Chapter 16.01 — AUTHORITY, PURPOSES AND EFFECT

This title shall be known as, and may be cited and referred to as, the "Land Division Ordinance of the City of Manteca."

(Ord. 936 § 1, 1992)

Authority for this title is found in Title 7, Division 2 of the California Government Code commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act." The Subdivision Map Act is hereby incorporated by reference into this title. The design, improvement and survey data for land divisions, the form and content of tentative parcel, parcel, tentative subdivision and final maps, and the procedures to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of this title.

(Ord. 936 § 1, 1992)

The land division ordinance of the city is adopted to supplement the provisions of the Subdivision Map Act and to promote and protect the public health, safety and welfare through the orderly regulation of the division of real property in the city. Further, the purposes of the ordinance codified in this title are to:

• A. Provide the economic and social advantages resulting from orderly land division;

• B. Encourage and guide development consistent with the city general plan;

• C. Provide lots of sufficient size and appropriate design so as to be usable for their intended purposes;

• D. Provide for the preservation of environmental assets and natural resources, including land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites and open space; and

• E. Insure provision of adequate traffic circulation, utilities and services. (Ord. 936 § 1, 1992)

• A. The provisions of this title shall apply, to the extent permitted by law, to all divisions of real property, including the initial design and improvement of common interest developments, whether owned by private persons, firms, corporations or organizations; by the state or any of its agencies or political subdivisions; by any county or city including the City of Manteca; or by any authority or public entity organized under the laws of the state. Any governmental agency shall be exempt from the provisions of this title only to the

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City of Manteca, CA

SUBDIVISIONS

§ 16.01.040

§ 16.01.060

extent that such property may not be lawfully regulated by the city.

• B. The provisions of this title as it may be subsequently amended, shall not apply to any division of real property, the tentative map for which was submitted prior to the effective date of this title, provided that the submitted application and tentative map for such land division was complete prior to such effective date of this title. With respect to those tentative maps to which this title does not apply, the affected provisions of the chapter prior to its amendment shall continue to apply, including but not limited to those cases where an extension of time for recordation of such land division map was granted.

• C. The provisions of this title shall not apply to those actions specifically exempted or excluded by any provision of the subdivision map act.

• (Ord. 936 § 1, 1992)

• A. Establishment and Membership Committee. There is established a development review committee. The development review committee shall be composed of the director of planning, the fire chief, the city engineer and the police chief, or their designated representatives. The city council may also appoint the head of any other city department or agency to membership on such committee. The director of planning or his or her designee shall act as chair of the committee. In the absence of both, the committee shall elect a temporary chairperson. By acting as chairperson, a member shall not be disqualified to vote.

• B. Powers and Duties of the Committee. The development review committee shall have the following powers and duties:

  1. Adopt rules for its proceedings;

  2. Conduct meetings scheduled as needed and conduct special meetings at such times and in accordance with such procedures as the committee may determine;

  3. Review, discuss and make recommendations on all matters which pertain to study maps, tentative parcel maps and tentative subdivision maps;

  4. Provide the subdivider and the head of any city department or other public agency a reasonable opportunity to present any relevant matter to the committee;

  5. As permitted by law, require the subdivider to furnish additional information and documents and make recommendations with respect to the form of the map deemed necessary for proper consideration of the tentative parcel map or tentative subdivision map and any action or recommendation which may appear necessary with respect thereto; and

  6. Forward its recommendations to the city council or the city engineer, as appropriate, in a timely manner after review by the committee has been completed. Such recommendations shall be accompanied by any written dissenting or minority report of any city official presented to the committee, if the responsible official requests such report be forwarded. Preparation of a minority report shall be the sole responsibility of the dissenting committee member.

• (Ord. 936 § 1, 1992)

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City of Manteca, CA § 16.01.060

MANTECA CODE

§ 16.01.090

• A. It is unlawful to subdivide or develop any parcel of land in a manner that does not strictly conform to the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), this title, the City of Manteca Municipal Code, the City of Manteca General Plan and any applicable specific plan.

• B. No department, official, or employee of the city vested with the duty or authority to issue permits subject to the requirements of this title shall issue a permit in conflict with the provisions of this title; any permit issued in conflict with any provision of this title shall be null and void. Further, no permit shall be issued by any department, official or employee of the city for any lot or use subject to the requirements of this title on a parcel of land where the department, official or employee is aware that a violation of this title exists.

• (Ord. 936 § 1, 1992)

Any person violating any provision of the Subdivision Map Act (Government Code Section 66410 et seq.) or of this title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter 16.25 of this title.

(Ord. 936 § 1, 1992)

The provisions of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city council, the fire department, the county health department, the regional water quality control council, the county air pollution control district the city public works department, the city water agency or any other local, state or federal agency that has jurisdiction by law over uses and development regulated by this title. All uses and development regulated by this title shall comply with all other such regulations and requirements.

(Ord. 936 § 1, 1992)

If any section, subsection, paragraph, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.03.010

§ 16.03.030