Brisbane Municipal Code Ch. 16.04 General Provisions

This title shall be known as and may be cited as the "subdivision ordinance of the city."

(Ord. 282 § 1.1, 1982).

This title is enacted pursuant to Article XI of the constitution and general laws of the state, including the Subdivision Map Act (Section 66410 et seq. of the Government Code). This title is adopted to supplement and implement the Subdivision Map Act.

(Ord. 282 § 1.2, 1982).

This title is adopted for the following purposes:

A. To protect and provide for the public health, safety and general welfare of the city;

B. To guide the future growth and development of the city in accordance with the general plan;

C. To protect the character and the social and economic stability of all parts of the city by encouraging orderly and beneficial development;

D. To protect and conserve the value of land, buildings and improvements throughout the city, and to minimize the conflicts among the uses thereof;

E. To establish reasonable standards of design and procedures for subdivisions in order to provide for orderly layout and use of land and to insure adequate legal descriptions and monumenting;

F. To insure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;

G. To protect the community against excessive stormwater runoff, flood, soil erosion, fire and geologic hazards;

H. To facilitate law enforcement and fire protection through orderly design and development and through the provision of adequate facilities and improvements;

I. To provide the community with adequate solar access, light, air and privacy;

J. To assure the provision of adequate water supply, storm drainage, sewage disposal and other utilities, services and improvements needed as a consequence of subdivision;

K. To provide lots of adequate size and appropriate design for the purposes for which they are to be used;

L. To preserve the natural beauty and topography of the city by giving appropriate consideration to provision of open space and conservation of natural features;

M. To guide public and private policy and action so as to insure availability of public transportation, educational and recreational facilities which are sufficiently coordinated with and have sufficient capacity to serve each proposed subdivision;

N. To supplement and facilitate the enforcement of the provisions and standards of the building and housing codes and the zoning ordinance;

O. To prevent the pollution of air and streams;

P. To safeguard the water table;

Q. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic, with particular regard to the following:

1. Avoidance of congestion in the streets and high-ways,

2. Providing for pedestrian and bicycle traffic movements appropriate to the various uses,

3. Providing for the proper location and width of streets and building lines,

4. Assuring that the streets have adequate capacity and improvements to provide access to abutting property and to carry the anticipated traffic,

5. Assuring that the streets are designed so as to minimize hazards to vehicles, their occupants, cyclists and pedestrians,

6. Minimizing through traffic on residential streets, 7. Providing pedestrian and bicycle paths for the safety and convenience of pedestrians and cyclists, and enabling them to enjoy the amenities of the city;

R. To provide public access to public waterways and other natural resources.

(Ord. 282 § 1.3, 1982).

A. The provisions of this title shall be interpreted and applied as minimum requirements except where it is expressly stated that any such requirement is to be a maximum. This title is not intended to impair or interfere with any private restrictions placed upon real property by covenant or deed; provided, however, that where this title imposes a greater restriction upon subdivision than is imposed or required by such private restriction, the provision of this title shall control.

B. This title is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Whenever any provision of this title and any other provision of law impose overlapping or contradictory regulations over the subdivision of land, or contain any restrictions covering the same subject matter, the provision which is more restrictive or imposes higher standards or requirements shall govern.

C. Whenever requirements are set forth in general terms in this title, the details of such requirements may be set forth in policies adopted from time to time by the city council or the planning commission.

D. This title shall not be construed as:

1. Abating any action now pending under or by virtue of prior existing subdivision regulation; or

2. Discontinuing, abating, modifying or altering any penalty accruing or about to accrue; or

3. Affecting the liability of any person; or

4. Waiving the right of the city under any provision of law; or

5. Vacating or annulling any rights obtained by any person by lawful action of the city except as shall be expressly provided in this chapter.

(Ord. 282 § 1.4, 1982).

In the case of a subdivision of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing.

(Ord. 282 § 1.5 (a), 1982).

In the case of a parcel map, improvements shall be limited to the dedication of right-of-way, easements and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

(Ord. 282 § 1.5(b), 1982).

Fulfillment of construction requirements for improvements for designated remainder parcels described in Section 16.04.050 and for parcel map subdivisions described in Section 16.04.060 shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the city, or until construction of the improvements is required pursuant to an agreement between the subdivider and the city.

(Ord. 282 § 1.5(c), 1982).

The city council shall by resolution establish a schedule of fees for the processing of the various applications required by this title. No application shall be considered complete and ready for processing until and unless the required fees have been paid.

(Ord. 282 § 1.6, 1982).

In carrying out the provisions of this title, the planning commission and city council shall consider the effect of their actions on housing needs within the region and shall balance those needs against the public service needs of the residents of Brisbane and available fiscal and environmental resources.

(Ord. 282 § 1.7, 1982).

Except as otherwise provided in this Title 16, and subject to any contrary provisions in the Subdivision Map Act or other state law, Sections 17.02.080 and 17.02.090 of this code shall apply to applications made pursuant to this title.

(Ord. 308 § 1, 1985).