Chapter 16.04 — GENERAL PROVISIONS

A.

This title is enacted for the purpose of adopting standards, regulations and procedures for the subdivision and utilization of land in the incorporated area of the city, as authorized and directed by the Subdivision Map Act and other applicable provisions of law.

B.

This title provides for the subdivision of land, and also for the reversion to acreage of lands previously divided.

(Prior code § 12200, 12200.01)

This title shall not affect any agreement, contract or bond previously executed with respect to any subdivision or any rights or action accrued thereunder; or any previous action to approve a tentative map or final map, except that conditions of approval and time limitations imposed thereon shall prevail.

(Prior code § 12200.02)

All subdivisions of land which are subject to the provisions of this title shall conform to the general plan, specific plans, and to adopted standards and provisions of law which are pertinent or applicable to such divisions.

(Prior code § 12200.03)

All contiguous units of land which were previous deemed merged, under the terms of the Subdivision Map Act prior to July, 1977, are hereby deemed unmerged and separate units, provided that such units were established as separate units of record in conformance with laws applicable at the time of their establishment.

(Prior code § 12200.04)

Chapter 16.08 - DEFINITIONS

Sections:

16.08.010 - Definitions.

As used in this title:

"Advisory agency," means the Orland planning commission, which is also referred to in this title as the "planning commission."

"Alley" means a way for secondary vehicular access to private property for on-site parking, freight handling and related purposes.

"Appeal board" means the city council of the city of Orland, which is also referred to in this title as the "city council."

"Authorized representative" means a qualified person who is authorized by a city official defined in this title to act in the place of such official with respect to the operation and administration of this title.

"Building official" means the person so designated by the city council.

"City engineer" means the person so designated by the city council.

"City health officer or health officer" means the person so designated by the city council.

"City planner" means the agent of the planning commission designated by the city council to fulfill the duties of the city planner described in this title.

"City street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, road, avenue, boulevard, lane, place, court, circle, drive or way of any other designation which has been dedicated for public use and accepted by the city, or has been laid out and constructed as a city street, or has been made a public street or road pursuant to law. It includes public streets constructed by federal, state and county agencies, but does not include private streets or private alleys.

"Engineer" means a civil engineer competent to practice civil engineering, as defined in Section 6371 of, and who is registered under the provisions of, the Business and Professions Code of the state of California, who is retained to provide engineering services related to subdivision of land.

"Final map" means a map containing com-plete engineering data for all parcels prepared in accordance with the conditions of approval of a tentative map and in acceptable form for processing and filing for record as provided in this title.

"General plan" means any element thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state of California.

"Land division standards" means a set of detailed standards, specifications, drawings and schedules, which shall be adopted by resolution of the city council to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports; schedules for fees to be charged, and such other matters as the city council finds to be necessary to properly supplement the provisions of this title in the processing of subdivisions and the improvement thereof. Whenever reference is made to "this title" herein, such reference shall include the land division standards.

"Lease" shall not include:

1.

The leasing of apartments, offices, stores, or similar space within an apartment building, commercial building, industrial building or a mobilehome park which is subject to the provisions of state law; or

2.

Mineral, oil or gas leases; or

3.

The leasing and actual exclusive use of land parcels of not less than ten (10) acres, for the full lease term period, for commercial agricultural purposes.

"Map Act" means the Subdivision Map Act of the state of California, as amended or hereafter amended.

"Owner" means any individual, firm, association, syndicate, copartnership, trust or any other legal entity having a proprietary interest in the land proposed to be subdivided or otherwise utilized, who commences and maintains proceedings to utilize the sale under the provisions of this title.

"Parcel map" means a map of certain specified types of subdivisions as hereinafter described, containing complete engineering data for all parcels, prepared in accordance with the conditions of approval of a tentative map in acceptable form for processing and filing for record, as provided in this title.

"Preliminary map" means a map prepared from existing records in sufficient detail to show clearly the development plan proposed for the total land area which is to be developed in one or more units.

"Private street" means a way for vehicular traffic, however designated, which is not intended or proposed to be accepted by the city.

"Record of survey" means a map prepared in accordance with the requirements of the Land Surveyors Act to delineate land boundaries, property lines, or other lines or points of survey.

"Reversion to acreage map" means a map prepared in accordance with the provisions of the Subdivision Map Act for the purpose of reverting previously divided parcels to acreage, and as provided in this title.

"Specific plan" means any unit thereof, as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state of California, which has been adopted by the city council.

"Subdivider" shall have the meaning described in the Subdivision Map Act.

"Subdivision" means as defined in the Subdivision Map Act.

"Surveyor" means a land surveyor licensed under the Land Surveyors Act of the state of California or a civil engineer registered in the state of California, retained by the subdivider, owner, developer or contractor to provide land surveying services.

"Technical advisory committee" means the city clerk, the city engineer, the director of public works and the building official, or their authorized representative, and "committee" means the technical advisory committee. Additional members may be added to this committee at the discretion of the city council.

"Tentative map" means a map prepared from existing records and field data in sufficient detail to meet the requirements for filing, prescribed in this title, and to constitute an adequate basis for the preparation of a final map.

(Prior code §§ 12201, 12201.01—12201.27)

Chapter 16.12 - PROCEDURES GENERALLY

Sections:

16.12.010 - Conformance with procedures required.

A.

Any action to divide any land in the incorporated territory of the city into two or more parcels shall hereafter be subject to the provisions of this title, and any such action shall be undertaken in accordance with the general procedures set out in this chapter.

B.

The specific procedures set out in Chapters 16.16, 16.20 and 16.24 shall be followed for all subdivisions of land within the city.

(Prior code §§ 12202, 12204)

16.12.020 - Preliminary maps.

A.

A preliminary map shall be filed, processed and approved for all subdivisions which will be developed in two or more units.

B.

For each preliminary map a fee of one hundred dollars ($100.00) plus five dollars ($5.00) per lot shall be charged.

(Prior code §§ 12202.01, 12202.01(A))

16.12.030 - Tentative maps.

A.

A tentative map shall be filed, processed and approved for all subdivisions.

B.

The planning commission is authorized to approve, conditionally approve or disapprove such subdivisions that do not require a final map as provided for in Section 16.12.040 of this code.

(Ord. 2004-07 § 3 (part); prior code §§ 12202.02, 12202.02(A), 12202.02(B))

16.12.040 - Final maps.

A final map shall be submitted, processed, approved and filed for record for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where:

A.

The land before divisions contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; or

B.

Each parcel created by the division has a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway; or

C.

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to the street alignments and widths; or

D.

Each parcel created by the division has a gross area of forty (40) acres or more.

(Ord. 2004-07 § 3 (part); prior code §§ 12202.03, 12202.03(A))