Chapter 17.04 — GENERAL PROVISIONS

This Title 17 (Subdivisions) shall be known as the "Subdivision Ordinance of the City of Redding" and is adopted in accordance with the California Subdivision Map Act (SMA, Government Code Section 66410 et seq.) as a "local ordinance" as that term is used in the Subdivision Map Act and is supplemental to the provisions thereof.

(Ord. No. 2469, § 1, 11-2-2010)

The purposes and intentions of this title are:

1.

To provide policies, standards, requirements and procedures to regulate and control the design and improvements of all subdivisions within the city;

2.

To ensure that, insofar as possible, all proposed subdivisions, together with the provisions for their design and improvements, are subdivided in a manner that will promote the public health, safety, convenience and general welfare in conformance with the general plan and any applicable specific plan and specific plan

design guidelines, any applicable development agreement, and other provisions of the Redding Municipal Code;

3.

To preserve and protect unique and valuable natural resources and amenities of the city's environment, including topographic and geologic features, open-space lands, streams, recreational areas, fish and wildlife habitats, wetlands (seasonal and perennial), historical and cultural places, and scenic vistas and attractions; and to accommodate the public's access to, and enjoyment of, such resources and amenities through the dedication or continuance of applicable easements thereto;

4.

To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space;

5.

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

6.

To provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;

7.

To ensure adequate access to each building site;

8.

To provide sidewalks and, where needed, pedestrian ways, biking paths, and equestrian and hiking trails for the safety, convenience, and enjoyment of the residents and employees of new developments and the general public;

9.

To provide adequate systems of water supply, wastewater disposal, storm drainage, street lighting, electricity, natural gas, communications, and other utilities needed for the public's health, safety and convenience;

10.

To provide adequate sites for public facilities needed to serve the residents and employees of new developments and the general public;

11.

To ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rightsof-way and for the improvements therein needed to serve new developments are the responsibility of the

subdivider;

12.

To prevent land from being subdivided for any use or in any manner that would be detrimental to the public health, safety, or welfare, such as being located in the one-hundred-year floodplain, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient wastewater facilities, hazardous geological or soil conditions, or other actual or potential dangerous condition(s).

(Ord. No. 2469, § 1, 11-2-2010)

A.

Applicability. Except as specifically excluded by the Subdivision Map Act, this title, or a development agreement approved by the city, the provisions of this title shall apply to any division of real property wholly or partially within the incorporated area of the city and shall govern the filing, processing, approval, conditional approval, or disapproval of: tentative maps, vesting tentative maps, final maps, parcel maps, administrative parcel maps, condominium and condominium conversions, property-line adjustments, lot mergers, reversion to acreage, certificates of compliance, and any modifications thereof. Except as otherwise provided in this title and in the Subdivision Map Act, all subdivisions shall be subject to the same substantive and procedural requirements.

B.

Tentative Map Filed Prior to Annexation. The city may process a tentative map involving land located within unincorporated territory adjacent to the city that is proposed for annexation as provided by SMA Section 66454.

C.

Effect of Annexation. In accordance with SMA Section 66413:

1.

The provisions of a final map and any agreements thereto for a subdivision originally approved and recorded under the jurisdiction of Shasta County shall continue to govern the subdivision following its annexation into the city of Redding.

2.

The regulations of the city of Redding shall apply to any final subdivision map for which a valid tentative map, vesting tentative map, or tentative parcel map has been approved by Shasta County but not yet recorded at the time of annexation to the city of Redding. Adherence to all applicable city regulations shall commence on the effective date of annexation.

D.

Presumption of Lawful Creation of Certain Parcels. A parcel created prior to March 4, 1972, may be conclusively presumed to have been lawfully created when qualified in accordance with SMA Section 66412.6. This includes circumstances where a subsequent purchaser acquired a parcel for valuable consideration without actual or constructive knowledge that the parcel was created in violation of a local ordinance. In such circumstances, a certificate of compliance shall be obtained in accordance with Section 17.16.030, prior to a permit or other grant of approval for development of the property.

(Ord. No. 2469, § 1, 11-2-2010)

17.04.040 - Interpretation, conflict, and separability.

A.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

B.

Where the conditions imposed by any provisions of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this ordinance or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

C.

Should any of the provisions of this title be found in conflict with the Subdivision Map Act or any other law or regulation of the state of California, the latter law or regulation shall govern.

D.

The provisions of this ordinance are separable. If a section, sentence, clause or phrase of this ordinance is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this ordinance.

(Ord. No. 2469, § 1, 11-2-2010)

17.04.050 - Considerations for implementation.

A.

General Plan and Zoning Laws. The Redding General Plan and Zoning Ordinance guide the use of all land within the corporate boundaries of the city. The size and design of lots, the nature of utilities, the design and improvement of streets, the type and intensity of land use, and the provisions for any special facilities in any subdivision must conform to the land uses shown and the standards established in the general plan and the zoning laws of the city.

B.

Environmental Impact and Mitigation Monitoring. The environmental impact of any subdivision must be considered in accordance with the California Environmental Quality Act (CEQA); with the current Guidelines for Implementation of CEQA, adopted by the secretary for resources of the state; and with ordinances and resolutions of the city council adopted to implement the provisions of CEQA, including those established under RMC Chapter 18.24.

C.

Community Facilities and Utilities. The impact of any proposed subdivision upon community facilities, such as schools; parks; recreation areas; and essential utilities and services, such as sewer, water, electric, gas, communications, storm-drain systems, and solid waste, must be considered. The provisions of this title establish procedures for the referral of proposed subdivision data to city departments, interested boards, bureaus, other governmental agencies, and utility companies, both public and private, so that the necessary extension of community facilities and utilities may be fully understood and accomplished in an orderly manner and be coordinated with the development of the subdivision and surrounding lands in accordance with applicable facility or utility master plans. In order to facilitate the acquisition of land areas required to implement this policy, the city may require that the subdivider dedicate, grant easements, or otherwise reserve land for such public purposes as specified in the Subdivision Map Act and this title.

D.

Grading and Erosion Control. Every map approved pursuant to this title shall be subject to compliance with the requirements for grading and erosion control as set forth in RMC Chapter 16.12 and the California Building Code.

(Ord. No. 2469, § 1, 11-2-2010)

Each subdivision and the map thereof shall be in conformity with the provisions of this title and the Subdivision Map Act.

(Ord. No. 2469, § 1, 11-2-2010)

17.04.070 - Advisory agency and duties.

A.

Advisory Agency Designation. The advisory agency, as such term is used in the Subdivision Map Act and this title, shall be as follows:

1.

Development services director for property-line adjustments, voluntary mergers, administrative parcel maps, parcel map waivers, certificate of compliance, and miscellaneous determinations and minor variations to previously approved subdivision projects in accordance with Chapter 17.04.080.

Board of administrative review for a tentative map supporting a parcel map and any matter under authority of approval, and by referral, from the development services director.

3.

Planning commission for a tentative map supporting a final map, vesting tentative map, condominiums and condominium conversions, nonvoluntary mergers, and any matter under authority of approval, and by referral, from the development services director or board of administrative review.

Within this title, an advisory agency may also be commonly referred to as an "approval authority."

B.

Duties. The advisory agency shall have the duty of considering investigations and reports on the design and improvement of proposed divisions of real property; conducting a public hearing when required; imposing requirements or conditions thereon; and having the authority to approve, conditionally approve, or disapprove the discretionary matters governed by this title, while also ensuring project compliance with CEQA. Appeals of actions by an advisory agency shall be in accordance with Section 17.04.110. The city council reserves the duty for final approval or denial authority in the case of appeals or when a subdivision project also requires legislative action.

C.

Standard Conditions. For the purpose of providing streamlining and efficiency in the tentative map approval process, the planning commission shall have the authority to adopt by resolution, any modifications as deemed necessary and appropriate to city council approved standard conditions of approval to be applicable to all future approved tentative maps, in addition to any required project-specific conditions. Modification of the city council approved standard conditions of approval shall be subject to a public hearing to allow input from the general public and the local development community.

(Ord. No. 2469, § 1, 11-2-2010)

A.

In the event of any confusion, language conflict, vagueness, typographical error or special circumstance where a design standard or condition of approval is questioned in terms of proper meaning or requirement for implementation, the development services director shall have the authority to determine an appropriate standard or requirement or other remedy as necessary to ensure that the intent of the condition and related tentative map approval is met in full accordance with applicable laws and policies and as necessary to ensure orderly development. In the case where necessary modifications to a condition of approval and/or the overall project are extensive and would constitute a major variation in the project description, then a formal amendment to the approved tentative map shall be required in accordance with Section 17.20.160.

B.

Administrative determinations by the director shall be documented and dated effective in writing, with copies provided to the subdivider, property owner if different than subdivider, any city department or

outside agency potentially involved in the determination, and the subdivision file.

C.

Administrative determinations may be appealed as provided under Section 17.04.110.

(Ord. No. 2469, § 1, 11-2-2010)

7.04.090 - Compliance required for permit issuance.

A.

In accordance with SMA Section 66499.34, no building shall be constructed, nor shall a building or grading permit be issued, except as allowed otherwise in the following section, unless the parcel of land subject to construction was lawfully created or a certificate of compliance was issued in compliance with the provisions of this title and the Subdivision Map Act. Development on legal nonconforming parcels of record shall be in accordance with the provisions of RMC Chapter 18.46.080.

B.

At the discretion of the building official, building permits may be issued to commence construction of structures on subdivided lands lacking completed and/or accepted public improvements or prior to the filing of a final map or parcel map, consistent with the following:

1.

Parcel created. A final map or parcel map has been recorded and required public improvements have been bonded, but improvements have not been constructed or accepted by the city. In this instance, the subdivider must demonstrate that sufficient access, utility, site preparation and survey, and fire-safety provisions are satisfied in accordance with the current building division administrative policy.

2.

Parcel creation pending—model homes. Building permits may be issued to commence construction on a maximum of four model homes on pending lots prior to recordation of a final map or parcel map and before bonding or acceptance of required public improvements, when all of the following items are met:

a.

The current tentative map approval has at least one year remaining.

b.

The draft final map or parcel map has been filed with the city engineer for checking and property corners have been set.

c.

The subdivider demonstrates that sufficient access, utility, site preparation and survey and fire-safety provisions are satisfied in accordance with the current building division administrative policy.

3.

Final certificate of occupancy. Final certificate of occupancy shall not be permitted until all public improvements associated with the subdivision have been accepted by the city, or the city engineer finds that the improvements are substantially complete, such that no danger to health or safety is created by issuance of said certificate of occupancy. Improvements may be deemed substantially complete at the discretion of the city engineer when the majority of required infrastructure has been installed and only minor work or minor corrections remain. In such instance, it is expected that the subdivider will ensure that work continues expeditiously, such that the city may accept the improvements in a timely fashion.

(Ord. No. 2469, § 1, 11-2-2010)

A.

At the time of approving a tentative map or tentative parcel map, the approval authority may authorize modifications to the subdivision design and improvement standards, as specified in this title, when one or more of the following circumstances apply to the project:

1.

The subdivision is of such a size or shape and/or is affected by topographic, special habitat, soil conditions or other unique constraint that render it impossible, impractical or undesirable, in the particular case, to conform fully to the standard design criteria and improvement standards, and the requested modification(s) is necessary by reason of such subdivision characteristics or conditions.

2.

The subdivision is located in an urban infill area that contains existing streets, utilities or other public improvements that do not conform to current design criteria and improvement standards and that modification of such design criteria and improvement standards is recommended by the city engineer to allow the logical and compatible extension of streets, utilities, or other public improvements based on consideration of existing conditions.

3.

The subdivision is subject to a specific plan, area plan, planned development, mixed-use plan, or condominium plan, which has considered and required the construction of streets, utilities or other public or private infrastructure in accordance with alternative design criteria and improvement standards specifically set forth therein and modification of the design criteria and improvement standards is necessary to support the alternative design criteria and improvement standards approved for the project.

4.

The subdivision design must incorporate one or more mitigation measures identified in a mitigated negative declaration or environmental impact report prepared for the project in accordance with CEQA, and modification of the design criteria and improvement standards is necessary to support the mitigation measure(s) that will result in reducing the subdivision's impact on the environment.

5.

The subdivision will include affordable housing approved under RMC Section 18.26, Residential Density Bonus, and California Government Code Section 65915 et seq., and modification of the design criteria and improvement standards in the case of proposed subdivision is demonstrably necessary in order to make such affordable housing economically feasible.

B.

A subdivision modification request must be made and justified in writing by the subdivider at the time of application to the city. The basis and factual information supporting the subdivision-modification request shall be clearly stated by the subdivider. Additional information may be requested by the director as necessary to evaluate the request. Submittal of a subdivision modification after a tentative map application is submitted shall constitute a formal revision to the application and be processed accordingly.

C.

Approval of modifications to subdivision design and improvement standards shall be based on the following findings by the authority approving the map:

1.

One or more special circumstances clearly apply to the subdivision as identified under Section 17.04.100.A.

2.

With the modification, the project remains consistent with the Subdivision Map Act, general plan, and the general purpose and intent of this title.

3.

The modification(s) is necessary for preservation and enjoyment of a substantial property right of petitioner and does not result in a special privilege not available to others in the same circumstance.

(Ord. No. 2469, § 1, 11-2-2010)

A.

Procedure. Any person unsatisfied with the action of an approval authority may file an appeal as supported under SMA Section 66452.5. Any such appeal shall follow the procedural requirements set forth in RMC Section 18.11.090.

B.

Appeals Board. For the purpose of this title, an appeals board shall be as specified under RMC Section 18.11.090.A.

C.

Tenant Notification. In the case where the land subject to appeal is developed with existing occupied units, all tenants shall also be served legal notice of the appeal, in addition to those specified under RMC Section 18.11.090.F.

(Ord. No. 2469, § 1, 11-2-2010)

A.

The development services director shall prescribe the form and standard information required to be submitted for each application type required under this title. In addition to standard application requirements, the director may also require supplemental information and data to complete the application as necessary to determine project consistency with the general plan, Redding Municipal Code, Subdivision Map Act, and/or to satisfy the requirements of CEQA.

B.

Based on the current fee schedule adopted by the city council, application fees shall be paid at the time of submittal to the city for the filing and processing of each application type required under this title, for the preparation of related CEQA environmental documents and, when applicable, appeals of decision.

(Ord. No. 2469, § 1, 11-2-2010)

Chapter 17.08 - DEFINITIONS

Sections: