Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.010 Citation and authority.
16.02.030 Conformity to General Plan and zoning.
16.02.050 Advisory agency designation.
16.02.060 Property owner’s consent.
16.02.070 Other discretionary approvals.
16.02.080 Waiver or modification of requirements.
16.02.090 Environmental review.
16.02.120 Notice of public hearings.
16.02.130 Extension to time limits.
16.02.010 Citation and authority.
This title is adopted to supplement and implement the State Subdivision Map Act and may be cited as the “Subdivision Ordinance of the City of Calistoga.” The provisions of this title which are mandated by the State Subdivision Map Act are subject to change without notice or action by the City in the event the State Legislature amends such Act.
16.02.020 Purpose.
It is the purpose of this title to regulate and control the division of land within the City and to supplement the provisions of the State Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the State Subdivision Map Act and the procedure to be followed in securing the official approval of the City regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be those reasonably necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth, development, open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.
16.02.030 Conformity to General Plan and zoning.
A. No land may be subdivided or developed for a purpose which is inconsistent with the City’s General Plan, any applicable specific plan, the zoning ordinance, or other applicable provisions of this code.
B. The type and intensity of land use as shown on the General Plan and any applicable specific plan shall, together with the State Subdivision Map Act and the requirements of this title, determine the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.
C. The City may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate facilities and services, and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of facilities and services shall be determined in accord with:
1. The planned long-term build-out of the community as provided in the capital improvement program, in which facilities are actually available or funded; and
2. The General Plan elements in effect at the time of consideration of the application.
D. Subdivisions are subject to hillside grading review in CMC Title 19.
16.02.040 Application.
The regulations set forth in this title shall apply to all subdivisions or parts thereof for the City and to the preparation of subdivision maps and to all other maps provided for by the State Subdivision Map Act or this title.
16.02.050 Advisory agency designation.
The Planning Commission is hereby designated as the advisory agency for subdivisions as the term “advisory agency” is used in the State Subdivision Map Act. The Planning Commission shall have all the powers and duties with respect to subdivision maps and the procedures relating thereto which are specified by State law or by this title and shall have the authority to approve, conditionally approve or disapprove maps.
16.02.060 Property owner’s consent.
No final map or parcel map required by this title shall be filed with the City without the written and notarized consent of all parties having any record title interest in the real property proposed to be subdivided.
16.02.070 Other discretionary approvals.
All applicants for tentative maps and tentative parcel maps shall concurrently submit applications for all other discretionary approvals, including but not limited to, use permits, variances, rezonings, and General Plan amendments.
16.02.080 Waiver or modification of requirements.
A. The Council may waive or modify any requirement or regulation set forth in this title. Application for any such waivers or modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. Applications shall be made and processed in accordance with the variance procedures of CMC Title 17. Such application shall be filed with the tentative or tentative parcel map application. The Planning Commission shall specifically and fully set forth the modification and the conditions designated.
B. The Council shall find that the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated, and that:
1. There are unique circumstances or conditions affecting the property relative to size, shape or topography; or
2. The waiver or modification will improve the overall subdivision design; or
3. The property is to be devoted to such use that it is impossible or impracticable in the particular case for full compliance; and
4. Approval of any waiver or modification does not result in lots which are in conflict with the zoning ordinance.
In all cases in which such modifications are authorized, the Council shall require such evidence as it deems necessary that the conditions required in connection with such modifications are being met.
16.02.090 Environmental review.
Subdivisions are projects subject to environmental review in accordance with the California Environmental Quality Act, State Guidelines, this code and the implementing rules and procedures adopted by the Council.
16.02.100 RMS compliance.
All uses and land use permits provided for in this title shall comply with the provisions of the Resource Management System contained in Chapter 13.16 CMC.
16.02.110 Fees and forms.
A. No application, map, appeal or other requests for City action shall be considered filed pursuant to this title without payment of the established fee or a deposit estimated to cover all of the City’s costs, as based upon the rates set by resolution of the Council unless the fees and/or deposits have been waived by action of the Council, or the applicant is a public entity exempted from payment of such fees.
B. The City shall prescribe various application and appeal forms and all applications and appeals shall be made on such forms.
16.02.120 Notice of public hearings.
Whenever a public hearing is required by this title, notice of such public hearing shall be given by the City pursuant to Government Code Section 66451.3. The Director of Planning and Building may give such additional notice as deemed advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this title.
16.02.130 Extension to time limits.
Except as may be limited by State law, any time limits specified by law may be extended by mutual consent of the subdivider and the City.