Chapter 17.12 — MAPS GENERALLY

A.

No preliminary, tentative, final, tentative parcel, parcel or other maps shall be required for land divided for the purposes of:

1.

Financing or leasing of apartments, offices, stores or similar space within apartment buildings, commercial or industrial buildings, mobile home or trailer parks;

2.

Mineral, oil or gas leases;

3.

Land dedicated for cemetery purposes under the Health and Safety Code of the state;

4.

Land divided by short-term leases (terminable by either part on not more than thirty days' notice in writing) of a portion or an operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code; provided, however, that upon a showing made by the city engineer based upon substantial evidence that public policy necessitates such a map, this section shall not apply; and

5.

Leases of land for agricultural purposes;

6.

Any conveyance of land to government agency, public entity or public utility;

7.

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;

8.

Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

B.

A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created subject to the following limitations:

1.

An application for a lot line adjustment shall be submitted to the community development department on the application form provided by the city. A lot line adjustment application shall include the required maps and other information as identified on the application form provided by the city, together with any application processing fee as may be established by the city council.

2.

The city engineer in conjunction with the community development director shall be responsible for reviewing a lot line adjustment application, with the exception of lot line adjustments occurring in the historical residential zone district. The city engineer shall be responsible for acting on lot line adjustment applications with the exception of lot line adjustments occurring in the historical residential district which shall be presented to the planning commission for consideration. Conditions may be imposed upon a lot line adjustment to ensure conformity with city zoning and building ordinances or to facilitate the relocation

of existing utilities, infrastructure, or easements. The decision of the city engineer may be appealed to the planning commission as provided for elsewhere in this code. The decision of the planning commission may be appealed to the city council as provided for elsewhere in this code.

3.

The following finding shall be made at the time of approval of a lot line adjustment application: "The proposed lot line adjustment, as approved by the city, is in conformance with the city zoning code and building ordinances and the Subdivision Map Act."

4.

The community development director may establish administrative procedures for the review and processing of lot line adjustment applications as necessary to implement the requirements of this chapter.

5.

The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded. No parcel map shall be required but may be filed at the owner's discretion.

(Ord. 687 Exh. A (part), 2006; Ord. 456 § 312-1, 1981)

A.

A preliminary, tentative and final map shall be required for all divisions of land not exempted under Section 17.12.010 or Map Act Sections 66426 or 66427 when such land is to be divided into five or more parcels, five or more condominiums, as defined in Section 783 of the California Civil Code, or a community apartment project containing five or more parcels.

B.

A tentative parcel map and parcel map shall be required for all divisions of land not exempted under Section 17.12.010(A) or by the provisions of Section 17.24.090.

(Ord. 456 § 312-2, 1981)

A.

All persons submitting maps required by this division shall pay all fees and deposits provided by city ordinance or resolution relating thereto. Any submissions of a map shall not constitute submission for filing with the city until all attachments are required statements, instructions, environmental forms and

clearances, and a completed application form with appropriate fees or receipt therefor is provided to the filer.

B.

Failure to submit all materials and statements required by this division shall constitute grounds for rejection of filing the application.

C.

No subdivision fee or charge shall be accepted by the city except upon a prior clearance being granted by the planning and public works departments.

(Ord. 456 § 312-3, 1981)

No tentative or final subdivision map or parcel map shall be approved unless the proposed land division, its design and improvements, are consistent with applicable general or specific plans of the city including all elements, Title 18 of this code, and other plans and policies of the city, and the planning commission or council so finds in writing. The failure of the planning commission or council to make such findings shall be deemed disapproval of the proposed map.

(Ord. 456 § 311-9(a), 1981)

The planning commission or the city council shall deny approval of a map if it makes any of the following findings:

A.

That the map design or improvement of the proposed division is not consistent with applicable general and specific plans or this code. A land division is not so consistent unless it is compatible with the objectives, policies, general land uses and programs specified in such a plan. A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed

division of land, may be included as part of and at the same time as the action taken by the planning commission on such division of land;

B.

That the site is not physically suitable for the type of development proposed;

C.

That the site is not physically suitable for the proposed density of development;

D.

That the design of the division or the type of improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat and cause serious public health problems;

E.

That the design of the division or the type of improvements will conflict with easements of record or established by judgment, acquired by the public at large for access through or use of property within the proposed division. The planning commission or city council may approve a map if it finds that alternate easements and improvements thereon, for access or for use, have been provided, and that these will be substantially equivalent to one previously acquired by the public;

F.

That the design and proposed improvements of the division are inconsistent with local guidelines relating to implementation of the Environmental Quality Act of 1970;

G.

That the design of the division or the proposed improvements is likely to cause substantial damage to a known site of historical or archaeological significance;

H.

That waste discharged from the land division would result in violation of existing requirements of the California Regional Water Quality Board;

I.

If the division fronts on a public waterway, river or stream, that it does not provide or have available, reasonable public access by fee or easement from a public street to that portion of the bank of the waterway bordering or lying within the proposed division; or that it does not provide for dedication of a public easement along a portion of the bank of the waterway bordering or lying within the division; provided that disapproval of the map is not required if reasonable public access is found to be available within a reasonable distance from the division and such finding is set forth on the face of a tentative map or final map.

(Ord. 456 § 311-9(b), 1981)

Chapter 17.16 - PRELIMINARY AND TENTATIVE MAPS ARTICLE I. - PRELIMINARY MAP