Sec. 50-30. - Fee adjustments.

A developer of any project subject to the fees described in section 50-27 may apply to the city council for a reduction or adjustment to those fees, or a waiver of those fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Code 1960, § 19A.5)

Chapter 62 - SUBDIVISIONS[[1]]

Footnotes:

--- ( 1 ) ---

Cross reference— Buildings and building regulations, ch. 14; floods, ch. 34; planning and development, ch. 50; zoning, ch. 90.

State Law reference— Subdivisions generally, Business and Professions Code § 11000 et seq.; Subdivision Map Act, Government Code § 66410 et seq.

ARTICLE I. - IN GENERAL

Sec. 62-1. - Purpose.

This chapter is adopted to supplement and implement the Subdivision Map Act of the state and shall apply to all subdivisions in the city.

(Code 1960, § 19.2)

Sec. 62-2. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advisory agency means the planning commission of the city.

Alley means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Appeals board means the city council.

Arterial street means a street designated as an arterial street in the general plan or adopted specific plan which, because of its design and location with respect to other streets and other sources of traffic, is used or designed to carry relatively heavy volumes of traffic through an urban area or between urban areas, which serves as an approach to a highway or freeway.

Block means the distance, measured along a street centerline between the centerlines of intersecting streets, between the centerline of an intersecting street and a railroad right-of-way, or between the centerline of an intersecting street and the end of said street.

Collector street means a street designated as a collector street in the general plan or adopted specific plan which, because of its location with respect to other streets and other sources of traffic, is used or designed to carry moderately heavy volumes of traffic between portions of urban areas or between arterial streets.

Commission means the planning commission of the city.

Cul-de-sac street means a street having only one outlet for vehicular traffic and which is not intended to be extended or continued to serve future development on adjacent lands.

Designated city official means any employee or other representative of the city appointed by ordinance, resolution, or minute order of the city council who is qualified in accordance with state and city statutes to perform the specific functions as set forth in this chapter.

Frontage street or frontage road means a local street which is parallel to and adjacent to an arterial street or limited access highway or which provides access to abutting properties while relieving them of the effects of heavy volumes of fast through traffic.

Local street means a street which, because of its design and location with respect to other streets, is used primarily for access to the abutting properties.

Lot means a parcel or subdivided land under one ownership used, or susceptible to being used, in accordance with the provisions of this chapter and in accordance with the zoning regulations applicable to the district in which the parcel is located.

Sidewalk means a way designed for use by pedestrians, which is located within a street right-of-way.

Standards means standard drawings, specifications, and design criteria for the design and construction of public improvements in the city as adopted by the city council.

Stubbed street means a street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future development on adjacent lands.

Subdivision map act or map act means the subdivision map act of the state, commencing with the Government Code § 66410.

Subdivision map act terms includes all terms, unless defined in this section, which are defined in the map act; such terms shall have the same meanings as ascribed thereto in such act.

(Code 1960, § 19.3)

Cross reference— Definitions and rules of construction generally, § 1-2.

Secs. 62-3—62-25. - Reserved.

ARTICLE II. - ADMINISTRATION AND ENFORCEMENT[[2]]

Footnotes:

--- ( 2 ) ---

Cross reference— Administration, ch. 2.

Sec. 62-26. - Commission responsibility.

The planning commission shall constitute the advisory agency and is authorized to approve, conditionally approve, or disapprove tentative maps. In addition to all other responsibilities assigned to the advisory agency by the map act, the agency is assigned the responsibilities referred to in Government Code § 66474.7 and all other responsibilities set forth in this chapter.

(Code 1960, § 19.11)

Sec. 62-27. - Executive secretary.

The planning director is designated as the executive secretary to the advisory agency with the authority to receive preliminary and tentative maps of proposed subdivisions according to the subdivision map act.

(Code 1960, § 19.12)

Sec. 62-28. - Tentative, final and parcel maps required.

A tentative, final and parcel map shall be required for all subdivisions of land authorized or required by the subdivision map act. Any division of lands not subject to a parcel map or final map procedure by the provision of the subdivision map act shall be exempt from the provisions of this chapter.

(Code 1960, § 19.13)

Sec. 62-29. - Waiver of parcel map.

(a)

Pursuant to Government Code § 66428, the planning commission may waive the requirements of a parcel map imposed by Government Code § 66426.

(b)

The planning commission shall not approve the waiver of a parcel map unless it makes the following findings:

(1)

That the proposed division is in compliance with all requirements of the city zoning ordinance.

(2)

That all improvements for the proposed division of land have been completed in accordance with the requirements for a final map as set forth in article V of this chapter.

(3)

That the proposed division of land is in compliance with all the requirements imposed by the environmental quality act (CEQA) of 1970 and the City Environmental Impact Reports (EIR) Guidelines.

(4)

That no additional dedications for the purpose of public facilities or improvements are necessary for the public safety and welfare.

(5)

That the proposed division of land is in conformance with the city's general plan or relevant specific plan.

(c)

Upon making these findings, the planning commission shall issue a certificate of compliance for recording in accordance with Government Code § 66499.35.

(d)

A tentative map subject to the requirements of this chapter or other additional information deemed necessary by the planning commission for waiver consideration may be required with the request for waiver. In addition, a preliminary title report in accordance with section 62-114 may be required. Fees for filing, checking, and processing the waiver and notice of compliance shall be in the amount prescribed from time to time by resolution of the city council.

(Code 1960, § 19.14; Ord. No. 898, § 1, 10-21-93)

Sec. 62-30. - Limitations on issuance of permits.

(a)

No permit shall be granted for the construction, installation or placement of any building for sale, lease, or financing on any lot or parcel, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by this article until such map thereof, in full compliance with the provisions of this chapter and the map act, has been filed for record by the county recorder.

(b)

Any permit issued contrary to the provisions of this section shall be void.

(Code 1960, § 19.15)

Sec. 62-31. - Unlawfulness of certain transactions.

It is unlawful to offer to sell or lease, to contract to sell or lease, to sell or lease, to finance any lot or parcel or real property or commence construction of any building for sale or lease or financing thereon, except for model homes for which a final map or parcel map is required by this chapter, until such map thereof, in full compliance with the provisions of this chapter and the map act, has been filed for record by the county recorder.

(Code 1960, § 19.16)

Sec. 62-32. - Voidability of certain transactions.

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the map act or this chapter, is voidable to the extent and in the same manner provided in Government Code § 66499.32.

(Code 1960, § 19.17)

Sec. 62-33. - Unlawful acts declared infraction.

(a)

Any act declared by this chapter to be unlawful shall be an infraction and any person, upon conviction thereof, shall be punishable as provided by section 1-7.

(b)

A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable as provided in this section.

(Code 1960, § 19.19)

Sec. 62-34. - Remedies not barred.

This chapter does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled, and the city or any aggrieved public agency may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this chapter.

(Code 1960, § 19.20)

Sec. 62-35. - Lot line adjustments and voluntary lot mergers.

(a)

The city engineer may approve a lot line adjustment or voluntary lot merger provided that it meets the following criteria:

(1)

The application for the lot line adjustment/voluntary lot merger is complete and includes the necessary information for the city engineer to make his/her determination.

(2)

The resulting parcels conform to the City of Sanger General Plan.

(3)

The resulting parcels conform to the City of Sanger Zoning Ordinance.

(4)

The resulting parcels conform to the City of Sanger Building Ordinance.

(5)

The resulting parcels do not require the relocation or extension of existing utilities such as water, sanitary, sewer, or other utilities.

(6)

The lot line adjustment/voluntary lot merger does not affect existing public easements or rights-of-way.

(7)

The number of parcels involved is four or fewer existing adjoining parcels and a greater number of parcels then originally existing will not be created by the adjustment or merger.

(8)

In the case of a voluntary lot merger, the parcels are contiguous and under common ownership. The city shall approve the merger by the recordation of an instrument entitled "Notice of Voluntary Merger" which states the contained proposed merged parcels' legal descriptions now constitute one parcel.

(b)

The city engineer shall file certificates of compliance with the County of Fresno Recorder's Office for each of the adjusted parcels upon perfection of the lot line adjustment by the applicant.

(Ord. No. 1148, § 1, 8-7-14)

Secs. 62-36—62-55. - Reserved. ARTICLE III. - MAPS DIVISION 1. - GENERALLY

Secs. 62-56—62-65. - Reserved. DIVISION 2. - TENTATIVE MAPS

Sec. 62-66. - Preparation and processing procedure requirements.

The tentative map for which approval is sought for any subdivision which requires a final or parcel map shall be prepared and processed in accordance with the provisions of the map act and this chapter.

(Code 1960, § 19.31)

Sec. 62-67. - Form.

The tentative map shall be clearly and legibly drawn on one or more 18 by 26 inch sheets at a scale of not less than 100 feet to the inch. If more than one sheet is required, the total number of sheets comprising the tentative map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown. When more than three sheets are used, an index shall show the entire subdivision (see section 62-95).

(Code 1960, § 19.32)

Sec. 62-68. - Information required.

(a)

Specifically. Each tentative map shall contain the following information:

(1)

Number of proposed subdivision map as secured from the county recorder's office preceded by the word "tentative" and date of preparation, or the number of the proposed parcel map as secured from the city planning department preceded by the word "tentative" and date of preparation.

(2)

Name and address of record owner or owners.

(3)

Name and address of registered engineer or land surveyor preparing the map and his registration number.

(4)

The name and address of the subdivider.

(5)

Sufficient description to define the location and boundaries of the proposed subdivision and its relation to existing, adjacent subdivision maps, north point, scale and approximate acreage.

(6)

The boundary of the proposed subdivision as delineated by a heavy border.

(7)

The name, location and width of adjacent streets and alleys.

(8)

The location, names and width of proposed streets and alleys within the boundary of the proposed subdivision.

(9)

Lot or parcel layout and approximate dimensions of each lot or parcel.

(10)

Lots or parcels shall be numbered consecutively.

(11)

Topographic contours (one-foot minimum contour interval).

(12)

Proposed direction of drainage flow in streets and alleys.

(13)

Boundaries of areas subject to inundation or stormwater overflow and the locations, width and direction of flow of all watercourses, drainage channels and existing drainage structures.

(14)

All physical structures including, but not limited to, buildings, trees, fences, curbs and gutters, sidewalks, power poles, etc., shall be shown on the property being subdivided; such structures shall be dimensioned and accurately located by dimension in relation to lot or parcel lines or boundary lines of the proposed subdivision.

(15)

The existing use of all buildings located on the proposed subdivision and other uses of the property.

(16)

Zoning district proposed subdivision lies within.

(17)

Land use designation as shown on land use element of the general plan.

(18)

Assessor's parcel number.

(19)

Proposed method of water supply.

(20)

Proposed method of sewage and sewage disposal.

(21)

Proposed public area, if any.

(22)

Proposed method of storm drainage disposal.

(23)

The width and location of all existing and proposed public or private easements.

(24)

The location, size, and description of any underground facilities such as wells, pipelines, telephone lines, septic tanks, etc.

(25)

Radius of each curve.

(26)

Statement of improvements and utilities proposed to be made or installed.

(27)

Show all dedications and irrevocable offers of dedication on the tentative map or to be made by separate instrument.

(28)

Description of how the design of the tentative map has, to the extent feasible, provided for future passive or natural heating or cooling opportunities as imposed by Government Code § 66473.1.

(b)

Other requirements. Such of the information specified in subsection (a) of this section as may not practically be shown on the map shall be contained in a statement accompanying the tentative map.

(Code 1960, § 19.33)