Dos Palos Municipal Code Title 16 Subdivisions

239 (Dos Palos 9-98)

u

16.04.010

Chapter 16.04 subdivisions, the form and content of tentative, final,
and parcel maps, and the procedure to be followed
GENERAL PROVISIONS in securing official approval shall be governed by
the provisions of the Subdivision Map Act and by

Sections: the additional provisions of this title. (Ord. 255

required. ordinance codified in this title, unless those lots are

improvement. intended by this title to repeal, abrogate, or in any

duties. with private restrictions placed upon the property by deed, covenant, or other private agreements, or with

This title shall be known as and may be cited as those improvement standards applicable at the time the "city of Dos Palos subdivision ordinance." This a tentative subdivision or parcel map is approved, title is deemed necessary in order to protect the shall be imposed. public health, safety, and general welfare, including B. The provisions of this title shall not be appli- the orderly growth and development of the city; the cable to: beneficial use of land in the public interest; the 1. The financing or leasing of apartments, offic- conservation, stability, and protection of property es, stores or similar space within apartment build- values, and to assure provision for necessary utili- ings, industrial buildings, commercial buildings, ties, public roads, and other conveniences in subdi- mobilehome parks or trailer parks; vided areas. (Ord. 255 (part), 1982) 2. Minera1 oil or gas leases; 3. Land dedicated for cemetery purposes under

Pursuant to the authority conferred by Title 7, nia; Division 2 of California Government Code cited as 4. A lot line adjustment between two or more the Subdivision Map Act and in addition to any existing adjacent parcels, where the land taken from other regulations provided by law, the regulations one parcel is added to an adjacent parcel, and where contained in this title are established herewith and a greater number of parcels than originally existed shall apply to all subdivisions or parts of subdivi- is not thereby created, provided the lot line adjust- sions wholly or partly within the city, and to the ment is approved by the planning commission preparation, filing, and approval of maps. (Ord. 255 following the filing by the divider of an application (part), 1982) therefore furnished by the city and the payment of an application processing fee in a sum as may be

The design, improvement, and survey data for 5. Boundary line or exchange agreements to which the State Lands Commission or a local agen- .

240-1 (Dos Palos 9-98)

16.04.040

cy holding a trust grant of tide and submerged lands C. Whenever it has been determined that real is a party; property has merged pursuant to the Subdivision 6. Short-term leases (terminable by either party Map Act or this title, the secretary of the planning or not more than thirty days notice in writing) of a commission shall cause to be filed for record with portion of the operating right-of-way of a railroad the county recorder a notice of such merger speci- corporation defined as such by Section 230 of the fying the names of the record owners and particular- Public Utilities Code unless a showing is made in ly describing the real property, provided that, at individual cases, under substantial evidence, that least thirty days prior to the recording of the notice, public policy necessitates the application of such the owner of the parcels or units to be affected by regulations to such short-tenn leases in such individ- the merger shall be advised in writing of the inten- ual cases. (Ord. 255 (part), 1982) tion to record the notice and specifying a time, date and place at which the owner may present evidence

A. Two or more contiguous parcels or units of not be recorded. (Ord. 255 (part), 1982) land which have been created under the provisions of the Subdivision Map Act or city ordinance enact- 16.04.060 Separate maps-When required. ed pursuant thereto or were not subject to such A separate map shall be prepared for each· sub- provisions at the time of their creation shall not division where land is separated from other land in merge by virtue of the fact that such contiguous a parcel or holding by division other than a street, parcels or units are held by the same owner, and no highway, approved private road, alley, railroad right- further proceeding under the Subdivision Map Act of-way, flood control right-of-way, canal, or public or this chapter shall be required for the purpose of utility right-of-way. (Ord. 255 (part), 1982) sale, lease or financing of such contiguous parcels or units, or any of them; except that if any one of 16.04.070 Control of design and such contiguous parcels or units held by the same improvement. owner does not confonn to standards for minimum Control of design and improvement of subdivi- parcel size to permit use or development under the sions is vested in the city council. (Ord. 255 (part), provisions of the zoning ordinance or other city 1982) ordinance and at least one of such contiguous par- cels or units is not developed with a building for 16.04.080 Map approval-Generally. which a permit has been issued by the city building Jurisdiction to approve tentative and final subdivi- inspector or which was built prior to the time such sion maps and tentative parcel maps within the city permits were required by the city, then such parcels is vested in the city council. Authority to approve shall be merged only to the extent necessary to fonn parcel maps conforming to approved tentative parcel one or more units which confonn to lot area, width maps is delegated to the director of public works. and depth requirements set by the city zoning ordi- (Ord. 255 (part), 1982) nance, for the purposes of the Subdivision Map Act and this title. 16.04.090 Advisory agency. B. Any parcels or units of land merged prior to The planning commission is designated as the July 7, 1977, shall be deemed unmerged and sepa- advisory agency to the city council on all matters rate parcels except where merger is necessary to related to the subdivision of land. (Ord. 255 (part), fonn one or more units which confonn to the area, 1982) width and depth requirements set by the city zoning ordinance. 16.04.100 Delegation of powers and duties. Whenever, by the provisions of this title, a power ,~}! ' (Dos Palos 9-98) 240-2

16.04.100

or authority is given to, or where a duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law unless it is ex- pressly provided that it shall be exercised in person. (Ord. 255 (part), 1982)

240-3 (Dos Palos 9-98)

16.08.010

Chapter 16.08 16.08.390 Parcel map.

DEFINITIONS 16.08.410 Plan line.

Sections: 16.08.430 Private road.

collector and local. 16.08.490 Specific plan.

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16.08.040

16.08.040 Alley. 16.08.110 Commission. "Alley" means any dedicated way intended for "Commission" means the city planning vehicular service to the rear or to the side of commission. (Ord. 255 (part), 1982) property served by a public road. (Ord. 255 (part), 1982) 16.08.120 Community apartment. "Community apartment'' means an individual

"Approved" means approved by the city council right of exclusive occupancy of an apartment unit or by the department having jurisdiction on such which is part of a community apartment project. matters, unless otherwise specified. (Ord. 255 (part), (Ord. 255 (part), 1982) 1982)

"Approved private road" means a strip of land consisting of an individual interest in common in a approved by the city council for road purposes, portion of a parcel of real property together with a which has not been dedicated or accepted as a pub- separate interest in space in a residential, industrial lic road and which connects a parcel of land with a or commercial building on such real property such public road. (Ord. 255 (part), 1982) as an apartment, office, or store. (Ord. 255 (part), 1982)

and local. 16.08.140 Council. "Arterial," "collector," "local collector," and "lo- "Council" means the city council. (Ord. 255 cal" mean a road designated as such in the circula- (part), 1982) tion element of the general plan of the city and adopted by the city council. (Ord. 255 (part), 1982) 16.08.150 County recorder. "County recorder'' means the county recorder of

"Building inspector" means the building inspector for the city, duly appointed by the city manager 16.08.160 Cul-de-sac. with concurrence of the city council. (Ord. 255 "Cul-de-sac" means a road which tenninates in (part), 1982) a permanent tum-around and which by design is not intended to continue beyond its terminal point. (Ord.

"City engineer'' means the city engineer for the city, duly appointed by the city council. (Ord. 255 16.08.170 Dead-end road. (part), 1982) "Dead-end road" (stub road) means a road which is terminated at the boundary line of the subdivision

"Clerk" means the city clerk for the city, duly date to provide access to abutting land. (Ord. 255 elected by the residents of the city. (Ord. 255 (part), (part), 1982) 1982)

"Dedicated road" means a right-of-way dedicated to the city for road purposes, and legally accepted as such by the city. (Ord. 255 (part), 1982)

240-5 (Do.s Palos 9~98)

16.08.190

16.08.190 Design. lot or contiguous lots on a lawfully established ''Design" means: subdivision map or record of survey so existing A. Street alignments, grades and widths; upon the effective date of the ordinance codified in B. Drainage and sanitary facilities and utilities this title, or a whole parcel of land under separate including alignments and grades thereof; ownership so existing upon the effective date of the C. Location and size of all required easements ordinance codified in this title, or such a lot or sepa- and rights-of-way; rate parcel of land thereafter lawfully created. (Ord. D. Fire roads and fuebreaks; . 255 (part), 1982) E. Lot. size and configuration; F. Traffic access; 16.08.250 Expressway. G. Grading; ''Expressway" means a highway for through H. Land to be dedicated for park or recreation traffic with full or partial control of access and purposes; generally with intersections at grade. (Ord. 255 L Such other specific requirements in the plan (part), 1982) and configuration of the entire subdivision as may be necessary or convenient to insure conformity to 16.08.260 Final map. or implementation of the general plan or adopted "Final map" is the official map which is recorded specific plans. (Ord. 255 (part); 1982) by the county recorder indicating the divisfons of land within the subdivision. It shall conform with

"Director'' means the director of public works for 255 (part), .1982) the city of Dos Palos. (Ord. 255 (part), 1982)

"Dividing strip" means a separation between property which abuts on a public or approved pri- opposite directional flows of traffic. It may also vate road. (Ord. 255 (part), 1982) serve to separate a ro!ld or highway from the paral- lel frontage road which provides access to property. 16.08.280 Frontage road. (Ord. 255 (part), 1982) "Frontage road" (service road or outer highway) means those roads which parallel expressway,

"Double frontage lot" (or through lot) means a lot to abutting property or fQr circulation, and which are having frontage on two roads and having the right separated from the highway or street by a dividing of access to both of those roads, but excluding strip. (Ord. 255 (part), 1982) comer lots. (Ord. 255 (part), 1982)

"Easement for public road" means a right-of-way sive general plan for the orderly development of the offered to the city for.road purposes by a division city, adopted by the planning commission and the of land. Upon acceptance by the city, it is deemed city council, which may include any of the elements a city road. (Ord. 255 (part), 1982) listed in the Government Code of the state. (Ord. 255 (part), 1982)

"Existing lot or building site" means a designated 16.08.300 Improvement plans. "Improvement plans" means the plans, profiles,

(Dos Palos 9-98) 240-6

16.08.300

cross sections, and specifications of all proposed one public road or approved private road. (Ord. 255 improvements, including the information required by (part), 1982) Section 16.40.400 of this title, (Ord. 255 (part), 1982) 16.08.350 Map act. "Map act" means the Subdivision Map Act as set

A. "Improvement" refers to such street work and state of California. (Ord. 255 (part), 1982) utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or 16.08.360 Master plan. private streets, highways; and easements as are "Master plan" means the same as general plan. necessary for the general use of the lot owners in (Ord. 255 (part), I 982) the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the ap- 16.08.370 Nonaccess line. proval and acceptance of the final map or parcel "Nonaccess line" means a line delineated on a map. subdivision map, or described in a deed, which is B. "Improvement'' also refers to such other spe- for the purpose of prohibiting access. (Ord. 255 cific improvements or types of improvements, the (part), 1982) installation of which, either by the subdivider, by public agencies, by private utilities, by any other 16.08.380 Out-lot. entity approved by the city council, or by a combi- "Out-lot" means a lot designated alphabetically nation thereof, is necessary or convenient to insure on the subdivision map for specific use or nonuse. conformity to or implementation of the general plan, (Ord. 255 (part), 1982) or any approved specific plan. (Ord. 255 (part), 1982) 16.08.390 Parcel map. "Parcel map" means a map prepared for

"Improvement standards" means the same as accordance with an approved tentative parcel map standard specifications. (Ord. 255 (part), 1982) as provided for in Chapter 16.32 of the this title and state laws. (Ord. 255 (part), 1982)

"Local road" means any public road that is used 16.08.400 Person. or is intended to be used for the principal purpose "Person" means and includes any individual, firm, of serving as access to abutting property. (Ord. 255 corporation estate, receiver, syndicate or any group (part), 1982) or combination acting as a unit and the plural as well as the singular number. (Ord. 255 (part), 1982)

"Lot" means: 16.08.410 Plan line. A. A parcel of real property with a separate and "Plan line" means a precise location for a future distinct number or other designation shown on a street right-of-way as shown on a specific plan. subdivision map recorded in the office of the county (Ord. 255 (part), 1982) recorder; or B. A parcel of real property delineated on an 16.08A20 Planning director. approved record of survey map or parcel map as "Planning director" means the city manager who filed in the office of the county recorder and, if serves as the planning director in the city, duly required by the zoning ordinance, abutting at least

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16.08.420

appointed by the city council. (Ord. 255 (part), 1982) 16.08.490 Specific plan. "Specific plan" (precise plan) means a plan for

"Private road" means the same as approved pri- all detailed regulations, conditions, programs, and vate road. (Ord. 255 (part), 1982) proposed registration which shall be necessary or convenient for the systematic implementation of

"Public road" means any state highway, county 1982) or city street, avenue, highway or road. which is within the maintained road system of the public 16.08.500 Standard specifications. agency having jurisdiction thereof or to be included "Standard specifications" means the design and within the maintained road system by agreement improvement requirements established by the city between said agencies and the subdivider. (Ord. 255 council applicable at the time of approval of a tenta- (part), 1982) tive subdivision map or tentative parcel map and as set forth in the city "Standard Specifications" manu- 16.08,450 Restricted access strip. al or any amendments thereto. (Ord. 255 (part), "Restricted access strip" means a strip of land not 1982) less than one foot in width for the purpose of regulating access to part-width and dead end roads 16.08.510 Stub road. until such time as such roads may be completed or "Stub road" (dead end road) means a road which extended. (Ord. 255 (part), 1982) is terminated at the boundary line of the subdivision but which will be required to be extended at a later

commission. (part), 1982) "Secretary of the planning commission" means the director of public works or his designee. (Ord. 16.08.520 Subdivider. 255 (part), 1982) "Subdivider" means a person, firm, corporation, partnership, or association who proposes to divide,

"Front yard setback line" means the line which a subdivision for himself or for others, except that defines the depth of the required front yard. Said employees and consultants of such person or enti- setback line shall be parallel with the right-of-way ties, acting-in such capacity are not "subdividers." line or highway setback line when one has been (Ord. 255 (part), 1982) - established. (Ord. 255 (part), 1982)

yard. means a division by any subdivider, of any unit or "Rear yard or side yard setback line" means the units of improved or unimproved land, cir any por- line which defines the width or depth of the required tion thereof, shown on the latest equalized county rear or side yard. Said setback line shall be parallel assessment roll as a unit or as contiguous units for with the property line, removed therefrom by the the purpose of sale, lease, or fmancing whether perpendicular distance prescribed for the yard in the immediate or future, except for leases of agricultural zoning district. (Ord. 255 (part), 1982) land for agricultural purposes. Property shall be considered as contiguous units even if parcels are separated by streets, utility easements, or railroad

(Dos Palos 9·98) 240-8

16.08.530

right-of-ways. "Subdivision" includes a condomini- 16.08.570 Watercourse.
um project as defined in Section 1350 of the Civil "Watercourse" means a strip of land over which
Code of the state of California or community apart- water flows, having a definite bed, bank, and chan-
ment project as defined in Section 1 I 004 of the nel wherein the water need not flow continually but
State Business and Professions Code. Any convey- usually flows in a particular direction. (Ord. 255
ance of land to a governmental agency. public enti- (part), 1982)
ty, or public utility shall not be considered a divi~
sion of land for purposes of computing the number 16.08.580 Zone district.
of parcels. As used in this section "agricultural pur- "Zone district" means the district established by
poses" means the cultivation of food, or fiber or the the zoning ordinance. (Ord. 255 (part), 1982)
grazing or pasturing of livestock. (Ord. 255 (part),
1982)

"Temporary turnaround" means paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedicated right-of-way or upon a temporary easement to be obliterated when said road is extended (Ord. 255 (part), 1982)

"Tentative parcel map" means the tentative map for a division ofland defined in Section 1632.0IOB of this title which is required to be presented to the secretary of the planning commission in order to officially commence the process of dividing land ac- cording to the requirements of this code. It shall confonn with the requirements of Chapter 16.24 of this title. (Ord. 255 {part), 1982)

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16.12.010