This title is adopted to supplement and implement the State Subdivision Map Act (Map Act) and may be cited as the Subdivision Ordinance of the city of Point Arena. These provisions mandated by the Map Act are subject to change by the State Legislature without city notice or action.
(Ord. 214 § 1, 2012.)
The purpose of this title is to regulate and control the division of land within the city and to supplement the Map Act provisions concerning the design, improvement and survey data of subdivisions, map form and content and the procedure to be followed in securing the official approval of the city regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be those reasonably necessary for the preservation of the public health, safety, and general welfare, to promote orderly change, development, open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.
(Ord. 214 § 1, 2012.)
A. 
No land may be subdivided or developed for a purpose which is inconsistent with the city's General Plan, the Local Coastal Plan, any applicable specific plan, the Zoning Ordinance, or other applicable provisions of this title.
B. 
The type and intensity of land use as shown on the General Plan, the Local Coastal Plan, Zoning Ordinance, and any applicable specific plan shall, together with the Map Act and the requirements of this title, determine the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.
C. 
The city may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate facilities and services, and such that appropriate measures can be taken to mitigate any and all adverse environmental impacts. Adequacy of facilities and services shall be determined in accord with: (1) the planned long-term build-out of the community as provided in a capital improvement program, in which facilities are actually available or funded; and (2) the General Plan elements and Local Coastal Plan in effect at the time of consideration of the application.
(Ord. 214 § 1, 2012.)
The regulations of this title apply to all subdivisions or parts thereof within the city and to preparation of subdivision and all other maps subject to the Map Act and/or this title.
(Ord. 214 § 1, 2012.)
The planning commission is hereby designated as the advisory agency to the city council. The planning commission will consider all subdivision applications and, after consideration at a public hearing, they shall submit their recommendations to the city council. In the absence of a planning commission, the city council shall act as planning commission.
(Ord. 214 § 1, 2012.)
No required final or parcel map shall be filed with the city without the written and notarized consent of all parties with real property record title interest in the property to be subdivided.
(Ord. 214 § 1, 2012.)
All applicants for tentative maps and tentative parcel maps shall concurrently submit applications for all other related discretionary approvals, including, but not limited to, use permits, variances, rezonings, and General Plan amendments. While concurrent processing of other applications for the same parcel may occur, General Plan and Zoning Amendments must precede land divisions.
(Ord. 214 § 1, 2012.)
The council may waive certain requirements such as submittal of a geotechnical report, where there is no Map Act conflict or inconsistency. Application for any such waivers or modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. When requesting a waiver to the geotechnical report requirement, it must be demonstrated that there is sufficient existing information to document soil and slope stability, and the absence of seismic risks.
The planning commission shall first review the waiver (except for geotechnical report) or modification application and shall submit a recommendation for city council action.
Applications shall be processed in accordance with Zoning Ordinance variance procedures. Such application shall be filed with the tentative or parcel map application. The planning commission shall specifically and fully set forth the modification and the conditions designated.
The council shall find that the granting of the waiver or modification is consistent with the Zoning Ordinance and will not be detrimental to the public welfare or injurious to other property, and that:
1. 
There are unique circumstances or conditions affecting the property relative to size, shape or topography; or
2. 
The waiver or modification will improve the overall subdivision design; or
3. 
The property is to be devoted to such use that it is impossible or impracticable in the particular case for full compliance; and
In all cases in which such modifications or waiver are authorized, the Council may apply conditions as it deems necessary.
(Ord. 214 § 1, 2012.)
Subdivisions are projects subject to environmental review in accordance with the California Environmental Quality Act (CEQA), State Guidelines, this title, city adopted rules and procedures, and where applicable the National Environmental Policy Act (NEPA).
(Ord. 214 § 1, 2012.)
A. 
No application, map, appeal or other requests for city action shall be considered filed without payment of the established fee or a deposit estimated to cover all of the city's costs. Fees and deposits shall be based upon the rates set by council resolution unless the fees and/or deposits have been waived by action of the council due to special circumstances or the applicant is a public entity exempted from payment of such fees.
B. 
The city shall prescribe and provide various application and appeal forms and all applications and appeals shall be made on such forms.
(Ord. 214 § 1, 2012.)
Whenever a public hearing is required by this title, notice of such public hearing shall be given by the city pursuant to Government Code Section 66452.2 including notification of surrounding property owners. The city clerk may give such additional notice as deemed advisable.
(Ord. 214 § 1, 2012.)
Except as may be limited by state law, any time limits specified by law may be extended by mutual consent of the subdivider and the city in accordance with the Map Act.
(Ord. 214 § 1, 2012.)