[Ord. No. 1034, § 1.]
This chapter is adopted pursuant to Article XI, Section 7, of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the Subdivision Ordinance of the City of Oakdale.
[Ord. No. 1034, § 1.]
It is the purpose of this chapter to regulate and control the
division of land within the City of Oakdale 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 for 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 chapter 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. No. 1034, § 1.]
No land shall be subdivided and developed for any purpose which
is inconsistent with the General Plan or any applicable specific plan
of the city, or which is not permitted by the Oakdale Municipal Code
or any other adopted regulations.
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 chapter, the type
of streets, roads, highways, utilities, and other public services
that shall be provided by the subdivider.
[Ord. No. 1034, § 1.]
The regulations set forth in this chapter shall apply to all
or parts of subdivisions within the city and to the preparation of
subdivision maps and to other maps provided for by the Subdivision
Map Act and this chapter. All subdivisions and any part thereof lying
within the city shall be made, and all subdivision parcel maps shall
be prepared and presented for approval as provided for in this chapter.
[Ord. No. 1034, § 1.]
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 conditions, or is to be devoted to a use that is impossible
or impracticable 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. In the case of parcel maps, this determination may also be
made by the subdivision committee.
[Ord. No. 1034, § 1.]
All persons submitting applications for the approval of maps
or for other approvals as required by this chapter shall pay all fees
and/or deposits as provided by city council's resolution or resolutions
establishing applicable fees and deposits. Said resolution or resolutions
are hereby incorporated by this reference as though fully set forth
herein.
[Ord. No. 1034, § 1.]
(a)
Purpose. These provisions specify procedures for hearings before
the community development director, subdivision committee, planning
commission and city council and appeals of any requirement, decision
or determination made by the director, subdivision committee or the
planning commission.
(b)
Application and processing. Applications shall be reviewed and processed
in a manner consistent with the provisions of California Government
Code.
(1)
Not less than ten days before the date of a hearing, public notice
shall be given of such hearing in the following manner:
a.
By one publication in a newspaper of general circulation within the
city. The notice shall state the nature of the request, the location
of the property (text or diagram), the date and time, and place of
the scheduled hearing, and the hearing body;
b.
By mailing ten days prior to said hearing, postage prepaid, to the
owners and tenants of property within a radius of three hundred feet
of the exterior boundaries of the property involved in the application,
using for this purpose the last known name and address of such owners
as shown upon the current tax assessors records. Notice is deemed
received two days after date of postmark. The notice shall state the
nature of the request, location of the property (text or diagram),
the date, time, and place of the scheduled hearing, and the hearing
body;
c.
By mailing a minimum of ten days prior to said hearing, postage prepaid,
to the owner of the subject real property or the owner's authorized
agent; and,
d.
In the event that the number of owners and tenants to whom notice
would be sent pursuant to subsection (1)b above is greater than one
thousand, in lieu of notice pursuant to subsection (1)b notice may
be given at least ten days prior to the hearing by placing a display
advertisement of at least one-eighth page in the newspaper having
general circulation within the area. The notice shall state the nature
of the request, the location of the property (text or diagram), the
date, time, and place of the scheduled hearing, and the hearing body.
(c)
Community development director investigation. The community development
director shall make an investigation of the facts bearing on the case
to provide the information necessary for action consistent with the
intent of this code and the general plan; the director shall report
the findings to the subdivision committee, planning commission or
city council, as appropriate.
(d)
Hearing procedure. Hearings as provided for in this chapter shall
be held at the date, time and place for which notice has been given
as required in this chapter. The summary minutes shall be prepared
and made part of the permanent file of the case. Any hearing may be
continued provided that prior to the adjournment or recess of the
hearing, a clear announcement is made specifying the date, time, and
place of which said hearing will be continued.
(e)
Notice of decision. The community development director (acting as
hearing officer), planning commission or city council shall record
their respective decisions following the hearing. The decision shall
set forth applicable findings and any conditions of approval. Following
the hearing and decision, a notice of the decision and any conditions
of approval shall be mailed to the applicant at the address shown
upon the application.
(f)
Effective date. Except as stated otherwise in this chapter, approval
shall become effective ten days following the final action of the
appropriate reviewing authority.
(g)
Appeal of action. Any determination or action taken by the director
or subdivision committee may only be appealed to the planning commission.
In a similar manner, any action taken by the planning commission to
approve or disapprove an application or appeal may be appealed to
the city council.
(h)
Filing of appeals. All appeals shall be submitted to the community
development department on a city application form, and shall specifically
state the basis of the appeal. An appeal of the community development
director, or subdivision committee action shall be filed with the
community development department within ten calendar days following
the final action. An appeal of a planning commission decision shall
be filed in the office of the city clerk within ten calendar days
following the final of action. Appeals shall be accompanied by a filing
fee.
(i)
Notice of appeal hearings. Notice of an appeal hearing shall conform
to the manner in which the original notice was given.
(j)
Effective date of appealed actions. Any action of the director, or
subdivision committee appealed to the planning commission shall not
become final until upheld by the planning commission. An action of
the planning commission appealed to the city council shall not become
final unless and until upheld by the city council.
(k)
Reapplication. When an application for an entitlement under this
Code is denied, no application for the same or substantially same
permit or amendment shall be filed in whole, or in part, for the ensuing
twelve months except as otherwise specified at the time of denial.
The community development director shall determine whether the new
application is for a permit or amendment which is the same or substantially
the same as a previously denied permit or amendment. No decision of
the director shall be effective until a period of fifteen days has
elapsed following the written notice of decision.
