§ 16.04

The ordinance codified in this title is adopted for the purpose of establishing minimum regulations and standards for the division and subdivision of land, for the design, improvements and survey data related thereto, for the physical alteration of the land and drainage features involved therein or related thereto, and for on- or off-site improvements of benefit or necessity to the site or general site area; and for the following purposes:

A.

To provide a guide for owners in the proper division of their land, and for the planning commission in its consideration of proposed land divisions;

B.

To serve as a means of implementing the master plan, and of accomplishing the portions of the master plan which apply to the properties proposed for division or subdivision under the regulations of this title.

No person, as a principal, agent or otherwise, shall offer to sell or lease, contract to sell or lease or sell or lease any division or subdivision of land or any part thereof in the city unless all of the requirements provided in this title have been complied with.

(Prior code § 18-2; Ord. No. 549, § 1, 7-30-2015)

16.04.030 - Advisory agency designated—Enforcement of chapter.

A.

The planning commission is designated as the advisory agency with respect to subdivisions and the division of land as provided in the Subdivision Map Act.

B.

The planning commission shall assume all the duties with respect to the division and subdivision of land, the design and improvements thereof and the procedures relating thereto which are specified. by law and by this title. The planning commission shall have the right and duty to exercise judgment and apply conditions to insure compliance with the purposes of this title.

(Prior code § 18-3; Ord. No. 549, § 1, 7-30-2015)

Cross reference— As to planning commission generally, see Ch. 2.24 of this code.

A.

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exceptions shall be made by a petition of the subdivider, stating fully the grounds of the application and the fact relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivisions. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission find the following facts with respect thereto:

1.

That there are special circumstances or conditions affecting the property;

2.

That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3.

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

B.

In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.

C.

In recommending the authorization of any exception under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.

D.

Upon receipt of the report, the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this title.

(Prior code § 18-4; Ord. No. 549, § 1, 7-30-2015)

Appeals of any action taken by the planning commission are subject to all applicable provisions of the Subdivision Map Act (Government Code Section 66410 et seq.).

(Prior code § 18-5; Ord. 497 § 18, 1995; Ord. No. 549, § 1, 7-30-2015)

Article II. - Subdivision Map Act

Division 2 of Title 7 of the Government Code of California (beginning with Section 66410) is adopted by reference as the same now exists or may hereafter be amended. For purposes of convenience, references are made in this title to certain sections of the Government Code, which will be identified by the section number and the letters "GC."

(Prior code § 18-35; Ord. No. 549, § 1, 7-30-2015)

The definitions set forth in Article 2 of Chapter 1, Division 2, Title 7 of the Government Code are adopted by the city, together with the following definitions:

"Advisory agency" means the city planning commission.

"Appeal board" means the city council.

"Local agency" means the city.

(Prior code § 18-36; Ord. No. 549, § 1, 7-30-2015)

The city council shall fix a schedule of fees to be charged to applicants for action by the planning commission action in connection with the subdivision of land, including, but not limited to any subdivision of land, filing of a map, boundary line adjustment, parcel merger or appeal, and any associated environmental review process. The schedule of planning commission fees shall be adopted by resolution at any regular or regularly adjourned city council meeting. The schedule of planning commission fees shall become effective sixty (60) days following the date of adoption.

(Prior code § 18-37; Ord. 484 § 5, 1993; Ord. No. 549, § 1, 7-30-2015; Ord. No. 572, § I, 11-4-2021)

The city has heretofore adopted standards, specifications and schedules for the regulation of land development improvements. The land division standards shall also apply to the administration of this title. The land division standards may be amended from time to time by resolution adopted by the city council. The land division standards may include, but are not limited to the following subjects:

A.

The fees referred to in Section 16.04.080;

B.

The type and nature of investigations, tests and reports;

C.

Proper grading and erosion control, including the prevention of sedimentation or damage to off-site property;

D.

For division of land which is not a subdivision of five or more lots, dedication of right-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created, including curb and gutter, sidewalks, storm drains, driveways and similar structures;

E.

All other standards properly the subject of control by the city;

F.

The size and content of tentative maps, as well as the number of tentative, parcel or final maps which are to be filed with the advisory agency for distribution to other agencies and interested groups;

G.

The creation and operation of a technical advisory commission;

H.

Procedures for compliance with all environmental quality control acts.

(Prior code § 18-38; Ord. No. 549, § 1, 7-30-2015)

When in the opinion of the city council a preliminary, tentative or final map, or parcel map, contains a technical and inadvertent error which, in the determination of the city council does not materially effect the validity of the map, the city council may waive the provisions of Section 66473 GC.

(Prior code § 18-41; Ord. No. 549, § 1, 7-30-2015)

The city council may require dedication or irrevocable offer of dedication of real property with a proposed subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements, and other public easements, including a waiver of direct access rights to any street from any property shown on a final parcel map as abutting thereon. Further, subject to the provisions of Section 66477 GC, the city council may require the dedication of land, the payment of fees in lieu thereof, or a

combination of both, for park or recreational purposes as a condition to the approval of a final subdivision map or parcel map.

(Prior code § 18-42; Ord. No. 549, § 1, 7-30-2015)

No tentative or final map shall be required for any subdivision where each parcel created by the division has a gross area of forty (40) acres or more.

(Prior code § 18-43; Ord. No. 549, § 1, 7-30-2015)

No parcel or tentative map filed pursuant to the provisions of this article shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of Title 18. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(Prior code § 18-44; Ord. No. 549, § 1, 7-30-2015)

Every map approved pursuant to this article shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in the standards referred to in Section 16.04.090.

(Prior code § 18-45; Ord. No. 549, § 1, 7-30-2015)

Subject to the provisions of Section 66479 GC, the city council may impose a requirement that areas of real property within a proposed subdivision be reserved for parks, recreational facilities, fire stations, libraries or other public uses.

(Prior code § 18-46; Ord. No. 549, § 1, 7-30-2015)

The city may require that improvements installed by a subdivider for the benefit of a subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. Reimbursement to the subdivider shall be made pursuant to the provisions of Sections 66486 to 66489, both inclusive, of the Government Code.

(Prior code § 18-47; Ord. No. 549, § 1, 7-30-2015)

The city council may waive the requirements of soils reports, or may require a soils report for each lot in a subdivision, GC 66491.

(Prior code § 18-48; Ord. No. 549, § 1, 7-30-2015)

No subdivision may be approved unless it is in compliance with the general plan of the city, as the same now exists or may hereafter be amended.

(Prior code § 18-49; Ord. No. 549, § 1, 7-30-2015)

Chapter 16.08 - PRELIMINARY AND TENTATIVE MAPS

Sections: