Vallejo Municipal Code Ch. 15.02 General Provisions

This title shall be cited and known as the "subdivision ordinance of the City of Vallejo." The purpose of this title is to:

A. Implement and supplement the State of California Subdivision Map Act and its goals and policies;

B. Set forth the procedures and requirements applicable to subdivisions, land divisions and mergers;

C. Insure that the resulting lots or parcels are served by all necessary utilities installed in a manner to allow access for their maintenance;

D. Insure that public improvements are provided to meet present and foreseeable future needs;

E. Insure that reasonable caution is taken to preclude loss or damage to life, property or improvements as a result of a subdivision, land division or merger;

F. Insure that physical alteration of the environment from development will not adversely impact the character of the city in general or the immediate area in which the development will be located;

G. Insure that reasonable access is provided for the intended users; and

H. Balance the housing needs of the region against the public service needs of Vallejo citizens and available fiscal and environmental resources.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

All subdivisions, land divisions, mergers and resultant development shall be consistent with the general plan and any applicable specific plans.

(Ord. 1056 N.C.(2d) § 3 , 1989.)

All subdivisions, land divisions, mergers and result development shall be consistent with the zoning ordinance.

(Ord. 1056 N.C. (2d) § 3 (part), 1989.)

All subdivisions, land divisions and mergers shall be consistent with the subdivision ordinance and with the Subdivision Map Act.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

This title shall apply to any portion of any subdivision, land division or merger of property entirely or partially within the incorporated limits of the city. Additionally, it shall apply to unincorporated properties within Vallejo's sphere of influence where subdivision, land division or merger is proposed as a preannexation procedure, as described in Section 15.02.090.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

This title shall be inapplicable to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks (except the conversion thereof), or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedication for cemetery purposes under the Health and Safety Code of the State of California;

D. 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, provided the lot line is approved by the city as provided in Chapter 17.30 of the Vallejo Municipal Code;

E. 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;

F. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code of the State of California;

G. The leasing of agricultural land for agricultural purposes;

H. Conveyances to and from public entities and public utilities unless the city council determines that public policy necessitates such parcel map;

I. Unless a parcel or final map was approved by the city council the conversion of a community apartment project, as defined in Section 11004 of the Business and Professions Code, to a condominium as defined in Section 783 of the Civil Code, but only if the following requirements are met:

1. At least seventy-five percent of the units in the project were occupied by record owners of the project on March 31, 1982, and

2. A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Section 66424, after January 1, 1964, with all of the conditions of that map remaining in effect after the conversion;

J. Unless a parcel or final map was approved by the city council, the conversion of a stock cooperative, as defined in Section 11.003.2 of the Business and Professions Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1. At least fifty-one percent of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1981, or individually owned by stockholders of the cooperative on January 1, 1981. As used in this paragraph, a cooperative unit is "individually owned" if and only if the stockholder of that unit owns or partially owns an interest in no more than one unit in the cooperative, and

2. No more than twenty-five percent of the shares of the cooperative were owned by any one person, as defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1981, and

3. A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits;

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

L. 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, unless the project is not subject to review under other city ordinance regulating design and improvement;

M. The construction of removable commercial buildings having a floor area of less than one hundred square feet;

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

O. The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 of the Government Code or second units pursuant to Section 65852.2 of the Government Code; but this division shall be applicable to the sale or transfer, but not leasing, of those units.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

It is unlawful for any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity, as a principal, agent or otherwise to sell, or to convey title in any way to, any subdivision of land or any part thereof in the city, until the requirements of this subdivision title have been complied with.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Any person, firm, corporation, partnership, or copartnership violating any of the provisions or failing to comply with any of the mandatory requirements of this title shall be subject to the penalties set out in Chapter 1.12, and nothing contained in this title bars any legal, equitable or summary remedy to which the city or other political subdivision, or any person, firm, corporation, partnership, or copartnership may otherwise be entitled. The city or any other political subdivision or person, firm, corporation, partnership, or copartnership may file suit in any court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

A. When any area in a subdivision for which a final map has been approved by the Solano County Board of Supervisors and filed for record pursuant to this title is thereafter annexed to the city, the final map and any agreements relating to the subdivision shall continue to govern the subdivision.

B. When any area in a subdivision or proposed subdivision as to which a tentative map or vesting tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by this title but the final act required to make the parcel map effective has not been taken, is annexed to the city, all procedures and regulations required by this title shall be deemed to commence as of the effective date of the annexation and the map shall comply with the requirements of this title.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)