Division 7. Subdivisions
Chapter 9.100
SUBDIVISION ORDINANCE APPLICABILITY AND ADMINISTRATION
Sections:
9.100.010 Purpose of division.
9.100.050 Responsibility for administration.
9.100.070 Authority for subdivision decisions.
9.100.080 Types of subdivision approval required.
9.100.090 Applications deemed approved.
9.100.100 Exceptions to subdivision standards.
9.100.120 Enforcement of subdivision regulations.
9.100.010 Purpose of division.
This division constitutes the City of Clovis Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, California Government Code Section 66410 et seq. (hereafter referred to as the “Map Act”). This division is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.020 Authority.
This division is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this division shall, nevertheless, apply to all subdivision maps and proceedings under this division. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.030 Applicability.
A. Subdivision approval required. Each subdivision of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this division.
B. Conflicts with Map Act. In the event of any conflicts between the provisions of this division and the Map Act, the Map Act shall control.
C. Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.040 Definitions.
Definitions of the technical terms and phrases used in this division are located in Division 8 of this title (Definitions), listed under “Subdivision terms used in Division 7 of this title (Subdivisions).” (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.050 Responsibility for administration.
The Director and City Engineer are authorized and directed to administer and enforce the provisions of this division and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this division. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.060 Advisory agency.
A. Advisory agency established. The advisory agency for subdivision review, as that term is used in the Map Act, shall be as defined in Table 7-1 (Subdivision Review Authority).
B. Authority and duties. The advisory agency shall perform the following duties, and as further detailed in Section 9.100.070 (Authority for subdivision decisions):
1. Approve, conditionally approve, disapprove, or recommend as specified in Table 7-1 (Subdivision Review Authority);
2. Recommend to the Commission for review and action on those projects being referred to the Commission in compliance with Section 9.102.050 (Review and decision);
3. Recommend to the Council the approval, conditional approval, or disapproval of requests for exceptions to the City’s design and improvement standards, in compliance with Section 9.100.100 (Exceptions to subdivision standards);
4. Recommend modifications of the requirements of this division;
5. Review and make recommendations concerning proposed subdivisions within adjacent cities in compliance with the Map Act when the advisory agency has elected to do so; and
6. Perform additional duties and exercise additional authorities as specified by law and by this division. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.070 Authority for subdivision decisions.
Table 7-1 (Subdivision Review Authority) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decisions required by this division.
|
Type of Decision |
Applicable Chapter or Section |
Role of Review Authority (1) |
|||
|---|---|---|---|---|---|
|
Director |
City Engineer |
Commission |
Council |
||
|
Certificate of Compliance |
Decision |
|
|
Appeal |
|
|
Certificate of Correction |
|
Decision |
|
Appeal |
|
|
Final Map |
9.104 |
|
Recommend |
|
Decision |
|
Improvement Agreements |
|
Recommend |
|
Decision |
|
|
Improvement Plans |
|
Recommend |
|
Decision |
|
|
Improvement Security |
|
Recommend |
|
Decision |
|
|
Lot Line Adjustment |
Decision |
|
Appeal |
Appeal |
|
|
Map Amendment |
Decision |
|
Appeal |
Appeal |
|
|
Official Map |
Recommend |
Recommend |
Recommend |
Decision |
|
|
Parcel Map |
9.104 |
|
Decision |
|
Appeal |
|
Parcel Merger |
Recommend |
|
Decision |
Appeal |
|
|
Recorded Parcel or Final Map Amendments |
|
Decision |
Appeal |
Decision/ |
|
|
Reversion to Acreage |
Recommend |
|
Recommend |
Decision |
|
|
Tentative Map, Vesting Tentative Map |
9.102 |
Recommend |
|
Decision (3) |
Decision/ |
|
Tentative Parcel Map |
9.102 |
Decision (2) |
|
Appeal |
Appeal |
|
Waiver of Parcel Map |
Decision |
|
Appeal |
Appeal |
|
Notes:
(1) “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 90 of this title (Appeals).
(2) The Director may choose to not make a decision on a tentative parcel map and may instead refer the matter to the Commission for hearing and a decision. See Section 9.102.040(A) (Evaluation of application).
(3) The Commission may choose to not make a decision on a tentative map and may instead refer the matter to the Council for hearing and a decision.
(§ 2, Ord. 14-13, eff. October 8, 2014; § 1 (Att. 1), Ord. 16-07, eff. May 4, 2016)
9.100.080 Types of subdivision approval required.
Any subdivision of an existing parcel into two (2) or more parcels shall require approval by the City in compliance with this division. In general, the procedure for subdivision first requires the approval of a tentative map or parcel map, and then the approval of a final map to complete the subdivision process. The City’s review of a tentative map and parcel map evaluates the compliance of the proposed subdivision with City standards, and the appropriateness of the proposed subdivision design. Final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.
A. Tentative map requirements. The filing and approval of a tentative map is required for:
1. Parcel maps, as authorized by Map Act Section 66428; and
2. Subdivision Maps required to have tentative map approval by Map Act Section 66426.
B. Parcel and final map requirements. A parcel or final map (see Chapter 104 of this title) shall be required as follows:
1. Parcel map. The filing and approval of a parcel map (Chapter 104 of this title) shall be required for a subdivision creating four (4) or fewer parcels or other subdivisions as allowed by Map Act Section 66426, in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:
a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a parcel map, in an individual case, in compliance with Map Act Section 66428;
b. Cemeteries. Land dedicated for cemetery purposes in compliance with the Health and Safety Code; and
c. Waived parcel map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Section 9.104.030 (Waiver of parcel map).
2. Final map. The filing and approval of a final map (Chapter 104 of this title) shall be required for a subdivision of five (5) or more parcels, except a subdivision that is otherwise allowed to have a parcel map by Map Act Section 66426.
C. Exemptions from subdivision approval requirements. The types of subdivisions specified by Map Act Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this chapter.
D. Exceptions from map preparation requirements. The types of subdivisions specified by Map Act Section 66426, or other applicable Map Act provisions as not requiring the preparation of a tentative map, parcel map, and/or a final map, shall comply with Map Act Section 66426. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.090 Applications deemed approved.
A subdivision application deemed approved in compliance with Government Code Section 65956, 66452.1, 66452.2 or 66542.4 shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a building permit is issued. Final maps filed for recordation after their tentative maps and tentative parcel maps are deemed approved shall remain subject to all the mandatory requirements of this division and the Map Act, including Map Act Sections 66473, 66473.5, and 66474. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.100 Exceptions to subdivision standards.
An exception to a provision of Chapter 110 of this title (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with Chapter 68 of this title (Variances/Minor Deviations). An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this division that is duplicated or paraphrased from the Map Act. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.110 Appeals.
A decision of the Director or Commission made in compliance with this chapter may be appealed in compliance with Chapter 90 of this title (Appeals) and Map Act Section 66452.5. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.100.120 Enforcement of subdivision regulations.
A. Violations. A person who violates any provision of this chapter shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 92 of this title (Enforcement).
B. Prohibitions.
1. Prohibition on transfers.
a. No person shall sell, lease, or finance any parcel or portion of a parcel of real property, or commence construction of any building for sale, lease, or financing on a parcel, except for model homes, or allow occupancy, for which a parcel or final map is required by this chapter and the Map Act, until a map in full compliance with this chapter has been filed for record by the County Recorder.
b. Conveyance of any part of a division of real property for which a final or parcel map is required by this chapter shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.
2. Prohibition on issuance of permits.
a. No officer, board, commission, agency, department, or special district of the City shall issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this chapter if it finds or is informed by the Director that development of the real property is contrary to the public health and safety. Before making a finding that the development of the real property is contrary to the public health and safety, the Director shall conduct a review.
b. At the review, the Director shall consider all information and evidence submitted. The decision of the Director may be appealed in compliance with Map Act Section 66452.5 to the Commission by any aggrieved person, or by a City officer, board, department, or agency. The authority to disapprove the permit or requested approval shall apply whether the applicant was the owner of the real property at the time of the violation, or whether the applicant, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of the violation, at the time of the acquisition of their interest in the real property. If any City officer, board, commission, agency, department, or special district issues any permit or grants approval for the development of real property, it may request a report from the Director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.
3. Statement of limitations. This section does not apply to any parcel of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
C. Remedies. If construction activity on property subject to a parcel or final map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the Director may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies specified in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the Director to proceed. For the purposes of this section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal. (§ 2, Ord. 14-13, eff. October 8, 2014)