Chapter 16.24
PARCEL MAP PROCESS
Sections:
16.24.010 Environmental impact assessment.
16.24.020 Tentative parcel map.
16.24.040 Planning commission review.
16.24.050 Expiration of approval.
16.24.070 Conditions of approval.
16.24.075 Establishment of service districts.
16.24.090 Final parcel map process.
16.24.100 Dedications accepted by resolution of the city council.
16.24.110 Data to accompany final map.
16.24.120 Parcel map withdrawal.
16.24.010 Environmental impact assessment.
No parcel map or tentative parcel map shall be accepted as filed with the city until an environmental review analysis is prepared, processed and considered in accordance with the provisions of the environmental procedures of the city and the California Environmental Quality Act. The subdivider shall provide such data, information and deposit of fees as may be required for the preparation and processing of environmental review documents. (Ord. 80-1 Art. VI §6.01, 1980).
16.24.020 Tentative parcel map.
Upon the submission of a parcel map to the city, it shall be accompanied by as many prints thereof as may be required by the planning director for distribution to various agencies and commissions for review. Said maps shall be in accordance with the checklist of data required for tentative subdivision maps per Section 16.32.010 of this title. (Ord. 80-1 Art. VI §6.02, 1980).
16.24.030 Processing fee.*
Every person submitting a tentative map shall pay a processing fee in an amount prescribed by resolution of the city council. (Ord. 80-1 Art. VI §6.03, 1980).
* For statutory provisions on local processing fees, see Gov. Code §66451.2.
16.24.040 Planning commission review.
Upon the filing of all required data, the payment of fees and the completion of the required environmental process, the city planning director shall instruct the city clerk to notice the public hearing for the parcel map with the planning commission in accordance with Section 66451.3 of the Subdivision Map Act. The city planning director shall prepare a written report recommending approval, conditional approval or denial of the tentative parcel map. Any report or recommendation on a tentative map by the planning director shall be in writing and a copy thereof served upon the subdivider at least three days prior to any hearing or any action on such map in accordance with Section 66452.1 of the Subdivision Map Act. The planning commission may by resolution recommend approval, conditional approval or denial of a tentative parcel map. Any such action shall be taken within fifty days after filing and the planning director shall report such action to subdivider in accordance with Section 66452.1(a) of the Subdivision Map Act. (Ord. 93-13 §11, 1993: Ord. 80-1 Art. VI §6.04, 1980).
16.24.050 Expiration of approval.
The city council shall approve, conditionally approve or disapprove parcel maps. The approval or conditional approval of a tentative parcel map by the city council shall expire twenty-four months from the date the map was approved or conditionally approved. The person filing the tentative parcel map may request an extension of the tentative parcel map approval or conditional approval by written application to the city council, such application to be filed at least thirty days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised. An extension or extensions of tentative parcel map approval or conditional approval shall not exceed an aggregate of three years per Section 66463.5(c) of the Subdivision Map Act. Modification of a tentative parcel map after approval or conditional approval shall not extend the time limits imposed by this section. (Ord. 93-13 §12, 1993: Ord. 82-01(part), 1982: Ord. 80-1 Art. VI §6.05, 1980).
16.24.060 Time limits.
Time limits, except those not authorized in the Subdivision Map Act, may be extended by mutual consent as specified in Section 66451.1 of the Subdivision Map Act. All extensions granted or requested shall be in writing. (Ord. 80-1 Art. VI §6.06, 1980).
16.24.070 Conditions of approval.
As a condition to the approval of a tentative parcel map, the city council may require the subdivider to enter into a written agreement calling for the installation of reasonable public improvements or dedications of easements or street rights-of-way as authorized in Section 66411.1 of the Subdivision Map Act. Any improvement agreement or act required or authorized by the Subdivision Map Act must be secured in the manner provided for in Section 66499 of the Subdivision Map Act. (Ord. 93-13 §13, 1993: Ord. 80-1 Art. VI §6.07, 1980).
16.24.075 Establishment of service districts.
It is the policy of the city of Kerman to require new development to fully fund all services provided to the development. In addition to other conditions for approval imposed by state law or the provisions of this code, the city council may require, to the full extent permitted by law, the proponent of the parcel map to cause the formation of one or more service districts or special benefit districts to provide adequate funding for ongoing services used by the new development. Service or special benefit districts required by this section shall include, but not be limited to, lighting and landscape maintenance districts, public safety services assessment districts, recreation and social services assessment districts, and public facilities maintenance districts. The formation of required districts shall be complete prior to the final approval of a map governed by this chapter. (Ord. 94-03 §1, 1994).
16.24.080 Appeal.
The subdivider or any interested person adversely affected by a decision of the city council with respect to any tentative parcel map may, in the manner specified in Section 66452.5 of the Subdivision Map Act, file an appeal or complaint with the city council. The filing thereof shall take place within ten days of the action which is the subject matter thereof. Said appeal or complaint shall be heard by the city council in accordance with Section 66452.5 of the Subdivision Map Act. (Ord. 93-13 §14, 1993: Ord. 80-1 Art. VI §6.08, 1980).
16.24.090 Final parcel map process.
The subdivider shall file ten copies of the final parcel map with the planning director of the city not less than sixty days prior to the date on which the map must be recorded. The format and content of the final parcel map shall be in accordance with the checklist for final maps per Section 16.36.010 of this title and Sections 66444 through 66450 of the Subdivision Map Act. (Ord. 80-1 Art. VI §6.09, 1980).
16.24.100 Dedications accepted by resolution of the city council.
Any final parcel map that dedicates or offers to dedicate improvements or easements by note thereon, the map, per Section 66447 of the Subdivision Map Act, must be approved by resolution of the city council. Likewise, any written agreement to provide such improvement or dedications must be approved by the city council. (Ord. 80-1 Art. VI §6.10, 1980).
16.24.110 Data to accompany final map.
At the time of submitting the final map of a parcel map to the city engineer, the subdivider shall submit therewith the following documents (failure to do so shall constitute an incomplete filing):
A. Traverse Sheets. Calculation and traverse sheets in a form approved by the city engineer, giving bearings and distances and coordinates of the boundary of the subdivision and blocks and lots therein shown on the final map;
B. Public Improvements Plans. The original tracings of detailed plans, cross-sections, and profiles of this chapter and of all other improvements proposed to be installed as required by the provisions of this chapter and of all other improvements proposed to be installed by the subdivider in, on, over or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the city engineer for his approval and signature. All such plans shall be prepared in accordance with the requirement of the city engineer. Plan sheets shall be twenty-four inches by thirty-six inches with a one inch left margin and a plan and profile drawn to a scale of one inch equals forty feet or an appropriate scale previously approved by the city engineer;
C. Access Rights. A "No-access-rights" certificate shall be shown on the final map where required by the city engineer;
D. Design Data. Design data, assumptions and computations for proper analysis in accordance with sound engineering practice such as hydrology and hydraulic calculations and structural analysis;
E. Report and Guarantee of Clear Title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for dedication of the streets, alleys, and other public places shown on the map and testifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to such subdivision. At the time of recording said map, there shall be filed with the county recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that persons (naming them) consenting to the preparation and recordation of such map and offering for dedication the streets, alleys, and other public places shown thereon are all the persons necessary to pass clear title to such subdivision and to the dedications shown thereon;
F. Preliminary Soil Report. A preliminary soil re port prepared by a civil engineer specializing in soil mechanics and registered by the state of California, based upon adequate test borings or excavations. The fact that a soil report has been prepared shall be noted on the final map. Soils reports shall be in accordance with Sections 66434f, 66490 and 66491 of the Subdivision Map Act;
G. Soil Investigation of Each Lot. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer specializing in soil mechanics and registered by the state of California. The soil investigation shall recommend corrective action intended to prevent structural damage to each dwelling proposed to be constructed on expansive or unstable soil. The report shall be filed with the city engineer;
H. Deed Restrictions. Three copies of all proposed deed restrictions. (Ord. 80-1 Art. VI §6.11, 1980).
16.24.120 Parcel map withdrawal.
In the event the applicant wishes to terminate his application prior to the recordation of the parcel map, he shall submit his request in writing to the secretary of the planning commission. Where an agreement to construct improvements has been executed, the city council may release the applicant from his agreement to improve and release to him any surety bond or cash deposit which he may have posted upon completion of necessary abandonment proceedings; in the event the parcel map has been recorded with the county clerk-recorder, a revised parcel map may be prepared in the manner prescribed in this chapter for an original parcel map, and the revised parcel map shall supersede any previous parcel map. (Ord. 80-1 Art. VI §6.12, 1980).