Lodi Municipal Code Ch. 17.48 Subdivision Map Approval Requirements

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)

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)