Chapter 11-5 SUBDIVISION MAPS

Prior to the filing of an application for a tentative map, the subdivider may submit, or be required to submit, plans and data related to the design, layout, grading, existing noise levels, and other features proposed for the development as required by the Planning Department or Engineering Department. The appropriate department shall advise, in writing, of any comments it desires to make and any changes to the proposed plan it deems appropriate as a result of its preliminary review. Upon the receipt of the comments, the subdivider shall cause to be prepared a tentative map pursuant to the provisions of this title. The tentative map may be submitted in lieu of a preliminary map.

Article 2. Tentative Maps

11-5-201 General.

The form and contents and submittal and approval of tentative maps shall be governed by the provisions of this article.

11-5-202 Form and contents.

The tentative map shall be prepared in a manner acceptable to the Planning Department. The tentative map shall be filed with the Planning Department at least thirty (30) days prior to the meeting of the Planning Commission at which consideration is desired. The tentative map shall be clearly and legibly drawn on one (1) sheet, eighteen (18") inches by twenty-six (26") inches minimum, with a scale of one (1") inch equals one hundred (100') feet, or larger, and contain not less than the following:

(a) A title which shall contain the subdivision number, subdivision name, and type of subdivision;

(b) The name, address, and telephone number of the legal owner, subdivider, and person preparing the map, including a registration or license number;

(c) Sufficient legal description to define the boundaries of the proposed subdivision and to locate any and all City limit boundaries;

(d) The date, north arrow, scale, contour interval, and source and date of existing contours;

(e) The existing and proposed land uses;

(f) A vicinity map showing the roads, adjoining subdivisions, canals, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

(g) The existing and proposed street names are subject to the following criteria:

(1) The application for street name approval shall be submitted at the time of the tentative map submittal.

(2) Similar sounding street names with different spellings will not be approved.

(3) Duplication of existing street names, hard to pronounce street names, difficult spellings, gang references, or other street names determined to pose a risk to public safety shall not be approved.

(4) Special characters such as hyphens, dashes, or apostrophes shall not be used.

(5) Street names in a foreign language will only be approved if the name is easy to pronounce and the meaning does not pose a risk to public safety.

(6) All cul-de-sacs that extend an existing street shall use the existing street name, including the suffix.

(7) Once a street name has been assigned to an alignment, neither the street name nor the suffix shall change along the extension of the alignment.

(8) When two (2) cul-de-sacs approach each other from opposite directions and are in the same alignment but do not join in any manner, different street names shall be assigned.

(9) When a street alignment changes its cardinal direction, the street name shall also change.

(10) In the event that questions arise as to the appropriate street name assigned to the alignment or segment of a street, the Community Development Director shall decide the question;

(h) The existing topography of the proposed site and sufficient distance beyond its boundary, including, but not limited to:

(1) Existing contours or elevations of the existing ground slope and the source and date of preparation of existing elevation measurements;

(2) Any trees identified as heritage trees pursuant to Chapter 7-7 TMC;

(3) The approximate location and outline of existing structures identified by type. Structures to remain shall be so marked;

(4) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;

(5) The location, pavement and right-of-way widths, grades, and names of existing streets or highways;

(6) The widths, location, and identity of all existing easements;

(7) The location and size of existing sanitary sewers, water mains, storm drains, fire hydrants, and street lights; the approximate slope of existing sewers and storm drains; and the location of existing overhead utility lines on peripheral streets; and

(8) The approximate location of the sixty (60), sixty-five (65), and seventy (70) CNEL (community noise equivalent level) contours as indicated in the Noise Element of the adopted General Plan;

(i) The proposed improvements, including, but not limited to:

(1) The location, grade, center line radius, and arc length of curves, pavement, right-of-way widths, and names of all streets;

(2) The location and radius of all curb returns and cul-de-sacs;

(3) The location, width, and purpose of all easements;

(4) The angle of intersecting streets if such angle deviates from a right angle by more than ten (10) degrees;

(5) The approximate lot layout and approximate dimensions of each lot and of each building site, with energy conservation considerations for future passive or natural heating or cooling opportunities as in the General Plan and the Subdivision Map Act;

(6) The proposed grading plan with engineering data which shall show the preliminary design of all grading, the top and toe of cut and fill slopes to scale, and the number of each lot;

(7) The proposed recreation sites, trails, pedestrian walks, bicycle lanes, and parks for private or public use;

(8) The proposed common areas and areas to be dedicated to public open space; and

(9) The location and size of sanitary sewers, water mains, storm drains, fire hydrants, and street lights and the proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;

(j) The right-to-farm notice as set forth in TMC 5-24-04;

(k) All lettering shall be clearly legible;

(l) If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown; and

(m) The Planning Department or Engineering Department may waive any of the tentative map requirements set forth in this section if the type of subdivision does not need to comply with said requirements or if other circumstances justify a waiver. The Planning Department and Engineering Department may require other drawings, data, or information as deemed necessary in exceptional or extraordinary circumstances.

(1185-CS, Amended, 06/13/13; 1121-CS, Amended, 07/23/09)

11-5-203 Accompanying data reports.

The tentative map shall be accompanied by the following data or reports:

(a) Soils reports. A preliminary soils report shall be prepared by a registered civil engineer, unless waived by the City Engineer based upon his own knowledge of the soil qualities of the subdivision. If the preliminary soils report indicates the presence of soil problems which, if not corrected, would lead to structural defects, corrective action shall be described. The soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The City Engineer shall determine if the recommended action is likely to prevent structural damage. As a condition to the building permit, the approved recommendation shall be incorporated in the construction of each structure and the installation of off-site improvements. The soils report shall be kept on file by the City for public inspection.

(b) Drainage investigations. A preliminary drainage investigation, when requested by the City Engineer, based upon his own knowledge of drainage qualities of the subdivision, shall be prepared by a registered civil engineer. If the preliminary drainage investigation indicates the presence of drainage problems which, if not corrected, would lead to structural defects or other unsafe, unhealthful, or otherwise undesirable conditions, recommendations for corrective measures shall be shown on the percolation report accompanying the final map. The City Engineer shall determine if the recommended action is adequate. As a condition to the building permit, the approved recommended action shall be taken.

(c) Environmental reviews. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(d) Street name requests. Subdividers shall submit an application for street name approval identifying street names to appear on the tentative map. The application for street name approval shall be submitted to the Planning Division for consideration and approval.

(e) Other reports. Any other data or reports deemed necessary by the Planning Department or Engineering Department due to exceptional or extraordinary circumstances shall be prepared.

Subsection (a) of this section shall not apply to condominium conversions.

(1121-CS, Amended, 07/23/09)

11-5-204 Submittal to the Planning Department: Five or more parcels.

The tentative map shall be considered complete for filing only when such map conforms to Section 11-5-202 of this article, when all accompanying data and reports, as required by Section 11-5-203 of this article, have been submitted and accepted by the department of jurisdiction, a certificate of acceptance has been issued, signed, and dated by such department, and all applicable fees are paid. Thirty (30) copies of the tentative map shall be submitted with the application or as the department of jurisdiction specifies.

Upon the receipt of a tentative map, the City will notify the applicant in writing by mail or personally deliver within forty-eight (48) hours if the map is acceptable or not acceptable for filing. If not acceptable, the City shall state the reasons in its notification.

11-5-205 Planning Department review.

The Planning Department shall forward copies of the tentative map to the affected public agencies which may return to the Planning Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

Within ten (10) days after the filing of a tentative map, the Planning Department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, the density, and any other information which would be relevant to the affected school district. The governing board of such school district may review the notice and may send a written report to the agency required by law to approve the tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a twenty (20) working day period after the receipt of the notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving or conditionally approving the tentative map.

Upon the completion of the review by the Planning Department, and prior to the date the tentative map is scheduled for Planning Commission action, the Planning Department may hold a technical review conference. A technical review conference shall be held if requested by the subdivider or representatives from affected agencies, utilities, or school districts. Advance written notice of the technical review conference and a copy of the conditions shall be given to the subdivider or agent and to all affected agencies at least three (3) days prior to the conference. The results of the conference shall be reported to the Planning Commission. A copy of the report shall be served to the subdivider and each tenant, in cases of conversions of residential property to condominiums, community apartments, or stock cooperatives as per the Subdivision Map Act, at least three (3) days prior to any hearing or action on the map by the Planning Commission.

Article 3. Planning Commission Action

11-5-301 Notice of public hearings.

Upon the receipt of a valid application, the completion of the technical review conference, and having received from the Planning Department its report and recommendations for the proposed tentative map, the secretary of the Planning Commission shall set the matter for a public hearing as specified in Sections 66451.3 and 66451.4 of the Subdivision Map Act. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.

Notice shall be published at least once in a newspaper of general circulation published and circulated in the City.

In addition to notice by publication, the Planning Department may give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application and to the owner of the property as shown on the last equalized assessment roll. The list of owners shall be provided by the subdivider.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The City may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

Substantial compliance with the provisions set forth in this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

The Planning Commission shall approve, conditionally approve, or deny the tentative map and shall report its decision to the Council and the subdivider within fifty (50) days after the tentative map has been accepted for filing. If an environmental impact report is prepared, the decision shall be made forty-five (45) days after the certification of the environmental impact report.

11-5-302 Approval.

In approving or conditionally approving the tentative map, the Planning Commission, acting in the capacity of the Advisory Agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the applicable General or Specific Plans adopted by the City.

The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department’s report, except conditions required by City laws related to the public health and safety or to city standards. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable provisions of the Subdivision Map Act, this title, or other City laws, and it shall be the duty of the City Clerk to certify the approval.

11-5-303 Denial.

The tentative map may be denied by the Planning Commission on any of the grounds provided by City or State laws.

The Planning Commission shall deny the approval of the tentative map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable General and Specific Plans;

(b) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(d) That the site is not physically suitable for the proposed density of development;

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

(f) That the design of the subdivision or the type of improvements is likely to cause serious public inconvenience or health problems; or

(g) That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large.

11-5-304 Extensions of time for Planning Commission action.

The time limits set forth in Section 11-5-301 of this article for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission.

11-5-305 Appeals of tentative map decisions by subdividers or interested parties.

The subdivider or an interested party disagreeing with any decision on a tentative map made by the department of jurisdiction may file an appeal as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

Article 4. Expiration and Extensions

11-5-401 Expiration.

The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36) months after its date of approval or conditional approval. A time extension of a maximum of thirty-six (36) months may be allowed by the Planning Commission, not to exceed a cumulative total of six (6) years after the first approval or conditional approval of the tentative subdivision map.

The period of time specified in this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Council. Within ten (10) days after the service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Council shall either stay the time period for up to five (5) years or deny the requested stay.

The request for the stay shall require a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Council, within ten (10) days, shall declare its findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

The 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.

(1133-CS, Amended, 12/24/09; 1116-CS, Amended, 02/26/2009)

11-5-402 Extensions.

(a) Requests by subdividers. The subdivider or his authorized agent may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the Planning Department. The application shall be filed prior to the expiration date of the map and shall state the reasons for requesting the extension.

(b) Planning Commission action. The Planning Director shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval, conditional approval, or denial at the next scheduled Planning Commission meeting. A copy of the Planning Director’s report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

(c) Conditions of approval. As a condition of the extension of a tentative map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Department in its report or as the Planning Commission may find necessary.

(d) Appeals on conditions of extensions. The subdivider may appeal any action on the extension as provided by Title 1, Chapter 4 of this Code.

(e) Fees. The fee for processing an extension shall be at actual cost. A deposit to be applied toward such fee may be required, as determined by Council resolution.

(866-CS, Amended, 02/09/1995)

11-5-403 Amendments to approved tentative maps.

Minor changes in the tentative map may be approved by the Planning Department upon an application by the subdivider, or in its own initiative, by mutual consent of both parties, provided:

(a) Such changes are consistent with the intent and spirit of the original tentative map approval or conditional approval; and

(b) There are no resulting violations of this Code.

Any revision shall be approved by the City Engineer. The amendment shall be indicated on the approved tentative map and certified by the City Engineer.

Amendments of the tentative map, other than minor, shall by presented to the Planning Commission for approval. Processing shall be in accordance with Section 11-5-205 of Article 2 of this chapter and Section 11-5-301 of Article 3 of this chapter.

Any approved amendment shall not alter the expiration date of the tentative map.

11-5-404 Amendments to approved street names.

Amendments or changes in street names on the tentative map may be approved by the Planning Division upon application by the subdivider. The cost to process street name amendments or changes shall be borne by the subdivider.

(1121-CS, Added, 07/23/09)

Article 5. Final Maps

11-5-501 General.

The form, contents, accompanying data, and filing of the final map shall conform to the provisions of this article.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

11-5-502 Submittal by units.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Planning Director of the subdivider’s intention to file multiple final maps on the tentative maps. The Planning Commission shall approve the sequence of map approvals. After the filing of the tentative map, the Planning Director and the subdivider shall concur in the filing of multiple final maps.

The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

11-5-503 Approved street names required.

(a) Application. An application for street name approval shall be submitted to the Planning Division for consideration and approval.

(b) Street names required on final maps and improvement plans. Approved street names without abbreviation shall be clearly identified on all improvement plans and final maps submitted to the Engineering Division.

(c) Release of addresses after recordation of map. Within thirty (30) days of the recordation of a final map, approved street names and addresses will be distributed to City departments, subdividers, engineers, builders, and interested agencies.

(d) Release of addresses prior to recordation of map. In conformance with Subdivision Map Act Section 66499.30(a), addresses for model homes may be released prior to the recordation of the final map at the discretion of the City of Turlock Building Official.

(1121-CS, Added, 07/23/09)

11-5-504 Surveys required.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed one ten-thousandth (1/10,000) for field closures and one twenty-thousandth (1/20,000) for calculated closures.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code of the State so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map.

(1121-CS, Amended, 07/23/09. Formerly 11-5-503)

11-5-505 Form.

The form of the final map shall conform to the Subdivision Map Act and the provisions of this section.

The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be eighteen (18") inches by twenty-six (26") inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1") inch. The scale of the map shall be not less than one (1") inch equals one hundred (100') feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four (4) or more sheets, including the certificate sheet, are used, a key sheet shall be included.

All printing or lettering on the map shall be of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

The final form of the final map shall be as approved by the City Engineer.

(1121-CS, Amended, 07/23/09. Formerly 11-5-504)

11-5-506 Contents.

(a) Boundaries. The boundary of the subdivision shall be designated by an opaque blue line in such a manner as not to obliterate figures or other data.

(b) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States survey. The following words shall appear in the title: “City of Turlock, Stanislaus County.”

(1) Owners’ certificates. A certificate, signed and acknowledged by all parties having a record title interest in the land subdivided, consenting to the preparation and recordation of the map. Exceptions are those parties having rights-of-way, easements, or interests which cannot ripen into a fee, or as provided in the Subdivision Map Act.

In the event an owner’s development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code of the State on the real property, or portion thereof, subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the office of the County Recorder in which the resolution creating the owner’s development lien was recorded. The notice shall state that the property subdivided is subject to an owner’s development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner’s development lien on a per acre, or portion thereof, basis;

(2) Dedications and offers to dedicate certificates. Dedications of, or offers to dedicate interests in, real property for specified public purposes shall be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Government Code of the State.

In the event any street shown on the final map is not offered for dedication, the certificate may contain a statement to this effect. If such statement appears on the final map, and if the map is approved by the legislative body, the use of any such street or streets by the public shall be permissive only.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate;

(3) Trustees’ certificates. A certificate, signed and acknowledged by any trustee of record at the time of the Council approval of the final map, consenting to the recording of the map and offers of dedication;

(4) Engineer or surveyor certificates. A certificate by the engineer or surveyor responsible for the survey and final map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The certificate shall state that the map complies with the Subdivision Map Act and the provisions of this title;

(5) Certificates of soils and geologic reports. When a soils report, a geologic report, or a soils and geologic report has been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report, and the location within the City where the reports shall be kept on file for public inspection;

(6) City Engineer’s certificates. A certificate by the City Engineer shall be completed and filed with the Council within twenty (20) days after the time the final map is submitted to him for approval by the subdivider. The certificate shall state that the map has been examined and that it is substantially the same as the tentative map and any approved alterations, that it complies with the Subdivision Map Act and the provisions of this title, and that it is technically correct;

(7) Planning Commission certificates. A certificate by the secretary of the Planning Commission stating that the tentative map was approved by resolution of the Planning Commission. The date and number of the resolution shall appear in the certificate;

(8) City Clerk’s certificates. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the Council approving the final map and stating that the Council accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication;

(9) Clerk of the Board of Supervisors certificates. A certificate to be executed by the County Clerk, in accordance with Section 66492 of the Subdivision Map Act, stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County; and

(10) County Recorder’s certificates. A certificate to be executed by the County Recorder stating that the map has been accepted for filing, who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed.

(d) Scale, north point, and basis of bearings. There shall appear on each map sheet the scale, the north point, and the basis of bearings.

(e) Linear, angular, and radial data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street center lines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundaries. The arc length, radius, and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(f) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at or in City Engineer approved offsets from the following locations:

(1) The intersections of street center lines;

(2) The beginning and end of curves or intersections of tangents on center lines; and

(3) Other locations as may be required by the City Engineer.

(g) Lot numbers. Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively in a clockwise direction with no omissions or duplications, except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one (1) sheet of the final map, unless approved by the City Engineer.

(h) Acreage. Lots containing one (1) acre or more shall show on the face of the final map net acreage to at least the nearest one-hundredth (1/100) of an acre.

(i) Adjoining properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or by name when not identified by an official number.

(j) City boundaries. City boundaries which cross or adjoin the subdivision shall be clearly designated.

(k) Street names. The approved names of all streets, alleys, and highways within or adjoining the subdivision shall be shown.

(l) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers, and street trees, and other public uses as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If, at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are not accepted by the Council, the offer of dedication shall remain open, and the Council, by resolution at any later date, may accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

The City Engineer shall accept any dedication lying outside the subdivision boundary which requires a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance; for example, the County Recorder’s serial number and date or book and page of the official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

The side lines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the City Engineer.

(m) Right-to-farm notice. The right-to-farm notice as set forth in TMC 5-24-04.

(1185-CS, Amended, 06/13/13; 1121-CS, Amended, 07/23/09. Formerly 11-5-505)

Article 6. Submittal for City Approval

11-5-601 Preliminary submittal.

The subdivider shall submit prints of the final map to the City Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the City Engineer:

(a) Improvement plans. Improvement plans as required by Article 4 of Chapter 8 of this title;

(b) Title reports. A preliminary title report showing the legal owners at the time of the submittal of the final map, signed and acknowledged by all parties having any record of title interest as designated by the Subdivision Map Act;

(c) Improvement bond estimates. The improvement bond estimate shall include all improvements within public rights-of-way, easements, main utility lines in the private common areas, and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the Public Utilities Commission of the State;

(d) Deeds for easements or rights-of-way. Deeds for off-site easements or rights-of-way required for road or drainage purpose which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

(e) Traverse closures. Traverse closures for the boundary blocks, lots, easements, street center lines, and monument lines;

(f) Soils reports. A soils report prepared in accordance with subsection (a) of Section 11-5-203 of Article 2 of this chapter and the Subdivision Map Act;

(g) Percolation reports. A percolation report prepared in accordance with subsection (b) of Section 11-5-203 of Article 2 of this chapter and the Subdivision Map Act;

(h) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations of the storm drainage system;

(i) Organization documents. The submittal of the final map or parcel map shall include the proposed Declaration of Covenants, Conditions, and Restrictions and all other organizational documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the State. All documents shall be subject to review by the City Engineer and City Attorney; and

(j) Additional data, reports, and information. Any additional related data, reports, or information as required by the City Engineer in exceptional or extraordinary circumstances.

11-5-602 Review by the City Engineer.

The City Engineer shall review the final map, and the subdivider’s engineer or surveyor shall make corrections and/or additions until the map is in accordance with this title and the Subdivision Map Act.

11-5-603 Approval by the City Engineer.

The subdivider’s engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute certificates on the map, to the City Engineer.

The City Engineer shall complete and file his certificate with the Planning Commission within twenty (20) days after the time the final map, corrected and complete, is submitted to him by the subdivider for approval.

The City Engineer and Planning Director shall sign the appropriate certificates and transmit the original to the City Clerk.

11-5-604 Approval by the Council.

The final map, upon execution by the City Engineer and Planning Director, together with the subdivision improvement agreement and improvement security, shall be placed on the Council agenda for its approval. The Council shall consider the final map for approval within ten (10) days after filing with the City Clerk, or at its next regular meeting at which it receives the map, whichever is later. The Council shall have approved the subdivision improvement agreement before or concurrent with approving the final map.

If the subdivision improvement agreement and final map are approved by the Council, it shall instruct the City Manager to execute the agreement on the behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable, the Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map, and defer approval until an acceptable agreement and/or final map had been resubmitted.

11-5-605 Denial by the Council.

The Council shall not deny the approval of the final map if the Council or the Planning Commission had previously approved a tentative map for the proposed subdivision and if the Council finds that the final map is in substantial compliance with the previously approved tentative map.

If the Council does not approve or disapprove the map within the proscribed time, or any authorized extension, and the map conforms to all requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval thereon.

11-5-606 Filing with the County Recorder.

Upon the approval of the map by the Council, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map to the Clerk of the County Board of Supervisors for transmittal to the County Recorder.

Article 7. Vesting Tentative Maps

11-5-701 Citation and authority.

This article is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State (referred to in this article as the Vesting Tentative Map Statute) and may be cited as the “Vesting Tentative Map Law of the City of Turlock.”

11-5-702 Purpose and intent.

It is the purpose of this article to establish the procedures necessary for the implementation of the Vesting Tentative Map Statute and to supplement the provisions of the Subdivision Map Act and this title. Except as otherwise set forth in this article, all other provisions of this title shall apply.

To accomplish this propose, the regulations set forth in this article are determined to be necessary for the preservation of the public health, safety, and general welfare and for the promotion of orderly growth and development.

11-5-703 Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable Specific Plan or not permitted by Title 9 or other applicable provisions of this Code.

11-5-704 Definitions.

(a) For the purposes of this article, “vesting tentative map” shall mean a tentative map for a subdivision, as defined in this title, which map shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with Section 11-5-706 of this article and is thereafter processed in accordance with the provisions of this article.

(b) All other definitions set forth in this title shall be applicable.

(757-CS, Amended, 12/26/1991)

11-5-705 Application.

(a) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions of this article.

(b) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(757-CS, Amended, 12/26/1991)

11-5-706 Filing and processing.

A vesting tentative map shall be filed in the same form, and have the same contents, accompanying data, and reports, and shall be processed in the same manner as set forth in this title for a tentative map.

11-5-707 Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the Planning Department for the filing and processing of a tentative map.

11-5-708 Expiration.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map.

11-5-709 Vesting upon approval of vesting tentative maps.

(a) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2 of the Government Code of the State.

However, if said Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(b) Notwithstanding the provisions of subsection (a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

(2) The condition or denial is required in order to comply with State or Federal laws.

(c) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 11-5-708 of this article. If the final map is approved, such rights shall last for the following periods of time:

(1) An initial time period of two years.

(2) Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period provided for in subsection (1) of this subsection shall begin for each phase when the final map for such phase is recorded.

(3) The initial time period set forth in subsection (1) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review if such processing exceeds thirty (30) days after the date a complete application is filed.

(4) A subdivider may apply to the Planning Commission for a one-year extension at any time before the initial time period set forth in subsection (1) of this subsection expires. If the extension is denied, the subdivider may appeal such denial to the Council within fifteen (15) days.

(5) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (1) through (4) of this subsection, the rights referred to in this section shall continue until the expiration of such permit or any extension of such permit.

(846-CS, Amended, 04/07/1994)

11-5-710 Developments inconsistent with zoning provisions: Conditional approval.

(a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, such inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the map, notwithstanding Section 11-5-709 of this article, shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.

(b) The rights conferred by this section shall be for the time periods set forth in subsection (c) of Section 11-5-709 of the article.

11-5-711 Applications inconsistent with current policies.

Notwithstanding any provision of this chapter, a property owner or his designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsection (a) of Section 11-5-709 and in Section 11-5-710 of this article, and the City may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.