Porterville Municipal Code § 400.05 Authority to Vary Regulations

A. Citation and Authority. This Series is enacted pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, referred to herein as the “Subdivision Map Act.”

B. Purpose. Series 400, Land Divisions, is adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare. More specifically, this Series is adopted in order to achieve the following objectives:

1. To aid in the implementation of the General Plan, and elements thereof, as adopted by the City Council.

2. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used.

3. To provide streets of adequate capacity for the anticipated traffic which would utilize them, and to ensure that they are designed to promote a safe vehicular and pedestrian traffic circulation system.

4. To accommodate new development in a manner which will preserve and enhance the city’s living environment.

5. To provide for water supply, sewage disposal, storm drainage, and other utilities and facilities which are required by conditions of an urban environment.

6. To ensure that the costs of providing rights-of-way, street improvements, utilities and public areas and facilities needed to service new developments are borne fairly and equitably by the subdivider, rather than by property owners of the city at large.

C. Scope. Series 400, Land Divisions, is enacted for the purpose of regulating subdivision of land in accordance with the Subdivision Map Act of the State of California, and any future amendments thereto, and repeals all other regulations of the City of Porterville in conflict with this Series; provided, however, that such repeal shall not affect any agreement, contract, or bond executed pursuant to such regulations or any rights of action accruing thereunder. The regulations contained in this Series shall apply to all subdivisions and parcel maps or parts of subdivisions and parcel maps hereafter made entirely or partially within the City of Porterville. The provisions of this Series shall be in addition to and shall be considered as supplemental to the provisions of the Subdivision Map Act of the State of California, as now in effect or hereinafter amended.

D. Exclusions. These standards shall not apply to those divisions of land excluded by Section 66412 of the Subdivision Map Act. (Ord. 1870, 6-2-2020)

A. City Attorney. The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and improvement securities.

B. City Council. The City Council shall review and approve, conditionally approve or disapprove tentative and final subdivision maps and parcel maps when the parcel map is in coordination with a discretionary permit and/or multi-application projects. The City Council shall have final jurisdiction in the approval of reversions to acreage, final maps, improvement agreements, and the acceptance by the city of lands and/or improvements as may be proposed for dedication to the city for final maps. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or disapproval for parcel maps.

C. Engineering and Project Management Director or City Engineer. The Engineering and Project Management Director, City Engineer or their designee shall be responsible for:

1. Establishing design and construction details, standards and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of this Series and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Zoning Administrator for tentative subdivision maps and parcel maps.

3. The processing of final maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance. In the case where signatures are required, it shall be provided by the appropriately authorized individual.

4. Examining and stating that final maps are in substantial conformance with the approved tentative map.

5. The inspection and approval of subdivision improvements.

6. As authorized by the City Council, accept the dedication of streets, alleys, including access rights and abutter’s rights, drainage easements, parks, and other easements and parcels of land intended for public use.

7. The collection of all required deposits and fees.

8. The Engineering and Project Management Director or designee(s) authorized to sign on behalf of the City as the City Engineer or City Surveyor, pursuant to the Professional Engineer’s Act (Chapter 7 [commencing with Section 6700] of Division 3 of the Business and Professions Code).

D. Zoning Administrator. The Zoning Administrator, or designee, shall be responsible for design analysis for conformity with the General Plan and this Ordinance; for the environmental impact of the subdivision design; and for the expedient processing of subdivision maps, parcel maps, and reports, as provided herein.

E. Project Review Committee. The Project Review Committee shall be responsible for reviewing and commenting on preliminary maps that show the general characteristics of the proposed subdivision.

F. Parcel Map Committee. The Parcel Map Committee shall have the authority to approve, conditionally approve, or deny tentative parcel maps. The Parcel Map Committee may impose conditions upon a tentative map, as appropriate, to determine compliance with general engineering or surveying practices in compliance with adopted policies and ordinances. The Parcel Map Committee shall be the advisory committee to the City Council for tentative parcel maps requiring concurrent processing consistent with Section 601.04(c).

G. Subdivider. The subdivider shall prepare maps consistent with the standards contained herein, and design public improvements consistent with the public improvement standards of the City of Porterville. The subdivider shall process said maps in accordance with the regulations set forth herein. (Ord. 1870, 6-2-2020)

A. The subdivider or any interested person adversely affected may appeal any decision, determination or requirement of the Engineering and Project Management Director, Zoning Administrator, or Parcel Map Committee consistent with the provisions of Chapter 612, Appeals.

B. When the Parcel Map Committee has acted on an application for an exception, in accordance with the provisions of this Series, any interested person may file an appeal to the City Clerk pursuant to the procedures and within the time limits set forth in Chapter 612, Appeals. City Council decisions are final upon adoption of the resolution. (Ord. 1870, 6-2-2020)

A. A tentative map or parcel map shall be denied approval or conditional approval in the event any one (1) of the following findings is found to prevail by the approving body:

1. That the proposed map is not consistent with applicable general and specific plans.

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

3. That the site is not physically suitable for the type of development.

4. That the site is not physically suitable for the proposed density of development.

5. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Ord. 1870, 6-2-2020)

A. The Parcel Map Committee/City Council, with respect to tentative parcel maps and tentative subdivision maps, respectively, can modify any of the requirements and regulations set forth in this Series as it pertains to lot design, subject to the approval of a conditional use permit. Variation of regulations is applicable when there are natural features such as topographic constraints and soils conditions that may warrant modified standards. Application for any such modification shall be made in writing by the subdivider in the form of a conditional use permit application, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map of the proposed land division. If in the opinion of the Zoning Administrator and Engineering and Project Management Director/City Engineer the on- and/or off-site improvements, phasing and/or type of improvements necessitate it, a development agreement may be required between the City and the subdivider. In order for the property referred to in the application to come within the provisions of this section, it shall be necessary that the City Council or Parcel Map Committee find the following facts with respect thereto:

1. There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

2. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated;

4. That the exception is appropriate for the proper design and/or function of the subdivision; and

5. That the granting of the exception is consistent with the General Plan.

B. Exception to Conditional Use Permit Requirement. As it pertains to tentative parcel maps and tentative subdivision maps, exceptions to regulations pertaining to lot depth, reverse corner lots, street length and width, and double frontage lots or for minor exceptions as determined by the Zoning Administrator, shall be processed with the tentative map and shall not be subject to a conditional use permit per the above section (a). Exceptions from additional subdivision design standards and/or standards pertaining to the lot design within particular zones shall be subject to the approval of a conditional use permit.

1. Action on Exceptions. In the event that the proposed exceptions represent more than exceptions from lot depth, reverse corner lots, street length, and double frontage lots, the City Council shall approve, conditionally approve or disapprove the application for a conditional use permit pertaining to a tentative map in a public hearing held concurrently with the proposed tentative map. The Parcel Map Committee shall consider the exceptions not subject to a conditional use permit during the public hearing at which it considers the tentative parcel map.

2. Appeals. When the Parcel Map Committee has acted on an application for an exception, in accordance with the provisions of this article, any interested person may appeal to the City Clerk pursuant to the procedures and within the time limits set forth in Chapter 612. City Council decisions are final upon adoption of the resolution. (Ord. 1870, 6-2-2020)

A. General. The necessity for tentative maps (Chapter 402), or vesting tentative maps (Chapter 403), final maps (Chapter 404), and parcel maps (Chapter 405) shall be governed by the provisions of this Series. A designated remainder lot shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.

B. Final Map. A tentative or vesting tentative and final map shall be required for all divisions of land creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

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

3. 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 governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than one quarter of a quarter section.

5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

6. The subdivisions described in paragraphs B1, B2, B3, B4 or B5 shall require a parcel map.

C. Parcel Map. A tentative map, vesting tentative map, and parcel map shall be required for all divisions of land into four (4) or fewer parcels, and for divisions of land into five (5) or more parcels that are classified as a parcel map in subsection (b) above, except that a tentative map and parcel map shall not be required for:

1. Right-of-Way Subdivisions. Subdivisions of a portion of the operating right-of- way of a railroad corporation, defined by Section 230 of the Public Utilities Code that are created by short-term leases terminable by either party on not more than 30 days’ notice in writing.

2. Conveyances. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

3. Lot Line Adjustments. Lot line adjustments that meet the requirements of Section 406.03, Lot Line Adjustments. (Ord. 1870, 6-2-2020)