Chapter 31 — Oakdale Municipal Code

		Chapter 31
		SUBDIVISIONS 1
		ARTICLE I	§ 31-21.	Extension of time for planning
		General Provisions		commission or city council
				action.
§	31-1.	Citation and authority.	§ 31-22.	Appeals of planning
§	31-2.	Purpose.		commission action.
§	31-3.	Consistency.	§ 31-23.	Expiration.
§	31-4.	Application.	§ 31-24.	Extensions.
§	31-5.	Modification of requirements.	§ 31-25.	Amendments to approved or
§	31-6.	Fees and deposits.		conditionally approved
§	31-7.	Hearings and appeals.		tentative map.
		ARTICLE II		ARTICLE V
		Definitions and Responsibilities		Final Subdivision Maps
§	31-8.	Definitions.	§ 31-26.	General.
§	31-9.	Responsibilities.	§ 31-27.	Phasing.
			§ 31-28.	Survey required.
		ARTICLE III	§ 31-29.	Form.
		Maps Required	§ 31-30.	Contents.
			§ 31-31.	Preliminary submittal for city
§	31-10.	General.		approval.
§	31-11.	Division of land - Five or more	§ 31-32.	Review by public works
		parcels.		director.
§	31-12.	Division of land - Four or less	§ 31-33.	Approval by city engineer.
		parcels.	§ 31-34.	Approval by city council.
§	31-13.	Map exclusions.	§ 31-35.	Denial by city council.
			§ 31-36.	Filing with the county recorder.
		ARTICLE IV
		Tentative Subdivision Maps		ARTICLE VI
				Parcel Maps
§	31-14.	General.
§	31-15.	Form and contents.	§ 31-37.	General.
§	31-16.	Accompanying data and	§ 31-38.	Form and contents
		reports.		accompanying data and
§	31-17.	Street names.		reports.
§	31-18.	Community development	§ 31-39.	Subdivision committee review
		department review.		and action.
§	31-19.	Planning commission action.	§ 31-40.	Appeals of subdivision
§	31-20.	City council review.		committee action.

1. (Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 267, 322, 345, 355, 383, 425, 453, 498, 502, 563, 572, 594, 622, 683, 729, 746, 785, 849, 860, 863, 865, 875, 882, 890, 903, 930, 956, 962, 978.)

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City of Oakdale, CA

OAKDALE CITY CODE

§	31-41.	Expiration and extensions.	§ 31-63.	Exclusions.
§	31-42.	Amendments to approved or	§ 31-64.	Determinations.
		conditionally approved	§ 31-65.	Apportionment of costs.
		tentative parcel map.	§ 31-66.	City administrative costs.
§	31-43.	Waiver of parcel map requirements.	§ 31-67.	Imposition and payment of District charges.
§	31-44.	Parcel maps.
				ARTICLE X
		ARTICLE VII		Improvements
	Vesting	Tentative Maps for Residential
		Subdivisions	§ 31-68.	General.
§ §	31-45. 31-46.	Citation and authority. Purpose and intent.	§ 31-69. § 31-70.	Required improvements. Deferred improvement agreements.
§	31-47.	Consistence.	§ 31-71.	Remainders.
§	31-48.	Application.	§ 31-72.	Design.
§	31-49.	Filing and processing.	§ 31-73.	Private streets.
§	31-50.	Fees.	§ 31-74.	Access.
§	31-51.	Expiration.	§ 31-75.	Easements.
§ §	31-52. 31-53.	Vesting on approval of vesting tentative map. Development inconsistent with zoning–Conditional approval.	§ 31-76. § 31-77. § 31-78. § 31-79.	Service roads. Improvement plans. Improvement agreement. Improvement security.
		ARTICLE VIII	§ 31-80.	Construction and inspection.
	Dedications. Reservations, and Development		§ 31-81.	Completion of improvements.
		Fees	§ 31-82.	Acceptance of improvements.
§	31-54.	Dedication of streets, alleys and		ARTICLE XI
		other public riqhts-of-way or		Reversions to Acreage
		easements.
§	31-55.	Waiver of direct access riqhts.	§ 31-83.	General.
§	31-56.	Dedications.	§ 31-84.	Initiation of proceedings.
§	31-57.	Park and recreation, dedication	§ 31-85.	Contents of petition.
		and fees.	§ 31-86.	Submittal of petition to the
§	31-58.	School site dedication.		public works director.
§	31-59.	Reservations.	§ 31-87.	City council approval.
§	31-60.	Local transit facilities.	§ 31-88.	Filing with county recorder.
§	31-61.	Bridges and major
		thoroughfares.		ARTICLE XII
			Lot Line	Adjustment. Parcel Mergers, and
		ARTICLE IX		Unmergers.
		Local Benefit Districts
			§ 31-89.	Lot line adjustment.
§	31-62.	Local Benefit Districts	§ 31-90.	Mergers required.
		Established.

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City of Oakdale, CA

SUBDIVISIONS

§	31-91.	Notice of intention to determine	§ 31-101.	Submittal and approval by city
		status.		engineer.
§	31-92.	Hearing on determination of	§ 31-102.	Filing with the county recorder.
		status.
§	31-93.	Determination of merger.		ARTICLE XIV
§	31-94.	Appeals and planning		Enforcement.
		commission review.
§	31-95.	Determination when no hearing	§ 31-103.	Prohibition.
		is requested.	§ 31-104.	Remedies.
§	31-96.	Request to merge by property	§ 31-105.	Certificate of compliance.
		owner.	§ 31-106.	Notice of violation.
§	31-97.	Unmerged parcels.	§ 31-107.	Appeals of subdivision
§	31-98.	Request for determination by		committee action.
		owner.	§ 31-108.	Violation as a misdemeanor.
		ARTICLE XIII		ARTICLE XV
	Correction	and Amendment of Maps.		Flood Hazard Zone.
§	31-99.	Requirements.	§ 31-109.	Subdivisions in Flood Hazard
§	31-100.	Form and contents.		Zones — Required findings.

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City of Oakdale, CA § 31-1

SUBDIVISIONS

§ 31-6

ARTICLE I General Provisions

§ 31-1. Citation and authority. [Ord. No. 1034, § 1.]

This chapter is adopted pursuant to Article XI, Section 7, of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the Subdivision Ordinance of the City of Oakdale.

§ 31-2. Purpose. [Ord. No. 1034, § 1.]

It is the purpose of this chapter to regulate and control the division of land within the City of Oakdale and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided for by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To accomplish this purpose, the regulations contained in this chapter are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the city.

§ 31-3. Consistency. [Ord. No. 1034, § 1.]

No land shall be subdivided and developed for any purpose which is inconsistent with the General Plan or any applicable specific plan of the city, or which is not permitted by the Oakdale Municipal Code or any other adopted regulations.

The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this chapter, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider.

§ 31-4. Application. [Ord. No. 1034, § 1.]

The regulations set forth in this chapter shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this chapter. All subdivisions and any part thereof lying within the city shall be made, and all subdivision parcel maps shall be prepared and presented for approval as provided for in this chapter.

§ 31-5. Modification of requirements. [Ord. No. 1034, § 1.]

Whenever, in the opinion of the planning commission or the city council, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the planning commission or the city council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of parcel maps, this determination may also be made by the subdivision committee.

§ 31-6. Fees and deposits. [Ord. No. 1034, § 1.]

All persons submitting applications for the approval of maps or for other approvals as required by this chapter shall pay all fees and/or deposits as provided by city council's resolution or resolutions establishing

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City of Oakdale, CA

SUBDIVISIONS

§ 31-6

§ 31-7

applicable fees and deposits. Said resolution or resolutions are hereby incorporated by this reference as though fully set forth herein.

§ 31-7. Hearings and appeals. [Ord. No. 1034, § 1.]

(a) Purpose. These provisions specify procedures for hearings before the community development director, subdivision committee, planning commission and city council and appeals of any requirement, decision or determination made by the director, subdivision committee or the planning commission.
(b) Application and processing. Applications shall be reviewed and processed in a manner consistent with the provisions of California Government Code.
- (1) Not less than ten days before the date of a hearing, public notice shall be given of such hearing in the following manner:
  - a. By one publication in a newspaper of general circulation within the city. The notice shall state the nature of the request, the location of the property (text or diagram), the date and time, and place of the scheduled hearing, and the hearing body;
  - b. By mailing ten days prior to said hearing, postage prepaid, to the owners and tenants of property within a radius of three hundred feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessors records. Notice is deemed received two days after date of postmark. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;
  - c. By mailing a minimum of ten days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent; and,
  - d. In the event that the number of owners and tenants to whom notice would be sent pursuant to subsection (1)b above is greater than one thousand, in lieu of notice pursuant to subsection (1)b notice may be given at least ten days prior to the hearing by placing a display advertisement of at least one-eighth page in the newspaper having general circulation within the area. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body.
(c) Community development director investigation. The community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this code and the general plan; the director shall report the findings to the subdivision committee, planning commission or city council, as appropriate.
(d) Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time and place for which notice has been given as required in this chapter. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place of which said hearing will be continued.
(e) Notice of decision. The community development director (acting as hearing officer), planning commission or city council shall record their respective decisions following the hearing. The decision

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City of Oakdale, CA § 31-7

OAKDALE CITY CODE

§ 31-7

shall set forth applicable findings and any conditions of approval. Following the hearing and decision, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(f) Effective date. Except as stated otherwise in this chapter, approval shall become effective ten days following the final action of the appropriate reviewing authority.
(g) Appeal of action. Any determination or action taken by the director or subdivision committee may only be appealed to the planning commission. In a similar manner, any action taken by the planning commission to approve or disapprove an application or appeal may be appealed to the city council.
(h) Filing of appeals. All appeals shall be submitted to the community development department on a city application form, and shall specifically state the basis of the appeal. An appeal of the community development director, or subdivision committee action shall be filed with the community development department within ten calendar days following the final action. An appeal of a planning commission decision shall be filed in the office of the city clerk within ten calendar days following the final of action. Appeals shall be accompanied by a filing fee.
(i) Notice of appeal hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given.
(j) Effective date of appealed actions. Any action of the director, or subdivision committee appealed to the planning commission shall not become final until upheld by the planning commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.
(k) Reapplication. When an application for an entitlement under this Code is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing twelve months except as otherwise specified at the time of denial. The community development director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the director shall be effective until a period of fifteen days has elapsed following the written notice of decision.

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City of Oakdale, CA § 31-8

SUBDIVISIONS

§ 31-8