Chapter 1 — SUBDIVISIONS

This chapter is adopted to supplement and implement the Subdivision Map Act, Sections 66410 et seq. of the Government Code of the State, and may be cited as the "Subdivision Law of the City of Pacifica".

(§ 7, Ord. 456-85, eff. December 25, 1985)

It is the purpose of this chapter to regulate and control the division of land within the City and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided, and the procedure to be followed in securing the official approval of the City Engineer, Department of Community Development and Services, Planning Commission, and Council regarding the maps. To accomplish this purpose, the regulations set forth in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and the proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the City.

(§ 7, Ord. 456-85, eff. December 25, 1985)

No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan, Local Coastal Program, and any Specific Plan of the City or permitted by the zoning provisions or other applicable provisions of this Code.

The type and intensity of land use as shown on the General Plan and Local Coastal Land Use Plan shall determine the types of streets, roads, highways, utilities, and public services which shall be provided by the subdivider.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The regulations set forth in this chapter shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. All subdivision maps shall be prepared and presented for approval as provided for in this chapter.

(§ 7, Ord. 456-85, eff. December 25, 1985)

This chapter shall not apply to those exceptions delineated in the Subdivision Map Act.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Whenever, in the opinion of the Planning Commission, the land involved in any subdivision is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use which is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this chapter, the Planning Commission may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of subdivisions of four (4) or less units, such determination may be made by the Director of Community Development and Services.

(§ 7, Ord. 456-85, eff. December 25, 1985)

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this chapter and by the City's Administrative Policy establishing applicable fees and charges. Said Administrative Policy and any amendments thereto is hereby adopted by this reference as though fully set forth in this chapter.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Prohibitions. Transactions prohibited under this title shall be those transactions enumerated in Section 66499.30 of the Subdivision Map Act.

(b)

Remedies. Remedies for a violation of this title shall be those remedies enumerated in Sections 66499.32 through 66499.34 of the Subdivision Map Act.

(c)

Certificates of compliance. Certificates of compliance may be issued by the City pursuant to the procedures set forth in Section 66499.35 of the Subdivision Map Act.

(d)

Notices of violations. The City may issue notices of violations of this title and of the Subdivision Map Act pursuant to the procedures set forth in Section 66499.36 of the Subdivision Map Act.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Article 2. - Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article.

(a)

"Acreage" shall mean any parcel of land which is not a lot, as defined in this section, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.

(b)

"Block" shall mean the area of land within a subdivision, which area is entirely bounded by streets, highways, or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

(c)

"City street" shall mean any duly dedicated street, avenue, or the like which the City has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.

(d)

"Collector street" shall mean a street, intermediate in importance between a local street and either a major or secondary thoroughfare, which collector street has the purpose of collecting local traffic and carrying it to a thoroughfare.

(e)

"Community apartment project" shall be defined as provided in Section 11004 of the Business and Professions Code of the State.

(f)

"Condominium" shall mean 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 the real property, such as an apartment, office, or store. "Condominium" may include, in addition, a separate interest in other portions of the real property.

(g)

"Conversion" shall mean the creation of separate ownerships of existing real property, together with a separate interest in space of residential, industrial, or commercial buildings.

(h)

"Department" shall mean the Department of Community Development and Services which shall be responsible for the processing of all tentative, parcel, and final maps.

(i)

"Design" shall mean:

(1)

Street alignments, grades, and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades;

(3)

The location and size of all required easements and rights-of-way;

(4)

Fire roads and fire breaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with or the implementation of the General Plan and Local Coastal Land Use Plan or any adopted Specific Plan.

(j)

"Easement" shall mean an easement dedicated to the City, which easement shall be continuing and irrevocable unless formally abandoned by the City, and any other easement, whether owned by a public entity, public utility, or private party.

(k)

"Environmental Impact Report (EIR)" shall mean a detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

(l)

"Final map" shall mean a map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act and designed to be recorded in the office of the County Recorder.

(m)

"General Plan" shall mean the General Plan of the City of Pacifica, adopted July 28, 1980, and any amendments thereto.

(n)

"Improvement" shall mean streets, storm drainage facilities, utilities, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map and other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or the implementation of, the General Plan, Local Coastal Land Use Plan, or any adopted Specific Plan. Improvements shall be constructed in accordance with City specifications as required by the City Engineer and/or, when applicable, with standards adopted by local utility companies and approved by the City Engineer.

(o)

"Local Coastal Land Use Plan" shall mean the land use plan adopted by the City on March 4, 1980, to meet the requirements of Sections 30000 et seq. of the Public Resources Code of the State and any amendments thereto.

(p)

"Local Coastal Program" shall mean the Local Coastal Land Use Plan of the City, zoning provisions, zoning maps, and other implementing actions adopted by the City to meet the requirements of the California Coastal Act, Sections 30000 et seq. of the Public Resources Code of the State.

(q)

"Lot" shall mean a parcel or portion of land separate from other parcels or portions by description, as on a subdivision map or parcel map, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and City laws in effect at the time of such approval for the purposes of sale, lease, or financing.

(r)

"Lot line adjustment" shall mean a minor shift or rotation of an existing lot line or other adjustment where a greater number of parcels than originally existed is not created, as approved by the City Engineer or authorized representative.

(s)

"Merger" shall mean the joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

(t)

"Parcel map" shall mean a map showing a division of land of four (4) or less parcels as required by this chapter, prepared in accordance with the provisions of this chapter and the Subdivision Map Act.

(u)

"Private street" shall mean any street, accessway, or the like lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Design standards for private streets may be identical to City streets or may be constructed to less standards than City streets, as determined by the City Engineer.

(v)

"Remainder" shall mean that portion of an existing parcel which is not included as a part of the subdivided land. The remainder shall not be considered as part of the subdivision but shall be shown on the required maps as a part of the area surrounding the subdivision development.

(w)

"Standard Engineering Specifications" shall mean those standard Subdivision Improvement Plans and Specifications as prepared and/or approved by the City Engineer.

(x)

"State Cooperative Project" shall be defined as provided in Section 11003.2 of the Business and Professions Code of the State.

(y)

"Subdivider" shall mean a person, firm, corporation, partnership, or association who or which proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of persons or entities, acting in such capacity, are not "subdividers".

(z)

"Subdivision" shall mean the division, by any subdivider, or any unit or units of improved or unimproved contiguous land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units for the purposes of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. "Subdivision" shall include a condominium project as defined in this section or in Section 1350 of the Civil Code of the State, or a community apartment project as defined in Section 11004 of the Business and Professions Code of the State, or the conversion of existing dwelling units to a stock cooperative as defined in Section 11003.2 of the Business and Professions Code of the State. "Subdivision" shall include any division of land by gift or inheritance, but not a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for the purposes of computing the number of parcels.

(aa)

"Subdivision Map Act (SMA)" shall mean Sections 66410 through 66499 of the Government Code of the State.

(ab)

"Tentative map" shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

(ac)

"Zoning provisions" shall mean Chapter 4 of Title 9 of this Code or any ordinance enacted under zoning laws.

(§ 7, Ord. 456-85, eff. December 25, 1985)