Chapter 16.04 — IN GENERAL

• A. Title. This title may be cited as the division of land regulations.

• B. Purpose. This title is intended to promote the conservation, stabilization and protection of property values through orderly growth and development, the provision of necessary public and private facilities and generally, the public health, safety and general welfare within the City.

• C. Authority. The provisions of this title derive their authority from Title 7, Division 2 of the Government Code of the State.

(Prior code §§ 39-2—39-4)

For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Advisory agency. Planning Commission or Director of Planning as the case may be.

Article. An article of a chapter of this title, unless otherwise specified.

Boundary line adjustment. The adjustment of lot boundary lines or legal parcel boundary lines of record; but which adjustment does not create an increase in the number of lots or parcels, and may include the elimination of record lot lines or parcel lines for the purpose of consolidating or combining two or more lots of record into one lot or parcel. Such boundary line adjustment shall be deemed constituted upon the filing of an approved parcel map or a grant of waiver and certificate of compliance.

Dedication. The offer of real property for public use.

Design. The minimum area, width, grading and general layout of lots and the alignment, grades and widths of alleys, streets, highways, easements and rights-of-way for drainage facilities, water mains, sanitary sewers and other public purposes.

Design unit. A parcel of land shown on a tentative map for which the subdivider requests approval of design.

Division of land. Any parcel or contiguous parcels of land, improved or unimproved, which are divided for the purpose of transfer of title, sale, lease or financing, whether immediate or future, into two or more parcels, except that the term "division of land" shall not refer to:

• Land dedicated for cemetery purposes under the Health and Safety Code of the State.

2. The leasing or financing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park.

3. Division by mineral, oil or gas leases.

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City of Paramount, CA § 16.04.020

SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.04.020

The term "division of land" shall also refer to a condominium project, as defined in the Civil Code of the State, Section 1350, containing five or more condominiums, and a community apartment project, as defined in the Business and Professional Code of the State, Section 11004, containing two or more parcels.

Drainage facility. Any drainage device or structure which may be used to control the flow of water or alleviate flood hazard, including, but not limited to, berms, channels, culverts, curbs, ditches, gutters, pavement and pipes.

Final map. A map of a proposed division of land prepared in accordance with the provisions of this chapter and the Subdivision Map Act which is prepared in a manner to be filed in the office of the County Recorder.

Flood hazard. A potential danger to life, land or improvements due to inundation or stormwater runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings or erode the banks of watercourses.

Frontage. That portion of a lot or parcel which abuts a public or private street or highway to which the lot or parcel has the right of vehicular access.

Future street or alley. A street or alley which is necessary for the future division of lots within a division of land or for the development of adjacent properties and which is offered for public use at an indeterminate future time when the City Council determines that the acceptance and construction of such street or alley is warranted.

General plan. A comprehensive long term plan, including the elements thereof, adopted by the City pursuant to the provisions of Chapter 3, Title 7, Government Code of the State.

Geological hazard. A hazard inherent in the earth or artificially created which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

Highway. A thoroughfare of primary importance in the City or State highway system, other than a freeway, which is shown on the circulation element of the general plan.

Improvements. Such structures or facilities to be installed or agreed to be installed by a subdivider on land to be used for public or private alleys, streets, highways or other easements as a condition precedent to the approval or acceptance of a final map or parcel map, including, but not limited to, street surfacing, curbs, gutters, sidewalks, street trees, street lights, street signs, sanitary sewers, water mains and drainage facilities.

Lease. An oral or written agreement or contract, tenancy at will, month-to-month or other similar tenancy.

Lot. A unit of land identified on a final map or parcel map, filed in the office of the County Recorder, with a separate or distinct number.

Parcel map. A map showing the division of land prepared in accordance with the provisions of this title and the Subdivision Map Act which is prepared in a manner to be filed in the office of the County Recorder.

Person. Any individual, corporation, company, firm, association, partnership, copartnership, joint venture, joint stock company, receiver, syndicate, club, estate, business trust, organization or any other entity or the authorized agent thereof.

Section. A section of a chapter, unless otherwise specified.

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City of Paramount, CA § 16.04.020

PARAMOUNT CODE

§ 16.04.060

Street. A right-of-way designed to provide access to abutting properties.

Subdivider. A person who causes real property to be divided into a division of land for him or herself or for others or who submits a tentative, final or parcel map for approval.

Subdivision Map Act. Title 7, Planning and Land Use, of the Government Code of the State.

Tentative map. A preliminary plan of a proposed design unit prepared in accordance with the provisions of this title and the Subdivision Map Act. (Prior code § 39-1)

Whenever reference is made to an ordinance of this City or to a statute of the State, such reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such ordinances or statutes.

(Prior code § 39-5)

• A. A person shall not sell, lease, finance or transfer title to a portion of a division of land, or offer to do so, or contract to do so, until a final map thereof, in full compliance with the provisions of this title and of the Subdivision Map Act, has been filed in the office of the County Recorder; except, that a person, at his or her sole option, may elect to file a parcel map to satisfy the provisions of this section when at least one of the following applies:

  1. The division or redivision of land contains an area of less than five acres, each parcel created by the division abuts upon a public street or highway and no dedications or improvements are required.

  2. All of the land shown on the parcel map is zoned for industrial or commercial development.

  3. The division results in the creation of four or less parcels.

• B. No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall a portion of any parcel be used, when not conforming to the provisions of this title.

(Prior code § 39-6)

The filing of a final map or parcel map on which appears the words "DIVISION OF LAND FOR LEASE ONLY" authorizes the leasing of any lot shown on such map. A person shall not sell, finance or transfer title to any lot shown on such maps, or offer to do so, or contract to do so, unless the transaction would be in full compliance with the provisions of this title and the Subdivision Map Act had such final map or parcel map not been filed. (Prior code § 39-7)

The provisions of this title do not apply to any portion of a division of land offered for sale,

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City of Paramount, CA § 16.04.060

SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.04.100

lease, financing or transfer of title, contracted for sale, lease, financing or transfer of title, or sold, leased, financed or transferred in full compliance with or exempt from any law regulating the design and improvement of divisions of land which was in effect at the time the division was established.

(Prior code § 39-8)

Any deed of conveyance, mortgage, deed of trust or other lien, lease, sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his or her heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease, sale or contract agreeing thereto, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease or contract, is binding upon any assignee or transferee of the grantee, mortgagee, beneficiary, tenant, buyer or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord or person so contracting, his or her assignee, heir or devisee. (Prior code § 39-9)

The provisions of this title are not intended to prohibit any legal, equitable or summary remedy to which the City or other political subdivision or any person may otherwise be entitled, and the City or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this title.

(Prior code § 39-10)

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this title. (Prior code § 39-11)

• A. There is hereby created a Division of Land Committee consisting of the following officers or their duly authorized representatives:

  1. The Director of Planning.

  2. The City Engineer.

  3. The Fire Chief.

  4. The Superintendent of Streets.

  5. The Health Officer of the City.

  6. The Chief Engineer of the County Flood Control District.

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City of Paramount, CA § 16.04.100

PARAMOUNT CODE

§ 16.04.120

7. The Director of Parks and Recreation.

8. Such other City officers or representatives of other agencies which in the opinion of the Director of Planning have an interest in a proposed division of land.

B. The Director of Planning shall be the chairperson of the Division of Land Committee. (Prior code § 39-12)

The City Planning Commission is designated as the advisory agency, as that term is used in the Subdivision Map Act, and shall have all of the powers and duties granted or imposed upon the advisory agency by the provisions of this title. (Prior code § 39-13)

The City Manager or authorized representative is designated as the Director of Planning for the purposes of this title.

(Prior code § 39-14)

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City of Paramount, CA § 16.08.010

SUBDIVISIONS AND OTHER DIVISIONS OF LAND

§ 16.08.040