§ 16.02

This title is adopted to supplement and implement the Subdivision Map Act (Section 66410 et seq. of the Government Code of the State of California) and may be cited as the subdivision ordinance of the City of Clayton. In adopting the ordinance codified in this chapter, it is determined that these regulations are necessary for the preservation of public health, safety and the general welfare, to promote orderly growth and development and the conservation, protection and proper use of land to ensure provisions for adequate traffic circulation, utilities and services and to implement the General Plan.

(Ord. 235, 1987)

The purpose of this title is to regulate and control the division of land within the city and to supplement the requirements of the Subdivision Map Act relating to the content of maps to be provided for all land and condominium divisions and to describe the procedure and roles to be followed in obtaining official approval of such maps.

(Ord. 235, 1987)

Under the provisions of the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations contained in this title shall apply to all subdivisions of land hereafter made entirely or partially within the incorporated boundaries of the City. As an exception, this title shall not apply to:

A.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

B.

Mineral, oil or gas leases;

C.

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

D.

A lot line adjustment between two (2) 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. The Planning Commission shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances. The Planning Commission shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded;

E.

Boundary line or exchange agreements to which the State Land Commission or a local agency holding a trust grant of tide and submerged lands is a party;

F.

Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

G.

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land;

H.

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement.

I.

The financing or leasing of existing separate commercial or industrial building on a single parcel;

J.

The construction, financing, or leasing of dwelling units pursuant to Government Code Section 65852.1, or second units pursuant to Government Code Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units;

K.

The leasing of agricultural land for agricultural purposes. As used here, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Ord. 235, 1987)

In carrying out the provisions of this division, the city shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the city is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

(Ord. 235, 1987)

Any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the subdivision Map Act or city ordinance. Owners of parcels or units of land affected by the provisions of this section, shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to Government Code Section 66499.35 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of the Subdivision Map Act and this ordinance, as required pursuant to subdivision (a) of Government Code Section 66499.35, the presumption declared in this section shall not be operative.

(Ord. 235, 1987)

A subdivision shall be deemed established for purposes of subdivision (d) of Government Code Section 66499.30 and any other provision of this title on the date of recordation of the final map or parcel map, except that in the case of (1) maps filed for approval prior to March 4, 1972, and subsequently approved by the city or (2) subdivisions exempted from map requirements by a certificate of compliance applied for prior to such date and subsequently issued by the city pursuant to this ordinance, the subdivision shall be deemed established on the date the map or application for a certificate of compliance was filed with the city.

(Ord. 235, 1987)

A.

When any area in a subdivision as to which a final map has been finally approved by a board of supervisors and filed for record pursuant to the Subdivision Map Act is thereafter annexed to the city, the final map and any agreements relating to such subdivision shall continue to govern such subdivisions.

B.

When any area in a subdivision or proposed subdivision as to which a tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by local ordinance but which has not been recorded, is annexed to the city, all procedures and regulations required by this ordinance shall be deemed to commence as of the effective date of the annexation and the map shall comply with the requirements of any applicable ordinance of the city.

(Ord. 235, 1987)

Chapter 16.04 - DEFINITIONS—RESPONSIBILITIES

Sections:

16.04.010 - Definitions.

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in the Subdivision Map Act and in this title are defined as follows:

A.

"Advisory Agency" means the Planning Commission is designated as the Advisory Agency for the purpose of implementing the Map Act and this title as it relates to tentative maps;

B.

"Appeal Board" means the City Council is designated as the Appeal Board in accordance with the Map Act and will receive, hear and make determinations upon appeals filed under this title relating to tentative maps;

C.

"Block" means the length of frontage along the property line between consecutive streets intersecting the frontage; and may also mean that area bound on all sides by the adjacent streets, right-of-way, railroads, public areas or subdivision boundary and includes one or more lots or parcels;

D.

"California Environmental Quality Act (CEQA)" means California Public Resources Code Section 21000 et seq.;

E.

"City" means the City of Clayton, State of California, of which the governing body is the City Council;

F.

"City Engineer" means the city engineer shall advise the Planning Commission concerning streets, engineering, and matters related to the office as required by law;

G.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property;

H.

"Design" means:

Street alignments, grades and widths,

2.

Drainage and sanitary facilities and utilities, including alignments and grades thereof,

3.

Location and size of all required easements and rights-of-way,

4.

Fire roads and fire breaks,

5.

Lot size and configuration,

Traffic access,

Grading,

8.

Land to be dedicated for park and recreational purposes, and

9.

Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan;

I.

"Environmental Impact Report (EIR)" means a detailed statement setting forth the environmental effects and consideration pertaining to a project as specified in the California Environmental Quality Act, and may

mean either a draft or a final map.

J.

"Final map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act, and which, upon proper approval by the City Council, will be filed in the office of the recorder of the County of Contra Costa.

K.

"Frontage" means the width of the lot or block measured along the property line adjacent to the street.

L.

"Frontage improvements" means curb, gutter, sidewalks, street lighting, landscaping, paving and fencing or any combination thereof.

M.

"General plan" means the general plan of the city, adopted July 17, 1985, with all amendments and supplements thereto.

N.

"Improvement plan" means a properly prepared and approved plan showing the location and construction details including specifications of all improvements required for the subdivision.

O.

"Improvements" includes all work required to be installed by the subdivider of the land as a condition precedent to the approval and filing of the final map including, but not limited to streets, sidewalks, curbs and gutters, drainage, street lights, landscaping and irrigation systems and other improvements as defined by Section 66419 of the Government Code.

P.

"Lot" means that portion of a parcel of land which is delineated or described as a single integral unit on the subdivision map.

Q.

"Map Act" means the Subdivision Map Act of the State of California contained in Section 66410 et seq. of the Government Code.

R.

"Parcel" means all land that is contiguous and under one deed of ownership.

S.

"Parcel Map" means a map prepared in accordance with the provisions of this title and Section 66444 et seq. of the Government Code.

T.

"Planning Commission" means the body established by the City Council in accordance with Section 65100 et seq. of the Government Code empowered to carry out the functions pertaining thereto and which is designated advisory agency for the purpose of acting on tentative maps in accordance with the Map Act.

U.

"Planning staff" means the technical staff of the city that provides support to the Planning Commission, including retained consultants.

V.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers".

W.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad right-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professional Code.

X.

"Tentative map" and "Tentative parcel map" means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it prepared and filed in accordance with Section 66452 of the Government Code and this title.

Y.

"Vesting tentative map" and "vesting tentative parcel map" refers to a map which meets the requirements of Section 66452 of the Government Code and this title. Where "Tentative map" or "Tentative parcel map" are stated in this title, they shall also mean "Vesting tentative map" and "Vesting tentative parcel map".

Z.

"Zoning ordinance" means Title 17 of this code.

(Ord. 235, 1987)