[Ord. No. 1034, § 1.]
The form and contents, submittal, and approval of tentative
subdivision maps shall be governed by the provisions of this article.
An application for approval of a tentative map pursuant to this
article 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 pursuant to the
provisions of this Code.
[Ord. No. 1034, § 1.]
The tentative map shall be prepared in a manner acceptable to
the department and shall be prepared by a registered civil engineer
or licensed land surveyor. The tentative map shall be clearly and
legibly drawn and shall contain not less than the following:
(a)
A title which shall contain the subdivision number, subdivision name,
and type of subdivision.
(b)
Name and address of legal owner, subdivider, and person preparing
the map, including registration or license number.
(c)
Sufficient legal description to define the boundary of the proposed
subdivision.
(d)
The names and numbers of adjacent subdivisions and the names of owners
of adjacent unplatted land.
(e)
Date and most recent revision date, north arrow, scale, contour interval,
and source and date of existing contours.
(f)
A statement of present zoning and of existing and proposed uses of
the property as well as any proposed zoning changes, whether immediate
or future.
(g)
A vicinity map showing roads, adjoining subdivisions, towns, creeks,
railroads, and other data sufficient to locate the proposed subdivision
and show its relation to the community.
(h)
Existing topography and features of the proposed site including but
not limited to:
(1)
Existing contours at two foot intervals if the existing ground
slope is less than ten percent and at not less than five foot intervals
for existing ground slopes equal or greater than ten percent the public
works director may determine that added topographic coverage is necessary.
Contour intervals shall not be spread more than one hundred fifty
feet apart. Existing contours shall be represented by dashed lines
or by screened lines. Contour intervals shall be based on City of
Oakdale datum, including identification of the benchmark used to establish
contour intervals.
(2)
Type, circumference and dripline of existing trees with a trunk
diameter of eight inches or more. Any trees proposed to be removed
shall be so indicated.
(3)
The location and outline of existing structures identified by
type. Structures to be removed shall be so marked.
(4)
The approximate location of all areas of potential storm water
overflow; the location, width, and direction of flow of each water
course; the flood zone designation as indicated on the Flood Insurance
Rate Map ("FIRM") and identification of one hundred year flood elevation.
(5)
The location, pavement and right-of-way width, grade and name
of existing streets, highways, alleyways, pathways or trail system.
(6)
The widths, location, identity of all existing easements, and
recorded instrument number.
(7)
The location and size of existing utilities, including but not
limited to sanitary sewers, fire hydrants, water mains and storm drains.
The location of existing overhead utility lines or peripheral streets
shall be indicated.
(i)
Proposed improvements to be shown shall include but not be limited
to:
(1)
The location, grade, centerline radius and arc length of curves,
pavement, right-of-way width, and name of all streets. Typical cross
sections of all streets shall be shown. Proposed private streets shall
be clearly indicated.
(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 four degrees.
(5)
The approximate lot layout, lot area in square footage, and
the approximate dimensions of each lot and each building site. Each
lot shall be numbered consecutively with no omissions or duplications.
(6)
Engineering data shall be provided based on City of Oakdale
datum, including identification of the benchmark used, and shall include
the approximate finished grading of each lot, the preliminary design
of all grading, the elevation of proposed building pads, the top and
toe of cut and fill slopes to scale, the number of each lot, and the
elevation of adjacent parcels.
(7)
Proposed contours at two foot intervals shall be shown if the
existing ground slope is less than ten percent and not at less than
five foot intervals for existing ground slopes of ten percent or more.
A separate grading plan may be submitted.
(8)
Proposed location, width and grade of trails and pathways.
(9)
Proposed recreation sites and parks for private or public use.
(10)
Proposed common areas and areas to be dedicated to public open
space.
(11)
The location and size of sanitary sewers, street lights, fire
hydrants, water mains and storm drains. The proposed routing of storm
water runoff generated by a one hundred year flood shall also be indicated.
(12)
A statement as to the intention of the subdivider in regard
to slope planting and erosion control.
(j)
The name or names of any design professional whose services were
used in the preparation of the design of the tentative map.
(k)
The size of each sheet shall be eighteen inches by twenty-six inches.
A marginal line shall be drawn completely around each sheet, leaving
an entirely blank margin of one inch. The scale of the map shall be
not less than one inch equals fifty feet (1" = 50') or as may
be necessary to show all details clearly, and enough sheets shall
be used to accomplish this end. The particular number of the sheet
and the total number of sheets comprising the map shall be stated
on each of the sheets, and its relation to each adjoining sheet shall
be clearly shown. When four or more sheets including the certificate
sheet are used, a key sheet shall be included. All printing or lettering
on the map shall be of one-eighth inch minimum height and of such
shape and weight as to be readily legible on prints and other reproductions
made from the original drawings.
(l)
The subdivider shall specify any deviation from city standards and
the justification for such deviation.
(m)
Upon the written request of the subdivider, the department may waive
any of the above tentative map requirements if the department determines
that the type of subdivision does not justify compliance with these
requirements, or if the department determines that other circumstances
justify a waiver. The department may require other drawings, data,
or information as deemed necessary by the department to accomplish
the purposes of the Subdivision Map Act and this chapter.
[Ord. No. 1034, § 1.]
The tentative map shall be accompanied by the following data
and reports:
(a)
Street names. A list of proposed street names for any unnamed street
or alley for review by the community development department.
(b)
Soils report. A preliminary soils report prepared in accordance with
standard engineering practices and complying with the provisions of
the Uniform Building Code and this chapter shall be submitted. If
the preliminary soils report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would
lead to structural defects, the soils report accompanying the final
map shall contain an investigation of each lot within the subdivision.
(c)
Title report. A preliminary title report, no older than six months
old.
(d)
School site/facilities. The subdivider shall request from the school
district or districts involved their intention, in writing, concerning
the necessity for a school site and/or temporary and/or permanent
school facilities, if any, within the subdivision and shall present
this information to the department prior to the consideration of the
tentative map by the planning commission.
(e)
Environmental review. Information shall be submitted as required
by the department to allow a determination on environmental review
to be made in accordance with CEQA. The subdivider shall deposit and
pay all fees as may be required for the preparation and processing
of environmental review documents.
(f)
Preliminary engineering calculations. Information shall be submitted
as required by the standard engineering specifications to demonstrate
the adequacy of the design of the proposed improvements. Such information
shall include design parameters and engineering calculations.
(g)
Phasing. If the subdivider plans to file multiple final maps on the
tentative map, he shall submit a written notice to this effect to
the community development director.
(h)
Other reports. Any other data or reports deemed necessary by the
Department.
[Ord. No. 1034, § 1.]
Each street which is to be dedicated which is a continuation
of, or approximately the continuation of, any existing dedicated street
shall be shown on the tentative map and shall be given the same name
as such existing street. The proposed name of each other street shown
on the tentative map shall be submitted to the community development
department for approval in accordance with city street-naming policies.
The approved street name shall be shown on the tentative map.
[Ord. No. 1034, § 1.]
The tentative map application shall be filed with the department.
The application shall be determined by the department to be complete
only when the form and contents of the tentative map accompanying
data and reports and all fees and/or deposits have been submitted
and accepted by the department in accordance with this chapter. The
subdivider shall file with the department the number of tentative
maps the community development director may deem necessary. The department
shall forward copies of the tentative map to the affected public agencies
and utilities which may, in turn, forward to the department their
findings and recommendations. Public agencies and utilities shall
certify that the subdivision can be adequately served.
Within ten days of the filing of a complete tentative map application,
the department shall send a notice of the filing of the tentative
map application to the governing boards of the school districts. The
notice shall also contain information about the location of the proposed
subdivision, the number of units, density, and any other information
which would be relevant to the affected school district. Written responses
made by the governing board of the school district shall be received
by the department within twenty working days of the date on which
the notice was mailed to the school district for comment. In the event
that the school district fails to respond within the twenty working
day period, such failure to respond shall be deemed approval of the
proposed subdivision by the school district. The planning commission
shall consider the report from the school district in approving, conditionally
approving, or denying the tentative map application.
[Ord. No. 1034, § 1.]
(a)
Action. The planning commission shall approve, conditionally approve
or deny the tentative map, and the Department shall report the decision
of the planning commission to the city council and the subdivider
within the prescribed time limits as determined by state law. If an
Environmental Impact Report is prepared, the decision shall be made
in accordance with the requirements of the California Environmental
Quality Act following certification of the Environmental Impact Report.
In reaching a decision upon the tentative map, the planning commission
shall consider the effect of that decision on the housing needs of
the region and balance these needs against the public service needs
of its residents and available fiscal and environmental resources.
For tentative subdivision maps containing more than fifty lots,
the planning commission shall make a recommendation to the city council
regarding parkland dedication requirements. The decision of the city
council shall become a condition of tentative subdivision map approval.
(b)
Approval. The tentative map may be approved or conditionally approved
by the planning commission if it finds that the proposed subdivision,
together with the provisions for its design and improvement, is consistent
with the General Plan, any applicable specific plan, this Code and
all applicable regulations.
The planning commission may modify or delete any of the conditions
of approval recommended in the department's report. The planning
commission may add additional requirements as a condition of its approval.
If no action is taken by the planning commission within the
time limits specified in this section, the tentative map, as filed,
shall be deemed to be approved if it complies with all other applicable
provisions of the Subdivision Map Act, this chapter, this Code, the
General Plan and any applicable specific plan.
(c)
Denial. The tentative map may be denied by the planning commission
on any of the grounds provided by the Subdivision Map Act or this
Code. The planning commission shall deny approval of the tentative
map if it makes any of the following findings:
(1)
That the proposed map is inconsistent with the General Plan
or any applicable specific plan, or other applicable provisions of
this Code;
(2)
That the site is not physically suitable for the type of development;
(3)
That the site is not physically suitable for the proposed density
of development, or for the type of development;
(4)
That the design 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. Notwithstanding
the foregoing, the planning commission may approve such a tentative
map if an environmental impact report was prepared with respect to
the project and a finding was made pursuant to Section 21081(c) of
CEQA that specific economic, social or other considerations make infeasible
the mitigation measures or project alternatives identified in the
environmental impact report;
(5)
That the design of the subdivision or the type of improvements
are likely to cause serious public health problems;
(6)
That the design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large for
access or use of, property within the proposed subdivision. In this
connection, the governing body may approve 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,
and no authority is hereby granted to the planning commission to determine
that the public at large has acquired easements for access through
or use of property within the proposed subdivision; or
(7)
As provided in the Subdivision Map Act, the land is subject
to a contract entered into pursuant to the California Land Conservation
Act of 1965 (commencing with Section 51200 of the Government Code)
and that the resulting parcels following a subdivision of the land
would be too small to sustain their agricultural use.
[Ord. No. 1034, § 1.]
If a tentative map is approved or conditionally approved, the
department shall forthwith make a written report thereof to the city
council. Any member of the city council shall have the right to call
up the tentative map for city council review at a city council meeting
or by a request to the community development director, either of which
must be within ten days of the final action by the planning commission.
If the council, by a majority vote, decides to review the map, it
shall conduct a public hearing after giving notice pursuant to the
provisions contained in this chapter. Such decision to review shall
be made within ten days after such request is made. In addition, notice
shall be given to the planning commission. The public hearing shall
be held within thirty days after the council decides to review the
map. The council may add, modify, or delete conditions if the council
determines that such changes are necessary to ensure that the tentative
map conforms to the Subdivision Map Act and this chapter. The city
council may deny the tentative map on any of the grounds contained
in this chapter. Within ten days following the conclusion of the hearing,
the city council shall render its decision. If the city council does
not act within the time limits set forth in this section, the tentative
map shall be deemed to have been approved or conditionally approved
as last approved or conditionally approved by the planning commission
insofar as it complied with all other applicable provisions of the
Subdivision Map Act, this chapter and the General Plan.
[Ord. No. 1034, § 1.]
Any applicable time limits for acting on the tentative map application
may be extended by mutual consent of the subdivider and the planning
commission. A waiver of applicable time limits may be required to
permit concurrent processing of related project approvals or environmental
review on the same development project.
[Ord. No. 1034, § 1.]
Procedures for appeals are set forth within Article I of this chapter.
If the city council fails to act upon an appeal within the time
limits set forth in this chapter, the tentative map shall be deemed
to be approved or conditionally approved as last approved or conditionally
approved by the planning commission insofar as it complies with all
other applicable provisions of the Subdivision Map Act, this chapter,
this Code and the General Plan.
[Ord. No. 1034, § 1.]
(a)
The approval or conditional approval of a tentative map shall expire
twenty-four months from its approval. However, if in connection with
a tentative map for which the filing of multiple final maps is authorized,
a fee may be required in order to construct, improve, or finance the
construction or improvement of public improvements outside the boundaries
of the tentative map. If the tentative map is on property subject
to a development agreement authorized by Section 65864 et seq. of
the Government Code, then the expiration date shall be extended in
accordance with the Subdivision Map Act. An extension to the expiration
date may also be approved as provided in the provisions of this article.
(b)
The period of time specified in subsection (a) above 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. After service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the community development director, request a stay in the time period of the tentative map. Within forty days after receiving the request, the planning commission shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the planning commission shall, within ten days, render its decision. The subdivider or any interested parties may appeal the action of the planning commission in accordance with the provisions of this chapter.
[Ord. No. 1034, § 1.]
(a)
Request by subdivider. The subdivider may request an extension of
the expiration date of the approved or conditionally approved tentative
map by written application to the department. The application shall
be filed not less than thirty (30) days before the map is to expire
and shall state the reasons for requesting the extension.
(b)
Planning commission action. The department shall review the request
and submit the application for the extension, together with a report,
to the planning commission for approval, conditional approval, or
denial at the next regularly scheduled planning commission meeting.
A copy of the department's report shall be forwarded to the subdivider
prior to the planning commission meeting on the extension. In approving,
conditionally approving, or denying the request for extension, the
planning commission shall make findings supporting its decision, including
findings with respect to the potential impact of any increases in
applicable development fees which have occurred since the date of
the approval or conditional approval of the tentative map.
(c)
Time limit of extensions. The planning commission may extend the
expiration of a tentative map for a period of twelve months. This
extension may be granted up to a total of three, twelve month extensions.
[Ord. No. 1034, § 1.]
Minor amendments to the approved or conditionally approved tentative
map or conditions of approval may be approved by the department upon
application by the subdivider or on the department's own initiative,
provided:
(a)
No lots, units, or building sites or structures are added;
(b)
Changes are consistent with the intent and spirit of the original
tentative map approval;
(c)
There are no resulting violations of this Code or the Subdivision
Map Act.
The amendment shall be indicated on the approved or conditionally
approved tentative map and certified by the community development
director. Amendments to the tentative map conditions of approval which,
in the opinion of the department, are not minor, shall be presented
to the planning commission for its approval. Processing shall be in
accordance with the provisions for processing a tentative map as set
forth in this article. Any approved amendment shall not alter the
expiration date of the tentative map.
