The regulations established by this title are designed to assist in the systematic implementation of the general plan, specific and community plans, the zoning ordinance, and other land use regulations, and to provide for public needs, health and safety, convenience and general welfare. Neither the approval nor conditional approval of the tentative map shall constitute or waive compliance with any other applicable provisions of the Municipal Code or other applicable ordinances or regulations adopted by the town, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the Municipal Code or other applicable ordinances or regulations adopted by the town. Nothing in these regulations shall be construed to permit the premature or haphazard subdivision of lands in violation of the applicable zoning and land use regulations.
Nor shall anyone limit or prohibit otherwise allowable land uses in residential subdivisions, whether through covenants, conditions and restrictions or otherwise, without first obtaining the prior written approval of the town council after input from the planning commission, which approval shall only be given if the commission and council find that such limitation has no impact on the town's desire to preserve its rural nature, or that such an impact is warranted in the particular instance, because the benefits of such limitation outweigh the adverse effects.
(Ord. 185 § 1, 1998; Ord. 227 § 1, 2006)
It is the purpose of this title to regulate and control the division of land within the town 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 by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the town 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 of the town.
(Ord. 185 § 1, 1998)
For the purposes of this title the following definitions shall apply:
means a public way, other than a street or highway, providing a secondary means of vehicular access to abutting property.
See definitions of "lot."
means the California Environmental Quality Act, Public Resources Code Section 21000, et seq.
means a certificate issued by the planning director in compliance with Section 14.64.020 of this title and the Subdivision Map Act.
means the planning commission of the town of Loomis.
means the council of the town of Loomis.
means the county of Placer.
mean standards for the design and construction of development improvements.
means the director of the planning department of the town of Loomis, or the duly authorized representative of the director.
means the director of the public works department of the town of Loomis, or the duly authorized representative of the director.
means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the tree.
means a group of rooms or a single room with kitchen facilities occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, irrespective of the age of the occupant or occupants.
means an environmental impact report prepared pursuant to the requirements of CEQA, Public Resources Code Sections 21000, et seq.
means showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be filed for recordation in the office of the county recorder.
means such fire hydrants and other protective measures as may be reasonably required by the fire marshal of the appropriate fire protection district for protection of property to be located within the town.
means a hazard to land or improvements due to seasonal inundation or to overflow water having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of water courses.
means a highway defined as a "freeway" in Section 23.5 of the Streets and Highways Code of the state of California.
means a street lying adjacent and approximately parallel to and separated from a freeway or other public street and which affords access to abutting property.
means the general plan of the town.
means a hazard inherent in the crust of the earth, or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.
means ponded water or water in motion of sufficient depth to damage property due to the presence of the water or to deposits of alluvium.
means a parcel or portion of land which is separated from other parcels or portions by description, as on a recorded subdivision, parcel or record of survey map, or by metes and bounds, for purpose of sale, lease, financing or separate use.
means the relocation of an interior lot line between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.
means the joining of two or more contiguous parcels of land under one ownership into one parcel.
means any area designated, designed or usable for the occupancy of one mobilehome on a temporary, semi-permanent or permanent basis.
means a building or portion thereof designed for occupancy by three or more families living independently of each other, but under one roof.
means the Loomis Municipal Code.
means a negative declaration prepared pursuant to the requirements of CEQA, Public Resources Code Section 21000 et seq.
See tentative map as defined in this section.
means a map showing a subdivision of four or less residential parcels, or an industrial, or commercial subdivision as required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be filed for recordation in the office of the county recorder.
means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrianway may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.
means a subdivision consisting of one or more planned developments as this term is defined in Business and Professions Code Section 11003.
means the director of the planning and building department of the town, or the duly authorized representative of the director.
means a modification to an approved tentative map or conditions for which a request is filed after approval of the tentative map.
means a private easement for road purposes over a parcel of land which is proposed to be or has been granted to the owners of property contiguous or adjacent thereto which intersects or connects with a public street, or a private street; in each instance the instrument creating such easement shall be or shall have been duly recorded or filed in the office of the county recorder.
means any street, highway, alley, pedestrianway, equestrian or hiking trail, biking path, channel, viaduct, subway, tunnel, bridge, easement, right-of-way or other way in which the public has a right of use.
means a tentative map filed for approval under Section 14.20.070 showing revised arrangement of the streets, alleys, easements or lots or a modification of the boundary of property for which a tentative map has been previously approved.
means that portion of a right-of-way for a street, highway or alley designed or used to accommodate the movement of motor vehicles.
means a detached building designed exclusively for occupancy by one family.
The term "specific plan" means and includes any community plan, a plan for a specific portion of the town or a plan for a specific municipal function of the town which has been approved by the planning commission and adopted by the town council.
"Collector street" means a street which collects and distributes vehicular traffic moving between major streets and minor streets and which generally provides direct access to abutting properties.
"Cul-de-sac street" means a street which is designed to remain permanently closed at one end with the closed end terminated by a vehicular turnaround. For the purposes of these regulations, the length of a cul-de-sac street shall be measured from the center line of the intersecting street along the center line of the cul-de-sac to the center of the radius of the turnaround.
"Major street" means a street carrying the vehicular traffic of minor and collector streets to and from freeways, the central business district and other major streets, with protected intersections at grade; and generally providing direct access to abutting property.
"Minor street" means any street other than a collector street, major or freeway providing direct access to abutting property and serving local as distinguished from through traffic.
means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if separated by roads, streets utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of Civil Code or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Subdivision includes any division of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.
means the Subdivision Map Act of the State of California, Government Code Sections 66410 et seq., inclusive, as that Act currently provides or is subsequently amended.
means a request by a subdivider for modifications to the requirements or standards imposed by these subdivision regulations filed prior to the approval of the tentative map.
means a committee comprised of the director of public works, the town engineer and the planning director, or their designees.
means a map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it. Tentative map shall include a tentative map prepared in connection with the parcel map pursuant to the provisions of Chapter 14.28.
means the town engineer of the town, or the duly authorized representative of the town engineer.
means a detached building designed exclusively for occupancy by two families living independently of each other, but under one roof.
means the right or easement for vehicular access of owners or occupants of abutting lands to a public way.
means a tentative map which shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed, in accordance with Chapter 14.32, and is thereafter processed in accordance with these provisions.
means such water supply and distribution facilities as are necessary to provide a reliable and adequate water supply for appropriate residential, commercial and industrial use and for public and private fire protection purposes.
means the zoning ordinance of the town, Ordinance No. 36, and revisions thereto.
(Ord. 185 § 1, 1998; Ord. 207 § 39, 2003; Ord. 214, 2004)
A.
The town council shall be responsible for:
1.
The approval, conditional approval or denial of vesting tentative maps and requests for extensions of time for vesting tentative maps; and
2.
The approval of final maps; and
3.
The approval of improvement agreements for all subdivisions; and
4.
The approval of lot line adjustments when part of a vesting tentative map approval. The town council shall act as the appeal board for hearing appeals of planning commission action as provided in this chapter. The planning commission shall also act as the appeal board for hearing appeals of subdivision review committee action as provided in this chapter.
B.
Planning Commission. The planning commission shall be responsible for:
1.
The approval, conditional approval or denial of nonvesting tentative maps and subdivision modifications for all subdivisions;
2.
The approval, conditional approval or denial of all subdivision modifications;
3.
Making recommendations to the town council on approval, conditional approval or denial of vesting tentative maps; and
4.
The approval or denial of requests for extensions of time for tentative maps other than vesting tentative maps; and
5.
The approval, conditional approval or denial of lot line adjustments and mergers of contiguous parcels under common ownership without reversion where a lot line adjustment or a merger is sought as part of a development project requiring approval of one or more entitlements by the planning commission or town council.
The planning commission shall act as the appeal board for hearing appeals of planning director action as provided in this chapter. |
C.
Subdivision Review Committee. The responsibilities of the subdivision review committee shall include the following:
1.
To make investigations and report on the design and improvement of all proposed subdivisions and to make recommendations thereon to the planning commission;
2.
To recommend approval, conditional approval or disapproval of the design of proposed subdivisions and the kinds, nature and extent of on-site and off-site improvements required in connection therewith;
3.
To recommend approval, conditional approval or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative map;
4.
To recommend modifications of the requirements of these regulations in accordance with the provisions of Chapter 14.48 (Subdivision Modifications);
5.
To recommend disapproval of a tentative map for noncompliance with the requirements of these regulations, the Subdivision Map Act, or the standards, rules or regulations adopted by the commission pursuant to these regulations;
6.
To review and make recommendations at its discretion concerning proposed subdivisions adjacent to the town limits, either within the unincorporated territory of the county of Placer or within the city of Rocklin in accordance with Section 66453 of the Subdivision Map Act when it has elected to do so;
7.
To review and make recommendations for reasonable modifications or waivers of the requirements of these regulations as they apply to the development of designated infill sites;
8.
Such additional powers and duties as prescribed by law and by these regulations;
9.
Planning Director. The planning director shall be responsible for the approval, conditional approval or denial of lot line adjustments and mergers of contiguous parcels under common ownership without reversion; provided, that if the lot line adjustment or merger is sought as part of a development project requiring approval of one or more entitlements by the planning commission or town council, the planning commission or town council shall act upon the lot line adjustment or merger.
(Ord. 185 § 1, 1998)