Huron Municipal Code Ch. 16.04 General Provisions

This title shall be known as and may be cited as the "Subdivision Ordinance of the City of Huron" deemed necessary in order to protect the public health, safety and general welfare, including the public interest; the conservation, stabilization and protection of property values, and to assure provision for necessary utilities, public roads and other public conveniences in subdivided areas.

(Ord. 194 § 101, 1983)

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code cited as the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in this title are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the City, and to the preparation, filing and approval of maps.

(Ord. 194 § 102, 1983)

The design, improvement and survey data for subdivisions, the form and content of tentative, final and parcel maps, and the procedure to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of this title.

(Ord. 194 § 103, 1983)

A. A subdivision map or map of other division of land shall conform to the principles and standards of the general plan, and the elements thereof, with respect to population densities and distribution, locations and sizes of public areas, and rights of way and improvement of streets and ways.

B. A subdivision map shall conform with the zoning ordinance of the City of Huron with respect to uses of land, lot sizes and dimensions, space for off-street parking and loading, and other applicable regulations.

C. A subdivision map shall conform with other specific plans for streets, public areas and projects, and the future development thereof.

(Ord. 194 § 104, 1983)

No tentative map or tentative parcel map submitted to the City pursuant to the provisions of this title shall either be considered as filed or reviewed and acted upon by the planning commission or city council until the requirements of the City's California Environmental Quality Act Guidelines have been met.

(Ord. 194 § 105, 1983)

Subdivision maps shall conform to the zoning ordinance of the City with respect to uses of land, lot sizes and dimensions, and other applicable regulations provided, however, that where this title imposes higher standards, the requirements of this title shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit or variance, the application shall be considered prior to, or concurrently with the tentative map or the tentative parcel map.

(Ord. 194 § 106, 1983)

A. The provisions of this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of the ordinance codified in this title, unless those lots are hereafter proposed for further subdivision. It is not intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon the property be it by deed, covenant or other private agreements, or with restrictive covenants running with the land. Only those improvement standards, applicable at the time a tentative subdivision or parcel map is approved, shall be imposed.

B. The provisions of this title shall not be applicable to:

1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

2. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings, on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement;

3. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

4. Mineral, oil or gas leases;

5. Land dedication for cemetery purposes under the Health and Safety Code of the State of California;

6. Activities of the State Energy Resources Development and Conservation Commission established pursuant to Division 15 (commencing with Section 25000) of the Public Resources Code;

7. Administrative appeals within a state or local agency or to a state or local agency;

8. A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the planning commission following the filing by the divider of an application therefore furnished by the City and the payment of an application processing fee in a sum as may be established by council resolution;

9. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is party;

10. Short-term leases (terminable by either party on not more than thirty (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 unless a showing is made in individual cases, under substantial evidences, that public policy necessitates the application of such regulations to such short-term leases in such individual cases.

(Ord. 194 § 107, 1983)

A. Two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or City ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceedings under the Subdivision Map Act or this title shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any item; except that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the provisions of the zoning ordinance or other City ordinance and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city building official or which was built prior to the time such permits were required by the City then such parcels shall be merged only to the extent necessary to form one (1) or more units which conform to the lot area, width and depth requirements as set by the City zoning ordinance for the purposes of the Subdivision Map Act and this title.

B. Any parcels or units of land merged prior to December 2, 1964 shall be deemed unmerged and separate parcels except where merger is necessary to form one (1) or more units which conform to the area, and lot width and depth requirements as set by the City zoning ordinance.

C. Whenever it has been determined that real property has merged pursuant to the Subdivision Map Act or this title, the secretary of the planning commission shall cause to be filed for record with the county recorder a notice of such merger specifying the names of the record owners and particularly describing the real property, provided, that at least thirty (30) days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded.

(Ord. 194 § 108, 1983)

A separate map shall be prepared for each subdivision where land is separated from other land in a parcel or holding by division other than a street, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal or public utility right-of-way.

(Ord. 194 § 109, 1983)

Control of design and improvement of subdivisions is vested with the city council.

(Ord. 194 § 110, 1983)

Jurisdiction to approve tentative and final subdivision maps and tentative parcel maps within the City is vested with the city council. Authority to approve parcel maps conforming to approved tentative parcel maps is delegated to the city clerk.

Where a development project consists of a subdivision pursuant to the Subdivision Map Act, the time limits established shall apply to the approval or disapproval of the tentative map, or the parcel map for which a tentative map is not required.

(Ord. 194 § 111, 1983)

A. Prior to the filing of a final map to subdivide any portion of annexation territory the area to be subdivided for development purposes shall be detached from Westlands Water District.

B. At any time territory is annexed to the City for residential or commercial development it shall be detached from Westlands Water District prior to development.

C. Any lands or parcels annexed to the City that remain in the Westlands Water District shall be detached therefrom prior to any development on a part or all thereof. Prior to any development shall mean before any building permit is issued.

(Ord. 222 § 1, 1986)

The planning commission is designated as the advisory agency to the city council on all matters related to the subdivision of land.

(Ord. 194 § 112, 1983)

Whenever, by the provisions of this title, a power of authority is given to, or where a duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law unless it is expressly provided that it shall be exercised in person.

(Ord. 194 § 113, 1983)