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As a condition precedent to the approval of a parcel or tentative map, the subdivider may be required to install improvements, for the benefit of property not within the subdivision, and dedicate those improvements to the public, pursuant to the Cal. Gov’t Code §§ 66485 through 66489.
(Prior Code, § 16.07.190) (Ord. 670, passed - -1998)
As a condition to map approval, the town shall require that the subdivider defend, indemnify and hold harmless the town against any claim or action brought under the Cal. Gov’t Code § 66499.37 to attack an approval by the town, or any of its entities, concerning a subdivision.
(A) General. Such a condition may require indemnification of any agent, officer and employee of the town, as well as indemnification of the town, the Town Council and the Planning Commission.
(B) Exception. The town may not require, as a condition of tentative, final or parcel map application or approval, that the subdivider defend, indemnify, or hold harmless the town or its agents, officers and employees from any claim, action or proceeding against the town as a result of its failure to review or act upon the map within the required time limit.
(C) Notice.
(1) The town shall promptly notify the subdivider of a claim against it.
(2) If the town fails to promptly give the notice, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.
(D) Cooperation.
(1) The town shall cooperate fully in the defense.
(2) If the town fails to cooperate fully in the defense, the subdivider shall not be responsible to defend, indemnify or hold harmless the town.
(Prior Code, § 16.07.210) (Ord. 670, passed - -1998)
Non-residential subdivisions shall conform to the provisions of this section.
(A) Adjacent residential areas. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non- residential subdivisions, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
(B) Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic.
(C) Subdivision for proposed commercial development shall take into account and specifically designate all areas proposed for vehicular circulation and parking, for pedestrian circulation and for buffer strips and other landscaping.
(Prior Code, § 16.07.220) (Ord. 670, passed - -1998)
A land capacity report (LCR) shall be required with all applications for major subdivisions.
(A) Submittal. An LCR shall be submitted before or in conjunction with the tentative map application for subdivision.
(B) An LCR shall contain the following:
(1) A slope map depicting existing conditions and which shows, by shading or other clear means, areas of slope less than 20 percent, areas of slope 20 percent to 30 percent, areas of slope 30 percent to 40 percent and areas of slope in excess of 40 percent. The acreage of each slope category shall be estimated.
(2) A resource conservation analysis consisting of text and maps describing the land features and environmental resources including an identification and analysis of the following:
(a) Floodplains and areas where ponding may occur;
(b) Geologic and soils conditions, including hazard potential;
(c) Hydrology;
(d) Existing trees and areas of riparian vegetation;
(e) Scenic areas;
(f) Rare or endangered plant and animal species and habitat areas;
(g) Rock outcroppings;
(h) Existing roads, trails and pathways;
(i) Primary wildlife habitats and resources, including wildlife movement corridors;
(j) Cultural resources such as archaeological, historical and paleontological resources;
(k) Knolls, ridges and other promontories where tong-range views are possible; and
(l) Other noteworthy or unusual site characteristics.
(C) Waiver. An LCR may be waived by the Planning Director where a finding is made that the report would serve no useful purpose.
(D) Notice. A determination by the Planning Director to waive the requirement or a refusal to do so after a waiver is requested by the applicant, shall be reported, in writing, to the applicant and to the Planning Commission within ten days of the decision.
(E) Planning Commission action. The Planning Commission shall, at its next regular meeting following receipt of the decision, affirm or reverse the Planning Director’s decision. The decision of the Planning Commission shall be final.
(Prior Code, § 16.07.230) (Ord. 670, passed - -1998)