Del Mar Municipal Code Ch. 24.01 General Provisions

This Title shall be known as the "Subdivision Ordinance" and may be cited as such, and is adopted to supplement and implement the Subdivision Map Act.

(Ord. No. 396)

A. Except as otherwise provided in this Title, all of the provisions of the Act and this Title shall apply to the creation of subdivisions.

B. In applying this Title, the City shall consider the effect of its ordinances and actions on the housing needs of the region, and balance these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code § 66412.2)

No person shall create a subdivision except in accordance with provisions of the Act and this Title.

The Planning Commission is hereby designated as the advisory agency and may prescribe, subject to review by the City Council, such additional rules and procedures as are necessary to accomplish their advisory duties.

A. All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with this Code and the rules and procedures adopted by the City Council pursuant to the Environmental Quality Act of 1970. Consequently, decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following:

1. Tentative Maps.

a. Negative Declaration. Upon a deter-monition of exemption or receipt of a negative declaration with respect to any tentative map or tentative parcel map, the Planning Commission and the City Council may proceed to consider the map without an environmental impact report.

b. Environmental Impact Report. With respect to any tentative map or tentative parcel map for which an environmental impact report is required, the City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the map.

B. An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the Government Code, until after the environmental review for such subdivision has been accomplished.

All subdivisions shall, as a condition of approval, comply with the City standards for erosion and grading control, including prevention of sedimentation or damage to off-site property. (Government Code § 66411)

To ensure that pollutants and runoff from development subject to the provisions of this Chapter will be reduced to the maximum extent practicable, all subdivisions shall comply with the City standards for Storm Water Management and Discharge Control.

(Ord. No. 736)

A. For every subdivision, a preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings shall be submitted to the building official with respect to the subdivision lots and to the City Engineer with respect to public improvements. (Government Code § 66490)

B. A preliminary soils report may be waived by the City providing the City finds that due to the knowledge of the City as to the soils qualities of the soils in the subdivisions, no preliminary analysis is necessary.

C. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

D. The City Council may approve the subdivision or portion thereof where such soils problem exists if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Government Code § 66491)

The City Council shall not approve or conditionally approve any map if:

A. The City Council makes any of the findings contained in Section 66474 of the Act.

B. The final or parcel map is not in substantial compliance with the previously approved tentative map. (Government Code § 66474.1)

C. The City Council has not taken action in accordance with Section 66474.5 of the Act relating to land projects.

D. In accordance with 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this Title and the Act.

E. The resulting parcels are too small to sustain agricultural use in accordance with Section 66474.4 of the Act.

In accordance with Section 66474.6 of the Act, the City Council may disapprove a map based upon the discharge of waste.

A map of a condominium project, a community apartments project, or of the conversion of five or more existing dwelling units to a stock cooperative project shall be processed in accordance with Section 66427 of the Act.

When the failure of a map is the result of a technical and inadvertent error which does not materially affect the validity of the map, the failure shall be waived and the map approved. (Government Code § 66473)

Nothing in this Title shall prevent a purchaser of a unit of land created under the provisions of the Act or this Title from subdividing such land one time, pursuant to the provisions of the Act prior to the time that an equalized County assessment roll has been completed reflecting the creating of the unit proposed to be subdivided. (Government Code § 66424.1)

Notice of a hearing held pursuant to this Title shall be given in accordance with Section 66451.3 of the Act.

The subdivider shall place monuments in accordance with City standards.

A. The time limits specified in this Title for reporting and acting on maps may be extended by mutual consent of the subdivider and the body required to report or act. However, no body may require a routine waiver of time limits as a condition of accepting the application for, or processing of a map, unless the routine waiver is obtained for the purpose of permitting concurrent processing of a related approval or an environmental review on the same development project.

B. At the time that the subdivider makes an application pursuant to this division, the Planning Director shall determine whether or not the City is able to meet the time limits specified in this Chapter for reporting and acting on maps. If it will be unable to meet such time limits, the Planning Director shall, upon request of a subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the City to meet such time limits. However, the City need not enter into such a contract or employ such persons if it determines either that:

1. No such entities or persons are available or qualified to perform such services, or

2. The City would be able to perform service in a more rapid fashion than would any available and qualified persons or entities.

C. Such entities or persons employed by the City may, pursuant to an agreement with the City, perform all functions necessary to process maps and to comply with other requirements imposed pursuant to this Title except those functions reserved by this Title to the City Council. The City Council may charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this Section. (Government Code § 66451.1)

At the time of filing, the applicant shall pay a fee to the City for the examination, review, processing and inspection related to such application in an amount established by resolution of the City Council. (Government Code § 66451.2)

The City Council may modify City standards in particular cases. Application for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity.

A. All Tentative Maps, Parcel Maps, and Final Maps shall identify the flood hazard area and the elevation of the base flood as shown on the most current FIRM, and shall reference the FIRM and FIRM revision date.

B. All Tentative Maps, Parcel Maps, and Final Maps and other proposed new development shall be consistent with the need to minimize flood damage.

C. All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

D. All subdivision proposals and other proposed new development shall have adequate drainage provided to minimize exposure to flood damage.

E. All Parcel Maps and Final Maps will provide the elevations of proposed structure(s), lowest floor, pad(s), and adjacent grade.

(Ord. No. 516)

If any provision of this Title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or application thereof, and to this end the provisions of this Title are severable.

(Ord. No. 396; Ord. No. 516)