This title is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the Subdivision Ordinance of the City of Rio Dell.
(Ord. 60 § 1.101, 1968; Ord. 165 § 1, 1982)
It is the purpose of this title to regulate and control the division of land within the City of Rio Dell and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Subdivision Technical Review Committee, the Planning Commission, the City Engineer, the Planning Department and the City Council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to ensure provision for adequate traffic circulation, utilities and services.
(Ord. 60 § 1.102, 1968; Ord. 165 § 1, 1982)
No land shall be subdivided and developed for any purpose which is not in conformity with the general plan of the City of Rio Dell or specifically authorized by RDMC Title 17.
The type and intensity of land use as shown on the general plan shall determine the type of streets, utilities and services that shall be provided by the subdivider.
(Ord. 60 § 1.103, 1968; Ord. 165 § 1, 1982)
The regulations set forth in this title shall apply to all subdivisions or parts thereof within the City of Rio Dell and to the preparation of subdivision maps thereof and to other maps as provided for by the Subdivision Map Act and local ordinance. Each such subdivision and each part thereof lying within the City of Rio Dell shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required.
(Ord. 60 § 1.104, 1968; Ord. 165 § 1, 1982)
Whenever, in the opinion of the Planning Commission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the Planning Commission may make such modifications thereof as, in its opinion, are reasonably necessary or expedient and in conformity with the State Subdivision Map Act.
(Ord. 60 § 1.105, 1968; Ord. 165 § 1, 1982)
(1)
Waiver of Requirement. The requirement under the Subdivision Map Act of a parcel map shall be waived in accordance with the procedures set forth in this section. No tentative map shall be required in cases where a parcel map is waived.
(2)
Application – Filing Fee. An application for waiver of the requirement of a parcel map shall be filed with the Planning Commission upon such forms and accompanied by a plot plan and such information as may be prescribed by the Planning Commission. The filing of such application shall be accompanied with payment of a filing fee of $10.00.
(3)
Action by Commission. An application for waiver of the requirement of a parcel map shall be acted upon by the Planning Commission within 60 days after its filing, unless such time is extended by agreement with the applicant. The Planning Commission, or the City Council upon appeal, shall by written document or resolution approve the application for waiver if it finds that the proposed division of land complies with the requirements of the Subdivision Map Act and City ordinances including requirements pertaining to area, improvement and design, flood water or drainage control, appropriately improved public roads, sanitary disposal facilities, environmental protection, and consistency with the general plan.
Any requirements for the construction of reasonable on-site and off-site improvements for a parcel being created by the proposed division of land shall be set forth in the instrument approving the application of waiver. The construction of such improvements shall be required prior to the subsequent issuance of a permit or other grant of approval by the City for the development of said parcel. Fulfillment of said construction requirement(s) shall not be required until such time as a permit or grant of approval is issued by the City that fulfillment of the construction requirements is necessary for reasons of:
(4)
Approval for Any Issuance and Recording of Certificate of Compliance. Approval of an application for waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, then concurrently therewith or at any time thereafter, at the request of the owner of the property, the Planning Commission shall, without further application or proceedings, issue a certificate of compliance consistent with such waiver and shall cause said certificate of compliance to be filed for record with the Recorder of Humboldt County, in the manner set forth in Government Code Section 66499.35.
(5)
Appeals. Within 30 days after action by the Planning Commission, an applicant may appeal to the City Council any denial of his application by the Planning Commission. Such appeal shall be governed by the procedures set forth in Government Code Section 66452.5(a), as may be provided by local ordinance. The City Council on appeal shall have full authority to act on the application, including all authority granted to the Planning Commission.
(Ord. 119 § 1, 1977)
means a designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps.
means the area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.
means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon.
means: (a) street alignments, grades and widths; (b) drainage and sanitary facilities and utilities, including alignments and grades thereof; (c) location and size of all required easements and rights-of-way; (d) fire roads and fire breaks; (e) lot size and configuration; (f) traffic access; (g) grading; (h) land to be dedicated for park or recreational purposes; and (i) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan. (From the definition contained in the State Subdivision Map Act.)
means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 22100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.
means a map showing a subdivision for which a tentative and final map is required by the Subdivision Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.
means the general plan of the City of Rio Dell, as amended.
refers to such street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.
Improvements shall be constructed in accordance with the City of Rio Dell Standard Specifications and/or, when applicable, with standards as adopted by local utility companies and approved by the City Engineer. |
means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.
Pursuant to Section 66412(d) of the Subdivision Map Act, a lot line adjustment is between four or fewer existing parcels where the land taken from one parcel is added to the adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
means the Subdivision Map Act of the State of California.
means the joining of two or more contiguous parcels of land under one ownership into one parcel.
means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this chapter and the Map Act.
means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding the subdivision development.
means a person, firm, corporation, partnership or associate who proposes to divide, divides, or causes to be divided real property into subdivision for himself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.
does not include:
Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;
Land divided by mineral, oil, or gas leases;
Land dedicated for cemetery purposes under the Health and Safety Code of the State of California; or
A lot line adjustment between four or fewer existing parcels where the land taken from one parcel is added to the adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
means standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this chapter and the Map Act.
refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.
shall mean RDMC Title 17, Zoning and Land Use.
(Ord. 60 § 1.2, 1968; Ord. 165 § 1, 1982; Ord. 277 § 3, 2011)
(1)
City Attorney. The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvement securities.
(2)
City Council. The City Council shall have final jurisdiction on the approval of final maps and improvement agreements and the acceptance by the City of such land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels.
The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps.
(3)
City Engineer. The City Engineer shall be responsible for:
(a)
Establishing design and construction details, standards and specifications.
(b)
Determining if proposed subdivision improvements comply with the provisions of this title and the Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the City Planner for subdivisions of five or more parcels.
(c)
The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certification of compliance.
(d)
The inspection and approval of subdivision improvements.
(e)
The acceptance of dedications and improvements for subdivisions of four or less parcels.
(f)
The acceptance of private improvements (improvements not to be maintained by the City).
(4)
City Planner. The City Planner shall be responsible for:
(a)
Processing of preliminary and tentative maps, final and parcel maps, and for the collection of all required deposits and fees.
(b)
Investigating proposed subdivisions for conformity to the general plan and zoning ordinances of the City and reporting his findings together with recommendations for approval or conditional approval to the Planning Commission (for subdivisions) and to the City Engineer (for lot line adjustments).
(c)
Examining and certifying that final maps are in substantial conformance to the approved tentative map.
(5)
Planning Commission. The Planning Commission shall be responsible for:
(a)
Approving, conditionally approving, or denying the application for tentative map approval of subdivisions of five or more units or parcels and reporting its action to the City Council.
(b)
Approving, conditionally approving, or denying the application for tentative map approval of subdivisions of four or less parcels.
(c)
Hearing appeals of the approval, conditional approval, or denial of tentative maps for lot line adjustments.
(6)
Subdivision Design Review Committee (SDRC). The Subdivision Design Review Committee shall be responsible for the review of preliminary maps (for subdivisions of five or more parcels or units) for general layout and aesthetics and making its recommendations for approval or conditional approval to the Planning Commission.
(Ord. 60 § 1.3, 1968; Ord. 165 § 1, 1982)
(1)
General. The necessity for preliminary, tentative, final and parcel maps shall be governed by the provisions of this title.
(2)
Division of Land – Five or More Parcels. A preliminary, tentative, and final map shall be required for all divisions of land when determined by the City Planner that such land may be divided into five or more parcels, five or more condominiums as defined in Section 783 of the State Civil Code, or a community apartment project containing five or more parcels, except where:
(a)
The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or
(b)
Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or
(c)
The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or
(d)
Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
(3)
Division of Land – Four or Less Parcels. A tentative map and parcel map shall be required for all divisions of land which create four or less parcels except for:
(a)
Subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term lease (terminable by either party or not more than 30 days' notice in writing);
(b)
Land conveyed to or from a government agency, public entity, public utility, or for land conveyed to a subsidiary for a public utility for conveyance to such public utility for rights-of-way; provided, however, that upon a showing made to the City Engineer based upon substantial evidence that public policy necessitates such a parcel map, this exception shall not apply; or
(4)
Lot Line Adjustments. A tentative map, parcel map or final map shall be required for all lot line adjustments between five or more adjacent parcels. The parcel map requirement may be waived by the City Engineer as provided in RDMC § 16.15.240. The final map requirement may be waived by the City.
(5)
Fees and Deposits. All persons submitting maps as required by this title shall pay all fees and/or deposits as provided by the City's resolution establishing fees and charges, or as provided by this title.
(Ord. 60 § 1.4, 1968; Ord. 165 § 1, 1982; Ord. 277 § 4, 2011)