Chapter 16.20 — CATEGORICAL EXEMPTIONS

Sec. 16.20.010. - Criteria.

The criteria for granting a class of discretionary projects a categorical exemption shall be as follows:

(1)

The projects within the class occur frequently.

(2)

The projects within the class in general will not have a significant effect on the environment due to their nature.

(3)

For classes of projects which by their nature may have significant effect on the environment, the projects within the class in general will not have a significant effect on the environment because sufficient guidelines for taking governmental action have been established by ordinance, by resolution, or by motion to ensure the conformity of the projects with the Environmental Quality Act.

(Code 1987, § 16.24.010; Ord. No. 100, § 3, 1973)

Sec. 16.20.020. - Development by town council.

The town council shall develop a list of classes of projects, which may be granted categorical exemptions in addition to those classes of projects exempted by the Environmental Quality Act.

(Code 1987, § 16.24.020; Ord. No. 100, § 3.1, 1973)

Sec. 16.20.030. - Adoption by resolution.

The town clerk shall recommend to the town council those classes of projects, which should be granted categorical exemptions. The granting or revocation of a categorical exemption for a class of projects shall be by resolution.

(Code 1987, § 16.24.030; Ord. No. 100, § 3.2, 1973)

Sec. 16.20.040. - Effect of categorical exemption.

Any project, which is within a class of projects granted a categorical exemption and which does not have environmental characteristics significantly different form the other members of such class is deemed to be a project which will not have a significant effect on the environment. No environmental assessment of environmental impact report is required for such a project.

(Code 1987, § 16.24.040; Ord. No. 100, § 3.3, 1973)

CHAPTER 16.24. - ENVIRONMENTAL ASSESSMENTS

Sec. 16.24.010. - Development of procedure by town council.

The town council shall develop a procedure for environmental assessment of projects. Such procedure may in the form of a questionnaire, a matrix, or any other form.

(Code 1987, § 16.28.010; Ord. No. 100, § 4, 1973)

Sec. 16.24.020. - Adoption of procedure by resolution.

The town clerk shall recommend to the town council the procedure for environmental assessments of projects. The adoption or revision of such procedure shall be by resolution.

(Code 1987, § 16.28.020; Ord. No. 100, § 4.1, 1973)

Sec. 16.24.030. - Environmental assessment by town council.

The town council shall make an environmental assessment for the following after payment of the appropriate fee:

(1)

Any project which does not qualify for a categorical exemption, and which may require an environmental impact report under the Environmental Quality Act, Public Resources Code § 21050 et seq., and any regulations adopted pursuant thereto.

(2)

Any project, which is submitted by the sponsor to the town council for an environmental assessment prior to the submittal of the project to the town for governmental action.

(Code 1987, § 16.28.030; Ord. No. 100, § 4.2, 1973)

Sec. 16.24.040. - Data from sponsor.

The town council may require the sponsor of a project to provide all or a part of the base data on the project and its proposed environment necessary for an environmental assessment of the project.

(Code 1987, § 16.28.040; Ord. No. 100, § 4.3, 1973)

Sec. 16.24.050. - Recommendation by town council.

If the town council finds that a project may have significant effect on the environment, it shall record this recommendation in writing and, after the payment of the appropriate fee, prepare an environmental impact report for the project.

(Code 1987, § 16.28.050; Ord. No. 100, § 4.4, 1973)

Sec. 16.24.060. - Finding by decision maker.

If the town council recommends that a project does not have significant effect on the environment, each decision maker for the project shall confirm or reject this recommendation and record his finding in writing and forward the same to the town council. In the event of a negative declaration, the town council shall file a negative declaration pursuant to state regulations with the appropriate agency.

(Code 1987, § 16.28.060; Ord. No. 100, § 4.5, 1973)

CHAPTER 16.28. - MINISTERIAL PROJECTS

Sec. 16.28.010. - Ministerial projects.

The town council shall develop a list of classes of projects which are ministerial. The town clerk shall recommend to the council the list of ministerial projects. Approval of the list of ministerial projects shall be by resolution. Ministerial projects are not subject to the environmental impact procedures specified in this title or to the Environmental Quality Act, Public Resources Code § 21050 et seq.

(Code 1987, § 16.32.010; Ord. No. 100, § 2.9, 1973)

Title 17 - SUBDIVISIONS CHAPTER 17.04. - GENERAL PROVISIONS

Sec. 17.04.010. - Purpose.

The ordinance codified in this title is enacted for the purpose of adopting subdivision regulations for the town.

(Code 1987, § 17.04.010; Ord. No. 23-1974, § 1, 1974)

Sec. 17.04.020. - Sale or lease of subdivision; compliance required.

It is unlawful for any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell or to lease any subdivision of land, or any part thereof, in the town unless and until all the requirements of this title have been complied with.

(Code 1987, § 17.04.020; Ord. No. 23-1974, § 3, 1974)

Sec. 17.04.030. - Definitions.

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cross slope means the percentage of the grade across the land measured from the highest point to the lowest point of all of the land within a subdivision.

Cul-de-sac means a minor street terminating in a turnaround not over 500 feet in length.

Hillside area means one with an average slope of 15 percent or more. The standards under chapter 17.32 apply to all hillside areas with the added provision that areas with a cross slope of 40 percent or greater are considered to be extremely rugged and the development of this terrain is limited to lot size types III and IV as defined below:

(1)

Type I: lot area 6,000 to 10,000 square feet. A type I subdivision is one in which the lot size is between 6,000 and 10,000 square feet with all of the lots having an area of not less than 6,000 square feet. It could be defined as all subdivisions other than those described in types II, III, and IV below.

(2)

Type II: lot area 10,000 square feet to 20,000 square feet. In this classification are subdivisions in which all lots have an area in excess of 10,000 square feet.

(3)

Type III: lot area 20,000 square feet to one acre. In this classification are subdivisions in which 80 percent of all lots have an area of 20,000 square feet or over, and the average area of all lots is 20,000 square feet or over.

(4)

Type IV: lot area one acre or over.

Eighty percent of the lots in this classification shall be one acre or over and the average area of all lots in the subdivision shall be one acre or over.

Loop street means a minor street, not over 1,000 feet in length, which forms a loop and returns to the same street from which it originated or turns into the first street intersecting the street from which the loop street originated. A street forming a connection between two parallel or generally parallel streets shall not be considered a loop street.

Major street or arterial means a street carrying intracity through traffic or relating several sections or neighborhoods within the town.

Manufactured home (MH) is a home certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) on a foundation system, pursuant to Health and Safety Code § 18551, on lots zoned for conventional single-family residential dwellings.

Manufactured home park is a parcel where two or more spaces are rented or leased or held out for rental or lease for single-family residency in manufactured homes.

Map act means the Subdivision Map Act, Government Code § 66410 et seq.

Minor streets means street, which serve only the abutting property.

Owner means an individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to

subdivide the same under this chapter.

Recreational vehicle (RV) means a vehicle as defined in Health and Safety Code § 18010 and includes a park trailer, as defined in Health and Safety Code § 18009.3.

Recreational vehicle park means any manufactured housing community or manufactured home park licensed to allow recreational vehicle spaces on a temporary basis meeting the state requirements and these regulations.

Secondary streets or collector means street which collect and carry traffic from loop street and cul-de-sacs to arterials and also carry traffic within a particular area of the town.

Street means an improved traveled way providing the primary access to abutting property.

Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to affect a subdivision of land hereunder for himself or for another.

Subdivision means any land, or portion thereof, shown on the last preceding tax roll as a unit or as a contiguous unit which is divided into two or more lots or parcels for the purpose of sale, including sales contracts or long-term land lease, whether immediate or future, by any subdivider.

Thoroughfare means a street carrying intracity or inter-area traffic or relating cities or areas within the county.

(Code 1987, § 17.08.140; Ord. No. 23-1974, § 8(a)—(m), 1974; Ord. No. 2020-2, § 17.18.083, 6-8-2020)

CHAPTER 17.08. - ADMINISTRATION

Sec. 17.08.010. - Powers and duties of town council.

The town council shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and by this title.

(Code 1987, § 17.12.010; Ord. No. 23-1974, § 2, 1974)

Sec. 17.08.020. - Enforcement.

It is the duty of the director of public works to enforce the provisions of this title pertaining to the subdivision of land or any part thereof in the town.

(Code 1987, § 17.12.020; Ord. No. 23-1974, § 6, 1974)

Sec. 17.08.030. - Title to control license and permit issuing authorities.

All departments, officials and public employees of the town vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and any permit or license for uses, buildings or purposes issued in conflict with the provisions of this title shall be null and void.

(Code 1987, § 17.12.030; Ord. No. 23-1974, § 7, 1974)

Sec. 17.08.040. - Roads, streets, highways and ways previously dedicated to the town.

All provisions of this title relating to roads, streets, highways and ways shall apply to all roads, streets, highways and ways within or along the boundaries of the proposed subdivision, whether or not the title to such roads, streets, highways and ways is presently held by the town by previous dedication or otherwise, and compliance with such provisions of this title shall be at the expense of the subdivider.

(Code 1987, § 17.12.040; Ord. No. 23-1974, § 30, 1974)

CHAPTER 17.12. - TENTATIVE MAPS

Sec. 17.12.010. - Filing of tentative map for four or less lots.

(a)

Two copies of the tentative map prepared by a licensed land surveyor or engineer for the proposed subdivision of land into four or less lots shall be filed with the town clerk, together with two copies of the preliminary title report issued by a title company in the name of the owners of the land, issued to or for the benefit and protection of the town. The filing fees for the tentative map shall be the sum of $75.00.

(b)

The tentative map referred to in subsection (a) of this section shall show the dimensions of the proposed lots or subdivision and any other information deemed necessary by the town council.

(c)

The town council shall determine whether the proposed subdivision is in conformity with the laws and this title, whether the size and shape of the proposed lots are in general conformance to town requirements and whether all the proposed lots will have proper and sufficient access to a public street. The approval of the town council shall be noted by endorsement on the map. One copy of the approved map shall be retained in the files of the town clerk.

(d)

Approval of the tentative map shall be deemed sufficient approval and no final map need be submitted; except that, where the proposed subdivision of land into four lots or less:

(1)

Consists of five acres or more of land;

(2)

Requires, in order to comply with the provisions of this title, a public street opening; or

(3)

Creates a lot more than 14,000 square feet in size.

The town council shall require the owner of the land or the subdivider to comply with all of the provisions of section 17.16.020.

(Code 1987, § 17.16.010; Ord. No. 23-1974, § 9, 1974; Ord. No. 53-1985, § 1, 1985)

Sec. 17.12.020. - Filing of tentative map for five or more lots.

(a)

Filing. Twelve copies of a tentative map prepared by a licensed land surveyor or engineer and the statement of proposed subdivision of any land into five or more lots shall be filed with the town clerk at least 15 days prior to the meeting of the town council, at which consideration is desired, together with a filing fee of $75.00.

(b)

Information required. The tentative map referred to in this section shall contain the following information:

(1)

The subdivision name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision;

(2)

The name and address of recorded owners of the subdivision;

(3)

The name and address of the subdivider;

(4)

The name, business address and number of the registered engineer or licensed surveyor who prepared the map of the subdivision;

(5)

Elevations or contours at intervals of two feet up to five percent grade, five feet up to ten percent grade and ten feet over ten percent grade to determine slope of the land and the high and low points thereof, unless approval is obtained from the building inspector to allow greater intervals;

(6)

The locations, names, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof;

(7)

The location and character of all existing or proposed public utility facilities in the subdivision or on the adjoining and contiguous highways, streets and ways;

(8)

The approximate widths, location and purpose of all existing or proposed easements in and contiguous to the proposed subdivision;

(9)

The approximate lot layout and approximate dimensions of each lot and each to be numbered;

(10)

The outline of any existing buildings to remain in place and their location in relation to existing or proposed streets and lot lines;

(11)

The approximate location of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses;

(12)

The typical street sections and details.

(c)

Statement accompanying map; information required. The statement to accompany the tentative map referred to in this section shall contain the following information:

(1)

The existing use of the property;

(2)

The proposed use of the property. If the property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be shown on the tentative map;

(3)

A statement of the improvements and public utilities, including water supply and sewage disposal, proposed to be made or installed and of the time at which such improvements are proposed to be completed;

(4)

The public areas proposed;

(5)

The tree planting proposed;

(6)

The restrictive covenants proposed;

(7)

The justification and reasons for any exceptions to the provisions of this title;

(8)

A preliminary title report issued by a title insurance company in the name of the owner of the land, issued to or on behalf of the town for the benefit and protection of the town, showing all parties whose consent is necessary and their interest therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished.

(d)

Town council's approval.

(1)

The town council shall determine whether the tentative map is in conformity with the provisions of law and of this title, and within 30 days after the filing of the tentative map shall approve, conditionally approve or disapprove the same and shall report such action direct to the subdivider and shall also transmit to the director of public works a copy of the tentative map, and a memorandum setting forth the action of the town council thereon.

(2)

The town council may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law; or, if the property is deemed unhealthful or unfit for human habitation or occupancy by the health officer of the town; or, subject to periodic inundation.

(3)

The town council may require the subdivider to make available areas acceptable to the proper agency for parks, playgrounds, schools and other public building sites that will be required. In all cases, the town shall suggest to the subdivider such measures as will make for excellence of residential, commercial or industrial development.

(e)

Size of map. The tentative map referred to in this section shall be 18 inches by 26 inches in size and to a scale of not less than one inch equals 100 feet, unless otherwise approved by the town council, and shall be clearly and legibly reproduced.

(Code 1987, § 17.16.020; Ord. No. 23-1974, § 10, 1974; Ord. No. 53-1985, § 2, 1985)

CHAPTER 17.16. - MANUFACTURED HOME AND RECREATIONAL VEHICLE PARKS

Sec. 17.16.010. - Intent.

The intent of these regulations is to ensure that manufactured home and recreational vehicle parks meet minimum habitability standards and do not adversely impact surrounding properties.

(Ord. No. 2020-2, § 17.18.080, 6-8-2020)

Sec. 17.16.020. - Permitted use.

(a)

Subject to use permit and plot plan approved by the town council and upon receiving authorization from the state department of housing and community development (HCD), the town may take responsibility for enforcement of Health and Safety Code division 13, parts 2.1 and 2.3, and the provisions of title 25, California Code of Regulations, division 1, chapters 2 and 2.2, and related administrative regulations for manufactured home (MH) or recreational vehicle (RV) parks and campgrounds.

(b)

Manufactured home parks shall be allowed in the MH districts upon the granting of a conditional use permit in accordance with the provisions of this chapter.

(Ord. No. 2020-2, § 17.18.081, 6-8-2020)

Sec. 17.16.030. - Conflicting regulations.

In the event of conflict between any provision of this chapter and any provision of Health and Safety Code division 13, parts 2 and 2.2, or the requirements of housing and community development, the state law or regulation shall apply. If the state law or regulation is not controlling, then the more stringent provision or that requiring higher standards shall apply.

(Ord. No. 2020-2, § 17.18.082, 6-8-2020)

Sec. 17.16.040. - General standards.

(a)

No manufactured home park or recreational vehicle park may be established that does not conform to the requirements of title 25, chapter 5 of the California Administrative Code, division 13 of the Health and Safety Code and this Code.

(b)

A manufactured home park shall have a minimum site area of one acre and shall have not less than 3,000 square feet of area for each MH or RV space located on the site.

(c)

A manufactured home located within a manufactured home park shall be on a permanent foundation and subject to all regulations in this chapter governing manufactured homes within the town boundaries.

(d)

All recreational vehicles within the park shall be kept mobile so that they may be moved within one hour if required.

(Ord. No. 2020-2, § 17.18.084, 6-8-2020)

Sec. 17.16.050. - Sanitation, hygiene and utilities.

(a)

All MH spaces shall be provided as minimum, electrical, potable water and sanitation disposal hook-ups.

(b)

All RV spaces shall be provided as a minimum, electrical and potable water hookups.

(c)

All parks under this Code are required to have and maintain, as a minimum, one disposal site for the sole use of receiving discharge from recreational vehicle holding tanks and one additional disposal site for every five RV spaces of fraction thereof. The discharge facility shall be located in such a manner as to not present unpleasantness to tenants and neighboring residents.

(d)

No commercial disposal is allowed in any of the park's disposal sites. A minimum of a $1,000.00 fine per incident will be levied on the commercial carrier and the park owner for each incident.

(e)

Every recreational vehicle park shall contain one public sanitary facility apportioned on the basis of one facility per 20 vehicle spaces or fraction thereof for each sex. A shower, lavatory and sink shall be provided in a like ratio. Hot and cold running water shall be provided. Toilets shall be water flush type.

(f)

All utilities and amenities shall be underground.

(g)

One washer and dryer per 20 vehicles or fraction thereof shall be provided.

(h)

Central trash collection and storage areas shall be provided and screened in each park and maintained by park management. Such areas shall be distributed throughout the park and shall be approved by the public works department. Weekly disposal shall be arranged by management.

(i)

Fire protection measures shall be provided as approved by the town fire department.

(Ord. No. 2020-2, § 17.18.085, 6-8-2020)

Sec. 17.16.060. - Length of occupancy.

Length of occupancy of each recreational vehicle space shall be regulated as follows:

(1)

Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any space in a recreational vehicle for a period exceeding 90 days in any 12-month period, nor shall the cumulative occupancy by such persons of different spaces within the same park exceed a total of 90 days in any 12-month period.

(2)

Persons occupying vehicles with less than total hook-up capacity shall not occupy any recreational vehicle space for a period exceeding 21 days in any 12-month period, nor shall the cumulative occupancy of such persons of different spaces within the park exceed a total of 21 days in any 12-month period.

(3)

The park manager (or owner) shall maintain a log of the names of persons and dates of occupancy of spaces. The log shall be made available to a code enforcement officer at any time to ensure compliance with these occupancy limits.

(4)

A special occupancy permit may be issued by the town council allowing a recreational vehicle to occupy any portion of the park for more than 21 days. This permit shall be valid from the date of issuance and terminate 30 days post-issuance. Renewal of the special occupancy permit is allowed.

(Ord. No. 2020-2, § 17.18.086, 6-8-2020)

Sec. 17.16.070. - Recreation spaces.

A minimum of 100 square feet of outdoor or indoor recreation area shall be provided for each manufactured home lot exclusive of required yards or vehicle parking areas. The minimum size for any single outdoor recreation area shall be 2,500 square feet.

(Ord. No. 2020-2, § 17.18.087, 6-8-2020)