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. 
Pursuant to the authority conferred by Title 7, Division 2 of the Government Code cited as the "Subdivision Map Act," and in addition to any other regulations provided by law, the regulations contained in this code are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the city, and to the preparation, filing and approval of maps.
B. 
The provisions of this code are supplemental to the provisions of the Subdivision Map Act. Except as otherwise provided, all terms used herein, which are defined in the Subdivision Map Act, shall have the same meaning as described thereto in the Act, and as the Act may hereafter be amended.
(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)
A. 
A subdivision map or parcel map shall conform to the principles and standards of the general plan, and the elements thereof with respect to population and housing densities and distribution, locations and sizes of public areas, rights-of-way and improvement of streets and ways, and such other applicable provisions of the general plan. In the absence of a specific plan or official plan line, the alignments of arterial and collector streets shall conform approximately with those alignments shown on the general plan diagram and as may be described in the transportation and circulation section of the community development element thereof.
B. 
A subdivision or parcel map shall conform with plans for streets, public areas and other projects adopted by the city council as a specific plan. A subdivision or parcel map shall conform with plans for the widening or extension of streets adopted by the city council as official plan lines.
(Ord. 92-74)
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;
5. 
Land dedication for cemetery purposes under the Health and Safety Code of the state;
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. 
Two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or city ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner. No further proceedings under the Subdivision Map Act or this code shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them.
B. 
Two or more contiguous parcels held by the same owner shall be deemed merged if any one of the parcels does not conform to standards for minimum parcel size under the city's zoning code, and if all the following requirements are satisfied:
1. 
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit;
2. 
With respect to any affected parcel, one or more of the following conditions exists:
a. 
Comprises less than 5,000 square feet in area at the time of the determination of the merger,
b. 
Was not created in compliance with applicable laws and ordinances in effect at the time of its creation,
c. 
Does not meet current standards for sewage disposal and domestic water supply,
d. 
Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,
e. 
Its development would create health or safety hazards,
f. 
Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
3. 
For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. This provision shall not apply if one of the following conditions exists:
a. 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the city;
b. 
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the city.
c. 
For purposes of subsections (B)(3)(a) and (b) above, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells or other similar commercial mining activity.
C. 
The procedure for determining when a merger becomes effective, qualification for exceptions, determination of merger status and other procedures required shall be in accordance with the provisions of Sections 65411.1l through 65451.21 of the Subdivision Map Act.
(Ord. 92-74)
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.
"City council" and "council"
mean the city council of the city of Lathrop.
"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 commission" and "commission"
mean the planning commission of the city.
"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.
"Secretary to the planning commission" and "secretary"
means the secretary to the planning commission of the city.
"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)
A. 
Any application made pursuant to this title, including, but not limited to, lot line adjustment, ten-tative parcel map, and tentative map applications, that have been disapproved or denied by the city, shall not be resubmitted as a new application within 12 months from the date of disapproval or denial.
B. 
Notwithstanding the provisions of subsection A of this section, any application made pursuant to this title that has been disapproved or denied, may be resubmitted as a new application at any time after the date of disapproval or denial, provided that the disapproval or denial was made "without prejudice." Any such new application shall meet all minimum requirements set forth by this chapter and any applicable sections of the city of Lathrop Municipal Code.
C. 
Unless otherwise stated, any disapproval or denial shall be deemed disapproved or denied with prejudice.
(Ord. 98-164)