Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Citation and authority.
16.04.040 Conformity to general plan, specific plans and zoning ordinance.
16.04.050 Environmental impact analysis.
16.04.060 Responsibilities and duties – Chief of planning.
16.04.070 Responsibilities and duties – City council.
16.04.080 Responsibilities and duties – City engineer.
16.04.090 Responsibilities and duties – Planning commission.
16.04.010 Citation and authority.
The ordinance codified in this title is adopted to supplement and implement the state Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the “subdivision ordinance of the city.” (Ord. 626 § 1 (Art. I § 101), 1983)
16.04.020 Purpose.
The purpose of these regulations and the intent of the city in their adoption is as follows:
A. To provide policies, standards, requirements, and procedures to regulate and control the design and improvement of all subdivisions within the city;
B. To assist in implementing the objectives, policies and programs of the general plan by ensuring that all proposed subdivisions, together with provisions for their design and improvement, are consistent with the general plan and all applicable specific plans of the city;
C. To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space;
D. To provide lots of sufficient size and appropriate design for the purpose for which they are to be used;
E. To provide streets of adequate capacity and design for the traffic that will utilize them, and to ensure maximum safety for pedestrians and vehicles;
F. To ensure adequate access to each building site;
G. To provide sidewalks and, where needed, pedestrian ways, biking paths and hiking trails for the safety, convenience and enjoyment of the residents of new developments;
H. To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting and other utilities needed for the public health, safety and convenience;
I. To provide adequate sites for public facilities needed to serve the residents of new developments;
J. To prevent land which is actually or potentially dangerous by reason of flood hazard, inundation, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities, hazardous geological conditions, or critical soil conditions from being subdivided for any use or in any manner tending to create an increased detriment to the public health, safety or welfare;
K. To ensure that, insofar as possible, land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the general plan;
L. To provide a pleasant physical environment through appropriate architectural and landscape design. (Ord. 626 § 1 (Art. I § 102), 1983)
16.04.030 Application.
The regulations set forth in this title shall apply to all subdivisions and parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required. (Ord. 626 § 1 (Art. I § 103), 1983)
16.04.040 Conformity to general plan, specific plans and zoning ordinance.
No land shall be subdivided and developed for any purpose which is not in conformity with the general plan, any specific plan or official plan line adopted by the city. A subdivision map shall conform with all requirements specifically authorized by the precise zoning ordinance of the city. The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider. (Ord. 626 § 1 (Art. I § 104), 1983)
16.04.050 Environmental impact analysis.
No parcel or tentative map filed pursuant to the provisions of this title shall be approved, nor the time limits set forth shall be deemed to commence, until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed, considered and/or certified in accordance with the provisions of the Seaside Environmental Guidelines and the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (Ord. 626 § 1 (Art. I § 105), 1983)
16.04.060 Responsibilities and duties – Chief of planning.
The chief of planning or his appointed representative shall be responsible for:
A. Preparing the necessary environmental analysis for subdivision proposals;
B. Processing tentative maps and subdivision applications and collecting all the required environmental review and subdivision application fees;
C. Investigating proposed subdivisions for conformance to the general plan, specific plans and the zoning ordinance of the city and reporting his findings to the planning commission and to the city council;
D. Examining and certifying that parcel and final maps are in substantial conformance to the approved tentative map;
E. Processing and certifying lot line adjustments and mergers;
F. Reviewing and approving all covenants, conditions and restrictions (CC&Rs), bylaws and articles of incorporation of property owner’s associations for common interest subdivisions. (Ord. 626 § 1 (Art. I § 107(A)), 1983)
16.04.070 Responsibilities and duties – City council.
The city council shall be responsible for:
A. Approving, conditionally approving or denying all subdivision and condominium conversion applications;
B. Approving reversions to acreage;
C. Approving final map and improvement agreements;
D. Accepting for the city such lands and/or improvements as may be proposed for dedication to the city;
E. Approving mergers and resubdivisions of land. (Ord. 626 § 1 (Art. I § 107(B)), 1983)
16.04.080 Responsibilities and duties – City engineer.
The city engineer or his appointed representative shall be responsible for:
A. Establishing and adopting design and construction details, standards and specifications;
B. Determining whether proposed subdivision improvements comply with the provisions of this title and the Subdivision Map Act;
C. Processing and certifying final maps and amended maps, processing and approving subdivision improvement plans and certificates of compliance, and collecting all required deposits for improvements, bonds, fees in lieu of improvements, and inspection fees;
D. Inspecting and approving subdivision improvements;
E. Accepting private improvements (improvements not to be maintained by the city);
F. Accepting parcel maps, dedications and improvements for subdivisions of four or fewer parcels;
G. Reviewing and processing petitions for reversion to acreage. (Ord. 626 § 1 (Art. I § 107(C)), 1983)
16.04.090 Responsibilities and duties – Planning commission.
The planning commission shall be responsible for:
A. Making recommendations to the city council for all subdivision applications;
B. Making recommendations to the city council for all applications for the conversion of residential real property into condominiums, community apartments, or a stock cooperative project;
C. Reviewing and making recommendations to the city council for all reversions to acreage applications. (Ord. 626 § 1 (Art. I § 107(D)), 1983)
16.04.100 Exceptions.
The following divisions of a parcel are excepted from the requirements of this title: lot line adjustments, provided:
A. No additional parcels or building sites have been created;
B. The adjustment does not create the potential to further divide any of the parcels than would have been otherwise possible;
C. There are no resulting violations of the Seaside zoning ordinance or municipal code. (Ord. 626 § 1 (Art. I § 108), 1983))