Tentative subdivision maps provide a means for obtaining review and approval of proposed land divisions. Tentative maps shall be prepared and approved in accordance with the Subdivision Map Act and the provisions of this chapter.
(Ord. 08-01 §1, 2008)
A. 
A tentative subdivision map shall be required for all subdivision, reconfiguration and consolidation of real property for which a final map is required.
B. 
The content and form, submittal and approval of tentative maps shall be governed by the provisions of this chapter. An application for approval of a tentative map pursuant to this chapter shall not be accepted for filing until the subdivision has been determined by the department to be consistent with the general plan, applicable specific plans and this Municipal Code. Additionally, all required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the tentative map.
(Ord. 08-01 §1, 2008)
This Municipal Code shall be inapplicable to those exclusions provided in the Map Act Section 66412 of the Government Code. Except as otherwise provided in this code, the transfer of land to or from a public agency as described in Map Act Section 66428 and the creation of a parcel for purposes of dedication to a public agency, where the parcel is not created for the purpose of sale, lease or finance, shall be exempt from the provisions of this title.
(Ord. 08-01 §1, 2008)
When any subdivision proposal includes the intention to file multiple maps, such intent must be stated in accordance with requirements of the Subdivision Map Act at the tentative map phase of the process.
(Ord. 08-01 §1, 2008)
Remainder parcels shall be designated on every tentative final or parcel map in accordance with the requirements of Subdivision Map Act Section 66424.6.
(Ord. 08-01 §1, 2008)
Application for a tentative subdivision map or maps shall comply with Chapter 16.03 as to design, and shall include the following materials:
A. 
The city tentative subdivision map application form and preliminary fee deposit in accordance with city policy;
B. 
Ten copies, one digital PMT copy, and one transparency of seven and one-half inch by nine and one-half inch image on eight inch by ten inch plastic of the tentative map, one reproducible eleven inch by seventeen inch copy and the statement for the proposed subdivision of any land;
C. 
A preliminary title report, acceptable to the department, showing the legal owners at the time of filing the tentative map, dated within ninety days of the application being deemed complete;
D. 
Information shall be submitted, as required by the department, to allow a determination on environmental review to be made in compliance with CEQA.
1. 
The various time limits contained in this Municipal Code for taking action on tentative maps shall not commence until the subdivision application is deemed complete for processing, pursuant to Public Resources Code Section 21151.5 and Map Act Sections 66452.1 and 66452.2,
2. 
The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents;
E. 
For purposes of a field investigation and prior to filing of a tentative map of a subdivision, critical points on proposed hillside roads as determined by the city engineer shall be slope staked by flagging to indicate the general limits of cut and fill slopes if average cross slope exceeds ten percent. Typical locations of slopes staked shall be designated on a copy of the tentative map;
F. 
Justification and reasons for any exceptions to the provisions of this title or any other provisions of the city;
G. 
A copy of restrictive covenants if proposed by the subdivider;
H. 
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. This information shall include design parameters and engineering calculations, and be in conformance with the policies and procedures of public works;
I. 
Phasing. If the subdivider plans to file multiple final maps on the tentative map, a written notice to this effect shall be filed with the department. Phase lines may be shown on the map(s);
J. 
A preliminary soils report shall be prepared by a registered civil engineer and shall include the following:
1. 
Such report shall be based on adequate test borings or excavations and shall recommend corrective action. The preliminary soil report may be waived if the building official determines that, due to the knowledge his department has as to the qualities of the soil within the subdivision or lot, no preliminary analysis is necessary,
2. 
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 so affected in the subdivision shall be made by a registered civil engineer;
K. 
A Phase I hazards study shall be prepared by a professional licensed to perform such studies in accordance with state law. A Phase II study shall be prepared based on the findings and conclusions of the Phase I report;
L. 
Accompanying the tentative map, or placed on the map, shall be statements by the subdivider containing the following:
1. 
Existing zoning and proposed uses of the land,
2. 
Intentions regarding erosion control and improvements to be constructed, as required in Chapter 16.03 and by other ordinances of the city,
3. 
Building setback lines,
4. 
Proposed source of water supply and method of sewage disposal,
5. 
Proposed tree removal, preservation and planting,
6. 
Proposed public areas to be dedicated and common area or scenic easements proposed, including designation of public and private streets. If common areas are proposed, method of maintenance shall be stated,
7. 
Proposed development of lots, that is, whether for sale as lots, fully developed house and lot, or for lease and/or for financing purposes;
M. 
A copy of any existing or proposed conditions, restrictions, or covenants regulating or restricting the use of the land within the subdivision shall be attached to the above statement;
N. 
Any other data or reports deemed necessary by the planning department, or city engineer (i.e., traffic, noise, biological survey, cultural resources, water studies, as required by local regulation or state law, etc.).
(Ord. 08-01 §1, 2008)
A. 
Prior to the presentation of a formal tentative map, the subdivider may present sketches of his proposal to the planning director, commission or to the city engineer. Tentative maps shall be eighteen inches by twenty-six inches in size.
B. 
Every tentative map shall be clearly and legibly reproduced in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall contain, but be not limited to, the following information:
1. 
A key or location map showing roads, adjoining subdivisions, cities, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;
2. 
The tract name and number, date, north arrow, and scale;
3. 
Sufficient data to define the boundaries of the tract, or a legal description of the tract. Tentative map to show any proposed units of final map;
4. 
Name and address of record owner or owners;
5. 
Name and address of the subdivider if different from the owner or owners;
6. 
Name and business address of the person preparing the map;
7. 
The contour of the existing and proposed land at intervals of one foot elevation up to five percent slopes; two-foot intervals up to ten percent and five-foot intervals over ten percent. Contours shall be indicated in contiguous lands for a distance of two hundred feet. Every fifth contour line shall be a heavier weight line;
8. 
The location and outline to scale of each existing building or structure within the subdivision and the location and designation of uses of each structure in contiguous areas within one hundred feet of the boundary thereof; noting thereon whether or not such building or structure within the subdivision is to be removed from or remain in the subdivision, and its existing and proposed use;
9. 
The location and name of all streets as approved by the fire department and the department of public works/city engineer along with width, grade of streets within the subdivision and offered for dedication and approximate radii of all curves;
10. 
Width, approximate location and purpose of all existing and proposed easements and easements adjoining such land;
11. 
The width and approximate grade of all streets, highways, alleys and other rights-of-way whether proposed for dedication or not;
12. 
The location, name and width of adjoining and contiguous highways, streets, and ways;
13. 
Location and size of all pipelines and structures existing or to be used in connection with the subdivision;
14. 
The location of vertical river or creek access easements and irrigation structures, by metes and bounds or other description sufficient in detail to show designation width of ten feet and designation of area as access easement or floodway or habitat protection zones as required by city policy;
15. 
Location and character of existing and proposed utilities;
16. 
The width, location and purpose of all existing and proposed easements;
17. 
All lots numbered consecutively throughout each block in the development; the approximate dimensions of all lots; lot areas shall be shown for all lots not rectangular in shape;
18. 
Lot areas, number of lots, minimum lot size, average lot size and density;
19. 
Gross area of subdivision, proposed park land, public facilities, and open space calculated to nearest one-tenth acre;
20. 
The horizontal and vertical location of existing fences, ditches, wells, sumps, cesspools, reservoirs, sewers, culverts, drain pipes, underground structure, utility lines or sand, gravel or other excavation within the subdivision, noting thereon whether they are to be abandoned or used. The location of utility lines and sand, gravel or other excavation within three hundred feet of any portion of the subdivision shall be shown;
21. 
Type, circumference and drip-line of existing trees with a trunk diameter of four inches or more. Any trees proposed to be removed shall be so indicated;
22. 
The approximate location of all areas subject to inundation or storm water overflow; the location, width, and direction of flow of each water course; and the flood zone designation as indicated on the Flood Insurance Rate Map ("FIRM"), as defined in Title 15.32 (Flood Damage Prevention) of this Municipal Code;
23. 
The names and numbers of adjacent subdivisions and the names of owners of adjacent unplatted land;
24. 
A statement of present land use designation(s) and of existing and proposed uses of the property;
25. 
List the applicable agencies that provide service to the proposed subdivision (i.e., school district(s), gas, electric, water and sewer, telephone, cable TV, etc.);
26. 
The location and size of existing wells, septic tanks, sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope and size of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on-site or on peripheral streets shall be indicated;
27. 
Proposed on-site and off-site improvements to be illustrated shall include, but not be limited to:
a. 
The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated,
b. 
The location and radius of all curb returns and cul-de-sacs,
c. 
The location, width and purpose of all easements;
28. 
Proposed recreation sites, bike paths, trails and parks for private or public use, which shall be indicated as lettered lots;
29. 
Proposed common areas and areas to be dedicated to public open space, which shall be indicated as lettered lots;
30. 
The location and size of proposed and existing sanitary sewers, fire hydrants, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;
31. 
Any proposed locations and sizes of storm water runoff retention basins;
32. 
Subdivision improvements outside of the boundary including right-of-way, topography, and proposed work;
33. 
If the subdivider plans to develop the site in units or phases, the proposed units or phases and their proposed sequence of construction shall be shown;
34. 
If a condominium or similar development is proposed, the word "condominium" or appropriate name shall be indicated on the tentative map;
35. 
Upon the written request of the subdivider, the department may waive any of the above tentative map content requirements if the department determines the type of subdivision does not justify compliance with these requirements, the department determines that other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and this Municipal Code.
(Ord. 08-01 §1, 2008)
The tentative map application shall be filed with the Waterford planning department. The application shall be determined by the department to be complete only when the content and form of the tentative map conform to the requirements of this title and when all accompanying data and reports, as required by this title and all fees and/or deposits as required have been submitted and accepted by the department in conformance with Government Code Section 65943.
A. 
The application shall not be deemed complete until all applicable provisions of the California Environmental Quality Act have been complied with.
B. 
If the application requires an amendment to the general or specific plan, annexation, rezoning or prezoning, the subdivision application cannot be deemed complete until those processes have been completed and approved.
(Ord. 08-01 §1, 2008)
Any applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the city, as outlined in Map Act Section 66451.1. A waiver of application time limits may be required to permit concurrent processing of related project requests.
(Ord. 08-01 §1, 2008)
A. 
Copies of the tentative map shall be submitted to the planning department for review for completeness. A tentative map shall be considered ready for the consideration of the planning commission when the planning director determines that maps and all required supplementary data have been submitted, when the map complies with this title, and when California Environmental Quality Act provisions have been met. If the subdivision is a portion of a larger area which may be subdivided later, the tentative map shall indicate the ultimate plan for the whole.
B. 
Revised Tentative Map Fee. If, subsequent to the approval of a tentative map by the city council, the subdivider submits a revised tentative map as a substitute for the tentative map theretofore approved, or requests a change of any of the conditions approved by the council, the subdivider shall pay a fee to be established by resolution of the city council from time to time hereafter enacted. The fee may be waived when revision is initiated by the council. The time of original approval shall not be extended by revision approval.
C. 
Distribution of Copies. Upon the submission to the planning department of a tentative map and the requisite number of copies thereof, the planning department shall retain two copies and shall transmit copies to the following agencies, departments or officers: city engineer, Stanislaus County consolidated fire district; public works director; city manager and/or others as may be designated by the city manager; if the subdivision is within one mile of a state highway, the Caltrans District 10 Offices in Stockton; the utility companies serving the area including, but not limited to, MID and PG&E; and any municipality as may be required by law.
D. 
Reports. Within a period of not more than sixteen days from the receipt of a copy of a tentative map, each officer or department to which a copy shall have been transmitted shall file with the planning department a report showing changes necessary to make the map meet the requirements of the Subdivision Map Act, this title, and other applicable ordinances.
(Ord. 08-01 §1, 2008)
A. 
The planning commission shall act on any tentative map in accordance with the Permit Streamlining Act found in Government Code. If the map proposed for filing is a corrected tentative map, seven copies of the corrected map and a transparency of seven and one-half inch by nine and one-half inch image on eight-inch by ten-inch plastic shall be filed.
B. 
The planning commission shall recommend city council consideration of whether the tentative map of a standard subdivision is in conformity with provisions of law and this title, and shall recommend findings required by Section 11549.5 of the Business and Professions Code and thereupon recommend approval, conditional approval or disapproval of said map and shall report its action to the subdivider. The report of the planning commission with said findings shall be submitted to the city council.
C. 
The planning commission may, in addition to other causes therefore, recommend disapproval of a tentative map because of flood, inundation, geologic or slide hazards and may require protective improvements to be constructed, as a condition of approval of the map.
(Ord. 08-01 §1, 2008)
After receipt of the report of the planning commission on the tentative map the city council shall act thereon in accordance with the requirements of state law. The city council shall approve, conditionally approve or deny said tentative map in accordance with this title and other provisions of state and local law.
(Ord. 08-01 §1, 2008)
The tentative map may be denied by the commission and/or council on any of the grounds contained in the Map Act, general plan or the Municipal Code.
A. 
The commission and/or council shall deny the tentative map if it makes any of the following mandatory findings contained in Map Act Section 66474:
1. 
That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451;
2. 
That the design or improvement of the proposed subdivision is not consistent with applicable general and 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 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;
6. 
That the design of the subdivision or 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.
(Ord. 08-01 §1, 2008)
A. 
The final subdivision map shall conform to all applicable provisions of the Subdivision Map Act, and city of Waterford Municipal Code (WMC) and the minimum conditions listed below:
1. 
In the event that multiple final subdivision maps are submitted, the city reserves the right, as provided in Section 66456.1 of the Subdivision Map Act to require improvements and/or a deferred improvement agreement, bond or other surety arrangement, between the developer and the city as a condition of the final map in accordance with Chapter 16.12 of this title;
2. 
Final inspection of the sewer system shall be as approved by the city engineer and/or director of public works at the developer's cost;
3. 
The applicant shall petition the city council for the formation of a district, or annexation to an existing district, established pursuant to the provisions of the California Landscaping and Lighting Act of 1972 to accomplish any or all purposes permitted by the Act;
4. 
Public and city utility easements shall be granted as required by the respective agencies;
5. 
Each home within the subdivision shall have house numbers a minimum of four inches in height affixed to a contrasting background with either internal or external lighting and located in such a manner as to be visible from the fronting street;
6. 
The applicant shall enter into a land development agreement, as set forth in Chapter 16.14 of this title, with the city for installation of public improvements in an amount determined sufficient by the city engineer and in a form approved by the city attorney;
7. 
All fees shall be paid pursuant to fee schedules of the city in effect at the time of payment, except as the provisions for establishing rates may be in conflict with state law;
8. 
All street light shall be installed in the public right-of-way and dedicated to the city;
9. 
If the project is constructed as a phased development, the applicant shall be responsible for taking timely action in renew or extend any portions of the tentative map for which a final map has not been filed;
10. 
The developer shall provide improvement security, complete all necessary agreements with the city, and commence construction of all subsequent phases of the subdivision within twelve months of the date of the issuance for the initial permit for the preceding phase of construction;
11. 
Utility lines shall be stubbed out to the boundary of the subdivision or to the centerline of adjacent streets at locations specified in the Waterford sewer, storm drain and water master plans and as designated by the city engineer for future extension to adjacent properties;
12. 
The type and location of fire hydrants shall be subject to the approval of the Stanislaus County consolidated fire protection district;
13. 
The street trees shall be the type approved by the director of public works and shall be planted at locations and pursuant to planting standards approved by the director;
14. 
The entire subdivision shall comply with all flood hazard reduction standards as provided in Chapter 15.30 of the Waterford Municipal Code;
15. 
The applicant shall prepare and submit for approval improvement and grading plans for all streets, sidewalks, curbs, gutter, valley gutters, street lights, street striping and stenciling, fire hydrants, and all underground conduit systems for review and approval by the city engineer;
16. 
The applicant shall prepare and submit for approval an on-site utility plan indicating capacities, locations, connections to city lines, easements, metering, and compliance with city, county, and state specifications and also including storm drainage calculations for the proposed storm drainage system;
17. 
Applicant shall prepare and submit a storm drainage plan depicting drainage calculations, the gutter flow length to catch basins, the size of lines, and compliance with the city of Waterford's storm drain master plan. In addition the plans shall indicate the quality, the direction, and ultimate outfall for surrounding parcels, and details of detention ponds, ground water recharge, lift stations and treatment of any water discharged into a surface water system;
18. 
Applicant shall prepare and submit a water service plan depicting both potable and non-potable water use calculations, volume, pressure and the size of lines, well locations, storage, treatment facilities, etc. in compliance with the city of Waterford's water master plan. In addition the plans shall indicate the details of system design, nonpotable water system use and pressure zones proposed for both potable and nonpotable water;
19. 
Applicant shall prepare and submit a sewer plan depicting sewer flow calculations, the size of lines, and compliance with the city of Waterford's sewer master plan. In addition the plans shall indicate the details of system design and any proposed lift stations;
20. 
The applicants shall prepare and submit for approval, an improvement and grading plan for lot driveways and pads which shows details for driveway structural sections and required retaining walls;
21. 
All conditions, covenants, and restrictions proposed for recordation shall be submitted to the planning department for review and approval;
22. 
Water and sewer lines and drainage facilities shall be sized in such a manner as to comply with the city master plan and to provide capacity for adjacent parcels;
23. 
Traffic-control signs, street-name signs and street painting shall be installed at locations approved by the public works director in consultation with the Waterford chief of police;
24. 
Any underground structures such as wells, septic tanks, and gas tanks shall be removed or filled and sealed to the satisfaction of the city engineer;
25. 
If the project is to be phased, applicant shall file plan reflecting the limits of, and continuity of, streets and utilities;
26. 
The map shall identify any existing structures to remain on the site and plans for connection to city utilities and any existing structures within one hundred feet of the subdivision boundary; and
27. 
The applicant shall perform all mitigation measures identified in any document prepared pursuant to the California Environmental Quality Act.
B. 
In the event that the project requires approvals by the local agency formation commission, a final map shall not be approved until such time as governmental reorganization (annexation) has been approved by all responsible agencies.
(Ord. 08-01 §1, 2008)
After the approval by the city council of the tentative map of any subdivision, the subdivider shall furnish the following information to the city engineer:
A. 
A grading plan consisting of cross sections and finished grades of all lots to be graded as a part of the improvement of the subdivision, and of all roads, streets, and highways in the proposed subdivision.
B. 
Plan and profile drawing on all streets, including water, sewer and drainage improvements. Utilities may be shown in plan only. Improvement plan scales shall be one inch equals forty feet horizontally in plan; one inch equals four feet vertical in profile, unless otherwise approved by the city engineer.
C. 
Estimated costs of improvements to be constructed and estimated cost of conditions of approval of the subdivision.
D. 
Any other pertinent information required by the conditional approval of the city council including a soils report on filled areas or areas proposed to be filled; and in all street and alley rights-of-way at intervals not exceeding one thousand feet and/or any change in soil conditions. The soils report and analysis will be in accordance with methods approved by the state of California for "R" values, sieve analysis and sand equivalent.
(Ord. 08-01 §1, 2008)
A. 
The approval or conditional approval of a tentative map shall expire twenty-four months following approval by the planning commission or city council, as appropriate. However, the map may be extended if the subdivider has complied with Map Act Section 66452.6(a) and (e). An extension to the expiration date may also be approved pursuant to Section 16.07.180 of this title.
B. 
The approval or conditional approval of a tentative map may be approved for up to thirty-six months by the planning commission or city council, as appropriate, in conformance with Subdivision Map Act Section 66452.6.
C. 
The period of time outlined in subsection A of this section shall not include any period of time during which a lawsuit has been filed, whether or not first appealed to the council, 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 commission. After service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the director, request a stay in the time period of the tentative map. Within forty days after receiving the request, the planning commission or city council, as appropriate 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 commission or council shall render its decision.
D. 
The period of time outlined in subsection A of this section shall not include any period of time during which a development moratorium is in effect pursuant to Subdivision Map Act Section 66452-6.
E. 
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. The final map or parcel map documents submitted for filing must be accepted as adequate for approval by the city engineer prior to the expiration date.
(Ord. 08-01 §1, 2008)
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 before the map is to expire and shall state the reasons for requesting the extension. The subdivider shall be solely responsible for filing the application.
B. 
Commission Action. The department shall review the request and submit the application for the extension, together with a report to the commission for approval, conditional approval, or denial to the planning commission. A copy of the department's report and recommendation shall be forwarded to the subdivider prior to the meeting on the extension. In approving, conditionally approving, or denying the request for extension, the commission shall make findings supporting its decision. The subdivider shall pay any increase in unpaid applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.
C. 
Conditions of Approval. In granting an extension, new conditions may be imposed and existing conditions may be revised.
D. 
Time Limit of Extensions. The maximum time that a tentative map can be extended shall be in accordance with Subdivision Map Act Section 66452.6(e) and shall not exceed ten years.
(Ord. 08-01 §1, 2008)
A. 
Minor amendments to the approved tentative map or conditions of approval may be granted by the department upon application by the subdivider or on the department's own initiative, provided:
1. 
No lots, units, or building sites are added;
2. 
Changes are consistent with the intent of the original tentative map approval; and
3. 
There are no resulting violations of the Map Act, or this Municipal Code.
B. 
The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the planning director. Amendments to the tentative map conditions of approval, which in the opinion of the department, are not minor, shall be presented to the commission for its approval. Processing shall comply with the provisions for processing a tentative map as contained in this Municipal Code. Any approved amendment shall not alter the expiration date of the tentative map.
(Ord. 08-01 §1, 2008)