§ 16.12

The provisions in Section 16.10.030 of this title shall apply.

(Ord. 744 § 1 (part), 2005)

16.12.030 - Appeals.

The provisions in Section 16.10.040 shall apply.

(Ord. 744 § 1 (part), 2005)

16.12.040 - (Reserved)

16.12.050 - Time limits, extensions and expirations.

The provisions in Section 16.10.050 shall apply.

(Ord. 744 § 1 (part), 2005)

16.12.060 - Review by other agencies.

The provisions in Section 16.10.060 shall apply.

(Ord. 744 § 1 (part), 2005)

16.12.070 - Tentative parcel map.

A.

General. The submittal and approval of tentative parcel maps for four or fewer parcels shall conform to the provisions of Chapter 16.10 of this title. The map shall be prepared by a registered civil engineer or licensed land surveyor.

B.

Form and content, accompanying data and reports. The tentative map shall be prepared in a manner acceptable to the department by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of Section 16.10.070 and the accompanying data and reports shall comply and be consistent with Section 16.10.080. The department may require additional information or may waive any of these requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that a waiver is justified.

C.

Department review. The provisions of Section 16.10.090 shall apply.

D.

Action by the subdivision committee. After the conclusion of the public hearing, the subdivision committee shall approve, conditionally approve, or deny the tentative map in the manner set forth in Section 16.10.090.

E.

Amendments. The provisions in Section 16.10.100 shall apply.

(Ord. 744 § 1 (part), 2005)

16.12.080 - Parcel maps.

A.

General. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this section and the Subdivision Map Act.

B.

Survey 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, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey.

C.

Form. The form of the parcel map shall conform to final map form requirements as set forth in Section 16.10.160.

D.

Contents. The contents of the parcel map shall conform to final map content requirements as set forth in Section 16.10.170 of this title. In a subdivision of four or fewer lots, if fulfillment of construction requirements is being deferred under Chapter 16.16, the parcel map shall contain a statement which reads substantially as follows:

Notice: Certain off-site and/or on-site improvements are required in connection with these lots. (City of Rohnert Park File Number _______) No person may obtain a building permit for any lot on this map until all of the required improvements are completed or financial security has been posted with the city to assure completion prior to building occupancy.

E.

Preliminary Submittal. The subdivider shall submit prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps.

F.

The city engineer may waive any of the requirements if the location and nature of the proposed subdivision or existing documentation demonstrates that compliance with the requirements of Section 16.10.080 is not necessary.

G.

Review by city engineer. The city engineer shall review the parcel map and the subdivider's engineer shall make corrections and/or additions until the map is acceptable to the city engineer. The sub-divider's

engineer shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the statements on the map, to the city engineer.

H.

Approval by city engineer. The city engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof.

I.

Filing with the county recorder. The city clerk or authorized agent shall file the approved parcel map directly with the county recorder.

(Ord. 744 § 1 (part), 2005)

A subdivider may file an application for a waiver of the requirements for a tentative and/or parcel map in a form acceptable to the director. The director may waive the parcel map for the following:

A.

Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

B.

A division of property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights of way or easements for streets, sewers, utilities, drainage, or other facilities or any other division of real property which would otherwise require a parcel map.

C.

Upon receipt of an application for a parcel map waiver, the director shall give notice in the manner provided by Section 16.10.030.

D.

The director may waive the parcel map as provided in this section only upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local ordinance and the Subdivision Map Act.

E.

The director shall act upon the application for a parcel map waiver with sixty days after the application is deemed complete.

F.

The director shall deny the parcel map waiver if all public improvements have not been constructed.

G.

Upon waiving the parcel map requirement, the director shall cause to be recorded with the county recorder a "Certificate of Compliance" for the land to be divided, a plat map showing the division and a legal description of the parcels.

1.

The certificate shall include a statement regarding payment of taxes for signature by the county clerk.

2.

A parcel map waived by the director may be conditioned to provide for payment of park land dedication, drainage, and other fees by a method approved by the director.

H.

lf the director denies an application to waive a parcel map, the subdivider may apply for a tentative and parcel map in accordance with this chapter.

(Ord. 744 § 1 (part), 2005)

Chapter 16.14 - DEDICATION AND RESERVATIONS

16.14.010 - Dedication of rights-of-way and easements.

A.

Every street, walkway, drainage channel, reserve strip (or waiver of access rights), easement, and other right-of-way shown on the final or parcel map intended for public use shall be offered for dedication at the time the final or parcel map is filed.

B.

When property is dedicated in fee for public purposes, other than for open space, parks or schools, the city shall record with the county recorder a certificate, attached to the map, which contains:

1.

The name and address of the subdivider;

2.

A legal description of the dedicated property; and

A statement that the city shall reconvey the property if the city determines that the public purpose or the need for the property no longer exists.

C.

The subdivider shall provide rights-of-way and easements for all on-site and off-site streets, utilities, sidewalks and appurtenant landscaping. The subdivider shall pay all acquisition costs.

D.

If any off-site rights-of-way or easements are required:

1.

The subdivider shall enter into the city's standard right-of-way agreement which specifies how and when the necessary title to an interest in the land shall be acquired. The subdivider shall enter into this agreement before the first plan check of the map and improvement plans are submitted to the city.

2.

Before city council approval of the final map, one of the following must have occurred:

a.

The city has received signed deeds for all off-site rights-of-way and easements; or

b.

The subdivider has executed the standard city contract for real property acquisition and deposited the estimated acquisition costs into a city trust account, and the subdivider has formally requested and the city council has approved a resolution of intent to use its powers of condemnation to acquire the rights-of-way and/or easements.

(Ord. 744 § 1 (part), 2005)