Chapter 13.90
ADMINISTRATION AND ENFORCEMENT
Sections:
13.90.010 Approval requirements.
13.90.020 Denial of final or tentative map when.
13.90.040 Correction and amendment of maps.
13.90.050 Certificate of compliance.
13.90.060 Reversion to acreage.
13.90.070 Merger of contiguous parcels under common ownership without reversion to acreage.
13.90.110 Conflict of provisions.
13.90.120 Permit of license in conflict with provisions prohibited.
13.90.130 Certain prohibited actions voidable.
13.90.140 Violation – Penalty.
13.90.010 Approval requirements.
(1) No tentative map, final map or parcel map shall be approved unless it meets the requirements of the Subdivision Map Act and this title; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. Disapproval of a map shall be accompanied by a finding, by the city council, identifying the requirements or conditions which have not been met or performed.
(2) The city council may waive the provisions of this section when the council determines that the failure of the map is the result of a technical and inadvertent error which does not materially affect the validity of the map. Such waiver and determination shall be included in the city council action to approve the map. [Ord. 410 § 3, 2017]
13.90.020 Denial of final or tentative map when.
(1) The planning commission and city council shall deny approval of a final or tentative subdivision map if it makes any of the following findings:
(a) That the proposed map is not consistent with applicable general and specific plans;
(b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
(c) That the site is not physically suitable for the type of development;
(d) That the site is not physically suitable for the proposed density of development;
(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
(f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
(g) That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subdivision shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;
(h) That the discharge of waste from the proposed subdivision into the city sewer system would result in violation, or add to a violation, of existing requirements prescribed by a California Regional Water Quality Control Board.
(2) The planning commission and city council shall not deny approval of a final subdivision map pursuant to subsection (1) of this section if it has previously approved a tentative map for the proposed subdivision and it finds that the final map is in substantial compliance with the previously approved tentative map. [Ord. 410 § 3, 2017]
13.90.030 Exceptions.
(1) The planning commission may recommend that the city council authorize conditions and exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petitions shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:
(a) That there are special circumstances or conditions affecting said property;
(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(c) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated.
(2) In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air, and the public health, safety convenience and general welfare.
(3) In recommending the authorization of any exception under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended on the conditions designated.
(4) Upon receipt of any such report the city council may by resolution authorize the planning commission to approve the tentative map with the exceptions and conditions the city council deems necessary to secure the objectives of this title. [Ord. 410 § 3, 2017]
13.90.040 Correction and amendment of maps.
After a final map or parcel map has been filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map. Such certificates or maps shall be processed in accordance with the requirements of the Subdivision Map Act. [Ord. 410 § 3, 2017]
13.90.050 Certificate of compliance.
A certificate of compliance for a specific parcel of land may be issued by the city engineer upon his finding that such parcel was established in compliance with all applicable provisions of the Subdivision Map Act and this code. A fee in an amount established by resolution of the city council shall be charged for each certificate of compliance. [Ord. 410 § 3, 2017]
13.90.060 Reversion to acreage.
Subdivided real property may be reverted to acreage in accordance with the requirements and procedures specified in the Subdivision Map Act. [Ord. 410 § 3, 2017]
13.90.070 Merger of contiguous parcels under common ownership without reversion to acreage.
Contiguous parcels under common ownership may be merged without reverting to acreage.
(1) An application for merger shall be in the same form as an application for a certificate of compliance, and shall include a preliminary title report and legal description of the property as a single merged parcel;
(2) An application for merger shall be approved by the city administrator/planner and/or his/her designee after review by other affected departments/divisions (prior to approval, all encumbrances, including bonded indebtedness, shall be modified to apply uniformly to the entire modified parcel, rather than to the portions of the modified parcel corresponding to the separate lots prior to the merger);
(3) All persons owning an interest in the real properties to be merged shall consent to the merger by executing an owner’s certificate consenting to merger;
(4) The city administrator/planner and/or his/her designee shall record a certificate of compliance, including the owner’s consent to merger, as set forth in this title, to evidence the merger of the properties. [Ord. 410 § 3, 2017]Ord. 410 § 3, 2017]
13.90.080 Appeals.
(1) Appeal may be made to the city council from any decision, determination or requirement of the planning commission or city in writing with the city clerk within 10 days after notice of such decision or determination or requirement is given. Such notice shall set forth in detail action and the grounds by and upon which the subdivider deems himself aggrieved.
(2) The city clerk shall report forthwith the filing of such notice to the planning commission and city engineer. A written report shall be submitted to the city council by the party whose decision, determination or requirement is upon appeal.
(3) The city council at its next regular meeting following the filing of said appeal shall set said appeal for hearing to be held within 10 days thereafter and such hearing may for good cause be continued by order of the city council. Upon the hearing of said appeal the city council may overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this title, and such disposition of the appeal shall be final. [Ord. 410 § 3, 2017]Ord. 410 § 3, 2017]
13.90.090 Misrepresentations.
The willful misrepresentation of any material fact with knowledge of its falsity or without reasonable cause to believe it to be true to any city officer, the planning commission, or the city council with the intent thereby to influence his or its official action herein shall be a violation of this title. [Ord. 410 § 3, 2017]
13.90.100 Violations.
Any person, firm or corporation violating any provisions of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $300.00 or by imprisonment not exceeding six months or by such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted by such persons, firms, or corporation and shall be punishable as herein provided. [Ord. 410 § 3, 2017]
13.90.110 Conflict of provisions.
Whenever conflict occurs between any provision of this title and any other provision of law, the more restrictive of such provisions shall prevail. [Ord. 410 § 3, 2017]
13.90.120 Permit of license in conflict with provisions prohibited.
All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title and shall not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. [Ord. 410 § 3, 2017]
13.90.130 Certain prohibited actions voidable.
Any deed of conveyance, sale or contract to sell, or assignment, allocation, division or grant of entities of usage made contrary to the provisions of this title is voidable to the extent and in the manner provided in Government Code Section 66499.32 of the state of California. [Ord. 410 § 3, 2017]
13.90.140 Violation – Penalty.
Any violation of this title shall constitute a misdemeanor and shall be punishable as set forth in BMC 1.20.010 by a fine not to exceed in an amount established by resolution of the city council or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each day a violation of this title continues shall be considered a separate offense. [Ord. 410 § 3, 2017]