Chapter 16.12
SUBDIVISION OF FOUR OR LESS PARCELS--PARCEL MAPS
Sections:
16.12.020 Form and contents, accompanying data, and reports.
16.12.030 Accompanying data and reports.
16.12.040 Geotechnical reports.
16.12.070 Action by the planning commission.
16.12.080 Appeals of planning commission action.
16.12.090 Expiration and extensions.
16.12.100 Amendments to approved or conditionally approved tentative map.
16.12.010 General.
The form and contents, submittal and approval of applications for the tentative parcel maps for four or less parcels shall be governed by the provisions of this chapter.
An application for approval of a tentative parcel map pursuant to this chapter shall not be submitted nor accepted for filing unless the subdivider has previously obtained all other necessary discretionary city approvals for the development that are required pursuant to the applicable provisions of this code. (Ord. 808 (part), 2001)
16.12.020 Form and contents, accompanying data, and reports.
A tentative parcel map shall be prepared in a manner acceptable to the department by a registered civil engineer, a licensed land surveyor, or other property owner agent. The tentative parcel map shall be clearly and legibly drawn and shall contain not less than the following:
A. A title which shall contain the parcel map number, parcel map name, and type of parcel map;
B. Name and address of legal owner, subdivider, and person preparing the map, including registration or license number;
C. Sufficient legal description to define the boundary of the proposed parcel map;
D. The names and numbers of adjacent subdivisions and the names of the owners of adjacent unplatted land;
E. Date, north arrow, scale, contour interval, and source and date of existing contours;
F. A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future;
G. A vicinity map showing roads, adjoining subdivisions, county areas, creeks, and other data sufficient to locate the proposed parcel map and show its relation to the community;
H. Existing topography of the proposed site and at least fifty feet beyond its boundary, including but not limited to:
1. Existing contours at two-foot intervals if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes equal or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines,
2. Type, circumference, and dripline of existing trees with a trunk diameter of four inches or more. Any trees proposed to be removed shall be so indicated,
3. The location and outline of existing structures identified by type. Structures to be removed shall be so indicated,
4. The approximate location of all areas of potential storm water overflow; the location, width, and direction of flow of each water course; and the flood zone designation as indicated on the Flood Insurance Rate Map (“FIRM”),
5. The location, pavement, and right-of-way width; grade; and name of existing streets or highways,
6. The widths, location, and identity of all existing easements,
7. The location and size of existing sanitary sewers, fire hydrants, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The locations of existing sewers and storm drains shall be indicated. The location of all existing overhead and underground utility lines on peripheral streets shall be indicated;
I. Proposed improvements to be shown shall include but not be limited to:
1. The location, grade, centerline radius, and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated,
2. The location and radius of all curb returns and cul-de-sacs,
3. The location, width, and purpose of all easements,
4. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,
5. The approximate lot layout and the approximate dimensions of each lot and 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, the number of each lot, and the elevation of adjacent parcels,
6. Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes of ten percent or more. A separate grading plan may be submitted,
7. Proposed recreation sites, trails, and parks for private or public use,
8. Proposed common areas to be dedicated to public open space,
9. The location and size of sanitary sewers, fire hydrants, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. The proposed routing of storm water runoff generated by a one hundred year flood shall also be indicated in accordance with the city storm drain master plan,
10. A statement as to the intention of the subdivider in regard to slope planting and erosion control;
J. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;
K. The size of the tentative parcel map shall be at least eleven inches by seventeen inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch to one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings;
L. The subdivider shall specify any deviation from the city standards and provide the justification for such deviation;
M. Upon written request of the subdivider, the department may waive any of the above tentative parcel map requirements if the department determines that the type of parcel map does not justify compliance with these requirements, or if the department determines that other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this chapter. (Ord. 808 (part), 2001)
16.12.030 Accompanying data and reports.
The tentative parcel map shall be accompanied by the following data reports:
A. Street Names. A list of proposed street names for any unnamed street or alley for review by the department;
B. Soils Report. A preliminary soils report prepared in accordance with the provisions of the Uniform Building Code (adopted herein by reference) and Section 16.08.040 may be required to be submitted. 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 parcel map;
C. Title Report. A preliminary title report, acceptable to the department, showing the legal owners at the time of filing the tentative parcel map;
D. Environmental Review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents;
E. Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations;
F. Other Reports. Any other data or reports deemed necessary by the department. (Ord. 808 (part), 2001)
16.12.040 Geotechnical reports.
A. If determined to be necessary, three copies of preliminary engineering soils report and engineering geology report, prepared by a civil engineer and engineering geologist registered in the state and based upon adequate borings, shall be submitted to the community development director. Such need shall be based on a finding that there are facts associated with the land to be divided that there are slope, soil stability, historic cut or fill activity, erosion, or other similar factors evident which require a geotechnical analysis.
B. If the city has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, could lead to structural defects, a soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the state who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the parcel map, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.
C. Where preliminary soils and/or geology reports are prepared, final reports shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements. (Ord. 808 (part), 2001)
16.12.050 Street names.
Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative parcel map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the city for the approval in accordance with current city street-naming policies. The approved street name shall be shown on the tentative map. (Ord. 808 (part), 2001)
16.12.060 Department review.
The tentative parcel map application shall be filed with the department for review in accordance with the provisions of Section 16.08.060. (Ord. 808 (part), 2001)
16.12.070 Action by the planning commission.
A. Upon receipt of a tentative parcel map application that is determined by the department to be complete, the department shall prepare a report and set the matter for a public hearing before the planning commission in accordance with the provisions of Section 16.08.070(A), or before the planning commission in accordance with subsection B of this section.
B. The tentative parcel map may be approved, conditionally approved, or denied by the planning commission, as the case may be, in accordance with the provisions and findings set forth in Section 16.08.070(B), (C) and (D). (Ord. 808 (part), 2001)
16.12.080 Appeals of the planning commission action.
Appeals of the planning commission action with respect to the tentative parcel map shall be made to the city council in accordance with the provisions of Section 16.08.100. (Ord. 808 (part), 2001)
16.12.090 Expiration and extensions.
The approval or conditional approval of a tentative parcel map shall expire twenty-four months from its approval by the planning commission or city council whichever occurs last, unless the expiration date is extended in accordance with the provisions of Section 16.08.120, except that the planning commission shall be responsible for the review of the request. The planning commission may approve, conditionally approve, or deny the request for an extension. The subdivider or any interested person adversely affected may appeal the action of the planning commission and then to the city council in accordance with the provisions of Section 16.08.120. (Ord. 808 (part), 2001)
16.12.100 Amendments to approved or conditionally approved tentative parcel map.
Amendments to the approved or conditionally approved tentative parcel map or conditions of approval shall be made in accordance with Section 16.08.130; provided that amendments which, in the opinion of the department, are not minor, shall be presented to the planning commission for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 808 (part), 2001)
16.12.110 Waiver of parcel map requirements and waiver of tentative and final maps for condominium project on single parcel.
The planning commission may, at its discretion, waive all or part of the requirements for a tentative and 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;
B., Division of real 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, etc.;
C. Division of real property which has been merged pursuant to this title, the Subdivision Map Act, or any prior ordinance of the city;
D. Any other division of real property which would otherwise require a parcel map.
The planning commission shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this title, this code and the general plan.
Upon waiver of the parcel map requirement, or the tentative and parcel map requirement, pursuant to this section, the city engineer shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with Section 16.25.020, and a plat map showing the division. The certificate shall include a tax certificate by the county tax collector in accordance with Section 16.10.060(D).
A waiver by the planning commission may be conditioned to provide for, among other things, payment by the subdivider for parkland dedication, drainage, and other fees that are permitted by law by a method approved by the planning commission.
If any waiver is approved or conditionally approved pursuant to this section, the department shall make a written report thereof to the city council. Any member of the city council shall have the right to call up that waiver approval for review by a written request to the community development director within ten days of the final action by the planning commission. If the city council decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Section 16.08.070 (A). In addition, notice shall be held within thirty days after the date of the request for review. The city council may add, modify, or delete conditions if the city council determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act and this code. The city council may deny the waiver on any of the grounds contained in this chapter. Within ten days following the conclusion to the hearing, the city council shall render its decision. If the city council does not act within the time limits set forth in this section, the waiver shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the general plan. (Ord. 808 (part), 2001)
16.12.120 Parcel maps.
Upon approval of a tentative parcel map, the subdivider shall prepare a parcel map for city approval and filing. The form and content, submittal, approval, and filing of parcel maps shall conform to the provisions of the Subdivision Map Act and the following:
A. 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. The allowable error of closure on any portion of the parcel map shall not exceed one-ten-thousandth for filed closures and one-twenty-thousandth for calculated closures.
B. Form and Contents. The form and content of the parcel map shall conform to the final map form and contents requirements of Sections 6.10.040 and 16.10.050.
C. 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 by Section 16.10.060.
The city engineer may waive any of the requirements if the location and nature of the proposed subdivision does not justify compliance with the requirements of Section 16.10.060
D. Review by City Engineer. The city engineer shall review the parcel map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the city engineer. Parcel map checking and review fees shall be charged by the city engineer in accordance with a resolution adopted by the Lakeport city council.
E. Review and Approval by City Council. The city council shall review the parcel map and the subdivider shall make corrections and/or additions until the map is acceptable to the city council. The subdivider shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the city council. The city clerk or authorized agent shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the approved parcel map to the county recorder.
The city council 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. (Ord. 830 §1(part), 2004; Ord. 808 (part), 2001)