Chapter 16.28
SUBDIVISION MAPS
Sections:
16.28.020 Environmental impact statement.
16.28.030 Tentative subdivision map.
16.28.040 Essential information.
16.28.060 Planning commission review.
16.28.070 Tentative subdivision map--Action by city council.
16.28.080 Expiration of approval.
16.28.110 Improvements and agreement to perform.
16.28.115 Establishment of service districts.
16.28.120 Final subdivision map process.
16.28.130 Certification by city engineer.
16.28.140 Presentation to city council.
16.28.150 Final map--Action by city council.
16.28.160 Disapproval for failure to meet requirements.
16.28.170 Transmittal to clerk of county board of supervisors.
16.28.180 Dedication of parcels for public use.
16.28.190 Improvement agreements.
16.28.200 Fees charged and supplemental improvements.
16.28.010 Preliminary maps.
Prior to filing a tentative map, a subdivider may submit a preliminary map, plans and other information concerning a proposed or contemplated development to the city planning director. All maps and data shall be labeled "preliminary" and not "tentative." The city planning director and the city engineer shall hold an informal conference and make preliminary recommendations for preparation of a tentative subdivision map. Any recommendations shall be preliminary only and shall not be binding upon the city in any manner. This procedure is optional and not required by the ordinance codified in this title. (Ord. 80-1 Art. VII §7.01, 1980).
16.28.020 Environmental impact statement.
No tentative subdivision 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 data, information and deposit of fees as may be required for the preparation and processing of environmental review procedures. (Ord. 80-1 Art. VII §7.02, 1980),
16.28.030 Tentative subdivision map.
Upon the submission of a tentative subdivision 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 check list of data required for tentative subdivision maps per Section 16.32.010 of this title. (Ord. 80-1 Art. VII §7.03, 1980).
16.28.040 Essential information.
The tentative map shall also show thereon, or be accompanied by ten copies of reports and written statements from the subdivider giving essential information regarding the following matters:
A. Source of water supply;
B. Type of street improvement and utilities which the subdivider proposed to install, including a statement by the subdivider as to whether or not the proposed wiring for supplying electric, communication or similar or associated service will be installed underground;
C. Proposed method of sewage disposal;
D. Proposed stormwater sewer or other means of drainage (grade and size);
E. Protective covenants to be recorded;
F. Proposed tree planting and landscaping plan. (Ord. 80-1 Art. VII §7.04, 1980).
16.28.050 Fee.
Every person submitting a tentative subdivision map shall pay a processing fee in an amount prescribed by resolution of the city council. (Ord. 80-1 Art. VII §7.05, 1980).
16.28.060 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 planning commission public hearing for the subdivision in accordance with Section 66451.3 of the Subdivision Map Act. The city planning director and the city engineer shall prepare written reports or recommendations on a tentative map. Any report or recommendation 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 shall submit its written recommendations to the city council. (Ord. 93-13 §16, 1993: Ord. 80-1 Art. VII §7.06, 1980).
16.28.070 Tentative subdivision map--Action by city council.
The city council may by resolution approve, approve conditionally or deny the approval of a tentative subdivision map. Any such action shall be taken within the time specified by Section 66452.2 of the Subdivision Map Act. (Ord. 93-13 §17, 1993: Ord. 80-1 Art. VII §7.07, 1980).
16.28.080 Expiration of approval.
The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved. The subdivider filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the planning commission. Such application shall 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 map approval or conditional approval shall not exceed the extensions of time authorized pursuant to Section 66452.6 of the Subdivision Map Act. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section. (Ord. 93-13 §18, 1993: Ord. 82-01(part), 1982: Ord. 80-1 Art. VII §7.08, 1980).
16.28.090 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. VII §7.09, 1980).
16.28.100 Appeal.
The subdivider or any interested person adversely affected by a decision with respect to any tentative 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. The appeal shall be heard by the city council in accordance with Section 66452.5 of the Subdivision Map Act. (Ord. 93-13 §19, 1993: Ord. 80-1 Art. VII §7.10, 1980).
16.28.110 Improvements and agreement to perform.
As a condition to the approval of a tentative subdivision map, the city council shall require the subdivider to enter into a written agreement calling for the installation of reasonable on-site and off-site public improvements or dedications of easements or street rights-of-way as authorized in 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 §20, 1993: Ord. 80-1 Art. VII §7.11, 1980).
16.28.115 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 subdivider 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 benefits 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 §2, 1994).
16.28.120 Final subdivision map process.
The subdivider shall submit the original map and ten prints thereof to the office of the city engineer not less than one hundred twenty days prior to the date which the map must be recorded. The format content of the final map shall be in accordance with the checklist for final maps per Section 16.36.010 of this title and Section 66433 of the Subdivision Map Act. (Ord. 80-1 Art. VII §7.12, 1980).
16.28.130 Certification by city engineer.
The city engineer shall review each map and assure that the final map complies with the conditions of the tentative map, the Subdivision Map Act and the Land Surveyors Act. When the map is found to be in conformance with these provisions, the city engineer shall certify the final map. (Ord. 80-1 Art. VII §7.13, 1980).
16.28.140 Presentation to city council.
Within twenty days after receipt of the map, the city engineer shall transmit the map and any other related data to the city clerk for presentation to the city council as specified in Section 66442 of the Subdivision Map Act. (Ord. 80-1 Art. VII §7.14, 1980).
16.28.150 Final map--Action by city council.
The city council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the final map or disapprove the final map in accordance with Section 66458 of the Subdivision Map Act. (Ord. 93-13 §21, 1993: Ord. 80-1 Art. VII §7.15, 1980).
16.28.160 Disapproval for failure to meet requirements.
A final map shall be disapproved for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been meet or performed. When the failure of the map to meet the requirements or conditions imposed by this chapter is the result of technical and inadvertent error which does not materially affect the validity of the map, the map shall be conditionally approved, subject to correction of the minor errors. (Ord. 93-13 §22, 1993: Ord. 80-1 Art. VII §7.17, 1980).
16.28.170 Transmittal to clerk of county board of supervisors.
Upon approval of the final map, the city clerk shall, in accordance with Section 66464 of the Subdivision Map Act, transmit the map to the clerk of the county board of supervisors for ultimate transmittal to the county recorder. (Ord. 93-13 §23, 1993: Ord. 80-1 Art. VII §7.16, 1980).
16.28.180 Dedication of parcels for public use.
All streets, highways, and parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use. All offers for dedication and to be irrevocable and in perpetuity. Streets or portions of streets may be offered for future dedications where the immediate opening and improvement is not required, but where it is necessary to ensure that the city can later accept dedication when said streets are needed for the further development of the area or adjacent areas. The subdivider shall also offer in writing to dedicate all public utilities within the subdivision or any off-site improvements required to complete the same. All such offers for dedication are to be irrevocable and in perpetuity. The subdivider shall furnish the city with a proper deed granting to the city all easements as shown on the final map. Said deed shall be furnished before any final map is approved by the city. Likewise before any final map is approved by the city the subdivider shall improve or agree to improve all lands dedicated for streets, highways, public ways and easements in the following particulars together with the other improvements in the subdivision hereinafter specified:
A. Adequate distribution lines for domestic water supply to each lot;
B. Sewage collection system where main lines of an adequate disposal system are available;
C. Adequate drainage of the subdivision streets, highways, ways and alleys; and if any portion of the land is subject to overflow, or ponding by local stormwater or should the ground table be less than ten feet below the surface, the elimination of said conditions or in the alternative the execution of a comprehensive agreement covering the construction of buildings and structures which will overcome the hazards thereof;
D. Adequate grading and surfacing of streets, highways, ways and alleys;
E. Curbs, gutters and sidewalks;
F. Fire hydrants;
G. Streetlights and mailboxes, unless the same shall have been exempted by the planning commission or the city council. (Ord. 80-1 Art. VII §7.18, 1980).
16.28.190 Improvement agreements.
Unless the improvements have been made prior to the acceptance of the final map, the subdivider shall be required as a condition of the final map approval to enter into a written agreement with the city in regard thereto as specified in Section 66462 of the Subdivision Map Act. To assure the city that the work will be completed and the improvements made and lienholders paid, an improvement security shall be furnished by the subdivider guaranteeing faithful performance and guaranteeing payment for labor and materials in the manner and amounts specified in Sections 66499 through and including 66499.10 of the Subdivision Map Act. The amount of the improvement security shall be determined by the city council as specified in Section 66499.3 of the Subdivision Map Act. (Ord. 93-13 §24, 1993: Ord. 80-1 Art. VII §7.19, 1980).
16.28.200 Fees charged and supplemental improvements.
The city may require the payment of fees established by resolution to defray the actual or reasonably estimated costs of constructing major streets, street signals, rail road crossings, major water facilities, oversized water facilities, sewer major facilities, oversized sewer facilities, storm drain basin acquisition, and storm drain facilities, all in accordance with the city’s master plan, the city storm drainage master plan adopted September 8, 1981 and any amendments thereto, the city long-range water master plan and the city long-range sewer master plan, and where applicable, with Government Code Section 66483, which is incorporated herein except where its nonmandatory provisions are in conflict with this title, in which case, the provisions of this title shall prevail. In the event the subdivider or developer is required to install improvements for the benefit of the subdivision or development which may contain supplemental size, capacity or number for the benefit of property not within the subdivision or development in order to facilitate the orderly development of the surrounding area in a manner consistent with the policies of the general plan or a master plan as a condition precedent to the approval of a subdivision map, parcel map or other development, or to install off-site improvements for the benefit of the subdivision or development, such improvements shall be dedicated to the public. The subdivider or developer may be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider or developer to install such improvements to serve the subdivision or development only and the actual cost of said improvements, or the city may elect to enter into an agreement to provide for the payment of such oversize costs to the developer and the collection of charges from property benefitted by the supplemental improvements in such manner and amount as appears lawful and reasonable to the city council. (Ord. 94-02 §1, 1994: Ord. 90-05 §1, 1990; Ord. 80-1 Art. VII §7.20, 1980).