Chapter 16.01 — GENERAL PROVISIONS

Pursuant to the provisions of the Cal. Gov’t Code referred to in this title as the Subdivision Map Act, the Cal. Streets and Highways Code, the Cal. Public Resources Code and the Cal. Business and Professions Code, and to all other regulations provided by law, the regulations, requirements and controls contained in this title shall apply to all improvements to and divisions of land, including subdivisions, parts of subdivisions, lot divisions, improvements of property by building permit, reversions to acreage, lot combinations and consolidations and lot line adjustments, and shall also apply to all public works permits, use permits, abandonments, vacations and underground utility districts. (Ord. 2722, passed - -1990)

(A) No person, firm, corporation, partnership or association shall offer to sell, or contract to sell, or sell any parcel or parcels of real property, or offer to finance or lease; or finance or lease a residential lot, or to commence construction of any building or structure for sale, thereon, or to allow occupancy thereof, and no building permit, certificate of use and/or occupancy or other official evidence of authority for the use of the premises shall be valid unless the lot, parcel or parcels in question are shown in the office of the County Recorder as part of one of the following:

(1) A subdivision tract map filed and approved in compliance with the Subdivision Map Act;

(2) A lot or parcel created by the division, combination or reversion of a lot or lots in compliance with the Subdivision Map Act, and/or local ordinance, which were established on or before June 18, 1953, and which is shown on a parcel map or record of survey map; or

(3) The lot or parcel is a legal lot as defined in Title 15 of this code.

(B) No person, firm, corporation, partnership or association shall dig, cut into, excavate or make any opening in any public street, avenue, parkway, alley, easement or other public place, or construct, repair or lay any curb, sidewalk, gutter, poles, pipe, culverts, cables, sewer, driveway, pavement or other appurtenances therein without first obtaining a permit to do so from the City Engineer and furnishing the required surety, deposit, fees and application for such work as provided in this title.

(C) No reversion to acreage, lot combination, abandonment, vacation or underground utility district shall be valid unless the provisions of this title are first met.

(Ord. 2722, passed - -1990)

(A) Conditional exceptions to the standards and requirements of this title may be authorized by the City Council in the case of abandonments, reversions to acreage, underground utility districts and appeals; by the Advisory Agency in

the case of land divisions by tract map and lot divisions by parcel map; and by the City Engineer in the case of lot line adjustments, lot consolidations, building permits or public works permits, if exceptional or special circumstances exist.

(B) Such circumstances may include limited property size, unusual property shape, unique industrial or commercial development problems, extreme topography, dominating drainage problems, adverse environmental effects or the impracticability of employing a comprehensive plan or layout by reason of a prior existing development of contiguous properties.

(Ord. 2722, passed - -1990)

(A) The Planning Commission, in the case of land divisions by tract map and in the case of divisions by parcel map, and the City Engineer, in the case of lot line adjustments, shall deny the divisions of land if the divisions do not comply with the provisions of this title, after considering any approved exceptions as provided in this title.

(B) The Planning Commission or City Engineer shall also deny divisions if they do not meet the provi- sions of state law regarding subdivisions, divisions of land, planning and environmental considerations or fail to comply with the city’s General Plan.

(Ord. 2722, passed - -1990)

No application for a parcel map, subdivision map or abandonment shall be filed within six months from the final denial of a substantially identical application which has been denied other than by denial without prejudice. The dismissal, withdrawal or denial without prejudice of any application shall not prevent it from being refiled at any time. (Ord. 2722, passed - -1990)

The Planning Commission is designated as the Advisory Agency, as the same is referred to in the Subdivision Map Act, and is charged with the duties and powers prescribed by state law and the ordinances of the city. (Ord. 2722, passed - -1990)

(A) The words and phrases used in this title shall have the meanings respectively ascribed to them by Title 15 of this code. Whenever any words or phrases used are not defined in Title 15, but are defined in the Subdivision Map Act or other state laws, such definitions are incorporated by reference.

(B) For the purpose of this title, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SUBDIVISION MAP ACT. Cal. Gov’t Code Title 7, Division 2 (commencing with § 66410). (Ord. 2722, passed - -1990)