Chapter 22.04 — GENERAL PROVISIONS

This title is enacted for the purpose of adopting subdivision regulations for the city of El Paso de Robles, state of California.

(Ord. 164 N.S. § 1.1, 1951)

The planning commission of the city of El Paso de Robles, 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, of the state of California.

(Ord. 164 N.S. § 1.2, 1951)

The planning commission shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto which are specified by law and by this title.

(Ord. 164 N.S. § 1.3, 1951)

There is hereby created a subdivision committee to consist of the city coordinator, city attorney, and two other members to be appointed by the chairman of the planning commission. Said committee shall have the powers and duties as are specified in this title.

(Ord. 164 N.S. § 1.4, 1951)

It shall be unlawful for any individual, firm, corporation or any other legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the city of El Paso de Robles, unless and until all the requirements hereinafter provided have been complied with. This shall not be construed to prohibit the sale of any lot or parcel of land which is of record as a lot or parcel of land on December 17, 1951.

(Ord. 164 N.S. § 1.5, 1951)

Any person, firm, corporation, partnership, or copartnership who wilfully violates any of the provisions or fails to comply with any of the mandatory requirements of this title is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed five hundred dollars or by imprisonment not to exceed six months or by both fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the city of El Paso de Robles or other political subdivision, or any person, firm, corporation, partnership, or copartnership, may otherwise be entitled. The city of El Paso de Robles or any other political subdivision or person, firm, corporation, partnership or full partnership may file a suit in the superior court of the state of California, in and for the county of San Luis Obispo, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

(Ord. 164 N.S. § 10.1, 1951)

In addition to the penalties as provided in Section 22.04.060 above, no building permit will be granted by the city or its officers for the construction of any building or structure in any land divided or subdivided contrary to the provisions of this title.

(Ord. 164 N.S. § 10.11, 1951)

If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the title. The city council of the city of El Paso de Robles, state of California, hereby declares that it would have passed this title and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional.

(Ord. 164 N.S. § 9, 1951)

(a)

That pursuant to Section 66477 of the Business and Professions Code which provides that the city may, by ordinance, require dedication of land or payment of in-lieu fees for park and recreation purposes as a condition of approval of a final or parcel map, provided the ordinance has been in effect for thirty days, the city council of the city of El Paso de Robles hereby adopts the following fees as in-lieu payments by subdividers and all other persons creating additional lots by a final subdivision map or parcel map: three hundred dollars for each lot so created.

(b)

The aforementioned fees or dedication of land may be amended by resolution of the city council from time to time.

(c)

Parcels that are zoned agricultural or are residential zoned and larger than five acres gross in size are exempted from payment of in-lieu fees or land dedication for park and recreation purposes.

(Ord. 668 N.S. § 1, 1993; Ord. 411 N.S. §§ 1, 2, 1978)

Footnotes: --- (2) ---

Editor's note— Resolutions amending this section are Resolutions 82-2704, 82-2746, 84-2933, 03-31 and 04-210, and are on file in the office of the city clerk.