Chapter 16.04 — GENERAL PROVISIONS

(A) Authority for these regulations is derived from the Subdivision Map Act as set forth in Cal. Gov't Code Title 7, Division 2 (commencing with § 66410, and from California Constitution Article XI, Section 7, which grants the right under the exercise of the police powers, to regulate and protect the health, safety and general welfare of its citizens. The provisions of this title are in addition to the regulations of the Subdivision Map Act and are supplemental thereto. (B) The provisions of this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this title unless said lots are hereafter proposed for further subdivisions. 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annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or in conflict herewith, or with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive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 or ordinance, contract or deed, the provisions of this title shall control. (`83 Code, § 16.04.010) (Ord. 82-19 § 1 (part), 1982)

This title shall have as its purpose the establishment and enforcement of the following principles and minimum standards adopted to protect the health, safety and public welfare of the people of the city:

(A) Effectuating the objectives established for the orderly development of the city in the general plan and the precise plans based thereon;

(B) Establishing standards for lot area and dimensions so as to create reasonable building sites;

(C) Providing standards for the construction and installation of streets, roads, alleys, highways, public utilities and other public facilities;

(D) Providing for uniformity in street widths, proper street alignment, and adequate means of ingress and egress to property;

(E) Preventing the subdivision of land which is subject to inundation or flash flooding, or which is otherwise unsuitable for subdivision;

(F) Establishing standards for land development and provision of access to land so developed, which will facilitate police, fire and other protection, and which will make feasible the provision of other essential municipal services;

(G) Providing for a permanently wholesome community environment, adequate municipal services, and safe streets.

(`83 Code, § 16.04.020) (Ord. 82-19 § 1 (part), 1982)

The city Planning Commission is hereby designated as the advisory agency to the City Council on all matters related to the division and/or subdivision of land.

(`83 Code, § 16.04.030) (Ord. 82-19 § 1 (part), 1982)

(A) It shall be unlawful for any person, as principal, agent, or otherwise, to subdivide any parcel of land, or to sell, lease, convey, quitclaim, or transfer, by contract, deed, or otherwise, any land or any part thereof so subdivided, whether improved or unimproved, in the city, unless and until all of the requirements provided for in this title in relation thereto shall have been complied with.

(B) It shall be unlawful for any person, as principal, agent, or otherwise, for the purpose of evading or nullifying the provisions of this title, to knowingly: Allow a transfer of title to property, or any part thereof, by adverse possession or prescription; conspire or collude with another or others to effect a successive series of subdivisions of a larger parcel into smaller parcels and then each or any of the smaller parcels into smaller parcels; be or become a party to a friendly or sham lawsuit, the purpose of which shall be to cause or to permit a transfer of title of any land or part thereof, whether improved or unimproved; do or perform any other act or wilfully omit to do any act for the purpose of evading or nullifying the provisions of this title.

(C) In addition to other penalties and remedies provided for the prevent ion or punishment of violations of this title, the Planning Commission, the City Engineer, the Development Review Committee, or any other department, agency, officer or agent of the city may refuse to grant building or other permits, and may refuse to grant any other relief sought in relation to the property involved, when, in its or their opinion, an evasion of this title has been wilfully accomplished, and until such time as all of the requirements of this title have been complied with. (`83 Code, § 16.04.040) (Ord. 82-19 § 1 (part), 1982)

The city official responsible for processing any application pursuant to this title shall consult with the Director of Public Works or his or her designee to determine whether such application proposes new construction or other development within a flood-prone area per Chapter 15.48 of this code. (Ord. 2006-09 § 3, 2006)