Ione Municipal Code Ch. 16.06 Administration

The purpose of this chapter is to establish the administration of this title and set forth the basic responsibilities of the officials and bodies charged with its administration. Further, this chapter specifies the authority and procedures for clarifying any ambiguity in the regulations of this title in order to ensure consistent interpretation and application of this title.

(Ord. No. 431, § 2, 2-2-2010)

Except as expressly provided otherwise in this title, the responsibility for actions taken under this title shall be as stated below.

A. City Council. The city council shall be responsible for:

1. The approval or denial of final maps and parcel maps;

2. The acceptance, acceptance subject to improvement, or rejection of offers of dedications shown on final and parcel maps;

3. The approval, conditional approval, or denial of vesting tentative maps and parcel maps;

4. The approval, conditional approval, or denial of reversions to acreage;

5. Acting as the appeal board for hearing appeals of planning commission actions as provided in this title.

B. Planning Commission. The planning commission shall be responsible for:

1. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into five or more parcels (tentative subdivision maps), except vesting tentative maps;

2. The approval, conditional approval or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into four or fewer parcels (tentative parcel maps);

3. The approval or denial of requests for extensions of time for tentative maps other than vesting tentative maps, subject to the provisions of the Subdivision Map Act (Section 66452.6);

4. The approval, conditional approval, or denial of all post-subdivision modifications;

5. Making recommendations to the city council on approval, conditional approval or denial of vesting tentative maps;

6. Acting as the appeal board for hearing appeals of city planner actions as provided in this title.

C. City Planner. The city planner shall be responsible for:

1. The approval, conditional approval or denial of lot line adjustments under Chapter 16.22 (lot line adjustments);

2. The approval, conditional approval or denial of mergers of contiguous parcels under common ownership without reversion under Chapter 16.24 (merger of parcels);

3. In conjunction with the city engineer, to recommend approval, conditional approval, or disapproval of the design of proposed subdivisions, and the kinds, nature and extent of on-site and off-site improvements required in connection therewith to the planning commission and/or the city council;

4. To report on land use matters related to proposed subdivisions to the planning commission and/or city council, including but not limited to consistency with the city general plan, any applicable specific plan, and the zoning code (Title 17 of this Municipal Code);

5. To recommend approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land to the planning commission and/or the city council;

6. To review and make recommendations concerning proposed subdivisions in the unincorporated territory of the County of Amador in accordance with Section 66453 of the Subdivision Map Act when the city planner has elected to do so.

D. City Engineer. The city engineer shall be responsible:

1. To make investigations and report on the design and improvement of all proposed subdivisions and to make recommendations thereon to the city planner, the planning commission, and the city council;

2. To recommend approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps;

3. To recommend modifications of the requirements of this title in accordance with the provisions of Chapter 16.46, subdivision modifications, of this title;

4. To recommend disapproval of a tentative map for noncompliance with the requirements of this title, the Subdivision Map Act, or the standards, rules or regulations adopted by the commission pursuant to this title;

5. For such additional powers and duties as prescribed by law and by this title.

(Ord. No. 431, § 2, 2-2-2010)

If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the city engineer to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of said provision(s) as specified in this section.

A. Rules of Intrepretation.

1. Terminology. When used in this title, the following rules apply to all provisions of this title.

a. Language. The words "shall, "must", "will", "is to", and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive.

b. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

c. Conjunctions. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either… or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to…"

2. Number of Days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day.

3. Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise

B. Record of Interpretation. Whenever the city engineer determines that an ambiguity in a land division regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of the chapter, the city engineer shall issue an official interpretation. Official interpretations shall be in writing and shall cite the provisions being interpreted together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation. The city engineer shall make an interpretation based on his or her judgment and understanding of the current code.

Any provision determined by the city engineer to be ambiguous pursuant to this chapter shall be clarified by amendment as soon as is practical. The city engineer shall maintain a complete record of all official interpretations available for public review, indexed by the chapter number of this title that is the subject of the interpretation, including all interpretations made by the planning commission and city council. The applicant or property owner initiating the request for such interpretation shall receive a notice of action, including the record of interpretation and information regarding the city's appeal procedures. All recorded interpretations shall also be provided to the planning commission, city manager, city attorney, city planner, and city council in writing.

C. Appeals. Interpretations by the city engineer may be appealed to the planning commission as specified in Section 17.08.060 (appeals) of Title 17 of this Municipal Code. Following appeal, if the applicant disagrees with the commission's determination, the applicant may appeal to the city council.

(Ord. No. 431, § 2, 2-2-2010)

A. Generally. Except as otherwise provided herein, the city engineer is authorized and directed to enforce the provisions of this title and the Subdivision Map Act for subdivisions within the city. The city attorney is authorized on behalf of the City of Ione to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act, this title, or the conditions and term of approvals granted thereunder.

B. Certificates of Compliance. Applications for certificates of compliance shall be filed with the city engineer, who shall be responsible for their issuance and recordation. The form of the application and requirements for a certificate of compliance shall be prescribed by the city engineer. A nonrefundable fee in the amount established by resolution of the city council for each lot or parcel for which a certificate is sought shall accompany the application.

C. Illegal Subdivisions. No board, commission, officer or employee of the city shall issue any certificate or permit, or grant any approval necessary to develop any real property within the city which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title.

Whenever the city has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, the city engineer shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that section.

(Ord. No. 431, § 2, 2-2-2010)