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Oroville, California
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PLANNING DEPARTMENT

1735 Montgomery Street, Oroville, CA. 95965
Phone (530) 538-2430
Fax (530) 538-2426
Jo Sherman, Planning Manager



CHAPTER 23

SUBDIVISIONS

Article I. Purpose of Chapter.

Section 23-0. Designated.

Article II. General Provisions.

Section 23-1. Purposes.
Section 23-2. Limitations.
Section 23-3. Exceptions.
Section 23-4. Public notice.
Section 23-5. Violation - Misdemeanor.

Article III. Definitions.

Section 23-6. Generally.
Section 23-7. Access, approved.
Section 23-8. Access rights.
Section 23-9. Advisory agency.
Section 23-10. Alley.
Section 23-11. Appeal board.
Section 23-12. Certificate of compliance.
Section 23-13. Cul-de-sac.
Section 23-14. Dedication.
Section 23-15. Design.
Section 23-16. Frontage.
Section 23-17. Frontage, double.
Section 23-18. Frontage road.
Section 23-19. General plan.
Section 23-20. Improvement.
Section 23-21. Lot.
Section 23-22. Lot, corner.
Section 23-23. Lot depth.
Section 23-24. Lot, interior.
Section 23-25. Lot line, front.
Section 23-26. Lot line, rear.
Section 23-27. Lot lines.
Section 23-28. Lot width.
Section 23-29. Map, final subdivision.
Section 23-30. Map, final parcel.
Section 23-31. Map, preliminary.
Section 23-32. Map, tentative subdivisions.
Section 23-32a. Map, tentative parcel.
Section 23-33. Notice of violation.
Section 23-35. Pedestrian way.
Section 23-36. Public sanitary sewer facility.
Section 23-37. Public water supply.
Section 23-38. Right-of-way.
Section 23-39. Setback.
Section 23-40. Street, collector.
Section 23-41. Street, minor.
Section 23-42. Street, private.
Section 23-43. Street, public.
Section 23-44. Strip, dividing.
Section 23-45. Subdivider.
Section 23-46. Subdivider statement.
Section 23-47. Subdivision.
Section 23-48. Subdivision Map Act.
Section 23-49. Thoroughfare.

Article IV. Subdivision Maps.

Section 23-50. When a subdivision map is required.
Section 23-51. Filing a tentative subdivision map.
Section 23-52. Time of filing.
Section 23-53. Review of tentative subdivision maps.
Section 23-54 Advisory agency action.
Section 23-55. Mandatory disapproval.
Section 23-56. Appeals.
Section 23-57. Expiration of time.
Section 23-58. Extension of approval.
Section 23-59. Final subdivision map.
Section 23-60. Recording of final subdivision map.
Section 23-61. Preliminary soil report or waiver.
Section 23-62. Release of security.
Section 23-63. School site dedications.
Section 23-64. Amendment.

Article V. Parcel Maps.

Section 23-65. When a parcel map is required.
Section 23-66. When a parcel map is not required.
Section 23-67. Filing a tentative parcel map.
Section 23-68. Time of filing.
Section 23-69. Review of tentative parcel maps.
Section 23-70. Advisory agency action on application for parcel maps.
Section 23-71. Parcel map improvement.
Section 23-72. Disapproval of application.
Section 23-73. Advisory agency disapproval.
Section 23-74. Expiration of time and extension of time.
Section 23-75. When parcel maps may be waived.
Section 23-76. Conditions of waiver.
Section 23-77. Appeal.
Section 23-78. Final parcel maps.
Section 23-79. Recording of parcel map.
Section 23-80. Amendment.

Article VI. Design Standards.

Section 23-81. Compliance required.
Section 23-82. Minimum lot width.
Section 23-82. Minimum lot depth.
Section 23-84. Double frontage lots.
Section 23-85. Access to public resources.
Section 23-86. Grading.
Section 23-87. Trees.
Section 23-88. Streets and highways.
Section 23-89. General plan street pattern design.
Section 23-90. General plan public streets required.
Section 23-91. Dedication of access rights along thoroughfares.
Section 23-92. Dedication of access rights - Other streets
Section 23-93. Alleys.
Section 23-94. Provision for future extension.
Section 23-95. Cul-de-Sac streets.
Section 23-96. Minimum street widths.
Section 23-97. Street alignment.
Section 23-98. Street intersection offset.
Section 23-99. Street intersection alignment.
Section 23-100. Bicycle paths.
Section 23-101. Pedestrian ways.
Section 23-102. Easements.
Section 23-103. Dedications.
Section 23-104. Reservations.
Section 23-105. Public improvements.

Article VII. Violations and Certificates of Compliance.

Section 23-106. Illegally created parcels.
Section 23-107. Notice of violation.
Section 23-108. Hearings and notices.
Section 23-109. Recordation of notice of violation not exclusive remedy.
Section 23-110. Certificate of compliance.
Section 23-111. Action by advisory agency on request for certificate of compliance.
Section 23-112. Conditional issuance of certificate of compliance.
Section 23-113. Content of certificate of compliance.
Section 23-114. Denial of certificate of compliance.
Section 23-115. A recorded subdivision or parcel map as compliance.
Section 23-116. Appeal.
Section 23-117. Prior right.

Article VIII. Reversions to Acreage

Section 23-118. General.
Section 23-119. When a reversion to acreage by final subdivision map may be filed by the property owners.
Section 23-120. When a reversion to acreage may be filed by others.
Section 23-121. Actions on reversions to acreage by final subdivision map.
Section 23-122. Hearing by city council.
Section 23-123. Return of fees, deposits, release of securities.
Section 23-124. Filing final subdivision map for reversion to acreage.
Section 23-125. When a reversion to acreage by parcel map may be filed.
Section 23-126. Filing fees.
Section 23-127. Actions on reversions to acreage by parcel map.
Section 23-128. Hearing by advisory agency.
Section 23-129. Hearing by the city council.
Section 23-130. Filing parcel map for reversion to acreage.
Section 23-132. Recordation.

Article IX. Boundary Line Modification.

Section 23-133. Repealed.
Section 23-134. Repealed.
Section 23-135. Application.
Section 23-136. Maps.
Section 23-137. Criteria.
Section 23-138. Recording boundary line modification.
Section 23-139. Repealed.
Section 23-140. Repealed.

Article X. Vesting Tentative Maps.

Section 23-143. General provisions.
Section 23-144. Procedures.
Section 23-145. Development rights.
Sections 23-146-23-174. Reserved.

Article XI. Severability.

Section 23-175. Severability.

ARTICLE I. PURPOSE OF CHAPTER.

Section 23-0. DESIGNATED.

(a) This chapter is enacted to facilitate and insure steady growth and orderly development of lands in the incorporated city.

(b) This chapter shall implement the objectives established for the development of the city in conformance with its general plan, and such specific master plans as may be adopted. A proposed subdivision or land division shall be considered in relation to such plans.

(c) This chapter shall provide standards governing the surveys, designs and improvements of subdivisions; and the submission of maps, plans and specifications for the construction of improvements.

(d) This chapter shall provide for a resolution governing standards for, and the construction and installation of, streets, roads, highways, public utilities and other improvements. The resolution shall provide fee schedules and services rendered by the city.

(e) This chapter shall provide for the creation of reasonable building sites by establishing adequate road
widths, proper alignment of roads, adequate lot sizes, and means of ingress and egress to and from the property.

(f) This chapter shall control the division of land which is subject to inundation by flooding from natural
streams or artificial ponding caused by man, and other detrimental influences which may cause land to be unsuitable for satisfactory development.

(g) This chapter shall control the division of land which may be subject to dangerous or unsuitable soil
conditions of any type, or subject to any other impediments affecting the use of the land for human habitation.

(h) This chapter shall provide rules and regulations governing the contents of tentative and final subdivision maps, land division and parcel maps; it shall establish methods for the processing and filing of the maps and regulate other related matters. (Ord. No. 1305, (part).)

ARTICLE II. GENERAL PROVISIONS.

Section 23-1. PURPOSES.

In the interest of protecting the health, safety and general welfare of the people of the City of Oroville, this chapter has as its purposes:

(1) To effectuate the California Subdivision Map Act;

(2) To effectuate the general plan and specific plans of the city relative to the subdivision of land;

(3) To regulate, by local ordinance, those matters of land division and boundary line modification not governed by the Subdivision Map Act. (Ord. No. 1305, (part).)

Section 23-2. LIMITATIONS.

This chapter shall be inapplicable to:

(1) The financing or leasing of apartments, offices, stores or similar space within apartment buildings,
industrial buildings, commercials buildings, mobile home parks or trailer parks;

(2) Mineral, oil or gas leases;

(3) Land dedicated for cemetery purposes under the Health and Safety Code of the state. (Ord. No. 1305, (part).)

Section 23-3. EXCEPTIONS.

The acting body in an action relative to a matter before it may authorize conditional exceptions to any of the requirements and regulations relative to the design of a subdivision.

(1) Application for any such exemption shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property:

(a) That there are special circumstances or conditions of topography or size or shape or location affecting the property;

(b) That the granting of the exception will not be detrimental to the public welfare or injurious to other
property in the territory in which the property is situated.

(2) Appeals. All determinations of the advisory agency may be appealed to the City Council. (Ord. No. 1305, (part).)

Section 23-4. PUBLIC NOTICE.

When a map is filed for the division of land, notice shall be sent to the owners of parcels abutting the parcel to be divided, as well as to the owners of parcels whose substantial property rights may be affected, as determined by the director of public works. (Ord. No. 1305, (part).)

Section 23-5. VIOLATION - MISDEMEANOR.

Any violation of this chapter shall constitute a misdemeanor and shall be punished as provided by law. Each day a violation of this chapter continues shall be considered a separate offense. (Ord. No. 1305, (part).)

ARTICLE III. DEFINITIONS.

Section 23-6. GENERALLY.

All words used in the singular include the plural, and the plural the singular; each gender includes the other; and any tense includes the other tenses unless the context requires otherwise. The word "shall" is mandatory and the work "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 1305, (part).)

Section 23-7. ACCESS, APPROVED.

"Approved rights" means the right of vehicular travel to a public street, as shown on the final subdivision map or final parcel map and as approved by the director of public works. (Ord. No. 1305, (part).)

Section 23-8. ACCESS RIGHTS.

"Access rights" means the rights to vehicular and pedestrian entry onto a public street from private property. (Ord. No. 1305, (part).)

Section 23-9. ADVISORY AGENCY.

"Advisory Agency" means the City Planning Commission charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority under this chapter to approve, conditionally approve or disapprove maps. (Ord. No. 1305, (part).)

Section 23-10. ALLEY.

"Alley" means a public thoroughfare less than thirty feet in width, which affords only a secondary means of access to abutting property. (Ord. No. 1305, (part).)

Section 23-11. APPEAL BOARD.

"Appeal board" means the city council designated as the appeal board to hear appeals from actions of the advisory agency relating to parcel maps and subdivision maps, notices of violation and certificates of compliance. (Ord. No. 1305, (part).)

Section 23-12. CERTIFICATE OF COMPLIANCE.

"Certificate of Compliance" means a certificate recorded by the city which determines that the subdivision of real property complies with the provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. No. 1305, (part).)

Section 23-13. CUL-DE-SAC.

"Cul-de-sac" means a street which connects to other streets only at one end and having provision for a turnaround at its other end. (Ord. No. 1305, (part).)

Section 23-14. DESIGN.

"Design" means: (1) street alignments, grades and width; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire lanes; (5) lot size and configuration; (6) traffic access; (7) grading: (8) land to be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or an adopted specific plan of the city. (Ord. No. 1305, (part).)

Section 23-16. FRONTAGE.

"Frontage" means the portion of a parcel that abuts one side of a public street which allows primary access. (Ord. No. 1305, (part).)

Section 23-17. FRONTAGE, DOUBLE.

"Double frontage" means the situation of a lot having frontage on two public streets which do not intersect and having the right of access to both streets. (Ord. No. 1305, (part).)

Section 23-18. FRONTAGE ROAD.

"Frontage road" means a street which is approximately parallel to and adjacent to a major thoroughfare, or other important traffic facility to which access is limited and which provides access to abutting properties and separation from through and fast traffic. (Ord. No. 1305, (part).)

Section 23-19. GENERAL PLAN.

"General Plan" means the general plan of the city of any element, section or portion thereof. (Ord. No. 1305, (part).)

 

 

 

 

Section 23-20. IMPROVEMENT.

(1) "Improvement" refers to such street work and utilities to be installed or agreed to be installed, by the subdivider, either on site or off site, to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

(2) "Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or an adopted specific plan of the city. (Ord. No. 1305, (part).)

Section 23-21. LOT.

"Lot" means an area of land shown or to be shown on a recorded subdivision or parcel map. (Ord. No. 1305, (part).)

Section 23-22. LOT, CORNER.

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred twenty degrees and a minimum width of seventy feet. (Ord. No. 1305, (part).)

Section 23-23. LOT DEPTH.

"Lot depth" means a minimum horizontal distance between the front and rear lot line measured along the median between the two side lot lines. (Ord. No. 1305, (part).)

Section 23-24. LOT, INTERIOR.

"Interior lot" is a lot other than a corner lot. (Ord. No. 1305, (part).)

Section 23-25. LOT LINE, FRONT.

"Front lot line," in the case of an interior lot, means a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. (Ord. No. 1305, (Part).)

Section 23-26. LOT LINE, REAR.

"Rear lot line" means a lot line which is opposite and most distant from the front lot line. (Ord. No. 1305, (part).

Section 23-27. LOT LINES.

"Lot lines" means the line bounding a lot or parcel. (Ord. No. 1305, (part).)

Section 23-28. LOT WIDTH.

"Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line as established by the city Zoning Ordinance. (Ord. No. 1305, (part).)

Section 23-29. MAP, FINAL SUBDIVISION.

"Final subdivision map" means a map prepared by a registered civil engineer or licensed land surveyor and presented for recording, which conforms to an approved tentative subdivision map and with the Subdivision Map Act. (Ord. No. 1305, (part).)

Section 23-30. MAP, FINAL PARCEL.

"Final parcel map" means a map prepared by a registered civil engineer or a licensed land surveyor and presented for recording, which conforms to an approved tentative parcel map and with the Subdivision Map Act. (Ord. No. 1305, (part).)

Section 23-31. MAP, PRELIMINARY.

"Preliminary map" means a map submitted to the advisory agency for recommendations and comments prior to submission of a tentative map. (Ord. No. 1305, (part).)

Section 23-32. MAP, TENTATIVE SUBDIVISION.

"Tentative subdivision map" means a map presented to the advisory agency for approval of land divisions which require a final subdivision map. (Ord. No. 1305, (part).)

Section 23-32a. MAP, TENTATIVE PARCEL.

"Tentative parcel map" means a map presented to the advisory agency for approval of land divisions which require a final parcel map. (Ord. No. 1305, (part).)

Section 23-33. NOTICE OF VIOLATION.

"Notice of violation" means a certificate recorded by the city which determines that real property has been divided or has resulted from a division in violation of this chapter of the Subdivision Map Act. (Ord. No. 1305, (part).)

Section 23-34. PARCEL.

"Parcel" means an area defined by an approved parcel map, subdivision map or otherwise lawfully created parcel containing the minimum square footage and frontage as required by the zoning district at the time the parcel was created. (Ord. No. 1305, (part).)

Section 23-35. PEDESTRIAN WAY.

"Pedestrian way" means a way designated for use by pedestrians, equestrians and bicyclists, and not intended for use as a way for motor-driven vehicular traffic. (Ord. No. 1305, (part).)

Section 23-36. PUBLIC SANITARY SEWER FACILITY.

"Public sanitary sewer facility" means a sanitary sewerage facility provided by a government agency. (Ord. No. 1305, (part).)

Section 23-37. PUBLIC WATER SUPPLY.

"Public water supply" means a water supply provided by a local agency, publicly owned corporation, or approved utility company, subject to provisions of Health and Safety Code Sections 4010 through 4035. (Ord. No. 1305, (part).)

Section 23-38. RIGHT-OF-WAY.

"Right-of-way" means that portion of real property granted to the city to utilize said property for public
purposes. (Ord. No. 1305, (part).)

Section 23-39. SETBACK.

"Setback" means the distance between a building, structure or device, and the front lot line. (Ord. No. 1305, (part).)

Section 23-40. STREET COLLECTOR.

"Collector street" means a street to provide direct access to abutting property and to collect the traffic of minor streets. (Ord. No. 1305, (part).)

Section 23-41. STREET, MINOR.

"Minor street" means a street intended principally for access to the abutting property. (Ord. No. 1305, (part).)

Section 23-42. STREET, PRIVATE.

"Private street" means all ways designed for vehicular traffic which are not public streets. (Ord. No. 1305, (part).

Section 23-43. STREET, PUBLIC.

A street, highway, thoroughfare, road, avenue, boulevard, alley, court, circle or drive shall not be a
"public street" until and unless the street shall have been accepted into a street or road system maintained by a city, county or the state. Streets and roads in public parks, public airports, public schools and similar public grounds shall not be construed to be public streets for the purpose of this chapter. (Ord. No. 1305, (part).)

Section 23-45. SUBDIVIDER.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for other except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." (Ord. No. 1305, (part).)

Section 23-46. SUBDIVIDER STATEMENT.

"Subdivider statement" means a report disclosing purposes of the subdivision, ownership, dimensions, subdivision design, improvements, existing structures, public facilities, environmental features, topography and grading. (Ord. No. 1305, (part).)

Section 23-47. SUBDIVISION.

"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, except for lease of agricultural land for agricultural purposes. 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 Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. (Ord. No. 1305, (part).)

Section 23-48. SUBDIVISION MAP ACT.

"Subdivision Map Act" means the Subdivision map Act of the state and all amendments or additions thereto. (Government Code, Title 7, Division 2 Subdivisions, commencing with Section 66410.) (Ord. No. 1305, (part).)

Section 23-49. THOROUGHFARE.

"Thoroughfare" means an arterial street designed for the movement of fast or dense traffic in each direction. Thoroughfares are larger than collector streets but do not include expressways and freeways. (Ord. No. 1305, (part).)

 

 

ARTICLE IV. SUBDIVISION MAPS.

Section 23-50. WHEN A SUBDIVISION MAP IS REQUIRED.

(1) A tentative subdivision map and final subdivision map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil code, or a community apartment project containing five or more parcels, except where:

(A) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required; or

(B) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to maintained public street or highway; or

(C) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or

(D) Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.

(2) A preliminary map may be filed by the subdivider for consideration by the Department of Public Works and other affected departments prior to filing a tentative subdivision map. Such preliminary map may be considered without reference to any procedural requirements of this chapter. (Ord. No. 1305, (part).)

Section 23-51. FILING A TENTATIVE SUBDIVISION MAP.

Every subdivider shall file an application with the public works department and shall submit material which meets the requirements of the rules of the advisory agency as to form and content. Rules governing form and content shall provide for legibility and adequate scale and such information to insure adequate consideration of the following factors at all levels of review of the map: Purpose of the subdivision, ownership, including easements; dimensions, subdivision design, improvements, existing structures, public facilities, environmental features, topography and grading. (Ord. No. 1305, (part).)

Section 23-52. TIME OF FILING.

The time of filing a tentative map shall be fixed as the date when the director of public works determines that:

(1) All maps and information required by this chapter have been submitted, checked and accepted as complete; and (2) All environmental review requirements of CEQA, State Environmental Guidelines and the city have been completed; and (3) The required fees have been paid. If the director of public works determines that all requirements have not been satisfied, he shall, within five working days from the date of submission, notify the subdivider or his agent that additional data is required. (Ord. No. 1305, (part).)

Section 23-53. REVIEW OF TENTATIVE SUBDIVISION MAPS.

The director of public works shall prepare a written report to the advisory agency on a tentative subdivision map.

(1) This report shall consider the relationship of the map to the Subdivision Map Act, to this article, the Zoning Code, other city ordinances, the general plan and specific plans, comments of any other city department or government agency. The report shall also recommend conditions to be placed on the map.

(2) The director of public works shall mail a copy of his report to the subdivider or his agent or deliver in person at least five working days prior to any hearing or action on the map. Any changes in the report and additions shall be noticed in the same manner.

(3) Any maps, or amendments thereto, must be filed with the Department of Public Works at least ten calendar days prior to the meeting of the advisory agency. (Ord. No. 1305(part).)

Section 23-54. ADVISORY AGENCY ACTION.

A public review shall be held by the advisory agency on all tentative subdivision maps.

(1) At the public review, the advisory agency shall review the submitted tentative subdivision map, the report of the director of public works, the recommendations of any governmental agencies which are available, the comments and responses of the subdivider and of other interested parties.

(2) The advisory agency shall, within fifty days after the tentative map has been filed, unless extended by agreement with the subdivider, approve, approve with conditions or disapprove. In making its determination the advisory agency shall:

(A) Determine whether the design and improvements shown on the map conform to the requirements of the Subdivision Map Act, this chapter, city ordinances, improvement standards set forth by resolution of the City Council, the general plan, and specific plans of the city;

(B) Determine, based on the recommendation of Sewerage Commission-Oroville Region (SC-OR), whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violations of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the Water Code.

(3) Within five working days after the advisory agency has action on the map, the director of public works shall report the action in writing to the subdivider or person filing the tentative map, indicating any conditions of approval and including a copy of the approved tentative map, which decision shall be final

unless appealed to the City Council pursuant to section 23-56. A copy of the letter and map shall be retained in the files of the advisory agency for at least four years, after which the letter and map may be destroyed. (Ord. No. 1305, (part).)

Section 23-55. MANDATORY DISAPPROVAL.

(1) The advisory agency shall disapprove an application for a tentative subdivision map if it finds that the application is not consistent with the general plan.

(2) The advisory agency shall disapprove a tentative map if it determines:

(A) That the proposed subdivision is inconsistent with adopted specific plans;

(B) That the site is not physically suitable for the proposed density or type of development;

(C) That the design of the land division or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(D) That the design of the subdivision or the type of improvement is likely to cause serious public health problems

(E) That the design of the subdivision or the type or improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the advisory agency may approve an application if it finds that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easement of record or to easements established by judgment of a court of competent jurisdiction;

(F) That the proposed subdivision violates the provisions of this article and no exception has been granted;

(G) That the proposed subdivision violates the provisions of the Zoning Code as to area, setback or frontage requirements and no variance has been granted.

(3) Notwithstanding the above, paragraphs (1) and (2) (A) through (2) (E) are not applicable to the conversion of existing buildings into condominium projects unless new units are to be constructed or added. (Ord. No. 1305, (part).)

Section 23-56. APPEALS.

(1) Within fifteen days after the action by the advisory agency, any interested person may appeal to the City Council, any finding, action or condition imposed by the advisory agency by filing a notice of appeal with the clerk of the City Council. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. Upon the filing of an appeal the City Council shall set the matter for a hearing to be held within thirty days of the filing of the appeal. At the hearing of the appeal, the City Council shall consider the minutes of the advisory agency, the report of the director of public works and the staff report in addition to testimony presented at the hearing.

(2) The City Council may sustain, modify, reject or overrule any rulings of the advisory agency and make such findings as are not inconsistent with city ordinances or the Subdivision Map Act. Within ten days following the conclusion of the hearing the City Council shall render its decision on the appeal. (Ord. No. 1305, (part); Ord. No. 1388, §1.)

Section 23-57. EXPIRATION OF TIME.

The approval or conditional approval of a tentative subdivision map shall be valid for twenty-four months after its approval or conditional approval within which time the final map may be presented to the City Council for acceptance and recordation unless an extension is granted as provided in section 23-59. (Ord. No. 1305, (part); Ord. No. 1444, §1 (part).)

Section 23-58. EXTENSION OF APPROVAL.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the advisory agency for a period or periods not exceeding a total of three years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the city council within fifteen days after the advisory agency has denied the application. (Ord. No. 1305, (part); Ord. No. 1444, §1 (part).)

Section 23-59. FINAL SUBDIVISION MAP.

At any time before the expiration of an approved tentative subdivision map the subdivider may cause the subdivision or a logical part thereof to be accurately surveyed and a final map prepared and presented to the City Council for approval, provided:

(1) That the required fees have been paid.

(2) The subdivider has complied with the soils report requirement of this chapter.

(3) A preliminary title report has been submitted to the director of public works. At the discretion of the director of public works, an updated preliminary title report may be required.

(4) The subdivider has complied with the subdivision improvement agreement and bonding requirements adopted by the City Council. If the subdivider desires to submit security in lieu of a bond, such security shall be submitted to the City Council for approval not later than one week prior to submission of the final subdivision map.

(5) The subdivider has complied with the requirements of the tentative map.

(6) Each of the tenants of a proposed condominium or community apartment house project has been or will be given one hundred twenty days' written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.

(7) Each of the tenants of a proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the rights.

(8) A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided consenting to the preparation and recordation of the final map is required, except as follows:

(A) Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics liens, constitute a record title interest in land for the purpose of this chapter or local ordinance.

(B) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(C) Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map:

(1) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. If, however, the City Council determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. If the public entity or utility objects to either: (I) recording the final map without its signature; or (ii) the determination of the City Council that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the City Council within thirty days after receipt of the materials from the subdivider. If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within thirty days of filing its objection with the City Council. If the public entity or utility either: (I) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty days of filing its objection, to recording the map without its signature, the city may record the final map without such signature. If the public entity or utility files an objection to the determination of the City Council that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the City Council shall set the matter for public hearing to be held not less than ten nor more than thirty days after receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement. If the City Council finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of objector's right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider the final map may be recorded with or without the signature of the objector. If the City Council finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto. Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way easement.

(2) Rights-of-way easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain, a statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

(3) Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

 

(D) Real property originally patented by the United States or by the state, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the state thereto or to dedications made thereon. (Ord. No. 1305, (part).)

Section 23-60. RECORDING OF FINAL SUBDIVISION MAP.

Upon approval of the final subdivision map and payment of map-checking fees, the map shall be transmitted to the county recorder as specified in Sections 66464 through 66468 of the Government Code for recording. (Ord. No. 1305, (part).

Section 23-61. PRELIMINARY SOIL REPORT OR WAIVER.

Soils reports shall be provided as follows:

(1) Preliminary Soil Report. Prior to the submission of a final map for advisory agency approval, the subdivider shall file a preliminary soil report with the department of public works. The report shall be prepared by a civil engineer who is registered by the state, based upon adequate test boring or excavations, in the subdivision. The preliminary soil report may be waived if the department of public works shall determine that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary. The determination shall be in writing and be made part of the data accompanying the final map.

(2) Soil Investigation. If the preliminary soil report indicates the presence of critically expansive soils or other soil problem which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the department of public works.

(3) Approval of Soil Investigations. The department of public works shall approve the soil investigation if it determines that the recommended corrective action is likely to prevent structural damage to each dwelling to be constructed on each lot in the subdivision. Appeal form such determination shall be to the City Council. Subsequent building permits shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling.(Ord. No. 1305, (part).)

Section 23-62. RELEASE OF SECURITY.

The security furnished by the subdivider may be released in whole or in part by the director of public works pursuant to Section 66499.7 of the Government Code. (Ord. No. 1305, (part).)

Section 23-63. SCHOOL SITE DEDICATIONS.

(1) Requirements. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions located in one or more school districts shall dedicate to the school district or districts, within which the subdivision are to be located,
such lands as the city council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate school service.

(2) Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty days after the requirement of dedication is imposed by the advisory agency or the City Council, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after the filing of the final map on any portion of the subdivision.

(3) Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(A) The cost of any improvements to the dedicated land since acquisition by the subdivider;

 

(B) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

(C) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(4) Exceptions. The provision of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative map. (Ord. No. 1305, (part).)

Section 23-64. AMENDMENT.

(1) After a final map is filed in the office of the county recorder it may be amended by a certificate of
correction or an amending map:

(A) To correct an error in any course or distance shown thereon;

(B) To correct an error in the description of the real property shown on the map;

(C) To show any course or distance that was omitted therefrom;

(D) To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

(E) To show the correct location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character;

(F) To correct any other type of map error or omission as approved by the director of public works which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

(2) The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a final map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. (Ord. No. 1305, (part).)

ARTICLE V. PARCEL MAPS.

Section 23-65. WHEN A PARCEL MAP IS REQUIRED.

Parcel maps shall be required in the case of subdivisions creating:

(1) Fewer than five parcels;

(2) Five or more parcels where:

(A) The land before the division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required, or

(B) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway, or

(C) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the advisory agency as to street alignments and widths, or

(D) Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger. (Ord. No. 1305, (part).)

Section 23-66. WHEN A PARCEL MAP IS NOT REQUIRED.

A parcel map is not required for the following:

(1) Subdivisions created by short-term leases (terminable by either party on not more than thirty days' notice in writing) or a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, or for land conveyed to public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates such a parcel map.

(2) For a boundary line modification, as defined in sections 23-133 through 23-140. (Ord. No. 1305, (part).)

Section 23-67. FILING A TENTATIVE PARCEL MAP.

The owner (or his designated agent) shall file an application with the department of public works. The
submitted material shall conform to the requirements of the rules of the advisory agency as to form and content.(Ord. No. 1305, (part).)

Section 23-68. TIME OF FILING.

The time of filing a tentative map shall be fixed as the date when the director of public works determines that:

(1) All maps and information required by this chapter have been submitted, checked and accepted as complete; and

(2) All environmental review requirements of CEQA, State Environmental Guidelines and the city have been
completed; and

(3) The required fees have been paid. If the director of public works determines that all requirements have not been satisfied he shall, within five working days from the date of submission, notify the subdivider or his agent that additional data is required. (Ord. No. 1305, (part).)

Section 23-69. REVIEW OF TENTATIVE PARCEL MAPS.

The director of public works shall prepare a written report to the advisory agency on a parcel map.

(1) This report shall consider the relationship of the map to the Subdivision Map Act, to this article, the Zoning Code, other city ordinances, the general plan and specific plans, comments of any other city department or government agency. The report shall also recommend conditions to be placed on the map.

(2) The director of public works shall deliver a copy of his report to the subdivider or his agent by mail, or in person, at least five days prior to any hearing or action on the application. Any changes in the report and additions shall also be delivered in the same manner at least three days prior to the next hearing or action on the application.

(3) Any maps, or amendments thereto, must be filed with the department of public works at least ten calendar days prior to the meeting of the advisory agency. (Ord. No. 1305, (part).)

Section 23-70. ADVISORY AGENCY ACTION ON APPLICATION FOR
PARCEL MAPS.

The advisory agency shall examine the application for a parcel map with the subdivider or his representative at the hearing, and shall:

(1) Hear and consider the staff report of the director of public works and the responses or comments of any other government agencies, the subdivider and other interested parties;

(2) Determine whether the design and improvements shown on the application conform to the requirements of the Subdivision Map Act, this chapter, the Zoning Code of the city, city ordinances, improvement standards set forth by resolution of the City Council, the general plan and specific plans;

(3) Determine, based on the recommendation of Sewerage Commission-Oroville Region (SC-OR), whether the discharge of waste from the proposed division of land into a community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code);

(4) Within fifty days of the filing of the application the advisory agency shall approve, approve with conditions, extend, or disapprove the application and report its action to the subdivider. (Ord. No. 1305, (part).)

Section 23-71. PARCEL MAP IMPROVEMENT.

For a division of land which is not a subdivision of five or more lots, improvements shall be limited to the dedication of right-of-way, easements and the construction of reasonable off-site improvement for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noted by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of a parcel is issued by the city, or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the city, except that in the absence of an agreement, the city may require fulfillment of such construction requirements within a reasonable time following approval of a parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding of the advisory agency that fulfillment of the construction requirements is necessary for reason of:

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite for the orderly development of the surrounding
area. (Ord. No. 1305, (part).)

Section 23-72. DISAPPROVAL OF APPLICATION.

(1) The advisory agency shall disapprove an application for a parcel map if it finds that the application is not consistent with the general plan.

(2) The advisory agency shall disapprove a parcel map if it determines:

(A) That the proposed land division is inconsistent with specific plans or with city-adopted community plans;

(B) That the design or improvement of the application is not consistent with applicable general and specific plans;

(C) That the site is not physically suitable for the type of development;

(D) That the site is not physically suitable for the proposed density of development;

(E) That the design of the land division or the type of improvement is likely to cause serious public health problems

(F) That the design of the land division or the type of improvement is likely to cause serious public health problems

(G) That the design of the land division or the type of improvement will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection the governing body may approve an application if it finds that alternate easements, foraccess or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

(H) That the proposed land division violates the provisions of this article and no exception has been granted;

(I) That the proposed land division violates the provisions of the Zoning code as to area, setback or frontage requirements and no variance has been granted.

(3) Notwithstanding the above, paragraphs (A) and (B) (1) through (B) (7) are not applicable to conversion of existing buildings into condominium projects unless new units are to be constructed or added. (Ord. No. 1305, (part).)

Section 23-73. ADVISORY AGENCY DISAPPROVAL.

The advisory agency may disapprove an application for a parcel map if it determines that:

(1) The proposed land division would enlarge, expand, or extend a nonconforming use of the land under the Zoning Code;

(2) The proposed land division would violate any other city ordinance, or any City Code provision;

(3) The discharge of waste from the proposed land division into community sewer system would result in
violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). (Ord. No. 1305, (part).)

Section 23-74. EXPIRATION OF TIME AND EXTENSION OF TIME.

When a tentative map is required, an approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. The advisory agency may extend its approval for an additional period of time not to exceed an additional twelve months. (Ord. No. 1305, (part); Ord. No. 1444, §2.)

Section 23-75. WHEN PARCEL MAPS MAY BE WAIVED.

The advisory agency may waive the requirement for a parcel map in any case where the proposed subdivision is a division into four or fewer parcels, and:

(1) Where the land being divided consists of a lot or parcel shown on a recorded parcel map or final subdivision map or a legally created parcel and the full street improvements have been constructed and monumentation is evident; or

(2) Where each has a gross area of forty acres or more or each of which is a quarter-quarter section or larger. (Ord. No. 1305, (part).)

Section 23-76. CONDITIONS OF WAIVER.

A waiver may be granted only if:

(1) The subdivider files an application with the Public Works Department stating the existence of monuments and improvements prior to consideration of the waiver by the advisory agency;

(2) The submitted material conforms to the requirements of the advisory agency as to form and content;

(3) The application contains a legal description for each parcel and is monumented on the ground and a record of survey is recorded;

(4) The advisory agency finds that the proposed division of land complies with the requirements of the
California Environmental Quality Act, the Zoning Code of the city, city ordinances, improvement standards as set forth by resolution of the city, the general plan and specific plans of the city. (Ord. No. 1305, (part).)

Section 23-77. APPEAL.

Appeal from any decision of the advisory agency may be made by any interested person in the same manner, procedure and time limitation as is provided in this chapter for appeals on tentative subdivision maps (section 23-56). The notice of appeal shall be accompanied by payment of a fee as required by resolution of the City Council. (Ord. No. 1305, (part); Ord. No. 1383, §1.)

Section 23-78. FINAL PARCEL MAPS.

Any time before expiration of an approved tentative parcel map a subdivider may cause a parcel map to be prepared substantially in conformance with the approved application conforming to the provisions of the Subdivision Map Act and of this chapter. The parcel map shall be submitted to the director of public works for his examination prior to recording. The applicant shall include with the parcel map:

(1) The required fees;

(2) The preliminary title report or lot book report showing easements;

(3) The deeds establishing the boundaries of the property;

(4) The deeds establishing all existing and required easements and rights-of-way, in the form mandated by the city, on the property;

(5) Copies of all lot and boundary closures; the developer shall also comply with all requirements of the
design standards as adopted by the city council;

(6) An owner's certificate as specified and excepted in section 23-59(8) of this chapter. (Ord. No 1305, (part).)

Section 23-79. RECORDING OF PARCEL MAP.

If the director of public works deems that the parcel map is in substantial conformity with the approved application and its conditions, the Subdivision Map Act, and this chapter, he shall so certify on the parcel map and within twenty days submission or resubmission present the map to the county recorder for recording in the official records of the county. (Ord. No. 1305, (part).)

Section 23-80. AMENDMENT.

(1) After a parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

(A) To correct an error in any course or distance shown thereon;

(B) To show any course of distance that was omitted therefrom;

(C) To correct an error in the description of the real property shown on the map;

(D) To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

(E) To show the correct location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character;

(F) To correct any other type of map error or omission as approved by the director of public works which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map or parcel map.

(2) The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The amending map shall conform to the requirements of a parcel map. The amending map or certificate of correction shall set forth in detail the correction made and show the names of the present fee owners of the property affected by the correction or omission. (Ord. No. 1305, (part.).

ARTICLE VI. DESIGN STANDARDS.

Section 23-81. COMPLIANCE REQUIRED.

To insure that proposed land divisions are developed in the best interest of the people of Oroville, land divided under the provisions of this chapter shall conform to the design standards of this chapter and to any standards and specifications for construction and materials adopted by resolution of the City Council, or established by the Department of Public Works. (Ord. No. 1305, (part).)

Section 23-82. MINIMUM LOT WIDTH.

Lots on a curved street or the rounded end of a cul-de-sac shall provide the minimum frontage at the building setback line, as specified in the city Zoning Ordinance, provided that in no case shall a lot have less than forty feet of frontage at the minimum right-of-way line. (Ord. No. 1305, (part).)

Section 23-83. MINIMUM LOT DEPTH.

The minimum depth of a lot shall not be less than eighty feet and the depth of a lot shall not exceed three times its width when the lot has a width of less than two hundred fifty feet except:

(1) In areas designated in the general plan for permanent agricultural, recreation, recreational reserve,
commercial and industrial;

(2) The full depth of the lot will not be build able due to unusual topography such as the existence of steep slopes, flood-plains and bodies of water;

(3) The full depth of the lot will not be buildable due to the existence of dedicated easements;

(4) A future street pattern in accordance with the general plan and an adopted community plan which provides for further divisions which will eliminate excessive depth to width ratios. (Ord. No. 1305, (part).)

Section 23-84. DOUBLE FRONTAGE LOTS.

Residential lots shall not have double frontage. (Ord. No. 1305, (part).)

Section 23-85. ACCESS TO PUBLIC RESOURCES.

All subdivisions adjacent to public natural resources, including any lake or reservoir owned in part or wholly by any public agency, shall be designed to provide reasonable public access to those resources as required by the Subdivision Map Act, Chapter 4, Article 3.5; Government Code Section 66478.1 et seq. (Ord. No. 1305, (part).)

Section 23-86. GRADING.

All subdivisions shall be designed so that grading incidental to the construction in the subdivision complies with the requirements of the City Code and any other ordinances or resolution regulating the grading of land in the city. (Ord. No. 1305, (part).)

Section 23-87. TREES.

Trees shall be provided and preserved as follows:

(1) No tree designated as an historical or specimen tree shall be removed from the site of a proposed subdivision without the prior approval of the Park Commission.

(2) The park department may required the planting of street trees within the planting strips of any new
subdivision in conformity with the master street tree plan covering the area involved.

(3) The planting and first two years' maintenance costs, including irrigation, for all street trees planted in a new subdivision shall be borne by the subdivider. The director of parks shall plant, maintain and irrigate said trees at such times and places as the development of the subdivision, its occupancy and other conditions make feasible

(4) In the event a subdivider desires to plant, irrigate and maintain trees within the planting strip area of a new subdivision, he may apply to the director of parks for a permit. The director of parks may issue such a permit only after the subdivider has posted a performance bond guaranteeing the faithful performance of all irrigation and maintenance for a two-year period. Such bond shall be of an amount equal to the cost of planting, irrigation and maintenance as determined by the director of parks. All such planting shall be done in accordance with the planting specification governing the planting of trees in planting strips and adopted as such by resolution of the City Council. (Ord. No. 1305, (part).)

Section 23-88. STREETS AND HIGHWAYS.

If the circulation element of the general plan shows any highway or major arterial so located that any portion thereof lies within the proposed subdivision, such portion shall be dedicated and shown as a highway or part of a highway within such subdivision in the general plan. (Ord. No. 1305, (part).)

Section 23-89. GENERAL PLAN STREET PATTERN DESIGN.

The location, width and alignment of streets shall conform to the general plan and council-approved specific plans and be designed for the most advantageous development of the area in which the subdivision lies. (Ord. No. 1305, (part).)

Section 23-90. GENERAL PLAN PUBLIC STREETS REQUIRED.

Each parcel of land shall abut a public street. (Ord. No. 1305, (part).)

Section 23-91. DEDICATION OF ACCESS RIGHTS ALONG THOROUGHFARES.

Where a subdivision abuts on thoroughfares or expressways the access rights may be dedicated to the city. (Ord. No. 1305, (part).)

Section 23-92. DEDICATION OF ACCESS RIGHT - OTHER STREETS.

On minor and collector streets dedication of access rights may be required where lots are served by more than one street. (Ord. No. 1305, (part).)

Section 23-93. ALLEYS.

Alleys may be required at the rear of properties. (Ord. No. 1305, (part).)

Section 23-94. PROVISION FOR FUTURE EXTENSION.

Where a subdivision adjoins unsubdivided land, adequate or necessary street dedication in the subdivision shall ordinarily be extended to the adjacent unsubdivided land to provide access in the event of its future subdivision, and in a manner to provide the most advantageous development of the street pattern in the area. (Ord. No. 1305, (part).)

Section 23-95. CUL-DE-SAC STREETS.

A cul-de-sac street in a residential subdivision shall not exceed six hundred feet in length and not serve more than twenty-five lots. Streets temporarily dead-ended at a property line, but planned for future extension, shall

 

be provided a cul-de-sac in accordance with the construction standards. The advisory agency may waive the restrictions of this section if topography or other conditions make the application impossible. (Ord. No. 1305, (part).)

Section 23-96. MINIMUM STREET WIDTHS.

A minimum sixty-foot street right-of-way is required. A minimum fifty-foot street right-of-way may be permitted for residential access streets, or unusual situations where cul-de-sac is appropriate. (Ord. No. 1305, (part).)

Section 23-97. STREET ALIGNMENT.

The centerline of streets which are the extensions of existing streets shall continue the centerline of the existing streets, as far as practical either in the dame direction or by adjustment curves. (Ord. No. 1305, (part).)

Section 23-98. STREET INTERSECTION OFFSET.

Streets entering upon opposite sides of any given street shall have their centerline located directly opposite each other as far as practical or the centerline located shall be offset at least one hundred twenty feet for minor residential streets, and at least two hundred feet for all other streets. (Ord. No. 1305, (part).)

Section 23-99. STREET INTERSECTION ALIGNMENT.

The centerline of streets shall intersect one another as nearly at right angles as practical and shall not be excessively curved. (Ord. No. 1305, (part).)

Section 23-100. BICYCLE PATHS.

In subdivisions of two hundred or more parcels, dedication or an irrevocable offer of dedication may be required for such additional land as is necessary to provide for bicycle paths for the use and safety of the residents of the subdivisions. (Ord. No. 1305, (part).)

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