Chapter 16.36 — ADMINISTRATION AND ENFORCEMENT

A.

No tentative map, final map or parcel map shall be approved unless it meets the requirements of the Subdivision Map Act and this title; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. Disapproval of a map shall be accompanied by a finding, by the city council, identifying the requirements or conditions which have not been met or performed.

B.

The city council may waive the provisions of this section when the council determines that the failure of the map is the result of a technical and inadvertent error which does not materially affect the validity of the map. Such waiver and determination shall be included in the city council action to approve the map.

(Prior code § 12203)

16.36.020 - Denial of final or tentative map when.

A.

The planning commission and city council shall deny approval of a final or tentative subdivision map if it makes any of the following findings:

1.

That the proposed map is not consistent with applicable general and specific plans;

2.

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3.

That the site is not physically suitable for the type of development;

4.

That the site is not physically suitable for the proposed density of development;

5.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

6.

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7.

That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

8.

That the discharge of waste from the proposed subdivision into the city sewer system would result in violation, or add to a violation, of existing requirements prescribed by a California Regional Water Quality Control Board.

B.

The planning commission and city council shall not deny approval of a final subdivision map pursuant to subsection A of this section if it has previously approved a tentative map for the proposed subdivision and it finds that the final map is in substantial compliance with the previously approved tentative map.

(Prior code §§ 12203.01, 12203.02)

After a final map or parcel map has been filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map. Such certificates or maps shall be processed in accordance with the requirements of the Subdivision Map Act.

(Prior code § 12204.36)

A certificate of compliance for a specific parcel of land may be issued by the city engineer upon his finding that such parcel was established in compliance with all applicable provisions of the Subdivision Map Act and this code. A fee of two hundred dollars ($200.00) shall be charged for each certificate of compliance.

(Ord. 2000-06 § 1: prior code § 12204.36(A))

Subdivided real property may be reverted to acreage in accordance with the requirements and procedures specified in the Subdivision Map Act.

(Prior code § 12204.37)

16.36.060 - Merger of contiguous parcels under common ownership without reversion to acreage.

Contiguous parcels under common ownership may be merged without reverting to acreage.

A.

An application for merger shall be in the same form as an application for a certificate of compliance, and shall include a preliminary title report and legal description of the property as a single merged parcel;

B.

An application for merger shall be approved by the city administrator/planner and/or his/her designee after review by other affected departments/divisions (prior to approval, all encumbrances, including bonded indebtedness, shall be modified to apply uniformly to the entire modified parcel, rather than to the portions of the modified parcel corresponding to the separate lots prior to the merger);

C.

All persons owning an interest in the real properties to be merged shall consent to the merger by executing an owner's certificate consenting to merger;

D.

The city administrator/planner and/or his/her designee shall record a certificate of compliance, including the owner's consent to merger, as set forth in this title, to evidence the merger of the properties.

(Ord. 96-07 § 1: prior code § 12200.05)

Appeal from an action by the committee may be made to the planning commission within ten (10) days from such action. An appeal shall be submitted in written form to the secretary of the planning commission, and shall be placed on the agenda of the next commission meeting. The commission shall take action thereon within forty (40) days from the date of submittal.

(Prior code § 12210.01)

A.

Any person who is dissatisfied with an action of the planning commission may, within ten (10) days after such action, appeal in writing to the city council for a public hearing. Within fifteen (15) days of any such appeal, the planning commission shall forward the map or other documents to the city council for review. A public notice of such hearing shall be made by the city clerk, and the hearing shall be held within the time limit required by the Map Act. The city council may continue such hearing from time to time, not to exceed fifteen (15) days from the date of first hearing without mutual consent.

B.

At the time fixed for the hearing, the city council shall hear testimony of representatives of the commission, of any witnesses on its behalf, of the petitioner, and of any other parties at interest.

C.

The city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under law and facts.

D.

The decision of the city council as a result of such hearing shall be expressed by a motion in writing, and the city council shall forthwith transmit a copy thereof to the subdivider and the commission.

(Ord. 96-11 § 43; prior code §§ 12210.02—12210.05)

16.36.090 - Conflict of provisions.

Whenever conflict occurs between any provision of this title and any other provision of law, the more restrictive of such provisions shall prevail.

(Prior code § 12212.01)

16.36.100 - Permit of license in conflict with provisions prohibited.

All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title and shall not wilfully issue any permit or license for use, construction or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

(Prior code § 12211 (part))

Any deed of conveyance, sale or contract to sell, or assignment, allocation, division or grant of entities of usage made contrary to the provisions of this title is voidable to the extent and in the manner provided in Section 66499.32 of the Government Code of the state of California.

(Prior code § 1211.01)

16.36.120 - Violation—Penalty.

Any violation of this title shall constitute a misdemeanor and shall be punishable as set forth in Section 1.12.010 of this code by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each day a violation of this title continues shall be considered a separate offense.

(Ord. 96-11 § 44; prior code § 12211 (part))