This division shall be known as the "City of Stockton Subdivision Ordinance," hereafter referred to as "this Subdivision Ordinance."
(Prior code § 16-610.010)
The provisions of this Subdivision Ordinance are intended to supplement and implement the Subdivision Map Act, Sections 66410 et seq., of the California Government Code (hereafter referred to as the "Map Act"). This Subdivision Ordinance is not intended to replace the Map Act, and shall be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and construction of proposed subdivisions.
(Prior code § 16-610.020)
This Subdivision Ordinance is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Subdivision Ordinance shall apply to all subdivision maps and proceedings under this Subdivision Ordinance.
(Prior code § 16-610.030)
A.
Subdivision Approval Required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 16.184 (Requirements to File Subdivision Maps), and all other applicable provisions of this Subdivision Ordinance.
B.
Application. This Subdivision Ordinance shall apply to all, or parts of subdivisions within the City.
C.
Conflicts With Map Act. In the event of any conflicts between the provisions of this Subdivision Ordinance and the Map Act, the Map Act shall control.
D.
Compliance With Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize:
1.
A lack of conformity with the General Plan and any master development plan, specific plan, or precise road plan.
2.
An exception or deviation from any zoning regulation in this Development Code; or
3.
An approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.
E.
References to the Map Act. Where this Subdivision Ordinance references applicable provisions of the California Subdivision Map Act, the reference shall be interpreted to be to the applicable Map Act provisions as they may be amended from time to time. Map Act section numbers provided in references to the Map Act are for the convenience of readers, are current only as of the most recent Development Code amendment, and may be superceded by more recent Map Act amendments.
(Prior code § 16-610.040)
The Director and City Engineer are authorized and directed to administer and enforce the provisions of this Subdivision Ordinance and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Subdivision Ordinance.
(Prior code § 16-610.050)
Table 6-1 (Review Authorities for Subdivision Decisions) and the provisions of Chapter 16.212 (Administrative Responsibility) identify the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Subdivision Ordinance. Any reference to a City official or authority shall include their authorized representative(s).
TABLE 6-1 REVIEW AUTHORITIES FOR SUBDIVISION DECISIONS | |||||||
|---|---|---|---|---|---|---|---|
Type of Subdivision Application | Role of Review Authority | Reference | |||||
Director | City Engineer | Director of Municipal Utilities | Development Review Committee | Commission | Council | ||
Parcel Map Waivers | Recommend | Decision | Appeal | Appeal | Section 16.192.020 | ||
Tentative Maps | Recommend | Recommend | Decision | Appeal | Chapter 16.188 | ||
Tentative Parcel Maps | Decision | Recommend | Appeal | Appeal | Chapter 16.188 | ||
Tentative Map Time Extensions | Recommend | Recommend | Decision | Appeal | Section 16.188.100 | ||
Tentative Parcel Map Time Extensions | Decision | Recommend | Appeal | Appeal | Chapter 16.188 | ||
Parcel Maps—4 or fewer parcels | Decision | Recommend | Appeal | Appeal | Chapter 16.192 | ||
Final Maps—5 or more parcels | Recommend | Decision | Chapter 16.192 | ||||
(Prior code § 16-610.060; Ord. 023-07 C.S. § 121; Ord. 2020-06-09-1501 C.S. § 32)
A.
Permit Issuance Prohibited. No commission, officer, or employee of the City shall issue any permit or certificate, or grant any approval necessary to develop any real property within the City, if it is known or suspected that the property was divided, or resulted from a division in violation of the Map Act (Section 66499.30).
B.
Remedies. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this Subdivision Ordinance or the Map Act shall be subject to the remedies provided in the Map Act (Sections 66499.32 through 66499.34).
C.
Notice of Violation. Whenever the City Engineer has received information from any source that real property has been divided in violation of the Map Act or this Subdivision Ordinance, the City shall take the actions described in the Map Act (Section 66499.36).
(Prior code § 16-610.070)