Chapter 16.04 — GENERAL PROVISIONS

This title is enacted pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, referred to herein as the Subdivision Map Act. (Ord. 2017-01 (part), 2017: prior code § 9000)

A. The subdivision ordinance is adopted to preserve, protect and promote the public health, safety, and general welfare. More specifically, the subdivision ordinance is adopted in order to achieve the following objectives:

1. To aid in the implementation of the general plan of the city, and elements thereof, as adopted by the City Council;

2. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

3. To provide streets of adequate capacity for the anticipated traffic that would utilize them and to ensure that they are designed to promote a safe vehicular and pedestrian traffic circulation system;

4. To accommodate new development in a manner that will preserve and enhance the city's living environment and create new beauty through skilled subdivision design;

5. To provide for water supply, sewage disposal, storm drainage, solid waste collection and other utilities and facilities that are required by conditions of an urban environment;

6. To ensure that the costs of providing rights-of-way, street improvements, utilities and public areas and facilities needed to service new developments are borne fairly and equitably by the subdivider rather than by property owners of the city at large.

B. The subdivision ordinance is enacted for the purpose of regulating subdivision of land in accordance with the Subdivision Map Act of the state of California and any future amendments thereto and repeals all other regulations of the city in conflict with this title; provided, however, that such repeal shall not affect any agreement, contract, or bond executed pursuant to such regulations or any rights of action accruing thereunder. The regulations hereinafter in this title contained shall apply to all subdivisions and parcel maps or parts of subdivisions and parcel maps hereafter made entirely or partially within the city. The provisions of this title shall be in addition to and shall be considered as supplemental to the provisions of the Subdivision Map Act of the state of California, as now in effect or hereinafter amended. (Ord. 2017-01 (part), 2017: prior code § 9005)

A. City Attorney. The city attorney shall be responsible for approving as to form all subdivision improvement agreements and subdivision improvements securities.

B. City Council. The City Council shall have final jurisdiction in the approval of final maps if the acceptance of land and improvements is proposed for dedication to the city.

• C. City Engineer. The city engineer or his/her designee shall be responsible for:

1. Establishing design and construction details, standards and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of this title and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the city planner;

3. The processing and checking of final maps, parcel maps, reversion to acreage maps, amended maps, subdivision improvement plans, lot line adjustment maps, mergers and certificates of compliance;

4. The inspection and approval of subdivision improvements;

5. The approval of private improvements (improvements not to be maintained by the city).

• D. Planning Commission. The Planning Commission is the designated official body charged with the duty of conducting public hearings, making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and shall approve, conditionally approve or disapprove maps.

• E. City Planner. The city planner shall be responsible for:

1. Investigating proposed subdivisions and parcel maps for conformity to the general plan, specific plans, and zoning ordinances of the city and reporting his finding together with recommendations for approval, conditional approval, or disapproval to the Planning Commission;

2. Examining and certifying that final maps are in substantial conformance to the approved or conditionally approved tentative map.

F. Site Plan Review Staff. The Site Plan Review Staff shall be responsible for the review of tentative parcel maps, tentative subdivision maps, vesting tentative subdivision maps, and vesting tentative parcel maps and shall provide the subdivider and the Planning Commission with the committee's comments, and requirements for conformance to city ordinances and policies.

G. Subdivider. The subdivider shall prepare maps consistent with the standards contained herein, design public improvements consistent with the public improvement standards of the city, and shall process said maps in accordance with the regulations set forth herein.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 9605 § 32 (part), 1996: prior code § 9010)

A. The subdivider or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the City Council, appeal any decision, determination, or requirement of the Planning Commission by filing a notice thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) days after the action that is the subject of the appeal. Such notice shall state specifically where it is claimed there was an error or abuse of discretion by the Planning Commission.

B. Upon the filing of an appeal, the City Council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal or receipt of council member request. City clerk shall give notice of the hearing according to the procedure required for the initial action by the Planning Commission, except that the timing of such notice shall be no less than ten (10) days before the hearing date.

C. In holding the hearing on the matter, the council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the Planning Commission. In the case of decisions by the Planning Commission that followed a public hearing, the City Council shall hold a new public hearing on the matter.

D. Upon the close of the hearing, the Council shall vote to either confirm the decision of the Planning Commission, overturn the decision, or confirm the decision with modifications, and the Council may continue the item to the next

meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the Council at the next scheduled Council meeting. In the case of tentative maps, the Council may also take any action identified in Section 16.16.120. Planning Commission. (Ord. 2017-01 (part), 2017: Ord. 2010-02 § 1, 2010: Ord. 2006-18 § 2 (part), 2007: prior code § 9015)

A. Petition. The Planning Commission may authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a petition of the subdivider stating fully the ground of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision and shall be on a form provided by the city. The application shall be accompanied by a fee as set forth from time to time by resolution of the City Council.

• B. Findings.

1. In order for the property referred to in the petition to come within the provision of this section, it shall be necessary that the Planning Commission make the following findings:

• a. That there are special circumstances and conditions affecting this property;

• b. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

2. In approving such exceptions the Planning Commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.

3. In approving any exception under the provisions of this section, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and conditions designated. (Ord. 2017-01 (part), 2017: prior code § 9020)

Subdivided real property may be merged or reverted to acreage pursuant to provisions of Chapter 6, Article 1 of the state Subdivision Map Act. (Ord. 2017-01 (part), 2017: prior code § 9315)

Any eligible person may apply for a certificate of compliance pursuant to the provisions of Section 66499.34 of the Government Code of the state of California. (Ord. 2017-01 (part), 2017: prior code § 9320)

Where, in accordance with provisions of the zoning ordinance, a use permit has been granted authorizing a planned unit development on the land or a portion of the land proposed to be subdivided, the plan of the subdivision shall conform with the plan of the planned unit development as approved by the Planning Commission and City Council. Exceptions to the subdivision regulations that are necessary to execute the planned unit development as approved by the Planning Commission and City Council may be authorized by the Planning Commission in accordance with the provisions of Section 16.04.050. (Ord. 2017-01 (part), 2017: prior code § 9325)

A. In considering the approval or the conditions of approval of a parcel map or subdivision map, as those terms are defined in the Subdivision Map Act, the City Council or the Planning Commission may require the reservation or dedication of school sites in a manner that is consistent with the provisions of Government Code sections 66478 and 66479, provided that the council or the commission, as the case may be, is able to determine that the conditions enumerated in those sections, as they may from time to time be amended, are applicable to the proposed subdivision map or parcel map.

B. The planning director, in cooperation with the official designated by the Visalia Unified School District, shall develop and keep in place a policy establishing the manner in which this section shall be implemented by the City Planner and his or her designees. Such policy shall be established at the discretion of the City Planner, provided the policy is consistent with the Government Code sections 66478 and 66479. (Ord. 2017-01 (part), 2017: Ord. 2006-01 § 5, 2006)

Any person, firm, corporation, partnership, or co-partnership who willfully violates any of the provisions or fails to comply with any of the mandatory requirements of this title is guilty of a misdemeanor, pursuant to the provisions of Chapter 7, Article 1 of the Subdivision Map Act. (Ord. 2017-01 (part), 2017: prior code § 9030)

All ordinances and parts of ordinances of the city, in conflict herewith to the extent of such conflict and not further, are hereby repealed. (Ord. 2017-01 (part), 2017: prior code § 9035) 16.04.110

If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this title. The City Council declares that it would have passed this title in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 2017-01 (part), 2017: prior code § 9025)