Yuba City Municipal Code Art. 6 Tentative and Vesting Tentative Maps

Prior to the submittal of a tentative or vesting tentative map, the subdivider is encouraged to consult with the staff of the Planning Department for technical advice and procedural instructions. Preliminary sketches of the subdivision may be submitted and discussed. Any preliminary sketch should be to scale and in detail sufficient to indicate the essential characteristics of the subdivision, including the number, size, and design of the 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 details necessary to enable a preliminary review. The Planning Director shall schedule a conference with the subdivider and the Development Review Committee to discuss the preliminary map and make recommendations concerning the submittal of a tentative or vesting tentative map.

(§ 2, Ord. 1095, eff. March 22, 1990)

For subdivisions creating four or less parcels, 11 copies of the tentative or vesting tentative map shall be submitted to the Planning Department. For subdivisions creating five or more parcels, 14 copies of the tentative or vesting tentative map shall be submitted. Also required is a statement of the proposed division of any land and the information required by the Planning Director pertaining to the environmental impact of the proposed project. Vesting tentative maps shall be visibly designated with the title, "Vesting Tentative Map."

(§ 2, Ord. 1095, eff. March 22, 1990)

(a) Size and scale. Tentative and vesting tentative maps shall be 18 by 26 in. in size and to a scale of one in. equals 100 ft. for large areas, and to a scale one in. equals 50 ft. for small areas, unless otherwise approved by the Planning Director.

(b) Information required. Every tentative and vesting 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 the location and boundaries of the proposed tract;

(3) The name and address of the recorded owner or owners;

(4) The name and address of the subdivider;

(5) The name and business address of the person who prepared the map;

(6) The acreage of the proposed tract to the nearest tenth of an acre;

(7) Sufficient elevations or contours or notations indicating the direction and percent of slope to determine the general slope of the land and the high and low point thereof;

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

(9) The locations, names, and existing widths of all adjoining and contiguous highways, streets, and ways;

(10) The locations and size of all pipelines and structures used in connection therewith;

(11) The location and character of all existing public utilities;

(12) The widths, location, and purposes of all existing and proposed easements;

(13) The lot layout, the dimensions of each lot, and the lot numbers;

(14) The City limit lines occurring within the general vicinity of the subdivision;

(15) The bearings and distances to quarter-section bounds within the general vicinity of the subdivision;

(16) The boundaries of any units within the subdivision if the subdivision is to be recorded in stages;

(17) The names of the owners of the lands immediately adjacent to the subdivision;

(18) The outline of any existing buildings to remain in place and their locations in relation to the existing or proposed streets and lot lines, along with the location of any existing wells and/or septic systems and leaching fields;

(19) The location of any trees proposed to remain in place standing within the boundaries of the proposed public rights-of-way;

(20) The location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of all watercourses; and

(21) Typical sections of the proposed street improvements.

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

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

(2) The proposed plan for drainage;

(3) The provisions for sewerage and sewage disposal;

(4) The provisions for the proposed water supply;

(5) The public areas proposed;

(6) The type and location of street lighting proposed;

(7) The proposed building setback lines and the width of side yards;

(8) The justification and reasons for any exceptions to the provisions of this chapter or for any amendments to the zoning laws which may be requested in conjunction with the subdivision proposed;

(9) A copy of any restrictive covenants, bylaws, 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 of uses of the property;

(12) The tree plantings proposed;

(13) A statement from the owner of record, if different than the subdivider, consenting to the division of land by subdivision; and

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

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Director shall examine the tentative or vesting tentative map and environmental documents upon presentation. Such map or documents shall not be accepted for distribution unless they are in full conformance with this chapter as to form, data, information, and other matters required to be shown or furnished.

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Director shall send copies of the tentative or vesting tentative map, together with the accompanying data, to such public agencies, utility companies and departments as may be concerned. Each of the public agencies, utilities and departments shall within ten days from receipt of the copy of a tentative or vesting tentative map, or within 30 days if a draft environmental impact report is required, forward to the Planning Director a written report of their findings and recommendations. 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.

(§ 2, Ord. 1095, eff. March 22, 1990)

A tentative or vesting tentative map shall not be considered filed until the environmental assessment is complete and the written reports specified in Section 8-2.606 of this article have been received by the Planning Department. The date of filing shall be indicated on the file copy of the tentative or vesting tentative map and accompanying data by the Planning Department. The Planning Director shall present the tentative or vesting tentative map to the Development Review Committee for its recommendations to the Planning Commission. The Committee shall cause a report to be made to the Planning Commission on the tentative or vesting tentative map for further proceedings in accordance with the provisions of this chapter. The Committee's report shall represent the recommendation of the various departments and agencies involved in the Committee's proceedings.

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Director shall prepare a written report on the conformity of the tentative and vesting tentative map in relation to the provisions of the General Plan, the zoning laws, the report of the Development Review Committee, and all other applicable requirements of this chapter and other regulations of the City. The subdivider shall be provided with a report and recommendations on the tentative or vesting tentative map at least three days prior to any hearing or action on the map by the Planning Commission or the Council. The report and recommendations shall be made in writing and mailed directly to the subdivider at the address designated in the subdivider's statement.

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Commission shall take action to approve, conditionally approve or deny a tentative or vesting tentative map within 50 days after the map is filed, unless such time is extended by agreement with the subdivider.

(a) Findings. If the Planning Commission finds that the proposed map complies with the requirements of this chapter, the State Subdivision Map Act, and the zoning laws of the City, it shall approve or conditionally approve the map. The Planning Commission shall deny a tentative or vesting tentative map if it makes any of the following findings:

(1) That the map proposed 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 or adopted City standards;

(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 is 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) None of the findings in Section 6-9.601 of the Municipal Code is satisfied; or

(8) 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. The Planning Commission may approve a map if it finds that alternate easements, for access or use, will be provided and will be substantially equivalent to those previously acquired by the public. The provisions of this subsection shall apply only to easements of record or to easements established by a judgment of a court of competent jurisdiction.

(b) Reports to subdividers. Planning Commission actions shall be reported to the subdivider or designated representative by notice placed in the mail within three days of such action.

(c) Reports to Council. Following action by the Planning Commission, a copy of the tentative or vesting tentative map, together with a copy of the Planning Commission action, shall be referred to the Council for its information.

(d) Appeals of Planning Commission. Any aggrieved person may appeal any determination or requirement of the Planning Commission in accordance with the provisions of Article 11 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

(a) The approval or conditional approval of a tentative map shall be valid for two years within which time a parcel or final map substantially conforming to the approved tentative map and complying with conditions imposed may be submitted to the City Engineer for acceptance and recordation. Two extensions of time not to exceed 18 months each may be granted by the Planning Commission. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the tentative map.

(b) The expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no parcel or final 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.

(c) The period of time specified in subsection (a) of this section shall not include any period of time during which a development moratorium is in effect according to the State Subdivision Map Act.

(d) The period of time specified in subsection (a) of this section, including any extension thereof, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in court according to the State Subdivision Map Act.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

The approval or conditional approval of a vesting tentative map shall be valid for the same period of time as a tentative map as stated in Section 8-2.610 of this article, in addition to the following time periods:

(a) After the recording of the parcel or final map, the rights given by a vesting tentative map as provided in the State Subdivision Map Act and this chapter shall be valid for an initial time period of one year with a maximum extension of one additional year. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the vesting tentative map.

(b) The initial time period shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design review of the time used by the City to process the application exceeds 30 days from the date that a complete application is filed. Any time prior to the expiration of the initial time period the subdivider may apply for a one-year extension. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the vesting tentative map. If the extension is denied by the Planning Commission, the subdivider may appeal that denial to the City Council within 15 days of the action in accordance with the provisions of Article II of this chapter.

(c) If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (a) of this section, the rights conferred by the State Subdivision Map Act and this chapter shall continue until the expiration of that permit, or any extension of that permit granted by the City.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

(a) Minor changes to an approved tentative or vesting tentative map may be approved by the Planning Director provided:

(1) No lots, units or buildings sites are added.

(2) Such changes are consistent with the intent of the original approved tentative map.

(3) There are no resulting violations of the Yuba City Municipal Code.

(b) Amendments to the approved tentative or vesting tentative map other than minor, shall be made by filing an application in map form and in writing with the Planning Director. Such application shall be processed in the same manner as an original application for a tentative or vesting tentative map.

(c) Any approved minor amendments shall not alter the expiration date of the tentative or vesting tentative map.