This title shall be known as and may be cited as the "subdivision
code of the city." The subdivision code is adopted to preserve, protect
and promote the public health, safety, convenience, prosperity and
general welfare. More specifically, the subdivision code is adopted
in order to achieve the following objectives:
A. To
implement the general plan of the city, and elements thereof, as adopted
by the city council;
B. To
provide lots and parcels of sufficient size and appropriate design
for the purposes for which they are to be used;
C. To
provide streets of adequate capacity for the anticipated vehicle traffic
which would utilize them, and to ensure that they are designed to
promote a safe and uncontested traffic circulation system;
D. To
accommodate new development in a manner which will preserve and enhance
the city's living environment, and to create attractive areas of development
through skilled subdivision design;
E. To
provide for water supply, sewage disposal, storm drainage, solid waste
pickup and other utilities and facilities which are required by conditions
of living and working in an urban environment;
F. To
ensure that the costs of providing public and private rights-of-way,
street and alley improvements, utilities and public areas and facilities
needed to serve new developments are borne fairly and equitably by
the subdivider and property owners in direct benefit rather than by
property owners of the city-at-large;
G. To
protect and enhance real property values;
H. To
coordinate development policies and regulations with those of the
county to ensure the unimpeded annexation and development of such
land that is logical, desirable and in accordance with goals, policies,
standards and proposals of the general plan of the city.
(Ord. 92-74)
A. The planning commission of the city is designated as the advisory agency referred to in the Subdivision Map Act for tentative maps and as required under subsection
B below, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions. The commission shall have such additional powers and duties with respect to subdivisions and parcel maps, and the procedure relating thereto as are prescribed by the Subdivision Map Act and by this code.
B. The
community development director or the city manager's designee is designated
as the advisory agency for tentative parcel maps where there are four
or less parcels created and no new street openings. The community
development director or the city manager's designee shall have the
authority to approve, conditionally approve, or disapprove these tentative
parcel maps. The community development director or the city manager's
designee may refer tentative parcel maps for areas with undefined
lotting patterns or maps that are subject to review and action under
the California Environmental Quality Act (CEQA) to the planning commission.
The planning commission shall constitute the advisory agency for such
referred tentative parcel maps and for any tentative parcel maps where
there is a new street opening or more than four new resultant parcels
are created. In such cases, the planning commission shall report their
findings to city council for action.
(Ord. 92-74; Ord. 96-135; Ord. 10-298 § 1)
No tentative map or tentative parcel map submitted to the city
pursuant to the provisions of this code shall either be considered
as having been accepted as complete, or reviewed or acted upon by
the planning commission or city council, until the requirements of
the California Environmental Quality Act (CEQA) Guidelines for environmental
assessment have been met.
(Ord. 92-74)
Subdivision maps shall conform to the zoning code of the city
with respect to uses of land, lot sizes and dimensions, and other
applicable regulations. When a proposed use or development of land
requires a zoning reclassification, conditional use permit, variance,
or other similar permit or entitlement under the zoning code, the
application for such permit or entitlement shall be considered prior
to, or concurrently with, the tentative map or the tentative parcel
map.
(Ord. 92-74)
A. The
provisions of this code shall not apply to any lot or lots forming
a part of a subdivision created and recorded prior to the effective
date of this title (4-25-92) unless those lots are hereafter proposed
for further subdivision. It is not intended by this code to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other laws or ordinances or with private restrictions placed upon
the property, be it by deed, covenant or other private agreements,
or with restrictive covenants running with the land. Only those improvement
standards, applicable at the time a tentative subdivision or parcel
map is first approved or later extended, shall be imposed.
B. The
provisions of this code shall not be applicable to:
1. The
financing or leasing of apartments, offices, stores or similar space
within apartment buildings, industrial buildings, commercial buildings,
mobilehome parks or trailer parks;
2. The
financing or leasing of any parcel of land, or any portion thereof,
in conjunction with the construction of commercial or industrial buildings
on a single parcel, unless the project is not subject to review under
other local agency ordinances regulating design and improvements;
3. The
financing or leasing of existing separate commercial or industrial
buildings on a single parcel;
4. Mineral,
oil or gas leases;
6. Activities
of the State Energy Resources Development and Conservation Commission
established pursuant to Division 15 (commencing with Section 25000)
of the
Public Resources Code;
7. Any
separate assessment under Section 2188.7 of the Revenue and Taxation
Code;
8. A
lot line adjustment between two or more existing 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, provided the lot line adjustment is approved by the
community development director or the city manager's designee.
C. This
section shall not apply to the construction, financing, or leasing
of dwelling units pursuant to Section 65852.1 or second units pursuant
Section 65852.2 of the
Government Code, but this section shall be
applicable to the sale or transfer (but not leasing) of those units.
(Ord. 92-74; Ord. 96-135; Ord. 10-298 § 1)
A separate map shall be prepared for each subdivision where
land is separated from other land in a parcel or holding by division
other than a street, highway, approved private road, alley, railroad
right-of-way, flood control right-of-way, canal or public utility
right-of-way.
(Ord. 92-74)
Control of the design of street improvements required for parcel
maps is vested with the public works director. Jurisdiction and approval
of tentative and final parcel maps where there are four or less parcels
created and no new street openings shall be vested with the community
development director or the city manager's designee. Jurisdiction
to approve tentative and final parcel maps where there are five or
more parcels and tentative and final subdivision maps is vested with
city council.
(Ord. 92-74; Ord. 10-298 § 1)
Whenever, by the provisions of this code, a power of authority
is given to, or where duty is imposed upon any public officer, it
may be exercised or performed by any deputy or departmental employee
authorized by him or her pursuant to law unless it is expressly provided
that it shall be exercised in person.
(Ord. 92-74)
This chapter is intended to comply with all the mandatory requirements
of the Subdivision Map Act. Accordingly, this title shall be interpreted
and applied to meet the mandatory requirements as presently adopted
or hereafter amended to avoid invalidating any of its provisions due
to preemption.
(Ord. 92-74)
For the purpose of this title the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. Words used in the present tense include the future tense.
Words used in the singular include the plural, and words used in the
plural include the singular. The masculine shall include the feminine
and the neuter.
"Alley"
means a public way permanently dedicated or reserved as a
secondary means of access to the rear or side of abutting property.
"Block"
means the properties abutting on one side of a street and
laying between the two nearest intersecting or intercepting streets,
railroad rights-of-way, unsubdivided land or watercourse.
"City"
means the city of Lathrop, California.
"Condominium"
means an estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together
with a separate interest in space in a residential, industrial or
commercial building on such real property, such as an apartment, office
or store.
"Cul-de-sac"
means a road which terminates in a permanent turn-around,
and which by design is not intended to continue beyond its terminal
point.
"Dedication"
means a transfer by a subdivider to the city, county or city
and county of title to real property or any interest therein, or of
an easement or right in real property, the transfer of facilities
or the installation of improvements, or any combination thereof.
"Environmental subdivision"
means a subdivision of land pursuant to the Subdivision Map
Act, as amended, for biotic and wildlife purposes that meets all of
the conditions specified in
Government Code Section 66418.2.
"Frontage"
means that portion of a parcel of property or lot which abuts
on a public street or road or on an approved private street.
"Frontage road"
means a road which parallels a freeway, expressway, highway
or arterial street, providing for access to abutting property or for
circulation, and which is separated from the freeway, expressway,
highway or arterial street by a median or dividing strip.
"Lot"
means a parcel of subdivided land under one or a common ownership
used or susceptible to be used in accordance with the regulations
of the zoning code and this title that are applicable to the area
in which the parcel is located.
Lot, Double Frontage or Through Lot.
"Through lot" or "double frontage lot" means a lot having
frontage on two roads and having the right of access to either one
or both of those roads, but excluding corner lots.
Lot, Reversed Corner.
"Reversed corner lot" means a corner lot, the street side
line of which is substantially a continuation of the front line of
the lot upon which it rears. A corner lot is not a reversed corner
lot where it is separated by an alley from the lot upon which it rears.
"Oath"
shall mean affirmation.
"Official plan line"
means a precise location for the right-of-way of a future
street or the future expansion of an existing street as shown on any
specific plan or map adopted as such by the city or by the county.
"Original parcel"
means a contiguous area of land at the time of division,
in one or a common owner-ship, any portion or all of which is proposed
to be divided under this code.
"Outlot"
means a lot designated alphabetically on the subdivision
map for specific use or non-use.
"Person"
means any individual, firm, copartnership, joint venture,
association, corporation, estate or any group or combination acting
as a unit, including the plural as well as the singular number.
"Planning director"
means the designated head of the city planning department
or the community development director or the city manager's designee.
"Planting strip"
means any strip of land within a public right-of-way intended
to be planted with trees, shrubs, ground cover, lawn or other type
of ornamental vegetation.
"Remaining parcel"
means that portion of a subdivision designated on the tentative
subdivision map or tentative parcel map, which is not being subdivided
for the purpose of sale, lease or financing. Such parcels are commonly
designated as being "not a part" of the tentative map.
"Reserve strip"
means a strip of property not less than one foot in width
and contiguous to a public right-of-way for the purpose of regulating
access to part-width and dead-end or stubbed streets until such time
as such streets may be completed or extended. Procedurally, such offer
of dedication is rejected by the city in approving a tentative map
until an adjacent right-of-way is acquired by the city through subsequent
action of development.
"Shall"
is mandatory; "may" is permissive.
"Specific plan"
means a plan adopted by action of the city council in accordance with the provisions of Title 7, Division 1, Ch. 3, Art.
8 of the
Government Code, referred to as the "Planning and Zoning Law."
"Standard specifications"
means specifications of the city pertaining to the design
and installation of public improvements applicable at the time of
approving a tentative subdivision or tentative parcel map. Such standards
are maintained for the city by the city engineer.
Street, Arterial.
"Arterial street" means a street designated as an arterial
street by the general plan of the city or an element thereof; or by
a specific plan, which, because of its design and location with respect
to other streets, comprises part of the principal network for cross-town
traffic flow within the community and connects areas of major traffic
concentration.
Street, Collector.
"Collector street" means a street providing for traffic movement
between arterial and minor streets and for traffic movement within
major centers of activity. A collector street also provides for access
to abutting properties.
Street Minor.
"Minor street" means a street which provides for direct access
to abutting properties and for very localized traffic movements within
residential, commercial and industrial areas.
Street, Stubbed.
"Stubbed street" means a street having only one outlet for
vehicular traffic, and which is intended to be extended or continued
to serve future subdivisions or developments on adjacent land.
"Subdivision"
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 it is separated by roads, streets, utility easement or railroad
rights-of-way. "Subdivision" includes a condominium project, as defined
in subdivision (f) of California
Civil Code Section 1351 or the conversion
of five or more California
Civil Code Section 1351.
"Tentative map"
means a map for the purposes of showing the design and improvements
intended for a proposed subdivision, prepared in accordance with the
provisions of this code.
"Tentative parcel map"
means a map for the purposes of showing the design and improvement
for a proposed division of land as a parcel map, prepared in accordance
with the provisions of this code.
(Ord. 92-74; Ord. 01-191 § 27; Ord.
10-298 § 1)
Wherever a word or phrase used in the subdivision code is not
defined in the Subdivision Map Act or in this code, and unless it
appears otherwise from the context in which such word or phrase is
used, it shall be construed to be harmonious with the definition or
construction of such word or phrase as it may be used in the zoning
code in effect at the time.
(Ord. 92-74)
Pursuant to
Government Code Section 664l82 of the Subdivision Map Act, the city may process and approve an environmental subdivision as defined and described in Section 664l8.2 and in accordance with Sections
16.12.010,
16.16.010 and
16.20.010 of this code.
(Ord. 96-135)