This title is enacted for the purpose of adopting subdivision regulations in accordance with the Subdivision Map Act of the State of California. The Planning Commission of the City of Mill Valley, hereinafter referred to as the "Planning Commission," is hereby designated as the advisory agency with respect to subdivisions as provided in said Subdivision Map Act and this title, and shall have all the powers and duties with respect to tentative and final maps and the procedures relating thereto which are specified by law and by this title.
(Ord. 447 § 1.1, April 17, 1956)
This title is also enacted under the provisions of Section 11540.1 of the Subdivision Map Act of the State of California, for the purpose of adopting regulations to govern any subdivision which for the purpose of this title is defined as: any real property improved or unimproved, or portion thereof, which is divided for the purpose of sale or lease or any other purpose, whether immediate or future, into five or more lots or parcels wherein any parcel is less than 20 acres in net area.
(Ord. 447 § 1.2, April 17, 1956)
This title is also enacted to provide for the division or subdivision of any parcel of land in the City into two, three, or four parcels of land, the procedure being set forth in Chapter 21.28.
For such subdivisions the requirements of filing tentative and final maps shall not apply, but such subdivisions shall conform to all of the general regulations and requirements of this title.
(Ord. 447 § 1.3, April 17, 1956)
The regulations established by this title shall apply to all subdivisions or parts of subdivisions of lands lying wholly or in part within the incorporated territory of the City of Mill Valley, and are declared to be the minimum reasonably necessary to promote and protect the public health, safety, peace, morals, comfort and general welfare.
(Ord. 447 § 1.4, April 17, 1956)
There are many areas within the City which are of sloping topography, and the degree of natural slope is widely varied within such areas which are otherwise of a homogeneous character with respect to their suitable basic zoning classification, and it is not feasible or practicable to establish fixed boundaries within such areas, between the portions of different natural slopes.
It is in the interest of the public health, safety and general welfare, and consistent with the present and intended character of the City that these hillside lands be developed in a manner productive of optimum living environment and stabilized property values, which are characterized by buildings and appurtenant construction adapted to the topography so as to minimize grading, disturbance of natural features, problems of drainage and soil stability, so as to provide the maximum feasible solar access, so as to provide the maximum of usable outdoor area, views, planting, privacy, and so as to provide safe and convenient vehicular access to the lots.
There is demonstrable correlation between lot area and shape and topography, with respect to the provision of opportunity and incentive to produce optimum hillside development as defined above, and it is feasible to set forth reasonable regulations enumerating said correlation.
(Ord. 447 § 1.5, April 17, 1956; Ord. 999 § 6, November 15, 1982)
When any provision of the Subdivision Map Act or of this title requires the execution of any certificates or affidavit or the performance of any act by a person in his or her official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the City Council.
(Ord. 447 § 10, April 17, 1956)
If any section, subsection, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the title. The City Council of the City of Mill Valley, State of California, hereby declares that it would have passed this title and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 447 § 11, April 17, 1956)