§ 19.150

This Chapter establishes general regulations for subdivisions as governed by the Subdivision Map Act. The regulations set forth in this Chapter are necessary for the preservation of the public health, safety and general welfare and for the implementation of the goals and policies of the adopted General Plan. The purpose of this Chapter is multifaceted as follows:

A.

Conform to the City's General Plan. To create lots of reasonable utility and livability in conformance with the goals and policies of the adopted General Plan.

B.

Orderly Growth. To provide for the orderly growth and harmonious development of the City through the regulation and control of the division of land for the purpose of sale, lease or financing, wholly or partially within the City.

C.

Implement the Subdivision Map Act. To supplement and implement the provisions of Government Code Section 66410 et seq. (the Subdivision Map Act) pertaining to the design, improvements and survey data of subdivisions.

D.

Establish Procedures. To establish procedures to be followed in securing the official approval of the reviewing authority, which may be the City Engineer, the Community Development Director (Director), the Planning Commission and/or the City Council.

E.

Ensure Adequate Traffic Circulation. To implement the Circulation Element of the General Plan by ensuring adequate traffic circulation through coordinated street systems in relation to major thoroughfares, adjoining

subdivisions and public facilities.

F.

Comply with Health and Safety Requirements. To secure adequate provisions for water supply, drainage, sewage disposal, traffic control and other health and safety requirements.

G.

Consider Public Facilities. To ensure consideration of adequate sites for schools, recreation areas and other public facilities.

H.

Conserve Resources. To promote open space; conservation of resources, energy and land; and the protection and proper use of land.

I.

Conveyance of Land. To promote the conveyance of land by accurate legal description.

This Chapter applies to any division of real property wholly or partially within the incorporated area of the City except as specifically excluded by the Subdivision Map Act, this Chapter, or a development agreement adopted by Ordinance of the City Council. Divisions of land in unincorporated territory adjacent to the City are subject to these provisions to the extent permitted by the Subdivision Map Act, Section 66454, Preannexation Filing of Tentative Maps.

No land shall be subdivided and developed for any purpose unless it is in conformance with the goals and policies of the adopted General Plan and any applicable specific plan, and unless it is in compliance with this Development Code. The type and intensity of land use shown in the General Plan shall determine the type of street improvements, utilities and other public services that shall be provided by the developer.

A.

A Tentative Parcel Map and Final Parcel Map are required for all subdivisions creating four or fewer parcels, including condominium, townhouse, stock cooperative apartment or community apartment projects containing four or fewer parcels.

B.

Exceptions. A Parcel Map is not required when the subdivision:

1.

Is for the construction of a condominium project on a single parcel; or

2.

Creates only parcels that are more than 40 gross acres or are not less than a quarter of a quarter section; or

3.

Is created for the purpose of creating a water well site of less than 1,200 square feet; or

4.

Is a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code which is created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or

5.

Is for land conveyed to or from a governmental agency, public entity or public utility; however, land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels; or

6.

Complies with the requirements of the Subdivision Map Act and this Chapter as to parcel size, improvements and design, flood water drainage control, improved public roads, sewage disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this Chapter, and provided that the boundaries of the parcels are adequately monumented. In such cases the Director, in consultation with the City Engineer, may waive the requirement for a Parcel Map, including those Parcel Maps required by Section 66426 of the Subdivision Map Act and Chapter 19.154 of this Ordinance. Such waiver automatically constitutes approval for the issuance of a Certificate of Compliance as specified in Section 66499.35 of the Subdivision Map Act. When the Parcel Map requirement has been waived, the Director shall, within 90 days and without further application and proceedings, file the Certificate of Compliance with the County Recorder.

A.

A Tentative and Final Map are required for all subdivisions creating five or more parcels, including condominiums, townhouses, stock cooperative apartment units, or a community apartment project containing five or more parcels.

B.

For the subdivisions listed below, a Tentative Parcel Map and Final Parcel Map may be submitted in place of the Tentative and Final Map.

1.

The land before division contains less than 5 acres, each parcel created by the division abuts a maintained public street or highway and no dedications or improvements are required; or

2.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

3.

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4.

Each parcel created by the division has a gross area of 40 acres or more or is larger than a quarter of a quarter section.

A remainder parcel is that portion of a map that is not divided for the purpose of sale, lease or financing. The parcel shall be identified on the map as "remainder parcel" and shall not be given a parcel or lot number. Alternatively, the subdivider may omit entirely that portion of land of improved or unimproved land that is not divided for the purpose of sale, lease or financing. If the subdivider elects to designate a remainder, the following requirements shall apply:

A.

The remainder parcel shall not be counted as a parcel for the purpose of determining whether a Parcel or Final Map is required.

B.

The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued, or as otherwise agreed to between the subdivider and the City. In the absence of an agreement, the City may require fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the Final Map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel based upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of:

1.

The public health and safety; or

2.

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

C.

The deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district.

D.

A designated remainder or any omitted parcel may subsequently be sold without any further requirement of the filing of a Parcel Map or Final Map, but the City may require a certificate of compliance or conditional certificate of compliance.

A fee, established by Resolution of the City Council, is required for all applications or other filings required or permitted by this Chapter or the Subdivision Map Act. A list of current fees is available from the Planning Division.

The requirements of the Subdivision Map Act and this Chapter shall apply to all community apartment, condominium, townhouse, stock cooperative and similar projects, except those excluded by the Subdivision Map Act and Section 19.150.090 (Exclusions). Applications for the above projects are to be processed according to the requirements of the Development Code.

A.

No Tentative Map, Parcel Map or Final Map is required for the following:

1.

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

2.

Mineral, oil or gas leases.

3.

Land dedicated for cemetery purposes under the Health and Safety Code.

4.

Lot line adjustments as specified in the Subdivision Map Act.

5.

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

The conversion of a community apartment project as specified in the Subdivision Map Act.

7.

The conversion of a stock cooperative project as specified in the Subdivision Map Act.

8.

The leasing of, or the granting of an easement to, a parcel of land, or any portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land.

9.

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel.

10.

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

11.

The construction, financing or leasing of a second dwelling unit under Government Code Sections 65852.1 and 65852.2; however, this Development Code shall apply to the sale or ownership transfer of the second dwelling unit.

12.

Leases of land for agricultural purposes; cultivation of food or fiber or the grazing or pasturing of livestock.

13.

Subdivisions of four parcels or less for the construction of removable commercial structures having a floor area of less than 100 square feet.

14.

The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code Section 230) which is created by a short-term lease (terminable by either party on not more than 30 days notice in writing).

15.

Land conveyed to or from a governmental agency, public entity or public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement or a license.

16.

The leasing or licensing of a portion of a parcel, or the granting of an easement, Conditional Use Permit, or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the City.

17.

Any other exclusions provided by the Subdivision Map Act and this Chapter.

The various types of subdivisions shall be approved by the specified approving authority as designated in Table 19.150.100-1.

Table 19.150.100-1

Review and Approval Authority

Chapter 19.152 - General Subdivision Standards