§ 17.04

This Title is adopted pursuant to Chapter XI, Section 7 of the California Constitution to supplement and implement the California Subdivision Map Act, California Government Code Section 66410 et seq. and may be cited as the subdivision ordinance of the City.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

The purpose of this Title is to provide the City with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed subdivision, reconfiguration and/or consolidation of land within the City to the extent authorized by the California Subdivision Map Act.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Except as specifically excluded by the Subdivision Map Act or this Title, the provisions of this Title shall apply to any division of real property wholly or partially within the incorporated area of the City, and shall govern the filing, processing, approval, conditional approval or disapproval of tentative tract maps, final maps, tentative parcel maps, and parcel maps and any modifications thereof. Except as otherwise provided in this Title and in the Subdivision Map Act, all subdivisions shall be subject to the same substantive and

procedural requirements. Subdivisions and incorporated territory adjacent to the City shall be subject to these provisions to the extent permitted and as provided by California Government Code Section 66454.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

This Title shall not apply to:

A.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

B.

Mineral, oil or gas leases;

C.

Land dedicated to cemetery purposes under the California Health and Safety Code;

D.

Lot line adjustments between four or fewer adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where no new parcels are created, provided that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved pursuant to Chapter 17.32.

E.

Any separate assessment under California Revenue and Taxation Code Section 2188.7;

F.

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvement;

G.

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

H.

The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or accessory dwelling units pursuant to California Government Code Section 65852.2; but this Title shall apply to the sale or transfer, but not the leasing of those units;

I.

Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock;

J.

Any other mandatory exceptions to the applicability of the Subdivision Map Act, as provided in the Subdivision Map Act.

(Ord. No. 338, § 4, 5-24-2022; Ord. No. 336-U, § 4, 1-25-2022; Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.04.050 - Review, approval and appeal body.

A.

The authority for review, recommendations and approval of subdivisions and related land actions is as follows:

Table 17.04.050 Review, approval and appeal body

B.

In instances when tentative maps, tentative parcel maps, or vesting tentative maps are processed concurrently with other land use applications requiring City Council action, such as a zone change, development agreement, or environmental impact report, the City Council shall have final jurisdiction in approval, conditional approval, or denial of the tentative map, tentative parcel map or vesting tentative map.

C.

The City Council shall be the final appeal body on all appeals.

(Ord. No. 338, § 5, 5-24-2022; Ord. No. 336-U, § 5, 1-25-2022; Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.04.060 - Conformance to General Plan, specific plans, and zoning regulations.

A.

No land shall be divided and developed for any purpose which is not in conformity with this Title and with the City General Plan, any applicable specific plan, the Zoning Code, or regulatory ordinance of the City.

B.

The type and intensity of land use as shown on the General Plan and any applicable specific plan shall determine, together with the requirements of the California Subdivision Map Act and this Title, the type of streets, roads, highway, utilities and public services that shall be provided by the subdivider.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

The applicant for a subdivision pursuant to this Chapter, and further as a condition of an approval of a subdivision, shall:

1.

Defend, indemnify and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the City's decision to approve any tentative map (tract or parcel) development, approval or authorization and approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by California Government Code § 66474.9. This indemnification shall include, but not limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys' fees and other costs liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding.

2.

Defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or General Plan amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

3.

Indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in the section.

B.

In the event that a proceeding described above is brought, the City shall promptly notify the applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this Section shall prohibit the City from participating in the defense of any proceeding.

C.

In the event that the applicant is required to defend the City in connection with any proceeding described in this Section, the City shall retain the right to approve:

1.

The counsel to so defend the City;

2.

All significant decisions concerning the manner in which defense is conducted; and

3.

Any and all settlements, which approval shall not be unreasonably withheld.

D.

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

If any provision of the ordinance codified in this Title or the application thereof to any person or circumstances is held to be invalid the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Provisions of this Code which except or exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision shall not be construed to apply to lease projects, condominiums, or community apartment projects.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Whenever a public hearing is held pursuant to this Title, notice of hearing shall be in accordance with California Government Code Section 66451.3. The notice of hearing shall also comply with the following requirements:

(Ord. No. 327, § 4(Exh. 1), 10-22-2019; Ord. No. 253, § 3(Exh. 1), 10-12-2010)

All applicants submitting maps as required by this Title shall pay all fees and/or deposits as provided by City codes and by City Council resolutions and ordinances establishing applicable fees and deposits.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A violation of Subdivision Map Act shall be punishable in accordance with California Government Code Section 66499.31, and shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Chapter 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in the City Code.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Chapter 17.08 - DEFINITIONS

Sections: