This title shall be known and cited as the subdivision ordinance
of the city of Lemon Grove or as this title.
No person shall create a subdivision except in accordance with
the provisions of the Subdivision Map Act and this title.
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. This title shall be inapplicable
to:
A. 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;
B. Mineral,
oil or gas leases;
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 provision of
this title.
All tentative maps and tentative parcel maps shall be subject
to environmental review in accordance with rules and procedures adopted
by the city council pursuant to the Environmental Quality Act of 1970,
as amended. Consequently, decisions to approve, conditionally approve
or deny any tentative map or tentative parcel map shall be subject
to the following:
A. Tentative
Maps.
1. Negative
Declaration. Upon receipt of a negative declaration with respect to
any tentative map, the planning commission, or on appeal the city
council, may proceed to consider the tentative map without an environmental
impact report.
2. Environmental
Impact Report. With respect to any tentative map for which an environmental
impact report is required, the planning commission, or on appeal the
city council, shall consider such report as independent evidence in
determining whether to approve, conditionally approve or disapprove
the tentative map. In addition to any other discretion granted by
law, the planning commission, or on appeal, the city council, shall
have the authority to consider the adequacy of the environmental impact
report and refer it back to the planning director for preparation
of a supplementary report in any case in which such report is deemed
necessary for a decision on the tentative map. In cases where a proposal
has changed substantially since the time of initial review, such director
or commission or council may require a supplementary environmental
impact report.
B. Tentative
Parcel Maps.
1. Negative
Declaration. Upon receipt of a negative declaration with respect to
any tentative parcel map, the planning director, or on appeal, the
planning commission or city council, may proceed to consider the tentative
parcel map without an environmental impact report.
2. Environmental
Impact Report. With respect to any tentative parcel map for which
an environmental impact report is required, the planning director,
or on appeal, the planning commission or city council, shall consider
such report as independent evidence in determining whether to approve,
conditionally approve or disapprove the tentative parcel map. In addition
to any other discretion granted by law, the planning commission, or
on appeal, the city council, shall have the authority to consider
the adequacy of the environmental impact report and refer it back
to the planning director for preparation of a supplementary report
in any case in which such report is deemed necessary for a decision
on the tentative map. In cases where a proposal has changed substantially
since the time of initial review, such director or commission or council
may require a supplementary environmental impact report.
Whenever security is filed with the city council pursuant to
Section 66493 of the
Government Code to secure the payment of taxes
or special assessments collected as taxes which are a lien on the
property to be subdivided but not yet payable, the city clerk, upon
notification by the tax collector that the total amount of such taxes
or special assessments have been paid in full, may release the security.
Meaning.
Words used in this title 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 the Subdivision Map Act. Whenever
the following words are used in this title, they shall have the meaning
ascribed to them in this chapter.
Listing.
1.
"Adjustment plat"
means a plat prepared pursuant to Article III of Chapter
16.16 of this title and certified by the planning director as having been approved pursuant to this title and filed in the planning department.
2.
"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.
3.
"Bicycle route"
means the generic term for all facilities that explicitly
provide for bicycle travel by a course which is to be traveled.
4.
"Cable television lines"
means electronic cable, conduit, and any other appurtenances
thereto, which distribute television signals.
5.
"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 city ordinances
enacted pursuant thereto.
6.
"City standards"
means those standards and specifications, including standard
drawings, as may be adopted by resolution of the city council from
time to time. These standards are to be on file in the office of the
city clerk.
8.
"Filing date"
means the date on which a tentative map or tentative parcel
map receives a negative declaration or notice of completion from the
planning director. The time limits specified in the Subdivision Map
Act for reporting and acting on maps shall commence with the filing
date as defined above.
10.
"Improvement"
means:
a.
Such street work and utilities, including 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, highways, ways,
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.
b.
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 or
by a combination thereof, is necessary or convenient to ensure 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.
11.
a.
"Lease"
means and includes an oral, as well as a written lease, tenancy
at will, month-to-month or similar tenancy.
b.
This title shall not apply to the leasing of apartments, offices,
stores or similar space within an apartment building, industrial building,
commercial building, or trailer park, except as provided in subsection
12 of this section, nor shall this title apply to mineral, oil or
gas leases. Except in the case of subdivisions, as defined by Section
66424 of the Subdivision Map Act, the provisions of this title shall
not apply to short-term leases (terminable by either party on not
more than thirty days' notice in writing) of a portion of the operating
right-of-way of a railroad corporation, defined as such by Section
230 of the
Public Utilities Code.
12.
"Lease project"
means a development wherein two or more residential or commercial
buildings are constructed and maintained on a parcel of land and apartments,
offices, stores or similar space are leased within one or more of
the buildings, overall control of the land and buildings comprising
the project being retained by the lessor. The following shall not
be included when computing the number of buildings within a lease
project:
a.
Accessory or satellite buildings;
c.
Commercial buildings having a floor area of less than four hundred
square feet.
13.
"Lot"
means a lot, parcel or tract of real property.
14.
"Lot area"
means the horizontal areas within the boundary lines of a
lot exclusive of:
a.
The area of any street right-of-way or road easement;
b.
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
c.
Any portion of the lot which is less than thirty-five feet wide
for a distance of fifty feet or more and which is designed or used
to provide vehicular or pedestrian access to the part of such lot
which is designed for use as a building site.
17.
"Notice of violation"
means a document describing a unit or contiguous units of
real property, naming the owners thereof, and describing the manner
in which such real property has been divided, or has resulted from
a division, in violation of the Subdivision Map Act and city ordinances
enacted pursuant thereto.
18.
"Parcel map"
means a map prepared pursuant to Article 3 (commencing with
Section 66444), Chapter 2, Division 2, Title 7 of the
Government Code
(Subdivision Map Act).
20.
"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.
21.
"Street"
means all highways, streets, roads, and alleys both public
and private, as well as public and private easements for ingress and
egress.
22.
"Subdivider"
means a person, firm, corporation, partnership or association
who proposes to divide, divides or causes to be divided real property
into a subdivision for himself or for others except that employees
and consultants of such persons or entities, acting in such capacity
are not subdividers.
23.
"Subdivision"
means the division, by any subdivider, of any unit or units
improved or unimproved land, or any portion thereof, shown on the
latest equalized county assessment roll as a unit or as contiguous
units, for the purposes of sale, lease or financing, whether immediate
or future, except for leases of agricultural land for agricultural
purposes. Property shall be considered as contiguous units, even if
separated by roads, streets, utility easements or railroad rights-of-way.
"Freeway," as defined in Section 23.5 of the Streets and Highways
Code, shall not be considered as roads or streets for the purpose
of interpreting this section. Subdivision includes a condominium project,
as defined in Section 1350 of the
Civil Code, a community apartment
project, as defined in Section 11004 of the Business and Professions
Code, or the conversion of five or more existing dwelling units to
a stock cooperative, as defined in Section 11003.2 of the Business
and Professions Code. As used in this section, "agricultural purposes"
means the cultivation of food or fiber or the grazing or pasturing
of livestock.
25.
"Tentative map"
means a map made for the purpose of showing the design and
improvement of a proposed subdivision and the existing conditions
in and around it and need not be based upon an accurate or detailed
final survey of the property.
26.
"Tentative parcel map"
means a map prepared for the purpose of showing the design
and improvement of a proposed minor subdivision.
27.
"Through lot"
means a lot having frontage on two parallel or nearly parallel
streets.
28.
"Vesting tentative map"
means a tentative map for a subdivision which conforms with
all applicable requirements of the State Subdivision Map Act and the
city subdivision ordinance, and confers upon the subdivider certain
rights established by the city subdivision ordinance.