Mendota Municipal Code Ch. 16.04 General Provisions

This title shall be known as and may be cited as the subdivision ordinance of the city and is deemed necessary in order to protect the public health, safety and general welfare, including the orderly growth and development of the city; the beneficial use of land in the public interest; the conservation, stabilization and protection of property values, and to assure provisions for necessary utilities, public roads and other public conveniences in subdivided areas.

(Prior code § 14.01.001)

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code cited as the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in this title are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the city, and to the preparation, filing and approval of maps.

(Prior code § 14.01.002)

The design, improvement and survey data for subdivisions, the form and content of tentative, final and parcel maps, and the procedure 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.

(Prior code § 14.01.003)

The planning commission is designated as the advisory agency to the city council on all matters related to the subdivision of land.

(Prior code § 14.01.012)

A. A subdivision map or map of other division of land shall conform to the principles and standards of the general plan and the elements thereof, with respect to population densities and distribution, locations and sizes of public areas, and rights-of-way and improvement of streets and ways.

B. A subdivision map shall conform with Title 17 of this code with respect to uses of land, lot sizes and dimensions, space for off-street parking and loading and other applicable regulations.

C. A subdivision map shall conform with other specific plans for streets, public areas and projects and the further development thereof.

(Prior code § 14.01.004)

A. The provisions of this title shall not apply to any lot or lots forming a part of subdivisions created and recorded prior to the effective date of the ordinance codified in this title unless those lots are hereafter proposed for further subdivision. It is not intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon the property by deed, covenant or other private agreements, or with restrictive covenants running with the land. Only those improvement standards applicable at the time a tentative subdivisions or parcel map is approved shall be imposed.

B. The provisions of this title shall not be applicable to:

1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

2. Mineral, oil or gas leases;

3. Land dedicated for cemetery purposes under the Health and Safety Code of the state of California;

4. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the planning commission following the filing by the divider of an application therefor furnished by the city and the payment of an application processing fee in a sum as may be established by council resolution;

5. 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;

6. Short-term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of the operating right-of-way of railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short-term leases in such individual cases.

(Prior code § 14.01.007)

Whenever, by the provisions of this title, a power or authority is given to, or where a duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him pursuant to law unless it is expressly provided that it shall be exercised in person.

(Prior code § 14.01.013)

No tentative map or tentative parcel map submitted to the city pursuant to the provisions of this title shall either be considered as filed or reviewed and acted upon by the planning commission or city council until the requirements of the city's California Environmental Quality Act Guidelines have been met.

(Prior code § 14.01.005)

A. Two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or city ordinance enacted pursuant thereto or were not subject to such provisions at the time of their creation shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the Subdivision Map Act or this title shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; except that if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the provisions of Title 17 of this code or other city ordinance and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city building official or which was built prior to the time such permits were required by the city, then such parcels shall be merged only to the extent necessary to form one or more units which conform to lot area, width and depth requirements set by Title 17 of this code, for the purposes of the Subdivision Map Act and this title.

B. Any parcels or units of land merged prior to March 23, 1965 shall be deemed unmerged and separate parcels except where merger is necessary to form one or more units which conform to the area, width and depth requirements set by Title 17 of this code.

C. Whenever it has been determined that real property has merged pursuant to the Subdivision Map Act or this title, the secretary of the planning commission shall cause to be filed for record with the county recorder a notice of such merger specifying the names of the record owners and particularly describing the real property; provided that at least thirty (30) days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded.

(Prior code § 14.01.008)

Subdivisions maps shall conform to Title 17 of this code with respect to uses of land, lot sizes, dimensions, and other applicable regulations; provided, however, that where this title imposes high standards, the requirements of this title shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit or variance, the application therefor shall be considered prior to or concurrently with the tentative map or the tentative parcel map.

(Prior code § 14.01.006)

Control of design and improvement of subdivisions is vested in the city council.

(Prior code § 14.01.010)