Rio Vista Municipal Code Ch. 16.20 Major Subdivisions—tentative Maps

A. The form and contents, submittal and approval of tentative subdivision maps shall be governed by the provisions of this chapter. Vesting tentative maps shall be filed and processed in the same manner as a tentative map except as otherwise provided by this title.

B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Prior code Appendix C § 4.2.1)

A. The tentative map shall be prepared by a registered civil engineer.

B. The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:

1. A title which shall contain the subdivision number, 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. Date, north arrow, scale and contour interval;

5. Existing and proposed land use;

6. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

7. 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. Existing contours shall be represented by dashed lines or by screened lines,

b. Type, circumference and drip line 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. Buildings to be removed shall be so marked,

d. The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow 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;

8. 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. A separate grading plan may be submitted,

g. Proposed recreation sites, trails and parks for private or public use,

h. Proposed common 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;

9. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

10. The source and date of existing contours;

11. All lettering size shall be one-eighth inch minimum;

12. Certificates for execution by the secretary of the planning commission indicating the approval of the tentative map and 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;

13. If the subdivider plans to develop the site as shown on the tentative map in units, then he or she shall show the proposed units and their proposed sequence of construction on the tentative map.

C. The city engineer may waive any of the foregoing tentative map requirements whenever he or she finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The city engineer may require other such drawings, data or other information as deemed necessary.

(Prior code Appendix C § 4.2.2)

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

A. Soils Report. If the preliminary soils report indicates the presence of critically expansive soils or other soil 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.

B. Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

C. Engineering Geology and/or Seismic Safety Report. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

D. School Site. The subdivider shall obtain from the school districts involved their intention, in writing, concerning the necessity for a school site, if any, within the subdivision and shall present this information to the city engineer prior to the consideration of the tentative map by the planning commission.

E. Environmental Impact Study. The various time limits set forth in this title for taking action on tentative maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. 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.

F. 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.

G. Other Reports. Any other data or reports deemed necessary by the city engineer.

(Prior code Appendix C § 4.2.3)

The city engineer under advisement of the subdivision committee shall establish the findings and conditions of approval for the proposed subdivision. These conditions shall be separated into the following.

A. Discretionary Conditions of Approval. The planning commission has the discretion to approve, reject and modify these conditions which tend to be off-site improvements and are a judgment of the need for mitigation versus the magnitude of the proposed development.

B. Non-Discretionary Conditions of Approval. The planning commission does not have discretion to reject or modify the types of conditions which are either predetermined by city ordinance or are necessary for the health and safety of the community as determined by the city engineer.

(Prior code Appendix C § 4.2.4)

A. Notice of Public Hearings.

1. Upon receipt of a valid application, completion of the subdivision conference, and having received from the subdivision committee 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 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.

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

3. In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including businesses, corporation 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.

4. 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.

5. 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.

6. 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 the article.

7. 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. However, if an environmental impact report is prepared for the tentative map, the 50 day period specified in this chapter shall not be applicable and the planning commission shall render its report or decision required by this chapter within 45 days after certification of the environmental impact report.

B. Approval.

1. 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 the general plan.

2. The planning commission may modify, add, or delete any of the conditions of approval recommended by the subdivision committee, except conditions required by city ordinance or by the city engineer, related to public health and safety or standards approved by the city engineer.

3. 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 State Subdivision Map Act, this title or other city ordinances, and it shall be the duty of the city clerk to certify the approval.

C. Denial.

1. The tentative subdivision map may be denied by the planning commission on any of the grounds provided by city ordinances or the State Subdivision Map Act. If the planning commission determines that the application for a development permit and tentative map is incomplete it shall notify the applicant in writing and include a list with a thorough description of the specific information needed to complete the application. The applicant shall submit the additional material to the planning commission, which will then determine within 30 days of when the additional material is submitted, whether the application, together with the additional material submitted, is complete.

2. 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, master utility plan and subdivision improvement standards;

c. That the site is not physically suitable for the type development;

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 or substantially and avoidably injure fish or wildlife or their habitat;

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

g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for the access through or use of, property within the proposed subdivision. In this connection, the governing body, may approve a map if it finds that in conformance with the general plan, master utility plan, or specific plan, alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is 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.

D. City Council Review. If the council upon its own motion decides to review the map and conditions, it shall conduct a public hearing after giving public notice. 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 insure 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 the section on denial.

E. 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.

(Prior code Appendix C § 4.2.5)

A. By Subdivider. If the subdivider disagrees with any action by the planning commission with respect to the tentative subdivision map, he or she may, within 10 days of such decision file an appeal with the city clerk. The council shall consider the appeal within 30 days, unless the subdivider consents to a continuance. This appeal shall be a public hearing. In addition, notice shall be given to the subdivider and the planning commission and upon conclusion of the public hearing, the council shall within 10 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 title or the state Subdivision Map Act.

B. 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 shall be filed with the city clerk within 15 days after the action which is subject to the complaint. No complaint shall be considered after the 15 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 filing of the complaint with additional notice being given to the affected interested persons.

(Prior code Appendix C § 4.2.6)

A. Expiration.

1. The approval or conditional approval of a tentative subdivision map shall expire 24 months from the date of the adoption of the resolution by the planning commission approving or conditionally approving the map. An extension to the expiration date may be approved by the planning commission.

2. The period of time specified above 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 if a stay of the time period is approved by the city council. Within 40 days after receiving a request from the subdivider, 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.

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

B. Vesting Tentative Map.

1. The rights conferred by a vesting tentative map as provided by this title shall last for one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for the phase is recorded.

2. The one-year period shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time used by the city to process the application exceeds 30 days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by the planning commission, the subdivider may appeal that denial to the city council within 15 days.

3. If the subdivider submits a complete application for a building permit during the periods of time specified above, the rights conferred by the vesting tentative map shall continue until the expiration of that permit, or any extension of that permit granted by the city.

C. Extensions.

1. 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 subdivision map by written application to the city engineer. 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.

2. Planning Commission Action. The secretary to the planning commission 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 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.

3. 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.

4. Appeal of Conditions of Extension. The subdivider may appeal any action of the planning commission on the extension to the city council within 15 days of such action.

(Prior code Appendix C § 4.2.7)

A. Minor changes in the tentative map 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 and spirit of the original tentative map approval;

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

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

(Prior code Appendix C § 4.2.8)

A. Rights of Vesting Tentative Map.

1. Whenever a provision of this title requires that a tentative map be filed, a vesting tentative map may instead be filed.

2. When the city approves or conditionally approves a vesting tentative map, that approval 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.

3. The city may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:

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

b. The condition or denial is required, in order to comply with state or federal law.

4. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in Section 16.20.070.

B. Vesting Tentative Map Amendments. Any time prior to the expiration of the vesting tentative map pursuant to Section 16.20.070 the subdivider, or his or her assignee, may apply for an amendment to the vesting tentative map.

C. Effect of Inconsistent Zoning on Vesting Tentative Maps.

1. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The planning commission shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

2. The rights conferred by this section shall be for the time periods set forth in Section 16.20.070.

D. Vesting Tentative Map Not Mandatory. If a subdivider does not seek the rights conferred under this section, the filing of a vesting tentative map shall not be prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

E. Compliance With Local, State and Federal Laws. This section, does not enlarge, diminish, or alter the types of conditions which may be imposed by the city on a development, nor in any way diminish or alter the power of the city to protect against a condition dangerous to the public health or safety.

F. Applies to Residential Developments. This section applies only to residential developments.

G. Vesting Tentative Map Fee. The city shall collect a fee for processing a vesting tentative map. This fee shall be payable at time of application and shall be of an amount as established by resolution of the city council.

(Prior code Appendix C § 4.2.9)