Chapter 17.04 GENERAL PROVISIONS

Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010 Citation and authority.

The council assumes control, where not otherwise delegated, of all divisions of land and reversions to acreage as such power is vested in the city by the provisions of Sections 66410 through 66499.58, inclusive, of Divisions 2 and 3 of Title 7 of the Government Code of the state and amendments thereto (referred to in this chapter as the Subdivision Map Act) or as otherwise established and set forth in this chapter.

The chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the “subdivision law of the city.”

The planning and environmental quality commission is made the advisory agency of the city as such advisory agency is defined and established by the Subdivision Map Act, and the authority is delegated to the advisory agency to investigate any and all matters pertaining to, and to recommend or, where set forth, act upon, the approval, conditional approval, or disapproval of all proposed divisions of land or reversions to acreage and to communicate its findings and recommendations to the council. (Prior code § 10-2.01)

17.04.020 Definitions.

For the purposes of this title, certain words and phrases shall have the following meanings:

“Advisory agency,” “appeal board,” “county surveyor,” “design,” “improvement,” “local agency,” “street” and “subdivider,” as contained in Sections 66414 through 66424, inclusive, of the Subdivision Map Act, are adopted as the definitions and meanings of each and all of such words and phrases whenever the same appear in this title.

“Arterial street” means any primary thoroughfare which principally carries regional traffic flow and which is shown as such on the Circulation and Scenic Highway Element of the General Plan of the city.

“Collector street” means any secondary thoroughfare which principally carries traffic flow to and between arterial streets and other collector streets and which is shown as such on the Circulation and Scenic Highway Element of the General Plan of the city.

“Final map” means the map prepared for recordation for a division of land or reversion to acreage as required by the Subdivision Map Act and this chapter.

“General Plan” means the General Plan of the city.

“Local street” means any street other than an arterial street or collector street and which is shown as such on the Circulation and Scenic Highway Element of the General Plan of the city.

“Lot line adjustment” means the relocation of the boundary or boundaries between two or more adjoining parcels of land and which does not create any additional parcels of land.

“Parcel map” means the map prepared for recordation for a division of land or reversion to acreage as required by the Subdivision Map Act and this chapter.

“Reversion to acreage” means the process in which subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this chapter.

“Reversion to acreage map” means a parcel map, where land has been previously subdivided and consists of four or less contiguous parcels, or a final map for all other reversions to acreage.

“Subdivision” means the division of any improved or unimproved land, 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. “Subdivision” includes a condominium project, as defined in Section 1351 of the Civil Code of the state, or a community apartment project, as defined in Section 11004 of the Business and Professions Code of the state. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for the purposes of computing the number of parcels.

“Tentative map” means the map made for the purpose of showing the design of a proposed division of land or reversion of acreage and the existing conditions in and around it. A tentative map shall be required for both parcel and final maps, including reversion to acreage maps. (Prior code § 10-2.04)

17.04.030 Compliance required.

No person, firm, or corporation shall sell, lease, finance or transfer title to any parcel of land, or fraction thereof, or offer to do so, or contract to do so, without first conforming with the provisions of this chapter, the Subdivision Map Act, and any other provision or requirement set forth and established of record by the council.

Any violation of the provisions of this chapter, the Subdivision Map Act, or any other such provisions or requirements shall be a misdemeanor and each such violation shall be deemed a separate offense.

Notices of violations may be filed by any city official having knowledge that real property has been divided in violation of the Subdivision Map Act and/or of this chapter. Such city official shall cause such notice of violation to be filed for record with the county recorder’s office and a copy to be sent to the secretary of the planning and environmental quality commission. Such notice of violation shall contain (1) a description of the real property in detail; (2) the names of the owners; and (3) a description of the violation and, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Prior code § 10-2.02)