address of subdivider;

(5)

Name, telephone number and business address of person who prepared the map;

(6)

The location, names and existing widths of adjacent streets, highways and other dedicated and nondedicated access ways;

(7)

The location, names and widths of all existing or proposed streets, ways, pedestrian or bicycle paths in the subdivision and their approximate grades including typical sections thereof. No street name shall be used which duplicates or may be confused with the name of any street existing in the city or adjacent unincorporated areas;

(8)

The location of existing utilities, sewers, drainage ditches and other drainage facilities located in or adjacent to the proposed subdivision;

(9)

The location and dimensions of all known existing easements and reserves;

(10)

Approximate radius of each curve;

(11)

Approximate lot arrangement and approximate dimensions of each lot;

(12)

When the tentative map is submitted, the subdivider shall show that he is the holder of record title interest in to the property shown on the map as proposed for subdivision.

(13)

Approximate boundaries of areas subject to inundation or storm water overflow and the location, width and direction of flow of natural water courses;

(14)

Plan and easements for drainage and for handling storm waters;

(15)

Existing use or uses of the property and, to scale, the outline of any existing buildings or underground structures and their locations in relation to existing or proposed street and lot lines;

(16)

A statement of the general plan land use designation, zoning and proposed use of the property;

(17)

Source of water supply;

(18)

Provision for sewage and sewage disposal;

(19)

Areas to be reserved for public or semi-public use;

(20)

Topography with contours such that:

(a)

Contour intervals of two feet or less shall be used where ground slope is ten percent or less,

(b)

Contour intervals of five feet or less shall be used where ground slope exceeds ten percent;

(21)

A statement of the improvements proposed to be made or installed;

(22)

Railroad rights-of-way and grade crossings;

(23)

Date the map was drawn, north point arrow, scale and reference to the datum of Victorville;

(24)

Key map locating the proposed subdivision in relation to surrounding areas;

(25)

The lot numbers and boundary lines of all adjacent parcels of land and the names of owners of record of such parcels that are subdivided;

(26)

Proposed public utilities easements and easements for sanitary sewer and water utilities;

(27)

When a tentative map is submitted, the subdivider shall show that he is the holder of record title interest in and to the property shown on the map as proposed for subdivision;

(28)

A development plan as set forth in Chapter 17.28 of this title may be required;

(29)

A drainage study and plan prepared by a registered civil engineer and based on the requirements of Chaper 17.60 of this title;

(30)

The tentative map shall show the various phases (Phase 1, Phase 2, etc.) of development if it is proposed to file more than one final map encompassing the area of the tentative map.

(Ord. 999 § 1 (part), 1985)

17.20.130 - Map—Minimum required information (parcel map).

(a)

The tentative map for a subdivision for which a parcel map is required shall contain the following minimum information. The subdivider may be required by the planning commission to submit all of the information as set forth in Section 17.20.120 of this chapter and such additional information as it may require for any such tentative map when the commission deems it necessary for their adequate consideration of the proposed subdivision.

(1)

The parcel map number if a parcel map is required or proposed to be filed;

(2)

Sufficient data to define the location and boundaries of the proposed subdivision;

(3)

Name, telephone number and address of owner or owners of record;

(4)

Name, telephone number and address of subdivider;

(5)

Name, telephone number and business address of person who prepared the map;

(6)

The location, names and widths of all existing or proposed streets, ways, pedestrian or bicycle paths in the subdivision;

(7)

The location and dimensions of all known existing easements and reserves;

(8)

Approximate radius of each curve;

(9)

The approximate lot or parcel arrangement and approximate lot or parcel size;

(10)

Approximate boundaries of areas subject to inundation or stormwater overflow and the location, width and direction of flow of natural water courses together with plan and easements for drainage and for handling storm waters and a map showing topography of the area. (This information may be shown on a United States Geological Survey Quadrangle, 7.5 minute series, scale 1 to 24,000);

(11)

Date the map was drawn, north point arrow and scale of the map; and

(12)

When the tentative map is submitted, the subdivider shall show that he is the holder of record title interest in and to the property shown on the map as proposed for subdivision.

(b)

The subdivider shall be required to sign a declaration that he does not hold any record title interest in or have any option or contract to purchase any contiguous or adjacent property, the declaration shall also include the subdivider's statement that he has or has not, in the past, held any record title interest in any contiguous or adjacent property to that which he proposes to subdivide.

(Ord. 999 § 1 (part), 1985)

Such of the information required in Sections 17.20.120 and 17.20.130 of this chapter as may not practically be shown on the tentative map shall be contained in a written owner's statement accompanying the map.

(Ord. 999 § 1 (part), 1985)

Chapter 17.22 - DEVELOPMENT RIGHTS—VESTING TENTATIVE MAPS

Sections: