La Mesa Municipal Code Ch. 22.01 General

This title shall be known as the "Subdivision Ordinance" and may be cited as such.

No subdivision shall be created except in accordance with this title. Subdivided lands may be merged and resubdivided without reversion to acreage by complying with all of the applicable requirements for the subdivision of land as provided by the Subdivision Map Act and this title. This title is inapplicable to land conveyed to or from a governmental agency, public entity or public utility unless a showing is made in individual cases that public policy necessitates a map. Any action or proceeding to attack, review, set aside, void or annul the decision of the Planning Director, Planning Commission, or City Council concerning a subdivision, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality, or validity of any condition, shall be commenced and service of summons effected within ninety (90) days after the date of such decision. After the ninety (90)-day time period has ended, all persons are barred from taking any such actions or proceedings.

Words used herein which are defined in the Subdivision Map Act and are not specifically defined in this chapter shall have the same meaning as is given to them in that Act. The following words, when used in this title, shall have the meanings ascribed to them in this chapter.

A. "Apartment" shall be as defined in the Uniform Building Code.

B. "Community apartment project" means an undivided interest in the land coupled with the right of exclusive occupancy of any apartment located thereon.

C. "Community housing" includes the following: a condominium project, a community apartment project, and a stock cooperative.

D. "Condominium" is defined in Section 783 of the Civil Code, as an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

Such estate may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance or perpetual estate, (2) an estate for life, or (3) an estate for years, such as a leasehold or a subleasehold.

E. "Condominium project" means the entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

F. "Days" - Any reference to "days" shall include calendar days.

G. "Lots" include lots and parcels.

H. "Major subdivisions" are divisions of land creating five or more lots, or of airspace creating five or more units of "community housing," except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street, and no dedication or improvements are required by the City Council, or

2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street, or

3. The land consists of a parcel or parcels of land having approved access to a public street which comprises part of a tract of land zoned for commercial or industrial development, and which has the approval of the City Council as to street alignments and widths, or

4. Divisions of land created by gift deed, or

5. Any portion of land resulting from a judicial action or court judgment.

I. "Minor subdivisions" are all divisions of land other than major subdivisions, including community housing projects of four or less units.

J. "Planned Unit Development" are divisions of land into lots, one or more of which is held (1) in common fractional or decimal ownership by the owners of separately owned lots or (2) by a corporation or unincorporated association of which said separate owners are the members, for the purpose of access, open space, recreation and other purposes of common benefit to said members.

K. "Project" means the entire parcel of real property, including all structures thereon, all or part of which is rented or leased for residential purposes and is proposed to be divided, as land or airspace, into two or more lots, parcels, units or rights of exclusive occupancy.

L. "Stock Cooperative" is a corporation which is formed or availed of primarily for the purposes of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

M. "Tentative Map" is 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.

(Ord. 2414 § 1; December 17, 1985).

N. "Urban Lot Split" means a residential subdivision of an existing single, legal lot in a single-family residential zone into two parcels of approximately equal lot area as authorized by California Government Code Section 66411.7.

O. "Vesting Tentative Map" is a map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with the proceedings established in Chapter 22.07 of the Subdivision Code of the city of La Mesa. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map.

(Ord. 2414 § 1; December 17, 1985; Ord. 2022-2894, § 2, February 8, 2022)