Blue Lake Municipal Code Ch. 16.04 Purposes, Administration, General Provisions, and Definitions

There is hereby adopted, as provided herein, a subdivision ordinance for the City of Blue Lake, County of Humboldt, State of California.

The subdivision ordinance is adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare. More specifically, the subdivision ordinance is adopted in order to achieve the following objectives:

A. To effectuate the General Plan of the City of Blue Lake as adopted by the City Council.

B. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used.

C. To provide streets of adequate capacity for the anticipated traffic which would utilize them and to ensure that they are designed to promote a safe traffic circulation system.

D. To accommodate new development in a manner which will preserve and enhance the City's living environment and create new beauty through skilled subdivision design.

E. To provide for water supply, sewage disposal, storm drainage and other utilities and facilities which are required by conditions of an urban environment.

F. To ensure that the costs of providing rights-of-way, street improvements, utilities and public areas and facilities needed to serve new developments are borne fairly and equitably by the subdivider rather than by property owners of the City at large.

G. To protect and enhance real property values.

H. To provide rules and regulations governing the contents of tentative and final subdivision maps, land division drawings, records of survey, street dedication maps, the filing thereof and other matters related thereto.

I. To coordinate subdivision policies and regulations with those of the County of Humboldt in order to facilitate transition from county to municipal jurisdiction that land which is first developed in unincorporated territory and is subsequently annexed to the City and to ensure unimpeded development of such new urban expansion that is logical, desirable and in accordance with goals, objectives and policies of the General Plan of the City of Blue Lake.

J. To conform to the California Subdivision Map Act Sections 66410 through 66499.58, Government Code, State of California, and establish local authority in those areas of jurisdiction selected by the City and authorized by the Act. Issues not addressed by this title are governed by the Subdivision Map Act and other controlling laws in all cases. The processing of issues not addressed by this title shall be established by the City.

This chapter shall be known as the "Subdivision Ordinance."

A. The Planning Commission of the City of Blue Lake, State of California, hereinafter referred to as the Planning Commission, is hereby designated as the "Advisory Agency" with respect to subdivisions as provided in Section 66415, Government Code, of the Subdivision Map Act, of the State of California.

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.

A subdivision map shall conform to the principles and standards of the General Plan, and any specific plans of the City of Blue Lake, and elements thereof with respect to the type and intensity of land use, population densities and distribution, locations and sizes of public areas and rights-of-way, and improvement of streets.

A. No land shall be subdivided and developed for any purpose not contemplated or specifically authorized by the Zoning Ordinance (Title 17) of the City of Blue Lake.

B. A subdivision map shall conform in all respects with applicable regulations of Title 17, Zoning, including uses of land, lot sizes and dimensions and space for off-street parking and off-street loading areas.

The definitions of words used in this title, and the construction of the words in provisions thereof, shall be as follows:

A. Construction. The following rules of construction shall apply unless inconsistent with the plain meaning of the content of this title:

1. Tense. Words used in the present tense include the future tense.

2. Number. Words used in the singular include the plural, and words used in the plural include the singular.

3. Shall and May. The word "shall" is mandatory; the word "may" is permissive.

4. Gender. The masculine shall include the feminine and neuter.

5. Headings. In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this title and the content thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such content.

6. Oath. The word "oath" shall include affirmation.

B. General Terminology. The word "City" means the City of Blue Lake, California. The words "City Council" and "Council" mean the City Council of the City of Blue Lake. The words "Planning Commission" and "Commission" mean the Planning Commission duly appointed by the City Council. The words "City Clerk" mean the City Clerk of the City of Blue Lake. The words "City Engineer" mean the City Engineer of the City of Blue Lake and shall include the responsibilities of a City Surveyor for those activities that must be performed by a licensed surveyor under the Licensed Survey Act of the State of California (Government Code 8772). The words "Director of Public Works" mean the Director of Public Works of the City of Blue Lake.

C. Definitions. For the purpose of this title, certain words and terms used herein are defined as follows:

Alley:

Any public thoroughfare, not exceeding 30 feet in width, for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property.

Block:

That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intercepting streets and railroad right-of-way, or unsubdivided acreage.

Civil Engineer:

A civil engineer registered in the State of California and authorized to practice civil engineering in the State of California.

Collective Driveway:

A private street serving more than one, but not exceeding six dwelling units. Collective driveways will not be maintained by nor dedicated to the City.

Cross Slope:

The average grade of natural terrain along a line connecting the highest point of land to the lowest point of land within a parcel or lot.

Design:

The preparation of plans, specifications and construction estimates for all infrastructure components. This includes street alignment, contour and width; the alignment and width of easements; the rights-of-way for drainage, sewers and utilities; the size, shape and area of lots; the uses of land; and complying with and obtaining all necessary permits.

Dividing Strips:

A separation between adjacent or opposing traffic lanes. It may also mean a separation between the traffic lanes on a thoroughfare or highway and the parallel frontage road which provides access to abutting property.

Division of Land:

Division of land shall be defined as any and all divisions of land excluded from the definition of "subdivision" as defined in Section 66424 of the Government Code.

Double Frontage:

A lot having frontage on two streets.

Freeway:

The term "freeway" shall be deemed to mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.

General Plan:

The General Plan of the City of Blue Lake or any element, section or portion thereof.

Health Department:

The Health Department of the City of Blue Lake or of the County of Humboldt.

Hillside Land:

Any area or slope plane on which the average grade from top of ridge to the drainage channel is 15% or greater, or any slope that has or has had a natural or manufactured grade of 15% or greater on any section 50 feet or more.

Improvements:

Streets, highways, monuments, utilities, curbs, gutters, drainage facilities, water mains, sanitary sewers, or any facility, fixture or object installed or constructed in accordance with the improvement standards of the City.

Limited Access Road:

A street or highway to which the right of access is restricted to designated places for the purpose of increasing safety and the efficient regulation of traffic.

Lot:

A parcel or portion of land separate from other parcels or portions of land by description on a final or parcel map, or by metes and bounds, as required under the provisions of this title and the Subdivision Map Act, for the purpose of sale, lease, financing, or separate use.

Lot, Corner:

A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines.

Lot, Flag:

A lot with acct to a public street by a corridor not less than 20 feet in width. Building setbacks will be determined from the interior lot line which is more parallel and closest to the public street. The lot area will be calculated excluding the corridor. Off-street parking will be required. Only one lot shall be served by the flag lot corridor, and adequate access and turnaround space for emergency vehicles shall be provided.

Lot, Interior:

A lot other than a corner lot.

Lot, Key:

The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intercepts or intersects the street on which the corner lot fronts.

Lot Area:

The total horizontal area within the boundary lines of a lot inclusive of any river, lake, drainage easement, and/or street right-of-way excluding any existing or proposed street accepted by the City, or the County, or shown on an approved or adopted plan. Useful or buildable lot area is the total horizontal area within the boundary lines of a lot exclusive of any river, lake, drainage easement, and/or street right-of-way, excluding any existing or proposed streets accepted by the City, or the County, or shown on an approved or adopted plan by the City and/or County.

Lot Depth:

The average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

Lot Frontage:

The property line and/or the right-of-way line separating a lot from the street, in the case of an interior lot; and, in the case of a corner lot, the line separating the lot from the street upon which the lot fronts; all as shall be determined by an approved road plan prepared and approved by the Planning Commission; and as administered by the Public Works Director; provided, however, that if no road plan has been approved by the Planning Commission for all or any part of the affected lot, the Planning Commission shall determine the lot frontage.

Lot Lines:

The lines bounding a lot.

Lot Line, Rear:

Ordinarily, that line of a lot which is generally opposite the lot line along the frontage of said lot. In cases in which this definition is not applicable, the Planning Commission shall designate the rear lot line.

Lot Width:

The horizontal distance between the side lot lines measured at right angles to the depth of the lot at the front yard setback line established in Title 17, Zoning. Whenever this definition cannot be applied due to irregularity in the shape of the lot, the lot width shall be determined by the Public Works Director, subject to approval by the Planning Commission.

Map Act:

The Subdivision Map Act of the State of California, as amended, including Sections 66410 through 66499.58, Government Code, State of California.

Map, Final:

A map prepared in accordance with the provisions of this title and the Subdivision Map Act of the State of California, which is intended to be placed on record in the office of the County Recorder of Humboldt County. A final map is required for all subdivisions creating five or more parcels, unless exempted by Government Code Section 66426.

Map, Parcel:

A map prepared in accordance with the provisions of this title and the Subdivision Map Act of the State of California, which is intended to be placed on record in the office of the County Recorder of Humboldt County. A parcel map is required for all minor subdivision.

Map, Tentative:

A map prepared for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around the subdivision, and meeting the requirements of the Subdivision Map Act.

Major Subdivision:

Division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, into five or more parcels, and requiring a tentative and final map in conformance with the Subdivision Map Act.

Minor Subdivision:

Division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, into fewer than five parcels.

Original Parcel:

A contiguous area of land at the time of division, in one or a common ownership, any portion or all of which is proposed to be divided under this title.

Owner:

The individual, firm, association, syndicate, co-partnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the ordinance, and while used here in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required.

Pedestrian Way:

A public way designed for use by pedestrians which is not intended for use by automotive vehicles and which is not located within a street right-of-way.

Planting Strip:

A strip between the sidewalk and the street right-of-way line, or between the pavement of a frontage street and the major street, limited access highway or freeway it parallels, which is intended to be planted with trees, shrubs, or other vegetation.

Preliminary Grading Plan:

A map which shows existing and proposed contours of the project site at two-foot or less contour interval; cut and fill locations; all pad elevations; general drainage pattern which shows ultimate direction of flow; special drainage patterns around all structures which show ultimate direction of flow; identification of areas of special soils problems in accordance with the soils report; street cross section intervals of not more than 100 feet clearly indicating all cuts and/or fills; cut and/or fill cross sections at the location of all buildings and all other infrastructures. The information may be shown on a tentative map only if it is clearly designated. City Engineer may require a separate design sheet.

Preliminary Plan:

A scaled engineering drawing or a scaled sketch plan of a proposed subdivision prepared prior to a tentative map for a minor subdivision, and showing existing conditions in a conceptual manner with information taken from Assessor's parcel maps and showing the proposed improvements adjacent to and thereon.

Record of Survey:

A map prepared in accordance with the standards of, and prepared by an individual authorized to practice land surveying, all as defined within Division 3, Chapter 15 of the Business and Professions Code of the State of California.

Reserve Strip:

A strip of property, contiguous to a public way, which is dedicated to the City for street purposes effective at such time as the City may acquire certain additional right-of-way across contiguous property outside of the subdivision. Until such additional right-of-way is acquired by the City, the successive owners of the subdivision lots opposite said reserve strip may use said property for all lawful purposes except that no structure not ordinarily placed on public streets may be erected in or upon said reserve strip.

Specific Plan:

A plan prepared for the systematic implementation of all or a portion of the General Plan of the City of Blue Lake.

Standard Specifications:

Construction specifications which shall be in accordance with the current edition of Standard Specifications for Public Works Construction by the Northern California Chapter of American Public Works Association or the Standard Specifications of the City of Blue Lake, whichever shall be defined as applicable by the City Engineer.

Standard Specifications, City of Blue Lake:

The Standard Details and Construction Specifications as adopted by the City Council. These standards shall take priority over other standards where not prevented by law or other overriding authority.

Street, Arterial A1 (Expressway):

A street designated as an arterial street or a County-City primary street on the Circulation Element of the City of Blue Lake General Plan which, because of its design and location with respect to other streets and other sources of traffic, is used or designed to carry relatively heavy volumes of traffic through the urban area or between urban areas, or as an approach to a freeway.

Street, Arterial A2:

A street designated as an arterial street on the Circulation Element of the City of Blue Lake General Plan which, because of its location with respect to other streets and other sources of traffic, is used or designed to carry moderately heavy volumes of traffic between portions of the urban area or between major streets.

Street, Collector C1:

A street which does or which will, because of its design and location with reference to other streets, be used to carry traffic from minor streets to secondary streets or in certain circumstances to the major street system.

Street, Collector C2 (Minor):

A street which, because of its design and location with respect to other streets, is used primarily for access to the abutting properties.

Street, Cul-De-Sac:

A street having only one outlet for vehicular traffic with a turn-around at the opposite end which is intended not to be extended or continued to serve adjacent lands or future subdivisions on adjacent lands.

Street, Frontage:

A minor street which is parallel to and adjacent to a major street, limited access highway or freeway, and which provides access to abutting properties while relieving them of the effects of heavy volumes of fast through traffic.

Street, Intersection:

A connection of two or more streets.

Street, Private:

A street not under the ownership of the City of Blue Lake. Development of private streets, required as a part of a subdivision, are under the jurisdiction of this title. Private rights-of-way shall be not less than 25 feet in width.

Street, Split:

A street having the moving lanes divided to form two "one-way traveled ways."

Street, Stubbed:

A street having only one outlet for vehicular traffic and which is intended to be extended to or continued onto the same or adjacent land at a future time.

Subdivider:

Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this title, to effect a subdivision of land hereunder for himself, or for another, as defined in California Government Code Section 66423.

Subdivision:

The division, by any subdivider, of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit, or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, as defined in California Government Code Section 66424.

Subdivision Agreement:

A contract between the City and the subdivider, in a form approved by the City Council, requiring the subdivider to complete, install or construct improvements as required in this title.

Subdivision Map Act:

The Subdivision Map Act of the State of California defined as California Government Code Sections 66410 through 66499.58, as amended.

Surveyor:

A professional land surveyor licensed by the State of California, or a civil engineer registered by the State of California and authorized to practice land surveying.

Walkway:

An area designated for pedestrian walking only.