Chapter 16.04 — GENERAL PROVISIONS

This chapter shall be known and cited as the Susanville subdivision ordinance. (Prior code § 21.1)

The planning commission of the city is empowered and given the duty to investigate the design, layout and other features of proposed maps and approve with or without conditions or deny proposed tentative maps. (Prior code § 21.2)

Prior to the subdivision of any land in the city the subdivider thereof shall conform to and comply with the requirements, rules and regulations of this title. (Prior code § 21.3)

Before the transmission of any map to the council for approval, approved permanent monuments shall be set at the locations indicated on the map and in conformity with the specifications of the director of public works. Monuments shall be installed at street intersections, between street intersections where necessary to preserve the street alignment, the angle points along the exterior boundaries where necessary, and at all lot corners. (Prior code § 21.11)

• A. 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 thereof as in its opinion is reasonably necessary or expedient and in conformity with the spirit and purpose of the map act and of this title. Each such proposed modification shall be referred to the officer or

department under whose particular jurisdiction the regulation involved comes, and such officer or department shall transmit to the planning commission his, her or its written recommendations on each such proposed modification and the facts supporting such recommendation. Such recommendation shall be reviewed by the planning commission and in case such modification is made by the planning commission, a copy of the recommendation shall be transmitted to the city council with the final subdivision map.

• B. In addition to the foregoing minimum improvements, the planning commission may recommend, and the city council, when in its judgment a necessity exists for such improvement, may require, curbs, gutters and sidewalks in the whole or part of such subdivision where indicated by local needs and the character of the subdivision.

(Prior code § 21.12)

• A. An application for a lot line adjustment shall be submitted to the city community development department on the application form provided by the city. A lot line adjustment application shall include the required map(s) and other information as identified on the application form provided by the city, together with any application processing fee as may be established by the city council.

• B. The community development director and city engineer shall be responsible for reviewing lot line adjustment applications. The community development director shall be responsible for acting on lot line adjustment applications. Conditions may be imposed upon a lot line adjustment to ensure conformity with city zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure or easements. The decision of the community development director may be appealed to the planning commission as provided for elsewhere in this code.

• C. The following finding shall be made at the time of approval of a lot line adjustment application: The proposed lot line adjustment, as approved by the city, is in conformance with city zoning and building ordinances and the Subdivision Map Act.

• D. The community development director and city engineer may establish administrative procedures for the review and processing of lot line adjustment applications as necessary to implement the requirements of this title.

• (Prior code § 21.52)

Any person violating any of the provisions of this title shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $300, or by imprisonment in the County Jail, for a term not exceeding three months, or by both fine and imprisonment.

The enforcement procedures and remedies set forth in this chapter are not intended to be exclusive but are in addition to any other prohibitions, penalties, remedies and other procedures provided for in this title, the Subdivision Map Act (SMA), or any other provision of law. (Ord. 20-1026 § 1, 2020)

Whenever the city has knowledge that real property has been divided, potentially in violation of the provisions of this title or of the provisions of the SMA, the procedures and actions pertaining to

owner notification, meetings, clearance letter, or recording of a notice of violation shall be followed in accordance with SMA Section 66499.36. (Ord. 20-1026 § 1, 2020)

A "certificate of compliance" is a document issued by the city engineer suitable for recordation with the Lassen County recorder's office stating, with or without conditions, that a certain lot or lots described therein complies with the provisions of this title and the intent of the SMA and is a lawfully existing lot or lots, given the year of applicability for lot creation as defined in the SMA (or as determined at the time of creation of the parcel or parcels in question). Any person owning real property within the city of Susanville may request a determination of whether such real property complies with the provisions of this title and the Subdivision Map Act. A certificate of compliance may be obtained pursuant to SMA Section 66499.35 and the following procedures:

• A. Application for a certificate of compliance shall be made to the planning department and shall contain the following information:

  1. Written statement explaining property history and justification for legal-parcel status.

  2. An eight and one-half-inch by 11 inch map exhibit of the property drawn to scale that includes the following information: street address(es) if any, assessor's parcel number, abutting streets, existing property lines and dimensions, lot area in square feet or acres, existing easements (recorded or otherwise), location of all structures and distances to existing property lines, encroachment upon adjacent properties, mineral rights, entitlements, liens, claims or other restrictions, off-street parking areas and driveways, title block, north arrow, and date of preparation.

  3. Written legal description of the subject parcel typed on standard eight-and-one-half-inch by 11 inch paper and wet-signed and stamped by a licensed land surveyor, or civil engineer licensed prior to January 1, 1982.

  4. A preliminary title report prepared by a licensed title insurance company, no older than 30 days of the date of application.

  5. Copy of all deeds, easements, surveys et cetera, recorded or otherwise in the chain of title from the title insurance company not more than 45 days old, listing grantor-grantee with recording date and document number in ascending chronological order from the date the parcel was created until the current vesting date.

  6. Other information and documentation as determined necessary by the city engineer for a particular property.

  7. Application processing fee and deposit, as determined necessary.

• B. Upon examination of the application, the community development or planning director, or designee, shall, within 30 days, either accept the application as complete for processing, or advise the applicant of any deficiencies in writing.

• C. Upon acceptance as complete, the application will be reviewed by the city engineer to determine whether the subject property complies with the provisions of this chapter and the Subdivision Map Act.

• D. Upon making a positive determination, the city engineer shall cause a certificate of compliance to be filed for recordation with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land which created the subject parcel complies with applicable provisions of the city of Susanville Code and the Subdivision Map Act.

• E. If the city engineer determines that such real property does not comply with the provisions of the municipal code or Subdivision Map Act, he or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which has been established at such time by ordinance. Upon making such a determination and establishing such conditions the city engineer shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner 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 the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for 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.

• F. A recorded final or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

• G. Certificate of compliance shall serve only to officially determine whether the subject parcel(s) conforms to the requirements of the Subdivision Map Act and this title and do not grant any right to develop the parcel.

• H. Each application for a sign permit shall be accompanied by payment of the applicable fees, which shall be established by resolution of the city council.

• I. If the applicant is not satisfied with any conditions placed on the conditional certificate, he or she may, within 15 days after such action, appeal in writing to the planning commission. The planning commission shall hold a public hearing on said appeal and shall render its decision thereon within 60 days of the filing of the appeal. Any appeal hearing shall allow reconsideration of all aspects of a project (de novo), and shall not be limited strictly to the subject of the appeal.

• (Ord. 20-1026 § 1, 2020)