Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.020 Statement of policy.
16.02.080 Common interest projects.
16.02.110 General requirements.
16.02.010 Title and intent.
Title 16 constitutes the subdivision ordinance of the city of San Pablo. The intent of this title is to govern the subdivision of property within the city and to achieve the following purposes:
A. Subdivision Map Act Supplement. To supplement and implement the Subdivision Map Act, Government Code Section 66410, et seq. In instances where this title is in direct conflict with the Subdivision Map Act, the latter shall control;
B. Plan Implementation. To implement the San Pablo general plan and any specific plan; and
C. Orderly Process. To establish reasonable standards of design and reasonable procedures for subdivision and re-subdivision in order to further the orderly layout and use of land and insure proper legal descriptions and monumenting of subdivided land. (Ord. 05-002 § 1 (part), 2005)
16.02.020 Statement of policy.
It is the policy of the city of San Pablo regarding subdivisions that:
A. City Policies and Regulations. The subdivision and subsequent development of land shall conform to the adopted general plan, any specific plan adopted by the city of San Pablo, and the other provisions of the San Pablo Municipal Code.
B. Safety of Development. All subdivided land shall be of such character that it can be used safely for building purposes by future holders of title without unreasonable danger to health or peril from fire, flooding, or other menace.
C. Facilities and Services. In accordance with general plan policies, provision shall be made for drainage, sewage disposal, water, schools, parks, open space, recreation, streets, roads, highways, and other public facilities and services. (Ord. 05-002 § 1 (part), 2005)
16.02.030 Authority.
Authority for this title is found in Title 7, Division 2 of the California Government Code commencing with Section 66410, hereinafter known as the Subdivision Map Act. In addition to any regulations provided by law, the regulations provided by this title shall apply to all subdivisions and parts of subdivisions hereafter made entirely or partially within the city of San Pablo. (Ord. 05-002 § 1 (part), 2005)
16.02.040 Applicability.
This title shall apply to all parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act, except as specifically provided in this section.
A. Exceptions. This title shall not apply to the following:
1. The leasing of agricultural land used for the cultivation of food or fiber or the grazing or pasturing of livestock;
2. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or recreational vehicle parks;
3. Mineral, oil, or gas leases;
4. Land dedicated for cemetery purposes under the California Health and Safety Code;
5. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
6. The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements;
7. The construction, financing or leasing of secondary dwelling units pursuant to Chapter 17 of the San Pablo Municipal Code;
8. Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code for community apartment or cooperative housing projects;
9. The conversion of a community apartment project to a condominium if the requirements of Sections 66412(g) and (h) of the California Government Code are met; or
10. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which has been approved pursuant to Title 17 of the San Pablo Municipal Code.
B. Lot Line Adjustments. A lot line adjustment that meets the requirements of Chapter 16.30 shall comply with the provisions of that chapter but need not comply with the other chapters in this title. (Ord. 05-002 § 1 (part), 2005)
16.02.050 Definitions.
The following definitions shall apply within this title:
“Approval” means favorable action on a tentative map, with any conditions by the review authority, prior to the expiration date specified by ordinance. Previous favorable action on a map or time extension thereof, which has expired, does not constitute approval.
“Approved access” means a way or means of approach to a parcel from either an abutting public road or from a private road, street, or right-of-way approved by the city engineer and fire department.
“City standards” means improvement standards set forth in this title or otherwise adopted by the city of San Pablo or approved by the city engineer.
“Contiguous” means sharing a common boundary.
“Design” means standards relating to the following:
1. Street alignments, grades, and widths;
2. Drainage and sanitary facilities, utilities, and flood control projects including sizes, alignments and grades thereof;
3. Location and size of all required easements and rights-of-way, existing or future;
4. Fire roads and firebreaks;
5. Lot size and configuration, including proposed building setbacks;
6. Access;
7. Grading and erosion control;
8. Land to be dedicated for park, open space, or recreational purposes;
9. Land to be dedicated for public access to public resources;
10. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan; and
11. City NPDES (National Pollution Discharge Elimination System) Standards.
“Final map” refers to the recording instrument for a subdivision map or a parcel map.
“Frontage” means the property line abutting on a street.
“Improvement” means:
1. Any street work, curbs, gutters, sidewalks, and utilities, and the like that are:
a. Installed on the land by a subdivider as a condition precedent to approval and acceptance of a final or parcel map;
b. To be used for public or private streets, highways, ways, flood control projects, utilities, or easements; and
c. Necessary for the general use of the parcel or lot owners in the subdivision and the provision of adequate traffic and circulation and water drainage; and
2. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the review authority, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
“Lot” means a parcel of land having frontage on a street, and which meets the zoning regulations for width and area of the zoning district in which the property is located or for which a variance or exception to the required width or area is in effect.
“Lot line adjustment” means a relocation of a property line between four or fewer existing adjoining parcels that would not result in a greater number of parcels than existed previously.
“Parcel” means a contiguous measure of real property, owned as a single unit, which was established legally under the subdivision regulations in force at the time of its creation. Easements, public or private roadways, and conveyances do not constitute parcels of land.
“Parcel map” refers to the recording instrument for a subdivision of four or fewer parcels wherever allowed by the Subdivision Map Act.
“Review authority” means the body that has final approval authority for an action pursuant to this title.
“Slope stability” means the maximum stable inclination of an unsupported slope under the most adverse conditions that it will experience, as determined by current engineering technology.
“Slope stability standards” means those standards that are necessary in order to insure that a slope achieves slope stability.
“Statutory merger” means the process by which the city initiates an action to combine contiguous parcels of land owned by the same owner, pursuant to Chapter 16.24 and Chapter 15 (commencing with Section 66451.10) of the California Government Code.
“Subdivider” means a person who proposes to divide, divides, or causes to be divided real property into a subdivision for himself, herself, or for others. A consultant, engineer, or surveyor who does not hold title to the land is not considered a subdivider.
“Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project as that term is defined in California Civil Code Section 1351(f), a community apartment as that term is defined in California Civil Code Section 1351(d), conversion of five or more existing dwelling units to a stock cooperative as that term is defined in California Civil Code Section 1351(m), and a division of land by gift or inheritance. A conveyance of land for rights-of-way to a governmental agency, public entity, public utility, or subsidiary of a public utility shall not be considered a division of land for purposes of computing the number of parcels.
“Subdivision map” means the recording instrument for a subdivision of five or more parcels or for other activities as required by the Subdivision Map Act.
“Tentative map” means a subdivision or parcel map submitted for approval for a subdivision.
“Vesting tentative map” means a tentative map for a residential subdivision that, when filed with the city, has conspicuously printed on its face the words “vesting tentative map.” Such a map confers rights as set forth in Section 66498.1 of the California Government Code.
“Voluntary merger” means the process by which an owner initiates an action to combine contiguous parcels of land owned by the owner, pursuant to Chapter 16.26 and Section 66499.20 æ of the California Government Code. (Ord. 05-002 § 1 (part), 2005)
16.02.060 Required maps.
A. Tentative Map and Final Map. A tentative map and final subdivision map shall be required for all divisions of land into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.
B. Tentative Map and Final Parcel Map. A tentative map and final parcel map shall be required for all divisions of land into four or fewer parcels, except that maps shall not be required for:
1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty days notice in writing;
2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the department in individual cases, upon substantial evidence, that public policy necessitates a parcel map;
3. Lot line adjustments that are approved pursuant to Chapter 16.30;
4. Parcel maps waived pursuant to subsection C of this section.
C. Waiver of Parcel Map. The requirement for a parcel map may be waived pursuant to the following provisions:
1. The application for a waiver shall be submitted to the city engineer who shall then provide a copy to the planning manager;
2. Upon receipt of the application, the city engineer shall give notice of the application by mail or delivery to all persons, businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the subject property, and all such persons and entities shall be given an opportunity to respond in writing within ten days after receipt of the notice;
3. The application may be approved if both the planning manager and city engineer find all of the following:
a. That the proposed parcel map conforms to the Subdivision Map Act and this title,
b. That the proposed parcel map conforms to state and city requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, and water supply availability,
c. That the proposed parcel map will not have an adverse effect on the environment,
d. That the proposed parcel map conforms to the general plan and any applicable specific plan(s),
e. That no existing non-conformity with the other chapters in this title or Chapter 17 of the San Pablo Municipal Code will be increased,
f. That the proposed parcel map conforms to all other city ordinances,
g. That a parcel map is not necessary to insure proper legal description of property, location of property lines and monumenting of property lines, and
h. That appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available.
i. That the proposed parcel map conforms to the requirements of the city’s green infrastructure plan and the most recent version of the municipal regional stormwater permit (MRP), as issued by the California Regional Water Quality Control Board (RWQCB).
4. The application shall be denied if all public improvements have not been constructed or assured;
5. The approval may be conditioned to provide for payment of parkland dedication, drainage, or other fees necessary to serve the proposed subdivision;
6. If the application is approved, the city shall prepare and transmit a certificate of compliance regarding the division of land to the county recorder for filing. (Ord. 2019-002 § 4, 2019; Ord. 05-002 § 1 (part), 2005)
16.02.070 Compliance.
No land shall be used, nor any building be constructed, on any lot or parcel not in conformance with this title. No permit for the construction of a building or the use of land shall be issued on a parcel of land that does not comply with the provisions of the general plan, this title, and the Subdivision Map Act, and the most recent version of the municipal regional stormwater permit (MRP). At the time of issuance of a permit, if required by the city, the applicant shall submit evidence that the parcel of land complies with this division and the mandatory provisions of the current Subdivision Map Act, and a certification from the West County Wastewater District as to the adequacy of the parcel to meet sanitary sewer requirements. (Ord. 2019-002 § 5, 2019: Ord. 05-002 § 1 (part), 2005)
16.02.080 Common interest projects.
A map of a condominium project, community apartment project, or stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided. Approval of a parcel, tentative, or final map of such project shall not be denied on account of the design or location of buildings that are not in violation of city ordinances or on account of the manner in which airspace is to be divided in conveying the individual units. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. (Ord. 05-002 § 1 (part), 2005)
16.02.090 Conversions.
The conversion of existing buildings into a condominium project, community apartment project, or stock cooperative project shall comply with the provisions of Sections 66427.1 and 66427.2 of the California Government Code. The conversion of a mobile home park to a condominium project or other use shall comply with the applicable provisions of Sections 66427.4 and 664281.1 of the California Government Code. (Ord. 05-002 § 1 (part), 2005)
16.02.100 Indemnification.
As a condition to any map approval, the city shall require that the subdivider defend, indemnify, and hold harmless the city against any claim or action brought under Government Code Section 66499.37 to attack an approval by the city, or any of its entities, concerning a subdivision.
A. General. Such a condition may require indemnification of any agent, officer, and employee of the city, as well as indemnification of the city, the city council, and the planning commission.
B. Exception. The city may not require, as a condition of tentative or final parcel or subdivision map application or approval, that the subdivider defend, indemnify, or hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the city as a result of the action or inaction of the city in reviewing, approving, or denying the map.
C. Notice. The city shall promptly notify the subdivider of a claim against it. If the city fails to promptly give such notice, the subdivider shall not be responsible to defend, indemnify, or hold harmless the city.
D. Cooperation. The city shall cooperate fully in the defense. If the city fails to cooperate fully in the defense, the subdivider shall not be responsible to defend, indemnify, or hold harmless the city. (Ord. 05-002 § 1 (part), 2005)
16.02.110 General requirements.
A. Public Access. As a condition of approval of a tentative or final parcel or subdivision map, the subdivider shall provide reasonable access to and/or along public waterways, rivers, streams, reservoirs, or lakes as required in Article 3.5, of Chapter 4 of the Subdivision Map Act. In addition to the criteria given in Article 3.5 of the Subdivision Map Act for determining reasonable access, the city shall consider potential damage to sensitive wildlife and vegetative habitats.
B. Railroad Crossings. Provision shall be made for any and all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the state public utilities commission for the establishment and improvement of such crossing. The cost of such railroad crossing improvement shall be borne by the subdivider.
C. Existing Vegetation. All subdivisions shall be designed to preserve desirable existing native vegetation, especially trees, to the maximum extent feasible.
D. Ridgelines and Views. All subdivisions shall be designed to protect the public view of natural ridgelines and to assure adequate light, air, privacy and public views.
E. Non-Residential Subdivisions. Non-residential subdivisions shall conform to the following provisions:
1. Every effort shall be made to protect adjacent residential areas from potential nuisance from the proposed non-residential subdivisions, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary;
2. Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic;
3. Subdivisions for proposed commercial development shall take into account and specifically designate all areas proposed for vehicular circulation and parking, for pedestrian circulation, and for buffer strips and other landscaping.
F. Building Sites. All lots created by a residential subdivision shall have a building site, unless the lot is specifically created to meet open space and/or public drainage or storm water retention/detention requirements.
G. Creek Protection. All subdivisions shall be designed to preserve and enhance creek corridors, including provisions for public access trails and for setbacks required by the general plan.
H. Stormwater Management. All subdivisions shall be designed to meet the requirements specified in the most recent version of the municipal regional stormwater permit (MRP), and shall follow the design guidelines outlined in the city’s green infrastructure plan. (Ord. 2019-002 § 6, 2019; Ord. 05-002 § 1 (part), 2005)