The necessity for tentative, final and parcel maps shall be
governed by the provisions of this title.
(Code 1980, § 16.14.010; Ord. No. 28-B, § 1.301, 1981)
A tentative and final map shall be required for all divisions
of land when determined by the community development director that
such land divided into five or more parcels, five or more condominiums
as defined in
Civil Code § 783, or a community apartment
project containing five or more parcels except for:
A. Land
divided by mineral, oil or gas leases;
(Code 1980, § 16.14.020; Ord. No. 28-B, § 1.302, 1981)
A. A tentative
map and parcel map shall be required for all divisions of land which
create less than five parcels except for:
1. Divisions
of land created by short term leases (terminable by either party on
not more than 30 days' notice in writing) of a portion of an
operating right-of-way of a railroad corporation defined as such by
the
Public Utilities Code § 230; provided, however, that
upon a showing made to the city engineer based upon substantial evidence
that public policy necessitates such a map, this exception shall not
apply;
2. Lot
line adjustments, provided:
a. No additional parcels or building sites have been created;
b. The adjustment does not create the potential to further divide either
of the two parcels into more parcels than would have been otherwise
possible;
c. There are no resulting violations of this Code;
3. Except when the parcel map is waived by the city engineer as provided by section
16.22.120.
B. A tentative map, in a form as required by the city engineer and a certificate of compliance in accordance with section
16.44.040 shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers.
(Code 1980, § 16.14.030; Ord. No. 28-B, § 1.303, 1981)
All persons submitting maps as required by this title shall
pay all fees and/or deposits as provided by the city's resolution
establishing fees and charges, or as provided by this title.
(Code 1980, § 16.14.040; Ord. No. 28-B, § 1.304, 1981)
A. Any
submissions of a map shall not constitute submission for filing with
the city until all attachments and required statements, instructions,
environmental forms and clearances, and a completed application form
with appropriate fees or receipts therefor are deposited with the
community development department and a written receipt therefor is
provided to the filer.
B. Failure
to submit all materials and statements required by this title shall
constitute grounds for rejection of filing the application.
(Code 1980, § 16.14.050; Ord. No. 28-B, § 1.305, 1981)
A. All
portions of the recognized parcels proposed to be divided shall be
included and identified by number on each map required or permitted
by the Subdivision Map Act or this title, except in the following
cases:
1. The
present owner of an unrecognized parcel may file a map of that portion
of the recognized parcel which he owns and exclude the remainder of
the recognized parcel if the present owner was not the subdivider
at the time the unrecognized parcel was created; or
2. The
owner of an unrecognized parcel, who was the subdivider at the time
the unrecognized parcel was created, may file a map showing all portions
of the previously recognized parcel which is not now a recognized
parcel.
B. For
the purposes of this section, any person who, at the time he or she
acquired an unrecognized parcel, had actual or constructive knowledge
that the same was an unrecognized parcel shall be deemed a subdivider
who created the unrecognized parcel.
(Code 1980, § 16.14.060; Ord. No. 28-B, § 1.306, 1981)
A. The
subdivider may designate as a remainder that portion of the subdivision
which is not divided for the purpose of sale, lease or financing.
B. For any remainder parcel so designated, the final map or parcel map shall state as a condition of approval that said remainder portion shall not be sold, leased or financed until all improvements which are required have been constructed or the in-lieu fees have been paid, or the subdivider has entered into an agreement with the city providing for the construction of such improvements at the subdivider's expense, within a period of 12 months after the recordation of the map. In the latter case the subdivider shall be required to furnish security in connection with the performance of such agreement as provided in chapter
16.36.
C. Notwithstanding subsection
B of this section, the city council finds that it is necessary for reasons of public health and safety that all required off-site improvements be constructed within a period of 12 months following the recordation of a parcel map or final map for each parcel or unit of land designated on such map as the remainder upon which there exists a building or other usable structure at the time of such recordation.
(Code 1980, § 16.14.070; Ord. No. 28-B, § 1.307, 1981)