Loading...
It is the purpose of this chapter to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Development Review Committee, Planning Commission, the Planning Department, and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provision for adequate traffic circulation, utilities, and services.
('61 Code, § 10-2.102) (Ord. 252 C.S., passed 8-3-81)
(A) No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the city or specifically authorized by the precise zoning ordinance of the city.
(B) The type and intensity of land use as shown on the General Plan shall determine the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider.
('61 Code, § 10-2.103) (Ord. 252 C.S., passed 8-3-81)
The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required.
('61 Code, § 10-2.104)
Whenever, in the opinion of the Planning Commission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make such modifications thereof as, in its opinion, are reasonably necessary or expedient and in conformity with the State Subdivision Map Act. In the case of subdivisions of four or less units, this determination may be made by the Planning Director with the concurrence of the City Engineer.
('61 Code, § 10-2.105)
DEFINITIONS AND RESPONSIBILITIES
ADVISORY AGENCY. A designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps.
BLOCK. The area of land within a subdivision which area is entirely bounded by streets, highways, or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
CONDOMINIUM. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.
CONVERSION. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings thereon.
DESIGN. Street alignments, grades, and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to, or implementation of, the General Plan or any adopted specific plan. (From the definition contained in the State Subdivision Map Act).
ENVIRONMENTAL IMPACT REPORT (EIR). A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in § 22100 of the State Environmental Quality Act, and may mean either a draft or a final EIR.
FINAL MAP. A map showing a subdivision for which a tentative and final map is required by the Subdivisions Map Act or this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.
GENERAL PLAN. The General Plan of the city.
IMPROVEMENT.
(1) Such street work, storm drainage, utilities, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary or convenient to insure conformity to, or implementation of, the general plan or any adopted specific plan.
(2) Improvements shall be constructed in accordance with the City Standard Specifications and Details and/or when applicable with standards as adopted by local utility companies and approved by the City Engineer.
LOT. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.
LOT LINE ADJUSTMENT. A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.
MERGER. The joining of two or more contiguous parcels of land under one ownership into one parcel.
MAP ACT. The Subdivision Map Act of the state.
PARCEL MAP. A map showing a division of land of four or less parcels as required by this ordinance, prepared in accordance with the provisions of this chapter and the Map Act.
PERIPHERAL STREET. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
REMAINDER. The portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.
SUBDIVISION IMPROVEMENT STANDARDS. Standard details, standard specifications, and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this chapter and the Map Act.
SUBDIVIDER. A person, firm, corporation, partnership, or associate who purposes to divide, divides, or causes to be divided real property into a subdivision for himself or herself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not SUBDIVIDERS.
SUBDIVISION. The division, by any subdivider, of any unit or units of improved or unimproved contiguous land 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. SUBDIVISION includes a condominium project, as defined herein or in Cal. Civ. Code § 1350 or a community apartment project, as defined in Cal. Bus. & Prof. Code § 11004, or the conversion of five or more existing dwelling unit to a stock cooperative, as defined in Cal. Bus. & Prof. Code § 11003.2. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.
SUBDIVISION does not include:
(1) Buildings divided into apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;
(2) Land divided by mineral, oil, or gas leases; or
(3) Land dedicated for cemetery purposes under the Health and Safety Code of the state.
(4) A lot line adjustment between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created.
TENTATIVE MAP. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.
VESTING TENTATIVE MAP. A tentative map for a subdivision as defined in Article 12, that has printed on its face the words "Vesting Tentative Map" at the time it is filed, and is thereafter processed in accordance with the provisions of this chapter and the Subdivision Map Act. When approved, a vesting tentative map confers a vested right to develop property after subdivision, subject to the provisions of this Article and Chapter 4.5 of the Subdivision Map Act.
ZONING ORDINANCE. Title 10, of the City Municipal Code, or any ordinance enacted under zoning law.
('61 Code, § 10-2.201) (Ord. 252, passed 8-3-81; Am. Ord. 626 C.S., passed 10-5-94; Am. Ord. 651 C.S., passed 3-6-96)
Loading...