This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the City of Waterford."
(Ord. 08-01 §1, 2008)
The purpose of these regulations, and the intent of the city in their adoption, is as follows:
A. 
To secure compliance with the city of Waterford Zoning Ordinance, and to provide policies, standards, requirements and procedures to regulate and control the design and improvement of all subdivisions within the city;
B. 
To assist in implementing the objectives, policies and programs of the general plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the general plan and all applicable specific plans of the city;
C. 
To preserve and protect, to the maximum extent possible, the unique and valuable natural resources and amenities of the city's environment, including topographic and geologic features, open space lands, the Tuolumne River, natural and manmade waterways, recreational areas, fish and wildlife habitats, historical and cultural places and scenic vistas and attractions; and, to maximize the public's access to and enjoyment of such resources and amenities through the dedication or continuance of applicable easements thereto;
D. 
To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities, utilities and open space;
E. 
To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
F. 
To provide streets of adequate capacity and design and to ensure maximum safety for pedestrians and vehicles;
G. 
To ensure adequate access to each building site;
H. 
To provide sidewalks, and where needed, pedestrian ways, bike paths, and equestrian and hiking trails for the safety, convenience and enjoyment of the residents of new developments;
I. 
To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities needed for the public health, safety and convenience;
J. 
To provide adequate sites for public facilities needed to serve the residents of new developments;
K. 
To ensure that the costs of providing land for streets, alleys, pedestrian-ways, easements, and other rights-of-way, and for the improvements needed to serve new developments, are the responsibility of the subdivider;
L. 
To prevent land which is actually or potentially dangerous by reason of flood hazard, inundation, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities, hazardous geological conditions, or critical soil conditions from being subdivided for any use or in any manner tending to create an increased detriment to the public health, safety or welfare;
M. 
To ensure that, insofar as possible, land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the general plan;
N. 
To reduce the hardships on tenants displaced when multi-residential buildings are converted to condominium projects and to protect the purchasers of dwelling units in such condominium projects;
O. 
Further, it is the purpose of this title to encourage new concepts and innovations in the arrangement of building sites within subdivisions. Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technological progress;
P. 
To promote sustainable development within the city and implement "new urbanism" concepts where appropriate.
(Ord. 08-01 §1, 2008)
This title shall apply to the subdivision, reconfiguration and consolidation of land within the city.
(Ord. 08-01 §1, 2008)
These regulations are adopted pursuant to the Subdivision Map Act (Title 7, Division 2, Government Code) as a "local ordinance" as the term is used in the Act and are supplemental to the provisions thereof. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall, nevertheless, apply to all subdivision, subdivision maps and proceedings under these regulations.
(Ord. 08-01 §1, 2008)
In all respects a subdivision will be considered in relation to the general plan or sections thereof.
A. 
A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the planning commission on such division of land.
B. 
Such report is not required for a proposed subdivision which involves: (1) the disposition of the remainder of a large parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonment for street and/or utility easement widening; or (3) alignment projects, provided that the planning commission expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonment for street widening, or alignment projects is of a minor nature.
(Ord. 08-01 §1, 2008)
All land zoned, in accordance with the Waterford Municipal Codes, as "R-3" (high density residential), "C" (commercial) or "I" (industrial) shall not be divided into lots or parcels of one-acre or less unless part of an approved master development plan for the site.
A. 
Purpose of Limitation. It is determined by the city of Waterford that premature subdivision of the limited amount of multifamily, commercial and industrial lands available within the city of Waterford can result in inefficient use of this limited land resource and may result in small parcels or lots that are not suitable for multifamily, commercial and industrial use.
B. 
The master development plan shall be subject to a development agreement and contain at least the following elements:
1. 
Development site plan showing buildings, elevations, parking areas;
2. 
Development plan for sewer, water and storm drainage and locations of any required on-site and off-site improvements necessary to implement this plan;
3. 
Phasing of construction and timing for the provision of necessary utilities and infrastructure;
4. 
Circulation and access plan; and
5. 
Other information that may be necessary to facilitate the ultimate development of the property proposed to be subdivided.
(Ord. 08-01 §1, 2008)
Neither the approval nor conditional approval of a subdivision map shall authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the Waterford Municipal Code or other applicable ordinances or regulations adopted by the city.
(Ord. 08-01 §1, 2008)
It is recognized that there are certain parcels of land of such dimensions, subject to such restrictions, so affected by physical conditions and devoted to such uses that it would be difficult or impractical for the subdivider to conform to the foregoing requirements.
A. 
Upon receipt of a complete application and fee for a subdivision exception, as provided by the planning department, the planning commission (or on appeal to the city council) will consider exceptions from the foregoing requirements, when the following findings are made:
1. 
That because of special circumstances applicable to the subdivision, including size, shape, topography, location or surroundings, the literal application of this title would deprive the subdivision of privileges enjoyed by other properties in the vicinity; and
2. 
That under the circumstances of a particular case granting the exceptions, rather than the sections at issue in this title, actually carries out the intent of this title.
B. 
Any exception granted shall be subject to such conditions as will assure that the adjustments thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.
C. 
Adequate guarantees may be required to insure that any conditions imposed as a part of any approved exception shall be carried out as specified.
(Ord. 08-01 §1, 2008)
The planning commission is hereby designated as the advisory agency with respect to subdivisions as provided in the Subdivision Map Act of the state of California.
A. 
The planning commission shall have those powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and by this title.
B. 
In the case of a parcel map for which a variance from requirements of the Waterford Zoning Ordinance, an exception from the requirements of this title, or a use permit must be granted prior to the approval of the parcel map, or is applied for consideration concurrent with the tentative parcel map application, the planning commission shall serve as the advisory agency for the review of the tentative parcel map and the planning commission shall take all actions.
(Ord. 08-01 §1, 2008)
Fees for all applications, maps, appeals and other matters described in this title shall be paid at the time of submittal to the city for consideration in an amount prescribed by resolution of the Waterford city council.
(Ord. 08-01 §1, 2008)
A. 
The subdivider may appeal from any action of the staff or the planning commission within ten calendar days with respect to a tentative map to the commission or city council, as appropriate, as provided by Government Code Section 66452.5. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b).
B. 
Any interested person adversely affected by a decision of the staff or the planning commission may file a complaint with the planning commission or city council, as appropriate, concerning such decision. Any such complaint shall be filed with the planning commission secretary or city clerk, as applicable, within ten calendar days after the action which is the subject of the complaint and shall be accompanied by a filing fee in a sum to be established by the city council by resolution. The planning commission or city council, as applicable, shall have the authority to waive or refund such fee upon good cause being shown. The planning commission or city council may, in its discretion reject the complaint within fifteen calendar days or set the matter for public hearing. If the city council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted within thirty calendar days of filing as required by Subdivision Map Act Section 66452.5(a) and notice thereof given as provided by Government Code Section 66451.3 and by this title.
C. 
Notwithstanding the provision of subsections A and B of this section, any interested person may appeal any decision of the planning commission relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6 to the city council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b).
(Ord. 08-01 §1, 2008)