Chapter 1 — GENERAL PROVISIONS

Section

6-1-1 Title; purpose

6-1-2 Authority to regulate

6-1-3 Governing provisions

6-1-4 Applicability

6-1-5 Merger of contiguous parcels

6-1-6 Separate maps; when required

6-1-7 Control of design and improvement

6-1-8 Map approval; generally

6-1-9 Advisory agency

6-1-10 Delegation of powers and duties

(A) This title shall be known as may be cited as the “City of Livingston Subdivision Ordinance”.

(B) This title is deemed necessary in order to protect the public health, safety and general welfare, including the orderly growth and development of the city; the beneficial use of land in the public interest; the conservation, stability and protection of property values, and to assure provision for necessary utilities, public roads and other conveniences in subdivided areas.

(Ord. 295, passed 2-4-1986)

Pursuant to the authority conferred by Cal. Gov’t Code Title 7, Division 2, §§ 66410 through 66499.40 cited as the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in this title are established herewith and shall apply to all subdivisions or parts of subdivisions wholly or partly within the city, and to the preparation, filing and approval of maps.

(Ord. 295, passed 2-4-1986)

The design, improvement and survey data for subdivisions, the form and content of tentative, final and parcel maps, and the

procedure to be followed in securing official approval shall be governed by the provisions of the Subdivision Map Act and by the additional provisions of this title.

(Ord. 295, passed 2-4-1986)

(A) The provisions of this title shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date hereof, unless those lots are hereafter proposed for further subdivision. It is not intended by this title to repeal, abrogate or in any way impair or interfere with existing provisions of other laws or ordinances, (except those specifically repealed by the ordinance codified in this title) or with private restrictions placed upon the property by deed, covenant or other private agreements, or with restrictive covenants running with the land. Only those improvement standards applicable at the time a tentative subdivision or parcel map is approved, shall be imposed.

(B) The provisions of this title shall not be applicable to:

1. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings,

commercial buildings, mobilehome parks or trailer parks;

2. Mineral oil or gas leases;

3. Land dedicated for cemetery purposes under the Health And Safety Code of the state;

4. A lot line adjustment between two 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 following the filing by the divider of an application therefor furnished by the city and the payment of an application processing fee in a sum as may be established by Council resolution;

5. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of

tide and submerged lands is a party; and

6. Short term leases (terminable by either party or not more than 30 days’ notice in writing) of a portion of the operating

right-of-way of a railroad corporation defined as such by Cal. Public Utilities Code § 230 unless a showing is made in individual cases, under substantial evidence, that public policy necessitates the application of such regulations to such short term leases in such individual cases.

(Ord. 295, passed 2-4-1986)

(A) Two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or city ordinance enacted pursuant thereto or where 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 Subdivision Map Act or this chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; except that if any one 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 provisions of the zoning ordinance or other city ordinance and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the city building inspector or which was built prior to the time such permits were required by the city, then such parcels shall be merged only to the extent necessary to form one or more units which conform to lot area, width and depth requirements set by the city zoning ordinance, for the purposes of the Subdivision Map Act and this title.

(B) Any parcels or units of land merged prior to July 7, 1977, shall be deemed unmerged and separate parcels except where merger is necessary to form one or more units which conform to the area, width and depth requirements set by the city zoning ordinance.

(C) Whenever it has been determined that real property has merged pursuant to the Subdivision Map Act or this title, the Secretary of the Planning Commission shall cause to be filed for record with the County Recorder a notice of such merger specifying the names of the record owners and particularly describing the real property, provided that, at least 30 days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

(Ord. 295, passed 2-4-1986)

A separate map shall be prepared for each subdivision where land is separated from other land in a parcel or holding by division other than a street, highway, approved private road, alley, railroad right- of-way, flood control right-of-way, canal or public utility right-of-way.

(Ord. 295, passed 2-4-1986)

Control of design and improvement of subdivisions is vested in the City Council.

(Ord. 295, passed 2-4-1986)

Jurisdiction to approve tentative and final subdivision maps and tentative parcel maps within the city is vested in the City Council. Authority to approve parcel maps conforming to approved tentative parcel maps is delegated to the Planning Director.

(Ord. 295, passed 2-4-1986)

The Planning Commission is designated as the advisory agency to the City Council on all matters related to the subdivision of land.

(Ord. 295, passed 2-4-1986)

Whenever, by the provisions of this title, a power of authority is given to, or where a duty is imposed upon any public officer, it may be exercised or performed by any deputy or departmental officer authorized by him or her pursuant to law unless it is expressly provided that it shall be exercised in person.

(Ord. 295, passed 2-4-1986)