16.04 — GENERAL PROVISIONS

In the interest of protecting the health, safety and general welfare of the people of the City of Oroville, this title has as its purposes:

• A. To give effect to the California Subdivision Map Act;

• B. To give effect to the general plan and specific plans of the city relative to the subdivision of land;

• C. To regulate, by local ordinance, those matters of land division and lot line adjustment not governed by the Subdivision Map Act;

• D. To facilitate and ensure orderly development of lands in the incorporated city;

• E. To implement the objectives established for the development of the city in conformance with its general plan and any specific plans that may be adopted, and to ensure that a proposed subdivision or land division shall be considered in relation to those plans;

• F. To provide standards governing the surveys, designs and improvements of subdivisions, and the submission of maps, plans and specifications for the construction of improvements;

• G. To provide for a resolution governing standards for, and the construction and installation of, streets, roads, highways, public utilities and other improvements, as well as fee schedules for services rendered by the city;

• H. To provide for the creation of reasonable building sites by establishing appropriate standards for streets and lots, and to ensure that each property has a means of ingress and egress;

• I. To control the division of land that is subject to inundation by flooding from natural streams or artificial ponding, and other detrimental influences which may cause land to be unsuitable for satisfactory development;

• J. To control the division of land which may be subject to dangerous or unsuitable soil conditions of any type, or subject to any other impediments affecting the use of the land for human habitation;

• K. To provide rules and regulations governing the contents of tentative and final subdivision maps, land division and parcel maps, and establish methods for the processing and filing of the maps and regulate other related matters.

• (Ord. 1749 § 3)

The planning commission shall act as the city's "advisory agency," as defined in Section 66415 of the Government Code, and the city council shall act as the city's "appeal board," as defined in Section 66416 of the Government Code, except where otherwise specified in this title. (Ord. 1749 § 3)

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City of Oroville, CA

OROVILLE CODE

§ 16.04.030

§ 16.04.040

This title shall not apply to:

• A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

• B. Mineral, oil or gas leases.

• C. Land dedicated for cemetery purposes under the Health and Safety Code of the State.

• D. Lot 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.

• E. Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code.

• F. The conversion of a community apartment project or stock cooperative to a condominium, except that such conversions shall be subject to the provisions of Section 66412(g) and Section 66412(h) of the Government Code.

• G. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the planning commission or city council.

• H. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the California Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to antennae support structures, microwave dishes, structures to house cellular communications equipment, power sources and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the planning commission or city council.

• I. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

• (Ord. 1749 § 3)

• A. The planning commission or the city council, in an action relative to a matter before it, may authorize conditional exceptions to any of this chapter's requirements and regulations related to the design of a subdivision; provided, however, that any modification of zoning requirements shall be subject to the provisions of the zoning code.

• B. Application for any such exception shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property:

  1. That there are special circumstances or conditions of topography, size, shape, location

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City of Oroville, CA

SUBDIVISIONS

§ 16.04.040

§ 16.04.070

or environmental factors affecting the property.

2. That the granting of the exception will not be detrimental to the general welfare or injurious to other property in the territory in which the property is located.

• C. All determinations regarding a conditional exception may be appealed to the city council as provided in Section 16.04.060.

• (Ord. 1749 § 3)

When an application is filed for the division of land, a 10-calendar-day written notice of the public hearing relating to the application shall be sent to the owners of parcels abutting the parcel to be divided, as well as to the owners of parcels whose substantial property rights may be affected, as determined by the zoning administrator.

(Ord. 1749 § 3)

When this chapter provides for an appeal of an action, the appeals process shall be as follows:

• A. Within 10 days after the date of the planning commission, zoning administrator or city engineer action, the action may be appealed to the city council relating to such action by filing a notice of appeal with the clerk of the city council. The notice of appeal shall be accompanied by a written explanation of the precise issues being appealed and the payment of a fee as required by resolution of the city council. If no appeal is filed, the action shall be final.

• B. After an appeal is filed, the city council shall hold a hearing to consider the matter. This hearing shall be held within 30 days. If there is no regular meeting of the city council within this 30-day period for which the required notice can be given, the appeal shall be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter.

• C. At the hearing of the appeal, the city council shall consider all of the following, as applicable, in addition to testimony presented at the hearing:

  1. The minutes of the planning commission.

  2. The report of the zoning administrator.

  3. The report of the city engineer.

  4. The staff report.

• D. The city council may sustain, modify, reject or overrule any action of the planning commission, zoning administrator or city engineer and issue written findings based on substantial evidence. Within 30 days following the hearing, the city council shall render its decision, which shall be final, on the appeal.

• (Ord. 1749 § 3)

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City of Oroville, CA § 16.04.070

OROVILLE CODE

§ 16.04.070

Any violation of this chapter shall constitute an infraction and shall be punished as provided by law. Each day a violation of this chapter continues shall be considered a separate offense. (Ord. 1749 § 3)

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City of Oroville, CA

SUBDIVISIONS

§ 16.08.010

§ 16.08.020

CHAPTER 16.08 DEFINITIONS