Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010  Purpose.

16.04.020  Authority.

16.04.030  Policy.

16.04.040  Subdivision land.

16.04.050  Conformance.

16.04.060  Designation of advisory agency.

16.04.070  Approval of city planning director.

16.04.080  Approval by city engineer.

16.04.090  Submission to other public agencies.

16.04.100  Jurisdiction of city council.

16.04.010 Purpose.

The provisions of this title are adopted for the following purposes:

A. To protect, provide and promote public health, safety, and the general welfare of the city;

B. To guide the future growth and development of the city in accordance with the general plan of the city;

C. To protect the character and socio-economic stability of all areas of the city and encourage the orderly and beneficial development of the city;

D. To protect and conserve land values and buildings values while minimizing the conflicts among land uses;

E. To provide the most beneficial relationship between land uses and the circulation of traffic;

F. To establish reasonable standards or design and procedures for land divisions or projects insuring adequate facilities with sufficient capacity to serve the project;

G. To prevent the pollution of air, water and water table by encouraging the management of natural resources;

H. To provide for the preservation or promotion of vegetation, plant life, trees and set aside open spaces with the efficient design of land while preserving the density of land established in the zoning ordinance of the city.  (Ord. 80-1 Art. I §1.09, 1980).

16.04.020 Authority.

This title is enacted pursuant to Section II of Article XI of the Constitution of California, and the general laws of the state of California, including Title 7, Division 2, Chapter 1 through Chapter 7 of the Government Code, state of California, hereinafter referred to as "Subdivision Map Act." The provisions of this title are in addition to the Subdivision Map Act and are supplemental thereto.  This title may be cited as the Kerman subdivision and development ordinance.  (Ord. 80-1 Art I §1.00, 1980).

16.04.030 Policy.

It is declared to be the policy of the city to consider the division of land and the subsequent development of subdivisions as subject to the control of the city pursuant to the general plan of the city for the orderly, planned, efficient, and economical development of the city.  (Ord. 80-1 Art. I §1.01, 1980).

16.04.040 Subdivision land.

Land to be divided shall be of such character that it can be used safely for the purpose of building without danger to health, peril from fire, flood or other menace, and land shall not be divided until available public facilities and improvements exist and provisions have been made for drainage, water resources and transmission lines, and other capital improvements such as schools, parks, and facilities for recreation, transportation, services of fire, police and public works.  (Ord. 80-1 Art. I §1.02, 1980).

16.04.050 Conformance.

The existing and proposed public improvements shall conform to and be properly related to the general plan of the city and the master plan for public improvements, the capital budget and development plan of the city.  It is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances, general plan and zoning ordinance and the capital budget and program of the city.  (Ord. 80-1 Art. I §1.03, 1980).

16.04.060 Designation of advisory agency.

The planning commission, hereinafter referred to as the commission, shall act as the advisory agency to the Kerman city council.  The commission is charged with the investigation, reporting and the making of recommendations on proposed land divisions or land projects.  The commission shall make proposed findings of conformance of any project with the general plan.  The planning commission shall recommend approval, conditional approval or disapproval of tentative maps and parcel maps.  The commission shall make recommendations for the findings required by Sections 66473.5, 66474 and 66474.6 of the Government Code.  The recommendations and proposed findings of the planning commission, along with supporting reports and investigations, shall be reported to the Kerman city council.  (Ord. 93-13, §1, 1993:  Ord. 80-1 Art. I §1.04, 1980).

16.04.070 Approval of city planning director.

The city planning director shall review and report on the design analysis for conformity with the Kerman general plan, Kerman zoning ordinance and environmental quality of the proposed land divisions or projects.  The director shall expedite the processing of projects through the commission.  (Ord. 93-13, §2, 1993:  Ord. 80-1 Art. I § 1.05, 1980).

16.04.080 Approval by city engineer.

The city engineer shall be responsible for the reporting and approving of projects for compliance with the accepted engineering standards and designs, and the inspecting of construction of public improvements for compliance with the city of Kerman’s standards and specifications for public improvements.  (Ord. 80-1 Art. I §1.06, 1980).

16.04.090 Submission to other public agencies.

Project maps and designs shall be submitted to any agency which has jurisdiction or provides public facilities to the project.  Public agencies shall submit any proposed plans to the city to provide services to the project.  (Ord. 80-1 Art. I §1.07, 1980).

16.04.100 Jurisdiction of city council.

The city council shall have the final jurisdiction in approving tentative and final subdivision maps, parcel maps, the establishment of requirements for standards of design of public improvements and the acceptance of lands, improvements or dedications that may be required for land divisions or other projects.  (Ord. 93-13 §3, 1993:  Ord. 80-1 Art. I §1.08, 1980).