§ 16.01

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).

16.01.070 - Applicability.

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:

1.

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

2.

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).

16.01.120 - Map approval—Generally.

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).

16.01.140 - Delegation of powers and duties.

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).

Chapter 16.02 - DEFINITIONS

Sections:

16.02.010 - Generally.

A.

The definitions and meanings of words and phrases, which are defined in the Subdivision Map Act, are used in this title as defined in this chapter, unless from the context thereof it clearly appears that a different meaning is intended. The word "may" indicates an action which is permissive. The word "shall" indicates an action which is mandatory. All words in the singular shall include the plural, and plural, the singular. Each gender shall include the other. Each tense shall include the other tenses.

1.

"A."

a.

"Abut" means to be contiguous to and in actual contact along a common line.

b.

"Access Road" means a road which connects a subdivision to a public road.

c.

"Advisory agency" means a designated official or an official body defined in Section 66415 of the Subdivision Map Act.

d.

"Alley" means any dedicated way intended for vehicular service to the rear or the side of property served by a public road.

e.

"Approved" means approved by the City Council or by the department having jurisdiction on such matters, unless otherwise specified.

f.

"Approved private road" means a strip of land approved by the City Council for road purposes, which has not been dedicated or accepted as a public road and which connects a parcel of land with a public road.

g.

"Arterial," "local collector," "collector," "local streets and alleys" mean roads designated as such in the circulation element of the General Plan of the city, adopted by the city council.

h.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store.

i.

"Corner lot" means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred thirty-five degrees.

j.

"Council" means the Parlier city council.

k.

"County recorder" means the county recorder of the county of Fresno.

l.

"Cul-de-sac" means a road which terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

m.

"Conveyance of land to public entity" means any conveyance of land to a governmental agency, public entity, public utility as defined in Section 66426.5 of the Subdivision Map Act.

"D."

a.

"Dead-end road" (stub road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

b.

"Dedicated road" means a right-of-way dedicated to the city for road purposes, and legally accepted as such by the city.

c.

"Dedication" means a transfer by a subdivider to the city, county, or city and county of title to real property or any interest therein, or of an easement or right in real property, the transfer of facilities, or the installation of improvements, or any combination thereof.

d.

"Design" means:

i.

Street alignments, grades, and widths;

ii.

Drainage and sanitary facilities and utilities including alignments and grades thereof;

iii.

Location and size of all required easements and rights-of-way;

iv.

Fire roads and firebreaks;

v.

Lot size and configuration;

vi.

Traffic access;

vii.

Grading;

viii.

Land to be dedicated for park or recreation purposes; and

ix.

Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan, or as may be necessary to provide for the public safety, health and welfare.

e.

"Development" means the uses to which the land is put, which is the subject as defined in Section 66418.1 of the Subdivision Map Act.

f.

"Dividing strip" means a separation between opposite directional flows of traffic. It may also serve to separate a road or highway from the parallel frontage road which provides access to property.

g.

"Double frontage lot" (or through lot) means a lot having frontage on two roads and having the right of access to both of those roads, but excluding corner lots.

5.

"E."

a.

"Easement for public road" means a right-of-way offered to the city for road purposes by a division of land. Upon acceptance by the city, it is deemed a city road.

b.

"Existing lot or building site" means a designated lot or contiguous lots on a lawfully established subdivision map or record of survey so existing upon the effective date of the ordinance codified in this title or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title or a whole parcel of land under separate ownership so existing upon the effective date of the ordinance codified in this title or such a lot or separate parcel of land thereafter lawfully created.

c.

"Expressway" means a highway for through traffic with full or partial control of access and generally with intersection at grade.

"F."

a.

"Final map" means the official map which is recorded by the county recorder indicating the divisions of land within the subdivision. It shall conform with the requirements of Chapters 16.06 and 16.07 of this title.

b.

"Freeway" means a highway for through traffic with full control of access and generally with grade separation at intersections.

c.

"Frontage" means that portion of a parcel of property which abuts on a public or approved private road.

d.

"Frontage road" (service road or outer highway) means those roads which parallel freeways, expressways, highways or other major streets, providing for access to abutting property or for circulation, and which are separated from the highway or street by a dividing strip.

"G."

a.

"General Plan" means the General Plan of the city, adopted by the city council, which may include any of the elements listed in the Government Code of the state.

"I."

a.

"Improvement plans" means the plans, profiles, cross sections, and specifications of all proposed improvements, including the information required by Chapter 16.08 of this title.

b.

"Improvement" means any street work and utilities to be installed as defined in Section 66419 items (a) and (b) of the Subdivision Map Act.

c.

"Improvement standards" means the same as standard specifications.

9.

"L."

a.

"Local road" means any public road that is used or is intended to be used for the principal purpose of serving as access to abutting property.

b.

"Lot" means:

i.

A parcel of real property with a separate and distinct number or other designation shown on a subdivision map recorded in the office of the county recorder; or

ii.

A parcel of real property delineated on an approved record of survey map or parcel map as filed in the office of the county recorder and, if required by the Zoning Ordinance, abutting at least one public road or approved private road.

c.

"Lot, reversed corner" means a corner lot, the street side line of which is substantially a continuation of the front lot line of the lot upon which it rears.

"M."

a.

"Major street" means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used to carry heavy volumes of traffic through an urban area or between urban areas, which normally would require a street with four or more lanes.

b.

"Map Act" means the Subdivision Map Act as set forth in Title 7, Division 2 of the Government Code of the State of California, commencing with Section 66410.

c.

"Master Plan" means the same as General Plan or any other overall plan developed and approved including zoning, streets, utilities, transportation, housing, environmental, and specific plans.

"N."

a.

"Non-access line" means a line delineated on a subdivision map, or described in a deed, which is for the purpose of prohibiting access.

"O."

a.

"Outlot" means a lot designated alphabetically on the subdivision map for specific use or nonuse.

"P."

a.

"Parcel map" means a map prepared for acceptance by the city and the county recorder in accordance with an approved tentative parcel map as provided for in Chapter 16.07 of this title and state laws.

b.

"Person" means and includes any individual, firm, co-partnership, joint venture, association, corporation, estate, receiver, syndicate, or any group or combination acting as a unit, and plural as well as the singular number.

c.

"Plan line" means a precise location for a future street right-of-way as shown on a specific plan.

d.

"Private road" means the same as "approved private road."

e.

"Public road" means any state highway, county or city street, avenue, highway or road which is within the maintained road system of the public agency having jurisdiction thereof or to be included within the maintained road system by agreement between said agencies and the subdivider.

14.

"R."

a.

"Remainder parcels" shall mean that portion of a subdivision designated by the subdivider on the tentative map or tentative parcel map, which is not being subdivided for the purpose of sale, lease or financing.

b.

"Restricted access strip" means a strip of land not less than one foot in width for the purpose of regulating access to part width and dead-end roads until such time as such roads may be completed or extended.

"S."

a.

Secretary of the planning commission" means the secretary of the planning commission of the city, duly appointed by the city council, and includes staff designated or assigned to the review of subdivision maps.

b.

"Front yard setback line" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

c.

"Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom the perpendicular distance prescribed for the yard in the zoning district.

d.

"Specific plan" (precise plan) means a plan for a specific area designated by the council, including all detailed regulations, conditions, programs and proposed legislation which shall be necessary or convenient for the systematic implementation of each element of the General Plan.

e.

"Standard specifications" means the design and improvement requirements established by the city council applicable at the time of approval of a tentative subdivision map or tentative parcel map and as set forth in the city "Standard Specifications" manual or any amendments thereto.

f.

"Stub road" (dead-end road) means a road which is terminated at the boundary line of the subdivision but which will be required to be extended at a later date to provide access to abutting land.

g.

"Subdivider" means a person, firm, corporation, partnership or association as defined in Section 66423 of the Subdivision Map Act.

h.

"Subdivision" means the division, by any subdivider, of any units as defined in Section 66424 of the Subdivision Map Act.

"T."

a.

"Temporary turnaround" means a paved area for turning vehicles at the end of a dead-end road, which is constructed either within the dedication right-of-way or upon a temporary easement, to be obliterated when said road is extended.

b.

"Tentative map" means a subdivision map defined in Chapter 16.06 of this title and made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. It is the map which is required to be presented to the city administrator in order to officially commence the process of dividing land according to the requirements of this title. It shall conform with the requirements of Chapter 16.05 of this title.

c.

"Tentative parcel map" means the tentative map for a division of land defined in Chapter 16.07 of this title which is required to be presented to the city administrator in order to officially commence the process of dividing land according to the requirements of this title and shall conform with the requirements of Chapter 16.05.

d.

"Through lot" means a lot having a frontage on two parallel or nearly parallel streets.

"V."

a.

"Vesting tentative map" means a map which meets the requirements for a tentative map as specified in Section 16.02.010.16 B and C of this title and Section 66452 of the Subdivision Map Act.

18.

"W."

a.

"Watercourse" means a strip of land over which water flows, having a definite bed, bank and channel wherein the water need not flow continually but usually flows in a particular direction.

19.

"Z."

a.

"Zoning district" means a district established by the Zoning Ordinance.

B.

Wherever a word or phrase used in the Subdivision Ordinance is not defined in the Map Act or in this title, and unless it appears otherwise from the context in which such word or phrase is used, it shall be construed harmonious with the definition or construction of such word or phrase as it may be used in the Zoning Ordinance in effect at the time.

(Ord. 87-2 §1(part), 1987).

Chapter 16.03 - MAPS—GENERALLY

Sections: