Chapter 16.04
SUBDIVISION AND DEVELOPMENT
Sections:
16.04.020 Title of provisions.
16.04.030 Overview of subdivision process.
16.04.040 Conformance to provisions required.
16.04.050 Advisory agency designated.
16.04.070 Coordination of review, decision-making and information.
16.04.080 Exclusions from application of title.
16.04.090 Standard conditions of approval.
16.04.100 Subdivision and site development agreements.
Prior legislation: Ords. 82-1, 84-08, 84-10, 86-07, 90-15, 04-05 and prior code §§ 9-1(A) through 9-2.
16.04.010 Purpose.
In the interest of protecting the health, safety, and general welfare of the people of the city of Hughson, this chapter has as its purposes:
A. To give effect to the California Subdivision Map Act;
B. To give effect to the general plan and any relevant specific plans of the city relative to the subdivision of land;
C. To regulate, by local ordinance, those matters of land division, merger, reversion, and lot line adjustment not governed by the Subdivision Map Act;
D. To facilitate and ensure orderly development of lands in the incorporated city;
E. To implement the objectives established for the development of the city in conformance with its general plan and any specific plans that may be adopted, and to ensure that a proposed subdivision or land division shall be considered in relation to those plans;
F. To provide standards governing the surveys, designs, and improvements of subdivisions, and the submission of maps, plans, and specifications for the construction of improvements;
G. To provide for standards for, and the construction and installation of, streets, roads, highways, public utilities, and other improvements, as well as fee schedules for services rendered by the city;
H. To provide for the creation of reasonable building sites by establishing appropriate standards for streets and lots, and to ensure that each property has a means of ingress and egress;
I. To control the division of land that is subject to inundation by flooding from natural streams or artificial ponding, and other detrimental influences which may cause land to be unsuitable for satisfactory development;
J. To 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; and
K. To provide rules and regulations governing the contents of tentative and final subdivision maps, land division, and parcel maps, and establish methods for the processing and filing of the maps and regulate other related matters. (Ord. 08-05 § 1, 2008)
16.04.020 Title of provisions.
This title shall be known as, and may be cited as, the “subdivision and development ordinance of the city of Hughson.” (Ord. 08-05 § 1, 2008)
16.04.030 Overview of subdivision process.
Figure 16.04.030.1 provides an overview of the subdivision process.
(Ord. 08-05 § 1, 2008)
16.04.040 Conformance to provisions required.
Prior to the subdivision of any land in the city, the subdivider and developer thereof shall conform to and comply with the requirements, rules, and regulations of this title. (Ord. 08-05 § 1, 2008)
16.04.050 Advisory agency designated.
The planning commission shall constitute the “advisory agency” as defined in Section 66415 of the Subdivision Map Act and the city council shall constitute the “appeal board” as defined in Section 66416 of the Subdivision Map Act, except where otherwise specified in this chapter. (Ord. 08-05 § 1, 2008)
16.04.060 Violations.
It is unlawful for any individual, firm, association, syndicate, co-partnership, or corporation as a principal, agent, or otherwise, to:
A. Divide real property in any manner that shall constitute a subdivision, unless and until all the requirements of this title have been complied with; or
B. Sell, lease, or divide for the purpose of financing, any division of land that shall constitute a subdivision unless and until all the requirements of this title have been complied with.
Any violation of this chapter shall constitute a misdemeanor and upon conviction thereof, shall be punishable as set forth in Chapter 1.12 HMC. Alternatively, proceedings to address any violation of this chapter may be held pursuant to Chapter 1.17 HMC. Each day a violation of this title continues shall be considered a separate offense. (Ord. 08-05 § 1, 2008)
16.04.070 Coordination of review, decision-making and information.
The planning officer shall be responsible for the coordination of review and decision-making and the provision of information regarding the status of all applications and permits for residential, commercial and industrial developments required by this title. (Ord. 08-05 § 1, 2008)
16.04.080 Exclusions from application of title.
The provisions of this title shall not apply to:
A. Financing or Leasing. Financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.
B. Mineral, oil, or gas leases.
C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.
D. Lot Line Adjustment. A lot line adjustment between four or fewer 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, however, the lot adjustment is approved in accordance with Chapter 16.36 HMC.
E. Separate Assessment. Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code.
F. Community Apartment Projects. The conversion of a community apartment project or stock cooperative, except that such conversions shall be subject to the provisions of Section 66412(g) and (h) of the Subdivision Map Act.
G. Commercial or Industrial Financing. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings or of existing separate commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances of the city regulating design and improvement.
H. Residential Financing. The construction, financing, or leasing of second units pursuant to Section 65852.2 of the California Government Code; provided, however, this title shall be applicable to the sale or transfer, but not the leasing, of those units.
I. Agricultural Leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.
J. Wind Energy Conversion Systems (WECS). The leasing of, or granting of, an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the city. (Ord. 08-05 § 1, 2008)
16.04.090 Standard conditions of approval.
Pursuant to its police power, the city may impose conditions on the approval of any tentative or vesting tentative map (see also HMC 16.12.070 and 16.16.070). The city council may adopt, by resolution, a listing of standard conditions of approval, which may be imposed on the approval of any tentative or vesting tentative map by reference. Any, or all, or none, of the standard conditions of approval may be imposed by the city council by such reference. Imposition of any, all, or none of the standard conditions of approval does not in any way abrogate the power of the city council to impose other conditions. (Ord. 08-05 § 1, 2008)
16.04.100 Subdivision and site development agreements.
A. Subdivision Agreement. The subdivision agreement, if applicable, shall be in a form acceptable to the city attorney and city council and subject to a fee established by the city council. It shall include the following:
1. A list of the improvements, dedications, and in-lieu fees, indicating those improvements that have not been constructed;
2. A schedule for completing the improvements;
3. A requirement that the improvements be completed at the subdivider’s expense; and
4. A provision of security and warranties for performance.
B. Site Development Agreement. In the case of a site development where no subdivision agreement is required, the planning officer shall require a site development agreement in the form described in subsection A of this section for a subdivision agreement.
C. Development Agreement. A development agreement may be used in lieu of a subdivision or site development agreement; provided, that it contains the provisions described in subsection A of this section at a minimum. (Ord. 08-05 § 1, 2008)
16.04.110 Public notice.
When a map is filed for the division of land, the public notice requirements of HMC 15.24.050 shall be followed. (Ord. 08-05 § 1, 2008)
16.04.120 Appeals process.
When this title provides for an appeal of an action, the appeals process shall be in accordance with Government Code Section 66452.5 and as follows:
A. Appeal of Planning Officer Action. Planning officer actions shall be appealed to the planning commission as follows:
1. Notice of Appeal. Within 15 days after notice is provided of an action by the planning officer, the action may be appealed to the planning commission by filing a notice of appeal with the clerk of the planning commission. The notice of appeal shall be accompanied by payment of a fee as required by resolution of the city council. If no appeal is filed, the action shall be final.
2. Hearing. Within 30 days of the filing of an appeal, the planning commission shall hold a hearing to consider the matter. At the hearing of the appeal, the planning commission shall consider the report of the planning officer, as applicable, in addition to testimony presented at the hearing.
3. Planning Commission Action. The planning commission may sustain, modify, reject or overrule any rulings of the planning officer and make findings that are consistent with city ordinances or the Subdivision Map Act. Within 30 days following the hearing, the planning commission shall render its decision on the appeal.
B. Appeal of Planning Commission Action. Planning commission actions shall be appealed to the city council as follows:
1. Notice of Appeal. Within 15 days after notice is provided of an action by the planning commission, the action may be appealed to the city council 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. If no appeal is filed, the action shall be final.
2. Hearing. Within 30 days of the filing of an appeal, the city council shall hold a hearing to consider the matter. At the hearing of the appeal, the city council shall consider all of the following, as applicable, in addition to testimony presented at the hearing:
a. The report of the planning officer;
b. The minutes of the planning commission; and
c. The staff report.
3. City Council Action. The city council may sustain, modify, reject or overrule any rulings of the planning commission and make findings that are consistent with city ordinances or the Subdivision Map Act. Within 30 days following the hearing, the city council shall render its decision, which shall be final, on the appeal. (Ord. 08-05 § 1, 2008)