§ 16.40

The purpose of this chapter is to supplement the provisions of the Subdivision Map Act in order to provide a complete subdivision program for the orderly development of all real property in the city. This chapter is intended to assure compliance with the zoning plan and code of the city and the various elements of the city's general plan.

(Ord. 4815 § 11.01, 1967)

A.

No person shall sell, lease, finance, or transfer title to any minor land division, or portion thereof, or offer to do so, or contract to do so, until a parcel map thereof has been filed in the office of the recorder of this county, in full compliance with provisions of the Subdivision Map Act and all applicable provisions of this title, or until a certificate of exception has been issued in compliance with Section 16.40.040.

B.

This section shall not apply to those divisions of land complying with the provisions of all applicable ordinances and state laws filed in the office of the county recorder prior to May 2, 1967.

C.

A subdivider may fulfill the requirements of this section by filing a final map on any minor land division.

D.

No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall any portion of any parcel be used when not conforming to the provisions of this section.

(Ord. 5325 § 1(A), 1977; Ord. 4815 § 11.02, 1967)

Providing there is no conflict with the provisions of Title 17 of this code, a subdivider may request a certificate of exception in lieu of filing a parcel map or a final map for a lot line adjustment between two or more adjacent parcels, where:

A.

The land taken from one parcel is added to the adjacent parcel;

B.

A greater number of parcels than originally existed is not thereby created; and

C.

A lot line adjustment is approved by resolution of the advisory agency pursuant to administrative guidelines and procedures adopted by them and filed with the city clerk.

D.

If a lot line adjustment is not categorically exempt from the California Environmental Quality Act (CEQA), the lot line adjustment application shall be processed as a tentative map under Chapter 16.20.

(Ord. 6039 § 28, 1983; Ord. 5325 § 1(B), 1977: Ord. 4815 § 11.03, 1967)

16.40.040 - Certificate of exception—Procedure.

A.

Any person requesting the advisory agency to issue a certificate of exception pursuant to Sections 16.40.020 and 16.40.030 shall submit a statement of ownership as specified in subsection B of Section 16.40.110 and a plot plan map of the proposed division with sufficient detail to justify granting an exception. Offsite access, if required, shall be described on the plot plan map and shall be documented by either a recorded easement or by an access policy from an accredited title company which delineates and attests to the existence of a recorded easement.

B.

The zoning administrator shall identify, date, and review the plot plan map, and shall submit the plot plan to the advisory agency with his findings as to compliance with this title. If at any time during the determination period the zoning administrator finds that the plot plan map or supporting documents are improperly

prepared or are insufficient to make a determination, the determination period may be extended for a period of time not to exceed 40 days from the date of filing.

C.

The advisory agency shall review the proposed lot line adjustment and shall approve, conditionally approve, or disapprove the adjustment. The advisory agency shall make findings as required by Section 16.20.170 and shall set forth its findings in writing. If the adjustment is approved, the zoning administrator shall forward 1 copy each to the applicant and to the director of public works. If the adjustment is disapproved, the zoning administrator shall forward to the applicant written notice of the disapproval, together with a statement of the reasons for such action by the advisory agency.

(Ord. 6039 § 29, 1983; Ord. 5325 § 1(C)—(E), 1977; Ord. 4815 § 11.04, 1967)

At the time of submission the applicant shall pay a processing fee for each plot plan map in the amount established by resolution adopted by the board of directors.

(Ord. 5568 § 54, 1982)

16.40.070 - Resolution—Certificate of exception—Appeal to board of directors.

The subdivider may appeal any action taken by the advisory agency pursuant to Section 16.40.040 to the board of directors by written notice to the city clerk in the same manner and subject to the same provisions as prescribed for subdivisions by Section 16.44.020.

(Ord. 5325 § 1(H), 1977: Ord. 4815 § 11.07, 1967)

A tentative minor land division map shall be filed with the advisory agency for review and approval prior to filing a parcel map of any minor land division. If the subdivider elects to file a final map on any minor land division, the preparation and processing of the tentative map shall be in accordance with the provisions of Chapter 16.20.

(Ord. 4815 § 11.08, 1967)

Processing fees for tentative minor land division maps shall be collected from the subdivider in accordance with the provisions of Sections 16.20.040 and 16.20.050.

(Ord. 4815 § 11.09, 1967)

Upon submission of the tentative minor land division map, the advisory agency shall enter the submission date on each copy and shall transmit copies to each of the city departments or other agencies which in the opinion of the advisory agency have an interest in the proposed minor land division.

(Ord. 4815 § 11.14, 1967)

Any reports or recommendations on the tentative minor land division map submitted to the advisory agency shall be submitted in writing to the subdivider prior to final action on the map by the advisory agency. This provision shall be deemed complied with when such reports or recommendations are placed in the mail, directed to the subdivider at his designated address and bearing the proper postage.

(Ord. 4815 § 11.16, 1967)

The advisory agency and board of directors shall make findings as required by Section 16.20.170.

(Ord. 6039 § 30, 1983: Ord. 4815 § 11.18, 1967)

Chapter 16.44 - MODIFICATIONS