This title is adopted to supplement and implement the Subdivision Map Act, Government Code § 66410 et seq., and may be cited as the "Subdivision Ordinance" of the city.
(Code 1980, § 16.04.010; Ord. No. 28-B, § 1.101, 1981)
It is the purpose of this title to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act, Government Code § 66410 et seq., concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the planning commission and the city council regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to ensure provision for adequate traffic circulation, utilities and services.
(Code 1980, § 16.04.020; Ord. No. 28-B, § 1.102, 1981)
A. 
No land shall be subdivided and developed for any purpose which is not in conformity with the general plan and any specific plan, and any planned community of the city or specifically authorized by the precise zoning ordinance of the city.
B. 
The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider.
(Code 1980, § 16.04.030; Ord. No. 28-B, § 1.103, 1981)
The regulations set forth in this title shall apply to all subdivisions or parts thereof within the city and to the preparation of subdivision maps thereof and to other maps provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the city shall be made and each such map shall be prepared and presented for approval as hereafter provided for and required.
(Code 1980, § 16.04.040; Ord. No. 28-B, § 1.104, 1981)
No final map or parcel map shall be approved, and no certificate of compliance shall be issued, if a substandard lot would thereby be created or recognized.
(Code 1980, § 16.04.050; Ord. No. 28-B, § 1.105, 1981)
Whenever in the opinion of the planning commission, the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the planning commission may make such modifications thereof as in its opinion are reasonably necessary or expedient and in conformity with the state Subdivision Map Act.
(Code 1980, § 16.04.060; Ord. No. 28-B, § 1.106, 1981)
In all cases where this title or the Subdivision Map Act requires the performance of any act, including the holding of any hearing, by any employee, officer, board, agency, commissioner or the council, within a specified period of time, such time may be extended by mutual agreement between the subdivider and the employee, officer, board, agency, commission, or the council responsible for the performance of such act.
(Code 1980, § 16.04.070; Ord. No. 28-B, § 1.107, 1981)
No new city service or utilities shall be provided to, and no city permit will be issued with respect to, any parcel or lot which is an unrecognized parcel; provided, however, a permit may be issued by the building official for the length of time as he shall determine if he or she finds such action is necessary to protect the public health and safety.
(Code 1980, § 16.04.080; Ord. No. 28-B, § 1.108, 1981)
Any subdivider shall submit evidence as to the ownership of the land proposed to be divided. Such evidence may be in the form of a preliminary title report which is dated not more than 60 days prior to the date on which the tentative, parcel or final map is filed, or such evidence may be in any other form which is acceptable to the city engineer.
(Code 1980, § 16.04.090; Ord. No. 28-B, § 1.109, 1981)
The council may waive the provisions of Government Code § 66473 with respect to any technical or inadvertent error if the council first makes a finding that such error does not materially affect the validity of the map.
(Code 1980, § 16.04.100; Ord. No. 28-B, § 1.110, 1981)
The community development director may adopt rules and regulations relating to and necessary and proper for the interpretation and administration of this title consistent with the provisions thereof.
(Code 1980, § 16.04.110; Ord. No. 28-B, § 1.11, 1981)
A. 
No person shall offer to sell or lease, to contract to sell or lease, to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, 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 with the county recorder for record.
B. 
No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this title or the state Subdivision Map Act, until such map thereof is in full compliance with the provisions of this title and the state Subdivision Map has been filed for record by the recorder.
C. 
Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record with the county recorder.
D. 
This section does not apply to any parcel or parcels 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 a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(Code 1980, § 16.04.120; Ord. No. 28-B, § 1.1001, 1981)
A. 
Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or state Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his or her assignee, heir or devisee.
B. 
Any grantee, or his or her successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the state Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.
C. 
The provisions of this section shall not apply to the conveyance of any parcel of real property identified in the certificate of compliance filed pursuant to Government Code § 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording.
D. 
The provisions of this section shall not limit or affect in any way the rights of a grantee or his or her successor in interest under any other provision of law.
E. 
This section does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation may otherwise be entitled, and the city or other public agency, or such person, firm or corporation may file a suit in the superior court of the county, to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this title.
F. 
The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the state Subdivision Map Act if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such real property.
G. 
The city, in issuing a permit or granting approval for the development of any such real property, may impose those additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by this division or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of this chapter only such conditions stipulated shall be applicable.
(Code 1980, § 16.04.130; Ord. No. 28-B, § 1.1002, 1981)
A. 
Any person owning real property within the city may request the city engineer to determine whether such real property complies with the provisions of this title and the state Subdivision Map Act.
B. 
Upon making such determination, the city engineer shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable ordinances and resolutions of the city and the state Subdivision Map Act.
C. 
If the city engineer determines that such real property does not comply with the provisions of this Code or state Subdivision Map Act, he or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by ordinance. Upon making such a determination and establishing such conditions, the city engineer or authorized representative shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.
D. 
Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.
E. 
A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
F. 
For the purposes of administration of this section any parcel that is shown in the official records of the county recorder after December 1, 1977, shall be considered as a conforming parcel.
G. 
A fee pursuant to the city's master fee resolution shall be charged to applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.
(Code 1980, § 16.04.140; Ord. No. 28-B, § 1.1003, 1981)
Whenever the city engineer or an authorized representative has knowledge that real property has been divided in violation of the provisions of this title or the state Subdivision Map Act, they shall cause to be filed for record with the recorder of the county a tentative notice of violation (referred to as a "certificate of non-compliance") describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of the final notice the owner of the real property shall be advised in writing of the intention to record a final notice and specifying a time, date and place at which the owner may present evidence as to why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed with the county recorder. Such tentative or final notice, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
(Code 1980, § 16.04.010; Ord. No. 28-B, § 1.1004, 1981)