Dunsmuir Municipal Code Art. I In General

For the purpose of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. Generally. The words and phrases "advisory agency," "design," "final map," "improvements," "record of survey map" and "tentative map" as defined in the Subdivision Map Act are adopted as partial definitions of such words and phrases whenever they appear in this title.

B. "Lot" means a parcel of land under one ownership used or capable of being used under the regulations of this title, and the zoning regulations of the city.

C. "Owner" means the person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.

D. "Subdivider" means any person commencing proceedings under this title to effect a division or subdivision of land for himself or for another.

E. "Subdivision" means any unit or part of a unit or contiguous units of real property, improved or unimproved, which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into three or more parcels, any one of which contains less than ten (10) acres, or any division of property in which any street opening or widening or other access is required by the planning commission to provide access to any lot; provided, that this title shall not apply to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building or trailer park, nor shall this title apply to mineral, gas or oil leases.

(Prior code § 18-1; Ord. No. 549, § 1, 7-30-2015)

The ordinance codified in this title is adopted for the purpose of establishing minimum regulations and standards for the division and subdivision of land, for the design, improvements and survey data related thereto, for the physical alteration of the land and drainage features involved therein or related thereto, and for on- or off-site improvements of benefit or necessity to the site or general site area; and for the following purposes:

A. To provide a guide for owners in the proper division of their land, and for the planning commission in its consideration of proposed land divisions;

B. To serve as a means of implementing the master plan, and of accomplishing the portions of the master plan which apply to the properties proposed for division or subdivision under the regulations of this title.

No person, as a principal, agent or otherwise, shall offer to sell or lease, contract to sell or lease or sell or lease any division or subdivision of land or any part thereof in the city unless all of the requirements provided in this title have been complied with.

(Prior code § 18-2; Ord. No. 549, § 1, 7-30-2015)

A. The planning commission is designated as the advisory agency with respect to subdivisions and the division of land as provided in the Subdivision Map Act.

B. The planning commission shall assume all the duties with respect to the division and subdivision of land, the design and improvements thereof and the procedures relating thereto which are specified. by law and by this title. The planning commission shall have the right and duty to exercise judgment and apply conditions to insure compliance with the purposes of this title.

(Prior code § 18-3; Ord. No. 549, § 1, 7-30-2015)

Cross reference— As to planning commission generally, see Ch. 2.24 of this code.

A. The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exceptions shall be made by a petition of the subdivider, stating fully the grounds of the application and the fact relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivisions. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission find the following facts with respect thereto:

1. That there are special circumstances or conditions affecting the property;

2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

B. In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.

C. In recommending the authorization of any exception under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.

D. Upon receipt of the report, the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the city council deems necessary to substantially secure the objectives of this title.

(Prior code § 18-4; Ord. No. 549, § 1, 7-30-2015)

Appeals of any action taken by the planning commission are subject to all applicable provisions of the Subdivision Map Act (Government Code Section 66410 et seq.).

(Prior code § 18-5; Ord. 497 § 18, 1995; Ord. No. 549, § 1, 7-30-2015)