This title shall be known as the "City of Live Oak Subdivision Ordinance."
(Ord. 539 § 1, 2011)
The provisions of this Subdivision Ordinance are intended to supplement the Subdivision Map Act, Sections 66410 et seq., of the California Government Code (hereafter referred to as the "Subdivision Map Act"). This Subdivision Ordinance is not intended to replace the Subdivision Map Act, and shall be used in conjunction with the Subdivision Map Act in the preparation of subdivision applications, and the review, approval and construction of proposed subdivisions.
The regulations contained in this title are determined to be necessary for the following:
A. 
Health and Safety. Preserve the public's health, safety and general welfare.
B. 
Growth and Open Space. Promote orderly growth and development and to promote open space, conservation and proper use of land.
C. 
Traffic, Other Services. Ensure provisions for adequate traffic circulation and other City services.
(Ord. 539 § 1, 2011)
This Subdivision Ordinance is adopted in compliance with the Subdivision Map Act as a "local ordinance" as the term is used in the Subdivision Map Act. All provisions of the Subdivision Map Act and future amendments to the Subdivision Map Act not incorporated in this Subdivision Ordinance shall apply to all subdivisions and proceedings under this Subdivision Ordinance.
(Ord. 539 § 1, 2011)
The provisions of this title apply to all subdivisions within the City of Live Oak and to the preparation of subdivision maps and to other maps provided for in the Subdivision Map Act and this title.
(Ord. 539 § 1, 2011)
A. 
In their interpretation and application, the provisions of this title shall be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
B. 
Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
C. 
Should any of the provisions of this title be found to be in conflict with the Subdivision Map Act or any other law or regulation of the State, the latter law or regulation shall apply.
D. 
The provisions of this title are separable. If a section, sentence, clause or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this title.
(Ord. 539 § 1, 2011)
A. 
City Approval Outside of the City. Tentative maps and tentative parcel maps for proposed subdivisions outside the City boundaries may be reviewed and approved according to procedures and subject to standards contained in this title, provided such approval is, among other conditions, subject to annexation of the property prior to filing of the final map or parcel map.
B. 
Approval by Sutter County. Any tentative map or tentative parcel map that is approved by Sutter County for which the final map or parcel map is not filed for record before the area in which it is located is annexed into the City shall be subject to all the procedures and regulations of the City as of the effective date of annexation.
(Ord. 539 § 1, 2011)
The following subdivisions do not require the filing or approval of tentative, parcel or final maps:
A. 
The subdivisions listed in the Subdivision Map Act Sections 66412, 66412.1, 66412.2 and 66412.5; and
B. 
Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of the regulations of this Subdivision Ordinance to those short-term leases.
(Ord. 539 § 1, 2011)
The City Council may establish fees for processing applications and appeals pursuant to this title including, but not limited to, reviewing and processing applications, checking plans and inspecting improvements.
(Ord. 539 § 1, 2011)
The following provides the responsibilities and decision authority for implementation of this Subdivision Ordinance:
A. 
City Council. Is designated as the "legislative body" as used in the Subdivision Map Act. As such the City Council shall act as the approval body for reversions to acreage, final maps, parcel maps, which include dedications, major amendments or correction to final maps and parcel maps, appeals and notices of violation.
B. 
Planning Commission. Is designated as the "advisory agency" as used in the Subdivision Map Act. The Commission shall either approve, conditionally approve or deny tentative maps (vesting or otherwise), tentative parcel maps, major modifications to tentative maps and tentative parcel maps, time extensions and has the authority to permit exceptions to the subdivision design standards of this title that are in accordance with the provisions of Chapter 16.48.
C. 
Community Development Director and City Engineer (Combined). Have the authority to approve lot line adjustments, approving, approving with conditions or denying certificates of compliance and minor modifications to tentative maps and tentative parcel maps, and otherwise administer and enforce the provisions of Live Oak Subdivision Ordinance and the Subdivision Map Act.
D. 
City Engineer. Responsible for processing final maps and parcel maps and reviewing and determining minor modifications to final maps and final parcel maps.
E. 
Community Development Director. Shall be responsible for providing all application forms and for processing tentative map and tentative parcel map applications.
(Ord. 539 § 1, 2011)