§ 16.04

The ordinance codified in this title shall be known as the "Subdivision Ordinance."

(Ord. 575 § 2 (part), 1964: prior code § 8401)

This title is adopted pursuant to the Subdivision Map Act as set forth in the Government Code of the state of California.

(Ord. 734 § 1, 1978: Ord. 575 § 2 (part), 1964: prior code § 8402)

This title is to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of tentative maps and final maps, and the procedure to be followed in securing the official approval of the city of such maps or division of land maps as authorized by this title.

(Ord. 575 § 2 (part), 1964: prior code § 8403)

To subdivide land in the city a final map of the subdivision must be recorded. Prior to the recording of such map, certain requirements must be complied with as set forth in this title, and in such rules and regulations as are adopted supplemental thereto.

(Ord. 575 § 2 (part), 1964: prior code § 8404)

Concurrent with the submittal of an application for development and/or permit under this title, a fee shall be paid, in the amount prescribed in the Maximus Citywide Master User Fee Schedule to cover the costs incurred in the processing of the application. Additionally, a deposit shall be made, in the amount estimated if a consultant is necessary to assist the city in the processing of an application, including without limitation, consultant fees to perform CEQA review, costs for engineering services, costs for plan checks, and/or costs of any technical studies required by traffic or other technical consultants. In no case shall the

application be set for hearing or action by the planning commission or city council until such time as any balance for such application processing fees is paid in full. In the event the amount of the deposit exceeds the actual amount of costs, the difference shall be refunded to the applicant.

(Ord. No. 1122A, § 2, 9-21-10)

A.

As one of the application submittal requirements, for development and/or a permit under this title, the property owner or the applicant, in the event the applicant is not the property owner, shall show written proof to the director of possession of a legal or equitable interest in the property that is to be the subject of the development and/or permit pursuant to this title. No application for development and/or a permit shall be deemed complete unless the legal or equitable interest is verified. Further, this requirement of having a legal or equitable interest in the property shall be maintained throughout the development permit processing and shall be verified prior to final action or the setting of any planning commission or city council hearing on the permit or entitlement.

B.

For purposes of this title, "legal or equitable interest" shall mean possession of:

1.

An estate in fee simple;

2.

A joint tenancy;

3.

A tenancy in common;

4.

A leasehold estate;

5.

An easement (if it encompasses the extent of development sought);

6.

An option to purchase;

7.

An option to lease;

8.

A binding agreement or contract to exchange or transfer an interest in land;

9.

An interest as a beneficiary of a trust;

10.

An interest as a trustee with a power of sale;

11.

Any other real property interest(s) that the director, in consultation with the city attorney, determines is a legal or equitable interest in real property for purposes of this title.

(Ord. No. 1122A, § 3, 9-21-10)

Chapter 16.08 - DEFINITIONS