Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.010 Citation and authority.
16.02.060 Modification of requirements.
16.02.010 Citation and authority.
This title is adopted pursuant to Article XI, Section 6 of the California Constitution and to supplement and implement the California Subdivision Map Act, Section 66410 et seq., of the Government Code, and may be cited as the subdivision ordinance of the city of Lakeport. (Ord. 808 (part), 2001)
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 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 and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the city. (Ord. 808 (part), 2001)
16.02.030 Consistency.
No land shall be subdivided and developed for any purpose which is inconsistent with the Lakeport general plan or any applicable specific plan of the city or which is not permitted by Title 17 or other applicable provisions of this code.
The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this title, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider. (Ord. 808 (part), 2001)
16.02.040 Application.
The regulations set forth in this title shall apply to all or parts of subdivisions within the city, to the preparation of subdivision maps, and to other maps provided for by the Subdivision Map Act and this title. All subdivisions and any part thereof lying within the city shall be made, and all subdivision maps shall be prepared and presented for approval, as provided for in this title. (Ord. 808 (part), 2001)
16.02.050 Exceptions.
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, trailer parks, and RV parks;
B. Mineral, oil, or gas leases;
C. Land dedicated for cemetery purposes under the State Health and Safety Code;
D. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code;
E. Subject to the requirements of Sections 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project, or a stock cooperative to a condominium;
F. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions 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 city;
G. 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 improvements;
H. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
I. The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this chapter shall apply to the sale or transfer, but not the leasing of those units;
J. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock;
K. Subdivision of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred square feet;
L. Any other mandatory exceptions to the applicability of the Subdivision Map Act as provided in the Subdivision Map Act (Sections 66412.1, 66412.2, 66412.5). (Ord. 808 (part), 2001)
16.02.060 Modification of requirements.
Whenever, in the opinion of the planning commission or the city council, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or environmental conditions, or is to be devoted to a use that is impossible or impractical in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the planning commission or the city council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. (Ord. 808 (part), 2001)
16.02.070 Fees and deposits.
All persons submitting applications for the approval of maps or for other approvals as required by this title shall pay fees and/or deposits as provided by this title and by the city council’s resolution(s) establishing applicable fees and deposits. Such resolution(s) are incorporated by reference as though fully set forth herein. (Ord. 808 (part), 2001)