Delano Municipal Code Ch. 16.04 General Provisions

This title is enacted for the purpose of adopting subdivision regulations for the city. Such regulations shall be in addition to and shall be considered as supplementing the Subdivision Map Act of the State of California as they now exist or as they may be hereafter amended.

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public among other purposes, such provisions are intended to provide directly or indirectly for adequate, safe and wholesome community improvements, municipal services and other public facilities.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Pursuant to the provisions of Section 4, Division 2, of Title 7 of the Government Code, State of California, referred to herein as the Subdivision Map Act and in addition to any regulations provided by law, the regulations hereafter in this title shall apply to all subdivisions or parts of subdivisions hereafter made, entirely or partially within the limits of the city.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Any action or proceeding commenced before the effective date of the ordinance codified herein is not affected by the provisions in this title.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The City Council of the City of Delano, State of California, hereinafter referred to as the city council or council, is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act. All plans, plots, subdivision maps or replots of land, building lots and the streets, alleys or other portions of the same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located in the city, shall be submitted to city staff who shall report thereon in writing to the council before the council takes action.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The minor subdivision committee, pursuant to Section 16.40.070, is designated as the advisory agency with respect to minor subdivisions and parcel maps as provided in the Subdivision Map Act. The committee shall report a record of its findings pursuant to Section 16.40.070. Approval of the minor subdivision committee report, barring appeal, shall be considered final before submission to the county recorder of the minor subdivision or parcel map.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels except where:

A. The land before divisions contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body;

B. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

D. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger, or such other amount, up to sixty acres, as may be specified by local ordinance.

A parcel map shall be required for those subdivisions described in subdivisions A, B, C and D.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

It is unlawful to sell, lease, offer for sale or lease, or cause or permit to be sold or leased or offered for sale or lease, any subdivision or any part thereof of real property, improved or unimproved in the city unless and until the final map has been recorded and three copies of the recorded map returned to the city clerk.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Any sale or contract to sell made contrary to the provisions of this title is voidable to the extent and in the same manner provided in Section 11540 of the Business and Professions Code of the state, or as hereafter amended.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Compliance with the provisions of this title is a condition precedent to the issuance of a building permit by the city for the erection, construction, enlargement, alteration, repair, improvement, removal, conversion or demolition of any building or structure on any lot or parcel of land in the city.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Compliance with the provisions of this title is a condition precedent to city maintenance of streets of all subdivisions, the improvements of which have not been accepted, and from all areas offered for dedication to the public which have not been accepted by the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).