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Chapter 18.90 - Subdivision Map Approval Requirements

Sections:

18.90.010 - Title
18.90.020 - Purpose of Article
18.90.030 - Applicability
18.90.040 - Exemptions from Subdivision Approval Requirements
18.90.050 - Review Authority for Subdivision Applications
18.90.060 - Exceptions to Subdivision Standards
18.90.070 - Violations and Enforcement
18.90.080 - Notice of Judicial Challenge

18.90.010 - Title

This Article is and may be cited as the Town of Truckee Subdivision Ordinance.

18.90.020 - Purpose of Article

The regulations in this Article are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the Map Act). This Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of applications, and the review, approval, and construction of proposed subdivisions.

18.90.030 - Applicability

The Map Act and this Development Code require that the subdivision of an existing parcel into two or more proposed parcels be first approved by the Town. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process evaluates the compliance of the proposed subdivision with the standards of this Development Code, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering 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. Any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map (see Chapter 18.76, Tentative Map Filing and Processing), except as otherwise provided by Section 18.90.040 (Exemptions from Subdivision Approval Requirements), and except for the following.

1. Exemptions from Tentative Map requirements. The following subdivisions shall require the filing and approval of a Parcel Map without a Tentative Map:

a. The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by this Article; or

b. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or

c. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has Town approval for street alignments and widths; or

d. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or

e. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2.

2. Condominium construction. The construction of a condominium project on a single parcel shall require the filing and approval of a Parcel or Final Map, without a Tentative Map, when in compliance with Section 18.100.030 (Condominiums).

B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:

1. Parcel Map. The filing and approval of a Parcel Map (Chapter 18.98) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act, except for a subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 18.98.030 (Waiver of Parcel Map).

2. Final Map. The filing and approval of a Final Map (Chapter 18.98) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements).

C. Conflicts with Map Act. In the event of any perceived conflicts between the provisions of this Article and the Map Act, the Map Act shall control.

18.90.040 - Exemptions from Subdivision Approval Requirements

As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps.

A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

B. Boundary line agreements. Boundary line or exchange agreements to which the State Lands review authority or a local agency holding a trust grant of submerged lands is a party.

C. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

D. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

E. Commercial/industrial financing or leases. The financing or leasing of:

1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article II of this Development Code (Zoning Districts and Allowable Land Uses) requires a land use permit for the project.

F. Condominium conversions. The conversion of:

1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or

2. The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428(b).

G. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter 18.86.

H. Mineral leases. Mineral, oil or gas leases.

I. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to or from 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 the application of the subdivision regulations of this Development Code in an individual case. In cases where no Tentative Map, Parcel or Final Map is required, the applicable public agency or public utility shall still:

1. Complete the subdivision by a recorded document which describes the new parcels; and

2. Comply with all other applicable provisions of this Article, including offers of dedication and improvements.

J. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Development Code to the short-term lease.

K. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or secondary residential units in compliance with Section 18.58.230 (Secondary Residential Units).

L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

M. 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.

18.90.050 - Review Authority for Subdivision Applications

The authority to review and approve Tentative Maps, Parcel and Final Maps, Certificates and Conditional Certificates of Compliance, and exceptions to subdivision standards in compliance with this Article, is determined by Section 18.70.020 (Authority for Land Use and Zoning Decisions), and the provisions of this Article.

18.90.060 - Exceptions to Subdivision Standards

An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act.

A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. An exception shall not be considered as Tentative Map approval and shall not extend the time limits for expiration of the map established by Section 18.96.140 (Expiration of Approved Tentative Map).

C. Approval of exception. The review authority for the Tentative Map shall not grant an exception unless all the following findings are first made:

1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings, that are not due to any action of the subdivider subsequent to the enactment of this Development Code;

2. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

3. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

4. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.

In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

18.90.070 - Violations and Enforcement

The Town may enforce the provisions of this Article and take action against violations of the provisions of this Article and/or the Map Act, in compliance with Map Act Chapter 7 (Enforcement and Judicial Review), and Chapter 18.200 (Enforcement) of this Development Code. Enforcement measures may include the withholding of permits for development in compliance with Map Act Section 66499.34, the recordation of Notices of Violation in compliance with Map Act 66499.36, or any other procedure authorized by the Map Act or this Development Code.

18.90.080 - Notice of Judicial Challenge

At least 30 days prior to filing any judicial action or proceeding to attack, review, set aside, void or annul the decision of the Council concerning a Tentative, Parcel or Final Map, or any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto, written notice shall be served upon the Council detailing the nature of the conduct or action intended to be challenged. This Section is not intended to extend or toll in any way the statute of limitations provided in Map Act Section 66499.37.