Lincoln Municipal Code Ch. 17.12 Administration

The planning commission of the city is designated as the advisory agency as that term is used in the Subdivision Map Act.

(Ord. 324B §2-1, 1977)

For purposes of this title the commission shall have the following powers and duties:

(1) To make investigations and reports on the design and improvement of all proposed subdivisions of land;

(2) To approve, conditionally approve or disapprove the design of proposed subdivisions and the kinds, nature and extent of on-site and off-site improvements required in connection therewith;

(3) To recommend modifications of the requirements of these regulations in accordance with the provisions of Chapter 17.44, Modification of Requirements;

(4) To approve, conditionally approve or disapprove a tentative map of any proposed subdivision of land;

(5) To review and make recommendations concerning proposed subdivisions in the unincorporated territory of the county in accordance with section 66453 of the Subdivision Map Act;

(6) Such additional powers and duties as may be prescribed by law and this title.

(Ord. 324B §2-2, 1977)

There is created a subdivision committee, to consist of the city administrator, the city engineer, one member of the planning commission appointed by the chairman and such other persons as may be designated by the city administrator.

(Ord. 324B §2-3, 1977)

The subdivision committee shall review each tentative map, or parcel map for which a tentative was not required, for the purpose of identifying any major problems concerning the proposed use of the land, the proposed design and improvements, and conflicts with the general plan or zoning ordinance, and to indicate to the subdivider and/or his surveyor and engineer the existence of any problems or conflicts and any additional information which may be required prior to consideration of the map by the commission. The committee shall exercise such other duties as may be assigned by the commission or the city council.

(Ord. 413B §1, 1982: Ord. 324B §2-4, 1977)

The condition or council shall not approve a map unless it finds that:

(1) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan;

(2) The site is physically suitable for the types of development proposed;

(3) The site is physically suitable for the proposed density of development;

(4) Neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(5) The design of the subdivision or the type of improvements is not likely to cause serious public health problems;

(6) The design of the subdivision or the type of improvements will not conflict with public easements for access or use of property within the proposed subdivision;

(7) The proposed waste discharge will not result in or add to violation of requirements of the Regional Water Quality Control Board;

(8) A finding that at least one of the findings in Section 15.32.260 of the municipal code is satisfied.

(Ord. 324B §1-5, 1977; Ord. No. 913B, § 4(Exh. B), 6-28-2016)

The commission or council shall disapprove a map for failure to meet or perform any of the requirements of the Subdivision Map Act or this title or conditions imposed pursuant thereto. A final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. The commission or council, when disapproving a map, shall make a finding identifying the requirements or conditions which have not been met or performed.

(Ord. 324B §2-5(part), 1977)

The provisions of Section 17.12.060 may be waived when the failure of the map is the result of a technical and inadvertent error which does not materially affect the validity of the map. The subdivider may request such a determination by written request filed with the city engineer. The council shall determine whether such a waiver shall be granted, after consideration of the recommendations of the city engineer.

(Ord. 324B §2-5.1, 1977)