Chapter 22.20
PROCEDURES
Sections:
22.20.010 Filing of tentative maps.
22.20.012 Filing of vesting tentative maps.
22.20.016 Public works review fees.
22.20.017 Payment for public works review fees.
22.20.020 Notice and public hearing.
22.20.025 Approval body for tentative subdivision maps.
22.20.032 Approval body for vesting tentative maps.
22.20.036 Approval body – Boundary line adjustments.
22.20.037 Appeals of actions of the planning director related to boundary line adjustments.
22.20.045 Appeals or complaints of actions by the planning commission.
22.20.060 Expiration of tentative map approval.
22.20.070 Special procedures for final parcel maps.
22.20.071 Sale of designated remainder.
22.20.075 Waiver of final parcel maps.
22.20.076 Waiver of parcel maps for condominiums.
22.20.095 Extensions of time for related entitlements.
22.20.005 Applications.
The planning director shall adopt rules to implement the various processes generally set forth in this title and the Subdivision Map Act. The rules shall apply to, but not be limited to, instructions for preparing and completing applications for parcel maps, subdivision maps, certificates of compliance, reversions to acreage, and compliance with the California Environmental Quality Act. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.20.010 Filing of tentative maps.
Applications for tentative subdivision maps and tentative parcel maps shall be filed with the planning and community development department and shall be processed in accordance with the Subdivision Map Act, the provisions of this title and the rules prepared by the planning director as authorized in RCMC 22.20.005. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983; SCC 192 § 7 (part), 1978].
22.20.012 Filing of vesting tentative maps.
The minimum requirements for filing a vesting map are set forth in this title, commencing with RCMC 22.25.010. Applications for vesting maps shall be filed with the planning and community development department and shall be processed in accordance with the Subdivision Map Act, the provisions of this title and the rules prepared by the planning director in RCMC 22.20.005. A proposed division of land which otherwise requires a tentative parcel map may instead be submitted for approval as a vesting tentative subdivision map whenever the subdivider desires the rights conferred by a vesting map. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 2, 1986].
22.20.015 Fees.
The city council shall by resolution adopt, and from time to time amend, a fee schedule which shall provide for, but not be limited by this reference to, the processing of all maps, appeals, complaints, reversions, certificates, lot line adjustments, or notices, as required by this title or the Subdivision Map Act. Such fee schedule may include a component for work accomplished by the assessor pursuant to RCMC 22.40.040. The fees provided for in this section shall not be applicable to maps or records of survey reviews which are initiated by the city council or by an approval body. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0921 § 1, 1993; SCC 574 § 2, 1983].
22.20.016 Public works review fees.
A fee shall be paid by the applicant to the city for parcel map review, final map review, and record of survey review services performed by the city. The fee for these services shall be in the amount of the direct costs incurred by the city based on the hourly rate of the personnel performing the services. This hourly rate shall include all overhead costs. These fees shall not be applicable to maps or records of survey reviews which are initiated by the city council or by an approval body. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0827 § 2, 1991].
22.20.017 Payment for public works review fees.
A minimum deposit of $300.00 shall be paid by the applicant upon the submittal of parcel map review documents. A minimum deposit of $500.00 shall be paid by the applicant upon the submittal of final map review documents. In the event the cumulative accrued charges exceed the above minimums, the city shall submit monthly billings to the applicants for costs incurred to date of billings in excess of the minimum deposits required. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
22.20.020 Notice and public hearing.
A. Tentative Subdivision Maps. The approval body shall hold a public hearing on each application for a tentative subdivision map and notice thereof shall be given as provided in Section 66451.3 of the Government Code. Any person may appear at such hearing and shall be heard.
In addition to the notice required by Section 66451.3, notice shall also be given at least 10 days in advance of the public hearing as required and authorized in Section 66451.4, except that notices shall be given to owners of property within 500 feet of the property which is the subject of the application, and the approval body secretary shall not post such notice.
B. Vesting Tentative Subdivision Maps. The city council and appropriate planning commission shall hold public hearings on each application for a vesting map and notice thereof shall be given as provided in Section 66451.3 of the Government Code. Any person may appear at such hearings and shall be heard.
In addition to the notice required by Section 66451.3 of the Government Code, notice shall also be given at least 10 days in advance of the public hearings as required or authorized in Section 66451.5 of the Government Code, except that notice shall be given to owners of property within 500 feet of the property which is the subject of the application, and the approval body secretary or planning commission secretary shall not post such notice.
C. Tentative Parcel Map. Notice shall be given as provided for tentative subdivision maps in subsection (A) of this section.
D. Condominium, Community Apartment, and Stock Cooperative Projects. In addition to any other notice, for projects involving the conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, notice shall be given by first class mail to each tenant of the subject property at least 10 days in advance of the public hearing. Such notice shall include notification to each tenant of his right to appear and be heard. The city council deems first class mail notice to be equivalent to the “legal requirements for service by mail” as required by Section 66451.3 of the Government Code.
E. Merger. Notice of hearing on the issue of whether or not a merger of property has occurred shall be in accordance with Chapter 22.140 RCMC. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 3, 1986; SCC 574 § 2, 1983].
22.20.025 Approval body for tentative subdivision maps.
Except as provided in RCMC 22.20.033, the planning commission is designated as the approval body as to all matters relating to tentative subdivision maps, and said commission is charged with the duty to approve, conditionally approve, recommend approval or disapprove such tentative subdivision maps. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.20.032 Approval body for vesting tentative maps.
The Rancho Cordova city council is the approval body as to all matters relating to vesting maps. The planning commission, after a public hearing, shall forward a recommendation to the city council on all vesting maps. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A), (M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 4, 1986].
22.20.033 Approval authority for tentative subdivision maps which utilize less than one-half of allowed density.
The Rancho Cordova city council is the approval authority as to all matters pertaining to subdivision maps involving 20 or more units which utilize less than one-half of allowed density as set forth in Section 201.028.1 and 2 of the zoning code. The planning commission, after a public hearing, shall act as approval body and shall forward a recommendation to the city council. [Ord. 38-2007 § 1 (Exh. 1(A), (M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1374 § 2, 1990].
22.20.036 Approval body – Boundary line adjustments.
The planning director is designated as the approval body for all matters related to boundary line or lot line adjustments where the project has been determined to be categorically exempt pursuant to CEQA and will not result in any changes in land use density. All other requests for boundary line or lot line adjustments shall be heard by the subdivision review committee acting as the approval body, including any proposals which are determined to require an initial study and either a negative declaration or environmental impact report (EIR) pursuant to CEQA. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0998 § 2, 1995].
22.20.037 Appeals of actions of the planning director related to boundary line adjustments.
The applicant or any interested person adversely affected by any action of the planning director relating to the provisions of RCMC 22.20.036 may appeal the action within 15 days of the date of the decision. A hearing on the appeal shall be held by the subdivision review committee acting as the appeals board, notice of which hearing shall be given in the same manner as notice originally required for the action before the planning director. Any hearing may be continued from time to time. Notwithstanding any other provisions of this title, all actions of the subdivision review committee pursuant to this section shall be final for all purposes. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0998 § 3, 1995].
22.20.045 Appeals or complaints of actions by the planning commission.
A. The subdivider may appeal from any action of the planning commission acting as an approval body with respect to a tentative subdivision map or tentative vesting map by filing a written notice of appeal with the clerk of the city council within 10 calendar days of the date of the decision. Such appeal and the public hearing thereon shall be conducted in the manner prescribed in Section 66452.5 and RCMC 22.20.020.
B. Any interested person adversely affected by a decision of the planning commission acting as an approval body relating to a tentative subdivision map or tentative vesting map may file a complaint with the clerk of the city council concerning such decision. Any such complaint shall be filed within 10 days after the action which is the subject of the complaint. The city council may, in its discretion, reject the complaint within 15 days or set the matter for public hearing. If the city council rejects the complaint, the complainant shall be notified of such action. If the matter is set for public hearing, the public hearing shall be conducted and notice thereof given as provided by Section 66451.3 and RCMC 22.20.020.
C. Any interested person, including the subdivider, may appeal any decision of the planning commission acting as an approval body, except as otherwise provided in subsections (A) and (B) of this section, within 15 days of the date of the decision. Such appeal shall be in writing and shall be directed to the clerk of the city council. The city council shall conduct a public hearing on the appeal and notice thereof shall be given as required by RCMC 22.20.020. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 5, 1986, SCC 574 § 2, 1983].
22.20.060 Expiration of tentative map approval.
A. Tentative Subdivision Map. The approval or conditional approval of a tentative subdivision map shall expire 36 months from the date the map was approved or conditionally approved.
B. Vesting Tentative Subdivision Map. The approval or conditional approval of a vesting map shall expire 36 months from the date the map was approved or conditionally approved.
C. Tentative Parcel Map. The approval or conditional approval of a tentative parcel map shall expire 36 months from the date the map was approved or conditionally approved.
D. Effect of Map Modification. Modification of a tentative subdivision map, vesting tentative map, or tentative parcel map after approval or conditional approval shall not extend the time limits imposed by this section.
E. Effect of Expiration of Map. The expiration of the approved or conditionally approved tentative subdivision map, vesting tentative map, or tentative parcel map shall terminate all proceedings, and no final map or final parcel map for all or any portion of the real property included within the tentative subdivision map, vesting tentative map, or tentative parcel map shall be filed without first processing an application for a new tentative subdivision map, vesting tentative map, or tentative parcel map. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 6, 1986; SCC 574 § 2, 1983].
22.20.065 Moratorium.
The periods of time specified in this title for which an approved tentative parcel map, tentative subdivision map, or vesting tentative map shall be valid shall not include:
A. Any period of time during which a development moratorium imposed after the approval of the map is in existence; provided, however, that the length of such moratorium does not exceed five years. Once such moratorium is terminated, the approved map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed; provided, however, that in no instance shall the map be valid for less than 120 days after termination of the moratorium.
B. 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 parcel map or a tentative subdivision map if a stay of such time period is approved by the city council. Upon receipt of service of the initial petition or complaint, the clerk of the city council shall notify the subdivider of the service of the petition or complaint. The subdivider may, within 10 days of the receipt of the petition or complaint by the city council, apply to the city council for a stay. The request for stay shall be processed in the same manner as an appeal of an action of the planning commission; however, the city council shall, within 40 days of receipt of the request, hear the matter and either stay the time period for up to five years or deny the requested stay. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 651 § 7, 1986; SCC 574 § 2, 1983].
22.20.070 Special procedures for final parcel maps.
A. A final parcel map shall be filed and recorded for any subdivision for which a tentative subdivision and final subdivision map is not required by the Subdivision Map Act except for subdivisions created by short-term leases (terminable by either party or not more than 30 days’ notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the city council based on substantial evidence that public policy necessitates such a map, this exception shall not apply. The final parcel map shall not be required for any conveyance or agreement made solely for the purpose of correcting, confirming or relocating a boundary common to abutting lots or parcels; provided, that the resulting lots comply with the provisions of this title and the zoning code and that no additional lot is created. The boundary line adjustment shall be approved by resolution.
The final parcel map shall meet all of the requirements of the Subdivision Map Act and this title and shall show all dedications or offers of dedications thereon. An approval body or the city council may require that such dedications or offers of dedications be made by deed in lieu of, or in addition to, those appearing on the map.
B. When a final parcel map is required by this title, a tentative parcel map shall first be filed and approved by the approval body. A tentative parcel map shall meet all of the requirements for tentative maps provided by the Subdivision Map Act and this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.20.071 Sale of designated remainder.
A designated remainder may subsequently be sold without any further requirement of the filing of a parcel map or final subdivision map if a certificate of compliance or conditional certificate of compliance is issued by the appropriate authority. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0712 § 4, 1988].
22.20.075 Waiver of final parcel maps.
An approval body may waive the requirements for the recordation of a final parcel map in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident or where each of the lots has a gross acreage of 40 acres or more or each of which is a quarter-quarter section or larger. The approval body may grant the waiver and will issue a certificate of compliance if:
A. The subdivider files an application with the director, including any fees required, verifying the existence of monumentation in the installation of street improvements;
B. The application contains a legal description for each of the lots to be created; and
C. The approval body finds 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 title. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.20.076 Waiver of parcel maps for condominiums.
The planning commission or the city council may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a residential condominium project on a single lawful parcel. The director of public works may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a commercial or industrial condominium project on a single lawful parcel.
The procedure for determining whether such a waiver for a residential condominium is appropriate shall be initiated by an application for waiver filed with the city planning director. An application for waiver for a commercial or industrial condominium shall be initiated by an application for waiver filed with the city director of public works.
The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan as provided in RCMC Title 21, then the application for waiver shall be first considered by the planning commission at a public hearing. After this hearing, the planning commission shall provide a written recommendation to the city council which shall make the final determination on the application. All other applications for waiver on a residential condominium project shall be considered by the planning commission at a public hearing. The planning commission shall make the final determination on these applications for waiver.
Applications for waiver of final or tentative maps on a commercial or industrial condominium project on a single lawful parcel shall be considered and granted or denied by the director of public works.
No applications for waiver of the requirement for a tentative or final map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and the Rancho Cordova Municipal Code 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 the Subdivision Map Act and the Rancho Cordova Municipal Code. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0880 § 2, 1992; SCC 0712 § 2, 1988].
22.20.090 Extensions of time.
Any tentative subdivision map or vesting subdivision map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. The hearing procedures for an extension of time shall be the same as for resubmittal of the map. Upon filing of a timely application for an extension of time, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. An extension of time may not be granted for more than 36 months, but may be granted for a lesser time at the sole discretion of the final hearing body. A subdivider may apply for a resubmission of the map rather than an extension of time, in which case, the map may be approved after the expiration date of the original map. The expiration date of an approved resubmitted map shall be as set forth in RCMC 22.20.060. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0880 § 3, 1992; SCC 651 § 9, 1986].
22.20.095 Extensions of time for related entitlements.
Notwithstanding any other provision of this code or of the Rancho Cordova zoning code, any entitlement, development permit or other approval which would expire pursuant to this code or the Rancho Cordova zoning code, but which was approved concurrently with and pertains to any approved tentative subdivision or parcel map the expiration date of which was automatically extended by the provisions of Sections 66452.11 and 66452.13 of the Government Code, or by the provisions of any other similar section that may from time to time be added to the Government Code, shall be extended for the same period as that provided by said section for the approved tentative subdivision or parcel map to which it pertains. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1029 § 1, 1996; SCC 0938 § 1, 1993].