Chapter 22.04 — GENERAL PROVISIONS

Section 22.04.010 Citation and authority 22.04.020 Scope 22.04.030 Purpose 22.04.040 Repeal 22.04.050 Continuation clause 22.04.060 Severability clause 22.04.070 Compliance required 22.04.080 Penalty for noncompliance 22.04.090 Falsification

(A) The City Council hereby assumes control of all divisions of land and reversions to acreage, as such power is vested in the city by the provisions of Cal. Gov't Code Divisions 2 and 3 of Title 7 and all amendments thereto (hereinafter referred to as “Sub-division Map Act” or “Map Act,” Cal. Gov't Code §§ 66410 et seq.) or as otherwise established and set forth in this title.

(B) This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the “subdivision ordinance of the city of Alhambra.”

(C) The Planning Commission is hereby made the advisory agency of the city as such advisory agency is defined and established by the Subdivision Map Act, and the authority is hereby delegated to the advisory agency to investigate any and all matters pertaining to, and to recommend approval, condi-tional approval or disapproval of, all proposed divisions land or reversions to acreage, and to communicate its findings and recommendations to the City Council.

('86 Code, § 22.04.010) (Ord. 4120, passed - - )

The provisions of this title shall not apply to those items listed in Cal. Gov't Code § 66412, except as specified herein for lot line adjustments. The following provisions shall not apply to any lot or lots forming a part of a subdivision legally created and recorded prior to the effective date of the ordinance codified in this title unless the lots are hereafter proposed for further subdivision. Nor is it intended by this title to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or in conflict herewith. Nor is it intended by this title to repeal, abrogate, annul or in any way impair or interfere with

private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the city is a party. Where this title imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this title shall control. Any parcel of land which was created prior to March 4, 1972 shall be conclusively presumed to have been lawfully created, if at the time of created of the parcel there was compliance with all applicable ordinances of the city. Owners of such parcels shall obtain a certificate of compliance or a conditional certificate of compliance, pursuant to Cal. Gov't Code § 66412.6 and Chapter 22.36 herein, prior to the issuance of any grading or building permits for development of such parcel.

('86 Code, § 22.04.020) (Ord. 4120, passed - - )

It is the purpose of this Title 22 to regulate and control the division of land within the city and to supplement the provisions of the California Govern-ment Code referred to in Title 22 as the Subdivision Map Act, the Public Resources Code, the Business and Professions Code, and to all other regulations provided by law, concerning the design, improvement and survey data of subdivisions, the form and content of maps provided for by the Subdivision Map Act and the procedure to be followed in securing official approval regarding such maps. To accomplish this purpose, the regulations outlined in this Title 22 are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to insure provisions for adequate traffic circulation, utilities, and services.

('86 Code, § 22.04.030) (Ord. 4120, passed - - )

The division of land provisions of Ordinance No. 064-3174 are hereby repealed. ('86 Code, § 22.04.040) (Ord. 4120, passed - - )

The provisions of this title insofar as they are the same as the provisions of the ordinance repealed in § 22.04.040 relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. This section shall not be construed as implying that no change in law is intended. Insofar as the provisions of this title differ from the provisions of the ordinance repealed in § 22.04.040, the City Council hereby declares a change in law is intended.

('86 Code, § 22.04.050) (Ord. 4120, passed - - )

If a provision of this title or the application thereof to any person(s) or circumstance(s) is held invalid by a court of competent jurisdiction, the remainder of this title and the application of such provisions to other person(s) or circumstance(s) shall not be affected thereby.

('86 Code, § 22.04.060) (Ord. 4120, passed - - )

(A) No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the city or specifically authorized by the precise zoning ordinance of the city.

(B) The type and intensity of land use(s) for which the subdivision is designed shall be consistent with the land use designations as shown on the General Plan and permitted by the zoning ordinance and shall provide for the streets, roads, highways, utilities, and public services as determined by the City Engineer or by local ordinance to be necessary for such type and intensity of land use.

('86 Code, § 22.04.070) (Ord. 4120, passed - - ) Penalty, see § 1.12.010

Pursuant to Cal. Gov't Code § 66499.31, each violation of Title 22, by the subdivider or owner of record at the time of the violation, shall be punishable by imprisonment in the county jail or state prison for not more than one year, or by a fine not exceeding $10,000 or by both fine and imprisonment. Other violations shall be punishable as a misdemeanor offense.

('86 Code, § 22.04.080) (Ord. 4120, passed - - )

Fraudulent misrepresentation by the applicant of pertinent information necessary to an approval shall be sufficient reason to invalidate an approval obtained pursuant to this title.

('86 Code, § 22.04.090) (Ord. 4120, passed - - ) Penalty, see § 1.12.010