Tiburon Municipal Code Art. 1 General Provisions

This chapter shall be known and may be cited as the "Town of Tiburon Subdivision Ordinance" or the "subdivision regulations."

(Ord. No. 573 N.S., § 3, 6-7-2017)

The purpose of the subdivision regulations is to regulate the division of land within the Town of Tiburon. These provisions implement and supplement the requirements of the Subdivision Map Act found in California Government Code title 7, division 2 concerning the design and improvement of subdivisions and regulating other divisions of land within the town including the form and content of all maps and the procedure to be followed in securing official approval.

The provisions of this chapter are intended to:

(a) Protect and promote the public health, safety, peace and general welfare;

(b) Promote orderly growth and development;

(c) Ensure that the design and improvement of subdivisions is consistent with and promotes the goals and policies of the General Plan;

(d) Protect and enhance property values;

(e) Provide for adequate traffic circulation;

(f) Ensure the availability of adequate public facilities;

(g) Protect existing affordable housing; and

(h) Provide for rational development of, and access to, adjacent properties.

(Ord. No. 573 N.S., § 3, 6-7-2017)

These subdivision regulations apply to all parts of subdivisions lying wholly or partially within the Town of Tiburon and to the preparation of maps required by the Subdivision Map Act. In instances where provisions of this chapter are in direct conflict with mandatory provisions of the Subdivision Map Act, the latter shall control.

(Ord. No. 573 N.S., § 3, 6-7-2017)

These subdivision regulations shall not apply to:

(a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(b) Mineral, oil or gas leases.

(c) Land dedicated for cemetery purposes under the State Health and Safety Code.

(d) Any separate assessment under California Revenue and Taxation Code Section 2188.7 for community apartment or cooperative housing projects.

(e) The conversion of a community apartment project or a stock cooperative to a condominium in compliance with the requirements of sections 66412(g) and (h) of the Subdivision Map Act.

(f) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

(g) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(h) The construction, financing or leasing of accessory dwelling units or junior accessory dwelling units subject to the provisions of chapter 16 of this Code.

(i) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

(j) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind powered electrical generation device or solar electrical generation device which is subject to discretionary action by the town.

(k) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation, as defined in California Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennas, transmission equipment, support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the town manager, town engineer, planning commission or town council.

(l) 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.

(m) Any separate assessment under section 2188.7 of the Revenue and Taxation Code.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) Except as otherwise provided in subsection (b) of this section:

(1) No person shall offer to sell or lease, contract to sell or lease, sell or lease, or finance any parcel of real property, or commence the construction of any building for sale, lease, or financing thereon except for model homes, or allow the occupancy thereof, for which a tentative map and corresponding parcel map or final map is required by the provisions of this chapter or the Subdivision Map Act until a corresponding final map, in full compliance with the provisions of this chapter and the Subdivision Map Act, has been filed for record in the office of the Marin County Recorder.

(2) The conveyance of any part of a division of real property for which a final or parcel map is required by the provisions of this chapter or the Subdivision Map Act shall not be made by parcel or block number, initial, or any other designation, unless and until such map has been filed for record in the office of the Marin County Recorder.

(3) No permit for the construction of a building or the use of land shall be issued that does not comply with the provisions of this chapter and the Subdivision Map Act.

(4) The provisions of this subsection shall not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including town laws, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(5) Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this chapter, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner provided in the Subdivision Map Act.

(b) Persons may offer to sell or contract to sell a parcel split prior to the approval thereof in accordance with the provisions of this chapter only if the offer to sell or contract to sell provides in writing that the transfer of the title and the close of the escrow, if any, are conditioned upon the approval of the final or parcel map, in accordance with the provisions of this chapter, prior to the consummation of the sale.

(Ord. No. 573 N.S., § 3, 6-7-2017)

(a) A person owning real property or a vendee of such person under a contract of sale may request a certificate of compliance from the director of community development indicating whether the real property complies with the provisions of the Subdivision Map Act and this chapter. A written application for a certificate of compliance shall be accompanied by a current preliminary title report showing the legal owner of the property, chain of title, and any other such information as reasonably required in the discretion of the director.

(b) If the director of community development determines that the real property complies with the provisions of the Subdivision Map Act and this chapter, the director shall file a certificate of compliance for recording with the Marin County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this chapter.

(c) If the Director of Community Development determines that the real property does not comply with the provisions of the Subdivision Map Act or this chapter, the Director may, as a condition to granting a certificate of compliance, impose conditions in accordance with section 66499.35(b) of the Subdivision Map Act. Upon the Director of Community Development's making such a determination and establishing such conditions, the Director shall file a conditional certificate of compliance for record with the Marin County Recorder. The certificate shall serve as notice to the property owner and any successor that the fulfillment and implementation of such conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions is not required until the town issues a permit or other grant of approval for development of the property.

(d) The Director's decision on issuance of a certificate of compliance may be appealed to the town council in accordance with the appeal procedures in article 6 of chapter 16.

(e) A recorded final map or parcel map constitutes a certificate of compliance with respect to the parcels of real property described on the map.

(f) The applicant for a certificate of compliance shall pay the town a fee to cover the reasonable cost of processing the application as set forth in the applicable town fee schedule(s).

(g) The Town of Tiburon has required the filing of maps for subdivisions since its incorporation on June 23, 1964. Prior to the incorporation of Tiburon, the County of Marin did not require the filing of maps for the division of property into three or fewer lots. However, the County of Marin did require the filing of maps for divisions of land into four or more parcels beginning in 1932. The above information is provided pursuant to section 66412.6 of the Subdivision Map Act.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Reversion to acreage shall be processed in accordance with the applicable provisions of the Subdivision Map Act.

(Ord. No. 573 N.S., § 3, 6-7-2017)