The form and contents, submittal and approval of tentative subdivision maps shall be governed by the provisions of this article.
(Ord. 60 § 1.502.1, 1968; Ord. 165 § 1, 1982)
The tentative map shall be prepared in a manner acceptable to the Planning Department and shall be prepared by a registered civil engineer.
The tentative map shall be clearly and legibly drawn on one sheet (minimum 18 inches by 26 inches) and contain not less than the following:
(1)
A title which shall contain the subdivision name and type of subdivision.
(2)
Name and address of legal owner, subdivider, and person preparing the map (including registration number).
(3)
Sufficient legal description to define the boundary of the proposed subdivision.
(4)
Name and assessor's parcel number of contiguous property owners.
(5)
Date, north arrow, scale and contour interval.
(6)
Existing and proposed land use of all parcels and remainders.
(7)
A vicinity map showing existing streets and other physical features sufficient to locate the proposed subdivision and show its relation to the community.
(8)
Existing topography of the proposed site and at least 100 feet beyond its boundary, including but not limited to:
(a)
Existing contours at two-foot intervals if the existing ground slope is less than 10 percent and at not less than five-foot intervals for existing ground slopes equal to or greater than 10 percent. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines;
(b)
Type, circumference and dripline of existing trees. Any trees proposed to be removed shall be so indicated;
(c)
The approximate location and outline of existing structures identified by type with accurate dimensions to all primary dwellings within 10 feet of property lines. Buildings to be removed shall be so marked;
(d)
The approximate location of all areas subject to inundation or stormwater overflow and the location, width and direction of each water course;
(e)
The location, pavement and right-of-way width, grade and name of existing streets or highways;
(f)
The widths, location and identity of all existing easements;
(g)
The location and size of existing sanitary sewers, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets;
(h)
The approximate location of the 60, 65 and 70 CNEL (community noise equivalent level) contours, if any.
(9)
Proposed improvements to be shown shall include but not be limited to:
(a)
The location, grade, centerline radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets shall be shown;
(b)
The location and radius of all curb returns and cul-de-sacs;
(c)
The location, width and purpose of all easements;
(d)
The angle of intersecting streets if such angle deviates from a right angle by more than four degrees;
(e)
The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot;
(f)
Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than 10 percent and not at less than five-foot intervals for existing ground slopes greater than or equal to 10 percent. A separate grading plan may be submitted;
(g)
Proposed recreation sites, trails and parks for private or public use;
(h)
Proposed common areas and areas to be dedicated to public open space;
(i)
The location and size of sanitary sewers, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.
(10)
The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.
(11)
The source and date of existing contours.
(12)
All lettering size shall be one-eighth inch minimum.
(13)
Certificates for execution by the Secretary of the Planning Commission indicating the approval of the tentative map and the date thereof by the Planning Commission, and a certificate by the City Clerk indicating the approval by the City Council if the map was reviewed by the City Council.
(14)
If the subdivider plans to develop the site as shown on the tentative map in units, then he shall show the proposed units and their proposed sequence of construction on the tentative map.
(15)
The Planning Department may waive any of the foregoing tentative map requirements whenever it finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The Planning Department or City Engineer may require other such drawings, data or other information as deemed necessary.
(Ord. 60 § 1.502.2, 1968; Ord. 165 § 1, 1982)
The tentative map shall be accompanied by the following data or reports:
(1)
Soils Report. A preliminary soils report, prepared by a registered civil engineer, and based upon adequate test borings, shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.
(2)
Title Report. A preliminary title report, prepared within 60 days prior to the filing of the tentative map.
(3)
Engineering Geology Report. If the subdivision lies within an area of low or moderate slope stability, as shown on maps on file with the Planning Department, a preliminary engineering geology report, prepared in accordance with guidelines established by the Planning Department, shall be provided. If the preliminary engineering geology report indicates the presence of geologic hazards which, if not corrected, would lead to structural defects, an engineering geology report shall accompany the final map and shall contain an investigation of each lot within the subdivision.
(4)
Environmental Assessment. The tentative map shall not be deemed complete until the subdivision is found exempt or an initial study is prepared by the Planning Department in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such data and information and pay such fees as may be required for the preparation and processing of environmental review documents.
(5)
Utility Certification. Certification in writing from all utilities that the proposed subdivision can be adequately served. The City Engineer may defer the required certifications until after the filing of the tentative map.
(6)
Other Reports. Any other data or reports deemed necessary by the Planning Department.
(Ord. 60 § 1.502.3, 1968; Ord. 165 § 1, 1982)
The tentative map shall be considered for filing only when such map conforms to RDMC § 16.10.040 and when all accompanying data or reports, as required by RDMC § 16.10.050, have been submitted and accepted by the Planning Department.
The subdivider shall file with the Planning Department the number of tentative maps the City Planner may deem necessary.
(Ord. 60 § 1.502.4, 1968; Ord. 165 § 1, 1982)
The Planning Department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the Planning Department their findings and recommendations thereon.
Within 10 days of the filing of the tentative map, the Planning Department shall send 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. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the agency required by law to approve such tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a 20-day period from the receipt of notice of the tentative map, such 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.
(Ord. 60 § 1.502.5, 1968; Ord. 165 § 1, 1982)
(1)
Notice of Public Hearings. Upon receipt of a valid application and having received from the Planning Department their report and recommendations for the proposed tentative subdivision map, the secretary of the Planning Commission shall set the matter for public hearing. At least 10 calendar days before the public hearing, he shall cause notice to be given of the time, date and place of said hearing, including a general description of the area affected, and the street address, if any, of the property involved. Said notice shall be published at least once in a newspaper of general circulation printed and published in the County of Humboldt and circulated in the City of Rio Dell.
In addition to notice by publication, the City shall 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. The City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
In the event that the proposed change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the City shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.
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. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
Substantial compliance with these provisions therewith to 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 City Council and the subdivider within 50 days after the tentative map has been accepted for filing.
The Planning Commission shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code, within the time limits set forth in this section. However, if an environmental impact report is prepared for the tentative map, the 50-day period specified in this section shall not be applicable and the Planning Commission shall render its decision on the tentative map within 45 days after certification of the environmental impact report.
(2)
Approval. In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable provisions of the Rio Dell general plan.
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 ordinance or by the City Engineer, related to public health and safety or standards approved by the City Engineer, or add additional requirements as a condition of its approval.
(3)
Denial. The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by City ordinance or the State Subdivision Map Act.
The Planning Commission shall deny 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;
(c)
That the site is not physically suitable for the proposed density of development;
(d)
That the design of the subdivision or the proposed improvements are likely to cause serious public health problems;
(e)
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 governing body may approve 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 judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
(4)
City Council Review. If a tentative map is approved or conditionally approved, the Planning Department shall make a written report to the City Council. Within 10 days, or at its next succeeding regular meeting after receipt of said report, unless the subdivider consents to a continuance, the Council may review the map and the conditions imposed by the Planning Commission. If the Council decides to review the map and conditions, it shall conduct a public hearing after giving notice pursuant to subsection (1) of this section. In addition, notice shall be given to the subdivider and the Planning Commission. At that hearing the Council may add, modify or delete conditions when the Council determines that such changes are necessary to ensure that the tentative map conforms to zoning conditions imposed upon the property, applicable City ordinances, and the State Subdivision Map Act. The City Council may deny the tentative map on any of the grounds contained in subsection (3) of this section.
If the Council does not act within the time limits set forth in this chapter, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission's report.
(5)
Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.
(Ord. 60 § 1.502.6, 1968; Ord. 165 § 1, 1982)
(1)
By Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative subdivision map, he/she may, within 10 days of such decision, file an appeal with the City Clerk. The Council shall consider the appeal within 30 days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to RDMC § 16.10.080(1). In addition, notice shall be given to the subdivider and the Planning Commission and upon conclusion of the public hearing, the Council shall within seven days declare its findings. The Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this chapter or the State Subdivision Map Act.
(2)
By Interested Persons Adversely Affected. Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council concerning such decision. Any such complaint filed with the City Clerk within 10 days after the action which is the subject of the complaint. No complaint shall be considered after the 10-day period. The City Council may, at its discretion, reject the complaint within 15 days or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, a public hearing shall be held within 30 days after the filing of the complaint pursuant to the procedures contained in RDMC § 16.10.080(1) with additional notice being given to the affected interested persons.
(Ord. 60 § 1.502.7, 1968; Ord. 165 § 1, 1982)
(1)
Expiration. Expiration of an approved tentative map shall be as provided by this section and the Subdivision Map Act.
The approval or conditional approval of a tentative subdivision map shall expire 24 months from the date of adoption of the resolution by the Planning Commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in subsection (2)(b) of this section.
Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.
(2)
Extensions.
(a)
Request by Subdivider. The subdivider or his engineer may request an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the Planning Department. The application shall be filed not less than 45 days before the map is to expire and shall state the reasons for requesting the extension.
(b)
Planning Commission Action. The City Planner 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. A copy of the Planning Department'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 subdivision map.
(c)
Time Limit of Extension. The approved extension shall not exceed 12 months. The approved new expiration date shall not extend more than three years beyond the date of the resolution adopted by the Planning Commission approving or conditionally approving the tentative subdivision map.
(d)
Conditions of Approval. As a condition of the extension of the tentative subdivision 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 it may find necessary.
(e)
Appeal of Conditions of Extension. The subdivider may appeal any action of the Planning Commission regarding the extension to the City Council within 10 days of such action in conformance to RDMC § 16.10.090(1).
(f)
Fee. The fee for processing an extension shall be at actual cost. A deposit to be applied toward this fee may be required.
(Ord. 60 § 1.502.8, 1968; Ord. 165 § 1, 1982)
Minor changes in the tentative map may be approved by the Planning Department upon application of the subdivider or on its own initiative, provided:
(1)
No lots, units or building sites are added.
(2)
Such changes are consistent with the intent and spirit of the original tentative map approval.
(3)
There are no resulting violations of the Rio Dell Municipal Code.
Any revision shall be approved by the City Planner and the City Engineer. The amendment shall be indicated on the approved map and certified by the City Planner and the City Engineer. |
Any approved amendment shall not alter the expiration date of the tentative map. |
(Ord. 60 § 1.502.9, 1968; Ord. 165 § 1, 1982)