Article I — Purpose and Authority for Chapter

This chapter establishes requirements for the preparation, filing, approval or disapproval of subdivision maps, consistent with the requirements of the Map Act. The purpose of these regulations, and the intent of the city in their adoption, is as follows:

A.

To provide policies, standards, requirements and procedures to regulate and control the design and improvement of all subdivisions within the city;

B.

To assist in implementing the objectives, policies and programs of the general plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the general plan and all applicable specific plans of the city;

C.

To preserve and protect, to the maximum extent possible, the unique and valuable natural resources and amenities of the city's environment, including topographic and geologic features, open space lands, stream recreational areas, fish and wildlife habitats, historical and cultural places, and scenic vistas and attractions; and, to maximize the public's access to and enjoyment of such resources and amenities through the dedication or continuance of applicable easements thereto;

D.

To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities, utilities and open space;

E.

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

F.

To provide streets of adequate capacity and design and to ensure maximum safety for pedestrians and vehicles;

G.

To ensure adequate access to each building site;

H.

To provide sidewalks, and where needed, pedestrian ways, bike paths, and equestrian and hiking trails for the safety, convenience and enjoyment of the residents of new developments;

I.

To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities needed for the public health, safety and convenience;

J.

To provide adequate sites for public facilities needed to serve the residents of new developments;

K.

To ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights- of-way, and for the improvements needed to serve new developments, are the responsibility of the subdivider;

L.

To prevent land which is actually or potentially dangerous by reason of flood hazard, inundation, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities, hazardous geological conditions, or critical soil conditions from being subdivided for any use or in any manner tending to create an increased detriment to the public health, safety or welfare;

M.

To ensure that, insofar as possible, land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the general plan;

N.

To reduce the hardships on tenants displaced when multi-residential buildings are converted to condominium projects and to protect the purchasers of dwelling units in such condominium projects.

(Ord. No. 449, § 1, 7-21-2009)

A.

These regulations are adopted pursuant to the Subdivision Map Act (Title 7, Division 2, Government Code) as a "local ordinance" as said term is used in said act and are supplemental to the provisions thereof. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall, nevertheless, apply to all subdivisions, subdivision maps and proceedings under these regulations.

B.

Nothing in this section shall be read to limit the right of the city to enact such further provisions concerning the division of land as are deemed necessary to protect the public health, safety and welfare.

(Ord. No. 449, § 1, 7-21-2009)

Neither the approval nor conditional approval of a subdivision map shall authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the City Code of the City of Colusa or other applicable ordinances or regulations adopted by the city.

(Ord. No. 449, § 1, 7-21-2009)

Definitions hereinafter set forth shall be supplementary to the definitions contained in the Subdivision Map Act. For the purposes of these regulations, and the Subdivision Map Act, the following words and phrases shall be construed as defined in this section:

A.

"Alley" means a public way, other than a street or highway, providing a secondary means of vehicular access to abutting property.

B.

"Certificate of compliance" means a certificate issued by the planning director and recorded in the office of the Colusa County recorder certifying that a parcel or parcels of real property comply with the provisions of this chapter and the Subdivision Map Act.

C.

"Commission" means the planning commission of the City of Colusa;

D.

"Condominium project" means a condominium project as defined in Section 1350 of the Civil Code of the state of California, a community apartment project as defined in Section 11004 of the Business and Professions Code of the state of California or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the state of California.

E.

"Design criteria and improvement standards" means criteria and standards approved by resolution of the council setting forth the manner in which subdivisions and subdivision improvements are to be designed and constructed.

F.

'Director" means the director of the planning department of the city or an authorized representative.

G.

"Fire protection" means such fire hydrants, fire roads and protective measures as may be required for protection of property within a subdivision.

H.

"Flood hazard" means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings or erode the banks of watercourses.

I.

"General plan" means the general plan of the City of Colusa.

J.

"Lot" means a parcel of land which is identified on a final map or parcel map recorded in the office of the Colusa County recorder with a separate and distinct number or letter.

K.

"Model home" means a single or two-family residential structure (including individual dwelling units in planned development, or condominium project) which is used for the purposes of display, advertising, promotion or sales of other substantially identical structures in the same or contiguous subdivisions and for which construction is to commence prior to the completion and acceptance of all required subdivision improvements.

L.

"Multi-family residential building" means a building having two or more dwelling units. "Multi-residential building" also includes two or more buildings, each having one or more dwelling units, which are located on the same lot or parcel.

M.

Neighborhood park facilities means any park facilities which are intended to serve the recreational needs of only a portion of the residents and other inhabitants of the city.

N.

"Park facilities" or "park facility" means parkland and all improvements to such land and the adjoining rights-of-way which are determined necessary for the development and use of land for park and recreational purposes.

O.

"Pedestrian way" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way, at-grade, or grade separated from vehicular traffic.

P.

"Planned development" means a planned development as defined in Section 11003 of the Business and Professions Code of the State of California.

Q.

"Public way" means any street, highway, alley, pedestrian way, equestrian or hiking trail, bike path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way, or other way in which the public has a right of use.

R.

"Roadway" means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicles.

S.

"Specific plan" means and includes a plan for a specific portion of the city, or a plan for a specific municipal function of the city which has been acted upon by the planning commission and adopted by the city council.

T.

Streets.

a.

"Arterial street" means a street carrying the vehicular traffic of local and collector streets to and from freeways and other arterial streets, with protected intersections.

b.

"Collector street" means a street which collects and distributes vehicular traffic moving between arterial streets and local streets and which generally provides direct access to abutting properties.

c.

"Cul-de-sac street" means a street which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround.

d.

"Local street" means any street other than a collector street, arterial street or freeway, providing direct access to abutting property and serving local as distinguished from through traffic.

U.

"Subdivision" means and includes any division for gift or for token consideration.

V.

'Subdivision standards." A set of detailed standards adopted by resolution of the city council to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports, schedules for fees to be charged, and such other matters as the city council finds to be necessary to properly supplement the provisions of this chapter in the processing of subdivisions and the improvements thereof. Reference to "this chapter" shall include the subdivision standards.

W.

"Vehicular access rights" means the right of easement for vehicular access of owners or occupants of abutting lands to a public way.

X.

"Water supply" means such water supply and distribution facilities as are necessary to provide a reliable and adequate water supply for appropriate residential, commercial and industrial use and for public and private fire protection purposes.

(Ord. No. 449, § 1, 7-21-2009)