Chapter 16.04
GENERAL PROVISIONS AND DEFINITIONS

Sections:

16.04.010    Short title – Authority.

16.04.020    Purpose.

16.04.030    Conformity.

16.04.040    Compliance.

16.04.050    Definitions.

16.04.060    City clerk – Responsibilities and duties.

16.04.070    City clerk – Findings and recommendations.

16.04.080    City engineer – Powers and duties.

16.04.090    City planner – Powers and duties.

16.04.100    Planning commission – Powers and duties.

16.04.110    City council – Powers and duties.

16.04.010 Short title – Authority.

This title is established to supplement and implement the Subdivision Map Act, Government Code Section 66410, and shall be known as the “subdivision ordinance of the city of Trinidad.” [Ord. 163 § 1.01, 1981].

16.04.020 Purpose.

A. The purpose of this title and any rules, regulations, or specifications adopted pursuant thereto is to control and regulate all divisions of land within the city.

B. Procedures are hereby established for the purpose of securing official approval for any such land division. The requirements and standards set forth in this title provide for the preservation of the health, safety and general welfare of the city’s residents, in addition to the promotion of orderly growth and development, and the protection of sensitive lands. [Ord. 163 § 1.02, 1981].

16.04.030 Conformity.

A. No land shall be subdivided and developed for any purpose which is not in conformity with the city general plan and specifically authorized by TMC Title 17.

B. The types of streets, utilities and public services to be provided by the subdivider shall conform with the policies of the Trinidad general plan. [Ord. 163 § 1.03, 1981].

16.04.040 Compliance.

No permit shall be issued for the construction of or alteration to any building or structure located or to be located on land which is subdivided in violation of the provisions of this title until such time as this title is complied with. [Ord. 163 § 1.04, 1981].

16.04.050 Definitions.

For the purposes of this title words used in the present tense include the future, the singular number shall include the plural and the plural the singular:

“Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the governing body of his or her concerns.

“City council” means the city of Trinidad, California, city council.

“City engineer” means the person or firm hired by the city of Trinidad, California, for the purpose of evaluating engineering projects.

“City planner” means the person or firm hired by the city of Trinidad, California, for the purpose of evaluating development proposals from a planning perspective.

“Final map” means a map prepared for recordation of a major subdivision as per TMC 16.08.040.

“General plan” means the Trinidad general plan adopted by the city of Trinidad, California, as the land use portion of the local coastal plan.

“Lot line adjustment” means an adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

“Parcel map” means a map prepared for recordation of a minor subdivision as per TMC 16.08.020.

“Planning commission” means the city of Trinidad, California, planning commission.

“Preliminary map” means a map prepared for the review of a minor subdivision proposal as per TMC 16.08.020.

“Record of survey map” means a map prepared by a licensed surveyor which serves as a public record for a private survey of existing deed, land, or manmade features which is filed with the county recorder.

“Shall” is a mandatory directive while “may” is voluntary. “Should” is considered nonmandatory.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities acting in such capacity are not “subdividers.”

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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 except for leases of agricultural land for agricultural purposes. 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 in Civil Code Section 1350, or a community apartment project as defined in Business and Professions Code Section 11004. 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. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.

“Tentative subdivision map” means a map prepared for the review of a major subdivision proposal as per TMC 16.08.040. [Ord. 163 § 1.05, 1981].

16.04.060 City clerk – Responsibilities and duties.

The city clerk shall be responsible for receiving and disseminating maps and information required by this title to all reviewing agencies and interested persons including owners of property which lies within 100 feet of the proposed development. [Ord. 163 § 1.06(a), 1981].

16.04.070 City clerk – Findings and recommendations.

All findings and recommendations shall be made in writing, dated, and addressed to the city clerk. [Ord. 163 § 1.06(f), 1981].

16.04.080 City engineer – Powers and duties.

The city engineer shall be responsible for and have the authority to:

A. Establish design and construction details, standards and specifications;

B. Inspect and approve or disapprove subdivision improvements;

C. Inspect and certify in writing that record of survey and lot line adjustment maps are technically correct;

D. Approve all record of survey maps. [Ord. 163 § 1.06(b), 1981].

16.04.090 City planner – Powers and duties.

The city planner shall be responsible for and have the authority to:

A. Process and recommend approval, conditional approval, or denial on all lot line adjustment maps;

B. Review and comment on all subdivision maps;

C. Determine if a proposed subdivision and its improvements comply with the provisions of this title, TMC Title 17, the general plan and with the Subdivision Map Act. These findings and/or recommendations shall be submitted to the planning commission, in writing, prior to the scheduling of the public hearing. [Ord. 163 § 1.06(c), 1981].

16.04.100 Planning commission – Powers and duties.

The planning commission shall be responsible for and have authority to:

A. Review and recommend approval, conditional approval or disapproval on all preliminary, tentative subdivision, and reversion to acreage maps to the city council;

B. Hear an appeal by any interested person adversely affected by a decision of the city staff, and after hearing testimony and reviewing documents, shall within 30 calendar days either sustain, modify, reject or overrule the decision;

C. Review and approve, conditionally approve, or deny all lot line adjustment proposals. [Ord. 163 § 1.06(e), 1981].

16.04.110 City council – Powers and duties.

The city council shall be responsible for and have the authority to:

A. Review and approve, conditionally approve or deny all maps referred from the planning commission;

B. Review and approve or disapprove all parcel and final maps;

C. Hear an appeal by any interested person adversely affected by a decision of the planning commission or city staff, and, after hearing testimony and reviewing documents, shall within 30 calendar days either sustain, modify, reject or overrule said decision;

D. Waive a provision of this title upon reasonable finding that the waiver will improve the overall subdivision design. The city council may also, for good cause, increase the requirements beyond the minimums herein specified, to provide for unusual circumstances or conditions. These waivers or increased requirements shall conform with the general plan, TMC Title 17, and the Subdivision Map Act. [Ord. 163 § 1.06(e), 1981].