The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.
(a)
The subdivider shall deliver to the Planning and Development Director twenty five (25) prints of the tentative map or ten (10) prints and two (2) sepia line transparencies, or equal, from which diazo type prints can be produced.
(b)
At the time of delivering the tentative map, the subdivider shall pay to the Planning and Development Director the applicable fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.
(c)
The tentative map shall be delivered to the Planning and Development Director prior to the completion of final surveys of streets and lots and before grading or construction work is begun within the proposed subdivision which might be affected by changes in the tentative map.
(d)
The tentative map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the tentative map shall be deemed to be filed. If the Planning and Development Director notifies the subdivider that the map and documents are not complete, the tentative map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the subdivider.
(e)
Within five (5) days after the delivery of the tentative map and accompanying statements, the Planning and Development Director shall transmit copies of the tentative map to the Public Works Director, the County Health Department, the County Fire Warden, and to each of the public utilities affected, together with requests for recommendations on the proposed subdivision. In addition, the Planning and Development Director shall transmit copies of the tentative map to Cities, the State Department of Transportation, and to each school district within which the subdivision is located, in accordance with the Subdivision Map Act. The Planning and Development Director may also transmit copies of the tentative map and accompanying statements to water districts, irrigation districts, community services districts and other public and private agencies affected by the proposed subdivision, together with requests for recommendations on the proposed subdivision.
The tentative map shall be clear and legible. The size of the sheet shall be appropriate to allow proper review, as determined by the Planning and Development Director. The scale of the map shall be one (1) inch equals one hundred (100) feet or multiples of one hundred (100) feet.
A tentative map shall contain the following information:
(a)
A tract number which shall be assigned by the Planning and Development Director at the time that the tentative map is filed.
(b)
Name and address of the record owner of the property to be subdivided, name and address of the subdivider if the owner is not the subdivider, and the name and address of the engineer or surveyor.
(c)
Date of preparation.
(d)
North point, scale and graphic scale.
(e)
A key map showing the proposed subdivision and surrounding subdivisions and streets located within one quarter (1/4) mile radius of the boundaries of the proposed subdivision.
(f)
Boundary lines.
(g)
A statement of any intent to file multiple final maps from the proposed tentative map if multiple final maps are to be filed.
(h)
Locations of street lights.
(i)
Locations and widths of all streets within the proposed subdivision. Profiles shall also be provided for any portion of a street located within selected flood lines which is necessary for access to the subdivision.
(j)
Names, locations and widths of streets adjacent to the proposed subdivision.
(k)
Locations and widths of alleys.
(l)
Approximate grades of all streets or parts of streets having a grade of more than six percent (6%); profiles shall be furnished where the topography presents a problem.
(m)
Approximate radii of street curves.
(n)
Typical cross sections of streets and alleys which do not conform to the standards referred to in section 7-01-2025 of this Chapter.
(o)
Locations and widths of any pedestrian ways within the proposed subdivision.
(p)
Lot lines and approximate dimensions.
(q)
All lots numbered consecutively, commencing with the number "1" (one), with no omissions or duplications, except for the lots covered by section 7-01-1270 of this Chapter which shall be lettered consecutively commencing with the letter "A."
(r)
Locations and approximate dimensions of proposed public areas and bicycle paths.
(s)
Locations, widths and character of access rights and easements to and along any public waterway, river or stream and locations, widths and character of access rights to any lake or reservoir owned by a public agency.
(t)
Waivers of rights of access to and from streets, lots and other parcels of land, and locations and widths of lots to be conveyed to the County pursuant to section 7-01-1270 of this Chapter.
(u)
Widths and locations of all existing or proposed public and private easements.
(v)
Locations of Specific Plan lines.
(w)
Locations of all structures and improvements, including subsurface structures and improvements. For any such structures or improvements that will remain in the subdivision, the distance between such structures or improvements and the proposed lot lines shall be shown.
(x)
Locations of city boundary lines.
(y)
Contours shall be shown at five (5) foot intervals for terrain having a natural slope of five percent (5%) or more. On areas with a slope of less than five percent (5%), and areas located within selected flood lines, the contours shall be shown at two (2) foot intervals.
(z)
The location, width, depth and direction of flow for all watercourses, both natural and artificial, the location of any areas subject to inundation, and the location of floodways and/or selected flood lines together with the elevation of the base flood.
In addition to the information set forth in section 7-01-1705 a vesting tentative map shall contain the following information:
(a)
The map shall have printed conspicuously on its face the words "Vesting Tentative Map."
(b)
If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Zoning Ordinance set forth in this Ordinance Code or with Ordinance No. 352, as amended, the inconsistency shall be noted on the tentative map.
The tentative map shall show thereon or be accompanied by the following statements:
(a)
Legal description of the property.
(b)
Existing use or uses of the property, including the location of all existing structures to remain on the property.
(c)
Proposed uses of the property, including a statement of the relative proportions of the total area of the subdivision proposed to be devoted to each use.
(d)
Specific source and type of water supply (e.g., drilled well, dug well, spring, etc.).
(e)
Method of sewage disposal.
(f)
A tentative drainage plan indicating provisions for drainage and storm water control and, for any area which is located within selected flood lines, the proposed method of flood protection.
(g)
Types of street improvements and utilities which the subdivider proposes to install.
(h)
Description of street tree planting plan and other landscape plans, if review of such plans by the Planning Commission is desired.
(i)
Statement of other improvements proposed to be made or installed.
(j)
Statement of the time when improvements are proposed to be made or installed.
(k)
Deed restrictions, if any.
(l)
Description and location of community facilities, including schools, parks, playgrounds, shopping center and other facilities, which would serve the proposed subdivision.
(m)
Description of the proposed subdivision, including the number of lots, average and minimum sizes of lots, type of development and any other information which would be useful to the Planning Commission in reviewing the tentative map.
(n)
A statement or preliminary title report describing all rights of way and easements to which the property to be subdivided is subject.
(o)
The names and addresses of all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that the subject of the tentative map.
(p)
If a vesting tentative map is to be filed, it shall be accompanied by such additional information, plans and documents as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary map required by section 7-01-1635 of this Chapter.
(q)
If the subdivider desires that notices, reports and other communications from the Planning Commission, the Board of Supervisors, and other officers and agents of the County be sent to him in care of his engineer, surveyor or other authorized agent, he shall attach to the tentative map a statement to that effect. If such a statement is attached to the tentative map, all notices, reports and communications required under the provisions of this Chapter shall be sent to the subdivider in care of the engineer, surveyor, or other authorized agent named in said statement.
In those cases where there is a likelihood that the subdivision may be disapproved for failure to comply with the requirements of sections 66473.5, 66474 or 66474.5 of the Government Code of the State of California, the subdivider shall file with the tentative map such reports by appropriate experts and such other information as the subdivider desires to submit to show that the subdivision is eligible for approval. The body reviewing the tentative map shall not be bound by the facts and conclusions set forth in such reports and may reach conclusions which differ from those submitted. The body reviewing the tentative map or the Planning and Development Director may request the subdivider to provide additional evidence on any such matter.
(a)
The tentative map shall be accompanied by six (6) copies of a final geological hydrological report prepared by a registered civil engineer or registered geologist.
(b)
If the Planning and Development Director determines that sufficient accurate information is already available with regard to any or all of the matters to be covered in a final geological hydrological report, he may waive a report on such matters.
(c)
The final geological hydrological report shall contain a more definitive evaluation of the factors contained in the preliminary geological hydrological report prepared pursuant to section 7-01-1610 of this Chapter and shall cover the following matters:
(1)
A detailed geological map indicating bedrock, soil, alluvium, faults, sheers, permanent joint systems, seeps or springs, soil or bedrock slumps, landslides and other failures.
(2)
All proposed grading, topographical relief, drainage, geological and soil types, and the effect of proposed grading on the site and adjoining properties.
(3)
Recommendations regarding the solution of possible erosion and sedimentation problems.
(4)
Specific recommendations for the correction of all known or anticipated geological hazards.
(5)
Conclusions regarding the chemical and bacteriological quality of the water source proposed to be used for domestic supply purposes in terms of the current standards set forth in section 7001 et seq. of Title 17 of the California Administrative Code.
(6)
An analysis of the effects of water from rainfall, irrigation, individual sewage disposal systems, or other probable sources from the subdivision and adjoining properties, wherever such water is likely to reduce the subsurface stability or cause erosion.
(7)
An outline of all geological and soil problems, and proposed solutions to these problems, indicating wherever proposed grading or other proposed improvements may adversely or beneficially affect the existing or future stability of the area.
(8)
A comprehensive geological examination of the ground water characteristics of the property.
(9)
If the supply of water for domestic or fire suppression purposes is to be provided by wells, a sufficient number of test wells shall be drilled, or existing wells identified, to permit reasonably accurate estimates regarding the occurrence, availability, and quality of ground water. Any information available to substantiate the quantity and quality of the water, such as a well driller’s log, chemical analysis and pump report, shall be submitted. The Planning and Development Director shall determine the location and required number of test wells. In selecting the lots for test wells, the Planning and Development Director shall require that at least five percent (5%) of the lots be tested and may utilize a table of random numbers to select the lots.
(10)
A map showing the location of all wells in existence or drilled pursuant to paragraph (9) above, including depth to water table and anticipated yields.
(11)
If individual sewage disposal systems are to be used in the subdivision, the report shall include recommendations regarding the location, type and size of such individual systems. Such recommendations shall be based upon the geological and soil analysis included in the report and shall take into consideration the uses allowed under existing or proposed zoning. If a community sewage system is to be used, the report shall also set forth recommendations regarding the disposal of the effluent from the terminal treatment facility and conclusions concerning the effect of such disposal in terms of the current standards of the California Regional Water Quality Control Board for the Central Valley Region.
(d)
The final geological hydrological report, if required, shall serve as a basis for decisions pertaining to adequacy and safety of the water supply, the suitability of soils for subdivision and the suitability of the site with regard to other geological characteristics.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
At the time of filing the final geological hydrological report and any results of percolation tests and soil borings required by section 7-01-1735, the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the review and approval of the report, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Planning and Development Director shall not set a date for the public hearing on the tentative map pursuant to section 7-01-1750 of this Article until the fee for the Health Officer’s review of the final geological hydrological report and any results of percolation tests and soil borings is paid.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
Unless the subdivision is to be served by a sanitary sewer system, the tentative map shall be accompanied by the results of percolation tests and soil borings conducted in the subdivision. Such tests shall be conducted by a State of California registered civil engineer, registered geologist, a registered environmental health specialist, or a certified soil scientist. The report on such tests may be included in the final geological hydrological report prepared pursuant to section 7-01-1725 of this Article. The percolation tests shall be adequate in number to show the absorptive and filtering ability of soils throughout the subdivision. Unless otherwise specified, the test hole depth for percolation tests shall be deeper than the proposed dispersal system bottom depth and within the most restrictive strata of usable soil beneath the dispersal field. The soil borings shall be adequate in number to show the type of soil and ground water level, if existing beneath the absorption area. A high or low percolation rate in conjunction with a steep slope area shall be reported and corrective measures proposed. Such percolation tests and soil borings shall be conducted in accordance with procedures and standards established by the California Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems and California Plumbing Code.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
(a)
In accordance with sections 17953-17957 of the Health and Safety Code and sections 66490-66491 of the Government Code, if the final geological hydrological report prepared pursuant to section 7-01-1725 of this Article indicates the presence of critically expansive or loosely deposited soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each affected lot in the subdivision shall be prepared by a registered civil engineer. The soil investigation shall recommend corrective action which will adequately prevent structural damage to each dwelling proposed to be constructed on such soils. The report of the soil investigation shall be filed with the Planning and Development Director.
(b)
The Planning and Development Director shall review the soil investigation report and, if he or she determines that the recommended corrective action will adequately prevent structural damage to each dwelling to be constructed in the subdivision, he or she shall approve it. If the Planning and Development Director determines that the recommended corrective action will not be adequate, he or she shall notify the person preparing the report of the inadequacies. Until the Planning and Development Director determines that the report, or amended report, contains recommendations that meet with his or her approval, the final subdivision map shall not be approved. All building permits issued for construction of dwellings in the subdivision shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling. Appeal from such determination shall be to the Local Appeals Board established pursuant to section 7-15-1050 of this Code.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18; amended by Ord. No. 3559, effective 6-20-19)
Final action on certain tentative maps will be taken by the Planning Commission and, in other cases, the Planning Commission will act only in an advisory capacity to the Board of Supervisors. The following provisions shall govern which body will take final action on a tentative map:
(a)
If a proposed subdivision is located entirely within an Urban Improvement Boundary or Urban Development Boundary adopted pursuant to the Urban Boundaries Element of the General Plan, the Planning Commission shall approve, conditionally approve or disapprove the tentative map, with a right of appeal as set forth in section 7-01-1795 of this Article.
(b)
If a proposed subdivision is located in an area where no Urban Improvement Boundary or Urban Development Boundary has been established, but the subdivision is located entirely within an Urban Area Boundary, adopted pursuant to the Urban Boundaries Element of the General Plan, the Planning Commission shall approve, conditionally approve or disapprove the tentative map, with a right of appeal as set forth in section 7-01-1795 of this Article.
(d)
For the purpose of determining which body takes final action on a tentative map, the Urban Area Boundaries, Urban Improvement Boundaries and Urban Development Boundaries as they exist at the time of filing the tentative map shall govern and any changes in such Boundaries which take effect after such filing shall be disregarded for the purposes of this section.
(e)
Regardless of the foregoing, if a vesting tentative map is filed for a proposed subdivision, the Planning Commission shall act in an advisory capacity to the Board of Supervisors and the Board of Supervisors shall take final action on the vesting tentative map.
The Planning and Development Director shall set a date for the public hearing on the tentative map by the Planning Commission, which date shall be not less than twenty (20) and not more than fifty (50) days after the date of filing the tentative map, unless the time limit for action on the map is extended by mutual consent of the Planning Commission and the subdivider. Within twenty (20) days after the filing of the tentative map, or such longer period as the Planning Commission may prescribe, the Public Works Director and the County Health Department shall submit to the Commission written reports of their recommendations regarding the proposed subdivision. Failure to submit such reports shall be deemed approval of the tentative map. The Planning and Development Director shall notify each public and private agency to which copies of the tentative map are transmitted of the date set for consideration of the map by the Planning Commission, in order that such agencies may submit reports on the tentative map to the Commission. Prior to the date set for the hearing on the tentative map, the Planning and Development Director shall prepare a written report of his recommendations regarding the proposed subdivision. Copies of all reports or recommendations on the tentative map which are submitted to the Planning Commission shall be submitted to the subdivider by the Planning and Development Director in accordance with the Subdivision Map Act, unless waived by the subdivider.
(a)
If a school district in which the proposed subdivision is located has made the findings specified in section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with sections 7-21-1020 and 7-21-1040 of this Code, the Planning Commission shall not approve the tentative maps without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval.
(b)
For those tentative maps on which the Board of Supervisors takes final action, the Planning and Development Director shall, when the conditions set forth in subsection (a) of this section are applicable, so notify the Board of Supervisors in order that the Board may find that the fees are required, and impose such fees as a condition of approval.
At least ten (10) days prior to the hearing before the Planning Commission on the tentative map, the Planning and Development Director shall publish and give notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California.
(a)
The Planning Commission shall hold its public hearing on the tentative map at the time specified and in compliance with the requirements of the Subdivision Map Act and this Chapter.
(b)
In those cases in which the Planning Commission takes final action on the tentative map, as set forth in section 7-01-1745 of this Article, the Planning Commission shall file a report of such final action with the subdivider.
(c)
In those cases in which the Planning Commission acts only as an advisory body, and the Board of Supervisors takes final action on the tentative map, the Planning Commission shall send to the Board of Supervisors and the subdivider its report and recommendations with regard to the tentative map.
(d)
Regardless of whether the Planning Commission takes final action on the tentative map or acts in an advisory capacity, it shall send copies of its report to the Public Works Director, the County Health Department, and each public and private agency to which a copy of the tentative map was transmitted.
At the time of action on the tentative map, the body taking final action on the tentative map shall attempt to negotiate an agreement with the subdivider for the construction of required offsite and onsite improvements in a designated remainder parcel in accordance with section 66424.6 of the Government Code of the State of California. If such an agreement cannot be reached, the body taking final action on the tentative map may nonetheless determine that such improvements are to be required within a reasonable time following approval of the final map on the grounds specified in said section 66424.6.
When the construction of an offsite improvement or an improvement which serves property within the subdivision as well as the remainder parcel is being deferred, the body taking final action on the tentative map may require the subdivider to enter into an agreement with the County of the same type which is authorized in section 7-01-2320(c) of this Chapter for parcel maps.
For those tentative maps on which the Planning Commission takes final action, the Planning Commission is hereby assigned the responsibility to take action on a tentative map on the grounds set forth in sections 66473.5, 66474, 66474.01, 66474.4 and 66764.6 of the Government Code of the State of California.
In determining whether to approve or disapprove a tentative map, the body taking final action on the tentative map shall determine if the siting criteria for specified hazardous waste facilities established in sections 7.2 and 7.3 of the Tulare County Hazardous Waste Management Plan are applicable to the subdivision. If the siting criteria are applicable, the tentative map shall not be approved unless the body taking final action finds, based upon substantial evidence in the record, that the subdivision is consistent with said siting criteria.
Pursuant to section 66473 of the Government Code of the State of California, the body taking final action on the tentative map shall not disapprove a tentative map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if the body determines that the failure of the map is a result of a technical and inadvertent error which does not, in the determination of said body, materially affect the validity of the tentative map. A decision by the Planning Commission on such a matter, when the Planning Commission is the body taking final action on the tentative map, is subject to an appeal to the Board of Supervisors pursuant to section 7-01-1795 of this Article.
(a)
Except as herein provided, all appeals regarding tentative subdivision maps shall be subject to the provisions of section 165 of this Ordinance Code.
(b)
In accordance with section 66452.5 of the Government Code of the State of California, a subdivider or any other interested person adversely affected by a decision of the Planning Commission, when the Planning Commission has taken final action on the tentative map, may appeal to the Board of Supervisors. No appeal may be filed when the Planning Commission’s action is only advisory to the Board of Supervisors. Such an appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Planning Commission from which the appeal is being taken. The action of the Commission shall be final unless such an appeal is filed within said ten (10) day period.
(c)
Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. The Clerk of the Board of Supervisors shall notify the appellant, the subdivider if he or she is not the appellant, and the Planning and Development Director of the time set for the hearing. Notice of the hearing shall also be given by the Clerk of the Board of Supervisors in the same manner as that required for hearing before the Planning Commission.
(d)
Following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal within the time provided in section 66452.2 of the Government Code of the State of California. The decision shall comply with the provisions of sections 66473, 66473.5 and 66474 of the Government Code and shall include any findings required by such sections, and such other findings as are appropriate. The Board of Supervisors may sustain, modify, reject or overrule any rulings of the Planning Commission.
The time limits for an approved or conditionally approved tentative map shall be the same as set forth in section 66452.6(a) of the Government Code of the State of California; provided that the provisions of said section 66452.6(a), as amended by Chapter 482 of the Statutes of 1981, shall also apply to any tentative subdivision map approved prior to January 1, 1982, which has not expired by action of law prior to such date.
The initial time limits for the rights conferred by an approved vesting tentative map as provided by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California shall be the same as set forth in section 7-01-1800 for approved tentative maps. This initial time limit may be extended in the manner provided for approved tentative maps in section 7-01-1810 of this Chapter, but in no case shall exceed one (1) year beyond the recording of the final map unless more time is authorized pursuant to subdivisions (g) and (h) of section 66452.6 of the Government Code.
If the subdivider requests an extension of time for the expiration of an approved tentative map, pursuant to section 66452.6 of the Government Code of the State of California, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director to defray the expenses incidental to processing the request.
When a suit has been filed involving an approved tentative map, an application for a stay of the time period for filing a final map shall be processed in accordance with the procedure for granting an extension of time under subsection (e) of section 66452.6 of the Government Code of the State of California and shall be subject to the fee specified in section 7-01-1810 of this Article.