Chula Vista Municipal Code Ch. 18.04 Subdivision Policy and Procedure

Sections:

• 18.04.010 Statutory authority. 18.04.020 Purpose, intent and scope of provisions. 18.04.040 Criteria for division and development of land – Adherence to General Plan, zoning ordinance and, where applicable, local coastal program required.

• 18.04.050 Criteria for division and development of land – Street design and alignment and environmental protection.

• 18.04.060

Criteria for division and development of land – Community facilities to be provided – Procedure.

***** For provisions of the statutory Subdivision Map Act, see Government Code § 66410; for statutory authority for cities to regulate division of land which is not subdivision, see Bus. and Prof. Code § 11540.1; for statutory exclusions of land from subdivision, see Bus. and Prof. Code § 11700, et seq.

This chapter is enacted pursuant to the authority granted by Section 66421 of the Government Code of the state of California and in accordance with the limitations of Section II of Article XI of the Constitution of the state, the general laws of the state, and Section 66410, et seq., of the Government Code of the state, known as the Subdivision Map Act. The provisions of this chapter are in addition to the regulations of said Subdivision Map Act and are supplemental thereto, consistent with and not in conflict with the provisions of said act. Within the coastal zone, in the event of any conflict arising between the provisions of the certified local coastal program (LCP) and the subdivision ordinance or other legal authorities applying to the subdivision ordinance, the LCP shall control. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985).

The purpose of this title, and any rules, regulations, standards or specifications adopted pursuant thereto, is to control and regulate the division or consolidation of land within the City as well as such land as may be hereafter annexed to the City and to provide for a clear and expeditious procedure for this purpose. Said rules and regulations adopted pursuant to this title as well as the regulations contained herein shall be applicable to the resubdivision of land or the alteration of the size and shape of any existing parcel of record. It is the specific intent of the City Council to establish by local ordinance requirements for the recordation of a final subdivision map when land is to be divided into five or more parcels, or a parcel map where land is to be divided into less than five parcels, in conformity with the authorization of the State Subdivision Map Act, excepting those subdivisions of land identified herein. It is further the purpose of these regulations to require the subdivider to properly install streets and drains in accordance with the provisions of the State Subdivision Map Act and the standards and specifications adopted by the City; to require the subdivider to do the original work of placing the streets in a proper condition before the maintenance thereof is taken over by the City; to provide for the regulation and control of the design and improvement of a subdivision with a proper consideration of its relation to adjoining areas and the effect said subdivision would have on such areas; to require the establishment of open spaces and recreational areas in accordance with rules and regulations that presently exist or may hereafter be adopted; to provide for the designation and acquisition of sites for necessary public facilities to serve residential areas that are developed as the result of the subdivision of land; in the coastal zone, as defined in Public Resources Code Section 30103, to require full compliance with the provisions of the certified local coastal program; and to prevent fraud and exploitation in the sale of subdivisions or parts thereof in the interests of protecting the public, which has been declared to be the public policy of the state of California. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.102).

The General Plan of the City, as presently adopted or as it may hereafter be amended, is accepted as a guide for the use of all land within the boundaries of the City and for those properties located in the unincorporated area wherein land use is defined in said General Plan. All land shall be subdivided and developed in accordance with the provisions and regulations of the comprehensive zoning ordinance of the City as it may be applied to the property subject to subdivision at the time of the filing of a subdivision map, or in accordance with such zoning as may later be applied to the property as a condition of a zoning ordinance incorporating land into a particular zone subject to the filing of a subdivision map. In the coastal zone, as defined in Public Resources Code Section 30103, the certified local coastal program shall constitute the standard for all use of land. No subdivision approval shall be given to any project located in the coastal zone which is found to be in conflict with the certified local coastal program. The type and intensity of land use as shown in the Bayfront Land Use Plan shall determine the types of streets, roads, highways, utilities, and public services that shall be provided by the subdivider. For lands within the coastal zone, the subdivider shall obtain a coastal development permit, as prescribed in Chapter 19.83 CVMC, in addition to the other requirements of this code. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(1)).

In designing and aligning streets within the subdivision, consideration shall be given to the previously established street and highway network contiguous to the proposed subdivision, the effect of the extension of said streets and alignment thereof in undeveloped land surrounding the subdivision, provision for uniformity of street widths, and for the total program of properly relating street alignments and street names. Preservation of the privacy and safety of streets in residential areas shall be encouraged by the minimizing of through traffic in such areas. The number of intersections on through streets and highways shall be reduced to a minimum consistent with the basic needs of ingress and egress while ensuring adequate access to all areas. Intersections shall be so designed to provide for the greatest safety, both for pedestrians and motorists. Provision shall be made for assuring adequate light, air and privacy on all parcels of property, regardless of the land use. The trees, topography and other natural cover of the land shall be respected, and streets shall be designed so as to prevent excessive grading and scarring of the landscape. In the coastal zone, as defined in Public Resources Code Section 30103, the design and alignment of streets shall be consistent with the provisions of the certified local coastal program. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(2)).

The subdivision procedures contained in this title and other requirements and regulations adopted by ordinance and incorporated in this code or by resolution of the City Council shall provide necessary land and development thereof for parks, open space, schools, playgrounds and other required public facilities serving said subdivision. This title establishes procedures for the referral of proposed subdivision maps to those boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner coincident with a subdivision of land and in accordance with such standards as may be adopted in the General Plan for the City. In order to facilitate the acquisition of land areas required to implement this policy, the Commission may recommend that land be reserved by the subdivider for a certain period of time and subject to such conditions as prescribed herein, to permit the acquisition by the appropriate public agency of said land for open space, parks, playgrounds, and schools and other public purposes. The Council may, under such conditions and circumstances as provided in this code, require that land be dedicated or fees be levied to accomplish this purpose. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.104(3)).

The provisions of this title, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.111(2)).