Woodside Municipal Code Art. I General Provisions

This chapter shall be known as the "Subdivision Law of the Town of Woodside."

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

This chapter is adopted pursuant to the California Subdivision Map Act, and all terms used in this chapter which are defined in the Subdivision Map Act shall have the same meaning as ascribed thereto in the Subdivision Map Act and as that Act may hereafter be amended, except that, where appropriate from the context, the term "subdivision" shall be construed to include divisions of land other than those defined as subdivisions by the Subdivision Map Act. The provisions of this chapter shall be supplemental to the provisions of the Subdivision Map Act.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

The provisions of this chapter shall apply to the merger of lots, adjustments of lot lines, subdivision, or other division of land for any purpose whatsoever within the Town. For the purposes of this chapter, a division of land shall mean the division of any parcel or portion thereof into two or more lots, plots, sites, parcels, land divisions, or subdivisions. The procedures set forth in this section shall be applicable to any division of land which results in the creation of any additional building site. All merging of lots, adjustments of lot lines, land divisions and subdivisions shall meet the prescribed standards of this chapter, and any improvements and dedications needed to meet such standards shall be provided by the owner as a condition precedent to the approval of the land division or subdivision.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

Every person desiring to merge lots, adjust lot lines, or divide a parcel of land within the Town into two or more lots or parcels or combine lots or adjust property lines shall follow the procedures set forth in this chapter.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

This chapter is adopted to regulate lot mergers, lot line adjustments, land divisions, and subdivisions; and, to require the provision of certain prescribed improvements which are needed in consequence of the division of land in order to achieve the following purposes:

(A) To promote the public health, safety, convenience, and general welfare;

(B) To ensure the development of land in a manner consistent with general community objectives and policies as set forth in the General Plan or any applicable Specific/Area Plan;

(C) To protect property in the Town against deterioration and obsolescence;

(D) To preserve and protect the natural beauty and the established character of the community and through good design, provide a harmonious relationship between the completed development and the natural environment;

(E) To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

(F) To protect the community against excessive stormwater runoff, soil erosion, earth movement, and other geologic hazards by preserving the natural ground slopes and natural ground cover;

(G) To make possible the ease of law enforcement and fire protection through orderly design and development and the provision of adequate facilities and improvements;

(H) To ensure the provision of adequate water supply, storm drainage, sewage disposal, and other utilities and services needed as a consequence of the development;

(I) To ensure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;

(J) To provide roads of adequate capacity with appropriate improvements to provide access to abutting property, to carry the anticipated traffic, and to ensure that roads are designed so as to minimize safety hazards to motorists, pedestrians, equestrians, and bicyclists;

(K) To assure that road rights-of-way are designed to preserve the natural terrain, vegetation, and open space qualities of the community;

(L) To minimize through traffic on residential roads;

(M) To provide pedestrian paths, bicycle paths, and equestrian and hiking trails for the safety and convenience of the residents, for travel throughout the community, and for the enjoyment of the natural amenities of the community;

(N) To make possible the coordination of development by the provision of public facilities, such as parks, recreation areas, schools, and other types of community facilities; and

(O) To assist in implementing the General Plan.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY STRUCTURE OR BUILDING. A detached structure or building, the use of which is subordinate and incidental to the main structure, building, or use on the same parcel.

BLOCK. The land surrounded by roads or which is designated as a block on any recorded subdivision map.

CEQA. The California Environmental Quality Act.

COMMON DRIVEWAY. A private way for vehicular and other access to two parcels.

CONCEPT MAP. A map prepared by an owner and submitted with an application for a land division or subdivision in order to allow for review and early input by Town staff, subcommittee, and the Subdivision Review Committee.

DAY. A calendar day, unless otherwise specified.

DESIGN. Shall mean and include:

(1) Street alignments, grades, and widths;

(2) Drainage and sanitary facilities and utilities, including the alignments and grades thereof;

(3) The location and size of all required easements and rights-of-way;

(4) Fire roads and firebreaks;

(5) Lot size and configuration;

(6) Traffic access;

(7) Grading;

(8) Land to be dedicated for park or recreational purposes; and

(9) Such other specific requirements in the plan and configuration of the entire land division or subdivision as may be necessary or convenient to ensure conformity to or the implementation of the General Plan or any Specific/Area Plan of the Town.

DEVELOPMENT PLAN. A plan to scale indicating the outline of the building site and drainfield area and the location and grade of the driveway. Such information may be shown on the tentative map.

DRIVEWAY. A private way for vehicular and other access to a single building site.

EASEMENT, PUBLIC. An easement dedicated to and accepted by the Town which shall be continuing and irrevocable, unless formally abandoned by the Town.

ENGINEERING GEOLOGIST. A person registered by the state as a certified engineering geologist.

ENVIRONMENTAL ASSESSMENT. A comprehensive document, prepared by the Town at the cost to the owner, which inventories the physical conditions which exist within the area affected by the proposed project, including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance, public facilities, and applicable public policies and laws.

FINAL MAP. A map issued upon a finding that the subdivider has complied with all conditions imposed in the tentative map or vesting tentative map and all other applicable provisions of the Subdivision Map Act and the provisions of this chapter.

GEOTECHNICAL REPORT. A report prepared by a geologist and/or soils engineer, certified and/or registered in the state, containing the information specified in Section 152.123 of this chapter.

IMPROVEMENT. Roads, trails, pathways, utilities, and other infrastructure installed, or agreed to be installed, by the subdivider to be used for public or private roads, trails, pathways, and easements as are necessary in the land division or subdivision or for local traffic and drainage requirements as a condition precedent to the approval and acceptance of a final map. Such other specific improvements or types of improvements the installation of which, by the owner, subdivider, by public agencies, by private utilities, by any other entity approved by the Town, or by a combination, is necessary or convenient to ensure conformity to or the implementation of the General Plan.

LAND DIVISION. Any division of land into four lots or less for the purpose of sale, lease, or financing.

LOT. A piece of land, other than a road, established or to be established by the land division or subdivision procedures of this chapter and shown on a recorded final map, or established by other legal methods in place at the time of the lot's creation.

OWNER. The individual, firm, partnership, association, trustee, or corporation who or which:

(1) Is the fee owner of record of the property proposed for a lot line adjustment, merger, land division, or subdivision;

(2) Is the purchaser under an executed contract of sale of the property proposed for a lot line adjustment, merger, land division, or subdivision; or

(3) In the case of fractionally-owned fee interests, is the person or agent authorized by all the fee owners to commence and maintain proceedings for a proposed lot line adjustment, merger, land division, or subdivision of property under the laws of the state and the provisions of this chapter.

PANHANDLE LOT. A lot with access to a road by means of an access way having not less than 30 feet of frontage and a minimum width of 30 feet. The length of the panhandle shall be measured from the frontage line to the nearest point of intersection with the nearest property line parallel or most nearly parallel to the frontage line.

PARCEL. All contiguous land held in one ownership.

PLAT MAP. A map prepared and certified by a licensed land surveyor or civil engineer authorized to practice land surveying that is drawn to scale recording the existing and proposed lot boundaries and lot size(s), nearby streets, and any easements or rights-of-way, and shall include all information deemed necessary by the Town Engineer.

ROAD. Shall mean and include all of the following categories:

(1) ARTERIAL. A road connecting local roads and designed for the safe movement of through traffic with intersections at grade but with limited direct access.

(2) COLLECTOR. A road usually with no limitations placed on access to abutting properties. A collector may function as a feeder and/or connector between arterial roads.

(3) CUL-DE-SAC. A road designed primarily for access to abutting properties and not for general traffic use, having one outlet for vehicles and not designed for extension at a later date.

(4) DEAD-END ROAD. Any road having one outlet for vehicular traffic but which may be designed to permit its extension at a later date.

(5) MINOR RURAL ROAD. A road designed to carry a minimum amount of traffic and utilizing a narrow right-of-way and pavement width for the purpose of retaining to the greatest extent possible the natural terrain and vegetation and to protect the privacy of the abutting properties. Minor rural road may also include cul-de-sacs and dead-end roads.

(6) EXPRESSWAY. A road of general Town or County importance which is a limited access road carrying major traffic through several areas.

(7) FREEWAY. A divided arterial highway for through traffic, with direct access to abutting property prohibited, and with fully controlled access at connecting streets.

STRUCTURE. Anything which is built or constructed and requires a location on the ground, including a building or edifice of any kind and any piece of work artificially built up or composed of parts, including swimming pools, fences, and walls.

SUBDIVIDER. An individual, firm, corporation, partnership, or association who or which proposes to divide(s), or causes to be divided real property into a subdivision for himself, itself, or for others, except that employees and consultants of such persons or entities, acting in such capacity, shall not be subdividers.

SUBDIVISION. The division into five or more lots, by any subdivider, of any unit(s) of improved or unimproved land, or any portion, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as a contiguous unit, even if it is separated by roads, easements, or rights-of-way. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purposes of computing the number of parcels. As used in this section, "agricultural purposes" shall mean the cultivation of food or fiber or the grazing or pasturing of livestock.

SUBDIVISION MAP ACT. The Subdivision Map Act of the state, California Government Code § 66410 et seq.

SUBDIVISION REVIEW COMMITTEE. A committee composed of the Planning Director, the Town Engineer, the Fire Chief, and the Health Officer charged with the review of concept maps, tentative maps, and vesting tentative maps.

TENTATIVE MAP. A map describing the existing conditions of the land proposed for a land division or subdivision and the design of the proposed improvements.

VESTING TENTATIVE MAP. A tentative map for a land division or subdivision, as defined in this chapter, which map shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 152.094 of this subchapter and thereafter processed in accordance with the provisions of this subchapter.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) General Plan.

(1) The adopted General Plan shall be used as a guide to the use and development of land within the Town. Lot line adjustments, lot mergers, and the design of land divisions and subdivisions shall follow the General Plan Policies with respect to the type and intensity of land use, lot size and arrangement, and type and extent of roads, utilities, and other public facilities. Consideration shall be given to preserving the privacy and safety of residential areas. The number of intersections on thoroughfares shall be kept to the minimum consistent with the basic needs for ingress and egress, and intersections shall be designed to provide the optimum safety for pedestrians, bicyclists, equestrians, and motorists. Topography and vegetation shall be respected, existing trees shall be preserved where possible, and roads and building locations shall be designed to prevent excessive grading and scarring of the landscape.

(2) All subdivision improvements including roads shall be located in the least environmentally sensitive areas in order to be deemed to be in conformity with the General Plan.

(B) Specific/Area Plans. A plan for the systematic implementation of the General Plan in all or part of the area covered by the General Plan.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

All divisions of land shall conform with the zoning and site development provisions of this Code; provided, however, where this chapter imposes higher standards than said zoning or site development provisions, the requirements of this chapter shall prevail.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restriction placed upon property by covenant or deed; provided, however, where this chapter imposes greater restrictions upon the land division or subdivision of land than are imposed or required by private restrictions, the provisions of this chapter shall prevail.

(B) Whenever requirements are set forth in general terms in this chapter, the details of such requirements may be set forth in policies adopted from time to time by the Planning Commission and/or the Council.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) Recommendations and findings. The Planning Commission may recommend that the Council authorize exceptions or conditional exceptions to any of the requirements and regulations set forth in this chapter. An application for any exception shall be made by a verified petition of the owner stating fully the grounds for the requested exception, together with the supporting statements and documentation. Such petition shall be filed with the tentative map or vesting tentative map for land divisions and subdivisions. In making its recommendations, the Planning Commission shall consider the following:

(1) Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter will deprive the applicant of privileges enjoyed by other properties in the vicinity and under the identical zone classification;

(2) The exception request will not constitute a grant of special privilege, is consistent with the limitations upon other properties in the vicinity and under identical zone classification, and is consistent with the objectives of this chapter;

(3) The strict application of this chapter would result in practical difficulty or unnecessary physical hardship which is not of the applicant's own making;

(4) The granting of the exception request will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated; and

(5) The granting of the exception will be consistent with the general purposes and objectives of this chapter and of the General Plan.

(B) Imposition of conditions. In recommending such exceptions, the Planning Commission may impose such conditions as will secure substantially the objectives of the General Plan and this chapter.

(C) Council action. Upon the receipt of the recommendation from the Planning Commission, the Council, after a public hearing, may approve the final or subdivision map with the exceptions and conditions recommended by the Planning Commission, deny the exceptions, or impose such additional conditions as it deems proper. If the Council approves exceptions to the provisions of this chapter, the Council shall make the findings pursuant to division (A) of this section.

(D) Conditions required. In all cases in which such exceptions are authorized, the Council shall require such evidence or guarantees as it deems necessary to ensure that the conditions required in connection with such exceptions shall be fulfilled to the satisfaction of the Town.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

No person, firm, or corporation shall contract for the transfer or sale of, sell or offer to sell, lease or offer to lease, or transfer any parcel of land contrary to the provisions of this chapter or the Subdivision Map Act. Any deed of conveyance, sale, contract to sell, or lease made contrary to the provisions of this chapter shall be voidable at the sole option of the grantee, buyer, lessor, or person contracting to purchase, or his/her heirs, personal representatives, or trustees in insolvency or bankruptcy, within one year after the date of the execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his/her assignee, heir, or devisee.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)