Chapter 7.01 — PURPOSE AND APPLICABILITY

This title is known as the Subdivision Ordinance of the City of Menifee, hereinafter referred to as the title. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The purpose of this title is to provide the city with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed division, consolidation, and/or reconfiguration of land within the city. (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

This title is adopted pursuant to the authority reserved to the city by Article XI, Section 7, of the California Constitution and the authority granted to the city by § 66411 of the Cal. Gov’t Code to supplement and implement the California Subdivision Map Act, §§ 66410 et seq. of the Cal. Gov’t Code, as may be amended from time to time, hereinafter referred to as the Map Act.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

This title shall apply to any division, consolidation, and/or reconfiguration of land within the city, except as identified in § 7.01.050 (Exceptions), and shall govern the preparation, processing, and approval of all tentative maps, final maps, parcel maps, lot line adjustments, parcel mergers, reversions to acreage, and waivers and all other actions regulated hereby. Any other matter not regulated by this title shall be regulated by the Map Act.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The following are excepted from Division 2 of Title 7 of the Cal. Gov’t Code. These exceptions are described more fully in Cal. Gov’t Code §§ 66412 et seq .:

(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 to cemetery purposes under the Cal. Health and Safety Code.

(D) Lot line adjustments between four or fewer existing adjacent parcels, where the land taken from one parcel is

added to an adjacent parcel and where no new parcels are created, provided that subject to the provisions of Map Act § 66412(d), the lot line adjustment or parcel merger is approved pursuant to Chapter 7.45 (Lot Line Adjustments) of this title.

(E) 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.

(F) Any separate assessment under § 2188.7 of the Cal. Rev. and Tax. Code.

• (G) The conversion of a community apartment project (Cal. Gov’t Code § 66412(g)).

• (H) The conversion of a stock cooperative (Cal. Gov’t Code § 66412(h)).

• (I) The financing or leasing or 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.

• (J) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

• (K) The financing or leasing of dwelling units pursuant to § 65852.1 or accessory dwelling units pursuant to §

• 65852.2 of the Cal. Gov’t Code; however, this title shall apply to the sale or transfer, but not the leasing, of those units.

• (L) Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock.

• (M) Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet.

• (N) The leasing or licensing of a portion of a parcel or the granting of an easement, use permit, or similar right for the purpose of financing, erection, sale, or lease of:

• (1) Wind-powered electrical generation facilities (Cal. Gov’t Code § 66412(i));

• (2) Cellular radio transmission facilities (Cal. Gov’t Code § 66412(j));

• (3) Solar electrical generation facilities (Cal. Gov’t Code § 66412(l)); or

• (4) Certain agricultural waste projects (Cal. Gov’t Code § 66412(m)).

• (O) Conveyance of land to or from a government agency, public entity, or public utility, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.

• (P) Conveyance of land to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel

map.

• (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

No division, consolidation, and/or reconfiguration of land within the city pursuant to this title is to be approved for processing under this title unless it is consistent with the General Plan. In the event of any conflict between this title and the General Plan, the General Plan shall prevail. In the event this title becomes inconsistent with the General Plan by reason of an amendment thereto or an element thereof, this title shall be amended within a reasonable time so that it is consistent with the General Plan as amended.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter, or change any other city ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this title conflict with any other city ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:

(A) Specific plans. Where a specific plan has been adopted containing specific use, development, design, and/or improvement standards, the standards and provisions contained in this title shall not apply to the degree that they are not consistent with the use, development, design, and/or improvement standards contained in the specific plan.

(B) Development agreements . Where a development agreement has been adopted containing specific use, development, design, and/or improvement standards, the use, development, design, and improvement standards

contained in this title shall not apply to the degree that they are not consistent with the use, development, design, and/or improvement standards contained in the development agreement.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The provisions of this title are not intended to abrogate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this title.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

Should any section, chapter, paragraph, phrase, or any portion of this title be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases, or parts hereof as adopted or amended.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)