Chapter 16.01 — GENERAL PROVISIONS

Chapters 16.01 through 16.14 shall be known as and may be cited as the Subdivision Ordinance of the city of Parlier and are deemed necessary in order to protect the public health, safety, and general welfare, including the public interest; the conservation, stabilization, and protection of property values, and to assure provision for necessary utilities, public roads, and other public conveniences in subdivided areas.

(Ord. 87-2 §1(part), 1987).

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code (Sections 66410, et al) cited as the Subdivision Map Act, the regulations contained in this title are established herewith and shall apply to all subdivisions or parts of subdivision wholly or partly within the city, and to the preparation, filing and approval of maps.

(Ord. 87-2 §1(part), 1987).

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.

(Ord. 87-2 §1(part), 1987).

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-ways and improvement of streets and ways.

B.

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

(Ord. 87-2 §1(part), 1987).

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 city council until the requirements of the city's California Environmental Quality Act Guidelines have been met.

(Ord. 87-2 §1(part), 1987).

Subdivision maps shall conform to the Zoning ordinance of the city with respect to uses of land, lot sizes and dimensions, and other applicable regulations; provided however, that where this title imposes higher 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 shall be considered prior to, or concurrently with, the tentative map or the tentative parcel map.

(Ord. 87-2 §1(part), 1987).

A.

The provisions of this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of 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 be it by deed, covenant, or other private agreements, or with restrictive covenant running with the land. Only those improvement standards, applicable at the time a tentative subdivision or parcel map is approved, shall be imposed.

B.

The provisions of this title shall not be applicable to those exemptions and exclusions as cited in the Subdivision Map Act at Sections 66412 and 66426.5.

(Ord. 87-2 §1(part), 1987).

Exclusions to provisions of the Subdivision Map Act shall be as set forth in Chapter 1 Article 1 Section 66412 of the Subdivision Map Act, with the exception that Section 66412 Subdivision (d) shall be amended to include the following:

A.

A lot or property line adjustment between two or more 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 or property line adjustment is approved by the city engineer following the filing by the owners of an application therefor, and the following are submitted to the city engineer within ninety days of the approval thereof:

A current report from a title company, which sets forth therein the owners of the adjusted parcels; and

Copies of the new recorded deeds of trust.

B.

Extension. The time limit listed above may be extended by the city engineer upon receipt of a written request by the applicants, but in no case may the time limit exceed one year.

(Ord. 87-2 §1(part), 1987).

The procedures for and criteria for the mergers and unmergers of parcels shall be as set forth in the Chapter 3, Articles 1.5 and 1.7 of the Subdivision Map Act.

(Ord. 87-2 §1(part), 1987).

A separate map shall be prepared for each subdivision where land is separated from other land in a parcel or holding by division other than a street, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal, or public utility right-of-way.

(Ord. 87-2 §1(part), 1987).

Control of design and improvements of subdivisions is vested with the city council.

(Ord. 87-2 §1(part), 1987).

A.

Jurisdiction to approve tentative and final subdivision maps within the city is vested with the city council. Jurisdiction to approve tentative parcel maps is vested with the city council. Authority to approve parcel maps conforming to approved tentative parcel maps is delegated to the city administrator and the city engineer.

B.

Approved and conditionally approved tentative maps and tentative parcel maps shall expire in the manner and according to the time limits contained in Sections 66452.6 and 66463.5 of the Map Act and shall be subject to discretionary time extensions not to exceed a total of three years by application to the city council.

C.

Approval and conditional approval of vesting tentative maps shall expire in twenty-four months after initial approval or conditional approval and shall thereafter be subjected to discretionary time extensions not to exceed one year upon application to the city council.

(Ord. 87-2 §1(part), 1987).

The planning commission if appointed and established by the city council is designated as the advisory agency to the city council on matters related to tentative and final maps.

(Ord. 87-2 §1(part), 1987).

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

(Ord. 87-2 §1(part), 1987).

This title is intended to comply with all the mandatory requirements of the Subdivision Map Act. Accordingly, this title shall be interpreted and applied to meet said mandatory requirements as presently adopted or hereafter amended to avoid invalidating any of its provisions due to preemption.

(Ord. 87-2 §1(part), 1987).