El Centro Municipal Code Art. I In General

(a) This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of El Centro."

(b) All land divisions in the city are subject to all of the applicable provisions of the Subdivision Map Act and this chapter. The Subdivision Map Act (Government Code section 66410 et seq.) contains definitions, requirements and procedures applicable to subdividing of property and any reference thereto shall also mean as the law may be subsequently amended by the state. This chapter implements the Subdivision Map Act and includes by reference the definitions, requirements and procedures stated therein. To the extent that the Subdivision Map Act mandates local compliance with its provisions, such Subdivision Map Act provisions shall prevail within the city. To the extent that such provisions are permissive or allow local discretion, the provisions of this chapter shall prevail.

(Ord. No. 08-10, § 1)

The definitions and terms of this chapter apply to the provisions of this chapter and do not affect other provisions of this Code. Whenever terms are used in this chapter that are not specifically defined herein, they shall have the same meaning as is given to them in the Subdivision Map Act.

Adjustment plat. A plat for the purpose of adjusting the boundary between two (2) or more adjacent parcels. Also known as a "lot-line adjustment."

Advisory agency. Advisory agency shall be the planning commission designated as the official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and having the authority to approve, conditionally approve or disapprove maps in accordance with the Subdivision Map Act.

Appeal board. The city council shall be charged with the duty of hearing and making determinations upon appeals with respect to the approval, conditional approval or denial of divisions of real property.

Assistant community development director: Assists the community development director in managing the community development department and assumes the duties and responsibilities of a city building official as referenced in the California Building Code.

Certificate of compliance. A document describing a unit or contiguous units of real property that states that the subdivision thereof complies with the applicable provisions of the Subdivision Map Act and this chapter.

City. The City of El Centro, a general law city, located in Imperial County, California.

City engineer. The city engineer of the City of El Centro.

Community development director: shall be in charge of planning and zoning department, building and safety division, code enforcement and bureau of fire protection. The director shall supervise all employees in the community development department. The director shall administer, control, and supervise all assigned functions of the community development department subject to the approval of the city manager or his/her designee.

County surveyor.

(1) County surveyor includes the county engineer, if there is no county surveyor of Imperial County.

(2) A county engineer registered as a civil engineer after January 1, 1982, shall not be authorized to prepare, examine, or approve the surveying maps and documents. The examinations, certifications, and approvals of the surveying maps and documents shall only be performed by a person authorized to practice land surveying pursuant to the Professional Land Surveyors Act (chapter 15, commencing with section 8700 of division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers Act (chapter 7, commencing with section 6700 of division 3 of the Business and Professions Code).

Final map. A map, except a "parcel map" as defined herein, prepared in accordance with the Subdivision Map Act and this chapter, for the purpose of showing the division of real property, which is designed to be recorded in the office of the county recorder.

Lot. (1)

A parcel of land with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; a unit or tract of real property; or

(2) A parcel of land delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the county recorder, and abutting at least one (1) public street or right-of-way, or easement determined by the planning commission to be adequate for the purpose of access; or

(3) A parcel of land containing not less area than required by the zone in which it is located in conformity with city zoning regulations, abutting at least one (1) public street or right-of-way and held under separate ownership from adjacent property.

Manager. The city manager of the City of El Centro.

Network administrator. The network administrator of the Imperial Valley Telecommunications Agency (I.V.T.A.).

Parcel map. A map, prepared in accordance with the Subdivision Map Act and this chapter, for the purpose of showing the division of real property when a final map is not required, which is designed to be recorded in the office of the county recorder.

Recorder. The county recorder of Imperial County.

Street. Includes state highway; county road or street; public road, street or alley; or public or private thoroughfare, road, street, alley or easement for ingress or egress.

Subdivider. A person, firm, corporation, partnership or association that proposes to divide, divides or causes to be divided real property into a subdivision for themselves or others. Employees or consultants of such are not considered a subdivider.

Subdivision. The division 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, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.

Subdivision Map Act. The act set forth in division 2 of title 7 (section 66410 et seq.) of the Government Code of the State of California.

Tentative map. A map made for the purpose of showing the design 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.

Vesting tentative map. A map which meets the requirements of section 66452 of the Government Code, and this chapter.

Zoning ordinance. The zoning ordinance of the City of El Centro found in chapter 29 of this Code.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 1, 4-2-13)

No person shall create a subdivision except in accordance with the provisions of the Subdivision Map Act and this chapter.

(Ord. No. 08-10, § 1)

No real property, improved or unimproved, consisting of a single unit or two (2) or more contiguous units and owned by the same person or persons shall be divided into two (2) or more lots, including any lot retained by the owner, except in accordance with the provisions of the Subdivision Map Act and this chapter.

(Ord. No. 08-10, § 1)

(a) Except as otherwise expressly provided in this chapter, all of the provisions of the Subdivision Map Act which apply to subdivisions as defined in that act and all of the provisions of this chapter shall apply to subdivisions as defined in this chapter.

(b) This chapter shall not apply to the exclusions cited in the Subdivision Map Act as presently approved or amended in the future. These exclusions include, but are not limited to:

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

(2) Mineral, oil or gas leases.

(3) Land dedicated for cemetery purposes under the health and safety code.

(4) A lot line adjustment between two (2) or more existing adjoining parcels, where the land taken from one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the community development director. The community development director shall limit their 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 community development director shall not impose conditions or exactions on their 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.

(5) Any separate assessment under section 2188.7 of the Revenue and Taxation Code.

(6) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the planning commission or city council.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 2, 4-2-13)

(a) Other provisions of this chapter to the contrary notwithstanding, the requirement for the filing of a tentative map and the preparation, filing and recording of a final or parcel map, for condominium projects on a single parcel, may be waived by the planning commission providing a finding is made that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter and the Subdivision Map Act.

(b) An application for a waiver pursuant to this section shall contain sufficient information to enable the planning commission to make the findings required by this section. An applicant for a waiver pursuant to this section shall pay the fee as prescribed for tentative maps.

(c) Subdivisions wherein dedication or improvements would be required as a condition of approval are hereby deemed not to comply with the findings required by this section for waiver of tentative map and final parcel maps.

(Ord. No. 08-10, § 1)

Notwithstanding the Subdivision Map Act definition of a subdivision, two (2) or more contiguous parcels or units of land which have been created under the provisions of this chapter or any prior law regulating the division of land or a local ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner and no further proceeding under the provisions of the Subdivision Map Act or this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units of land; except that if any one (1) of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the zoning, subdivision or other ordinance of the city and at least one (1) of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city, or which was build prior to the time such permits were required by the city, then such parcels shall be merged for the purposes of this chapter. Voluntary merger of parcels is addressed in Article XII.

(Ord. No. 08-10, § 1; Ord. No. 18-01, § 1, 2-6-18)

No tentative map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed and considered by the advisory agency, or an exemption for CEQA determined to be applicable. The subdivider shall provide such additional data and information; deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(Ord. No. 08-10, § 1)

(a) A report indicating conformity with the general plan required by article 5 of chapter 3 of division 1 (commencing with section 65300) of the Government Code, or any specific plan adopted pursuant to article 8 of chapter 3 of division 1 (commencing with section 65450) of the Government Code, and with the zoning ordinance of the city, shall be included as part of and at the same time as action is considered by the advisory agency or city council on the proposed division of land.

(b) Such a report is not required for proposes of subdivision (a) of section 65402 of the Government Code which involves:

(1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2) Acquisitions, dispositions and abandonments for street widening; or

(3) Alignment projects;

provided that the planning commission expressly finds that any such disposition for street purposes; acquisitions, dispositions, or abandonments for street widening; or alignment projects are minor in nature.

(Ord. No. 08-10, § 1)

Tentative tract maps, parcel maps and other subdivision approvals under this article shall be consistent with the portions of the county hazardous waste management plan (approved February 28, 1990), including any amendments to such plan, relating to siting and siting criteria for hazardous waste facilities. Nothing herein shall limit the ability of the city to attach appropriate conditions to the issuance of any such approval in order to protect the public health, safety or welfare nor to establish more stringent planning requirements or siting criteria than those specified in the county hazardous waste management plan.

(Ord. No. 08-10, § 1)