This title is adopted to supplement the Subdivision Map Act, and may be cited as the "subdivision ordinance." No subdivision shall be created except in accordance with this title. Subdivided lands may be merged and resubdivided without reversion to acreage by complying with all of the applicable requirements for the subdivision of land as provided by the Subdivision Map Act and this title.
(Prior code § 16.04.010; Ord. 2860 § 1, 1975; Ord. 3782 § 1, 1984)
Words used herein that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in said Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section:
"Adjustment plat"
means a plat prepared pursuant to Chapter 16.36 of this title and certified by the city engineer as having been approved pursuant to this title and filed in the office of the city planning division.
"Bicycle"
means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.
"Bicycle route"
is the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled.
"Cable television lines"
means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals.
"Certificate of compliance"
means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and applicable city ordinances.
"City of El Cajon standards"
refers to those standards and specifications, including standard drawings, as may be adopted by resolution by the city council from time to time. These standards are to be on file in the office of the city clerk and the office of the city engineer.
"Final map"
means a map prepared pursuant to Chapter 16.20 of this title and the Subdivision Map Act which after approval and recordation is effective to complete the subdivision of a major subdivision.
"Improvement"
means:
1. 
Such street work and utilities, including ornamental street lights and walkways, to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, alleys, highways, ways, bicycle routes and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map;
2. 
Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of Title 7 of the Government Code.
"Interior lot"
means a lot which has side lot lines approximately parallel and has frontage on only one street.
"Lot"
means lot, parcel or tract of real property.
"Lot area"
means the horizontal area within the boundary lines of a lot exclusive of:
1. 
The area of any street right-of-way or road easement;
2. 
Any flood control easement or walkway which, as a condition of approval of the subdivision map on which the lot is shown, must be fenced; and
3. 
Any portion of the lot which is less than thirty-five feet wide for a distance of fifty feet or more and which is designated or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site.
"Major subdivision"
means a subdivision of five or more lots.
"Minor subdivision"
means a subdivision of four or fewer lots.
"Notice of violation"
means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which said real property has been divided, or has resulted from a division in violation of the Subdivision Map Act and/or city ordinances.
"Parcel map"
means a map prepared pursuant to Chapter 16.32 of this code and the Subdivision Map Act which, after approval and recordation, is effective to create a minor subdivision.
"Remainder parcel"
means the largest of four or fewer lots created by the division of an original lot or parcel, which largest lot contains a gross area equal to or greater than the sum of the areas of the other lot or lots created, but not less than forty acres.
"Street"
means a state highway, county or city road or street, public road, street, alley, or thoroughfare.
"Subdivision"
has the meaning ascribed to it in Section 66424 of the Subdivision Map Act, but shall not include the following:
1. 
The financing or leasing of apartments, offices, stores, or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobile home park, or trailer park;
2. 
Mineral, oil, or gas leases;
3. 
Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.
"Subdivision Map Act"
means the Subdivision Map Act as set forth in Division 2 of Title 7 of the Government Code of the state of California.
"Tentative map"
means a map prepared for the purpose of showing the design of a proposed major subdivision and filed with the planning commission precedent to the preparation and filing of a final map.
"Tentative parcel map"
means a map prepared for the purpose of showing the design of a proposed minor subdivision and filed with the city engineer for approval or conditional approval, precedent to the preparation and filing of a parcel map or precedent to waiver of the requirement for a parcel map.
"Through lot"
means a lot having frontage on two parallel or approximately parallel streets.
"Vesting tentative map"
means a tentative map and "vesting tentative parcel map" means a tentative parcel map, for a residential subdivision which conforms with the requirements of Chapter 16.18 of this code and confers upon the subdivider certain rights established by this title.
(Prior code § 16.04.020; Ord. 2860 § 1,, 1975; Ord. 3125 § 1, 1977; Ord. 3953 § 1, 1986)
No person shall create a subdivision except in accordance with the provisions of the Subdivision Map Act and this title.
(Prior code § 16.04.030; Ord. 2860 § 1, 1975)
Except as otherwise expressly provided in this title, all of the provisions of the Subdivision Map Act which apply to subdivisions as defined in that act, and all of the provisions of this title, apply to subdivisions as defined in this title.
(Prior code 16.04.040; Ord. 2860 § 1, 1975)
A. 
No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons, shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this title.
B. 
No parcel may be subdivided if it was illegally created, unless as part of the division the illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the parcel shall be recorded. In no event shall a substitution be permitted unless the entire legal parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned the property at the time of the illegal subdivision.
(Prior code § 16.04.050; Ord. 2860 § 1, 1975)
A. 
The planning commission is designated as the advisory agency, as that term is used in the Subdivision Map Act, for major subdivisions. The planning commission may prescribe, subject to the approval of the city council, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative maps required by the Subdivision Map Act or this title and the data to be furnished with such tentative maps.
B. 
The city engineer is designated as the advisory agency, as that term is used in the Subdivision Map Act, for minor subdivisions. The city engineer may prescribe, subject to the approval of the city council, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative parcel maps required by this title.
(Prior code § 16.04.060; Ord. 2860 § 1, 1975)
All subdivisions shall be subject to environmental review in accordance with the provisions of California law and applicable provisions of this code. In addition, every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to offsite property, as set forth in this code.
(Prior code § 16.04.070; Ord. 2860 § 1, 1975)
A. 
A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the appropriate official or body for every subdivision.
B. 
A preliminary soils report may be waived by the city engineer providing the city engineer finds that, due to the knowledge the city has as to the qualities of the soils in the subdivision, no preliminary analysis is necessary.
C. 
If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
D. 
The city council may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(Prior code § 16.04.080; Ord. 2860 § 1, 1975)
A. 
As a condition of approval of a final or parcel map, the subdivider shall reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, according to the procedural standards and formula contained in this section.
B. 
If a park, recreational facility, fire station, library or other public facility or use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element, or a public building element, the subdivider may be required to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C. 
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.
D. 
The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the taxes against such reserved area from the date of the reservation, and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred in any loan covering such reserved area.
E. 
If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(Prior code § 16.04.090; Ord. 2860 § 1, 1975)
A. 
Two or more contiguous parcels or units of land held by the same owner, which have not been created by a lawful lot split, parcel map, final subdivision map or record of survey, shall be merged for purposes of this title when both of the following conditions exist:
1. 
Any one of such parcels or units does not conform to standards for minimum parcel size to permit use or development under ordinances of the city; and
2. 
Any one of such parcels or units is not developed with a building for which a permit has been issued by the city, or which was built prior to the time such permits were required by the city.
B. 
The director of building and planning is directed to record the notice of merger, and provide the notice of intention, as provided by Section 66424.2 of the Subdivision Map Act.
(Ord. 1325, 1977; Ord. 3145 § 1, 1977)
An owner, subdivider, or agent offering to sell or lease subdivided lands shall supply to a prospective purchaser or lessee of the property a map showing the location of all freeways which are existing or have been adopted in the general plan of the jurisdiction in which the property is located.
The map shall be prepared and provided by the planning department. Said map shall be drawn to scale and shall include the area covering two statute miles surrounding the subdivision.
The map shall be posted in a conspicuous place at any office where sales or leases or offers to sell or lease lots within the subdivision are regularly made. A copy of the map shall be made available for examination by a prospective purchaser or lessee before execution of an offer to purchase or lease, and shall be given to each purchaser and lessee at the request of the purchaser or lessee.
(Ord. 4153 § 1, 1989)
The violation of any provision of this title is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 8, 1991)