Lodi Municipal Code Ch. 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);

11. 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)

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)

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)