Chapter 13.40
PRELIMINARY MAPS AND TENTATIVE MAPS
Sections:
13.40.020 Preliminary map – Form and contents.
13.40.030 Acceptance of tentative map as preliminary map.
13.40.040 Tentative map – Form.
13.40.050 Tentative map – Contents.
13.40.060 Preliminary soils report.
13.40.070 Tentative map – Filing and processing.
13.40.080 Tentative map – Consideration by planning commission.
13.40.110 Tentative map – Additional requirements after approval.
13.40.120 Amendment of tentative map.
13.40.130 Commencement of work without approval prohibited.
13.40.010 Procedure.
(1) Prior to filing any tentative map, the subdivider shall confer with the city engineer regarding his contemplated subdivision and shall inform himself regarding the requirements of this chapter. The subdivider shall thereupon file with the city engineer not less than eight copies of the tentative map of each proposed subdivision and shall pay a filing fee to the city clerk.
(2) The tentative map shall comply with all of the provisions of BMC 13.40.020 through 13.40.040.
(3) The city engineer shall within 10 days after the filing of the tentative map do the following:
(a) Examine the map and the statements attached thereto for compliance with the provisions hereof regarding road alignment, grades, drainage, and improvements. He shall at such time prepare a written report concerning the same, together with such recommendations as he shall deem appropriate.
(b) Deliver a copy of said map, together with his written report thereof to the planning commission. He shall also deliver a copy of said map to any city, county or state official entitled by law to review the same.
(4) At its next regular meeting, occurring more than 15 days after the filing of the tentative map or any revision thereof with the city engineer, or a lesser period of time at the discretion of the planning commission, the planning commission shall determine whether the tentative map is in accordance with the provisions of law and of this title and shall thereupon approve, conditionally approve or disapprove the map or it may conditionally reject, subject to revision, such map. In the case of conditional rejection, the subdivider may submit a revised map without additional filing fee within a period of 60 days after such conditional rejection, which period may be extended, for good cause by the planning commission. In the event the subdivider shall fail to submit a revised map within said 60 days, or any extension thereof, the planning commission shall enter an order specifically disapproving the map so conditionally rejected. In the event the planning commission shall disapprove the tentative map no further action shall be taken thereon except after public hearing thereon in the manner provided by said Subdivision Map Act. A new tentative map may be filed for the same area, or a portion thereof, at any time after rejection by payment of a new filling fee.
(5) The subdivider shall not proceed with the construction of any improvements until the tentative map or any revision thereof has been approved by the planning commission hereinabove set forth. [Ord. 410 § 3, 2017]
13.40.020 Preliminary map – Form and contents.
(1) A preliminary map shall be prepared for the total area of any proposed subdivision which will be developed in two or more units.
(2) The dimensions, scale and content of the preliminary map shall show in reasonable detail the following:
(a) Street and lot pattern and land uses proposed;
(b) Topography and drainage, watercourses, drainage features and areas subject to inundation or flooding;
(c) Geology, soil types and vegetation;
(d) Proposed water supply, sewerage and fire protection;
(e) Proposed street sections and improvements;
(f) Other features required to adequately represent the total plan of development. [Ord. 410 § 3, 2017]
13.40.030 Acceptance of tentative map as preliminary map.
The city engineer may accept a tentative map as a preliminary map, subject to all other provisions of this title. [Ord. 410 § 3, 2017]
13.40.040 Tentative map – Form.
Tentative maps shall be 18 by 26 inches in size, with a one-inch clear border, and to a scale of not less than one inch equals 100 feet. [Ord. 410 § 3, 2017]
13.40.050 Tentative map – Contents.
(1) The following information shall be shown on each tentative map:
(a) A site location sketch indicating the location of the property to be divided in relation to the surrounding area;
(b) A tract number issued by the county surveyor, date, north arrow, scale and sufficient description to define the location and boundaries of the proposed tract;
(c) Name and address of record owner or owners of the property to be divided, and statement of authorization to subdivide;
(d) Name and address of the subdivider;
(e) Name, business address and registration number of the civil engineer or land surveyor who prepared the map;
(f) The locations, names or other approved identification, widths, approximate grade and curve radii of all streets, highways and ways within the property and immediate vicinity;
(g) Contour lines having an interval of two feet, supplemented by spot elevations when the distance between contour lines exceeds 100 feet. Elevations shall be based upon city datum;
(h) The location, character and identification of all existing public utility facilities on the property or on adjoining properties and on contiguous streets, and the locations and widths of all existing and proposed easements;
(i) Arrangement and configuration of lots, with approximate dimensions of each lot. Each lot shall be numbered, and proposed setbacks shall be shown;
(j) A preliminary grading plan, designed to control erosion and prevent sedimentation or damage to off-site property;
(k) The outline of any existing buildings, identification of those to remain in place, and their locations relative to existing or proposed streets or lot boundaries;
(l) Approximate location and species of trees or groups of trees on the property, and general identification of those to be removed;
(m) Approximate location of existing and proposed drainage control features and bodies of water, all areas which are subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses;
(n) Approximate locations of existing wells and sewage disposal systems, and of test wells, percolation test holes and staked or flagged reference points for use by appropriate public agencies for field check purposes;
(o) The location, identification and description of known or found survey monuments on or adjacent to the property;
(p) The names of owners of adjacent properties.
(2) The following statements shall either appear on the tentative map or shall be submitted in written form with the map, except for any of such items which the city engineer determines are not necessary to be filed with any particular tentative map:
(a) A statement from all parties having any record title interest in the real property proposed to be subdivided, consenting to the proposed subdivision;
(b) The existing use or uses of the property;
(c) The proposed use of the property. If the property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use shall be described in a statement and shown on the tentative map;
(d) Descriptive information on the following:
(i) Proposed drainage channel changes and flood control measures,
(ii) Proposed domestic water supply and sewage disposal systems,
(iii) Proposed street, surface drainage, grading, fire protection and other improvements, with descriptive drawings where appropriate,
(iv) Proposed utility service for electrical, gas and communication systems, including the name and address of the serving utility company or agency.
(3) The following documents shall be submitted with each tentative map, except for any which the committee determines are not necessary to be filed with any particular tentative map:
(a) A preliminary title report for the real property proposed for subdivision;
(b) A copy of any condition or any restrictive reservations or covenants, existing or proposed;
(c) A letter setting forth and describing the reasons for any requested exceptions to provisions of this title, and an application for any requested rezoning, use permit or variance which may be necessary to permit proposed uses of land and structures. [Ord. 410 § 3, 2017]
13.40.060 Preliminary soils report.
A preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, shall be submitted for each proposed subdivision, subject to the following provisions:
(1) The city engineer may waive the requirement for a preliminary soils report if it determines that sufficient knowledge of the soils in the proposed subdivision exists.
(2)(a) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the planning commission.
(b) Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
(c) The planning commission may approve the subdivision or portion thereof where such soils problem exists.
(d) The planning commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and, as a condition to the issuance of any building permit, may require that the approved recommended action be incorporated in the construction of each structure. [Ord. 410 § 3, 2017]
13.40.070 Tentative map – Filing and processing.
(1) Eight prints of a tentative map for subdivisions that require a final map or eight prints of a tentative map for subdivision that will not require a final map and a subdividers statement shall be submitted to the city clerk together with such other required documents.
(2) Upon the submittal of such a tentative map and accompanying documents, the city clerk shall transmit copies of the map and pertinent documents to the following: health department, recreation department, fire department, superintendent of schools, State Real Estate Commission, State Department of Transportation, utility companies and such other officials or agencies as the city clerk may determine have an interest therein.
(3) The city clerk shall set for public hearing before the next regularly scheduled planning commission meeting those tentative maps for all subdivisions which will not require a final map.
(4) Twenty days shall be allowed for the various agencies, departments and officials to review the tentative map and related documents and report in writing, through the committee, to the planning commission, stating whether or not the map and documents are in conformity with the requirements of this title and other applicable provisions of law and/or with the standards and requirements of such agency, or what measures will be necessary to accomplish such conformity. A copy of such written report shall be mailed or otherwise delivered to the subdivider prior to planning commission action on the tentative map.
(5) A tentative map shall be considered officially filed, and shall be so endorsed and dated by the city clerk, at such time as the map and all related notations, statements and reports required by this title have been submitted to, processed, and found to be in complete and proper form, all required fees have been paid, and the Environmental Quality Act and the city guidelines has been completed.
(6) Within 10 days from the date of official filing of a tentative map, the city planner shall prepare a report thereon and the city clerk shall place the item for consideration of the map on the agenda of the next planning commission meeting. [Ord. 410 § 3, 2017]
13.40.080 Tentative map – Consideration by planning commission.
(1) The planning commission shall consider each tentative map with accompanying statements and documents, the committee report, related department and agency reports to determine whether the map conforms with the provisions of the law, this title, with the then existing general and specific plan standards and proposals and being consistent with good planning and engineering practice.
(2) The planning commission will conduct a public hearing on tentative maps for all subdivisions which will not require a final map. Such planning commission hearings shall be after 10 days’ published notice. The planning commission shall consider all and any comments made at the public hearing.
(3) The planning commission shall consider also such measures as will promote and protect the public health, safety, comfort, convenience and general welfare, and the environmental values and other assets and conditions making for excellence of residential, commercial, industrial, recreational and other developments.
(4) The planning commission may require that sites be dedicated or reserved, or fees paid in lieu of such dedication or reservation, for parks, schools, recreation areas, access to public facilities, or other public uses, as permitted or required by the Subdivision Map Act.
(5) The planning commission may require a waiver of rights of direct access to any existing or proposed street or highway. [Ord. 410 § 3, 2017]
13.40.090 Tentative maps for subdivisions which do not require a final map – Action by planning commission.
(1) Within 50 days of the date on which the tentative map which does not require a final map is officially filed and dated in the office of the city clerk; provided, that such time limit has not been extended by mutual consent of the subdivider, and the planning commission, the planning commission shall conduct a public hearing and upon the basis of consideration and finding set forth in this chapter approve, conditionally approve or disapprove such tentative map.
(2) Planning commission action on a tentative map for a subdivision which does not require a final map becomes final if no appeal is taken as provided for in this title. [Ord. 410 § 3, 2017]
13.40.100 Tentative maps for subdivision which require a final map – Action by planning commission and city council.
(1) Within 50 days of the date on which a tentative map for a subdivision which requires a final map is officially filed and dated in the office of the city clerk and unless such time limit has been extended by the consent of subdivider and the planning commission, the planning commission shall upon the basis and consideration of all the findings set forth in this chapter either recommend approval, conditional approval or disapproval for such tentative map. Such recommendation shall within 10 days be reported in writing to the city council and the subdivider.
(2) Within 30 days of receipt of such planning commission recommendations, the city council shall approve, conditionally approve or disapprove the tentative map, and within 10 days of such action shall give written notice thereof to the planning commission and the subdivider.
(3) Action on a tentative map by the city council shall be final. [Ord. 410 § 3, 2017]
13.40.110 Tentative map – Additional requirements after approval.
Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to such approval, and shall cause to be prepared and submitted to the city engineer the plans, specifications and other information related to subdivision improvements in accordance with the land division standards. [Ord. 410 § 3, 2017]
13.40.120 Amendment of tentative map.
An approved tentative map may be amended by following the same filing and processing requirements as required by BMC 13.40.070 through 13.40.110. Filing fee for an amended tentative map shall be charged in an amount established by resolution of the city council. [Ord. 410 § 3, 2017]
13.40.130 Commencement of work without approval prohibited.
No work on any permanent structure, or on any subdivision improvements on any subdivision site shall be commenced without the approval and authorization of the city engineer, and no work on the site which is in conflict with the approved tentative map shall be permitted. [Ord. 410 § 3, 2017]