Article 5 — SUBDIVISIONS

Chapter 17.46 - APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS

The provisions of this article constitute the city of Lodi Subdivision Regulations. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

(Ord. No. 1869, § 2, 2-20-2013)

This article is adopted in compliance with the Map Act as a local ordinance, as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this article shall, nevertheless, apply to all subdivision maps and proceedings under this article.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Subdivision Approval Required. All subdivisions within the city shall be authorized through a map or other approval in compliance with Chapter 17.48 (Subdivision Map Approval Requirements), and all other applicable provisions of this article.

B.

Conflicts with Map Act. In the event of any conflicts between the provisions of this article and the Map Act, the Map Act shall control.

C.

Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this development code, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city.

D.

Exceptions. This part shall not apply to the following:

1.

The financing or leasing of apartments, offices, stores, or similar spaces within apartment, commercial, or industrial structures, mobile home parks, or trailer parks (Section 66412(a));

2.

Gas, mineral, or oil leases (Section 66412 (b));

3.

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 a party (Section 66412(e));

4.

Any separate assessment in compliance with State Revenue and Taxation Code Section 2188.7 (Section 66412(f));

5.

The leasing of or the granting of an easement to a parcel of land or any portion(s) of the land, in conjunction with the erection, financing, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city (Section 66412(i));

6.

The financing or leasing of any parcel of land, or any portion of the land, in conjunction with the construction of commercial or industrial structures on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvements (Section 66412.1(a));

7.

The financing or leasing of existing separate commercial or industrial structures on a single parcel (Section 66412.1(b));

8.

The construction, financing, or leasing of a second dwelling unit under Government Code Sections 65852.1 and 65852.2, but this development code shall apply to the sale or ownership transfer of the second dwelling unit (Section 66412.2);

9.

Leasing of agricultural land for agricultural purposes (e.g., the cultivation of food or fiber, and grazing or pasturing of livestock) (Section 66412(k));

10.

Subdivisions of four parcels or less for the construction of removable commercial structures having a floor area of less than one hundred square feet (Section 66412.5);

The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code Section 230) which is created by a short-term lease (terminable by either party on not more than thirty days notice in writing) (Section 66428);

12.

Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license (Sections 66428 and 66426.5); and

13.

The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the city (Section 66412(j)).

(Ord. No. 1869, § 2, 2-20-2013)

The community development director and public works director are authorized and directed to administer and enforce the provisions of this article and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by this article.

(Ord. No. 1869, § 2, 2-20-2013)

17.46.050 - Advisory agency.

A.

Advisory Agency Established. The advisory agency for subdivision review shall be the planning commission.

B.

Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in Section 17.46.060 (Authority for Subdivision Decisions).

1.

Approve, conditionally approve, or disapprove all tentative maps;

2.

Recommend modifications of the requirements of this article;

3.

Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of San Joaquin County in compliance with the Map Act when the advisory agency

has elected to do so;

4.

Perform additional duties and exercise additional authorities as prescribed by law and by this article.

(Ord. No. 1869, § 2, 2-20-2013)

17.46.060 - Authority for subdivision decisions.

Table 5-1 (Authority for Subdivision Decisions) identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this article.

TABLE 5-1 - AUTHORITY FOR SUBDIVISION DECISIONS

Notes:

(1) "Recommend means that the review authority makes a recommendation on the approval or disapproval of the request to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.70 (Appeals).

(2) The community development director may refer the matter to the commission for review and decision.

(Ord. No. 1869, § 2, 2-20-2013)

Chapter 17.48 - SUBDIVISION MAP APPROVAL REQUIREMENTS

17.48.010 - Purpose of chapter.

This chapter determines when city approval of a tentative map, parcel or final map is required. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map (for four or fewer parcels) or a final map (for five or more parcels) to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the adopted city standards, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder.

(Ord. No. 1869, § 2, 2-20-2013)

17.48.020 - Type of subdivision approval required.

Any subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with the provisions of this article.

A.

Tentative Map Requirements. Any subdivision or resubdivision of land within the city shall require the filing and approval of a tentative map in compliance with Map Act Section 66426, except as otherwise provided by the Map Act.

B.

Parcel and Final Map Requirements. A parcel or final map shall be required as follows:

1.

Parcel Map. A parcel map shall be prepared and filed in compliance with Chapter 17.54 for a subdivision creating four or fewer parcels when required by the Map Act, except where Map Act Section 66426 exempts a subdivision from this requirement.

2.

Final Map. The filing and approval of a final map (Chapter 17.54) shall be required for a subdivision of five or more parcels.

(Ord. No. 1869, § 2, 2-20-2013)

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2, Chapter 3 (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this article which shall be satisfied by the subdivider before any building permits or land use permits are issued. Parcel or final maps filed for record after their tentative map is deemed approved shall remain subject to all the mandatory requirements of this article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

(Ord. No. 1869, § 2, 2-20-2013)

An exception to any of the provisions of this article may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this article that is duplicated or paraphrased from the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and Processing. A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the tentative map and shall not extend the time limits for the expiration of the map established by Section 17.52.130 (Tentative Map Time Limits, Expirations, and Time Extensions).

C.

Approval of Exception. The planning commission shall have the authority to approve or deny exception requests in compliance with this section. The commission shall not grant an exception unless all the following findings are first made:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

2.

The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this article;

3.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4.

Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5.

The exception will not affect the consistency of the proposed subdivision with the general plan or any applicable specific plan.

D.

Conditions of Approval. In granting an exception, the commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(Ord. No. 1869, § 2, 2-20-2013)