Chapter 16.16
APPLICATIONS FOR SUBDIVISIONS
Sections:
16.16.020 Application – Filing.
16.16.030 Application – Completion.
16.16.040 Environmental impact assessment.
16.16.050 Preliminary soils, percolation and geologic report requirements.
16.16.090 Planning commission action.
16.16.100 Extension of time limitation.
16.16.110 Administrative approval.
16.16.120 City council action.
16.16.140 Coastal development permit.
16.16.150 Subdivision agreement.
16.16.160 Improvement security.
16.16.170 Expiration of approval.
16.16.180 Parcel and final map submission.
16.16.190 City council action on parcel and final maps.
16.16.200 Parcel maps – County recorder.
16.16.010 Generally.
This chapter shall govern the procedures to be followed by both the applicant and the city in processing subdivision applications. [Ord. 163 § 4.01, 1981].
16.16.020 Application – Filing.
An application for subdivision shall be filed with the city clerk. Twelve prints of either the preliminary or tentative subdivision map shall be filed concurrently. The city clerk may require additional prints if necessary. [Ord. 163 § 4.02, 1981].
16.16.030 Application – Completion.
An application shall not be considered complete until all required information is submitted. The filing of an application and maps does not preclude the securing of additional information necessary for the proper review of said map nor does it ensure that the map complies with this chapter or the Subdivision Map Act. [Ord. 163 § 4.03, 1981].
16.16.040 Environmental impact assessment.
A. An application for subdivision to be filed pursuant to the provisions of this chapter shall not be accepted by the city clerk unless accompanied by an environmental impact assessment prepared by the applicant. The subdivision shall not be approved until either a negative declaration or environmental impact report (EIR) is prepared, processed, and considered in accordance with the California Environmental Quality Act.
B. The applicant shall furnish the city with the environmental impact assessment and EIR, if required, and all additional information which may be required during the environmental review process. The applicant shall also pay a fee for the processing of the environmental review documents.
C. The subdivision application will not be complete until all requested information is submitted to the city clerk. [Ord. 163 § 4.04, 1981].
16.16.050 Preliminary soils, percolation and geologic report requirements.
A. A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the city engineer for every subdivision. This requirement may be waived when, due to the knowledge available to the city engineer as to the quality of soils within the subdivision, it is determined that no preliminary analysis is necessary. This waiver is not available for subdivision proposals in the open space and special environment zones and in areas shown as unstable, questionable stability and clayey soils in the general plan.
B. If the city engineer has knowledge of, or the preliminary soils report indicates the presence of, critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soils investigation of affected lots in the subdivision shall be required by said official. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.
The soils engineer shall monitor construction of that part of the work pertaining to his recommendations and shall certify that the work was done in conformance with his recommendations.
C. The city engineer may require that a geologic report, prepared by a California registered geologist and based upon an on-site investigation and adequate test borings, be prepared for a proposed subdivision. This report shall be required for subdivision proposals which lie within the “unstable,” “questionable stability,” or “clayey soils” areas identified in the general plan.
D. 1. A soils percolation test shall be performed for each parcel within a proposed subdivision. The results of the percolation test, a sewage disposal system design and a soils profile shall be submitted to the city clerk and the subdivision application will not be complete until this information is received.
2. The city engineer shall approve the leach field design, in writing, prior to action by the planning commission on the subdivision proposal.
E. The city council may approve the subdivision or portion thereof where such soils or geologic problems exist, if it determines that the recommended action will not result in structural damage, increased public costs, or unreasonable risks for adjacent property owners. Approval of a subdivision may include a requirement that building permits on affected lots include, as a condition, the approved mitigation measures. [Ord. 163 § 4.05, 1981].
16.16.060 Cost analysis.
The subdivider shall provide a brief cost analysis of the development which identifies expenses and incomes to the city as a result of the approval of a proposed subdivision. This requirement shall apply only to subdivisions which require a final map. [Ord. 163 § 4.06, 1981].
16.16.070 Map distribution.
The city clerk shall within three days of submittal distribute a copy of a proposed subdivision to all responsible agencies and/or persons charged with the review of those proposals. [Ord. 163 § 4.07, 1981].
16.16.080 Public notice.
For public hearings held pursuant to this title, the following notification method shall be required:
A. The applicant shall furnish to the city clerk one stamped envelope addressed to the owner of each parcel within 100 feet from each boundary of the subject property. The envelopes may be addressed to “owner” at the mailing address of the parcel as ascertained from the records of the county assessor. The city clerk shall use the envelopes to mail notice of the time, place and purpose of the hearing at least 10 working days before the date of the hearing. The notice shall include a copy of the application showing the file number, the date, time and place at which the application will be heard, and an explanation of the general procedure of the city concerning hearings and action on applications. In addition to mailing notice to all those for whom envelopes have been provided, the city clerk shall provide notice to the applicant. The applicant shall also be responsible for the notification of those persons residing within 100 feet of the proposed development parcel and to all persons known or thought by the clerk to have a particular interest in the application, including the Coastal Commission.
B. At the time the application is submitted to the city clerk the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the subject property, notice that an application has been submitted to the city. The city shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting no less than 10 working days prior to the hearing, or it is determined that the application is incomplete, the city clerk shall withdraw the application from consideration and shall not mail out the hearing notices.
C. For actions initiated by the planning commission or city council the city clerk shall provide notice as prescribed above and shall publish in a newspaper of general circulation in the city, at least 10 working days prior to the hearing, one notice of the time, place and purpose of the public hearing; provided, however, that if the size of the subject area would require mailing notice to more than 50 property owners such notice may be inserted in the water bill mailing. The city clerk shall place in the file a written declaration of the means of notification used and certification of the date notification was mailed, posted or published. Other means of notification, in addition to that required herein, may be used by the planning commission if deemed advisable. [Ord. 163 § 4.08, 1981].
16.16.090 Planning commission action.
The planning commission shall, after receiving written notification from the city clerk that the subdivision application is complete and after receiving recommendations from all agencies or persons contacted, schedule a public hearing to receive comments on the proposed subdivision. The planning commission shall, after completion of the public hearing, either recommend approval, conditional approval, or disapproval of all preliminary and tentative subdivision maps. This review shall be completed and decision reached no sooner than 10 working days and no later than 50 days after the planning commission’s decision can be appealed as per TMC 16.16.130. [Ord. 163 § 4.09, 1981].
16.16.100 Extension of time limitation.
With the written consent of the record owner, the city council may approve extensions in the preliminary and tentative subdivision map review and decision-making process if it is concluded that unusual or unforeseen circumstances require additional time to properly review the map. Such extensions shall not exceed a total of 12 months. [Ord. 163 § 4.10, 1981].
16.16.110 Administrative approval.
If no action is taken upon a preliminary or tentative subdivision map by the planning commission within the time limit specified in this title or any authorized extension thereof, approval of the preliminary or tentative subdivision filed shall be recommended to the city council, insofar as it complies with other applicable requirements of this title and the Subdivision Map Act. The city clerk shall certify such recommendation. [Ord. 163 § 4.11, 1981].
16.16.120 City council action.
The city council shall, within 30 days after receiving a recommendation from the planning commission, review and either approve, conditionally approve, or disapprove all subdivision proposals.
This decision shall be based upon compliance with all city ordinances, the Trinidad general plan and the Subdivision Map Act. The city council shall deny approval of a subdivision proposal if it makes a finding included in Section 66474 of the Subdivision Map Act or if the city cannot supply water to all proposed lots. When imposing conditions of approval for minor subdivisions the council shall make a finding that the construction requirements are necessary for reasons of:
A. The public health and safety; or
B. The required construction is a necessary prerequisite to the orderly development of the surrounding area. [Ord. 163 § 4.12, 1981].
16.16.130 Appeals.
A. Appeal of any determination of the city staff or planning commission under this title or the Subdivision Map Act must be made in writing to the city clerk within 10 working days from the date of city staff or planning commission action. The appeal may be filed by the applicant or by any person or agency aggrieved by such action.
B. Both the planning commission and city council shall, upon receiving notice of appeal, schedule a public hearing per TMC 16.16.080 at the next regular monthly meeting occurring at least 15 working days after the date the appeal is received by the city clerk. The planning commission and city council shall either sustain, modify, or reject the action of the city engineer or planning commission within seven calendar days of the appeal hearing. Action by the city council on an appeal shall be final except where the subject property is located within the area where coastal development permits may be appealed to the State Coastal Commission pursuant to Section 30603 of the California Coastal Act. [Ord. 163 § 4.13, 1981].
16.16.140 Coastal development permit.
A coastal development permit, as defined in the Coastal Act of 1976, shall be deemed to have been issued by the city upon the granting of approval or conditional approval of a preliminary or tentative subdivision map if such action is not appealed. The granting of the permit shall become effective 10 working days after approval and adoption of findings, unless an appeal is filed to the California Coastal Commission within that time pursuant to Section 30603 of the Coastal Act. All local appeals must first be exhausted. If a valid appeal is filed the city approval shall be of no force and effect until the appeal has been decided by the Coastal Commission. Within five working days of receipt of notice from the Coastal Commission of the filing of a valid appeal, the city clerk shall deliver to the Commission staff all relevant documents and materials used by the planning commission and city council in their deliberations. [Ord. 163 § 4.14, 1981].
16.16.150 Subdivision agreement.
The subdivider shall enter into an agreement with the city after approval of a preliminary or tentative subdivision map, which will specify requirements to be fulfilled prior to the subdivision’s recordation. This agreement may include improvement bonding as provided for in TMC 16.16.160. The city council may waive this agreement requirement if deemed unnecessary. [Ord. 163 § 4.20, 1981].
16.16.160 Improvement security.
The subdivider shall either complete the improvements required by the city prior to approval of a parcel or final map, or enter into an improvement security agreement with the city. The agreement and bonding procedure shall conform to Section 66462 and Chapter 5 of the Subdivision Map Act. [Ord. 163 § 4.21, 1981].
16.16.170 Expiration of approval.
A. An approved or conditionally approved preliminary or tentative subdivision map shall expire 12 months after its approval or conditional approval, or after such additional period of time as may be granted by the planning commission, but not to exceed an additional 18 months.
B. The expiration of the approved or conditionally approved preliminary or tentative subdivision map shall terminate all proceedings and no parcel or final map of all or any portion of the real property included within such tentative map shall be filed without first processing a new preliminary or tentative subdivision map. [Ord. 90-204 § 2(T), 1990; Ord. 163 § 4.30, 1981].
16.16.180 Parcel and final map submission.
Parcel and final maps shall be submitted to the city clerk when complete. The map will be complete when all necessary certificates have been signed, and notarized if required, except for the recorder’s and clerk’s certificates, and all conditions of approval have been fulfilled. [Ord. 163 § 4.40, 1981].
16.16.190 City council action on parcel and final maps.
The city council shall within 30 days approve the map if it conforms to all of the requirements of this title, the Trinidad general plan, and the Subdivision Map Act, and all of the conditions of approval shall have been met. If the map does not conform it shall be disapproved. [Ord. 163 § 4.41, 1981].
16.16.200 Parcel maps – County recorder.
The city clerk shall transmit parcel maps approved by the city to the Humboldt County recorder. Approved final maps shall be transmitted to the clerk of the Humboldt County board of supervisors for ultimate transmittal to the county recorder. [Ord. 163 § 4.42, 1981].