St. Helena Municipal Code Ch. 16.04 General Provisions and Definitions

Sections:

This title is adopted to supplement and implement the state Subdivision Map Act and may be cited as the subdivision ordinance of the city. The provisions of this chapter which are mandated by the state Subdivision Map Act are subject to change without notice or action by the city in the event the State Legislature amends such Act. (Prior code § 25.1)

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 state Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the state Subdivision Map Act and the procedure to be followed in securing the official approval of the city regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be those reasonably necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth, development, open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services. (Prior code § 25.2)

A. No land may be subdivided or developed for a purpose which is inconsistent with the city’s general plan, any applicable specific plan, the zoning ordinance, or other applicable provisions of this code.

B. The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the state Subdivision Map Act and the requirements of this title, the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.

C. The city may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate facilities and services, and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of facilities and services shall be determined in accord with: (1) the planned long-term build-out of the community as provided in capital improvements programs in which facilities are actually available or funded; and (2) the general plan elements in effect at the time of considering the application. (Prior code § 25.3)

The regulations set forth in this title shall apply to all subdivisions or parts thereof for the city and to the preparation of subdivision maps and to all other maps provided for by the state Subdivision Map Act or this title. (Prior code § 25.4)

The city planning commission, hereinafter referred to as the planning commission, is designated as the advisory agency, as that term is used in the state Subdivision Map Act, for subdivisions, and shall have all the powers and duties with respect to subdivision maps and the procedures relating thereto which are specified by state law or by this title. (Prior code § 25.5)

No final map or parcel map required by this title shall be filed with the city without the written consent of all parties having any record title interest in the real property proposed to be subdivided. (Prior code § 25.6)

A. The city council may waive or modify any of the requirements and regulations set forth in this title. Application for any such waivers or modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative or tentative parcel map application. In order for the property referred to in the application to come within the provisions of this section, the city council shall find that the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated, and that:

1. There are special circumstances or conditions affecting the property;

2. The waiver or modification will improve the overall subdivision design; or

3. The property is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to comply fully.

B. In approving waivers or modifications, lots which are in conflict with the zoning ordinance shall not be created.

C. The city council or planning commission shall specifically and fully set forth the modification and the conditions designated.

D. In all cases in which such modifications are authorized, the city council shall require such evidence as it deems necessary that the conditions required in connection with such modifications are being complied with. (Prior code § 25.7)

Subdivisions are projects subject to environmental review in accordance with the California Environmental Quality Act, state guidelines, this code and the implementing rules and procedures adopted by the city council. (Prior code § 25.8)

A. No application, map, appeal or other requests for city action shall be considered filed pursuant to this title without payment of the established fee or a deposit estimated to cover all of city’s costs as based upon the rates set by resolution of the city council, whichever is applicable, unless the fees and/or deposits have been waived by action of the city council or planning commission; the applicant is a public entity exempted from payment of such fees; or the appellant is the planning director or a member of the city council or planning commission.

B. The planning director may prescribe various application and appeal forms and if made available to the public, all applications and appeals shall be made on such forms. (Prior code § 25.9)

Whenever a public hearing is required by this title, notice of such public hearing shall be given by the city pursuant to Government Code Section 66451.3. The planning director may give such additional notice as he or she deems advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this title. (Prior code § 25.10)

Except as may be limited by state law, any time limits specified by law may be extended by mutual consent of the subdivider and the city. (Prior code § 25.11)

All applicants for tentative maps and tentative parcel maps shall concurrently submit applications for all other discretionary approvals, including but not limited to, conditional use permits, variances, rezonings, and general plan amendments. (Prior code § 25.12)

Definitions hereinafter set forth shall be supplementary to the definitions contained in the state Subdivision Map Act. For the purposes of this title and the state Subdivision Map Act, the following words and phrases shall be construed as defined in this section.

“Conceptual map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision of twenty (20) or more lots, filed with the planning department prior to the preparation and filing of an application for tentative map approval. Such map may but need not be based upon an accurate and detailed field survey of the property.

“Day” is the period of time between any midnight and midnight following. The time in which any act provided by this title is to be performed is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. If city offices are closed for the whole of any day, that day shall be considered a holiday. When this title prescribes filing deadlines, all acts necessary to complete filing must be completed no later than five p.m. of the last day or such earlier time as city offices may officially close for the day.

“Design” means:

1. Street alignments, grades, and widths;

2. Drainage, water, sewer and sanitary facilities and utilities, including alignments and grades;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and fire breaks;

5. Lot size and configuration;

6. Vehicular, pedestrian and bicycle traffic access;

7. Grading;

8. Land to be dedicated for park or 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 or any applicable specific plan.

“Final map” is a map showing a subdivision of five or more parcels for which a tentative and final map are required by the state Subdivision Map Act or this title and prepared in accordance with this title and the state Subdivision Map Act.

“Improvement” means streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, and landscaping to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and for acceptance of the final map thereof. “Improvement” also means other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the city, is necessary to ensure consistency with or implementation of the general plan or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

“Lot” is a parcel of land, or a condominium, stock cooperative or community apartment unit which has been created under the provisions of the state Subdivision Map Act or any prior law regulating the division of land or local ordinance enacted pursuant thereto or was created prior to the time any local or state law regulated such division.

“Lot line adjustment” is a reorientation of an existing lot line between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created.

“Parcel map” is a map showing a subdivision of four or less parcels as required by this chapter and the state Subdivision Map Act and prepared in accordance with this title and the state Subdivision Map Act.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for oneself or for others.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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 easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative as defined in subdivision (m) of Section 1351 of the Civil Code. “Subdivision” does not include those projects excluded by Government Code Sections 66426.5 and 66412-66412.7.

“Tentative map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a final map, and the existing conditions in and around it.

“Tentative parcel map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a parcel map, and the existing conditions in and around it.

“Vesting tentative map” is a tentative or tentative parcel map that has printed conspicuously on its face at time of submittal the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map.” (Ord. 02-1 §§ 1, 2; prior code §§ 25.17—25.30)

Compliance with the appropriate provisions of this title is a condition precedent to the issuance of a building permit, zoning permit, use permit, variance permit, or any other land use approval by any person authorized to issue such permits or authorizations for the city. Any such permit or authorization issued without such prior compliance shall render the permit or authorization void. (Prior code § 25.160)

A. No person shall sell, lease, finance, convey, transfer or gift any parcel or parcels of real property or commence construction of any building for sale, lease, financing, conveyance, transfer or gift thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this title, or the state Subdivision Map Act, until such map, in full compliance with the provisions of this title and the state Subdivision Map Act, has been filed with the county recorder for record. However, nothing herein shall be deemed to prohibit an offer or contract to sell, lease, finance or otherwise transfer or convey real property or to construct improvements thereon where the offer or construction is expressly conditioned upon the filing of a final or parcel map, as required by this title.

B. Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the county recorder.

C. This section does not apply to any parcel or parcels of a subdivision sold, leased, conveyed or transferred in compliance with or exempt from all laws and ordinances regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (Prior code § 25.161)

A. A violation of this title is a public nuisance. In addition to any penalties provided in this code, such nuisance may be abated by the city and the city may also employ any legal, equitable or summary remedy to which it is entitled including, without limitation, those remedies set forth in the state Subdivision Map Act.

B. The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the state Subdivision Map Act or this title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

C. If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Section 16.04.170, only those conditions stipulated in that certificate shall be applicable. (Prior code § 25.162)

A. Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property, may request in writing, that the planning director make a determination whether such real property does or does not comply with the provisions of the state Subdivision Map Act and this chapter. The property owner or vendee shall be entitled to present any facts or documents to the planning director. If a determination of compliance is made the planning director shall cause a certificate of compliance to be filed with the county recorder.

B. If the planning director determines that such real property does not comply with the provisions of this title or state Subdivision Map Act, or wishes to refer the decision to the planning commission, the planning director shall set the issue for hearing before the planning commission.

1. If a determination of compliance is made by the planning commission, the planning director shall cause a certificate of compliance to be filed with the county recorder.

2. If the planning commission determines that such real property does not comply with this title or the state Subdivision Map Act, the planning commission shall issue a conditional certificate of compliance. The planning commission may, as a condition to granting a conditional certificate of compliance, impose conditions in accordance with Section 16.04.160(C). Upon the planning commission making such a determination and establishing such conditions, the planning director shall issue a conditional certificate of compliance which shall be filed with the county recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that fulfillment and implementation of the conditions set forth in the certificate shall be required prior to the subsequent issuance of a permit or other grant or approval for the development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city.

C. A final map or parcel map filed for record shall constitute a certificate of compliance with respect to the lots created therein. (Ord. 02-1 § 16; prior code § 25.163)

If the planning department has knowledge that real property has been divided in violation of the provisions of the state Subdivision Map Act or this title, a notice of intention to record a notice of violation shall be mailed by the department by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Section 66412.6 (a) and (b) of the state Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the planning director and city attorney why a notice of violation should not be recorded.

The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing of the notice of intention to record a notice of violation. If, within fifteen (15) days of receipt of the notice, the owner fails to file with the department a written objection to recording the notice of violation, the department shall file the notice of violation for record with the county recorder. If, after the owner has presented evidence, staff determines that there has been no violation, the department shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, staff determines that the property has in fact been illegally divided, the department shall record the notice of violation for record with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Prior code § 25.164)

A violation of this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000.00), or by both that fine and imprisonment. Every other violation of this chapter is a misdemeanor. (Prior code § 25.165)