§ 16.28

A.

Designated. No land shall be separated in ownership or otherwise divided into two, three, or four parcels; and no such divided parcel shall be separately maintained unless the division conforms to that shown on a division of land map which has been certified by the advisory agency.

B.

Exceptions. The provisions of this section do not apply to the following divisions of land:

1.

Those divisions of land involving five or more parcels;

2.

Those of record prior to the effective date of the ordinance codified in this title;

3.

Those made solely for the purpose of opening or widening of a public street or alley, provided no divisions or lots are created other than those directly caused by such opening or widening;

Those where the resulting number of lots remains the same or is decreased, and such division is not in conflict with this title or Title 17;

5.

Those shown on a record of survey map approved pursuant to the provisions of the Subdivisions Map Act of the state of California;

6.

Those conveying or transferring land and/or any interest therein to any government agency;

7.

Those conveying easements for utility lines;

8.

The division of land into parcels in such manner that each parcel resulting from the division has an area of ten acres or more, access to a public roadway over a street at least forty feet in width and forty feet of frontage on a street to and from which it has the right of access.

(Ord. 734 § 12, 1978; Ord. 575 § 2 (part), 1964: prior code § 8481)

The legislative body shall be required to make findings that a proposed division of land complies with the requirements as set out in this title as to the area, improvement and design, floodwater drainage installment, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title. In any case where the requirement for a parcel map is waived pursuant to this section, a tentative map may be required by local ordinance.

(Ord. 734 § 13, 1978: prior code § 8481.1)

A.

Any person requesting certification of a division of land map shall submit reproducible map to the city clerk showing the proposed division of land. Such map shall be made on tracing paper or cloth eight and onehalf inches wide by eleven inches long or on multiples of this size.

B.

The map shall be legibly drawn, using an engineer's scale to clearly show the following information:

1.

The dimensions and record boundaries of the total parcel, together with a legal description of the total parcel attached to the map;

2.

The dimensions and boundaries of each proposed parcel;

3.

The names, addresses, and telephone numbers of the owners or persons filing the map;

4.

The abutting streets and alleys showing existing improvements and proposed dedications and improvements;

5.

The location of other existing easements;

6.

Such other information as may be deemed necessary to properly consider the proposed division including the location of existing buildings on the property.

(Ord. 575 § 2 (part), 1964: prior code § 8482)

A.

Generally. The advisory agency shall not certify a proposed division of land map unless it determines that the map complies with the various elements of the general plan, provides any street and alley dedications and improvements necessary to achieve the purposes of the regulations set forth in this chapter, and that the parcels shown thereon comply with the minimum yard, lot width and lot area requirements of Title 17. Where property is located in a residential zone and where the advisory agency determines that larger parcels are necessary to assure compatibility with the lot sizes of adjacent property, it may require that the parcels be increased in width and area up to fifty percent above the minimum specified in Title 17.

B.

Certification. When the advisory agency determines that the proposed division of land map complies with all the provisions of the division of land regulations set forth in this chapter and no dedication or improvement is required, it shall certify the map. The property may then be divided in conformance with said certified map, and each parcel may be considered as a separate lot for the purpose of securing a building permit.

C.

Conditional Certification. When the advisory agency determines that additional dedication for widening existing abutting streets or alleys is necessary or improvements are required either on the existing streets or alleys or on additional land being dedicated, it may conditionally certify the proposed division of land map, subject to the following conditions:

1.

Dedication. Any required dedications shall comply with the street and alley design standards of the city and shall be assured by properly executed documents to provide permanent easements to the city. Such documents shall include, but not be limited to, an offer to dedicate property executed by all parties of interest as shown by a current preliminary title report to be furnished by the applicant. Such documents and title report shall be filed with the city clerk before he shall release the conditionally certified map. Any offer of dedication required as a condition of such certification shall be binding on the owner, his heirs, assigns or successors in interests. Such offer may not be withdrawn nor shall any action be taken to jeopardize the city's interest in such offer of dedication unless the city council refuses to accept the offered dedication.

2.

Improvement. Any improvements required by the advisory agency shall be limited to the installation of curbs, gutters, and sidewalks and other grading and surfacing in existing abutting streets and alleys and on additional land being dedicated. In addition, the city engineer may require such other easements or incidental improvements as are essential to the proper installation of required street and alley improvements. All improvements shall be of a width, grade and otherwise installed or assured to the satisfaction of the city engineer. The city engineer shall verify the division of land map when the required improvements have been installed or assured by the posting of bonds or guarantees suitable to the city. Upon such verification, the property may then be divided in conformance with said conditionally certified map and each such parcel shall be considered as a separate lot for the purposes of securing building permits.

D.

Disapproval. In the event the division of land map is disapproved, the disapproval shall be in writing and shall set forth the reasons and clearly indicate wherein the proposed division of land would be contrary to any of the provisions of these regulations.

E.

Determination Time Limit. The advisory agency shall review and either certify, conditionally certify or disapprove the division of land map within thirty days after the filing of the map.

(Ord. 575 § 2 (part), 1964: prior code § 8482.1)

An applicant or any other person aggrieved by a determination of the advisory agency may appeal to the city council. The appeal shall set forth specifically wherein the determination of the advisory agency fails to conform to the provisions of the division of land regulations set forth in this chapter, or wherein the

conditions imposed are improper. Such appeal shall be filed in the office of the city clerk within ten days of the mailing of the notifications of the applicant of the decision of the commission.

(Ord. 575 § 2 (part), 1964: prior code § 8482.2)

The city clerk shall identify each proposed division of land map with an appropriate number and the date of filing and shall be responsible for such additional copies as are needed for processing.

(Ord. 575 § 2 (part), 1964: prior code § 8483)

The city clerk shall submit each offer to dedicate, required as a condition of certification, to the advisory agency for report and recommendation. Thereafter, the offer shall be transmitted to the city engineer for review. If the city engineer determines that the documents are inadequate, he may require the applicant to complete the documents.

(Ord. 575 § 2 (part), 1964: prior code § 8484)

When a division of land map has been certified by the advisory agency, and any required improvements have been constructed or assured to the satisfaction of the city engineer and any required dedications have been accepted by the city council, the city clerk shall approve the final division of land map and record it in the office of the county recorder.

(Ord. 575 § 2 (part), 1964: prior code § 8485)

Before accepting any division of land map for filing, or any appeal, the following fees shall be paid to the finance director/city treasurer:

A.

For each and every division of land map filed in accordance with this section, a fee shall be paid at a rate to be determined by the city council by ordinance or resolution.

B.

For each and every appeal to the city council from the advisory agency determination, a fee at a rate to be determined by the city council by ordinance or resolution shall be paid.

(Ord. 575 § 2 (part), 1964: prior code § 8486)

(Ord. No. 1145, § 1(JJ), 10-2-2012; Ord. No. 1102, § 7, 9-22-09)

The city manager shall be responsible for the enforcement of the division of land regulations as set forth in this chapter. No building permit shall be issued and no building or structure shall be constructed, altered, or maintained on any land which has been separated in ownership or otherwise divided contrary to the provisions of these division of land regulations. When the advisory agency has conditionally certified a division of land map, no building permit shall be issued on any of the parcels shown thereon until all conditions of certificates have been completed.

(Ord. 575 § 2 (part), 1964: prior code § 8487)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of the division of land regulations set forth in this chapter is voidable to the extent and in the same manner as provided in Section 66499.32 of the State of California Government Code for a deed of conveyance, sale or contract to sell made contrary to the provisions of the Subdivision Map Act.

(Ord. 734 § 14, 1978: Ord. 575 § 2 (part), 1964: prior code § 8488)

Chapter 16.32 - IMPROVEMENTS