Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.020 Council authority to regulate.
17.04.030 Subdivision Map Act applicable—Compliance.
17.04.040 Purpose of provisions—New concepts.
17.04.050 Advisory agency—Planning commission authority.
17.04.060 Public hearing requirements.
17.04.080 Persons who may appeal.
17.04.090 CEQA Guidelines applicable.
17.04.100 Document processing time limits.
17.04.110 Expiration of subdivision approvals—Extensions.
17.04.120 Failure to record maps—Effect.
17.04.010 Short title.
The ordinance codified in this title shall be known and officially cited as the “Subdivision Ordinance of the City of Cloverdale.” (Ord. 435-89 § 1.10, 1989)
17.04.020 Council authority to regulate.
Regulation and control of the design and improvement of all subdivisions are vested in the city council. (Ord. 435-89 § 1.20, 1989)
17.04.030 Subdivision Map Act applicable—Compliance.
For the purpose of promoting the public health, safety, convenience and general welfare, the design, improvement and survey data of subdivisions, and the form and content of tentative, final and parcel maps thereof, and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the Subdivision Map Act, Title 7, Division 2, of the Government Code, as amended from time to time, adopted by the Legislature of the state, and by the additional provisions of this title, and shall comply with the provisions of the general plan and other related ordinances of the city. (Ord. 435-89 § 1.30, 1989)
17.04.040 Purpose of provisions—New concepts.
It is the purpose of this title to encourage new concepts and innovations in the arrangement of building sites within subdivisions. Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technological progress. (Ord. 435-89 § 1.40, 1989)
17.04.050 Advisory agency—Planning commission authority.
A. The planning commission is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act of the state.
B. The planning commission shall have all the powers and duties with respect to tentative, final and parcel maps, and the procedure relating thereto, which are specified by law and by this title. (Ord. 435-89 § 1.50, 1989)
17.04.060 Public hearing requirements.
A. The planning commission, and the city council when appeals are involved, shall hold public hearings on the subdivision prior to making a decision. Public hearings shall be noticed in a manner consistent with Sections 65090 and 65091 of the State Government Code including notice in a newspaper of general circulation serving the community at least ten days in advance of the hearing. The parcel which is the subject of the subdivision shall also be noticed by posting ten days prior to hearing. Property owners within three hundred feet of the parcel to be subdivided as listed on the city’s most current ownership rolls, shall be noticed at least ten days prior to the hearing. The owner of the parcel to be subdivided, or his authorized agent, or any appellant in the case of an appeal, shall be noticed at least ten days prior to the hearing. Any local agency that could be affected by the subdivision shall be notified at least ten days prior to the hearing. The planning commission, or city council when appeals are involved, shall render its decision within ten days of the close of the public hearing.
B. During the public hearings, the planning commission shall accept all testimony, written or verbal, from all parties desiring to express themselves regarding the subdivision. (Ord. 435-89 § 1.60, 1989)
17.04.070 Appeal procedure.
Appeals are available from all subdivision decisions by the planning commission to the city council. Appeals are to be in writing on a form provided by the city including a statement for the reason of the appeal. A fee may be required by the city to cover the costs of appeal processing. Such fee may be set by resolution of the city council. All appeals must be made within ten days of the planning commission’s decision. The subdivider, other interested parties, or the city council may appeal. Appeals must be processed in accordance with the time limits set forth in this title. (Ord. 435-89 § 1.70, 1989)
17.04.080 Persons who may appeal.
For the purpose of this title the class of appellant shall be limited to:
A. Those who have a legal interest in the official property;
B. Those who have submitted evidence into the hearing record; or
C. Those property owners within three hundred feet of the subject property. (Ord. 435-89 § 1.80, 1989)
17.04.090 CEQA Guidelines applicable.
A. All subdivisions shall be subject to the provisions of the State Government Code, Section 21000, otherwise known as the California Environmental Quality Act (CEQA) and associated Guidelines (Section 15000).
B. All subdivisions, unless exempted under CEQA Guidelines, shall be considered projects and shall include, prior to any decision, an initial study and a determination of whether any significant environmental impact will result. The determination of whether a negative declaration or Environmental Impact Report (EIR) is warranted shall be rendered prior to any decision on the subdivision. (Ord. 435-89 § 1.90, 1989)
17.04.100 Document processing time limits.
The city shall process all subdivisions within the time limits set forth below and consistent with the appropriate provisions of the Subdivision Map Act and the California Environmental Quality Act.
A. The planning commission shall render its decision within fifty days of acceptance of the subdivision application, including adoption of any negative declaration.
B. If an environmental impact report is prepared for the tentative or parcel map, the fifty-day period specified above shall not be applicable and the planning commission shall render its decision within forty-five days after certification of the EIR unless subject to a ninety-day extension by mutual consent of the subdivider and the city planning director.
C. When appealed to the city council, the council shall hold the appeal hearing within thirty days of the appeal being filed and shall render its decision within ten days of the close of the public hearing. (Ord. 435-89 § 1.100, 1989)
17.04.110 Expiration of subdivision approvals—Extensions.
Unless extended by the planning commission, all approvals of subdivisions shall expire in accordance with the time limits set forth below.
A. Parcel Maps. Twenty-four months from planning commission (or city council appeal) approval date;
B. Tentative/Final Maps. Twenty-four months from planning commission (or city council appeal) approval date;
C. Extensions. Upon written request by the applicant submitted at least thirty days prior to the expiration of the twenty-four-month approval period an automatic extension of sixty days shall be given in accordance with the Subdivision Map Act. Upon written application to the planning commission, a further twelve-month extension to the approval date may be granted. (Ord. 435-89 § 1.110, 1989)
17.04.120 Failure to record maps—Effect.
Any failure to record a parcel map or final map within two years from the approval or conditional approval of the tentative map, or prior to the expiration of any extension thereof granted, shall terminate all proceedings. (Ord. 435-89 § 1.111, 1989)