17.05 — TENTATIVE MAPS

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;

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

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

   5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

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

   7. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large.

• D. Extensions of time for planning commission action. The time limits set forth in subsection A of this section for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission.

• (Ord. 333 § 2, 1991)

• A. Any person desiring to subdivide land in the city shall first submit to the city clerk 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 or each alternative tentative map shall constitute a separate action. A filing fee as set forth in Chapter 17.10 of this title 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.

• C. If the tentative map is a vesting tentative map, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

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

• (Ord. 333 § 2, 1991)

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 city for examination as to conformity with the provisions of this title. Where discrepancies exist, as determined by city staff, the planning department 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 title, and all required application fees have been paid and a certificate of acceptance has been dated, signed and issued by the planning department indicating the application has been deemed complete. The subdivider will be notified in writing within thirty days if the application is incomplete. Such notice shall state what information is missing. (Ord. 333 § 2, 1991)

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

(Ord. 333 § 2, 1991)

• A. Tentative maps shall be to a scale of one inch equals no more than one hundred feet; except that subdivisions with lots of two and one-half acres or greater may use a scale one inch equals two hundred feet.

• B. The city engineer may require a different scale if complexity of detail so warrants. The maps shall be clearly and legible reproduced.

• (Ord. 333 § 2, 1991)

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City of Wheatland, CA

WHEATLAND CODE

§ 17.05.050

§ 17.05.050

The tentative map shall show and contain the following information:

• A. The tract number (and tract name, if any) (see Section 17.05.070);

• 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 including a registration or license number;

• 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 and any city limit boundaries adjoining the subdivision;

• H. The approximate layout, dimensions and number of lots, and an identifying number or letter for each lot or unit of air space;

• I. The approximate acreage of the subdivision;

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

• K. Identification of lots in the proposed subdivision as to the existing or 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;

• 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 rights-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 and widths 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, and the location and radius of all curb returns and culde-sacs;

• Q. Location of marginal or dividing strips, if any, and the angle of intersecting streets if such angle deviates from a right angle by more than ten degrees;

• R. The proposed recreation sites, trails, pedestrian walks, bicycle lanes, and parks for private or public use;

• S. The widths and approximate locations of all existing or proposed easements or rights-ofway within the subdivision or along its boundaries, whether public or private, for roads,

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City of Wheatland, CA § 17.05.050

SUBDIVISIONS

• T. Accurate contours shall be shown, drawn to one foot intervals with the source and date of contours indicated. Said contours shall be extended into adjacent property a sufficient distance to establish proper topographical relationships;

• U. Approximate location of all areas subject to inundation or storm water, overflow, and the locations, widths and direction of flow of all watercourses;

• V. The proposed surface water drainage flow and final point and means of disposal;

• W. The proposed method of sewerage and sewage disposal, and the elevation of existing sewer lines at points of proposed connection;

• X. The source of water supply and the lot to be used for the community water supply, if any, as well as the location of fire hydrants, valves, and water system requirements;

• Y. Proposed phasing of development; and

• Z. Existing and proposed zoning designations. (Ord. 333 § 2, 1991)

The planning department or engineering department may waive any of the tentative map requirements set forth in this chapter if the type of subdivision does not need to comply with said requirements or if other circumstances justify a waiver. The planning department and engineering department may require other drawings, data, or information as deemed necessary in exceptional or extraordinary circumstances. (Ord. 333 § 2, 1991)

A preliminary title report and subdivider's statement shall accompany the tentative map. The subdivider's statement shall be on a form provided by the city 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 modifications or exceptions to the provisions of this title;

• G. Statement regarding type of street trees (if any) to be planted, with intervals of spacing;

• H. Proposed drainage, flood control measures and method of storm water disposal;

• I. Provisions for proposed fire hydrants, the proposed source of water supply, and the location

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City of Wheatland, CA

WHEATLAND CODE

§ 17.05.060

§ 17.05.070

and nature of sewerage disposal facilities;

• J. Statement regarding other public utilities and services;

• K. Statement 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 or she is the owner of the property on the map as proposed for subdivision, has examined the map, and consents to its submission;

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

• P. Reasons purporting to justify any departure from the terms of this chapter. (Ord. 333 § 2, 1991)

The tentative map shall be accompanied by the following data or reports:

• A. Soils Reports. A preliminary soils report as described in Section 17.06.030 shall be prepared by a registered civil engineer, unless waived by the city engineer based upon his or her own knowledge of the soil qualities of the subdivision. If the preliminary soils report indicates the presence of soil problems which, if not corrected, would lead to structural defects, corrective action shall be described. The soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The city engineer shall determine if the recommended action is likely to prevent structural damage. As a condition to the building permit, the approved recommendation shall be incorporated in the construction of each structure and the installation of offsite improvements. The soils report shall be kept on file by the city for public inspection.

• B. Drainage Investigations. A preliminary drainage investigation, when requested by the city engineer, based upon his or her own knowledge of drainage qualities of the subdivision, shall be prepared by a registered civil engineer. If the preliminary drainage investigation indicates the presence of drainage problems which, if not corrected, would lead to structural defects of other unsafe, unhealthful, or otherwise undesirable conditions, recommendations for corrective measures shall be shown on the percolation report accompanying the final map. The city engineer shall determine if the recommended action is adequate. As a condition to the building permit, the approved recommended action shall be taken.

• C. Environmental Reviews. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

• D. Other Reports. Any other data or reports deemed necessary by the planning department or engineering department due to exceptional or extraordinary circumstances shall be prepared.

• (Ord. 333 § 2, 1991)

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City of Wheatland, CA § 17.05.070

SUBDIVISIONS

§ 17.05.110

• A. Before filing a tentative map, the subdivider or his or her authorized agent shall obtain from the Yuba County planning department 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 plat 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 above.

• (Ord. 333 § 2, 1991)

A copy of the map shall be transmitted by the city manager to the following:

• A. City manager, one copy;

• B. City engineer, one copy;

• C. Planning director, one copy;

• D. Public works director, one copy;

• E. Police chief, one copy;

• F. Fire chief, one copy;

• G. Affected regulatory agencies;

• H. Affected school districts.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

Review of tentative maps by school districts shall comply with Section 66455.7 of the Subdivision Map Act.

(Ord. 333 § 2, 1991)

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 scope of authority of that agency, and within fifteen days after receipt of the map make a written report to the city manager.

(Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

• A. Notice of Public Hearings. Upon the receipt of a valid application, the completion of the technical review conference, and having received from the planning department a staff report and recommendations for the proposed tentative map, the secretary of the planning commission shall set the matter for a public hearing as specified in Sections 66451.3 and

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City of Wheatland, CA § 17.05.110

WHEATLAND CODE

§ 17.05.110

66451.4 of the Subdivision Map Act. At least ten calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.

Notice shall be published at least once in a newspaper of general circulation circulated in the city.

In addition to notice by publication, the planning department may give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed application and to the owner of the property as shown on the last equalized assessment roll. The list of owners shall be provided by the subdivider.

In addition, notice shall be given by firstclass mail to any person who has filed a written request with the secretary of the planning commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

Substantial compliance with the provisions set forth in this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

The planning commission shall approve, conditionally approve, or deny the tentative map and shall report its decision to the council and the subdivider within fifty days after the tentative map has been accepted for filing. If an environmental impact report is prepared, the decision shall be made within forty-five days after the certification of the environmental impact report. The planning commission decision is not a final city approval or denial of the tentative map. Final action will be taken by the city council pursuant to Section 17.05.120 of this chapter.

• B. Approval. In approving or conditionally approving the tentative map, the planning commission, acting in the capacity of the advisory agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the applicable general or specific plans adopted by the city.

The planning commission may modify or delete any of the conditions of approval recommended in the planning department's report, except conditions required by city laws related to the public health and safety or to city standards. The planning commission may add additional requirements as a condition of its approval.

If no action is taken by the planning commission within the time limit as specified, the tentative map as filed shall be deemed to be recommended for approval insofar as it complies with other applicable provisions of the Subdivision Map Act, this title, or other city laws, and it shall be the duty of the city clerk to certify the planning commission's recommendation.

• C. Denial. The tentative map may be denied by the planning commission on any of the grounds provided by city or state laws.

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City of Wheatland, CA § 17.05.110

SUBDIVISIONS

• A. The city council, at its regular meeting following receipt of the report on planning commission action 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 fifty days of receipt of the report of the planning commission's decision.

• 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 city manager at least ten calendar days before the hearing in the following manner:

  1. The notice shall be published in a newspaper of general circulation in the City of Wheatland.

  2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

  3. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to each public or private entity expected to provide water, sewage, streets, roads, schools or other essential facilities and services that may be significantly affected.

  4. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing.

• C. The council shall review the subdivision design and the map, and shall approve or deny the

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City of Wheatland, CA § 17.05.120

WHEATLAND CODE

§ 17.05.180

kind, nature and extent of the improvements and dedications to be required, and easements to be furnished by the subdivider. The decision of the city council on a tentative map shall be by written resolution, a copy of which shall be transmitted to the subdivider not later than ten days following such decision. Criteria for approval and denial shall be the same as set forth in Sections 17.05.110(B) and (C) of this chapter.

(Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

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 title. The date of such approval of the tentative map shall be certified by the clerk on the face of the tentative map.

(Ord. 333 § 2, 1991)

Whenever a provision of this title requires that a tentative map be filed, a vesting tentative map may instead be filed, in the manner and subject to the provisions of Chapter 4.5 of the Subdivision Map Acts commencing with Section 66498.1. (Ord. 333 § 2, 1991)

The provisions for multiple final maps shall be as set forth in Section 66456.1 of the Subdivision Map Act.

(Ord. 333 § 2, 1991)

• A. The approval or conditional approval of a tentative subdivision map shall expire twentyfour months after its date of approval or conditional approval. Time extensions of a maximum of twelve months may be allowed by the city council, not to exceed a cumulative total of three years after the expiration of the first approval or conditional approval.

• B. The period of time specified in this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the council. Within ten days after the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the planning director, request a stay in the time period of the tentative map. Within forty days after receiving the request, the council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall require a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the council, within ten days, shall declare its findings.

• C. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

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City of Wheatland, CA § 17.05.180

SUBDIVISIONS

§ 17.05.200

• D. The expiration of an approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

• (Ord. 333 § 2, 1991)

• A. Requests by Subdividers. The subdivider or an authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the planning department. The application shall be filed prior to the expiration date of the map and shall state the reasons for requesting the extension.

• B. City Council. The planning director shall review the request and submit the application for extension, together with a report, to the city council for approval, conditional approval, or denial at the next scheduled city council meeting. A copy of the planning director's report shall be forwarded to the subdivider prior to the city council meeting on the extension.

The resolution adopted by the city council approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

• C. Conditions of Approval. As a condition of the extension of a tentative map, the city council may impose new conditions or revise existing conditions on the approved tentative map as recommended by the planning department in its report or as the city council may deem necessary.

• D. Fees. The fee for processing an extension shall be at actual cost. A deposit to be applied toward such fee may be required, as determined by council resolution.

• (Ord. 333 § 2, 1991)

• A. Minor changes in the tentative map may be approved by the planning department upon an application by the subdivider, or on its own initiative, by mutual consent of both parties, provided:

  1. Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

  2. There are no resulting violations of this code and city administration.

• B. Any revision shall be approved by the city engineer. The amendment shall be indicated on the approved tentative map and certified by the city engineer.

• C. Amendments of the tentative map, other than minor, shall be presented to the planning commission for approval. Processing shall be in accordance with Sections 17.05.110 and 17.05.120 of this chapter.

• D. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 333 § 2, 1991)

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City of Wheatland, CA

SUBDIVISIONS

§ 17.06.010

§ 17.06.020

CHAPTER 17.06 FINAL MAPS