Alturas Municipal Code Art. I In General

This chapter is enacted for the purpose of adopting subdivision regulations in accordance with the Subdivision Map Act [2];noanchor and the Planning and Zoning Law . The city planning commission is hereby designated as the advisory agent with respect to subdivisions as provided in the Subdivision Map Act, and shall have all the powers and duties with respect to tentative, record of survey and final maps and the procedures relating thereto which are specified by law and by this chapter.

(Ord. No. 294, art. 1, § 1.)

Footnotes:

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2. See B. & P.C., § 11500 et seq.

3. See Gov. C., § 65000 et seq.

This chapter is enacted under the provisions of the Planning and Zoning Law for the purposes of putting into effect a community design master plan of the city, by adopting regulations to govern any real property, improved or unimproved, or portion thereof shown on the last preceding tax roll as a unit or as contiguous units which is divided into two or more parcels, in all cases where one or more of such parcels has an area of less than ten acres.

(Ord. No. 294, art. 1, § 2.)

The regulations contained in this chapter shall apply to all subdivisions or parts of subdivisions of lands, as defined in this chapter, lying wholly or in part within the city, and are declared to be the minimum reasonably necessary to promote and protect public health, safety, peace, morals, comfort and general welfare.

(Ord. No. 294, art. 1, § 3.)

When any improved or unimproved real property is divided into fewer than five parcels, the planning commission shall permit the filing of a record of survey in lieu of a tentative map and for a final map.

(Ord. No. 294, art. 1, § 2.)

Except where it is proposed to build a joint drive or a public street, or upon approval of the planning commission and city council, the provisions of this chapter may be waived in whole or part.

(Ord. No. 294, art. 1, § 2.)

(a) The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth by this chapter. Application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the applicant and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. 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 shall find the following facts with respect thereto:

(1) That there are special circumstances or conditions affecting such 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 the property is situated.

(b) In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air and 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 the findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exceptions recommended and the conditions designated.

(d) Upon receipt of such report, the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions recommended.

(Ord. No. 294, art. 8, § 1.)

A record of survey map of any subdivision shall conform to all requirements of a final map, as set forth in the Subdivision Map Act and this chapter, except insofar as the required certificates thereon differ, as specified in the Subdivision Map Act. In case of a record of survey covering any division of land specified in the Subdivision Map Act as not being included in the definition of a "subdivision," as set forth therein, it shall conform in tentative and final map as outlined in this chapter and as specified in the state Subdivision Map Act. All design and construction standards, improvements and improvement bonds shall be required as outlined in this chapter. An appropriate act of dedication for parcels intended for public use shall be made prior to the recordation of any record of survey map as required by this section.

(Ord. No. 294, art. 7, § 1.)

When any provision of the Subdivision Map Act or of this chapter requires the execution of any certificate or affidavit or the performance of any act by a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefore, and designated to act by the city council.

(Ord. No. 294, art. 9, § 1.)

In the event an existing subdivision is resubdivided such that the street alignment, lot design and drainage will be changed, then the area constitutes a new subdivision and the procedure for filing tentative and final map as outlined in this chapter is applicable.

(Ord. No. 294, art. 7, § 2.)

No criminal remedy or proceeding shall be deemed to bar any legal, equitable or summary remedy to which the city, other political subdivision or any person may file suit in the superior court of the county, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.

(Ord. No. 294, art. 12, § 1.)