Chapter 82.01
GENERAL PROVISIONS
Sections:
82.01.050 Environmental impact review.
82.01.060 Grading and erosion control.
82.01.080 Disapproval of maps.
82.01.100 Condominium, community apartment or stock cooperative project.
82.01.110 Waiver of nonmaterial error.
82.01.120 Current equalized County assessment roll.
82.01.160 Times to report and act.
82.01.010 Citation.
This title shall be known as the “Subdivision Ordinance” and may be cited as such and is adopted to supplement and implement the Subdivision Map Act. (Ord. 1800; Ord. 1581; Ord. 1380)
82.01.020 Application.
A. Except as otherwise provided in this title, all of the provisions of the Act and this title shall apply to the creation of subdivisions.
B. In applying this title the City shall consider the effect of its ordinances and actions on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. (Gov. Code § 66412.3)
C. This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing of those units. (Ord. 1601)
82.01.030 Prohibition.
No person shall create a subdivision except in accordance with the provisions of the Act and this title.
82.01.040 Advisory agency.
The Planning Commission is hereby designated as the advisory agency and may prescribe, subject to review by the City Council, such additional rules and procedures as are necessary to accomplish their advisory duties. (Gov. Code § 66415)
82.01.050 Environmental impact review.
A. All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with this code and the rules and procedures adopted by the City Council pursuant to the Environmental Quality Act of 1970. Consequently, decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following:
1. Tentative Maps.
a. Negative Declaration. Upon receipt of a negative declaration with respect to any tentative map or tentative parcel map, the Planning Commission and the City Council may proceed to consider the map without an environmental impact report.
b. Environmental Impact Report. With respect to any tentative map or tentative parcel map for which an environmental impact report is required, the City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the map.
B. An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the Government Code, until after the environmental review for such subdivision has been accomplished.
C. The City may approve a tentative map likely to cause substantial environmental damage based upon a finding of overriding consideration. (Gov. Code § 66474.01) (Ord. 1658)
82.01.060 Grading and erosion control.
All subdivisions shall, as a condition of approval, comply with the City standards for erosion and grading control, including prevention of sedimentation or damage to off-site property. (Gov. Code § 66411)
82.01.070 Soils report.
A. For every subdivision, a preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, shall be submitted to the Building Official with respect to the subdivision lots and to the City Engineer with respect to public improvements. (Gov. Code § 66490)
B. A preliminary soils report may be waived by the City providing the City finds that due to the knowledge of the City as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.
C. If the preliminary soils report indicate the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
D. The City Council may approve the subdivision or portion thereof where such soils problem exists if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Gov. Code § 66491)
82.01.080 Disapproval of maps.
The City Council shall not approve or conditionally approve any map if:
A. The City Council makes any of the findings contained in Section 66474 of the Act.
B. The final or parcel map is not in substantial compliance with the previously approved tentative map. (Gov. Code § 66474.1)
C. The City Council has not taken action in accordance with Section 66474.5 of the Act relating to land projects.
D. In accordance with Sections 66473 and 66474.2 of the Act, the map does not comply with the requirements or conditions imposed by this title and the Act.
E. The map does not comply with the provisions of Government Code Section 66474.4, herein incorporated by reference.
F. The City Council is unable to find that the proposed subdivision is consistent with the General Plan, as required by Government Code Section 66473.5. (Ord. 1658)
82.01.090 Discharge of waste.
In accordance with Section 66474.6 of the Act, the City Council may disapprove a map based upon the discharge of waste.
82.01.100 Condominium, community apartment or stock cooperative project.
A map of a condominium project, a community apartment project or of the conversion of five or more existing dwelling units to a stock cooperative project shall be processed in accordance with Section 66427 of the Act.
82.01.110 Waiver of nonmaterial error.
When the failure of a map is the result of a technical and inadvertent error which does not materially affect the validity of the map, the failure shall be waived and the map approved. (Gov. Code § 66473)
82.01.120 Current equalized County assessment roll.
Nothing in this title shall prevent a purchaser of a unit of land created under the provisions of the Act or this title from subdividing such land one time, pursuant to the provisions of the Act prior to the time that an equalized County assessment roll has been completed reflecting the creation of the unit proposed to be subdivided. (Gov. Code § 66424.l)
82.01.130 Public hearings.
A. Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision, shall be given in accordance with Section 66451.3 of the Act.
B. Additional notice shall be given in accordance with Section 66451.4 of the Act.
C. Failure to receive notice herein shall not invalidate any action taken by the City. (Gov. Code § 66451.5)
82.01.140 Reserved.
82.01.150 Monuments.
A. Every subdivision shall be marked by the following monuments:
1. Boundary monuments: The exterior boundary of the subdivision shall be monumented with permanent monuments, such monuments shall be a cylinder of concrete, six inches in diameter, not less than one foot in length set one foot below the ground with a copper identification disk firmly set in the top, set at each corner and at intermediate points along the boundary not more than 500 feet apart and at the beginning and end points of all curves, provided if any existing record and identified monument meeting foregoing requirements is found at any such corner or point, such monument may be used in lieu of a new monument.
2. Lot corner monuments: All lot corners, except when coincident with exterior boundary corner shall be monumented with permanent monuments of one of the following types:
a. A three-quarter-inch diameter iron pipe at least 24 inches long set at least 18 inches in the ground;
b. A lead plug and copper identification disk set in concrete sidewalks or curbs.
3. Centerline monuments: The centerline of all street rights-of-way at not more than 500-foot intervals and all street rights-of-way intersections.
4. Such additional monuments to mark the limiting lines of streets as the City Engineer may require.
5. All other monuments set or proposed to be set.
B. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.
C. All monuments and their installation shall conform to the City standards and Section 8771 of the Business and Professions Code.
D. All of the foregoing monuments shall be set at the time of making the survey for a final map and prior to the approval of the map by the City Council unless the City Engineer determines that such monuments might be disturbed by the construction of improvements.
E. Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within 30 days after the completion of the required improvements prior to the acceptance thereof by the City. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the City Engineer.
F. At least one exterior boundary line of the real property being subdivided shall be adequately monumented, as directed by the City Engineer, before the map is recorded. (Gov. Code § 66495)
G. Payment of the engineer or surveyor for setting of the final monuments shall be accomplished in compliance with Government Code Section 66497. (Ord. 1658)
82.01.160 Times to report and act.
A. The time limits specified in this title for reporting and acting on maps may be extended by mutual consent of the subdivider and the body required to report or act. However, no body may require a routine waiver of time limits as a condition of accepting the application for, or processing of, a map unless the routine waiver is obtained for the purpose of permitting concurrent processing of a related approval or an environmental review on the same development project.
B. At the time that the subdivider makes an application pursuant to this division, the Director of Community Development shall determine whether or not the City is able to meet the time limits specified in this chapter for reporting and acting on maps. If it will be unable to meet such time limits, the Director of Community Development shall, upon request of a subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the City to meet such time limits. However, the City need not enter into such a contract or employ such persons if it determines either that (1) no such entities or persons are available or qualified to perform such services or (2) the City would be able to perform service in a more rapid fashion than would any available and qualified persons or entities.
C. Such entities or persons employed by the City may, pursuant to an agreement with the City, perform all functions necessary to process maps and to comply with other requirements imposed pursuant to this title except those functions reserved by this title to the City Council. The City Council may charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section. (Gov. Code § 66451.1)
82.01.170 Fees.
At the time of filing, the applicant shall pay a fee to the City for the examination, review, processing and inspection related to such application in an amount established by resolution of the City Council. (Gov. Code § 66451.2)
82.01.180 Severability.
If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or application thereof, and to this end the provisions of this title are severable.