§ 24.10

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Final map means a map prepared in accordance with the provisions of this chapter and the Subdivision Map Act, which map is designed to be placed on record in the office of the County Recorder.

Owner means the person having sufficient property interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same.

Terms used in this chapter but not defined in this section shall have the meanings ascribed thereto in the Subdivision Map Act (Government Code section 66410 et seq.).

(Code 1968, § 27-1)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

Sec. 24.10.015. - Applicability of chapter.

(a)

The regulations in this chapter shall apply to all subdivisions of land wholly or partially within the Town and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act of the State, and each subdivision and each part thereof lying within the Town shall be made, and each such map shall be prepared and presented for approval, as provided for and required in this chapter.

(b)

This chapter shall also apply to the division of land into lots or parcels which do not constitute a subdivision as defined in this chapter.

(Code 1968, § 27-2)

Sec. 24.10.020. - Advisory agency; powers.

(a)

The Planning Commission is the advisory agency for the Town under the Subdivision Map Act and is authorized to approve, conditionally approve, or disapprove all maps except vesting tentative maps.

(b)

The Planning Commission will report to the Town Council on its recommendations regarding vesting tentative maps but does not have authority to approve or disapprove vesting tentative maps.

(Code 1968, § 27-3; Ord. No. 1963, § VII, 11-15-93; Ord. No. 1966, § I, 1-18-94)

Sec. 24.10.025. - Development Review Committee.

The Development Review Committee:

(1)

Under the provisions of section 29.10.070 of chapter 29 of this Code and section 66424.2 of the State Subdivision Map Act, determines whether lots have been merged.

(2)

Determines and issues zoning approval for lot line adjustments and lot mergers.

(3)

Regularly reviews and makes recommendations to the Planning Commission concerning the determination of all subdivision matters which come before the Planning Commission.

(4)

Is the advisory agency for the Town authorized to approve, conditionally approve or disapprove subdivision maps consisting of four lots or less.

(Code 1968, § 27-3.5; Ord. No. 1821, § II, 5-21-90; Ord. No. 1963, § VII, 11-15-93)

Sec. 24.10.030. - Boundary changes.

(a)

The Development Review Committee has authority to approve boundary changes when:

(1)

The boundary change will not create any new lack of conformity, or any increase in the degree of nonconformity, with ordinance or statute;

(2)

All owners of record title interest consent by means of acknowledged instruments in a form satisfactory to the Town Engineer; and

(3)

The Development Review Committee determines the boundary change will not cause any condition that is contrary to the general public welfare.

(b)

To evidence an approved boundary change, a map prepared from records or a record of survey showing all parcels in the after condition, as required by the Town Engineer, shall be recorded.

(Code 1968, § 27-4; Ord. No. 1821, § III, 5-21-90)

Sec. 24.10.035. - Division of existing structures.

In any approval of a tentative subdivision map or of a parcel map, which will, when filed for record, authorize the division of any existing building into parts for the purpose of sale, lease or financing, the advisory agency shall require as a condition of approval of the final subdivision map or as a condition of recordation of the parcel map, that the subdivider or applicant for the parcel map approval complete all work necessary so that each building which is to be divided will meet current code standards for new construction. As used in this section, the phrase "current code standards" refers to all standards in construction codes such as the Uniform Building Code and Uniform Fire Code, in addition to subdivision standards.

(Code 1968, § 27-4.5)

Sec. 24.10.040. - Modifications.

(a)

Whenever the Development Review Committee finds the land included in a subdivision is:

(1)

Of such size or shape;

(2)

Subject to such title limitations of record;

(3)

Affected by such topographical location or conditions; or

(4)

Is to be devoted to such use; that it is impossible or impractical in the particular case for the subdivider to conform fully to a regulation contained in this chapter; the Development Review Committee may recommend such relief from the regulations as it determines is necessary.

(b)

To support each recommendation for relief the Development Review Committee must find that a special, individual reason makes the strict letter of the regulation impossible or impractical to observe and that the modification conforms with the spirit and purpose of the Subdivision Map Act, the general plan, and this chapter. The Development Review Committee transmits a written report to the advisory agency, setting

forth each modification recommended and the facts relied on to support the recommendation. The advisory agency may approve or deny each such relief.

(Code 1968, § 27-5)

Sec. 24.10.045. - Legal remedies under chapter.

Nothing contained in this chapter shall bar any legal, equitable, or summary remedy to which the Town or other political subdivision or any person may be entitled; and the Town or such other political subdivision or person may file a suit in the Superior Court of the County to restrain or enjoin any attempted or proposed subdivision or sale in violation of this chapter.

(Code 1968, § 27-6)

Sec. 24.10.050. - Violations, merger and compliance.

(a)

The question of whether real property has been divided in violation of the provisions of the Subdivision Map Act or Town ordinance, or has merged by operation of law under the provisions of the Subdivision Map Act and Town ordinance is considered by the Development Review Committee.

(b)

Notices of intention to record a notice of violation (Government Code section 66499.36) are prepared and filed for record by the Town Attorney after consultation with the Town Engineer and Planning Director, and are signed by the Planning Director.

(c)

The Development Review Committee determines whether land fails to comply with the provisions of the Subdivision Map Act or Town ordinance in the same way it determines applications for tentative map approval.

(d)

Certificates of compliance may be used to recognize an existing parcel as a separate unit from other units of land.

(e)

The Development Review Committee may condition issuance of the certificate of compliance in the manner provided by the Subdivision Map Act and chapter 29 of this Code. The Development Review Committee may deny issuance of a certificate of compliance only in those instances where it finds that compliance by the landowner with the conditions permitted under Government Code sections 66451.30 and 66499.35 is impossible.

(f)

Certificates of compliance are prepared and filed by the Town Attorney and are signed by the Town Engineer and Planning Director.

(g)

The filing fees for applications for certificates of compliance determined by the Development Review Committee are set by Town Council resolution.

(h)

Neither proceedings under this section, nor issuance of a certificate of compliance, bars any civil remedy, including the remedies mentioned in Government Code section 66499.33 nor any criminal prosecution.

(Code 1968, § 27-6.5; Ord. No. 1753, § I, 5-16-88; Ord. No. 1757, § I, 8-1-88; Ord. No. 1821, § IV, 5-21-90)

Sec. 24.10.055. - Parcel map generally.

(a)

A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for:

(1)

Subdivisions created by short-term leases (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by section 230 of the Public Utilities Code;

(2)

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map;

provided, however, that upon a showing made to the advisory agency based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply.

(b)

Such maps shall meet all the requirements of the Subdivision Map Act and of this chapter and shall show all dedications or offers of dedication thereon. The advisory agency may require that such dedications or offers of dedication be made by deed in lieu of or in addition to those appearing on the map.

(Code 1968, § 27a-6)

Sec. 24.10.060. - Improvement security—Required.

Any improvement agreement contract or act required or authorized by the Subdivision Map Act, for which security is required, shall be secured in the manner provided for in section 66499 of the Subdivision Map Act.

(Code 1968, § 27a-16)

Sec. 24.10.065. - Same—Amount.

(a)

The improvement security shall be in the maximum amount set forth or authorized in section 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the Town Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the Town in successfully enforcing the obligation secured.

(b)

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement.

(Code 1968, § 27a-17)

Sec. 24.10.070. - Map processing fee.

Every person submitting a final map, parcel map or tentative map shall pay a processing fee in an amount prescribed by resolution of the Council.

(Code 1968, § 27a-8)

Sec. 24.10.080. - Town-initiated parcel merger.

(a)

The Town may initiate a merger of a parcel with a contiguous parcel held by the same owner if any one (1) of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance applicable to the parcel and if, in accordance with Government Code Section 66451.11, all of the following requirements are satisfied:

(1)

At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel.

(2)

With respect to any affected parcel, one (1) or more of the following conditions exists:

a.

Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply;

d.

Does not meet slope stability standards;

e.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f.

Its development would create health or safety hazards; or

g.

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

(b)

Before initiating a parcel merger, the Town will notify the owner of the affected parcels and provide the owner with the opportunity for a public hearing. The public hearing will be conducted by the Planning Commission. The decision of the Planning Commission may be appealed to the Town Council within ten (10) days of the decision of the Planning Commission. The decision of the Town Council shall be final.

(Ord. No. 2337, § II, 2-22-23)

ARTICLE II. - TENTATIVE MAP

Sec. 24.20.010. - Generally.

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Planning Department. The map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter.

(Code 1968, § 27a-7)

Sec. 24.20.015. - Filing.

Tentative maps shall be filed with the Planning Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the Planning Director.

(Code 1968, § 27a-9)

Sec. 24.20.020. - Compliance with applicable ordinances.

(a)

Applications for approval of tentative maps, including the maps themselves, shall not be accepted for filing or be deemed to have been filed unless such applications fully comply with the provisions of this chapter.

(b)

If the design of a proposed subdivision or the intended use of the land included in a proposed subdivision does not comply with all rules of the applicable zone, the tentative subdivision map shall not be accepted for filing or be deemed to have been filed unless the subdivider concurrently prosecutes proceedings under chapter 29 of this Code to change the zone or to obtain a variance from the provisions thereof, and the change or variance would, if granted, allow the subdivision or intended use.

(c)

The time period during which action by the advisory agency upon a tentative map is required does not begin until the map can be and is accepted for filing pursuant to the provisions of this section.

(Code 1968, § 27-10.1)

Sec. 24.20.025. - Form.

Every tentative map of a subdivision, prints of which are filed with the Planning Department, shall be clearly and legibly drawn to scale and in such size and such form as may be prescribed by the Planning Director, and shall show clearly all the details of the proposed subdivision.

(Code 1968, § 27-8)

Sec. 24.20.030. - Contents.

Every tentative map of a subdivision shall include the following information:

(1)

The tract name or designation.

(2)

A sufficient legal description of the land to define the boundaries of the proposed tract.

(3)

The name and address of the owner and subdivider and of the registered civil engineer or licensed surveyor.

(4)

The locations, names and widths of all adjoining highways, streets, or ways, the names of adjacent subdivisions and the names of record owners of unsubdivided adjoining property.

(5)

The width and approximate grades of rights-of-way and roadways for all highways, streets and ways within such proposed subdivision, with typical cross sections showing proposed improvements.

(6)

The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage or sewers.

(7)

The approximate radius of all curves.

(8)

The approximate lot layout and the approximate dimensions of each lot.

(9)

The approximate location and direction of flow of all watercourses and natural drainage channels; and approximate locations of all areas covered by water or subject to overflow.

(10)

The flood hazard area and the elevation of the base flood.

(11)

The elevation of proposed structures and pads. If the site is to be filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Flood Administrator.

(12)

The source of water supply.

(13)

The proposed method of sewage disposal.

(14)

The proposed use of the property.

(15)

The proposed public areas, if any.

(16)

Contour lines showing one-foot contours for ground slopes of less than five (5) feet vertical and one hundred (100) feet horizontal distance, and five-foot contours for ground slopes in excess thereof. Such contours shall be referred to the mean sea level datum as established by the United States Geological Survey, or to benchmarks established by the Town Engineer. Proposed cuts and fills shall be clearly delineated on the map in accordance with the provisions of chapter 12.

(17)

The date, north point and scale.

(18)

The number of each lot.

(19)

The approximate location and outline to scale of each existing building or structure which is not to be moved in the development of the subdivision.

(20)

Each street shown by its actual street name or by a temporary name or letter for the purpose of identification until the proper name of such street is determined.

(21)

The proposed division of land and airspace within the subdivision.

If it is impossible or impracticable to place upon the tentative map any matter required in this section, such matter or information shall be furnished in a written statement which shall be submitted with such map. Before preparing a tentative map the subdivider and his engineer shall familiarize themselves with the subdivision design standards of the town which may be adopted from time to time by the Town Council.

(Code 1968, § 27-9; Ord. No. 1763, § V, 10-3-88)

Sec. 24.20.035. - Covenants, etc., for condominiums and planned developments.

(a)

When the proposed subdivision is a condominium or a planned development, the subdivider shall present with the tentative map a copy of any instrument or document such as covenants, conditions and restrictions which is intended to be used to effect the subdividing of the land.

(b)

The regulation imposed by this section is not limited to the instruments commonly referred to as covenants, conditions and restrictions, and includes legends on subdivision maps, deeds of easements, articles of incorporation and bylaws.

(Code 1968, § 27-9.5)

Sec. 24.20.040. - Transmittal of copies; reports and recommendations of officials, utility companies, etc.

Upon receipt of a complete application for tentative map approval, including the required number of copies of maps and documents, the planning director shall transmit copies of the application to Town officials, public utilities or other persons, with a request for a report and recommendation.

(Code 1968, § 27-10)

Sec. 24.20.045. - Public hearing.

The advisory agency shall hold a public hearing on the consideration of each tentative map, and notice thereof shall be given as provided in Government Code section 66451.3. Any interested person may appear at such a hearing and shall be heard.

(Code 1968, § 27a-10)

Sec. 24.20.050. - Consideration by planning commission.

On the date set for consideration of a tentative map of a subdivision, the advisory agency shall hear the reports and recommendations of the Development Review Committee. The advisory agency shall also hear all comments and opinions of the subdivider and the subdivider's representatives.

(Code 1968, § 27-12)

Sec. 24.20.055. - Review of covenants, etc.

In addition to considering all aspects of the physical design and plans for improvement of the subdivision, the advisory agency shall consider the material required to be presented under the provisions of section 24.20.035 in determining whether the proposed subdivision complies with the standards of approval of State law and of this chapter.

(Code 1968, § 27-12.5)

Sec. 24.20.060. - Approvals.

The advisory agency is authorized to approve or disapprove tentative maps, to impose such conditions on approvals as are necessary, either for the public welfare or to offset the burdens the subdivision will impose on the public, and to make findings under the provisions of Government Code sections 66473.5 and 66474.

(Code 1968, § 27a-12)

Sec. 24.20.065. - Two maps of the same land.

When approving an application for a tentative map showing land which is also shown on a previously approved, unexpired tentative map, the advisory agency may as a condition of approval of the second tentative map annul the first approval.

(Code 1968, § 27-13.5)

Sec. 24.20.070. - Expiration of tentative map approval.

(a)

Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Department, such application to be filed at least sixty (60) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(c)

Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of twelve (12) months.

(d)

Effect of map modification on extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(e)

Exceptions. The time limits contained in this section are subject to the exceptions specified in Government Code section 66452.6.

(Code 1968, § 27a-13)

Sec. 24.20.075. - Appeals.

Any interested person adversely affected by a decision of the advisory agency may file an appeal with the Town Clerk concerning such decision. Any such appeal shall be filed with the Clerk within ten (10) days after the action which is the subject of the complaint. Upon the filing of that appeal, the Clerk shall set the matter for hearing. The Town Council shall hear the appeal within thirty (30) days. The notice, hearing and decision shall be conducted in the manner provided by Government Code section 66452.5.

(Code 1968, § 27a-14)

Sec. 24.20.080. - Dedication requirements.

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and open space land or easement, park lands, trail rights-of-way or easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements.

(Code 1968, § 27a-15)

ARTICLE III. - FINAL MAP