This title shall be cited and known as the subdivision ordinance
of the city. The purpose of this title is to establish the following
principles in the interests of protecting the health, safety, and
general welfare of the people of the city:
A. Implement
and supplement the California Subdivision Map Act (
Government Code
Section 66410 et seq.);
B. Implement
the city general plan;
C. Set
forth the legal procedures and requirements applicable to subdivisions,
land divisions and mergers;
D. Insure
that the resulting lots or parcels are served by all necessary utilities
and that such utilities are installed in a manner that will permit
access for maintenance of such utilities;
E. Insure
that the required public improvements are provided to adequately meet
present and anticipated future needs;
F. Insure
that the physical alteration of the environment, which will result
from the development proposed by the subdivision, land division or
merger, will not adversely impact the character of the city in general
or the immediate area in which the development will be located;
G. Ensure
that reasonable access is provided for the intended users; and
H. Consider
the housing needs of the region against the public service needs of
city citizens and available fiscal and environmental resources.
(Ord. 91-9 § 3; Ord. 03-21 § 1 (part))
The provisions and requirements of this title shall apply to all or any portion of any subdivision, land division or merger of property entirely or partially within the incorporated limits of the city. Additionally, such provisions and requirements shall apply to unincorporated properties within the city's sphere of influence where the subdivision, land division, or merger is proposed as a preannexation procedure as described in Section
16.04.080.
(Ord. 91-9 § 3)
All subdivision, land division, mergers, and resultant development
shall be consistent with the goals and policies of the general plan
and any applicable specific plans.
(Ord. 91-9 § 3)
All subdivisions, land divisions, mergers and resultant development
shall be consistent with the land use classifications and standards
of the zoning ordinance.
(Ord. 91-9 § 3)
All subdivisions, land divisions, mergers, and resultant development
shall be consistent with this title and the California Subdivision
Map Act (
Government Code 66410 et seq.). If any discrepancy between
a requirement set forth in this title and the Subdivision Map Act
occurs, the requirements set forth in the Subdivision Map Act shall
prevail.
(Ord. 91-9 § 3)
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, or trailer parks;
B. Mineral,
oil or gas leases;
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 adjustment is approved by the city;
E. Boundary
line or exchange agreements to which the state Lands Commission or
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;
G. 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 all of 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,
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;
H. Unless
a parcel or final map was approved by the city council, the conversion
of a stock cooperative, as defined in Section 11003.2 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;
2. No
more than twenty-five percent of the shares of the cooperative were
owned by any one person, including an incorporator or director of
the cooperative, on January 1, 1981;
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;
I. 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;
J. 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 local agency ordinances regulating design and improvement;
K. The
financing or leasing of existing separate commercial or industrial
buildings on a single parcel;
L. The
construction, financing, or leasing of dwelling units pursuant to
Section 65852.1 or second units pursuant to Section 65852.2 but this
division shall be applicable to the sale or transfer, but not leasing,
of those units;
M. The
construction of removable commercial buildings having a floor area
of less than one hundred square feet;
N. The
leasing of agricultural land for agricultural purposes.
(Ord. 91-9 § 3)
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, unless
and until all the requirements hereinafter provided have been complied
with.
(Ord. 91-9 § 3)