Any real property located in the city and shown on the latest
adopted county tax roll as a unit shall not be divided by any person
(1) into less than five parcels, or (2) into any number of parcels
if such division of land does not constitute a "subdivision" pursuant
to the Subdivision Map Act of the state, as set forth in California
Business and Professions Code, commencing with Section 11500, without
first obtaining the approval of the city as provided in this chapter.
(Prior code § 18.10; Ord. 1120 § 1, 1970; Ord. 1207 § 1, 1974)
Anyone proposing to divide property as provided for in this
chapter shall make his or her application therefor to the city planning
commission by submitting to such commission a map showing boundaries
and building locations in accordance with the proposed division of
land accompanied by an application which is in form and content provided
for in this chapter.
(Prior code § 18.10)
The city planning commission shall be vested with the authority
to approve the application for the division of land as provided for
in this section subject to review and reversal and final determination
by the city council in accordance with the procedures provided for
in this chapter.
(Prior code § 18.10)
The approval of the application form for the division of land
as provided for in this chapter by the city may be subject to conditions
imposed upon the applicant by the city planning commission or by the
city council to make or guarantee necessary improvements and dedication
of land which will serve the best interests of the public health,
safety and welfare and promote the orderly development and planning
of the city.
(Prior code § 18.10)
Among the improvements which may be required as a condition
by the planning commission or the city council for the approval of
a division of land as provided for in this chapter are the following:
(1)
Curbs, gutters, sidewalks and street pavements;
(2)
Sanitary sewer facilities and connections;
(3)
Rights-of-way and easements for the installation of drains, sewers,
roads and alleys;
(4)
Drainage facilities; and
(5)
Water lines and appurtenances.
(Prior code § 18.10)
If the installation of curbs, gutters, sidewalks, street pavements
or dedication of easements and rights-of-way or other improvements
or dedications are imposed as a condition to the approval of the division
of land as provided for in this chapter, the cost of construction
and compliance shall be secured in the same manner as provided for
subdivision improvements as set forth in this title.
(Prior code § 18.10)
The decision of the planning commission may be appealed to the
city council for review and determination upon the request of the
applicant or upon the motion of the city council. An appeal made by
the applicant to the city council shall be made in writing to the
city clerk within fifteen days of the time when the planning commission
takes formal action by resolution on the application. If the applicant
makes a timely request for appeal, the city clerk shall place the
matter on the agenda for the meeting of the city council next following
the receipt of the applicant's request for appeal.
The city council may review the decision of the planning commission
with respect to the application for the division of and as provided
for in this chapter on its own motion made within fifteen days of
the time when the planning commission takes formal action by resolution
on the application. When the city council reviews the determination
of the planning commission, it shall give the applicant not less than
five days written notice thereof prior to taking final action thereon.
(Prior code § 18.10)
The application for a division of land as provided for in this
chapter and which is to be first submitted to the office of the planning
commission of the city shall consist of the following information
and items:
(1)
Name and address of the applicant;
(2)
Name and address of the owner of the property which is proposed to
be divided;
(3)
The street address and legal description of the property which is
proposed to be divided;
(4)
The total square footage of the area to be divided; and
(5)
An original and three prints of maps showing that the proposed division
of the lot into two or more parcels, the exact dimension and bearing
of each line, the boundaries, the monument set, the building location
and all other applicable matters and shall be prepared by a registered
civil engineer or a licensed surveyor.
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A filing fee, as established by city council resolution, is
to be paid with the application. If the lot split is not completed
within one year from its approval, an extension may be granted upon
a written application therefor and the payment of an additional fee,
as established by city council resolution, for the filing of such
application.
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(Prior code § 18.10; Ord. 1040 § 4, 1967; Ord. 1327 § 3, 1979)
Any conveyance of property resulting in the division of land
without compliance with the provisions of this chapter shall be voidable
by the grantee, buyer or person contracting to purchase, his or her
heirs and assigns, within one year from the execution of the instrument
conveying title or interest in title or the contract of sale. Furthermore,
if land shall be divided without complying with the provisions of
this chapter, no building permit shall be issued for the improvement
of any part of such land until the requirements of this chapter shall
have been complied with. These sanctions are in addition to any other
penalties provided by law.
(Prior code § 18.10)
If the division of land is approved, the applicant shall cause
the approved map to be approved by the county engineer and to be recorded
with the county recorder.
(Prior code § 18.10)
Nothing to the contrary herein withstanding, the terms and provisions of Chapter 20.08, shall not apply to the divisions of land made for the purpose of adjusting boundaries and not resulting in the creation of a new and separate building site.
(Prior code § 18.10; Ord. 983 § 1, 1965)
