Clayton Municipal Code Ch. 16.02 General Provisions

This title is adopted to supplement and implement the Subdivision Map Act (Section 66410 et seq. of the Government Code of the State of California) and may be cited as the subdivision ordinance of the City of Clayton. In adopting the ordinance codified in this chapter, it is determined that these regulations are necessary for the preservation of public health, safety and the general welfare, to promote orderly growth and development and the conservation, protection and proper use of land to ensure provisions for adequate traffic circulation, utilities and services and to implement the General Plan.

(Ord. 235, 1987)

The purpose of this title is to regulate and control the division of land within the city and to supplement the requirements of the Subdivision Map Act relating to the content of maps to be provided for all land and condominium divisions and to describe the procedure and roles to be followed in obtaining official approval of such maps.

(Ord. 235, 1987)

Under the provisions of the Subdivision Map Act, and in addition to any other regulations provided by law, the regulations contained in this title shall apply to all subdivisions of land hereafter made entirely or partially within the incorporated boundaries of the City. As an exception, this title shall not apply to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

D. A lot line adjustment between two (2) 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 thereby created, provided the lot line adjustment is approved by the Planning Commission. The Planning Commission shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances. The Planning Commission shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded;

E. Boundary line or exchange agreements to which the State Land 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. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land;

H. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement.

I. The financing or leasing of existing separate commercial or industrial building on a single parcel;

J. The construction, financing, or leasing of dwelling units pursuant to Government Code Section 65852.1, or second units pursuant to Government Code Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units;

K. The leasing of agricultural land for agricultural purposes. As used here, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Ord. 235, 1987)

In carrying out the provisions of this division, the city shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the city is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

(Ord. 235, 1987)

Any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the subdivision Map Act or city ordinance. Owners of parcels or units of land affected by the provisions of this section, shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to Government Code Section 66499.35 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of the Subdivision Map Act and this ordinance, as required pursuant to subdivision (a) of Government Code Section 66499.35, the presumption declared in this section shall not be operative.

(Ord. 235, 1987)

A subdivision shall be deemed established for purposes of subdivision (d) of Government Code Section 66499.30 and any other provision of this title on the date of recordation of the final map or parcel map, except that in the case of (1) maps filed for approval prior to March 4, 1972, and subsequently approved by the city or (2) subdivisions exempted from map requirements by a certificate of compliance applied for prior to such date and subsequently issued by the city pursuant to this ordinance, the subdivision shall be deemed established on the date the map or application for a certificate of compliance was filed with the city.

(Ord. 235, 1987)

A. When any area in a subdivision as to which a final map has been finally approved by a board of supervisors and filed for record pursuant to the Subdivision Map Act is thereafter annexed to the city, the final map and any agreements relating to such subdivision shall continue to govern such subdivisions.

B. When any area in a subdivision or proposed subdivision as to which a tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by local ordinance but which has not been recorded, is annexed to the city, all procedures and regulations required by this ordinance shall be deemed to commence as of the effective date of the annexation and the map shall comply with the requirements of any applicable ordinance of the city.

(Ord. 235, 1987)