Modesto Municipal Code Art. 1 General Provisions

This chapter is for the purpose of adopting subdivision regulations, under the authority of and in accordance with the provisions of Division 2 of Title 7 of the Government Code of the State of California, and any future amendments thereto, referred to herein as the Subdivision Map Act, and is in addition to any other regulations provided by law.

(Ord. 1041-N.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., effective March 10, 1975, and amended during 11-98 supplement)

(a) The Modesto City Planning Commission, hereinafter referred to as the Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided in the Subdivision Map Act.

(b) The Planning Commission shall have all the powers and duties with respect to tentative maps, parcel maps, final maps, and lot line adjustments, and the procedure relating thereto, which are specified by law and by this chapter.

(Ord. 1041-N.S., amended by Ord. 1254-C.S., and Ord. 1613-C.S., effective 5-25-75)

It shall be unlawful for any person, as a principal, agent, or otherwise to:

(a) Divide real property in any manner that shall constitute a subdivision, unless and until all the requirements of this chapter have been complied with; or

(b) Sell, lease, or divide for purposes of financing, or contract or offer to sell, lease or divide for purposes of financing, any division of land that shall constitute a subdivision unless and until all the requirements of this chapter have been complied with.

(Ord. 1041-N.S., amended by Ord. 1254-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)

When any provision of the Subdivision Map Act or of this chapter requires the execution of any certificate or affidavit or the performance of any act by a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the Council.

(Ord. 1041-N.S.)

The provisions of this chapter shall be in addition to and shall be considered as supplementing the provisions of the "Subdivision Map Act" of the State of California.

(Ord. 1041-N.S.)

Filing fees shall be paid for the processing of tentative and final subdivision and parcel maps and for other procedures required or authorized by this chapter, except that public agencies shall be exempt from such fees. The City Council shall establish the filing fees by resolution adopted from time to time.

(Added by Ord. 1637-C.S., effective 9-14-77)