Sec. 21-4. - Applicability of article.

(a)

This article shall apply to:

(1)

Any subdivision as the same now is or hereafter may be defined in Section 66424 of the California Government Code and any additions to, amendments of, or successors to Section 66424.

(2)

Any adjustment of the boundary line between two or more parcels of property which qualifies as a lot line adjustment pursuant to Section 66412 of the California Government Code.

(3)

The merging of two or more lots or parcels of land.

(4)

Certificates of compliance and conditional certificates of compliance.

(5)

Modification of conditions of recorded and unrecorded maps and lot line adjustments.

(b)

This article shall not apply to leases which do not create separate building sites, nor to divisions defined in Sections 66412.1(a) and (b) of the California Government Code and any amendments or successors of such sections.

(c)

This article shall not apply to any land dedicated for cemetery purposes under the Health and Safety Code, nor to the creation of probate homesteads pursuant to Probate Code 661 or successor sections, nor to boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party, nor to any separate assessment under Section 2188.7 of the Revenue and Taxation Code, nor to any division or conveyance of land for public utility purposes.

(d)

The regulations of this article applicable to subdivisions, as defined in paragraph (a)(1) of this section 66426(a), (b), (c), and (d) of the California Government Code and any amendments or successors of such sections; provided, however, that the regulations of this article applicable to parcel maps shall apply to such divisions.

(e)

Where a parcel of land was shown as separate parcels, each and every one of which was a gross area of forty acres or more or each of which was a quarter-quarter section or larger, on a record of survey complying with the provisions of the Land Surveyor's Act, Business and Professions Code Section 8700 et seq. recorded in the office of the county recorder before March 20, 1972, and the creation of such parcel(s) by record of survey was authorized by law, and the size of such separate parcel(s) conformed to the zoning regulations applicable to the land on the date of such recording, no subdivision map shall be required to establish such parcels as separate and valid parcels.

(f)

Where a lot or parcel of land was divided by a record of survey complying with the provisions of the California Government Code Section 66410 et seq., the Land Surveyor's Act, Business and Professions

Code Section 8700 et seq. and predecessor statutes or by deed or contract of sale recorded in the office of the county recorder prior to July 27, 1955, or by filing of a subdivision map or lot split plat or parcel map in the office of the county recorder, or by a lease made prior to July 27, 1955, which lot or parcel conformed to all subdivision and zoning ordinance requirements when created, no subdivision shall be required to establish such lot or parcel as a separate and valid lot or parcel pursuant to this article; provided, however, no such lot shall be considered to be an approved building site unless it conforms to the requirements of the applicable zoning ordinance when application for a building permit is made.

(g)

Where the creation of a lot or parcel was exempted from the provisions of this article or its predecessor ordinances at the time that such lot or parcel was created, or where a lot or parcel was divided in conformity with this article or then applicable predecessor ordinance, no subdivision shall be required to establish such lot or parcel as a separate and valid lot or parcel pursuant to this article; provided, that for parcels divided by testamentary disposition, the division must have been accomplished by metes and bounds or surveyor's description; and provided further, that grants of easement or rights of way not consisting of a fee interest shall not be deemed to accomplish a division under such predecessor ordinances.

(h)

This article shall not apply to any division of land for the purpose of conveyance to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a tentative map and parcel.

(i)

Where lots or parcels were divided or recombined in compliance with predecessor ordinances under circumstances not requiring the filing of a lot split plat or a tentative parcel map, a certificate of compliance may be issued for such divisions or recombinations notwithstanding that a later division or recombination occurred in compliance with predecessor ordinances, under circumstances not requiring the filing of a lot split plat or a tentative parcel map; provided, that the description of the parcel for which the certificate of compliance is sought is consistent with the property description of the most recent recorded deeds or records of survey describing or affecting the property. Where such conformity does not exist, a certificate of compliance shall be issued only for the latest division or recombination within the period during which a lot split plat or tentative parcel map was not required to accomplish the division or recombinations.

(j)

This article shall not apply to the renting or leasing of an attached residential second unit constructed in accordance with the applicable zoning ordinance, nor to the renting or leasing of the principal structure; provided, however, that this exemption shall not apply to the financing or sale of the attached residential second unit or the principal structure separately from each other.

(k)

This article applies to urban lot splits except to the extent that any provisions conflict with Government Code Section 66411.7, as may be amended.

(Ord. No. 1722, pt. 1, § 4; Ord. No. 1832, § 1; Ord. No. 1888, § 1; Ord. No. 2282, § 2; Ord. No. 2306, § 1; Ord. No. 3384, § 1; Ord. No. 3392, § 4; Ord. No. 3395, § 5: Ord. No. 4436, § 3; Ord. No. 5237, § 3, 2-112025)