Chapter 4-60 — APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS

Sections:

Sec. 4-60-010. Purpose. Sec. 4-60-020. Authority. Sec. 4-60-030. Applicability. Sec. 4-60-040. Responsibility for Administration. Sec. 4-60-050. Advisory Agency. Sec. 4-60-060. Authority for Subdivision Decisions. Sec. 4-60-070. Type of Subdivision Approval Required. Sec. 4-60-080. Applications Deemed Approved. Sec. 4-60-090. Exceptions to Subdivision Standards. Sec. 4-60-100. Appeals. Sec. 4-60-110. Enforcement of Subdivision Regulations.

The provisions of this Article constitute the City of Gustine Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

This Article is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

• A. Subdivision approval required. Each subdivision of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this Chapter.

• B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Chapter and the Map Act, the Map Act shall control.

• C. Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Zoning and Subdivision Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

The Director and City Engineer are authorized and directed to administer and enforce the provisions of this Article and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Article.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-60. APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS Sec. 4-60-050. Advisory Agency.

• A. Advisory agency established. The advisory agency for subdivision review shall be the Planning Commission.

• B. Authority and duties. The advisory agency shall perform the following duties, and as further detailed in Section 4-60-060 (Authority for Subdivision Decisions). 1. Recommend to the Council the approval, conditional approval, or disapproval of Tentative Maps;

  2. Recommend to the Council the approval, conditional approval, or disapproval of requests for exceptions to of the City's design and improvement standards, in compliance with Section 4-60.090 (Exceptions to Subdivision Standards);

  3. Recommend modifications of the requirements of this Article;

  4. Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of Merced County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

  5. Perform additional duties and exercise additional authorities as prescribed by law and by this Article.

Table 6-1 (Subdivision Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Article.

TABLE 6-1. SUBDIVISION REVIEW AUTHORITY

Notes:

• (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 4-64 (Appeals).

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-60. APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS Sec. 4-60-070. Type of Subdivision Approval Required.

• (2) The Director may defer action and refer the request to the Commission, so that the Commission may instead make the decision.

Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with this Article. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map (for four or fewer parcels) or a Final Map (for five or more parcels) to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the adopted City standards, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

• A. Tentative Map requirements. The filing and approval of a Tentative Map is required for a subdivision or resubdivision of:

  1. Four or fewer parcels, as authorized by Map Act Section 66428; and

  2. Five or more parcels, and all other types of subdivisions required to have Tentative Map approval by Map Act Section 66426.

• B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:

  1. Parcel Map. The filing and approval of a Parcel Map (Chapter 4-62) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

  - **a. Public agency or utility conveyances.** Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case; 
  
  - **b. Rail right-of-way leases.** Subdivisions of a portion of the operating rightof-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or 
  
  - **c. Waived Parcel Map.** A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 4-62-030 (Waiver of Parcel Map). 
  

  2. Final Map. The filing and approval of a Final Map (Chapter 4-62) shall be required for a subdivision of five or more parcels.

• C. Exemptions from subdivision approval requirements. The types of subdivisions identified by Map Act Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this Article.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-60. APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS Sec. 4-60-080. Applications Deemed Approved.

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2, Chapter 3 (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Zoning and Subdivision Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before any zoning approval or Building Permit is issued. Parcel or Final Maps filed for record after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

An exception to a provision of Chapter 4-68 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this Article that is duplicated or paraphrased from the Map Act.

• A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

• B. Filing and processing. A request for an exception shall be filed and processed as follows.

  1. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time.

  2. The approval of an exception shall not constitute approval of the Tentative Map and the approval or denial of an exception shall not extend the time limits for the expiration of the map established by Section 4-61-140 (Expiration of Approved Tentative Map).

  3. An exception request may be filed after the approval of a Tentative Map, but shall be considered by the Tentative Map review authority in the same manner (e.g., after a public hearing) as the original Tentative Map.

• C. Approval of exception. The Council shall have the authority to approve or deny exception requests in compliance with this Section. The Council shall not grant an exception unless all the following findings are first made:

  1. For exceptions granting relief of a specified requirement or standard:

  - **a.** Due to special circumstances or conditions affecting this property, the strict application of Chapter 4-68 would create an unnecessary hardship; 
  
  - **b.** The exception is consistent with the intent of the requirements of Chapter 4-68 and does not constitute a grant of special privilege; 
  
  - **c.** The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 4-68; and 
  
  - **d.** The granting of the exception will not be detrimental to the public health, safety, convenience and general welfare or injurious to other property in the territory in which said property is situated.
  

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-010. Purpose.

• e. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable specific plan.

• D. Conditions of approval. In granting an exception, the Council shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

Any interested person may appeal any decision of the Director to the Commission, and may appeal any decision of the Commission to the Council, in compliance with Chapter 4-64 (Appeals).

• A. Violations. Any person who violates any provision of this Article shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 4-69 of this Zoning and Subdivision Code (Enforcement and Penalties).

• B. Remedies. If construction activity on property subject to a Final Map or Parcel Map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the City Engineer may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the City Engineer to proceed. For the purposes of this Section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.