Chapter 17.04 — GENERAL PROVISIONS

For the purposes of promoting the public health, safety, convenience and general welfare, the design, improvement and survey data of subdivisions and the form and content of tentative, record of survey and final maps thereof, shall be governed by the provisions of the Subdivision Map Act and the Land Surveyors Act, now embodied in Chapters 1 through 7, Division 2, Part 7 of the Government Code of the state, adopted by legislature of the state, and by the additional provisions of this title.

(Ord. 227-80 §1, 1981: Ord. 43-62 §1.10, 1963).

The ordinance codified in this title shall be known as the subdivision ordinance of the city.

(Ord. 43-62 §8.00, 1963).

No building shall be constructed nor shall a permit for the construction of a building be issued, nor shall any land to be used or a zoning permit be issued on any parcel not conforming to this title.

(Ord. 43—62 §6.90, 1963).

Whether the standard subdivision, or minor subdivision or record of survey procedure shall be used in subdividing property shall be determined as follows:

A.

For any subdivision of land into four or fewer lots or parcels, the minor subdivision procedure shall be used.

B.

For any subdivision of land into five or more lots or parcels, the standard subdivision procedure shall be used.

C.

In all cases above where this title makes no requirement for the filing of maps, approvals of making improvements, the owner of any property may file a record of survey map if he chooses to do so pursuant to Chapter 15 of the Surveyors Act.

(Ord. 43-62 §§4.10-4.13, 1963).

This title shall not apply to any parcel not conforming to the provisions of this title for which a deed is of record or for which a contract of sale is in full force and effect, recorded prior to the effective date of the ordinance codified in this title, nor to any land dedicated for cemetery purposes under the Health and Safety Code of the state.

(Ord. 43-62 §6.71, 1963).

Nothing contained in this title shall prevent any owner from processing a division of land as a subdivision.

(Ord. 43-62 §6.72, 1963).

The city council shall, by resolution, set fees from time to time for the processing and review of application, maps and other proceedings under Title 17 of this code. Such fees shall include sums to be paid to any consultant retained by city and approved by the city council.

(Ord. 282-91 §1, 1991).

Chapter 17.08 - DEFINITIONS

Sections:

Improvements to be installed by each subdivider shall include the following:

A.

Curb, gutter and sidewalk (or parking sidewalk where required);

B.

Water lines and services to serve each lot, including a meter box;

C.

Fire hydrants;

D.

Sanitary sewers and laterals to serve each lot;

E.

Storm sewers, drains;

F.

Slope planting, silt basins or other forms of erosion control;

G.

Paved streets;

H.

Ornamental street lights;

I.

Street trees;

J.

Street signs.

(Ord. 43-62 §3.61, 1963).

17.12.290 - Improvements—May be required.

The following off-site improvements may be required:

A.

The development of a domestic water supply, including storage facilities, or financial contributions for the improvement of any existing source of supply and the construction of transmission lines from that supply to the proposed development to the extent of the load added by the proposed development;

B.

The development of sewage disposal facilities or financial contributions for the improvement of any existing sewage disposal systems and the construction of transmission lines from the proposed improvements to the site of disposal to the extent of the load added by the proposed development;

C.

All necessary facilities for the transmission of stormwater from the proposed improvement to the nearest major and adequate storm drainage channel or facility;

D.

Properly graded, drained and paved access roads;

E.

The extension of other utilities, except those normally installed by public utilities serving the area under rules and regulations filed with the public utilities commission of the state.

(Ord. 43-62 §3.62, 1963).

17.12.300 - Improvements—Plan approval and inspection of work—Fees.

In addition to all other requirements in this chapter:

A.

Improvement work shall not be commenced until improvement plans for such work have been submitted to and approved by the city engineer and city council, and an appropriate agreement signed and undertaking provided, as required by this title and by the laws of the state.

B.

All improvements shall be constructed under the inspection of, and to the satisfaction of, the city engineer.

C.

The cost of reviewing and checking the improvement plans shall be borne by the subdivider, and payment shall be accomplished as hereinafter set forth. At or prior to the submittal to the city of the improvement plans for review and checking, the subdivider shall deposit with the city the sum of sixty dollars for each lot in the subdivision. The sum so deposited shall hereinafter be referred to as the plan check fee deposit. The plan check fee deposit shall be utilized to reimburse the city for all direct, indirect and overhead costs and

forth. At or prior to the submittal to the city of the improvement plans for review and checking, the subdivider shall deposit with the city the sum of sixty dollars for each lot in the subdivision. The sum so deposited shall hereinafter be referred to as the plan check fee deposit. The plan check fee deposit shall be utilized to reimburse the city for all direct, indirect and overhead costs and

expenses incurred in connection with the review and checking of the improvement plans so submitted, including costs and expenses arising from the use of city staff and personnel as well as the costs and expenses arising from employment of engineers, consultants, or other persons who are not city personnel. In the event that the plan check fee deposit shall not be sufficient to cover all said direct or indirect costs and expenses, then, upon written demand made upon the subdivider by the city, the subdivider shall forthwith pay to the city such additional sums as may be necessary for complete reimbursement. In the event that the plan check fee deposit shall exceed the amount necessary to reimburse the city for such direct and indirect costs and expenses, then, upon completion of the subdivision and complete performance by the subdivider of all of subdivider's obligations pursuant to this title and pursuant to the laws of the state, the city shall refund to the subdivider any such excess.

D.

The cost of inspection of the improvements shall be borne by the subdivider, and payment shall be accomplished as hereinafter set forth. Prior to the time for inspection of the improvements, the subdivider shall deposit with the city a sum of money which shall be in the amount of two and one-half percent of the estimated construction costs of the improvements to be dedicated as established by a preliminary cost estimate approved by the city engineer. The sum so deposited shall hereinafter be referred to as the inspection deposit. The inspection deposit shall be utilized to reimburse the city for all direct, indirect and overhead costs and expenses incurred in connection with the inspection of the improvements, including costs and expenses arising from the use of city staff and personnel, as well as costs and expenses arising from employment of engineers, consultants or other persons who are not city personnel. In the event that the inspection deposit shall not be sufficient to cover all said direct or indirect costs and expenses, then, upon written demand made upon the subdivider by the city, the subdivider shall forthwith pay to the city such additional sums as may be necessary for complete reimbursement. In the event that the inspection deposit shall exceed the amount necessary to reimburse the city for such direct and indirect costs and expenses, then, upon completion of the subdivision and complete performance by the subdivider of all of subdivider's obligations pursuant to this title and pursuant to the laws of the state the city shall refund to the subdivider any such excess.

(Ord. 249-85 §2, 1985: Ord. 43-62 §3.63, 1963).

A.

Variances Based On Hardship. It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the rules of this chapter when subdividing property.

The planning commission may recommend to the city council the granting of a variance from the requirements of this chapter when all of the following conditions are found to apply:

1.

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other

properties in the same vicinity;

2.

That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity;

3.

That, under the circumstances of this particular case, the variance, rather than the sections at issue in this title, actually carries out the spirit and intent of this title.

B.

Exception Based on Improved Design. The standards required by this chapter may be varied when gross density of an area remains the same, and where, in the opinion of the planning commission (or on appeal the city council), said exception will:

1.

Reduce the area and unsightliness of cut and fill banks;

2.

Reduce the danger of erosion;

3.

Create better community environment through dedication of public areas, rearrangement of lot sizes, reforestation of barren areas;

4.

Use other techniques which will produce a more desirable and livable community than the minimum requirements in this chapter.

As an incentive to creating better overall communities the planning commission may recommend exceptions of up to twenty percent reduction in lot size but with no increase in density in the overall development. Said planning commission may authorize similar deviations from other standards of this chapter where said deviations are for the purposes outlined above.

Before any variance based on improved design is recommended it shall be passed by not less than a twothirds vote of the total membership of the planning commission, upon a finding that the variance, as recommended, will result in a community which is a substantial improvement over the community which could have been developed by following the actual requirements of this chapter.

(Ord. 43-62 §3.70, 1963).

Chapter 17.16 - STANDARD SUBDIVISIONS—TENTATIVE MAPS

Sections: