Chapter 16.01
GENERAL PROVISIONS
Sections:
16.01.020 Relation to general plan and specific plans.
16.01.030 Relation to State Subdivision Map Act.
16.01.040 Advisory agency – General duties.
16.01.010 Title and purpose.
A. Chapters 16.01 through 16.14 HMC, inclusive, shall be known as the “subdivision code,” and the same are adopted pursuant to the Subdivision Map Act of the State of California, and other applicable provisions of law.
B. The subdivision code is adopted for the purpose of regulating the subdivision of land and other division of land within, or as may be annexed to, the city and to establish standards for the design and improvement thereof and dedications required therein, in order to achieve the following purposes:
1. To implement the general plan of the city which has been adopted as the long-term general and comprehensive guide to the physical development of the city;
2. To provide for the design of subdivisions appropriate to the purposes for which they will be used and harmonious with the use or potential use of adjoining areas and surrounding community and with the general plan;
3. To provide lots of sufficient size and proper shape for the purposes for which they will be used, and harmonious with the divisions of property and subdivisions in the surrounding area;
4. To provide for streets, alleys, pedestrian ways, and easements therefor, with design, location and size adequate and safe for the anticipated traffic thereon, within or as may be generated by such subdivision;
5. To provide for facilities for utilities, sewerage and drainage and easements therefor, as may be needed for the public health, safety and convenience of the persons living therein;
6. To insure that prior to the sale, use or occupancy of subdivided or divided property the foregoing provisions have been made, and that the cost thereof has been paid or assured by the subdivider or divider to the extent herein provided;
7. To cause land to be subdivided or divided in a manner that will serve and promote the public health, safety, convenience and general welfare. (Ord. 346, 1975).
16.01.020 Relation to general plan and specific plans.
A. A subdivision map or map of other division of land shall conform to the principles and standards of the general plan, and the elements thereof, with respect to population densities and distribution, locations and sizes of public area and rights-of-way and improvement of streets and ways.
B. A subdivision map shall conform with the zoning code of the city with respect to uses of land, lot sizes and dimensions, space for off-street parking and loading, and other applicable regulations.
C. A subdivision map shall conform with other specific plans for streets, public areas and projects, and the future development thereof. (Ord. 346, 1975).
16.01.030 Relation to State Subdivision Map Act.
The subdivision code is adopted pursuant to the provisions of the Subdivision Map Act of the State of California, referred to in this title as the Map Act, and shall be construed to be in conformity with, and as supplemental to, said Map Act, and as the same may be amended from time to time. Terms used in this title shall have the same meaning as specified in the Map Act. (Ord. 346, 1975).
16.01.040 Advisory agency – General duties.
The planning commission of the city is designated as the “advisory agency” referred to in the Map Act, and shall have the duty of making investigations and reports on the design and improvement of proposed subdivisions, and approving, conditionally approving, or disapproving of the map or maps of subdivisions and other divisions of land mentioned in this title, and to recommend the kind, nature and extent of the improvements and dedications to be required and easements to be furnished, and such other duties as are elsewhere mentioned in the subdivision code or the Map Act, subject to such further action by the council. (Ord. 346, 1975).
16.01.050 Definitions.
A. For the purpose of the subdivision code, the following words, terms and phrases shall have the definitions and meanings as in this section set forth:
1. “Alley” means an easement used or designed to be used primarily for vehicular access to the rear or side of properties which also abut on the street.
2. “Arterial street” means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used to carry heavy volumes of traffic through an urban area or between urban areas, which normally would require a street with four or more lanes, divided.
3. “Bicycle path” means a right-of-way which because of its design and location is used or is planned to be used to carry bicycle traffic and other nonmotorized traffic.
4. “Block” means an area of land within a subdivision entirely bounded by any streets (other than alleys), freeway, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.
5. “Building department” shall be the building department of the city, or the officer of the city or other agency charged with enforcement of the building code.
6. “Building permit” means a permit granted for the construction, alteration, etc., of buildings pursuant to the building code of the city.
7. “City engineer” means the Holtville city engineer.
8. “Civil engineer” means a civil engineer who is registered by the state of California.
9. “Clerk” shall mean the city clerk of the city of Holtville.
10. “Collector street” means a street which, because of its design or location with respect to other streets and other sources of traffic, is used or is planned to be used to carry moderately heavy volumes of traffic, which normally would require a four-lane undivided street.
11. “Commission” means the planning commission of the city.
12. “Community apartment project” means a property conforming to the definition set forth in Section 11004 of the Business and Professions Code, State of California.
13. “Condominium” means a property conforming to the definition set forth in Section 1350 of the Civil Code of the State of California.
14. “Corner lot” means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees.
15. “Cul-de-sac” means a street connected with another street at only one end and with a turn-around at the other end.
16. “Final map” means a map prepared in accordance with the provisions of the Subdivision Map Act and of this title designed to be placed on record in the office of the Imperial County recorder.
17. “Flag lot” means a lot having its buildable area removed from a public street, and being connected to the street by means of a narrow extension or access strip.
18. “Flood control district” shall be the Imperial County water conservation and flood control district and shall serve in an advisory capacity relating to drainage and flood control problems of the public works department and the planning commission.
19. “Frontage street” means a street which separates a subdivision from a limited access strip or from a freeway or limited access highway.
20. “Frontage street, commercial” means a frontage street serving, or designed to serve, abutting commercial property.
21. “Frontage street, residential” means a frontage street serving, or designed to serve, abutting residential property.
22. “General plan” means the general plan for the future development of the city.
23. “Grading plan” means one or more city standard engineered drawings, which show in detail the natural contours and proposed elevations both inside and immediately outside of an area under development.
24. “Improvement plan” means one or more engineered drawings which show in detail the improvements which are to be installed in any particular development including but not limited to plan and profile views of streets, sewers, storm drains and associated facilities.
25. “Intersection” means the place at which two or more streets or alleys meet.
26. “Limited access strip” means a line or strip of land, the right to cross which, by the public and adjoining property owners, has been conveyed or dedicated to some authorized public agency.
27. “Lot” means a parcel or portion of land, established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a subdivision map or parcel map.
28. “Map Act” means the Subdivision Map Act of the State of California.
29. “Median strip” means an area located in the center of a street usually bordered by concrete curbing, in which is planted landscaping such as trees, shrubs or grass.
30. “Parcel map” means a map prepared in accordance with the provisions of this title, designed to be placed on record in the office of the Imperial County recorder, and providing for the division of land which meets the conditions set forth in subdivisions (b) and (c) of Section 66444 of the Map Act.
31. “Parcel split” means any real property, including condominiums, planned unit development, or resubdivision, improved or unimproved, divided into four or fewer lots, either by establishing new lot lines or changing existing lot lines, for the purpose of sale, lease, transfer of title, division of interest, financing or separate use. Any such division made solely for street widening purposes shall not be considered a parcel split. A parcel map subdivision does not include conveyance or transfer of lands or any interest therein to any agency having the power of eminent domain.
32. “Park dedication” means a dedication of land together with all improvements for park use, which may or may not be required as a condition imposed upon subdivider under the applicable law.
33. “Pedestrian way” shall be a way designed for use by pedestrians and cyclists which is not intended for use by automotive vehicles and which is not located within a street right-of-way.
34. Planned Unit Development.
a. “Common green subdivision” means a division of land in which there are both separately held parcels of land and commonly held parcels of land within the proposed development, the latter held undivided and in common by owners of the separately held parcels, all pursuant to a planned unit development approved in accordance with the provisions of the zoning ordinance of the city.
b. “Community apartment project” means a division of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
35. “Planning commission” means the Holtville city planning commission.
36. “Planning director” means the Holtville city planning director.
37. “Planting strip” shall mean a strip adjoining the curb within a street right-of-way which is designed to separate the sidewalk from the roadway or to prevent access to abutting properties from the roadway and which is intended to be planted with trees or otherwise landscaped.
38. “Preliminary soil report” shall be a report prepared by a soil engineer based upon adequate test borings or excavation. The report shall indicate the presence of any critically expansive soils or any other soil problems which, if not corrected, may lead to structural defects. If the report indicates the presence of critically expansive soils or other soil problems which, if not corrected, may lead to defects in structures, buildings or other improvements it shall further report on an investigation of each lot of the subdivision, including recommended corrective action which is likely to prevent structural damage to each building, structure, or improvement to be constructed.
It shall also report on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channel, recommendations for construction procedures to obtain required stability, maximum design velocities for any natural or artificial drainage channel; and any other geologic features, slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the subdivision.
The preliminary soil report shall be prepared on eight-and-one-half-inch by 11-inch paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half inches by 11 inches.
39. “Private street” means any parcel of land or nonexclusive easement not owned by the county, city, or the state of California, or offered for dedication to the public which is used or intended to be used for access to a lot or parcel.
40. “Public improvement” means street work, utilities, and other facilities proposed or required to be installed within the subdivision for the general use of all the subdivision lot owners and for local neighborhood or community needs.
41. “Record of survey” shall be a map prepared by a registered civil engineer or licensed land surveyor for the purpose of depicting a field survey of the land made in conformance with the Land Surveyors Act.
42. “Reserve strips” means wherever in the subdivision code reserve strips are required or allowed either parallel with or at the end of streets, the same shall be offered for dedication for public street purposes at such time as the city or county accepts dedication or acquires title to sufficient additional right-of-way from property outside of said subdivision so as to provide the ultimate right-of-way designated on the map, or certificate of dedication thereon, and the terms of said dedication may provide that until such additional right-of-way is acquired, said reserve strip shall be reserved for the use of the subdivider and the successive owners of the respective lots in the subdivision which are adjacent to said reserve strip, except that no structure not ordinarily placed on public streets may be erected on such reserve strip.
43. “Residential street” means a street which is used or planned primarily for access to abutting residential properties.
44. “Reversed corner lot” means a corner lot, the street side line of which is substantially a continuation of the front lot line of the lot upon which it rears.
45. “Reversion to acreage map” means a map prepared for the purpose of reverting subdivided land to acreage.
46. “Secondary drainage channels or conduits” means those channels or conduits which serve a drainage area of less than four square miles and more than one square mile.
47. “Secondary street” means a street which is used or planned to be used to carry a volume of traffic less than a primary street and greater than a residential street, and which normally would require a two-lane street with four-lane capacity at important intersections.
48. “Sheet overflow” means water of minor depths either quiescent or flowing at velocities less than those necessary to produce serious scour.
49. “Sidewalk” means a concrete walkway designed for use by pedestrians which is located within a street right-of-way.
50. “Soil engineer” means a licensed civil engineer, experienced in engineering geology, responsible for the soil engineering work outlined herein, including supervision, analysis and interpretation of field investigation and laboratory tests for a specific project, preparation of geological and soil engineering recommendations and specifications, and supervision of grading construction work.
51. “Soil investigation” means a detailed soil analysis and report, as required by Section 17954 of the Health and Safety Code, which shall recommend corrective action to prevent structural defects as herein defined, and which is made by a civil engineer.
52. “Soil problem” means critically expansive soils, soil fills, or other soil conditions which might lead to structural defects as herein defined.
53. “Soil report” means a preliminary soil analysis and report, as required by Section 17935 of the Health and Safety Code, covering in addition all soil fills and any soil problem that might lead to structural defects as herein defined, and which is made by a civil engineer.
54. “Standards” as used in this title means city standards either adopted by the city council or on file with the city engineer.
55. “Street” means an improved facility used for vehicular traffic.
56. “Structural defects” means defects or damages caused in any structure or improvement that is required to be, or which may be, made in subdivisions, and which shall not be limited to buildings or dwellings unless the context so indicates.
57. “Subdivision” means any land or portion thereof which is a subdivision as such term is defined in the provisions of the Map Act (Section 11505).
58. “Subdivision design” means the overall layout of the proposed subdivision design including, but not limited to, the arrangements of streets and intersections, the layout and size of lots, the widths and locations of easements and rights-of-way for utilities, drainage structures, sewers, the nature and location of public and semi-public facilities, programs for the preservation of natural features, and the installation of public improvements.
59. “Supplementary standards” means the supplementary improvement standards adopted in accordance with Chapter 16.06 HMC.
60. “Tentative map” means a map prepared in accordance with the provisions of the Subdivision Map Act of the state and with the provisions of this chapter for the purpose of showing the tentative design of a proposed subdivision or parcel split and the existing conditions in and around it and need not be based upon a detailed final survey of the property or precise design.
61. “Through lot” means a lot having frontage on two parallel, or nearly parallel, streets.
62. “Use permit” means a permit for the use of land or buildings, issued pursuant to the zoning code of the city.
63. “Zone” means any reference to a zone or zones and shall be deemed to refer to the definition or description of such zone or zones appearing in such zoning code of the city as may be in effect at the time of the approval of the tentative map in question by the council.
B. Wherever a word or phrase used in the subdivision code is not defined in the Map Act or in this section, and unless it appears otherwise from the context in which such word or phrase is used, it shall be construed harmoniously with the definition or construction of such word or phrase as it may be used in the zoning code in effect at that time. (Ord. 346, 1975).