Chapter 16.04
TENTATIVE SUBDIVISION MAPS
Sections:
16.04.020 Tentative subdivision maps required.
16.04.030 Tentative subdivision map filing.
16.04.040 Form of tentative subdivision map.
16.04.050 Soils investigation.
16.04.060 Statement of justification.
16.04.070 Incomplete or incorrect data.
16.04.080 Action on tentative subdivision map.
16.04.010 General.
A. The application process for tentative subdivision maps shall be governed by the provisions of this chapter.
B. An application for approval of a tentative subdivision map pursuant to this chapter shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required by the zoning ordinance.
C. Prior to the presentation of a formal tentative subdivision map to the planning commission, a pre-application conference shall be held between the subdivider and city staff to discuss the layout of the subdivision.
D. The tentative subdivision map shall not be considered filed until the environmental documentation required by the California Environmental Quality Act has been completed. (Ord. 510 § 2, 2007)
16.04.020 Tentative subdivision maps required.
A tentative and final subdivision map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless exempt under EMC 16.01.070 or subject to a parcel map under EMC 16.03.020(B).
A tentative and final subdivision map shall be required for lot line adjustments involving five or more adjoining parcels as required by Chapter 16.07 EMC. (Ord. 510 § 2, 2007)
16.04.030 Tentative subdivision map filing.
A. Tentative subdivision maps shall be filed with the city planner for review by the planning commission.
B. The following documents shall be completed and filed with the tentative subdivision map:
1. Completed application.
2. Two copies of a current preliminary title report or property report dated within 30 days of the filing of the application package documenting at least the following information:
a. Property description.
b. Current ownership.
c. All easements.
3. Environmental questionnaire.
4. Statement indicating whether the property is located on a site that is included on any of the local lists prepared by the California Integrated Waste Management Board of all solid waste disposal facilities from which there is a known migration of hazardous waste.
5. At least 10 full-size copies and 12 reduced-size (11 by 17) copies of the tentative subdivision map, prepared as to the requirements of EMC 16.04.040.
6. An electronic copy (such as CAD) compatible with the requirements of the city engineer shall be submitted for maps prepared by registered engineers or land surveyors.
C. The city planner shall examine the map upon presentation and shall not accept such map unless the same is in full compliance with the law and the provisions of this title as to form, data, information and other matters required to be shown thereon or furnished therewith. The map shall not be considered filed until stamped, signed and dated by the city planner and until the environmental documentation required by CEQA has been completed.
D. The city planner shall transmit copies of such tentative subdivision map to the city engineer, health officer, irrigation district, chief of police, chief of the fire district, utility companies serving the area, and any other agency, such as school districts, that may have an interest and, if along a state highway, to the office of the district engineer and the California Department of Transportation. When adjacent to the corporate limits of the city, a copy shall be transmitted to the county community development director. (Ord. 510 § 2, 2007)
16.04.040 Form of tentative subdivision map.
Tentative subdivision maps shall be 18 by 26 inches in size and to scale. Any such map shall be clearly prepared and legibly reproduced and shall contain the following data:
A. Key or location map, which shall clearly show the general area including adjacent property, subdivisions and roads, and with sufficient detail to locate the proposed subdivision and show its relation to the community.
B. A title block containing the tract name or number, date of map preparation and any revisions, subdivision name and type of subdivision. The title block shall be located along the right side of the map so that it can be read when the plan package is rolled up.
C. A north arrow, scale and sufficient description to define the location and boundaries, including the acreage of the proposed tract to the nearest tenth of an acre.
D. Name and address of record owner or owners, subdivider and name and business address of the person preparing the map.
E. A table of proposed land uses including categories of types of development, land dedications, public rights-of-way, parks, other open space such as trails and whether for public or private use, and other major categories of land use.
F. Names and numbers of adjacent subdivisions and names of the owners of land immediately adjacent to the subdivision.
G. A statement of present general plan designation and zoning and of existing and proposed uses of the property as well as any proposed general plan or zoning changes, whether immediate or future.
H. Sufficient elevations or contours to determine the general slope of the land and information as to how the land will drain after being subdivided.
I. The location, names, widths and grades of highways, streets and other rights-of-way within the subdivision or to be offered for dedication.
J. The location, names and widths of adjoining and contiguous highways, streets and other rights-of-way.
K. Location and character of all existing and proposed utilities, including the location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.
L. The width, location and purpose of all existing and proposed easements together with all building and use restrictions applicable thereto.
M. Lot arrangement, dimensions of all lots and lot numbers.
N. The location and outline of all existing structures identified by type or use. Structures to be removed shall be so marked.
O. Location of all public rights-of-way.
P. Location of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses.
Q. Locations and size of all pipelines and structures used in connection therewith.
R. City limit lines occurring within the general vicinity of the subdivision.
S. Boundaries of any units within the subdivision if the subdivision is to be recorded in stages.
T. Type, circumference and drip line of existing nonproduction trees with a trunk diameter of 10 inches or more, measured 24 inches above existing grade. If the property includes more than 40 nonproduction trees, the city planner may permit the submission of an aerial photograph instead. A production tree is one that produces fruit or nuts.
U. Location of proposed cluster mailboxes, together with the easements necessary for the placement of these units, or a letter of exemption from the postmaster.
V. The city planner or city engineer may require other information as necessary to accomplish the purposes of the Subdivision Map Act and this title. In addition, the city planner or city engineer may waive any of the above tentative subdivision map requirements if the requirement is not appropriate to the type of subdivision, or if other circumstances justify a waiver. (Ord. 510 § 2, 2007)
16.04.050 Soils investigation.
A. A preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, shall be required for every subdivision for which a tentative subdivision map is required. The preliminary soils report shall be submitted to the city engineer for review. Upon such review, the city engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.
B. The preliminary soils report requirement may be waived if the city engineer determines that, due to the knowledge the city has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary.
C. A soils investigation of each potentially affected lot in the subdivision may be required by the city engineer as a condition precedent to consideration of the tentative subdivision map by the planning commission if the preliminary soils report indicates:
1. The presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects; or
2. The presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel and ductile or cast iron to corrode or deteriorate.
Any soils investigation required pursuant to this subsection shall be done by a registered civil engineer who shall recommend the corrective action likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists. The planning commission may recommend approval or conditional approval for a tentative subdivision map if it determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed. Such recommended corrective action shall be required to be incorporated in the construction of each structure as a condition to the issuance of any building permit. (Ord. 510 § 2, 2007)
16.04.060 Statement of justification.
The subdivider shall present a written statement of justification accompanying the map stating:
A. Proposed Use of Property. If more than one use, the area, lots or lot proposed for each type of use shall be shown on the tentative subdivision map.
B. Statement of the improvements and public utilities proposed to be installed and of the time when such improvements will be completed.
C. Proposed plan for drainage.
D. Proposed plan for sewerage and sewage disposal.
E. Provisions for water supply, both domestic and fire protection. Provisions for fire protection shall be approved by the fire district.
F. Public areas proposed.
G. Tree planting proposed.
H. Type and location of street lighting proposed.
I. A copy of proposed covenants, conditions and restrictions.
J. Justification and reasons for any exceptions to provisions of this title or for any amendments to the zoning ordinance, applicable specific plan and/or the general plan, which may be requested in conjunction with the subdivision being proposed. (Ord. 510 § 2, 2007)
16.04.070 Incomplete or incorrect data.
If at any time during the processing of the tentative subdivision/parcel map, the map or accompanying data are found to be incomplete or incorrect with respect to pertinent required information, the subdivider shall be promptly advised of the changes or additions that must be made before further action may be taken on the application. Failure to provide the omitted or inaccurate information shall be grounds for denial of the map, unless an extension of time for acting upon said map is mutually agreed upon by the subdivider and the planning commission. (Ord. 510 § 2, 2007)
16.04.080 Action on tentative subdivision map.
A. Notice of Public Hearing. Notice shall be given of each public hearing before the planning commission and city council on the tentative subdivision map application not less than 10 days before the date of hearing in the following manner:
1. By publication in a newspaper of general circulation in the City of Escalon;
2. By mailing said notice to the owners of real property within 300 feet of the property that is the subject of the application;
3. By mailing or delivering said notice to the subdivider and property owner or the owner's duly authorized agent; and
4. By mailing or delivering said notice to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed subdivision and whose ability to provide those facilities or services may be significantly affected.
B. Time Limits for Public Hearing. Within the time specified by Section 66452.1 of the Government Code, unless such time has been waived, or extended by mutual agreement between the subdivider and the city, the planning commission shall consider the tentative subdivision map at a public hearing and thereafter render its written report recommending to the city council approval, conditional approval or disapproval of the application.
C. Notices to Subdivider. The city planner shall forward any report or recommendation on the tentative subdivision map by the staff or the planning commission to the subdivider at least three days prior to any hearing on such map. Delivery shall be deemed complete when such reports or recommendations are placed in the mail bearing proper postage, and directed to the subdivider at his or her address shown on the application.
D. The planning commission shall base its recommendation on the conformity of the tentative subdivision map, together with the provisions for its design and improvements, to the requirements of this title, the zoning ordinance, the general plan, any applicable specific plans and any other applicable ordinances, resolutions or provisions of law.
E. Findings Requiring Disapproval. A tentative subdivision map shall not be recommended for approval or conditional approval by the planning commission if it makes any of the following findings:
1. That the proposed map is not consistent with the general plan and/or any applicable specific plans.
2. That the design or improvement of the proposed subdivision is not consistent with the general plan and/or any applicable 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 designs of the subdivision or the proposed improvements are 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. 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 recommend approval or conditional approval of a map if it finds that alternate easements, for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.
F. Energy Findings. A tentative subdivision map shall not be recommended for approval or conditional approval by the planning commission unless the commission finds that the proposed subdivision meets the requirements of EMC 16.02.300.
G. Regional Housing Needs. Prior to a recommendation of approval or conditional approval for any tentative subdivision map, the planning commission must find that it has considered the effect of the map on the housing needs of the region and that these needs have been balanced against the public service needs of the city's residents and available fiscal and environmental resources.
H. After consideration by the planning commission, the map, along with the planning commission's written report, shall be forwarded to the city council for final action.
I. City Council Action. Within the time specified by Section 66452.2 of the Government Code, unless such time has been waived or extended by mutual agreement between the subdivider and the city, the city council shall consider the tentative subdivision map at a public hearing and thereafter approve, conditionally approve or disapprove the application, subject to the above findings requirements. (Ord. 510 § 2, 2007)