Title 16 — SUBDIVISIONS CHAPTER 16.04. - GENERAL PROVISIONS

This chapter shall be known as the Subdivision Ordinance of the city of Hollister.

(Prior code § 18-2)

A.

This title is enacted under the authority of the Subdivision Map Act of the state of California, Government Code Sections 66410 et seq., to promote the public health, safety, convenience and general welfare; to regulate the design, improvement and survey data of subdivisions; and to provide for the form and content of tentative parcel final maps thereof. The procedure to be followed in securing official approval thereof shall be governed by the California Subdivision Map Act and by the provisions of this title. In the event any provision of this title is inconsistent with or in conflict with state law, state law shall control and supersede such inconsistent or conflicting provision(s).

B.

This title is also enacted to aid in securing compliance with the zoning ordinance of the city and any adopted general or specific plans of the city.

(Prior code § 18-1; Ord. 911, § 2, 1998)

16.04.030 - Provisions inapplicable to certain land divisions.

This title shall not apply to the following divisions of land:

A.

Division of land for cemetery purposes under the Health and Safety Code of the state;

B.

Any division of land created by an agency vested with the right to acquire property by eminent domain proceedings, unless such division is for the purpose of creating lots or parcels for sale as sites for residential, commercial or industrial structures;

C.

Mineral, oil or gas leases;

D.

Financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile-home parks or trailer parks.

(Prior code § 18-5)

Whenever any words or phrases as used in this title are not defined herein but are defined in the Subdivision Map Act of the state as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this chapter.

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

Common area means an area owned in common by all property owners of a subdivision, or some portion thereof. There may be or may not be an open space easement over a common area. Use of all common areas shall be defined in the restrictive covenants for a subdivision.

Density means the ratio of dwelling units to the acre.

Density, gross means the ratio of dwelling units to the area that is divided into lots or residential parcels.

Density, net means the ratio of dwelling units to the area actually divided into lots or residential parcels, together with any open space or residential parcels, together with any open space or recreation areas or nonaccess streets, but excluding all land within access roads rights-of-way.

Design means:

1.

Street alignments, grades and widths;

2.

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3.

Location and size of all required easements and rights-of-way;

4.

Fire roads and firebreaks;

Lot size and configuration;

6.

Traffic access;

7.

Grading;

8.

Land to be dedicated for park or recreational purposes; and

9.

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan required by Article 5, commencing with Section 65300, of Chapter 3 of Division 1 of the Government Code or any specific plan adopted pursuant to Article 8, commencing with Section 65450, of Chapter 3 of Division 1 of the Government Code.

Driveway means an access drive leading into private property.

Final map means such map as is required and described in Sections 66433 et seq., of the Government Code.

Improvement means:

1.

Improvements refers to such street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

2.

Improvement also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan required by Article 5, commencing with Section 65300, of Chapter 3 of Division 1 of Government Code or any specific plan adopted pursuant to Article 8, commencing with Section 65450, of Chapter 3 of Division 1 of the Government Code.

Lot means a parcel established or to be established by the subdivision procedure herein. Unless otherwise designated, "lot" shall be the building site for one single-family dwelling.

Lot width, average means the area of the parcel divided by the lot depth.

Lot depth means the distance from the midpoint of the front line of the lot to the midpoint of the line most distant therefrom. In a lot of extremely irregular conformation, it shall be the dimension most consistent with the above definition.

Lot line, front means the frontage upon a street; for a corner lot, it shall be the narrower of the two street frontages.

Lot line, side means any lot line not a front or rear line.

Major subdivision means every subdivision other than a minor subdivision.

Miscellaneous land division means:

1.

A division of land into parcels each of which has a gross acreage of 20 acres or more and has approved access to a maintained public street or highway;

2.

A division of land consisting of a parcel or parcels having approved access to a public street or highway comprising part of a tract of land zoned for industrial or commercial development and which has the approval of the city council as to street alignments and widths;

3.

A division of land in which each parcel created by the division has a gross acreage of 60 acres or more;

4.

Land involving short-term leases, terminable by either party on not more than 30 days' notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, that the planning commission finds, upon substantial evidence, that the public policy necessitates the application of these regulations to such leases.

Minor subdivisions means:

1.

A subdivision, as herein defined, divided into four or less parcels;

2.

A division involving land which, before division contains less than five acres, each parcel created by the division abutting upon a maintained public street or highway and no dedication or improvement being required by the city council.

Open space means any portion of a subdivision on which structures may not be built, excepting recreational facilities, drainage structures and, under certain circumstances, roads or utilities. Portions of residential, commercial or industrial lots on which structures may not be built due to setback lines or

easements (excepting open space or scenic easements as defined herein) cannot be considered open space.

Open space easements or scenic easements means easements over private property whereon development rights have been dedicated to the city. The grantor may retain the right to construct in the easement area certain recreation facilities and structures, agricultural facilities and structures or other facilities, structures and dwellings for maintenance of agricultural personnel. These reserved rights shall be designated in the dedication of development rights to the city and shall be limited to those facilities, structures and dwellings whose purpose is compatible with the purpose of the easement. Open space easements may be over land owned in common by the several owners of a development or over a portion of a residential lot, for the purpose of restricting development thereon.

Parcel map means such map as is described and required in Section 66444 et seq., of the Government Code.

Park means an area for recreational use, which is to be dedicated to a public agency.

Planned unit development means a subdivision or group of subdivisions absolved from conventional zoning and other normal land use requirements because it meets the requirements of Section 16.16.030.

Standards means the drawings and specifications showing improvements which have been approved by resolution of the city council for use in construction of such improvements, except where nonstandard conditions require special structures to be designed by the engineer.

Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for him or herself or for others.

Subdivision means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if they are separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

Tentative map means such a map as is described and required by Section 66452 et seq., of the Government Code.

Urban services means sewage disposal, water, police, fire, street lighting, maintenance of such facilities and similar services normally provided by a government entity or public utility in an urban area.

(Prior code § 18-6)

16.04.050 - Environmental impact.

No parcel or tentative map filed pursuant to the provisions of this title shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of

law. The subdivider shall provide such additional data and information, and deposit and pay such fees as may be required for the preparation of processing of environmental review documents.

(Prior code § 18-40)

Every parcel and final map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to offsite property.

(Prior code § 18-41)

CHAPTER 16.08. - ADMINISTRATION AND ENFORCEMENT