Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.040 Conditional exceptions.
16.04.050 Extensions of time limits.
16.04.010 Purpose.
A. The ordinance codified in this title is enacted to facilitate the orderly development of lands in the incorporated area of the city.
B. This title shall implement the objectives established for the development of the city in conformance with its general plan, and the streets and highways plan. A proposed subdivision or land division shall be considered in relation to such plan.
C. This title shall provide standards governing the subdividing of lands, surveys therefor, and the submission of maps and the requirements for and improvement of subdivided lands.
D. This title shall provide for a resolution governing standards for health and sanitation requirements, and the construction and installation of streets, highways, public utilities and other improvements. The resolution shall provide fee schedules for services rendered by the city.
E. This title shall provide for the creation of reasonable building sites by establishing adequate street widths, proper alignment of streets, adequate lot sizes, and means of ingress and egress to and from property.
F. This title shall control the division of land which is subject to inundation by flooding from natural streams or artificial ponding caused by man, and other detrimental influences which may cause land to be unsuitable for satisfactory development.
G. This title shall control the division of land which may be subject to dangerous or unsuitable soil conditions of any type, or subject to any other impediments affecting the use of the land for human habitation.
H. This chapter shall provide rules and regulations governing the contents of tentative maps, final subdivision maps, and parcel maps; it shall establish methods for the processing and filing of the maps and regulate other related matters. (Ord. 250 Art. I, 1981)
16.04.020 Applicability.
In the interest of protecting the health, safety and the general welfare of the people of the city, this title applies to the following:
A. Conformance with the California Subdivision Map Act;
B. Effectuation of the General plan, specific plans and adopted community plans of the city relative to the subdivision of land;
C. Regulation of the subdivision of land and reversions to acreage, and regulation and control of the design and improvement of subdivisions;
D. Regulation of condominiums. (Ord. 250 §3.10, 1981)
16.04.030 Limitations.
This title is inapplicable to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings or commercial buildings;
B. Mineral, oil or gas leases;
C. Land dedicated for cemetery purposes under the Health and Safety Code of the state. (Ord. 250 §3.11, 1981)
16.04.040 Conditional exceptions.
The acting body, in an action relative to a matter before it, may authorize conditional exceptions to any of the requirements and regulations relative to the design of a subdivision.
A. Application for any such exemption shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property:
1. That there are special circumstances or conditions of topography or size or shape or location affecting the property;
2. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
B. All determinations of the advisory agency may be appealed to the city council. (Ord. 250 §3.12, 1981)
16.04.045 Required findings related to fire protection in very high fire hazard severity zones in the local response area (LRA).
A. Before approving a tentative map, or a parcel map for which a tentative map was not required, in a very high fire hazard severity zone in the local responsibility area (LRA), or for an area located in a state responsibility area (SRA), as both are defined in California Government Code Section 51177, the city, except as provided in subsection B of this section, shall make the following three findings supported by substantial evidence in the record that:
1. The design and location of each lot in the subdivision, and the subdivision as a whole, are consistent with any applicable regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code Sections 4290 and 4291.
2. Structural fire protection and suppression services will be available for the subdivision through any of the following entities:
a. A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity.
b. The Department of Forestry and Fire Protection by contract entered into pursuant to Public Resources Code Section 4133, 4142, or 4144.
3. To the extent practicable, ingress and egress for the subdivision meet the regulations regarding road standards for fire equipment access adopted pursuant to Section 4290 of the Public Resources Code and any applicable local ordinance.
B. Subsection A of this section does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are forty acres or smaller in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All other structures shall comply with defensible space requirements described in Government Code Section 51182 or Public Resources Code Section 4291.
The preceding exemption does not apply if any later approval removes a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, that would or does allow the development of a building or structure for a parcel.
C. This section shall not supersede regulations established by the State Board of Forestry and Fire Protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section. (Ord. 523 §1 (Att. A), 2022)
16.04.050 Extensions of time limits.
The time limits specified in this title for reporting and acting on maps may be extended by mutual consent of the subdivider and the planning commission as authorized by the state Subdivision Map Act. (Ord. 250 §3.13, 1981)
16.04.060 Fees established.
Fees shall be established by resolution of the city council only after a public hearing and an appropriate fee study setting forth the basis of the fees. (Ord. 458 (part), 2012: Ord. 250 Art. IV, 1981)