American Canyon Municipal Code Ch. 18.02 General Provisions

This subdivision ordinance serves the purpose of promoting the public

health, safety, convenience and general welfare of the city of American Canyon by setting standards for the form and content of tentative, final and parcel maps; to adopt standards to regulate the division of land; and to establish procedures for the review of subdivision maps by the planning commission and city council. The procedures to be followed in securing official approval of subdivision maps shall be governed by the provisions of the laws adopted by the Legislature of the state of California and the additional provisions of this title. All divisions of land shall comply with the provisions of the city's general plan and its elements and the municipal code.

Ord. 98-10 § 1, 1998

(A) When any parcel of land within the city is to be divided into two or more separate lots or parcels; or

(B) Where the lot lines between contiguous parcels are proposed to be adjusted; or

(C) Where two or more parcels of land are proposed to be merged into a lesser number of parcels; or

(D) Where a condominium, community apartment project, stock cooperative project, or other form of common interest project is proposed, including the conversion of existing units into condominium projects as defined in this title; or

(E) Where a reversion to acreage is proposed.

Ord. 98-10 § 1, 1998

The city planning commission is designated as the advisory agency

with respect to subdivisions as provided for in the Subdivision Map Act. The planning commission shall have all the powers and duties with respect to tentative, parcel and subdivision maps and the procedures relating thereto, which are specified by law and by this title, and shall review and recommend approval of any amendment to this title prior to adoption by the city council.

Ord. 98-10 § 1, 1998

(A) It is unlawful for any individual, firm, association, trust, syndicate, co-partnership, corporation, or any other legal entity, as a principal, agent, or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land/or any part thereof in the city of American Canyon, unless and until all the requirements of this title have been complied with.

(B) Any offer to finance, lease, sell or contract to sell, or any financing of a division of land, lease or sale contrary to the provisions of this title shall be a misdemeanor, and any person, firm, corporation, partnership or co- partnership, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the city of American Canyon or other political subdivision or person, firm, corporation, partnership or copartnership may otherwise be entitled and the city of American Canyon or any other political subdivision, or person, firm, corporation, partnership or copartnership may file an action in the Superior Court of the state of California, in and for the county of Napa to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

(C) Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this Title shall be voidable at the option of the transferee in accordance with the provisions of Sections 11540 and 11540.1 of the Business and Professions Code of the State of California, as the same may be amended from time to time.

Ord. 9810 § 1, 1998

In all

respects, any proposed division of land shall conform to the general plan and its elements, the zoning code, any specific plans, and all policies of the city, or any part thereof, including but not limited to the type, density, and intensity of use established for the site, any phasing requirements, and reservations of utility and infrastructure service capacities. The general plan and zoning district designations shall be adhered to in any subdivision application unless applications for amendments thereto are processed concurrently with the subdivision application. In those cases where an amendment to the general plan and/or zoning district designation is processed concurrently with the subdivision application, the parcel map or final map for any division of land may not be recorded with the county recorder until the action on the proposed amendment to the general plan and zoning district designation is final as provided for in the municipal code and state law.

Ord. 98-10 § 1, 1998

Compliance with the provisions

of this title and all conditions of approval are conditions precedent to the issuance of a grading and/or building permit by the city for the use, erection, construction, enlargement, alteration, repair, improvement, removal, conversion or demolition of any building or structure on any lot or parcel of land in the city.

Ord. 98-10 § 1, 1998

Unless otherwise approved by the city engineer, all required soils tests such as

compaction tests for individual lots shall be performed no more than thirty days prior to the issuance of a building permit.

Ord. 98-10 § 1, 1998

Prior to the approval of any parcel map, tentative map, or vesting tentative map pursuant to this title, proof of sewer and water capacity availability to meet the requirements of all of the proposed uses within the project area shall be submitted to the community development director.

Ord. 98-10 § 1, 1998

Subsequent to the approval of the improvement plans,

the developer has two options for commencement of construction work:

(A) The improvements may be installed per the approved plans and then the final map may be recorded; or

(B) Prior to installation of the improvements, a bond or other suitable financial security sufficient to cover the cost of all improvements shall be submitted to the city engineer; the developer shall enter into a subdivision agreement to be approved and accepted by the city council; and the final map is recorded.

Ord. 98-10 § 1, 1998

There shall be no final building inspections

and no certificate of occupancy issued until all applicable conditions of approval are met to the satisfaction of the community development director and the city engineer, and all streets, curbs, gutters, sidewalks, driveway approaches, and underground utilities are in place and all required street lights are installed and connected to electrical circuits from the subdivision entrance to the lots. For residential subdivisions, buildings may not be occupied until the city council has approved a notice of completion to be filed and recorded for the subject subdivision.

Ord. 98-10 § 1, 1998

The city shall not maintain any streets or areas to be dedicated

to the public within any subdivision when the improvements for that subdivision have not been accepted by the city council.

Ord. 98-10 § 1, 1998