Hanford Municipal Code Ch. 16.40 Administration and Enforcement

The commission is designated as the advisory agency referred to in the Subdivision Map Act and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions and is authorized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared and filed with the planning director according to the provisions of this chapter and the Subdivision Map Act; to determine the extent of the improvements required to be installed in subdivisions; and to report directly to the subdivider the action taken on tentative maps. The planning director is designated as the clerk to the advisory agency with the authority to receive preliminary and tentative maps of subdivisions according to the Subdivision Map Act.

(Prior code § 9-3.103)

The council shall set by resolution fees sufficient to cover the cost of processing the subdivision maps, waivers and other approvals required by the provisions of this chapter and the Subdivision Map Act. Such fees shall be paid to the city when maps and applications, in a form prescribed by this chapter and the planning director, are submitted for filing with the city.

(Prior code § 9-3.106)

A. The subdivider may elect to submit to the planning director a preliminary map of a proposed subdivision for city staff review.

B. The preliminary map shall be of the same size and scale as that required in this chapter for tentative maps and shall contain the following minimum information:

1. A key map showing the adjacent property, subdivisions, and roads or streets, the proposed streets in the subdivision, and other development which would affect the subdivision;

2. The name and address of the owner of record, subdivider and engineer or surveyor;

3. The date, north point and scale, showing the general topography contours and features;

4. The approximate locations and widths of proposed and existing street rights-of-way;

5. The approximate location, average size and number of lots;

6. The approximate acreage of the proposed tract; and

7. The intended land use and information on utilities, sanitary sewers, drainage, water and other improvements.

C. Upon filing the preliminary map, a nonrefundable fee set by resolution of the council shall be paid. Such fee shall be credited toward the filing fee for the tentative map if the tentative map is filed within 120 days after the date of filing the preliminary map.

D. Within ten days after the filing of the preliminary map, a review committee, composed of the planning director and the city engineer, or their designees, shall meet with the subdivider and his representatives, utility representatives, and such other city representatives as the review committee may invite to review the preliminary map.

The purpose of the preliminary map review shall be to afford the subdivider an opportunity to confer with the city staff and to become aware of the physical conditions, facts and policies which would affect the proposed subdivision, including the environmental law and constraints.

(Prior code § 9-3.105)

The commission may deny the approval of a tentative subdivision or parcel map if it makes any of the following findings:

A. That the proposed map is not consistent with applicable general and specific plans;

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

C. That the site is not physically suitable for the type of development;

D. That the site is not physically suitable for the proposed density of development;

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public;

H. That there will be a significant adverse environmental impact; and

I. That the discharge of waste from the proposed subdivision into the city sewer system would result in or add to the violation of existing requirements of the Regional Water Quality Control Board pursuant to the provisions of Division 7 of the Water Code of the state.

(Prior code § 9-3.801)

Where, in accordance with provisions of the zoning regulations, a use permit has been granted authorizing a planned unit development on the land or a portion of the land proposed to be subdivided, the plan of the subdivision shall conform with the plan of the planned unit development as approved by the commission and council. Exceptions to the subdivision regulations which are necessary to execute the planned unit development as approved by the commission and council may be authorized by the commission in accordance with the provisions of Sections 16.40.060 through 16.40.100.

(Prior code § 9-3.901)

Exceptions and conditional exceptions to the provisions of this title may be authorized by the commission.

(Prior code § 9-3.1101)

An application for an exception to the provisions of this title shall be made to the commission on a form prescribed by the commission. The subdivider shall state fully the grounds of the application, the facts relied upon, and any other data pertinent to the findings prerequisite to the granting of an exception set forth in Section 16.40.090. The application shall be filed with the planning director along with the tentative map. At the time of filing the application, the subdivider shall agree in writing to an extension of the time limit for action on the tentative map by the commission at the option of the commission.

(Prior code § 9-3.1102)

The planning director shall transmit copies of the application for an exception to the director of public works, fire chief and other interested departments of the city and may transmit copies to other public and private agencies to which the tentative map is referred, together with requests for recommendations on the proposed exception. Prior to the date set for the consideration of the tentative map, the director of public works and fire chief shall submit to the commission written reports of their recommendations regarding the proposed exception.

(Prior code § 9-3.1103)

The commission shall consider the application for an exception at the same meeting at which it considers the tentative map. An exception may be granted unqualifiedly, or may be granted subject to prescribed conditions, provided the commission shall make the following findings:

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

B. That the exception is necessary for the proper design and/or function of the subdivision;

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated;

D. That the granting of the exception is in accordance with the purposes prescribed in Section 16.04.010;

E. That the granting of the exception is in accordance with the objectives of the general plan and elements thereof and the zoning regulations.

(Prior code § 9-3.1104)

Commission action on an exception to a tentative subdivision or tentative parcel map shall be appealed in the same manner as prescribed by Sections 16.08.110 and 16.08.120 relating to subdivisions.

(Prior code § 9-3.1105)

A. Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Agent"

means a person or entity acting on behalf of and subject to the control of the owner of real property or of a person legally in possession of the real property.

"Agricultural activity, operation, or facility, or appurtenances thereof,

includes, but is not limited to, the cultivation and tillage of the soil; dairy operations; the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, aquaculture, or horticulture; the raising of livestock, fur bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

"Real property"

includes all the surface or subsurface areas described in the most recently recorded deed or deeds relating to such property and all improvements on the real property.

B. Agricultural Land Use Protection Policy.

Notwithstanding any other provision in this Chapter, agricultural operations are the principal and favored use of land in the areas of Kings County designated "Agricultural" in the Kings County General Plan and included in the agricultural zone districts of the Kings County zoning ordinance. In order to implement Policy LU 8.2 and Program LU 8.2-A of the city of Hanford General Plan, there is hereby adopted in the city of Hanford a policy to (1) protect agricultural land, operations, and facilities from conflicting use due to the encroachment of incompatible, non-agricultural uses of the land in agricultural areas of the county; and (2) to advise developers, owners, and subsequent purchasers of property in the city of Hanford within one mile of the city's urban limit line of the inherent potential inconveniences and discomforts often associated with agricultural activities and operations, including, but not limited to, equipment and animal noise; farming activities conducted on a 24-hour-a-day, seven days a week basis; odors from manure, fertilizers, pesticides, chemicals, or other sources; the aerial and ground application of chemicals and seeds; dust; flies and other insects; and smoke from agriculture operations.

C. Lawful Customary Agricultural Operations Not a Nuisance.

No lawfully established and otherwise lawful agricultural activity, operation, or facility, or appurtenances thereto, conducted or maintained for commercial agricultural purposes in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, including, but not limited to, the encroachment of non-agricultural uses such as residences.

D. Exceptions.

Subsection C, above, shall not apply if the agricultural activity, operations, or facility, or appurtenances thereto, obstructs the free passage or use, in the customary manner; of any public park, street, or highway. Subsection C shall not invalidate any provision of California State Law, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

E. Disclosure and Recordation Requirements.

In order to carry out the goals and policies of the city of Hanford General Plan, and the provisions of this chapter, the following notices and disclosures shall be required:

All approvals for improvement or development of property including without limitation application for rezonings, land divisions, zoning permits, and residential building permits, on property in the city of Hanford within one mile of the city's urban limit line, shall include a condition that notice and disclosure of this agricultural land use policy be given by the applicant, or the owner if different from the applicant. The applicant, or owner if different from the applicant, shall also acknowledge the contents of the notice and disclosure, which includes a description of the property the notice and disclosure pertains to, in the Official Records of the Kings County Recorder, and recorded at the applicant's own expense.

The Hanford Community Development Department, after consultation with the city attorney, shall develop the written forms to carry out the notice, disclosure and recordation required by this chapter.

F. Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 01-16, 2001)