§ 16.08

The lot split regulations provided in this chapter are intended to assure compliance with the official land use zoning plan of the city, to assure lots of a size, location and shape compatible with existing lots in the immediate neighborhood, to preserve property values, to assure compliance with the design standards of the zoning plan and of this chapter, and to prevent interference with the opening or extension of streets necessary for emergency vehicles access, proper traffic circulation and the future development of adjacent properties.

(Prior code § 9400)

The provisions of this chapter do not apply to:

A.

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

B.

The conveyance or transfer of land or any interest therein to the federal government, state, county, city, school district, special district or public utility;

C.

The conveyance or transfer of land made or required by court decree;

D.

The division of a parcel of land to correct or make minor adjustments in a boundary line between two existing parcels;

E.

The division of a parcel for the purpose of increasing the size or parcels adjoining either side thereof, providing that the division does not thereby create a lot which would not meet the requirements of this code.

(Prior code § 9418)

No person shall subdivide any real property, improved or unimproved, or any portion thereof, shown on the latest adopted county tax roll as a unit, or as contiguous units, into four or fewer parcels for the purpose of sale, transfer or encumbrance, whether immediate or future, until a final map thereof has been filed and approved in accordance with the requirements of this chapter, or in accordance with the requirements for a subdivision of the State Subdivision Map Act, Government Code § 66410 et seq.

(Prior code § 9401)

A person may offer to sell or contract to sell a portion of real property prior to approval of a final map in accordance with the requirements of this chapter, if the offer to sell or contract to sell provides in writing that the offer or contract is conditioned upon the approval of the final map and the meeting of the conditions, if any, of such approval, in accordance with the requirements of this chapter, prior to the consummation of the sale.

(Prior code § 9402)

Any deed of conveyance, mortgage, deed of trust, or other lien or sale or contract to sell, mortgage or lien made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage, his heirs, personal representatives or trustees in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, lien, or sale, or contract agreeing thereto.

(Prior code § 9403)

No building permit or license to occupy or use shall be issued for a building, structure, use or construction on any property where a portion of the property has been sold or divided in violation of this chapter. This chapter does not apply to property legally subdivided prior to the effective date of the enactment hereof, or to property finally approved for subdivision by the Planning Commission (or by the Council in the event of an appeal to the Council) and finally completed within one year from the date of such final approval.

(Prior code § 9404)

An application for approval for the subdividing of property into four or fewer parcels shall be filed with the Planning Commission of the city upon such forms, and accompanied by such data, as may be required by the Commission.

(Prior code § 9406)

16.08.080 - Tentative maps—Requirements.

Persons applying for approval hereunder shall file a tentative plot plan or map, and twelve (12) copies thereof, all legibly drawn to a scale of not less than one inch equals ten feet, based upon a survey of the subject land by a registered civil engineer or a licensed surveyor showing the following information:

A.

The size, area, dimensions and record boundaries of the property to be divided, including all contiguous property under one ownership, together with a legal description of such total ownership as shown on the latest equalized county assessment roll;

B.

Sufficient elevations and contours to determine the general slope of the land and the high and low points thereof;

C.

The north point, scale and date of the map;

D.

The location and width of abutting streets and alleys, any easements on or adjoining the property, and the purpose of such easements;

E.

The location of existing sewers, water, gas electric and telephone lines on or adjoining the property;

F.

The existing use or uses of the property;

G.

The size, dimensions and construction, and relative location of existing improvements thereon, (including without limitation, buildings, structures, driveways, parking areas and trees. Buildings or other improvements on adjacent property shall also be shown if such building or improvements affect the division of the property. Each building shown shall be identified by house number or other identifying feature, including a notation of each building or improvement to be retained or completely removed;

H.

The size, area, dimensions and boundaries of each proposed parcel;

I.

The proposed use or uses of each proposed parcel;

J.

Proposed dedications, easements and improvements, (including, without limitation, buildings, structures, utilities, drainage facilities, driveways and parking areas), showing the size, dimensions, construction and location on each parcel;

K.

The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed surveyor who prepared the map;

L.

Such other information as may be determined by the Planning Commission to be necessary to properly consider the proposed division.

(Prior code § 9407)

If it is impossible or impractical to place upon the tentative map or plot plan any matter required in the preceding section, such matter or information shall be furnished in an owner's statement which shall be submitted with the tentative map or plot plan. Such statement shall be in the same number of copies as the tentative map or plot plan.

(Prior code § 9408)

When a tentative map is submitted, the person filing the map shall certify to the following:

A.

That he or she is the recorded owner of the property; or

B.

That he or she has an option or contract to purchase the property or that portion of which he or she is not the owner; and

C.

That he or she did not own or have an option or contract to purchase, either directly or through or in association with another person or persons, corporation or other legal entity within two years preceding his or her application hereunder, any contiguous or adjacent property.

(Prior code § 9409)

Upon submission of a tentative parcel map or lot line adjustment, the subdivider shall pay to the city a filing fee established by City Council resolution.

(Prior code § 9410)

Upon the filing of an application as herein provided, the Secretary of the Planning Commission shall place the matter on the agenda of the Planning Commission for consideration and hearing at the first convenient date. At the time set therefor, the Planning Commission shall give any interested party who appears and so requests, an opportunity to be heard on whether or not the tentative map should be approved or modified.

At the conclusion of the hearing on the application, the Planning Commission may approve, conditionally approve, or disapprove the tentative map or require the modification thereof.

In event that the Commission does not approve, conditionally approve, or disapprove the tentative map within fifty (50) days after it is first placed upon the Commission's agenda, the application shall be deemed disapproved.

(Prior code § 9411)

The Planning Commission may approve or conditionally approve the subdividing of property into four or fewer parcels as shown on the tentative map if it finds that:

A.

The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity;

B.

The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder;

C.

Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the city;

D.

All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic; and

E.

All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded.

(Prior code § 9412)

The action of the Planning Commission approving, conditionally approving, disapproving or modifying the tentative map showing the proposed subdividing of property into four or fewer parcels hereunder shall be final ten days after written notice of its decision has been mailed to applicant, unless an appeal has been filed with the City Council. Such appeal shall be accompanied by a fee of fifty dollars ($50.00). Upon the consideration of such appeal, the City Council may affirm, modify or reverse the decision of the Planning Commission or refer the matter back to the Planning Commission with or without instructions for further processing.

(Prior code § 9413)

Promptly after the Planning Commission approves, conditionally approves or requires a modification of the tentative map and, in any event, before the property is subdivided or work is commenced on proposed improvements, the applicant or subdivider shall file at least five copies of the final plot plan or map in accordance with the requirements of Section 16.04.160. Such final map shall accurately reflect compliance with any action taken, conditions imposed or modifications required by the Planning Commission or City Council with respect to the tentative map and shall be submitted to the Secretary of the Planning Commission for approval, unless the Planning Commission requires such final map to be resubmitted to it for additional review or final approval. Any failure to comply with the requirements of any action taken, condition imposed or modification required by the Planning Commission or City Council with respect to a tentative map, or to file a final map conforming with the requirements of this chapter, within twenty-four (24) months from the approval or conditional approval of the tentative map and prior to the actual subdivision of the property and commencement of work on the proposed improvements thereon, shall void all proceedings hereunder and shall have the effect of a final disapproval of the proposed subdividing of the property.

(Prior code § 9414)

16.08.160 - Final map requirements.

A.

A final map shall show:

1.

Title of map and name and legal designation of tract or grant in which survey is located and ties to adjoining tracts;

2.

All monuments found, set, reset, replaced or removed, describing their kind, size and location, giving other data relating thereto. Monuments shall be set for all new lines created by the lot split;

3.

Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map;

4.

Signature and license or registration number of the licensed surveyor or architect or registered civil engineer who prepared the same, together with his or her address and telephone number;

5.

Date of survey;

6.

Certificate of surveyor, architect or civil engineer that the map is technically correct and mathematically close;

7.

Improvements in place on the property or in the street adjacent to the property;

8.

Sanitary sewer connections which are available;

9.

The approximate area of each parcel;

10.

The designation of each parcel as parcel "A" parcel "B", etc., or parcel "1", parcel "2", etc.;

Drainage channels;

12.

All easements of record;

13.

Name of person for whom survey was made;

14.

Any other data necessary for the intelligent-interpretation of the various items and locations of the points, lines and areas shown, including topographic information when required by the Planning Commission.

B.

At the time of acting upon a tentative map, or at any time prior to the filing of the final map, the Planning Commission (or the Council in the event of an appeal to the Council) may waive or modify any of the requirements of this section, if it finds that such action is necessary to avoid practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter, and that such waiver or modification will not be contrary to the objectives of this chapter.

(Prior code § 9415)

When all the requirements of the Planning Commission (or the Council in the case of an appeal to the Council), made as a condition of approval as authorized by this chapter have been met, the Secretary of the Planning Commission, or any other member of the city administrative staff to whom such function may have been delegated by the Planning Commission, shall approve the final map and the property may then be subdivided (unless the Planning Commission requires resubmission of the final map to it, in which case the Planning Commission may approve the final map). Failure to complete such subdivision within one year from date of approval of such final map, or within such longer period as the Planning Commission (or the City Council in case of an appeal) shall fix at the time of such approval, shall void all proceedings hereunder and shall have the effect of a final disapproval of the proposed final map.

(Prior code § 9416)

Before the approval of the final map, statements shall be filed with the Planning Commission by the applicant, showing that each public utility authorized to serve the area has accepted such easements as may be necessary for the installation and maintenance of the proposed utility facilities.

(Prior code § 9417)

16.08.190 - Final parcel maps—Checking and filing fees.

Upon submission of a final parcel map for checking, the subdivider shall pay a fee to the city as established by City Council resolution.

(Prior code § 9410.1)

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map.

(Prior code § 9419.2)

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee, and all easement holders.

(Prior code § 9419.3)

16.08.220 - Dedications for minor land divisions and parcel maps.

A.

Dedications or offers of dedications of real property for streets, highways and other public ways; access rights and abutter's rights; drainage and public utility easements; building restrictions rights; and other public easements may be required for a minor land division or parcel map.

B.

If dedications or offers of dedication are required for a minor land division or parcel map, they may be made either by certificate on the parcel map or by separate instrument.

(Prior code §§ 9419, 9419.1)

Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other statute of the state of California, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than six months, or by both such fine and imprisonment. (Amended during 1999 codification; prior code § 9405)

16.08.240 - Urban lot splits.

A.

Urban lot splits pursuant to Section 66411.7 of the Government Code and in conformance with Section 17.30.220 of the Municipal Code are permitted and shall be processed in the same manner as a tentative

parcel map as contained in this chapter, except that no hearing shall be required by either the Planning Commission or City Council.

B.

No dedications shall be required.

C.

The filing fee shall equal fifty (50) percent of the parcel map fee as established by City Council resolution.

(Ord. 1005, § 7, 1-25-22)

Chapter 16.12 - LAND DEVELOPMENT TRUSTS

Sections: