Chapter 6.01
GENERAL SUBDIVISION PROVISIONS
Sections:
6.01.020 Conformity to General Plan.
6.01.040 Responsibility of Planning Commission.
6.01.010 Short title.
This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the Subdivision Ordinance of the City of Newman.
6.01.020 Conformity to General Plan.
A. In all respects the subdivision will be considered in relation to the General Plan or sections thereof.
B. A report as to conformity to the General Plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the Planning Commission on such division of land.
C. Such report is not required for a proposed subdivision which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided that the Planning Commission expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.
6.01.030 Definitions.
The following words and phrases shall have the meanings respectively ascribed to them:
“Minor land division” means the dividing of any parcel or contiguous parcels of real property or portions thereof, improved or unimproved, for the purpose of sale, gift, lease or financing, whether immediate or future, into less than five parcels. The following shall not constitute a land division:
A. The financing or leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building, or mobile home park.
B. Agricultural, gas, oil or mineral leases.
C. The division of land dedicated for cemetery purposes under the California Health and Safety Code.
D. The division of land solely for the purpose of increasing the site of an adjacent building lot or size.
E. The division of land caused by the acquisition of a property interest by any political entity or government agency.
F. The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes for the conveyance of land by a public utility to a contiguous ownership.
G. Any division of land elsewhere defined in this chapter as a subdivision or resubdivision.
“Subdivider” means a person who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others.
“Subdivision” means the division of any improved or unimproved 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 easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code or a community apartment project as defined in Section 11004 of the Business and Professions Code. 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. (Ord. 82-2, 2-23-1982; Ord. 77-19, 5-24-1977)
6.01.040 Responsibility of Planning Commission.
A. The Planning Commission shall make investigations and reports on the design and improvement of any proposed division of real property for which a tentative map or parcel map is filed, and shall have the authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve, or disapprove such map and division of land. The City Manager shall advise and assist in making investigation and reports on tentative maps and parcel maps.
B. To this end, the subdivider shall file a tentative map, drawings and such other information on any of the foregoing subjects as may be required by the Planning Commission. Dedications or offers of dedication shall be made by deed.
6.01.050 Filing fees.
A. Tentative Map Processing Fee. Every person submitting a tentative map shall pay a processing fee in an amount prescribed by resolution of the Council.
B. Final Map Processing Fee. The subdivider shall, at the time of submitting the final map to the City Manager, pay to the City a processing fee in an amount prescribed by resolution of the Council.
C. Parcel Map Processing Fee. The subdivider shall, at the time of submitting the parcel map to the City Manager pay to the City a processing fee in an amount prescribed by resolution of the Council.
6.01.060 Deed restrictions.
A copy of the deed restrictions applicable to the subdivision and not in conflict with this title shall be filed with the Planning Commission at the time of filing of the final map. (Ord. 77-19, 5-24-1977)