Chowchilla Municipal Code Ch. 17.02 General Provisions

This title shall be known as and may be cited as the "Subdivision Ordinance of the City of Chowchilla," and is deemed necessary to achieve the following objectives:

A. To protect the public health, safety, and general welfare;

B. To promote the orderly growth and development of the city of Chowchilla, the beneficial use of land in the public interest, and the conservation, stabilization and protection of property values;

C. To assure provision for necessary utilities, public roads, and other public conveniences in subdivided areas.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code, cited as the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations contained in this title are hereby established.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The design, improvement and survey data subdivisions, the form and content of tentative, final and parcel maps, and the procedure to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of this title.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The provisions of this title shall apply to all subdivisions or parts of subdivisions wholly or partly within the city, and to the preparation, filing and approval of maps.

B. The provisions of this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of the ordinance codified in this title, unless those lots are hereafter proposed for further subdivision. It is not intended by this title to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by the ordinance codified in this title or with private restrictions placed upon the property by deed, covenant, or other private agreements, or with restrictive covenants running with the land. Only those improvement standards, applicable at the time a tentative subdivision or parcel map is approved, shall be imposed.

C. The provisions of this title shall not be applicable to:

1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

2. Mineral, oil or gas leases;

3. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

4. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the planning commission following the filing by the divider of an application therefor furnished by the city and the payment of an application processing fee in a sum as may be established by council resolution;

5. Boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party;

6. Short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short-term leases in such individual cases.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

No subdivision shall be approved unless the planning commission and council find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any adopted specific plan. A proposed subdivision shall be consistent with the general plan or a specific plan only if such plan is adopted and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

No tentative map or tentative parcel map submitted to the city pursuant to the provisions of this chapter shall either be considered as filed or reviewed and acted upon by the planning commission or council until the requirements of the city's California Environmental Quality Act Guidelines have been met.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Subdivision maps shall conform to Title 18 of this code with respect to uses of land, lot sizes and dimensions, and other applicable regulations; provided, however, that where this title imposes higher standards, the requirements of this title shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit or variance, the application therefore shall be considered prior to or concurrently with the tentative map or the tentative parcel map.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)