Rio Vista Municipal Code Ch. 16.28 Minor Subdivisions—tentative Maps

The tentative parcel map or vesting tentative parcel map shall show the following information:

A. Name and address of legal owner, subdivider, and California registered civil engineer or licensed land surveyor who is preparing the map (including registration or license number);

B. Assessor's parcel number;

C. Date prepared, north arrow, scale and contour interval;

D. Existing and proposed land use;

E. Title;

F. A vicinity map, sufficient to show the relation to the local community;

G. Existing topography of the site and at least 100 feet from its boundary, including but not limited to:

1. Existing contours at two-foot intervals, if the existing ground slope is less than 10% and not less than five-foot intervals for existing ground slopes greater than or equal to 10%. Existing contours shall be represented by screened or dashed lines,

2. Type, circumference, and drip line of existing trees,

3. The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked,

4. The location, width, and direction of flow of each watercourse,

5. The location, pavement, and right-of-way width, and grade and name of existing streets or highways,

6. Location and type of street improvements,

7. The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets,

8. The location, width, and identity of existing easements;

H. Any improvements proposed by the owner shall be shown;

I. If the site is to be graded, proposed contours shall be shown or an approved grading plan shall be submitted;

J. The proposed lot layout and lot areas;

K. Proposed easement or rights-of-way;

L. The source and date of existing contours;

M. A preliminary report of title showing the current vested owner;

N. A soils and/or engineering geology report may be required by the city engineer;

O. The subdivider shall have the option of submitting a tentative map or a vesting tentative map.

(Prior code Appendix C § 5.1.1)

A. The tentative parcel map shall be reviewed by the city engineer for compliance to all applicable city ordinances and the state Subdivision Map Act. Upon completion of the review and upon receipt of a valid application for the tentative parcel map, the secretary to the planning commission shall set the matter for public hearing. At least 10 calendar days before the public hearing, he or she shall cause notice to be given of the time, date and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.

C. In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including business, 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 change.

D. 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.

E. 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.

F. Substantial compliance with these provisions 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.

(Prior code Appendix C § 5.1.2)

Upon completion of the public hearing, the planning commission upon recommendation of the city engineer shall approve, conditionally approve, or deny the tentative parcel map. If the parcel map is approved, it shall be signed and dated by the city engineer. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider and engineer. If the subdivision is denied, the subdivider or the engineer shall be so notified in writing with a statement for the reasons of denial.

(Prior code Appendix C § 5.1.3)

A. In approving or conditionally approving the tentative parcel map, the planning commission shall find that the proposed subdivision, together with its provisions for design and improvement, is consistent with the general plan, applicable specific plans, the master utility plan and applicable subdivision improvement standards, adopted by the city.

B. The tentative parcel map may be denied for any reason provided by city ordinance, resolutions, or the state Subdivision Map Act. The planning commission upon recommendation of the city engineer shall deny approval of the tentative parcel map if they make any of the findings contained in Section 16.20.050.

(Prior code Appendix C § 5.1.4)

In approving the tentative parcel map, the planning commission may impose as conditions of filing a parcel map any or all but not limited to the following requirements:

A. Frontage improvements;

B. On-site improvements;

C. Off-site improvements;

D. Dedications;

E. Applicable fees;

F. A soils and/or engineering geology report.

(Prior code § 5.1.5)

A. By Subdivider. If the subdivider disagrees with any action by the planning commission with respect to the tentative map, he or she may, within 15 days of the receipt of such decision, appeal such action to the city council.

B. By Interested Persons Adversely Affected.

1. Any interested person adversely affected by a decision of the planning commission with respect to the tentative parcel map may, within 15 days of such decision, file an appeal with the city clerk.

2. The city council shall consider the appeal by either the subdivider or interested persons adversely affected within 30 days. This appeal shall be a public hearing with notice given to the subdivider and to the affected interested persons. Upon conclusion of the public hearing the city council may sustain, modify, reject, or overrule any discretionary conditions imposed by the planning commission, city engineer or subdivision committee and may make such findings as are not inconsistent with the provisions of this title or the state Subdivision Map Act.

(Prior code Appendix C § 5.1.6)

A. The approval or conditional approval of the tentative parcel map shall expire 24 months from the date of its approval.

B. The period of time specified 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 the tentative parcel map only if a stay of the time period is approved by the city council. Within 10 days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing to the city engineer, request a stay of the time period of the tentative map. Within 40 days after receiving such request, the city council shall either stay the time period for up to five years, or deny the requested stay. The request for the stay shall be considered at a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the city council shall, within 10 days, declare its findings.

C. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map.

(Prior code Appendix C § 5.1.7)

A. Request by Subdivider. The subdivider or his or her engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the city engineer. The application shall be filed not less than 30 days prior to the expiration date and shall state the reasons for requesting the extension.

B. Planning Commission Action. The planning commission shall review the request for extension for approval. Extensions may be approved for a tentative parcel map and the period of extensions shall not exceed 12 months. The extension of time shall commence with the expiration date of the approved or conditionally approved tentative parcel map. The approved new expiration date shall not extend more than three years beyond the date of initial approval by the planning commission.

C. The city engineer shall require sufficient increase of any bonds to assure completion of improvements.

(Prior code Appendix C § 5.1.8)

A. Amendments to the tentative parcel map or conditions of approval thereof may be approved by the city engineer upon application by the subdivider or on his or her own initiative; provided:

1. No lots, units, or building sites are added;

2. Such changes are consistent with the intent of the original tentative map approval;

3. There are no resulting violations of the Rio Vista Municipal Code.

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

C. The city engineer or authorized representative may require a new tentative parcel map application in lieu of the above procedure when requested changes are substantial enough to warrant refiling and reprocessing.

(Prior code Appendix C § 5.1.9)