A. 
Subdivision Regulations. The provisions of this title shall be known as "the subdivision regulations of the city of Benicia" (Government Code Section 66410 et seq.).
B. 
Government Code References. Statutory references throughout this title are to the California Government Code ("Government Code"), unless stated otherwise.
(Ord. 25-01 § 1)
For the purposes of this title, unless otherwise apparent from context, certain words and phrases shall have the meanings defined in this chapter and as set forth below. All definitions provided in BMC Title 1 (General Provisions) and all definitions provided in the Map Act shall also be applicable to this title and said definitions are incorporated by this reference as though fully set forth herein.
A. 
"Acreage"
means any parcel of land which is not a lot, as defined in this section, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.
B. 
"Benicia general plan" or "general plan"
means the general plan of the city.
C. 
"Building official"
means the building official of the city pursuant to Chapter 1 of the California Building Code, Title 24 of the California Code of Regulations.
D. 
"City attorney"
means the city attorney of the city of Benicia or their designee.
E. 
"City engineer"
means the city engineer of the city pursuant to Government Code Section 66416.5 of the Map Act.
F. 
"Certificate of compliance"
means a certificate prepared and recorded by the city which indicates that the division of certain real property complies with applicable provisions of this title and the Map Act in cases where there is no adequate public record that a parcel of land was legally created. A recorded certificate of compliance completes the public record that the parcel is recognized as a separate legal parcel.
G. 
"Community apartment project"
shall be defined as provided in Section 11004 of the Business and Professions Code.
H. 
"Common interest subdivision"
includes subdivided land which includes a separate interest in real property combined with an interest in common with others. Common interest subdivisions include community apartments, condominium projects, planned developments and stock cooperatives consistent with the Davis-Stirling Common Interest Development Act.
I. 
"Condominium"
means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in airspace in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property as defined in Section 4125 of the California Civil Code.
J. 
"Conversion"
means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.
K. 
"Covenants, conditions and restrictions (CC&Rs)"
means a legal document that is filed with the county recorder and made an official part of the real estate records that runs with the land. The CC&Rs provide the power and legal authority to form an owners' association and administer and enforce rules on a group of homes or condominium complex.
L. 
"Day"
means calendar day unless otherwise specified. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.
M. 
"Dedication"
means the transfer of land by its owner to public ownership, to be used for public purpose.
N. 
"Department"
means the development services department of the city.
O. 
"Design"
means (1) street alignment, grades and widths; (2) drainage and sanitary facilities and utilities; (3) location and size of all required easements and rights-of-way; (4) fire roads and fire breaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to consistency with, or implementation of, the general plan or any applicable specific plan as required pursuant to Government Code Section 66473.5. (Government Code Section 66418)
P. 
"Designated remainder parcel"
means that portion of a parent parcel which is not created for purposes of sale, lease or financing, including any portion of a parent parcel that is an "omitted parcel" within the meaning of Government Code Section 66424.6 of the Map Act. Except as otherwise provided in this chapter, a designated remainder parcel is a lot for all purposes of this title. For any subdivision there shall be only one designated remainder parcel. The designated remainder parcel shall conform to the minimum size requirements applicable to the current zoning on the property.
Q. 
"Development"
means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto. (Government Code Section 66418.1)
R. 
"Director"
means the director of the development services department of the city or their designee.
S. 
"Discretionary"
means any decision issued by the city for a project that requires the exercise of judgment or deliberation wherein the city decides to either approve or disapprove a particular activity in accordance with applicable laws and policies, including but not limited to parcel maps, tentative maps, or reversions to acreage, and excluding minor changes to previously granted approvals.
T. 
"Easement"
means an easement dedicated to the city, which shall be continuing and irrevocable unless formally abandoned by the city, and any other easement whether owned by a public entity, public utility, or private party.
U. 
"Final map"
means a map showing a tentative map of five or more lots, prepared in accordance with the provisions of the Map Act and this title.
V. 
"Frontage"
means a street abutting a lot.
W. 
"Frontage street"
means a street whose right-of-way is contiguous to the exterior boundary of a subdivision.
X. 
"Improvements"
refers to street work, sidewalks, curbs, gutters, driveways, storm drainage facilities, water mains, sanitary sewers and facilities, public utilities, landscaping and fences to be installed by the subdivider on the land to be used for public rights-of-way, private streets and easements, and any other improvements as defined by Government Code Section 66419 of the Map Act. (Government Code Section 66419)
Y. 
"Licensed land surveyor"
means a professional who is licensed by the state of California to practice land surveying, or a registered civil engineer authorized to practice land surveying.
Z. 
"Lot"
means a parcel or portion of land separate from other parcels or portions by description, as on a subdivision map or parcel map, or by such other recorded document approved by the city under the provisions of the Map Act and of city ordinances in effect at the time of such approval and recorded by the county for the purpose of sale, lease, or financing. The words "lot" and "parcel" may be used interchangeably herein.
AA. 
"Lot line adjustment"
means an adjustment of the boundary between four or fewer adjacent legal lots where the land taken from one lot is added to an adjacent lot, and where a greater number of lots than originally existed is not thereby created.
BB. 
"Map"
means a document drawn to scale, prepared by a licensed land surveyor, showing the division of a parcel of land. A map provides a graphical representation of a legal description. A map provides a description of pieces of real property, lot, street, and block number. A map shows the land subdivided into lots showing the location and boundaries of individual parcels with streets, alleys, and easements. A map shall be based upon a field survey. Boundary location and determination is the practice of land surveying according to Section 8726 of the California Business and Professions Code and, as such, maps must include the signature and seal of a licensed land surveyor pursuant to Section 8761(d) of the California Business and Professions Code. Boundaries shown on maps that are not previously shown on another subdivision map, record of survey or official recorded map must have a record of survey filed pursuant to Section 8762 of the California Business and Professions Code. Maps, as part of a conveyance document, shall be accompanied by a written legal description.
CC. 
"Merger"
means the joining of two or more contiguous parcels of land under one ownership into one parcel.
DD. 
"Ministerial action"
means a decision issued by the city for a project that involves the application of fixed and objective standards or criteria, wherein the city does not have authority to exercise discretion over the action.
EE. 
"Monument" (also referred to as "survey monument") means a durable, permanent marker set by a licensed land surveyor to mark or reference a point on a property or land line which is permanently marked or tagged with the certificate number of the licensed land surveyor setting it pursuant to Sections 8771 and 8772 of the California Business and Professions Code.
FF. 
"Objective planning and design standards"
means the objective planning and design standards of the city, inclusive of the standards of BMC § 17.90.070 and the city's objective zoning standards, objective subdivision standards and objective design review standards as those terms are defined in the Government Code.
GG. 
"Parcel map"
means a map showing a subdivision of four or fewer lots, prepared in accordance with the provisions of the Map Act and this title.
HH. 
"Plat"
means a document drawn to scale, prepared by a licensed land surveyor, providing a graphical representation of a legal description. Plats shall accompany a legal description and are recorded as a part of a deed or other conveyance document. Boundary location and determination is the practice of land surveying according to Section 8726 of the California Business and Professions Code and, as such, plats shall include the signature and seal of the licensed land surveyor preparing the plat pursuant to Section 8761(d) of the California Business and Professions Code.
II. 
"Private street"
means any street, accessway, or the like, lying in whole or in part within a subdivision which is privately held and maintained, and which is utilized as access to a development.
JJ. 
"Reservation"
means a portion of the acreage of a subdivision that is reserved for public use; not applicable to alley widening or widening of abutting streets which are not designated as highways.
KK. 
"Review authority"
means the body or official having the authority designated by local ordinance to approve, conditionally approve, or disapprove applications pursuant to this title.
LL. 
"Right-of-way"
means land dedicated to the city for use as a street, parkway, alley, utility corridor, walkway, promenade, or bikeway, and the surfaces thereof.
MM. 
"Standard engineering specifications"
means standard specifications for public improvements prepared by the city engineer and adopted by the city council pursuant to BMC Title 15 (Buildings and Construction), including but not limited to engineering design standards, erosion and sediment control standards, storm water management standards and standard plans.
NN. 
"Stock cooperative"
shall be defined as provided in Section 11003.2 of the state Business and Professions Code formed or utilized primarily for the purpose of holding title to improve real property in which all or substantially all shareholders have a right of exclusive occupancy of a portion of the real property, which right is transferable only with the transfer of shares of stock in the corporation.
OO. 
"Street"
means a way for vehicular traffic, whether designated as a street, highway, road, avenue, boulevard, lane, place, way, or other name. "Street" does not include a path or alley. Unless otherwise indicated, the term "street" shall refer to both public and private streets. Public streets are forms of right-of-way.
PP. 
"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 oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." (Government Code Section 66423)
QQ. 
"Subdivision"
means the division, by any subdivider, of any unit or units of 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 purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. This definition shall specifically include condominiums, community apartment projects, stock cooperatives, and conversions. (Government Code Section 66424)
RR. 
"State Subdivision Map Act" or "Map Act"
means the provisions of Division 2, Subdivisions, of the California Government Code, commencing with Government Code Section 66410.
SS. 
"Tentative map"
means a map for the purpose of showing the design and improvements 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. (Government Code Section 66424.5(a))
TT. 
"Townhouse" or "townhome"
means a one-family dwelling unit in a row of such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common and fire-resistant walls.
UU. 
"Urban lot split"
means a subdivision of an existing legal parcel in a single-family residential zone, pursuant to Government Code Section 66411.7, to create no more than two new parcels of approximately equal lot area.
VV. 
"Vesting tentative map"
means a tentative map of which the map approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting map application was deemed complete per Government Code Section 65493. (Government Code Section 66424.5(b))
WW. 
"Working day"
means a day that the city administrative offices are open to the public, and specifically excludes weekends, city-designated holidays, and posted closure dates.
(Ord. 25-01 § 1; Ord. 25-09 §§ 3, 4; Ord. 25-12 § 12)
A. 
Purpose. The purpose of this title is to:
1. 
Regulate and control the division of land within the city and the form and content of all required maps, and the procedure to be followed in securing the official approval of the city regarding the maps;
2. 
Implement the Benicia general plan ("general plan") and any applicable specific plan;
3. 
Preserve the public health, safety, and general welfare;
4. 
Promote orderly growth and development;
5. 
Promote open space, conservation, protection, and proper use of land; and
6. 
Ensure provision for adequate traffic circulation, utilities and services.
B. 
Intent.
1. 
Supplement and Implement the State Subdivision Map Act. The provisions of this title are intended to supplement, implement, and work with the state Subdivision Map Act, referred to in this title as the Map Act, as specified in Government Code Section 66410 et seq., for the purpose of regulating the design and improvement of divisions of land within the city, and as those sections currently exist or may hereinafter be replaced or amended from time to time.
2. 
Used in Conjunction With the Map Act. This title is not intended to replace the Map Act but is expected to be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.
(Ord. 25-01 § 1)
This title is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this title shall, nevertheless, apply to all subdivision maps and proceedings under this title.
(Ord. 25-01 § 1)
A. 
Applicability of Title. This title shall apply to all subdivisions within the city of Benicia, the preparation of subdivision maps, and to other maps and survey records provided for by the Map Act, except those exceptions granted by the Map Act and specified in subsections (C) (Exceptions) and (D) (Exception for Lot Line Adjustments) of this section.
B. 
In the event of divisions of land which are not subject to this title and/or the Map Act, a certificate of compliance shall be required, pursuant to BMC § 16.40.020 (Certificates of compliance).
C. 
Exceptions. This title shall not apply to the following:
1. 
The financing or leasing of apartments, offices, stores, or similar spaces within apartment, commercial, or industrial structures, mobile home parks, or trailer parks (Government Code Section 66412(a));
2. 
Gas, mineral, or oil leases (Government Code Section 66412(b));
3. 
Land dedicated for cemetery purposes in compliance with the Health and Safety Code (Section 66412(c));
4. 
Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party (Government Code Section 66412(e));
5. 
Any separate assessment in compliance with State Revenue and Taxation Code Section 2188.7 (Government Code Section 66412(f));
6. 
The conversion of a community apartment project or a stock cooperative to a condominium subject to the requirements of Government Code Sections 66412(g) and 66412(h), respectively;
7. 
The leasing of or the granting of an easement to a parcel of land or any portion(s) of the land, in conjunction with the erection, financing, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city (Government Code Section 66412(i));
8. 
The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit pursuant to BMC Title 17 (Zoning), or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the city (Government Code Section 66412(j));
9. 
Leasing of agricultural land for agricultural purposes pursuant to Chapter 17.36 BMC (OS Open Space District), meaning the cultivation of food or fiber, and grazing or pasturing of livestock (Government Code Section 66412(k));
10. 
The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to other discretionary action by the advisory agency or legislative body (Government Code Section 66412(l));
11. 
The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body (Government Code Section 66412(m));
12. 
The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of an electrical energy storage system (as defined in Section 2835 of the Public Utilities Code) on the land, if the project is subject to discretionary action by the city (Government Code Section 66412(n));
13. 
The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a hydrogen fueling station or an electric vehicle charging station, if the project is subject to discretionary action by the advisory agency or legislative body. For purposes of this subdivision, "hydrogen fueling station" and "electric vehicle charging station" have the same meanings as defined in Government Code Section 65850.7 (Government Code Section 66412(o));
14. 
The financing or leasing of any parcel of land, or any portion of the land, in conjunction with the construction of commercial or industrial structures on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvements (Government Code Section 66412.1(a));
15. 
The financing or leasing of existing separate commercial or industrial structures on a single parcel (Government Code Section 66412.1(b));
16. 
The construction, financing, or leasing of a second dwelling unit under Government Code Section 65852.1 or accessory dwelling unit under Government Code Section 66314 et seq. (Government Code Section 66412.2);
17. 
The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code Section 230) which is created by a short-term lease (terminable by either party on not more than 30 days' notice in writing) (Government Code Section 66428(a)(1));
18. 
Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a determination is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license. (Government Code Sections 66426.5 and 66428(a)(2))
D. 
Exception for Lot Line Adjustments. This chapter does not apply to a lot line adjustment; provided (Government Code Section 66412(d)):
1. 
No additional parcels are created, and the adjustment is limited to four or fewer existing adjoining parcels;
2. 
The resulting parcels comply with this municipal code and the general plan. A map is required to determine compliance with these requirements;
3. 
The resulting parcels do not interfere with existing easements, infrastructure, or utilities;
4. 
All real property taxes have been prepaid;
5. 
The adjustment is approved by the department in compliance with BMC § 16.40.030 (Lot line adjustment);
6. 
The owner prepares the required legal descriptions and plats. However, if a record of survey is required under Business and Professions Code Section 8762, the owner shall prepare a record of survey; and
7. 
The city approves the certificate of compliance, legal descriptions and plats, and the county recorder records these documents.
E. 
Consistency.
1. 
No land may be subdivided or developed for a purpose which is inconsistent with the general plan, any applicable specific plan, this title, or other applicable provisions of the municipal code, except as otherwise required by state law. (Government Code Section 66474)
2. 
The type and intensity of land use as shown in the general plan and any applicable specific plan shall determine, together with the requirements of this municipal code, the type of highways, roads, streets, utilities, and other public improvements and services that shall be provided by the subdivider.
3. 
The city shall not approve any subdivision of land without clear establishment that the subdivision and the construction of required public improvements will be phased and timed such that the development will be fully supported by public facilities and services, and that appropriate measures will be taken and maintained in place to mitigate all adverse environmental impacts. Adequacy of public facilities and services shall be determined by the city in compliance with:
a. 
The planned long-term buildout of the community as provided in approved capital improvement programs in which facilities are truly available and/or funded; and
b. 
The general plan elements in effect at the time of considering the application.
F. 
Conflicts With the Map Act. In the event of any conflicts between the provisions of this title and the Map Act, the Map Act shall apply.
(Ord. 25-01 § 1)
A. 
Authority. If any uncertainty exists regarding the interpretation of any provision of this title or the application of this title to a specific parcel or site, the development services director shall solely determine the intent of the provision as it pertains to that specific parcel or site. The director shall keep a record of interpretations made in compliance with this section, which shall be available for public review.
B. 
Appeals. The director's interpretation may be appealed as provided in Chapter 1.44 BMC (Appeals).
(Ord. 25-01 § 1; Ord. 25-09 § 4)
An application filed pursuant to this title ("subdivision application") shall be initiated by submitting an application, authorized by the property owner or authorized agent, accompanied by a fee established by city council resolution, and such plans and documentation as shall be prescribed by the director or city engineer according to the applicable provisions of this title.
The form and submittal standards for subdivision applications shall be specified in checklists and standards posted by the director or city engineer on the city's website and/or available at the city's administrative offices.
(Ord. 25-01 § 1)
A. 
Fees Required. Any application for a procedure authorized by this title shall be accompanied by a deposit and/or fees established by resolution of the city council.
B. 
Purpose of Fees. Such fees are imposed for the purpose of reimbursing the city for costs incurred in investigating and acting upon an application and for administering the provisions of this title relating to the application. The city shall not refund fees for a denied application.
C. 
In the case of an application withdrawal, the development services director may authorize a partial refund of a deposit based upon the prorated costs incurred by the city to date and the status of the application at the time of withdrawal.
D. 
Flat fees submitted in conjunction with an application shall be nonrefundable.
(Ord. 25-01 § 1; Ord. 25-09 § 4)
Any document (e.g., map, plat, agreement, or other) that is required by a provision of this title to be recorded in the office of the county recorder may be submitted directly by the city as specified in this title, or the city may authorize a licensed title agent to file the document for recording. In either case, any fee or expense for said recording shall be the sole responsibility of the subdivider.
(Ord. 25-01 § 1)
A. 
An applicant may, in writing, withdraw an application at any time during the processing of said application.
B. 
The development services director may deem an application withdrawn if an applicant has been notified in writing that a required fee or additional information is required to continue processing the application and there is no submittal of the required fee or additional or revised information to complete the application for a period of 180 days, unless the development services director determines there is good reason to grant a further extension to provide the needed information.
(Ord. 25-01 § 1; Ord. 25-09 § 4)
A. 
Prohibition.
1. 
Sale, Lease, or Financing.
a. 
No person or entity shall sell, lease, or finance any parcel of real property or begin construction of a structure for sale, lease or financing on any parcel (except for model homes) or allow any occupancy of any structure, for which a final or parcel map is required by the Map Act or this title, until the map complies with the Map Act and this title and has been successfully recorded with the county recorder. (Government Code Section 66499.30)
b. 
This section does not prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing or the beginning of construction is expressly conditioned upon the approval and recordation of a final map or parcel map.
2. 
Conveyance of Real Property. The conveyance of any portion of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter, or other designation until the required map is recorded with the county recorder.
3. 
Exemption. This section does not apply to a parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
B. 
Penalty for Violation.
1. 
Applicability of Imprisonment and/or Fine. A violation of this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000, or by both that fine and imprisonment.
2. 
Misdemeanors. Every other violation of this title is a misdemeanor. (Government Code Section 66499.31)
3. 
Remedies.
a. 
Conveyance Voidable.
i. 
When Voidable. A deed of conveyance, sale, or contract to sell real property which has been divided or which results from a division in violation of the Map Act or this title is voidable at the sole option of the grantee, buyer, or person contracting to purchase, or the heirs, personal representative, or trustee in insolvency or bankruptcy within 12 months after the date of discovery of the violation.
ii. 
When Binding. However, the deed of conveyance, sale, or contract to sell is binding upon a successor(s)-in-interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir, or devisee. (Government Code Section 66499.32)
b. 
Other Legal Action.
i. 
This title does not bar any legal, equitable, or summary remedy to which the city or other public agency, or any person may otherwise be entitled.
ii. 
The city or other public agency or person may file a suit in the superior court to restrain or enjoin an attempted or proposed subdivision or sale, lease, or financing in violation of the Map Act or this title. (Government Code Section 66499.33)
c. 
Denial of Permits and Approvals.
i. 
The city shall not issue any permit or grant any approval necessary to develop real property which has been divided or which has resulted from a division in violation of the Map Act or this title if the city first finds that development of the property is contrary to the public health or safety.
ii. 
The city's authority to issue or deny any permit applies whether the applicant was the owner of record at the time of the violation or whether the applicant is either the current owner of record or a vendee of the current owner with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in the property. (Government Code Section 66499.34)
d. 
Permit or Approval Subject to Conditions.
i. 
If the city issues a permit or grants approval for the development of any real property illegally subdivided, the city may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property.
ii. 
If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property.
iii. 
If a conditional certificate of compliance has been filed for record in compliance with BMC § 16.40.020 (Certificates of compliance), only the conditions stipulated in that certificate are applicable. (Government Code Section 66499.34)
C. 
Notice of Violation.
1. 
Notice of Intention to Record Notice of Violation.
a. 
When determined that real property has been divided in violation of the Map Act or this title, the director shall provide the then-current owner, by mail or certified mail, a notice of intention to record a notice of violation.
b. 
The notice shall describe the property in detail, name the owner(s), describe the violation, why the subject parcel is not lawful under Government Code Section 66412.6(a) or (b) and state that the owner will be given the opportunity to present evidence.
c. 
The notice shall specify the date, time, and place of a planning commission meeting at which the owner(s) may present evidence to the city why a notice of violation should not be recorded. (Section 66499.36)
2. 
Commission Meeting. The planning commission meeting shall be held no sooner than 30 days and no later than 60 days from that date of mailing of the notice of intention to record a notice of violation.
3. 
Clearance If No Violation. If, after the owner has presented evidence, the planning commission determines that there has been no violation, the development services director shall mail a clearance letter to the then-current owner(s) of record.
4. 
Recording Notice of Violation. The city shall record the notice of violation with the county recorder if:
a. 
Within 15 days of receipt of the notice, the owner(s) fails to file with the development services department a written objection to recording the notice of violation; or
b. 
After the owner(s) has presented evidence, the planning commission determines that the property has in fact been illegally divided.
5. 
Effect of Recording. The notice of violation, when recorded, is constructive notice of the violation to all successors-in-interest in the subject property.
(Ord. 25-01 § 1; Ord. 25-09 §§ 3, 4)