§ 16.04

It is the intention of the city council to implement and supplement the Map Act in this title.

(Ord. 97-98 § 15.04.010)

16.04.020 - Definitions.

The definitions set forth in the Map Act are incorporated herein by reference and are supplemented as set forth herein. The following words and terms are used and defined as follows for purposes of this title, unless the context in which a word or term is used requires another usage or meaning:

"Clearing" means the clearing above the natural ground surface of vegetable growth such as trees, logs, upturned stumps, roots of down trees, brush, grass, weeds and other objectionable materials such as rubbish, in such a manner that any natural erosion, including sedimentation, will not be increased and damage to offsite property will not result.

"Contiguous" means touching; in actual close contact; near, though not in contact. Parcels of property shall be considered contiguous units if they share a common boundary line or point or are physically so situated with respect to each other that they can reasonably be developed as one subdivision project. Property shall be considered contiguous units even if it is separated by roads, streets, utility easements or railroad rightsof-way.

"Immediate family" means a natural person's brothers, sisters, children, parents, uncles, aunts, nieces, nephews or spouse, or the spouse' brothers, sisters, children or parents.

"Owner's statement" means a statement submitted with every tentative map for a proposed division of land, containing such information as this part and the city council may direct, and executed under penalty of perjury by the record title owners of the land affected, as provided in Code of Civil Procedure Section 2015.5.

Property Line Adjustment.

1.

"Property line adjustment" means the resubdivision of two adjoining parcels by a minor relocation of the boundary line between them so that the land taken from one parcel is merged with the land of the parcel to which it is added.

"Property line adjustment" does not include any resubdivision that results in either a greater number of parcels or building sites than originally existed or significant reconfiguration of the original parcels.

"Resubdivision" means the simultaneous division of two or more adjoining parcels of real property that results in a reconfiguration of the parcels or an increase in the total number of parcels or building sites.

Subdivision.

1.

"Subdivision" means and includes divisions of real property subject to the Map Act and divisions of any unit or units of improved or unimproved real property, or any portion thereof shown on the latest equalized assessment roll as a unit or as contiguous units, for the purpose of gift, partition, termination of any joint ownership interest in the real property, or pursuant to or in satisfaction of any judicial decree of judgment, whether immediate or future.

2.

For the purpose of this title, real property owned or beneficially controlled by substantially the same persons, entities or interests shall be deemed to be in one ownership and part of the same subdivided real property or subdivision.

(Ord. 97-98 § 15.04.020)

Chapter 16.08 - TENTATIVE MAPS

16.08.010 - Generally.

A.

Except as provided in Chapter 16.20 of this title, a tentative map is required for all subdivisions and shall show or be accompanied by such information, documents and data as the Map Act and this chapter may require. Application for approval of a tentative map shall be made to the planning division.

B.

Any conveyance of land to a governmental agency, public agency or public utility shall not be considered a division of land for purposes of computing number of parcels.

C.

No application for approval of a tentative map shall be accepted as complete unless and until the required fee and all required maps, documents and information are submitted to and accepted by the planning division. Every application shall include sufficient information to permit the determination of whether an environmental impact report or negative declaration is required under California Environmental Quality Act (CEQA).

D.

The development services director or his or her designee may require an applicant to waive in writing the time limits of Chapter 3 (commencing with Government Code Section 66451) of the Map Act for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

E.

Within thirty (30) days after receiving the application and related information, the planning division shall determine in writing whether the application is complete and the development services director or his or her designee shall cause that determination to be transmitted to the applicant or his or her agent. Failure of any applicant to respond, within thirty (30) days of mailing, to any request to clarify, amplify, correct or otherwise supplement the application so as to make it complete shall be deemed an abandonment by the applicant of the proposed land division and no further action shall be taken on it unless a new application is first made.

(Ord. 97-98 § 15.08.010)