Chapter 16.00
GENERAL PROVISIONS
Sections:
16.00.010 Authority and purpose.
16.00.020 Scope and applicability.
16.00.060 Hold harmless and indemnification of City.
16.00.010 Authority and purpose.
This title, which may be cited as the “City of Palmdale subdivision ordinance,” is adopted pursuant to Article XI, Section 7 of the California Constitution, and Government Code Section 66410, et seq., herein cited as the “Subdivision Map Act.” The purpose of this title, and any City standards adopted to implement this title, is to regulate and control the division of land within the City of Palmdale and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the City’s official approval of all required maps. This title and all actions taken pursuant to it are necessary to preserve and protect the public health, safety and general welfare; to implement the City’s general plan and zoning ordinance, applicable specific plan, and other applicable provisions of the City’s Municipal Code pertaining to land development or development projects; to assure sufficient public infrastructure and facilities for adequate traffic circulation, water, utilities and public services, sanitary sewer facilities and storm drain facilities, and to promote orderly growth and development and proper use of land and to provide for the efficient uses and conservation of resources. (Ord. 1091 § 5, 1996)
16.00.020 Scope and applicability.
This title shall apply to any division of land within the City and shall control the preparation, processing and approval of all tentative maps, final maps, parcel maps, common interest subdivisions, lot line adjustments, lot mergers, reversions to acreage, exceptions and waivers.
This title shall also apply to the division of land within unincorporated territory to the extent permitted by Subdivision Map Act Section 66454. (Ord. 1091 § 5, 1996)
16.00.030 Exemptions.
A tentative map, parcel map or final map shall not be required as set forth in Government Code Section 66412. (Ord. 1091 § 5, 1996)
16.00.040 Exceptions.
(A) The Planning Commission or, on appeal, the City Council may authorize exceptions to any of the requirements or standards imposed by these regulations where not inconsistent with or prohibited by the provisions of the Subdivision Map Act, Municipal Code or general plan.
(B) An application for any exception shall be filed concurrently with the filing of the development application for which the exception is sought. The exception application shall state fully the grounds for the exception and the facts supporting the application. Before recommending or approving any application for exception, the Planning Commission, or the City Council on appeal, shall make all the following findings:
(1) There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this title would deprive such property of privileges enjoyed by other properties in the vicinity and under identical land use district classifications;
(2) Granting the exception is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to property for which the exception is sought;
(3) Granting the exception will not be materially detrimental to the public health, safety or welfare, or injurious to the properties or improvements in such vicinity and land use district in which the property is located; and
(4) Granting the exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. (Ord. 1091 § 5, 1996)
16.00.050 Fees.
All persons submitting maps or other development applications required by this title shall pay all fees and deposits required by this title, in the amount prescribed by resolution of the City Council at the time the fees are due and payable, except as otherwise authorized by City ordinance. These fees shall include, but are not limited to, plan check fees, processing fees, inspection fees, mitigation fees and impact fees. (Ord. 1091 § 5, 1996)
16.00.060 Hold harmless and indemnification of City.
Pursuant to the authority of Government Code Section 66474.9, the City shall require, as a condition of approval of any tentative or parcel map or other subdivision approval, that the subdivider indemnify, defend and hold harmless the City and its elected and appointed officials, officers, agents and employees (indemnitees) from any claim, action or proceeding, whether judicial, quasi-judicial, administrative, legislative or otherwise against the indemnitee to attack, set aside, void or annul an approval of the City or an indemnitee, concerning a subdivision, which claim, action or proceeding is brought within the time period provided for in Government Code Section 66499.37. The City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in the defense. (Ord. 1091 § 5, 1996)