Chapter 16.02
BASIC PROVISIONS

Sections:

16.02.010    Purpose.

16.02.020    Applicability.

16.02.030    Authority.

16.02.040    Conformance with existing city plans and development criteria.

16.02.050    Exceptions from the requirements.

16.02.060    Advisory agency.

16.02.070    Community development director.

16.02.080    Coastal permit required.

16.02.010 Purpose.

A.    This title is enacted for the purpose of promoting the public health, safety, convenience and general welfare; to regulate the design, improvement and survey data of subdivisions, and to provide for the form and content of tentative and final maps thereof. The procedure to be followed in securing official approval thereof shall be governed by the Subdivision Map Act of the State of California, by the provisions of this subdivision ordinance, and by the city of Marina Local Coastal Program.

B.    To secure compliance with the city of Marina zoning ordinance, the local coastal program and any adopted general plan of the city of Marina. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.02.020 Applicability.

This title shall apply to the subdivision, reconfiguration and consolidation of land within the city. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.02.030 Authority.

The provisions of this title are adopted pursuant to, are intended to be used in conjunction with, and are to be construed in light of, the provisions of the Government Code. Whenever adherence to the provisions of this title would constitute a violation of state and/or federal law, the provisions of state and/or federal law shall take precedence. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.02.040 Conformance with existing city plans and development criteria.

All land divisions shall conform with the general plan and local coastal program of the city, with all applicable specific plans, with the requirements of the zoning ordinance and other ordinances, with the requirements of this title except as hereinafter provided, and with the State Subdivision Map Act, all as may be revised from time to time. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.02.050 Exceptions from the requirements.

A.    It is recognized that there are certain parcels of land of such dimensions, subject to such restrictions, so affected by physical conditions that it would be difficult or impractical for the subdivider to conform to the foregoing requirements.

B.    Application for an exception shall be made to the community development department on forms provided by the community development department, accompanied by the required filing fee. The community development director shall examine said application and supporting data for compliance with the requirements of this title and shall accept said application for filing when all requirements are met. Once the community development director accepts an application for filing, the community development director shall forward the request to the planning commission and/or the city council, upon its consideration of the related project subject to this title. The request for exceptions from the foregoing requirements can be approved when the following findings are made:

1.    That because of special circumstances applicable to the subdivision, including size, shape, topography, location or surroundings, the application of this title would deprive the subdivision of privileges enjoyed by other properties in the vicinity; and

2.    That through the granting of the subdivision exception, the project would achieve greater consistency with general plan and local coastal program goals, objectives, policies, and related provisions; and

3.    That under the circumstances of a particular case granting the exceptions, rather than the sections at issue in this title, actually carries out the intent of this title.

C.    Any exception granted shall be subject to such conditions as will assure that the exception thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

D.    Adequate guarantees will be required to insure that any conditions imposed as a part of any approved exception shall be carried out as specified. (Ord. 2007-08 § 4 (Exh. A (part)), 2007) (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)

16.02.060 Advisory agency.

A.    The city council is designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act of the state of California.

1.    The city council shall have those powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and by this title. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.02.070 Community development director.

The community development director, or designee, shall have the powers and duties specified by this title. (Ord. 2007-08 § 4 (Exh. A (part)), 2007)

16.02.080 Coastal permit required.

All proposed subdivisions to which this title applies, namely subdivision, reconfiguration and consolidation of land (per Section 16.02.020), shall be subject to the requirement of obtaining a coastal development permit. (Ord. No. 2009-04, § 4(Exh. A), 9-1-2009)