Chapter 17.06
TENTATIVE MAPS – FOR FINAL MAPS
Sections:
17.06.020 Tentative map required.
17.06.030 Informal staff review.
17.06.040 Submission of tentative map application.
17.06.050 Preparation and form of tentative map.
17.06.060 Information on tentative map.
17.06.070 Filing of tentative map application.
17.06.080 Tentative map process.
17.06.090 Withdrawal of tentative map.
17.06.100 Tentative map revision.
17.06.110 Expiration – Extensions for phased maps and maps under development agreement.
17.06.120 Time extensions for tentative maps.
17.06.010 Purpose.
The purpose of this chapter is to establish the City regulations, standards and procedures for consideration of tentative subdivision map applications for subdivisions of five (5) or more parcels when the preparation and approval of a tentative map is required by DMC 17.03.020. It should be recognized that other agencies may also have regulations, standards and procedures which apply to subdivision maps. [Ord. 09-026.]
17.06.020 Tentative map required.
For every subdivision of five (5) or more parcels, and when required by DMC 17.03.020, the subdivider shall file with the City a tentative map prepared in accordance with the provisions of this chapter. [Ord. 09-026.]
17.06.030 Informal staff review.
A. Preliminary Design Plan. A subdivider may present a preliminary design plan for informal staff review before filing the tentative map application. The preliminary design plan shall, at a minimum, include the following information:
1. Street layout indicating location and type;
2. Basic lot design and size;
3. Land use;
4. Existing natural and manmade features on and adjacent to the site;
5. Existing and proposed topography on and adjacent to the site;
6. Existing and proposed utilities and easements.
B. Within thirty (30) days of the filing of the preliminary design plan for informal staff review, the staff review of the plan shall be undertaken in an effort to determine if the preliminary design plan complies with the following:
1. The City General Plan;
2. Any applicable specific plans;
3. Dixon zoning ordinance;
4. Adopted public improvement standards;
5. Other applicable standards and regulations.
The determination(s) made in staff review pursuant to this section are preliminary in nature, and are neither binding nor appealable.
C. A subdivider may not request informal staff review of a preliminary design and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for informal staff review of a preliminary design at any time and thereafter file an application for a tentative map.
D. A fee, prescribed by Council resolution, shall be required for informal staff review of all preliminary design plans. [Ord. 09-026.]
17.06.040 Submission of tentative map application.
A subdivider seeking approval of a tentative map for a subdivision for a future final map shall file an application for tentative map approval consistent with the requirements of this title. The application shall consist of the following elements:
A. A tentative map, consistent with the requirements of DMC 17.06.050 and 17.06.060.
B. A completed City application packet, including an environmental checklist.
C. Additional Reports, Plans and Data. The following drawings, statements and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:
1. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider’s ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.
2. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.
3. A preliminary soil investigation and geological reconnaissance report by a registered civil engineer specializing and recognized in soil mechanics and foundation engineering for every subdivision for which a final map is required. Submission of this preliminary report may be waived by the City Engineer if soil conditions in the proposed subdivision are known to him or her.
If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer as a condition precedent to consideration of the tentative map by the approving authority. The soils investigation shall be done in the manner provided in Section 66491 of the Subdivision Map Act.
4. A preliminary grading plan. Submission of the preliminary plan may be waived by the City Engineer when he or she determines, after consultation with the Community Development Director, that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the proposed subdivision.
5. Applications for any modification that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of Chapter 17.13 DMC, Subdivision Modifications.
6. A current preliminary report issued by a title company within thirty (30) days of the application date for the lands proposed to be subdivided, together with copies of the recorded documents shown as exceptions in the report.
7. A statement and all approved documentation reflecting the status of any “Williamson Act” restrictions upon all or any part of the land to be subdivided.
8. A description of the manner in which the land to be subdivided will be provided with water supply, sanitary disposal facilities and storm drainage facilities, including but not limited to proposals for assisting the City in financing temporary or permanent improvements needed for water supply, sanitary disposal facilities and storm drainage facilities needed to serve the land to be subdivided.
9. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirements.
10. One (1) set of mailing labels for the parcels receiving mailed notice as required by DMC 17.06.080(F), which is prepared by a title company utilizing parcel ownership information obtained by it from the latest equalized tax roll from the Solano County Assessor.
11. With respect to tentative maps for residential condominium conversion projects, a conditional use permit for such conversion project approved pursuant to the zoning ordinance of the City of Dixon. The Community Development Director may waive this requirement if at the time of the filing of the tentative map the subdivider, in writing, irrevocably offers to the Commission and Council to extend the time limits specified in the Subdivision Map Act for reporting and acting upon the tentative map by said bodies. The extension shall be for such periods of time as are reasonably necessary to permit the processing, review, and final action on the conditional use permit concurrently with the tentative map.
12. One (1) of the following as required by the City Engineer: a signed certification from a civil engineer or licensed architect, registered in the State of California, that the tentative map has been evaluated for compliance with Attachment 4 of California State Water Resources Control Board’s Water Quality Order No. 2003-005-DWQ, as may be amended, supplemented or superseded; a statement of best management practices that have been incorporated into the tentative map layout; or a statement of eligible best management practices which will be evaluated for inclusion in any subsequent land use approvals including design review.
13. Statements disclosing whether the proposed subdivision will be required to comply with State statutes relating to hazardous materials and other substances, as required by Cal. Gov’t Code §§ 65850.2, 65962.5(d), and 65962.5(f).
14. If conversion of a mobile home park is involved, submit a report as required under Cal. Gov’t Code § 66427.4.
D. A fee, as prescribed by Council resolution, shall be required for consideration of all tentative map applications. [Ord. 09-026.]
17.06.050 Preparation and form of tentative map.
The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one (1) inch equals one hundred (100) feet. If necessary to provide the proper scale, more than one (1) sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed forty-two (42) inches in length and thirty (30) inches in width.
The City Engineer may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a registered civil engineer or licensed land surveyor if the tentative map submitted is clearly and legibly drawn, drawn to scale, and satisfies the requirements of DMC 17.06.040 and 17.06.060. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal. [Ord. 09-026.]
17.06.060 Information on tentative map.
The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:
A. Proposed subdivision name, if any.
B. Names, addresses and telephone numbers of the record owner(s) and subdivider of the land.
C. Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number.
D. Date of preparation, north point and scale of the map. If based on a survey, the date of the survey.
E. Boundaries of the subdivision with sufficient information to locate the property.
F. Subdivision name of adjacent subdivisions, if any, and property lines and assessor parcel numbers sufficient to show their relationship to the proposed subdivision.
G. Existing and proposed contour lines at intervals of not more than one (1) foot unless waived prior to submission by the City Engineer. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage or other conditions on surrounding property which may affect the subdivision. The topographic survey shall not be waived in areas within the one hundred (100) year flood hazard boundary as shown on the most current Flood Insurance Rate Map (FIRM) of the Federal Emergency Management Agency.
H. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known.
I. The location of all railroad rights-of-way and grade crossings; approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property.
J. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed.
K. The location and width of proposed building setback lines.
L. The locations of existing utilities in and adjacent to the subdivision; the size and invert elevation of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal.
M. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and directions of flow of all watercourses and flood control channels within and adjacent to the property involved; and the proposed method of providing storm water, drainage and erosion control. In areas subject to one hundred (100) year flood hazard, base flood elevation and floodway boundary shall be indicated.
N. The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrian-ways, and other rights-of-way, whether public or private, within and adjacent to the subdivision; the radius of each center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision.
O. The locations, widths and description by recorder’s book and page number (or document number) of all existing private or public easements of record.
P. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot.
Q. The total area in square footage or acreage to the nearest one-tenth (0.1) acre of each lot proposed to be utilized for other than single-family or two (2) family housing.
R. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation purposes, it shall be so designated.
S. Any modification being requested in accordance with the requirements of Chapter 17.13 DMC, Subdivision Modifications, which is shown on the tentative map shall be clearly labeled and identified as to nature and purpose.
T. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivider shall give notice of its intent to do so and shall suggest terms and conditions, for inclusion in an agreement with the City, to ensure that the phased filing of maps provides for the logical and orderly development of improvements required to serve all possible phases of the subdivision. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps.
U. Access to publicly owned lake or reservoir where required under Section 66478.12 of the Subdivision Map Act.
V. Easements along a public waterway provided by the subdivider under Section 66478.5 of the Subdivision Map Act must be shown. [Ord. 09-026.]
17.06.070 Filing of tentative map application.
The subdivider shall file with the Community Development Department the tentative map application and twenty (20) additional copies thereof, or such additional number of copies as specified by the Community Development Director. A tentative map application shall not be considered as having been filed with the clerk of the Commission unless and until it complies with all provisions of this chapter, and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the Community Development Director. [Ord. 09-026.]
17.06.080 Tentative map process.
The process to be followed for all tentative maps for future final maps is as follows:
A. Within thirty (30) days of receiving a tentative map application, the Community Development Department shall in writing inform the applicant whether the application is complete and accepted for filing with the clerk of the Commission. If incomplete, the Community Development Department shall advise the applicant as to the deficiencies in the application.
B. Within ten (10) days after an application has been found to be complete and accepted for filing with the clerk of the Commission, the Community Development Director shall submit the application to staff review and shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map to such other public agencies or private parties as the Director determines may be affected by the proposed subdivision for report and recommendation to the Commission.
C. Upon completion of staff review, the Community Development Director shall prepare a written report to the Commission on the proposed tentative map. The report shall include the determinations and recommendations, if any, made in staff review concerning the conformance of the tentative map to the standards, rules and regulations of this title, and to the requirements of all applicable specific plans and ordinances of the City. The Director, based upon staff review, shall also advise the Commission in said report of the requirements and recommendations, if any, of other public agencies and private parties affected by the proposed subdivision.
D. Once a tentative map has been filed with the clerk of the Commission, it shall be set for hearing by the Commission. The hearing shall be set for a date which will permit the Commission to deliver its written report on the tentative map to the Council within the later of either: (1) fifty (50) days from the date that the tentative map has been filed with the clerk of the Commission, or (2) fifty (50) days from the date of: (a) certification by the Council of the EIR for the project which includes the proposed subdivision, or (b) the adoption of a negative declaration by the Council for said project, or (c) a determination by the Council that the project is exempt from the requirements of CEQA.
E. A copy of the Community Development Director’s written report shall be provided to the Commission and shall also be provided to the subdivider at least three (3) calendar days prior to date of the public hearing.
F. Notice of Commission hearing shall be given by the clerk of the Commission as required by Cal. Gov’t Code §§ 65090 and 65091.
G. In addition, the Community Development Director shall give notice of the Commission hearing by mail or delivery to the subdivider and, in the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the Community Development Director shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll.
H. Notice of the Commission hearing shall be given by the clerk of the Commission by mail or personal delivery to any person who has filed a written request with the City Clerk to receive such notice. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.
I. The clerk of the Commission shall also give notice of the hearing by mail or delivery to each private or public agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subdivision, whose ability to provide those facilities and services may be significantly affected. A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act and any applicable requirements of the zoning ordinance.
J. The Community Development Director may give such other notice that he or she deems necessary or advisable. All notices authorized or required to be given by mail shall be given by depositing the notice with postage prepaid with the U.S. Postal Service in Dixon, California, not less than ten (10) calendar days before the date of the hearing for which the notice is being given.
K. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.
L. At the conclusion of the public hearing, the Commission shall recommend approval, conditional approval or denial of the tentative map, and shall make its written report to the Council within fifty (50) days of the later of the date when the tentative map was filed with the clerk of the Commission or such later date as is provided in subsection D of this section.
M. The written report may include recommendations to the Council on the proposed conditions and findings on the tentative maps provided to it by the Community Development Director prior to the hearing.
N. At the next regular meeting of the Council following the filing of the Commission’s report with it, the Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty (30) days. Notice of such hearing shall be given by the City Clerk pursuant to Cal. Gov’t Code §§ 65090 and 65091. The City Council may, by resolution, authorize the City Clerk to fix such hearing dates on behalf of the City Council and without the prior approval of said dates by the Council.
O. After conducting said hearing, the Council shall approve, conditionally approve, or disapprove the tentative map within that thirty (30) day period.
P. The tentative map may be approved or conditionally approved by the Council 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, any applicable development agreement, the requirements of the zoning ordinance and all applicable provisions of this title. The Council, in consultation with the City Engineer, shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality control board pursuant to Cal. Water Code Division 7 (commencing with Cal. Water Code § 13000). In the event that the Council and City Engineer find that the proposed waste discharge would result in or add to violation of requirements of such board, the Council may disapprove the tentative map.
Q. To the extent permitted by law, ordinance or resolution, the Council may require, as a condition of approval of the tentative map, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.
R. Each tentative map shall conform with the requirements of the General Plan, any applicable specific plan, any applicable development agreement, and zoning designation of the property; provided, that where an amendment to the General Plan or the applicable specific plan or a change in zoning is also being requested as part of the development project for which the tentative map is sought, and the tentative map will be consistent with the General Plan, specific plan or zoning if the Council approves such amendment or change, the tentative map may be recommended for approval, subject to inclusion of a condition on the tentative map requiring approval of the General Plan or specific or community plan amendment or zone change prior to recordation of the final map.
S. The Council may modify or delete any of the conditions of approval recommended in the Commission’s report. The Council may add additional requirements as a condition of its approval.
T. In reaching a decision upon the tentative map, the Council 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. Except as provided otherwise by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the tentative map.
U. The tentative map may be denied by the Council on any of the grounds provided by the Subdivision Map Act or this title. Except as otherwise required by State or Federal law, the 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;
4. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
5. That the design of the subdivision or the type of improvements is 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 through or use of property within the proposed subdivision. In this connection, the Commission may recommend approval of 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 Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Cal. Gov’t Code § 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use (Cal. Gov’t Code § 66474).
V. The subdivider or any interested person adversely affected may appeal any action approving, conditionally approving or denying a tentative map in accordance with the procedures provided in DMC 17.01.050. [Ord. 09-026.]
17.06.090 Withdrawal of tentative map.
Requests for withdrawal of any tentative map shall be submitted to the Community Development Director in writing unless made at a public hearing on the tentative map. [Ord. 09-026.]
17.06.100 Tentative map revision.
Any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of this title in effect at the time such revised map is filed, including any changes in street or other standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps. [Ord. 09-026.]
17.06.110 Expiration – Extensions for phased maps and maps under development agreement.
The approval or conditional approval of a tentative map shall expire twenty-four (24) months from its approval, unless the expiration date is extended in accordance with the provisions of DMC 17.06.120. However, if the filing of multiple final maps is authorized pursuant to DMC 17.07.120 and the subdivider is required to spend one hundred twenty-five thousand dollars ($125,000.00) (as periodically adjusted in accordance with Section 66452.6(a) of the Subdivision Map Act) or more to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by Cal. Gov’t Code § 65864 et seq., then each filing of a final map shall, without further action of the City, extend the expiration date in accordance with provisions of Section 66452.6(a) of the Subdivision Map Act.
The amount of one hundred twenty-five thousand dollars ($125,000.00) has previously been increased and shall continue to be increased as provided in Section 66452.6(a) of the Subdivision Map Act by the Registrar of Contractors according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The adjustments by the Registrar of Contractors shall be effective on the first day of the month occurring more than thirty (30) calendar days after the Registrar makes that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
“Public improvements,” as used in this section, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
The applicable adjusted dollar amount of off-site public improvements which will qualify the phased tentative map for automatic extensions under provisions of Section 66452.6(a) of the Subdivision Map Act, as determined from time to time by the Registrar of Contractors, shall be provided to the approving authority by the City Engineer and approved by the approving authority at the time of approval of the tentative map as a condition of approval. Such approved determination, if made, shall be subject to appeal under the procedures provided in DMC 17.01.050. [Ord. 09-026.]
17.06.120 Time extensions for tentative maps.
A. Request by Subdivider. For any tentative map which expires in twenty-four (24) months and which expiration date is not automatically extended under the provisions of the Subdivision Map Act, a subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Community Development Department. The application shall be filed prior to the expiration date of the approved or conditionally approved tentative map, and shall state the reasons for requesting the extension.
B. Approving Authority Hearing and Action.
1. Notice. The Community Development Director shall prepare a report with the recommendation on the application for an extension, and shall set the matter for hearing before the approving authority at a regularly scheduled meeting. The matter shall be noticed in the same manner as a tentative map application, as specified in DMC 17.06.080.
2. Action by the Approving Authority. The approving authority may approve, conditionally approve, or deny the application for an extension of the expiration date, and shall make findings supporting the decision.
C. Time Limit of Extension. The time at which the tentative map expires may be extended for a period not exceeding the maximum allowed per the Subdivision Map Act or for such lesser periods as may be determined to be appropriate by the approving authority.
D. Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the Commission approving, conditionally approving or disapproving a requested extension in accordance with the procedures provided in DMC 17.01.050. [Ord. 09-026.]