§ 17.04

(a)

The purpose of this title and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate any division of land within the city. The further purpose of this title is to bring into reality the proposals of the general plan and to accomplish the following:

(1)

To promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people;

(2)

To govern the subdivision of land into lots and blocks for such uses as are indicated in the general plan;

(3)

To insure sound community growth and safeguard the interest of the subdivider, homeowner and the city;

(4)

To prevent excessive government operating and maintenance costs in connection with the installation of improvements;

(5)

To develop land for its highest possible use consistent with the general plan with all necessary protection against deterioration and obsolescence;

(6)

To employ standards that are reasonable and equitable to all parties, including the developer, investor, homeowner and the city;

(7)

To insure that community facilities will be provided in accordance with the general plan, including police and fire protection and adequate provisions of water supply, sanitary and storm sewers and schools, parks and recreation areas;

(8)

To encourage the safe, convenient and expeditious movement of vehicular and pedestrian traffic;

(9)

To define and limit the powers and duties of the administrative officers and bodies in connection with the preparation and filing of maps and plans as provided in this title.

(b)

The ordinance codified in this title is enacted pursuant to Cal Const. Art. 11, Sect. 2. The provisions of this title are to supplement and implement Division 2, Title 7, of the Government Code of the state of California, said Division 2 to be cited as the Subdivision Map Act. Where, in any case, this title is not in conformity with the Subdivision Map Act, the Subdivision Map Act shall take precedence.

(Ord. 2216 § 1 (part), 2007; Ord. 999 § 1 (part), 1985)

This title shall be inapplicable to subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred square feet and other exceptions as stated by Sections 66412, 66412.1 and 66412.2 of the Subdivision Map Act.

(Ord. 999 § 1 (part), 1985)

17.04.040 - Requirements for map approval.

(a)

The city council or planning commission, to the extent the commission is authorized by Section 17.20.030 of this title and the Subdivision Map Act, shall disapprove a map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act, this title and Title 18 of this code. In the case of a tentative map for which a final map is required, such map shall not be disapproved based upon a technical and inadvertent error which, in the determination of the planning commission, does not materially affect the validity of the map.

(b)

The city council or planning commission, to the extent the commission is authorized by Section 17.20.030 of this title and the Subdivision Map Act, shall not approve a tentative map or a parcel map for which a tentative map was not required, unless it has been found that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan or any applicable specific plan. A proposed subdivision shall be consistent with the general plan or specific plan only if the city council has officially adopted such a plan and the

proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

(c)

The city council or planning commission, to the extent the commission is authorized by Section 17.20.030 of this title and the Subdivision Map Act, shall deny approval of a tentative map or a parcel map for which a tentative map was not required, if it makes any of the following findings:

(1)

That the proposed map is not consistent with the applicable general and specific plans as specified by Section 65451 of the Subdivision Map Act;

(2)

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

(3)

That the site is not physically suitable for the type of development;

(4)

That the site is not physically suitable for the proposed density of development;

(5)

That the design of the subdivision of the proposed improvements are likely to cause substantial environmental danger or substantially and avoidably injure fish or wildlife or their habitat;

(6)

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

(7)

That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

In this connection, the city council or the planning commission, to the extent the commission is authorized by Section 17.20.030 of this title and the Subdivision Map Act, may approve a map if it finds that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the planning commission or the city council to determine that the public at large has acquired easements for access to or use of property within the proposed subdivision.

(d)

The city council shall not deny approval of a final subdivision or parcel map pursuant to Section 66474 of the Government Code if the planning commission has previously approved the tentative map for the proposed

subdivision and the approval has not expired and if the city council finds that the final or parcel map is in substantial compliance with the previously approved tentative map.

(e)

(1)

In determining whether to approve or disapprove an application for a tentative map, the planning commission shall apply only those ordinances, policies and standards in effect at the date the planning commission has determined that the application is complete pursuant to Section 65943 of the Government Code. However, if the planning commission has formally initiated proceedings by way of ordinance or resolution and published notice of such ordinance or resolution, in accord with the procedures used by the planning commission for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the planning commission may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the planning commission approves or disapproves the tentative map. If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

(2)

This section shall remain in effect only until January 1, 1989, and as of that date is repealed, unless a later enacted statute, which is chaptered before January 1, 1989, deletes or extends that date.

(f)

The city council shall not approve a final subdivision map for any land project as defined in Section 11000.5 of the Business and Professions Code unless:

(1)

The city council has adopted a specific plan covering the area proposed to be included within the land project;

(2)

The city council finds that the proposed land project together with the provisions for its design and improvement is consistent with the specific plan for the area.

This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969.

(g)

The city engineer shall report to the planning commission as to the estimated discharge of waste from the proposed subdivision into an existing community sewer system and the estimated or measured flow in the system and the capacity thereof and any other factors which may be pertinent to provisions required for the discharge. The planning commission shall cause to be determined whether the discharge of waste from the proposed subdivision will result in a violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the planning commission finds that the proposed waste discharge would result in or add to violation of requirements of such water quality control board, it may disapprove the tentative map or maps of the subdivision.

(Ord. 2216 § 1 (part), 2007; Ord. 999 § 1 (part), 1985)

Chapter 17.08 - DEFINITIONS*

Sections: