Chapter 11-6 PARCEL MAPS

The tentative map shall be prepared in a manner acceptable to the Planning Department. The tentative map shall be filed with the Planning Department. The tentative map shall be clearly and legibly drawn on one (1) sheet, eighteen (18") inches by twenty-six (26") inches minimum, with a scale of one (1") inch equals one hundred (100') feet, or larger, and contain no less than the following:

(a) A title which shall contain the subdivision number, subdivision name, and type of subdivision;

(b) The name, address, and telephone number of the legal owner, subdivider, and person preparing the map, including a registration or license number;

(c) Sufficient legal description to define the boundaries of the proposed subdivision and to locate any and all City limit boundaries;

(d) The date, north arrow, and scale;

(e) The existing and proposed land uses;

(f) A vicinity map showing the roads, adjoining subdivisions, canals, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

(g) The existing and proposed street names, subject to the following criteria:

(1) The application for street name approval shall be submitted at the time of the tentative map submittal.

(2) Similar sounding street names with different spellings will not be approved.

(3) Duplication of existing street names, hard to pronounce street names, difficult spellings, gang references, or other street names determined to pose a risk to public safety shall not be approved.

(4) Special characters such as hyphens, dashes, or apostrophes shall not be used.

(5) Street names in a foreign language will only be approved if the name is easy to pronounce and the meaning does not pose a risk to public safety.

(6) All cul-de-sacs that extend an existing street shall use the existing street name, including the suffix.

(7) Once a street name has been assigned to an alignment, neither the street name nor the suffix shall change along the extension of the alignment.

(8) When two (2) cul-de-sacs approach each other from opposite directions and are in the same alignment but do not join in any manner, different street names shall be assigned.

(9) When a street alignment changes its cardinal direction, the street name shall also change.

(10) In the event that questions arise as to the appropriate street name assigned to the alignment or segment of a street, the Community Development Director shall decide the question;

(h) The existing topography of the proposed site and sufficient distance beyond its boundary, including, but not limited to:

(1) Any trees identified as heritage trees pursuant to Chapter 7-7 TMC;

(2) The approximate location and outline of existing structures identified by type. Structures to remain shall be so marked;

(3) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;

(4) The location, pavement and right-of-way widths, grades, and names of existing streets or highways;

(5) The widths, location, and identity of all existing easements; and

(6) The location and size of existing sanitary sewers, water mains, storm drains, fire hydrants, and street lights and the location of existing overhead utility lines on peripheral streets;

(i) The proposed improvements, including, but not limited to:

(1) The location, center lines, radius, and arc length of curves, pavement, right-of-way widths, and names of all streets;

(2) The location and radius of all curb returns and cul-de-sacs;

(3) The location, width, and purpose of all easements;

(4) The angle of intersecting streets if such angle deviates from a right angle by more than ten (10) degrees;

(5) The approximate lot layout and approximate dimensions of each lot and of each building site, with energy conservation consideration for future passive or natural heating or cooling opportunities as in the General Plan and the Subdivision Map Act;

(6) The proposed recreation sites, trails, pedestrian walks, bicycle lanes, and parks for private or public use;

(7) The proposed common areas and areas to be dedicated to public open space; and

(8) The location and size of sanitary sewers, water mains, storm drains, fire hydrants, and street lights and the proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;

(j) The right-to-farm notice as set forth in TMC 5-24-04;

(k) All lettering shall be clearly legible; and

(l) The Planning Department or Engineering Department may waive any of the tentative map requirements set forth in this section 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.

(1185-CS, Amended, 06/13/13; 1121-CS, Amended, 07/23/09)

11-6-103 Submittal to the Planning Department.

The tentative map shall be considered complete for filing only when such map conforms to Section 11-6-102 of this article, when all accompanying data has been submitted and accepted by the Department of jurisdiction, a certificate of acceptance has been issued, signed, and dated by such department, and all applicable fees are paid. Five (5) copies of the tentative map shall be submitted with the application or as the Department of jurisdiction specifies.

The City will notify the applicant within forty-eight (48) hours after the submission of a tentative map if the map is acceptable or not acceptable for filing. If not acceptable, the City shall state the reasons in its notification.

11-6-104 Planning Department review.

The Planning Department shall forward copies of the tentative map to the affected public agencies which may return to the Planning Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

Upon the completion of the review by the Planning Department, and prior to the date the tentative map is scheduled for action, the Planning Department may hold a technical review conference. A technical review conference shall be held if requested by the subdivider or representatives from affected agencies, utilities, or school districts. Advance written notice of the technical review conference and a copy of the conditions shall be given to the subdivider or agent and to all affected agencies at least three (3) days prior to the conference. The results of the conference shall be reported to the City Engineer. A copy of the report shall be served to the subdivider and each tenant, in cases of conversions of residential priority to condominiums, community apartments, or stock cooperatives as per the Subdivision Map Act, at least three (3) days prior to any hearing or action on the map.

Article 2. City Engineer Action

11-6-201 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 its 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 Section 66451.3 and 66451.4 of the Subdivision Map Act. At least ten (10) 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 published and 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 300 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 first-class 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 of 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 article.

The City Engineer shall approve, conditionally approve, or deny the tentative map and shall report his decision to the Planning Commission and the subdivider within fifty (50) days after the tentative map has been accepted for filing.

11-6-202 Approval.

In approving or conditionally approving the tentative map, the City Engineer 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 City Engineer 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 City Engineer may add additional requirements as a condition of his approval.

If no action is taken by the City Engineer within the time limit as specified, the tentative map as filed shall be deemed to be approved 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 approval.

11-6-203 Denial.

The tentative map may be denied by the City Engineer on any of the grounds provided by City laws or the Subdivision Map Act.

The City Engineer shall deny the approval of the tentative map if he makes any of the following findings:

(a) That the proposed map is not consistent with applicable General and Specific Plans;

(b) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(d) That the site is not physically suitable for the proposed density of development;

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

(f) That the design of the subdivision or the type of improvements is likely to cause serious public inconvenience or health problems; or

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

11-6-204 Extensions of time for City Engineer action.

The time limits set forth in Section 11-6-201 of this article for acting on the tentative map may be extended by mutual consent of the subdivider and the City Engineer.

Article 3. Appeals on Tentative Parcel Map Decisions

11-6-301 Appeals by subdividers, the Advisory Agency, or interested parties.

The subdivider, Advisory Agency, or an interested party disagreeing with any decision on a tentative map made by the department of jurisdiction may file an appeal as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

Article 4. Expiration and Extensions

11-6-401 Expiration.

The approval or conditional approval of a tentative parcel map shall expire thirty-six (36) months after its date of approval or conditional approval. A time extension of a maximum of thirty-six (36) months may be allowed by the City Engineer, not to exceed a cumulative total of six (6) years after the first approval or conditional approval of the tentative parcel map.

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 Planning Commission. Within ten (10) days after the service of the initial petition for 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 (40) days after receiving the request, the Planning Commission shall either stay the time period for up to five (5) 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 Planning Commission, within ten (10) days, shall declare its findings.

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.

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.

(1133-CS, Amended, 12/24/09; 1116-CS, Amended, 02/26/2009)

11-6-402 Extensions.

(a) Requests by subdividers. The subdivider or his 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 Engineer action. The Planning Director shall review the request and submit the application for the extension, together with a report, to the City Engineer for approval, conditional approval, or denial. A copy of the Planning Director’s report shall be forwarded to the subdivider prior to the action of the City Engineer on the extension. The action of the City Engineer 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 Engineer 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 Engineer may find necessary.

(d) Appeals on conditions of extensions. The subdivider may appeal any action on the extension as provided by Chapter 1-4 TMC.

(e) 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.

(1116-CS, Amended, 02/26/2009)

11-6-403 Amendments to approved tentative maps.

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:

(a) Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

(b) There are no resulting violations of this Code.

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.

Amendments of the tentative map, other than minor, shall be presented to the City Engineer for approval. Processing shall be in accordance with Section 11-6-104 of Article 1 of this chapter and Article 2 of this chapter.

Any approved amendment shall not alter the expiration date of the tentative map.

11-6-404 Amendments to approved street names.

Amendments or changes in street names on the tentative map may be approved by the Planning Division upon application by the subdivider. The cost to process street name amendments or changes shall be borne by the subdivider.

(1121-CS, Added, 07/23/09)

Article 5. Parcel Maps

11-6-501 General.

The form, contents, submittal, approval, and filing of parcel maps shall conform to the provisions of this article and the Subdivision Map Act.

11-6-502 Approved street names required.

(a) Application. Application for street name approval shall be submitted to the Planning Division for consideration and approval.

(b) Street names required on parcel maps and improvement plans. Approved street names without abbreviation shall be clearly identified on all improvement plans and parcel maps submitted to the Engineering Division.

(c) Release of addresses after recordation of map. Within thirty (30) days of the recordation of a final map or parcel map, approved street names and addresses will be distributed to City departments, subdividers, engineers, builders, and interested agencies.

(d) Release of addresses prior to recordation of map. In conformance with Subdivision Map Act Section 66499.30(a), addresses for model homes may be released prior to the recordation of the final map at the discretion of the City of Turlock Building Official.

(1121-CS, Added, 07/23/09)

11-6-503 Surveys required.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one ten-thousandth (1/10,000) for field closures and one twenty-thousandth (1/20,000) for calculated closures.

(1121-CS, Amended, 07/23/09. Formerly 11-6-502)

11-6-504 Form.

The form of the parcel map conforms to the final map form requirements as set forth in TMC 11-5-505.

(1121-CS, Amended, 07/23/09. Formerly 11-6-503)

11-6-505 Contents.

The contents of the parcel map shall conform to the final map content requirements as set forth in TMC 11-5-506, except for TMC 11-5-506(c)(5) and (7).

The Planning Commission certificate will be required if the tentative map was referred to, or appealed to, the Planning Commission for its consideration.

(1121-CS, Amended, 07/23/09. Formerly 11-6-504)

11-6-506 Preliminary submittal.

The subdivider shall submit three (3) sets of the parcel map to the City Engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by TMC 11-5-601, except for TMC 11-5-506(f), (g), (h), and (i).

The City Engineer may waive any of the requirements if the location and nature of the proposed subdivision does not need compliance with the requirements of Chapter 5-5 TMC.

(1121-CS, Amended, 07/23/09. Formerly 11-6-505)

11-6-507 Review by the City Engineer.

The City Engineer shall review the parcel map, and the subdivider’s engineer shall make corrections and/or additions until the map is in accordance with this title and the Subdivision Map Act.

(1121-CS, Amended, 07/23/09. Formerly 11-6-506)

11-6-508 Approval by the City Engineer.

The subdivider’s engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the City Engineer.

(1121-CS, Amended, 07/23/09. Formerly 11-6-507)

11-6-509 Filing with the County Recorder.

The City Clerk or authorized agent shall transmit the approved parcel map directly to the County Recorder in accordance with the provisions of Section 66466 of the Subdivision Map Act.

(1121-CS, Amended, 07/23/09. Formerly 11-6-508)

11-6-510 Waivers of parcel map requirements.

The City Engineer may waive the parcel map for any of the following:

(a) A division of property resulting from the conveyance of land or interests to or from the City, public entity, or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, and the like; and

(b) In accordance with Section 66428 of the Government Code of the State.

(1121-CS, Amended, 07/23/09. Formerly 11-6-509)