Article 14-05

GENERAL PROVISIONS

Sections:

This Chapter is adopted to supplement and implement the State Subdivision Map Act, as contained in Title 7, Division 2 (commencing with Section 66410) of the Government Code. This Chapter may be cited as the Subdivision Ordinance of the City. (Ord. No. 398, § 1(Att.), 12-20-2023)

The purposes of this Chapter shall be to promote and protect the public health, safety, and general welfare, including the following more specific purposes:

(a) To regulate and control the division of land and the development of single undivided sites within the City.

(b) To implement and supplement the provisions of the State Subdivision Map Act with respect to the design and improvement of subdivisions, the form and content of maps, and the procedures to be followed in securing approval by the City of such maps.

(c) To promote orderly growth and development, preservation of open space, and proper use of land.

(d) To provide for adequate services and public facilities and proper traffic circulation.

(e) To implement the goals and policies of the City's General Plan and any applicable specific plan. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Nothing contained in this Chapter, nor any act or forbearance done or permitted hereunder, shall waive or relieve compliance with any other ordinance of the City. Neither final map approval shall be granted for any lot, site or subdivision which is not in conformity with the Zoning Ordinance as contained in Chap-

ter 15 of this Code, or which has been or is created in violation of such Zoning Ordinance, or which is not consistent with the General Plan or any applicable specific plan, or for any intended use which would not be in conformity with the district regulations in which said lot, site or subdivision lies at the time of final approval.

(b) The advisory agency may, but need not, tentatively approve a map for lot sizes or uses contrary to existing zoning regulations governing the lot, site or subdivision, in contemplation of a change in zoning regulations to make such lots or uses conform therewith, but only after recommending such change to the City Council after public hearing thereon in accord with the Zoning Ordinance, and so long as it is still consistent with the General Plan and any applicable specific plan. Any such tentative approval shall be at the sole risk of the subdivider or owner, and shall not become binding on the City for any purpose unless and until such change in zoning regulations is legally and finally adopted.

(c) Any approval required under this Chapter shall be conditioned upon compliance with all applicable City ordinances, regulations, and policies, including without limitation all applicable mitigation measures adopted in connection with environmental review of the proposed project or applicable plans.

(Ord. No. 398, § 1(Att.), 12-20-2023; Ord. No. 399, § 1(Att. 1), 4-3-2024)

(a) The Planning Commission is hereby designated as the advisory agency for all decisions and determinations under this Chapter.

(b) There is hereby delegated to the Planning Commission the power to approve, conditionally approve or disapprove tentative maps, together with extensions and modifications thereof, the power to determine consistency or lack of consistency of a proposed tentative map with the General Plan and any applicable specific plan, and without limiting the foregoing, the power to make the determinations prescribed in Sections 66473.5, 66474, and 66474.6 of the Subdivision Map Act. (Ord. No. 398, § 1(Att.), 12-20-2023)

Each applicant for any approval or other action pursuant to this Chapter shall pay to the City such fees and deposits as established from time to time by reso-

(Saratoga Supp. No. 54, 7-24)

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lution of the City Council, at the times required by such resolutions or if not so specified, at the time or times determined by the Community Development Director. The Community Development Director shall maintain and make available to the public a checklist of applicable fees and the required times for paying each. The applicant shall also pay to the City, at such time as specified by the Community Development Director any fees and costs as may be charged by other public agencies for the review of any application, drawing, plan, or other document submitted pursuant to this Chapter which is furnished by the City to such other agencies for comment or approval. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The approval of any application pursuant to this Chapter shall be subject to a condition that the applicant shall, upon the City's request, defend, indemnify, and hold the City and its officers, officials, boards, commissions, employees, and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul the approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs and defend the action in good faith.

(b) Whenever an approval granted pursuant to this Chapter authorizes or requires any construction, installation, alteration, or grading work to be performed, whether on public or private property, the applicant shall furnish to the City:

(1) A written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, and volunteers harmless from and against any and all claims, demands, actions, expenses, or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration, or grading work by the applicant or by anyone acting on the applicant's behalf; and

coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council.

(Ord. No. 398, § 1(Att.), 12-20-2023)

This Chapter shall not apply to any of the following:

(a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home or trailer parks, or the financing or leasing of existing separate commercial or industrial buildings on a single site.

(b) Mineral, oil, or gas leases.

(c) Land dedicated for cemetery purposes under the State Health and Safety Code.

(d) The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 of the Subdivision Map Act or an accessory dwelling unit, as defined in Chapter 15, but this Chapter shall be applicable to the sale or other transfer of ownership of such units where the sale or transfer does not include the entire site.

(e) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as 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).

(f) Any division, conveyance, development, financing, or leasing of land by the City.

(g) Land conveyed to or from a governmental agency, public entity (other than the City) or public utility, or land conveyed to a subsidiary of a public utility for conveyance to such public utility for rightsof-way, unless it is determined by the Community Development Director that the public interest or public policy requires the application of this Chapter to such conveyance.

(h) Any other division of land excluded pursuant to the Subdivision Map Act.

(Ord. No. 398, § 1(Att.), 12-20-2023)

(2) When required as a condition of the approval, a policy or policies of liability and other insurance

(Saratoga Supp. No. 54, 7-24)

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