Belvedere Municipal Code Ch. 18.04 General Provisions

Sections:

The ordinance codified in this Title may be referred to as the “Belvedere Subdivision Ordinance.” (Ord. 89-2 § 2, 1989; Ord. 66 NS § 18, 1950.)

The ordinance codified in this Title is enacted for the purpose of adopting subdivision regulations, in accordance with the Subdivision Map Act of the state of California: provided, however, that this Title shall not affect any agreement, contract or bond executed pursuant to such ordinance or any rights of action accruing thereunder. The Planning Commission of the City, hereinafter referred to as the Planning Commission, is designated as the advisory agency with respect to subdivisions, as provided in said Subdivision Map Act and in Chapter 2.28 of this Code, and shall have all the powers and duties with respect to tentative maps, records of survey, and final maps and the procedure relating thereto which are specified by law and by this Title. (Ord. 89-2 § 2, 1989; Ord. 66 NS § 1, 1950; prior code §§ 20-1.)

Pursuant to Section 66412 of the Government Code of California, this Title shall be inapplicable to:

A. Financing or leasing of apartments, stores, offices or similar space within apartments, and commercial buildings;

• B. Mineral, oil or gas leases;

• C. Land dedicated for cemetery purposes under the Health and Safety Code;

D. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created thereby, provided the lot line adjustment is approved by the Planning Commission, pursuant to the requirements stated in Chapter 18.28 of this Title;

E. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;

• F. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;

G. Certain conversion of apartments from community apartments and/or stock cooperatives to condominiums, provided the conditions of Section 66412(g) and (h) of the Government Code of California are met;

H. The financing or leasing of any parcel of land, or any portion thereof, for any commercial or industrial buildings, or to the construction, financing or leasing of any residential buildings or second units. (Ord. 89-2 § 2, 1989.)

Urban lot splits, as defined by Section 18.04.040, will be reviewed and approved under Chapter 18.27. In the event of a conflict between Chapter 18.27 and any other provisions of this title, Chapter 18.27 shall prevail. (Ord. 2022-10 § 4, 2023.)

The definitions in this Chapter apply to the provisions of the subdivision ordinance codified in this Title only, and do not affect any other provisions of law.

“Advisory agency” means the Planning Commission which is charged with the duty of making investigations and reports on the design and improvements of a proposed division of real property, the imposing of requirements or conditions thereon, or having the authority by this ordinance to approve, conditionally approve or disapprove maps.

“Appeal board” means the City Council which is charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.

“Design” means:

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park or recreational purposes: and

9. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan.

“Development” means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alteration of the land and construction incidental thereto.

“General plan” refers to the most recently adopted version of the general plan of the City.

“Improvement” refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to approval and acceptance of the final map thereof. “Improvement” also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of the general plan.

“Local agency” means the City of Belvedere.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity are not “subdividers.”

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

“Subdivision Map Act” refers to the Subdivision Map Act of the state of California, Sections 66410 through 66499.58 of the California Government Code.

“Tentative map” refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

“Urban lot split” means a subdivision of an existing parcel into no more than two separate parcels that meet all the criteria and standards set forth in this chapter.

“Vesting tentative map” refers to map which meets the requirements of Section 18.20.130. (Ord. 2022-10 §§ 2, 3, 2023; Ord. 89-2 § 2, 1989.)