§ 16.04

This title is adopted pursuant to the provisions of the Subdivision Map Act of the state, found in Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and may be cited as the "Subdivision Ordinance of the City of Soledad".

(Amended during 1986 codification; prior code Appx. B §§ 1,34)

A.

"Subdivision Map Act" means the Subdivision Map Act of the state of California. Whenever any words or phrases as used in this title are not defined herein but are found in the Subdivision Map Act, such definitions are incorporated herein and shall be deemed to apply as though specifically set forth in this title.

B.

As used in this title, the following words and phrases shall have the following meanings:

1.

"Arterial street" means any street which carries traffic between different areas of the city, and traffic entering from collector streets.

2.

"Average lot depth" means the sum of the length of the two side lines of the lot divided by two.

3.

"City street" means any street, avenue, etc. accepted by the city council.

"Collector street" means a street which collects traffic from a subdivision or area to an arterial street (sometimes referred to a as a secondary street).

5.

"Design" refers to street alignment, grades and widths, alignment and widths of easements and rights-ofway for drainage and utilities, park or recreation sites, and lot area, width, depth and shape and pattern as required in this title.

6.

"Easement" means an easement dedicated to and accepted by the city, which shall be continuing and irrevocable unless formally abandoned by the city.

7.

"Expressway" means a street of general city-county importance, which is a limited-access street carrying major traffic through several areas.

8.

"Final map" refers to a map prepared in accordance with this title, which is designed to be placed on record with the county recorder of the county of Monterey.

9.

"Front lot line" means in the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.

10.

"Improvement" refers to such street work, drainage needs and utilities, parks, landscaping, recreation sites or other improvements to be installed, or agreed to be installed by the subdivider on the land to be used for public streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and the surrounding area as a condition precedent to approval and acceptance of the final map thereof.

11.

"Local street" means that which is used primarily for access to abutting properties.

12.

"Lot" means a parcel of land established, or to be established, by the standard subdivision procedure or minor subdivision procedure, as provided in this title.

13.

"Lot depth" means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

14.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth, at the required front setback line.

15.

"Minor subdivision" means any division of land into four or less lots or parcels by use of a parcel map or other divisions requiring the use of the parcel map as indicated in subsection Q of this section.

16.

"Owner" means the individual, firm, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the ordinance.

17.

"Parcel map" refers to a map showing the division of land as described in the following cases:

a.

Any parcel or parcels of land which is divided into four or less parcels;

b.

The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street and no dedications or improvements are required;

c.

Any parcel or parcels of land divided into lots or parcels, each of a gross area of twenty acres or more, and each of which has an approved access to a maintained public street;

d.

Any parcel or parcels of land divided into lots or parcels, each of which is forty acres or more;

e.

Any parcel or parcels of land having approved access to a public street which comprises part of a tract of land zoned for industrial development and which has the approval of the governing body as to street alignments and widths; provided, however, that the planning commission may require the filing of a standard subdivision on such industrially zoned land where it deems it in the public interest and approved and filed in accordance with law under the standard subdivision procedure.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or gore-shaped lot, a line within the lot, parallel to and at the maximum distance from the front lot line, having a length of at least ten feet.

19.

"Side lot line" means any lot boundary line not a front lot line or a rear lot line.

20.

"Standard subdivision" means any map prepared, filed and approved in accordance with the state law and Chapters 16.08 and 16.16.

21.

"Subdivider" means a person, firm, corporation, partnership or association who causes land to be subdivided into any amount of parcels.

22.

"Subdivision" means any real property, improved or unimproved, or portion thereof, shown on the latest adopted county tax roll as a unit or as contiguous units, which is divided for the purpose of sale, lease, transfer or financing, including condominiums or similar projects whether immediate or future, by any person, firm or corporation or their assigns within any period. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. The following, however, are not subdivisions within the meaning of this title:

a.

Leasing of industrial buildings, stores, offices, apartments or similar space within buildings or spaces within a trailer park;

b.

Mineral, oil or gas leases, and cemeteries;

c.

Leases of less than ten years which result in division of land into no more than two parcels;

d.

Any division of property for the sole purpose of adjusting property lines between contiguous parcels when no new building site as defined by the zoning ordinance of the city is thereby created and where no building site as defined in the zoning ordinance is thereby rendered made until it has been determined by the planning director that the proposed division meets the requirements of this provision.

23.

"Tentative map" means any map made for the purpose of showing the design of a proposed subdivision or parcel map showing the existing conditions in and around it, prepared as required in this title.

(Prior code Appx. B § 4)

The city council is designated as the advisory agency with respect to subdivisions and final maps. The planning commission is designated as the advisory agency with respect to minor subdivisions as provided in the Subdivision Map Act of the state. The city council and planning commission shall have all the powers and duties with respect to tentative and final maps and the procedures relating to them, which are specified by law and this title.

(Ord. 576 § 2, 2001; Prior code Appx. B § 3)

The city council by resolution may establish a schedule of fees to be paid for the filing and processing of all maps and for other procedures authorized by the Subdivision Map Act or this title.

(Added during 1986 codification)

In addition to the basic processing fee specified in Section 16.04.040, an applicant for subdivision approval under this title shall reimburse the city for all expenses incurred by it in connection with the project, including but not limited to payments for engineering, planning, legal, consulting, and other similar services, and such reimbursement shall be a condition of approval of the tentative or parcel map for the project. At the time the application is filed the applicant shall execute a written agreement, in form satisfactory to the city, providing for such reimbursement and for an advance deposit of funds to be held by the city and applied to the payment of such costs and expenses as the same are incurred.

(Ord. 482 § 1, 1990)

The planning commission, in the case of parcel maps, and the city council, in the case of tentative subdivision maps and final maps, may waive technical and inadvertent error, which does not affect the validity of the map, as provided in Section 66473 of the Government Code of the state.

(Ord. 576 § 2, 2001; Added during 1986 codification)

Chapter 16.08 - TENTATIVE MAPS

Sections:

16.08.010 - Standard subdivision procedure.

A.

This procedure applies to all subdivisions, parts of subdivisions or any division of land, except any division which qualifies as a "minor subdivision."

B.

Prior to the filing of a tentative map of a subdivision a tract number shall be obtained.

C.

Tentative map—data required and design: The initial action in connection with the making of a subdivision shall be the preparation of a tentative map or maps, which shall comply with Chapter 16.24 as to design, and shall include the following data:

1.

A sketch, at a minimum scale of one inch equals one thousand feet, indicating the location of the proposed subdivision in relation to the surrounding area or region;

2.

Name and address of record owner and subdivider;

3.

Name and address of surveyor or engineer, or person who prepared the tentative map;

4.

Date, north point (generally up on the map) and scale. Minimum scale is one inch equals one hundred feet. Minimum map size is eighteen inches by twenty-six inches;

5.

Names of all adjacent subdivisions; location of, names and width of adjacent streets, highways, alleys and ways, together with the type and location of street improvements on them;

6.

The contour of the land, at intervals of not more than two feet if the general slope of the land is less than ten percent or of not more than five feet if the general slope of the land is greater than ten percent;

7.

Sufficient data to define the boundaries of the tract, or a legal description of the tract and blue border on reverse side of map to indicate tract boundaries. Tentative map to show probable units of final map;

8.

Width, approximate location and purpose of all existing and proposed easements;

The width and approximate grade of all streets, highways, alleys and other rights-of-way proposed for dedication or not;

10.

The approximate radii of all curves;

11.

All lots numbered consecutively throughout entire development; the approximate dimensions of all lots; lot areas shall be shown for all lots not rectangular in shape;

12.

The approximate locations of areas subject to inundation by stormwater overflow, and the location, width and direction of flow of all watercourses existing and proposed;

13.

The location and outline to scale of each building or structure within the subdivision, noting thereon whether or not the building or structure is to be removed from or remain in the development of the subdivision, and its future use;

14.

Approximate finished elevation at street intersections;

15.

The location, pipe size and approximate grades of proposed sewers, water line and underground storm drains, including the proposed location of fire hydrants and street lights;

16.

The location of all trees over four inches in diameter (where stands of trees are located individual trees need not be shown, but as a group);

17.

The location of existing fences, wells, cesspools, sewers, culverts, drain pipes, underground structures or sand, gravel or other excavation within two hundred feet of any portion of the subdivision, noting thereon whether they are to be abandoned or used.

(Prior code Appx. B § 13)