Rio Vista Municipal Code Ch. 16.04 General Provisions and Definitions

The ordinance codified in this title is adopted to supplement and implement the Subdivision Map Act, Section 66410, et seq. of the Government Code, and may be cited as the subdivision ordinance of the city.

(Prior code Appendix C § 1.1)

It is the purpose of this title to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in the approval of the subdivision committee, planning commission, the city engineer, and city council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provision for adequate traffic circulation, utilities and services.

(Prior code Appendix C § 1.2)

A. No land shall be subdivided and developed for any purpose which is not in conformity with the general plan and zoning ordinance of the city.

B. The type and intensity of land use as shown on the general plan shall determine the type of street, utilities and public services that shall be provided by the subdivider. These public improvements shall be consistent with the general plan, master utility plan, and city design standards and standard plans.

(Prior code Appendix C § 1.3)

The regulations set forth in this title shall apply to all subdivisions or parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act.

(Prior code Appendix C § 1.4)

Whenever, in the opinion of the planning commission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the planning commission may make such modification of requirements after consultation with the city attorney.

(Prior code Appendix C § 1.5)

As used in this title:

"Advisory agency"

means a designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps.

"Appeal board"

means the city council for all subdivisions. The appeal board shall have the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the planning commission to be required.

"Block"

means the area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

"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. A condominium may include, in addition, a separate interest in other portions of such real property.

"Conversion"

means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings thereon.

"Design"

means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and fire breaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for libraries, schools, police and fire stations, wells, recreational purposes; and (9) 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, master utility plan, subdivision design standards, or any applicable specific plan.

"Development"

means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

"Environmental impact report (EIR)"

means a detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act, and may mean either a draft or a final EIR.

"Final map"

means a map showing a subdivision of five or more parcels as required by the Subdivision Map Act or this title, prepared in accordance with the provisions of this title and the Subdivision Map Act designed to be recorded in the office of the county recorder.

"General plan"

means the general plan of the city and any amendment thereto.

"Improvement"

refers to such street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure consistency with, or implementation of the general plan and master utility plan.

Improvements

shall be constructed in accordance with the city standard specifications and details and/or when applicable with standards as adopted by local utility companies and approved by the city engineer.

"Local agency"

means the city of Rio Vista, California.

"Lot"

means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision of record of survey map, or by metes and bounds.

"Lot line adjustment"

means a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created as approved by the city engineer or authorized representative.

"Major subdivision"

means a subdivision consisting of five or more parcels.

"Map Act"

means the Subdivision Map Act of the state of California.

"Merger"

means the joining of two or more contiguous parcels of land under one ownership into one parcel.

"Minor subdivision"

means a subdivision of land of four or less parcels.

"Parcel map"

means a map showing a division of land of four or less parcels as required by this title, prepared in accordance with the provisions of this title and the Map Act.

"Peripheral street"

means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

"Preliminary map"

refers to the first stage in the tentative map review process on major (five or more parcel) subdivisions in which project concept maps and improvement drawings are submitted for general plan and master utility plan review and commentary by the city subdivision committee.

"Remainder"

means that portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

"Subdivision improvement standards"

means the city master utility plan, standard details, standard specifications, and other standards approved by the city engineer that shall govern the improvements to be constructed pursuant to this title and the Map Act.

"Streets"

includes highways.

"Subdivider"

means a person, firm, corporation, partnership or association that proposes to divide, divides, or causes to be divided real property into a subdivision for himself, herself, itself, or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

"Subdivision"

means the division, by any subdivider, or any unit or units of improved or unimproved contiguous land shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.

"Subdivision"

does not include:

Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks, or trailer parks for the purpose of lease or financing;

Land divided by mineral, oil, or gas leases;

Land dedicated for cemetery purposes under the Health and Safety Code of the state of California;

A lot line adjustment between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the city engineer, planning commission and city council;

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 windpowered electrical generation device on the land, if the project is subject to discretionary action by the planning commission or city council.

"Tentative map"

refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

"Zoning ordinance"

means the city Municipal Code, Title 17, or any ordinance enacted under zoning law.

(Prior code Appendix C § 2.1)