Chapter 16.01
GENERAL PROVISIONS
Sections:
16.01.010 Title and reference.
16.01.030 Relationship to general plan and other city land use regulations.
16.01.040 Authority, responsibility.
16.01.050 Sale of property – Compliance.
16.01.060 Action by interested persons.
16.01.110 Permit Streamlining Act.
16.01.120 Conditions of approval.
16.01.130 Designated remainder.
16.01.140 Issuance of building permits.
16.01.150 Resubdivision of existing map.
16.01.010 Title and reference.
This title is adopted pursuant to Article XI, Section 7 of the California Constitution, and to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seq., and may be cited as the “Escalon subdivision ordinance.” (Ord. 510 § 2, 2007)
16.01.020 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 Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development; to promote open space, conservation, protection and proper use of land; and to ensure provision for adequate traffic circulation, utilities and other services of the city. (Ord. 510 § 2, 2007)
16.01.030 Relationship to general plan and other city land use regulations.
A. The regulations established by this title are designed to assist in the systematic implementation of the general plan, specific and community plans, the zoning ordinance and other land use regulations, and to provide for public needs, health and safety, convenience and general welfare.
B. A report as to conformity to the general plan, when required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, shall be included as part of and at the same time as the action taken by the planning commission on such division of land. Such report is not required for a proposed subdivision that involves:
1. The disposition of the remainder of a larger parcel that was acquired and used in part for street purposes;
2. Acquisitions, dispositions or abandonment 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.
C. Neither the approval nor conditional approval of a tentative subdivision map or parcel map shall constitute or waive compliance with any other applicable provisions of the city code or other applicable ordinances or regulations adopted by the city, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the city code or other applicable ordinances or regulations adopted by the city. Nothing in these regulations shall be construed to permit the premature or haphazard subdivision of lands in violation of the applicable zoning and land use regulations. (Ord. 510 § 2, 2007)
16.01.040 Authority, responsibility.
A. City Council. The city council shall be responsible for:
1. Final action on tentative subdivision maps and final subdivision maps, or modifications thereto;
2. Final action on vesting tentative maps;
3. Final action on reversions to acreage maps; and
4. Action on appeals of planning commission actions as provided in this title.
B. Planning Commission. The planning commission shall be responsible for:
1. Recommending final action to the city council on tentative subdivision maps, vesting tentative maps and subdivision modifications;
2. Final action on parcel maps;
3. Final action on lot line adjustments and mergers of contiguous parcels under common ownership without reversion where a lot line adjustment or a merger is sought as part of a development project requiring approval of one or more entitlements by the planning commission or city council;
4. Final action on requests for extensions of time for tentative subdivision maps, vesting tentative maps or parcel maps;
5. Action on appeals of city planner actions as provided in this title; and
6. Adoption and periodic review of standards, rules and regulations for implementation of this title.
C. City Planner. The city planner shall be responsible for:
1. Making investigations and reports on the design and improvement of all proposed subdivisions and making recommendations thereon to the planning commission;
2. Making recommendations for approval, conditional approval or disapproval of the design of proposed subdivisions and the kinds, nature and extent of on-site and off-site improvements required in connection therewith;
3. Making recommendations for approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for such maps;
4. Making recommendations for modifications of the requirements of these regulations in accordance with the provisions of this title;
5. Recommending disapproval of a tentative subdivision map or tentative parcel map for noncompliance with the requirements of these regulations, the Subdivision Map Act, or the standards, rules or regulations adopted by the planning commission pursuant to these regulations;
6. Making recommendations concerning proposed subdivisions in the unincorporated territory of San Joaquin County in accordance with Section 66453 of the Government Code upon notification thereof;
7. Final action on lot line adjustments and mergers of contiguous parcels under common ownership without reversion; provided, that if the lot line adjustment or merger is sought as part of a development project requiring approval of one or more entitlements by the planning commission or city council, the planning commission shall act upon said lot line adjustment or merger; and
8. Final action on certificates of compliance.
At the discretion of the city planner, or upon the request of the applicant, any final action for which the city planner is responsible may be scheduled for a public hearing before, and decided by, the planning commission. The city planner shall notify the applicant in writing of the hearing date and time and any additional fees.
D. City Engineer. The city engineer shall be responsible for:
1. Accepting offers of dedication on final parcel maps;
2. Final action on final parcel maps;
3. Certifying final subdivision maps;
4. Accepting improvement plans; and
5. Other duties and responsibilities as provided in this title. (Ord. 510 § 2, 2007)
16.01.050 Sale of property – Compliance.
It shall be unlawful for any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity, as a principal, agent or otherwise to:
A. Divide real property in any manner that shall constitute a subdivision unless and until all the requirements of this title have been complied with; or
B. Sell, lease or divide for purposes of financing or contract or offer to sell, lease or divide for purposes of financing, any division of land that shall constitute a subdivision, unless and until all the requirements of this title have been complied with. This shall not be construed to prohibit the sale of any lot or parcel of land which is of record as a lot or parcel of land as of the effective date of this title. (Ord. 510 § 2, 2007)
16.01.060 Action by interested persons.
When any provision of the Subdivision Map Act or of this title requires the execution of any certificate or affidavit or the performance of any act by a person in his or her official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly designated to so act by the city council. (Ord. 510 § 2, 2007)
16.01.070 Inapplicable cases.
This title shall be inapplicable to:
A. Mineral, oil or gas leases.
B. Parcels created by short-term leases terminable by either party on not more than 30 days' notice in writing of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of this title.
C. The financing or leasing of any parcel of land or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement.
D. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
E. A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not thereby created, provided the lot line adjustment is approved by the city pursuant to Chapter 16.07 EMC.
F. Land dedicated for cemetery purposes under the Health and Safety Code.
G. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.
H. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
I. Agricultural leases for agricultural purposes where additional buildings are not to be constructed or otherwise provided for separate use.
J. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, trailer parks or mobile home parks.
K. Merged parcels or lots of record where such lots or parcels were legally created and conform in all respects with all requirements of the Subdivision Map Act and of this title.
L. The leasing of, or granting of an easement to, a parcel of land, or any portion thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the planning commission or city council.
M. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antenna support structures, microwave dishes, structures to house cellular communication transmission equipment, power sources and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the planning commission or city council.
N. The construction, financing or leasing of granny units pursuant to Section 65852.1 of the Government Code or second units pursuant to Section 65852.2 of the Government Code. This title shall be applicable to the sale or transfer of such units.
O. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. (Ord. 510 § 2, 2007)
16.01.080 Effect.
Any application or request which has been denied wholly or in part by the planning commission or by the city council shall not be resubmitted for a period of one year from the date said order of denial became final, except on grounds of new evidence or proof of changed conditions found to be valid by the planning commission or the city council, whichever issued such order of denial. (Ord. 510 § 2, 2007)
16.01.090 Fees.
A. The filing of a tentative subdivision map, tentative parcel map and other applications required under this title, and the submission of a final map or parcel map to the city engineer shall be accompanied by the payment of administrative fees set and established from time to time by resolution of the city council.
B. Storm drainage fees shall be due at the time of filing of the final map and execution of a subdivision improvement agreement. Any other required fees, including but not limited to sewer connection fees and water connection fees, shall be paid prior to the issuance of building permit(s).
C. All fees are nonrefundable, except in cases where the planning commission or the city council does not have jurisdiction to act wherein 100 percent of the application fee shall be refunded. In the event an application is withdrawn prior to noticing of the public hearing thereon, the amount of the refund shall be 50 percent of the application fee. (Ord. 510 § 2, 2007)
16.01.100 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Escalon city council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 510 § 2, 2007)
16.01.110 Permit Streamlining Act.
It is the purpose of this title that all actions taken by the decision-making body pursuant to this title that are solely adjudicatory in nature are within a time frame consistent with the provisions of the Permit Streamlining Act, Government Code Section 65920 et seq. Nothing in this title shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this title that are legislative in nature or that require both adjudicatory and legislative judgments. (Ord. 510 § 2, 2007)
16.01.120 Conditions of approval.
A. To protect the general health and welfare of all citizens, the decision-making body may impose reasonable requirements when necessary or appropriate to ensure a development or use compatible and harmonious with the particular neighborhood and the established uses therein.
B. To ensure that the provisions of this title are maintained, the decision-making body may enforce requirements more stringent than the minimum zone requirements.
C. In granting approvals, time extension or modifications thereof, the decision-making body may include such conditions as are reasonable and necessary under the circumstances to carry out the purpose of this title. Such conditions, without limiting the discretion and authority of the decision-making body in this regard, may include site planning conditions, architectural conditions, landscape conditions, street dedication, street and drainage improvements and off-street parking conditions. (Ord. 510 § 2, 2007)
16.01.130 Designated remainder.
A. When a subdivision or a lot line adjustment is a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a final subdivision or parcel map is required. For such a designated remainder parcel, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until such time as a permit or other grant of approval for development of the remainder parcel is issued by the city or until such time as the construction of the improvement is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the planning commission may require fulfillment of the construction requirements within a reasonable time following approval of the final subdivision or parcel map and prior to the issuance of a permit or other grant approval for the development of a remainder parcel upon a finding by the planning commission that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.
B. The provisions of subsection A of this section providing for the deferral of payment of fees associated with any deferred improvements shall not apply if the designated remainder is included within the boundaries of a benefit assessment district or community facilities district.
C. In the event a designated remainder is subsequently sold, there is no further requirement for the filing of a parcel map or final map; however, a certificate of compliance issued pursuant to Chapter 16.12 EMC shall be required. (Ord. 510 § 2, 2007)
16.01.140 Issuance of building permits.
No building permit shall be issued for the construction of any building, structure or other work on any parcel proposed to be created, until a final subdivision or parcel map has been approved in accordance with the provisions of this title and the Subdivision Map Act, and recorded in the office of the county recorder. (Ord. 510 § 2, 2007)
16.01.150 Resubdivision of existing map.
In the event an existing subdivision is resubdivided to change a street alignment, to change the design of five or more lots, to create five or more new lots, or to alter the drainage, it shall be deemed that a new subdivision is being created and the procedure for filing a tentative subdivision map and final subdivision map as outlined in this title shall be applicable, except as otherwise allowed in Section 66426 of the Government Code. Resubdivision of four or fewer lots, without any other alterations, shall require approval of a tentative parcel map as to area and lot design. All requirements for submittal of required applications and preparation of final maps or parcel maps shall be as described in this title. (Ord. 510 § 2, 2007)