§ 16.12

A preliminary map must be prepared and submitted for processing and approval for any subdivision that will be developed in two or more development units.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.030 - Tentative and final maps required; exceptions.

A tentative and final map is required for all subdivisions creating five or more parcels or lots, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

A.

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

B.

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, that has been improved to city standards; or

C.

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

D.

Each parcel created by the division has a gross area of 40 acres or more or is not less than a quarter of a quarter section; or

E.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.040 - Preliminary parcel and parcel maps required.

A preliminary parcel map and parcel map are required for divisions of land into four or fewer parcels, which may be referred to as a minor land division.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

A.

A parcel map may be waived in accordance with the procedures set forth in this chapter and in accordance with Section 66428(b) of the Subdivision Map Act. A preliminary map is required in cases where a parcel map is waived.

B.

An application for waiver of the requirement of a parcel map must be filed with the city planner upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the city planner.

C.

The committee may waive the requirement for a parcel map provided the committee finds that the proposed land division complies with the following requirements of this title:

1.

Required area;

2.

Required improvements;

3.

Flood water drainage control;

4.

Appropriate improved public roads;

5.

Sanitary disposal facilities;

6.

Water supply availability;

7.

Adequate existing survey control; and

8.

Any other provisions of this title and other applicable ordinances, resolutions, and standards of the city.

D.

No requirement of a parcel map will be waived if the waiver would result in a lot that will be used for residential purposes with a net area or dimensions that do not meet the standards required the Zoning Ordinance, unless a request for a variance has been approved in accordance with the provisions of the Zoning Ordinance.

E.

An application for waiver of the requirement of a parcel map must be acted upon by the committee within 50 days after it is accepted for filing by the city planner, unless such time is extended by agreement with the applicant. The committee, or the planning commission on appeal, as provided in Section 16.28.050 of this title, must by written decision deposited in the U.S. mail, approve or conditionally approve the application for waiver if a finding is made that the proposed division of land complies with, or upon satisfaction of one or more specific conditions, must comply with such requirements as may have been established by Section 66428(b) of the Subdivision Map Act, this title, and other city ordinances, resolutions, or standards applicable to the proposed division of land.

F.

The approval of a parcel map waiver automatically constitutes approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, the city engineer must, provided

each condition has been satisfied, issue a certificate of compliance or conditional certificate of compliance and must cause said certificate of compliance or conditional certificate of compliance to be filed for record with the County Recorder. A record of survey must also be recorded if required by Section 8762 of the Business and Professions Code.

G.

Upon approval of the parcel map waiver, the applicant, or the applicant's title company or agent, must submit a grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the city engineer must determine that the grant deed or deeds are in substantial compliance with the approved waiver.

H.

The grant deed or deeds, and beneficiary consent, if applicable, must be recorded concurrently and will constitute constructive notice of the parcel map waiver. The certificate of compliance, grant deed, and beneficiary consent, if applicable, must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.

I.

The subdivider or engineer may request an extension of the expiration date of the approved parcel map waiver by written application to the city engineer. The application must be filed prior to the expiration date and must state the reason for requesting the extension of time and the amount of additional time requested. The city engineer may require that the subdivider or engineer provide an updated title report for the property prior to completing the review of the extension request. The city engineer must approve or deny the request for extension.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

When at least two-thirds of the owners of mobilehomes, who are tenants in a mobilehome park, sign a petition indicating their intent to purchase the mobilehome park for purposes of converting it to resident ownership, and a field survey is performed, the requirement for a parcel map or a tentative and final map must be waived unless any of the following exist:

A.

There are design or improvement requirements necessitated by significant health or safety concerns.

B.

The city engineer determines that there is an exterior boundary discrepancy that requires recordation of a new parcel map or tentative and final map.

C.

The existing lots which exist prior to the proposed conversion were not created by a recorded parcel map or final map.

D.

The conversion would result in the creation of additional parcels.

Provided subsections A through D, above, are not applicable, sections 66428.1(b) and (d)-(h) of the Subdivision Map Act will apply.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.070 - Lot line adjustments.

A.

A lot line adjustment occurs between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.

B.

An application for a lot line adjustment must be filed with the city planner upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the city planner.

C.

An application for a lot line adjustment may be approved by the committee. The committee must limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the city's general plan, and applicable specific plan and any zoning and building ordinances.

D.

No lot line adjustment may be approved if it would result in a lot that will be used for residential purposes with a net area or dimensions that do not meet the standards required in the Zoning Ordinance unless a request for a variance has been approved in accordance with the provisions of the Zoning Ordinance.

E.

Conditions or exactions must not be imposed on the lot line adjustment except to conform to the city's general plan, applicable specific plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.

F.

The lot line adjustment must be reflected in a deed, which must be recorded by the county recorder. No record of survey is required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

G.

Approval of a lot line adjustment automatically constitutes approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for a lot line adjustment, the city engineer must, provided each condition has been satisfied and such lot line adjustment is reflected in a deed to be concurrently recorded with the county recorder, issue a certificate of compliance or conditional certificate of compliance to be filed for record with the county recorder. A record of survey must also be recorded if required by Section 8762 of the Business and Professions Code.

H.

The certificate of compliance and grant deed must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.

I.

The subdivider or engineer may request an extension of the expiration date of the approved lot line adjustment by written application to the city engineer. The application must be filed prior to the expiration date and must state the reason for requesting the extension of time and the amount of additional time requested. The city engineer may require that the subdivider or engineer provide an updated title report for the property prior to completing the review of the extension request. The city engineer must approve or deny the request for extension.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.080 - Certificates of compliance.

A.

An application for a certificate of compliance or a conditional certificate of compliance, as defined in Section 16.12.080 of this title, must be filed with the planning director upon such forms and accompanied by a plot plan and such supporting documentation as may be prescribed or requested by the planning director; unless said application meets the requirements of 16.12.070. A & B above, in which case issuance of the certificate of compliance or conditional certificate of compliance must be automatically given.

B.

An application for a certificate of compliance or a conditional certificate of compliance may be approved by the committee and upon such form as provided by the city engineer.

C.

The certificate of compliance, or conditional certificate of compliance, must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

No tentative map, final map or parcel map will be approved unless the planning commission and city council find that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the general plan or any specific plan adopted pursuant to the requirements of Articles 5 and 8 of Chapter 3, Division 1, Title 7 of the Government Code.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.100 - Map approval—Tentative or final—Denial.

Approval of a tentative or final map must be denied if any of the following findings are made:

A.

The proposed map, or the design or improvement of the proposed subdivision, is not consistent with applicable general and specific plans;

B.

The site is not physically suitable for the type of development, or for the density of development proposed;

C.

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat, or they do not provide reasonable public access to public resources as per Article 3.5 of Chapter 4 of the Subdivision Map Act;

D.

The design of the subdivision or the type of improvements is likely to cause serious public health problems;

E.

The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection applies only to easements of record or to easements established by judgement of a court of competent jurisdiction. The city does not have authority to determine that the public at large has acquired easements for access through or use of property within a proposed subdivision;

F.

The discharge of waste from the proposed subdivision into the city sewer system would result in violation, or add to a violation, of existing requirements prescribed by a California Regional Water Quality Control Board.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

No final map will be approved for any land project, as described in Section 11000.5 of the Business and Professions Code, unless the planning commission first finds that the proposed land project and provisions for its design and improvement are consistent with an adopted specific plan covering the area.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

The planning commission and city council must not deny approval of a final map, pursuant to Section 16.12.070, if they have previously approved a tentative map for the proposed subdivision and find that the final map is in substantial compliance with the previously approved tentative map.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

This title is inapplicable to those transactions and procedures exempted from the Subdivision Map Act by Article 1 thereof, provided that a lot line adjustment be reflected in a deed, and that a record of survey needs to be performed only if required by Section 8762 of the California Business and Professions Code.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

16.12.140 - Fees.

Fees for filing, checking and processing of any map or any other papers, maps, diagrams, or documents required under this title, fees for preparation and filing of any certificate of compliance, and fees for any appeal authorized under this title must be paid by the subdivider in the amounts prescribed by resolution of the city council.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

No permit will be granted for the construction, installation or replacement of any building for sale, lease or finance on any lot or parcel, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by this title, until such map thereof, in full compliance with the provisions of this title has been filed for record by the county recorder. Any permit issued contrary to the provisions of this section must be deemed null and void.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Any deed of conveyance, sale or contract to sell real property that has been divided, or that has resulted from a division, in violation of the provisions of this title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Subdivision Map Act.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

This title does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled and the city or any aggrieved public agency or person may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act that is in violation of this title.

(Ord. No. 249-22, § 2(Exh. A), 9-21-2022)

Chapter 16.16 - PROCEDURES AND REQUIREMENTS—SPECIFIC

Sections: