Chapter 17.01 — GENERAL PROVISIONS

Chapters 17.01 through 17.15 shall be known as and may be cited as the "Subdivision Ordinance of the City of Wheatland" and are deemed necessary in order to protect the public health, safety, and general wel-fare, including the public interest; the conservation, stabilization, and protection of property values, and to assure provision for necessary utilities, public roads, and other public conveniences in subdivided areas.

(Ord. 333 § 2, 1991)

Pursuant to the authority conferred by Title 7, Division 2 of the California Government Code (Sections 66410, et al.) cited as the Subdivision Map Act, the regulations contained in this title are established here-with and shall apply to all subdivisions or parts of subdivisions wholly or partly within the city, and to the preparation, filing and approval of maps. (Ord. 333 § 2, 1991)

The design, improvement, and survey data for subdivisions, the form and content of tentative, final and parcel maps, and the procedure to be followed in securing official approval shall be governed by the provi-sions of the Subdivision Map Act and by the additional provisions of this title.

(Ord. 333 § 2, 1991)

• A. A subdivision map or map of other division of land shall conform to the principles and standards of the general plan, and the elements thereof, with respect to population densities and distribution, locations and sizes of public areas, and rights-of-way and improvement of streets and ways.

• B. A subdivision map shall conform with other specific plans for streets, public areas and projects and the future development thereof.

• (Ord. 333 § 2, 1991)

No tentative map or tentative parcel map submitted to the city pursuant to the provisions of this title shall either be considered as filed or reviewed and acted upon by the planning commission or city council until the requirements of the city's environmental review guidelines enacted pursuant to the California Environmental Quality Act of 1970 have been met. (Ord. 333 § 2, 1991)

Subdivision maps shall conform to the zoning ordinance of the city with respect to uses of land, lot sizes and dimensions, and other applicable regulations; provided however, that where this

Downloaded from https://ecode360.com/WH5034 on 2026-07-06

City of Wheatland, CA

WHEATLAND CODE

§ 17.01.060

§ 17.01.100

title imposes higher standards, the requirements of this title shall prevail. When a proposed use or development of land requires a zoning reclassification, conditional use permit, or variance, the application shall be considered prior to, or concurrently with, the tentative map or the tentative parcel map.

(Ord. 333 § 2, 1991)

• A. The provisions of this title shall not apply to any lot or lots forming a part of a subdivision legally created and recorded prior to the effective date of the ordinance codified in this title unless those lots are hereafter proposed for further subdivision. It is not intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon the property be it by deed, covenant, or other private agreements, or with restrictive covenants running with the land. Only those improvement standards, applicable at the time a tentative subdivision or parcel map application is deemed complete and accepted for filing, shall be imposed.

• B. The provisions of this title shall not be applicable to those exemptions and exclusions as cited in the Subdivision Map Act at Sections 66412 and 66426.5.

• (Ord. 333 § 2, 1991)

Exclusions to provisions of the Subdivision Map Act shall be as set forth in Chapter 1, Article 1, Section 66412 of the Subdivision Map Act, with the exception that Section 66412 Subdivision (d) shall be amended to include the following:

• A. A lot or property line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot or property line adjustment is approved by the city engineer following the filing by the owners of an application therefor, and the following are submitted to the city engineer within ninety days of the approval thereof:

  1. A current report from a title company, which sets forth therein the owners of the adjusted parcels; and

  2. Copies of the new recorded deeds of trust.

• B. Extension. The time limit listed above may be extended by the city engineer upon receipt of a written request by the applicants, but in no case may the time limit exceed one year.

• (Ord. 333 § 2, 1991)

The procedures for and criteria for the mergers and unmergers of parcels shall be as set forth in the Chapter 3, Articles 1.5 and 1.7 of the Subdivision Map Act. (Ord. 333 § 2, 1991)

A separate map shall be prepared for each subdivision where land is separated from other land in

Downloaded from https://ecode360.com/WH5034 on 2026-07-06

City of Wheatland, CA § 17.01.100

SUBDIVISIONS

§ 17.01.150

a parcel or holding by division other than a street, highway, approved private road, alley, railroad right-of-way, flood control right-of-way, canal, or public utility right-of-way. (Ord. 333 § 2, 1991)

Control of design and improvements of subdivisions is vested with the planning commission and city council, depending on which body has approval authority. (Ord. 333 § 2, 1991)

• A. Jurisdiction to approve tentative and final subdivision maps within the city is vested with the city council.

Jurisdiction to approve tentative parcel maps is vested with the city planning commission, with possibility of appeal to the city council. Authority to approve parcel maps conforming to approved tentative parcel maps is delegated to the city manager and the city engineer.

• B. Approved and conditionally approved tentative maps and tentative parcel maps shall expire in the manner and according to the time limits contained in Sections 66452.6 and 66463.5 of the Map Act and shall be subject to discretionary time extensions not to exceed a total of three years by application to the city council.

• C. Approval and conditional approval of vesting tentative maps shall expire in twenty-four months after initial approval or conditional approval and shall thereafter be subjected to discretionary time extensions not to exceed one year upon application to the city council.

• (Ord. 333 § 2, 1991; Ord. 412 § 2, 2009)

The planning commission is designated as the advisory agency to the city council on matters related to tentative and final parcel and subdivision maps. (Ord. 333 § 2, 1991)

Whenever, by the provisions of this title, a power of authority is given to, or where duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental employee authorized by him or her pursuant to law unless it is expressly provided that it shall be exercised in person.

(Ord. 333 § 2, 1991)

This title is intended to comply with all the mandatory requirements of the Subdivision Map Act. Accordingly, this title shall be interpreted and applied to meet said mandatory requirements as presently adopted or hereafter amended to avoid invalidating any of its provisions due to preemption.

(Ord. 333 § 2, 1991)

Downloaded from https://ecode360.com/WH5034 on 2026-07-06

City of Wheatland, CA

SUBDIVISIONS

§ 17.02.010

§ 17.02.010

CHAPTER 17.02 DEFINITIONS

Pursuant to the provisions of the Subdivision Map Act, the city engineer shall make such detailed examination of tentative and final maps and tentative parcel maps and parcel maps and such field checks, if any, as may be necessary to enable him or her to make the required certifications. (Ord. 333 § 2, 1991)

The city may deny approval of a tentative or final map or a tentative parcel map if the proposed use is prohibited by any ordinance, statute, law or other regulation; and shall deny approval of a map if it makes any of the findings as presented in Sections 66473, 66473.5, 66474, and 66474.4 of the Subdivision Map Act.

(Ord. 333 § 2, 1991)

• A. No map shall be considered as filed with the city until all of the fees and charges required by the city as pertains to the subdivision of land have been paid, the requirements of the city's environmental review guidelines have been completed, and all applicable requirements of Chapters 17.01 through 17.14 of this title have been fulfilled or an application for an exception or for appropriate zoning has been filed for concurrent consideration.

• B. A final map or parcel map shall not be considered as filed until all fees, bonds and deposits then due have been made, all corrections have been made as required by the city engineer to the maps and improvement plans, if any, and the property has been annexed to the city and to any service areas or districts other than the city which are to provide necessary services.

• (Ord. 333 § 2, 1991)

Downloaded from https://ecode360.com/WH5034 on 2026-07-06

City of Wheatland, CA

SUBDIVISIONS

§ 17.04.010

§ 17.04.010