Hesperia Municipal Code Art. XII Subdivision Review Procedures

These provisions are intended to establish guidelines for processing subdivision applications including, tentative tracts, tentative parcel maps, lot line adjustments and lot mergers.

(Ord. 192 Exh. A (§ 83.12.010), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. Subdivision applications shall be reviewed and approved in accordance with the provisions of Section 16.12.005.

B. No person shall subdivide, convey, lease or offer to subdivide, convey or lease a portion of real property within the city, unless exempted by Section 66412 of the Subdivision Map Act, without having first complied with the provisions of this article.

(Ord. 192 Exh. A (§ 83.12.020), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)

A. All subdivision applications shall require review and approval by the planning commission at a public hearing in accordance with Section 16.12.005(A)(1) except as listed in subsection (B) and (C) of this section.

B. The following applications shall require review and approval subject to administrative review with notice in accordance with Section 16.12.005(A)(2):

1. Parcel maps creating four and a remainder or fewer parcels;

2. Parcel maps subdividing commercially or industrially designated land where the parcel map is required as a condition of approval of a previously approved project;

3. Parcel maps creating lots no smaller than twenty (20) acres where legal access is provided to each lot;

4. Parcel maps creating lots no smaller than forty (40) acres or where each lot is at least a quarter of a quarter section;

5. An environmental subdivision as defined in Section 66418.2 of the Subdivision Map Act;

6. Projects which have been recommended for administrative approval by the development review committee, based upon the following criteria:

a. The project will not have significant or long-range impacts on surrounding properties, city services, or the environment,

b. The project will not establish a new or different pattern of land uses or intensities in the area,

c. The project has not generated controversy or opposition, and

d. The project is consistent with the city's general plan goals, policies and maps;

e. Subdivisions or parcel maps consistent with an approved specific plan or planned development.

C. The following applications shall require review and approval subject to administrative review without notice in accordance with Section 16.12.005(A)(3):

1. Lot line adjustments;

2. Lot mergers;

3. Certificate of compliance;

4. Certificate of corrections.

D. In approving a tentative map or a parcel map for which a tentative map was not required, the planning agency shall find and justify that all the following are true:

1. The site is physically suitable for the proposed type of development;

2. The site is physically suitable for the proposed density of development;

3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

4. The design of the subdivision and any related types of proposed improvements are not likely to cause serious public health problems or cause threat to life and property in a wild land interface;

5. The proposed subdivision together with the provisions for its design and improvements are consistent with the general plan, community plan, and any applicable specific plan;

6. The proposed subdivision, its design, density and type of development and improvements conform to the regulations of the development code, and the regulations of any public agency having jurisdiction by law;

7. Land Project Determination.

a. The proposed subdivision is not deemed to be a land project; or

b. An adopted specific plan covering the area proposed to be included within the project has been adopted by the city council; and the proposed land project subdivision together with the provisions for its design and improvement are consistent with the adopted specific plan.

8. The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities to each of the proposed lots. Such opportunities may include, but are not limited to: placement of structures to take optimum advantage of passive cooling and heating opportunities, providing additional opportunities through land use controls for the use of solar energy systems, adjusting lot depth and width to provide for the future use of solar energy systems, and adjusting building setback lines to promote the optimum spacing of structures to create adequate solar access.

The planning agency shall also find and justify, where applicable, that the following are true:

9. In the event that the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, the following shall be true: The proposed subdivision has complied with the requirements of California Government Code Sections 66427.1(a) and 66452.10.

(Ord. 250 (part), 1997; Ord. 192 Exh. A (§ 83.12.030), 1994)

(Ord. No. 2012-14, § 3(Exh. A), 8-7-12)