DIVISION I. GENERAL PROVISIONS
Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.040 Compliance required.
17.02.060 Divisions of land within the open space reserve districts.
17.02.070 Divisions of land within the urban reserve districts.
17.02.080 Phasing of New Residential Development.
17.02.090 Prerequisite to grading and/or building permit issuance.
17.02.100 Prerequisite to maintenance.
17.02.110 Availability of sewer and water capacity to serve a subdivision pursuant to this title.
17.02.120 Commencement of construction work.
17.02.130 Final inspections of buildings or improvements.
17.02.140 Maintenance of improvements.
17.02.010 Purpose and intent.
This title serves the purpose of promoting the public health, safety, convenience and general welfare of the city by setting standards for the form and content of tentative, final and parcel maps; to adopt standards to regulate the division of land; and to establish procedures for the review of subdivision maps by the planning commission and city council.
The procedures to be followed in securing official approval of subdivision maps shall be governed by the provisions of the laws adopted by the legislature of the state of California and the additional provisions of this title. All divisions of land shall comply with the provisions of the city’s local coastal program, the general plan and its elements, and the municipal code. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.020 Applicability.
The provisions of this title shall apply to the following:
A. When any parcel of land within the city is to be divided into two or more separate lots or parcels; or
B. Where the lot lines between contiguous parcels are proposed to be adjusted; or
C. Where two or more parcels of land are proposed to be merged into a lesser number of parcels; or
D. Where a condominium, community apartment project, stock cooperative project, or other form of common interest project is proposed, including the conversion of existing units into condominium projects as defined in this title; or
E. Where a reversion to acreage is proposed. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.030 Advisory agency.
The city planning commission is designated as the advisory agency with respect to subdivisions as provided for in the subdivision map act. The planning commission shall have all the powers and duties with respect to tentative, and parcel maps, and the procedures relating thereto, which are specified by law and by this title, and shall review and approve any amendment to this title prior to adoption by the city council. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.040 Compliance required.
A. It is unlawful for any individual, firm, association, trust, syndicate, co-partnership, corporation, or any other legal entity, as a principal, agent, or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the city, unless and until all the requirements of this title have been complied with.
B. Any offer to finance, lease, sell or contract to sell, or any financing of a division of land, lease or sale contrary to the provisions of this title shall be a misdemeanor, and any person, firm, corporation, partnership or co-partnership, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the city or other political subdivision or person, firm, corporation, partnership or co-partnership may otherwise be entitled and the city or any other political subdivision, or person, firm, corporation, partnership or co-partnership may file an action in the Superior Court of the state of California, in and for the county of San Mateo to restrain or enjoin any attempted or proposed subdivision or sale in violation of this title.
C. Any transfer or conveyance, or purported transfer or conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this title shall be voidable at the option of the transferee in accordance with the provisions of Sections 11540 and 11540.1 of the Business and Professions Code of the state of California, as the same may be amended from time to time. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.050 Conformance with the local coastal plan, the general plan and its elements, and the zoning code required.
In all respects, any proposed division of land shall conform to the local coastal plan, the general plan and its elements, the zoning code, any specific plans, and all policies of the city, or any part thereof, including but not limited to the type, density, and intensity of use established for the site, any phasing requirements, and reservations of utility and infrastructure service capacities.
The land use plan, general plan, and zoning district designations shall be adhered to in any subdivision application unless applications for amendments thereto are processed concurrently with the subdivision application. In those cases where an amendment to the land use plan, general plan, and/or zoning district designation is processed concurrently with the subdivision application, the parcel map or final map for any division of land may not be recorded with the county recorder until the action on the proposed amendment to the land use plan, general plan, and zoning district designation is final as provided for in Title 18 and state law. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.060 Divisions of land within the open space reserve districts.
Any lands designated open space reserve by the local coastal plan, the general plan or any of its elements, and/or the zoning district map may not be subdivided for urban uses until all other land in the city designated for development on the land use plan map has been developed or is authorized for development, through a current, unexpired permit issued pursuant to the provisions of Title 18, of this code, and until amendments to the local coastal program land use plan map and zoning district map have been effectively certified. Divisions of land in the open space reserve district are permitted only when the use or uses proposed on the lands to be divided are permitted by the general plan and its elements, the land use plan, and Title 18, of this code. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.070 Divisions of land within the urban reserve districts.
Any lands designated urban reserve by the local coastal plan, the general plan or any of its elements, and/or on the zoning district map may not be subdivided for urban uses unless the city council makes specific findings that substantial development has occurred in areas designated for development on the land use plan map. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.080 Phasing of new residential development.
All new residential developments created by a subdivision approved in accordance with this title shall conform to any phasing requirements of this title and Title 18, of this code. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.090 Prerequisite to grading and/or building permit issuance.
Compliance with the provisions of this title is a condition precedent to the issuance of a grading and/or building permit by the city for the use, erection, construction, enlargement, alteration, repair, improvement, removal, conversion or demolition of any building or structure on any lot or parcel of land in the city. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.100 Prerequisite to maintenance.
Compliance with the provisions of this title is a condition precedent to city maintenance of streets of all subdivisions, the improvements of which have not been accepted, and from all areas offered for dedication to the public which have not been accepted, by the city council. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.110 Availability of sewer and water capacity to serve a subdivision pursuant to this title.
Prior to the approval of any parcel map, tentative map, or vesting tentative map pursuant to this title, proof of sewer and water capacity availability to meet the requirements of all of the proposed uses within the project area shall be submitted to the community development director. (Ord. C-2015-04 §1(part), 2015; Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.120 Commencement of construction work.
The subdivision improvement work shall not be commenced until after the final map is approved and recorded and not until after all improvement plans and profiles for such work have been submitted to and approved by the city engineer. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.130 Final inspections of buildings or improvements.
There shall be no final inspections until curb, gutter, sidewalk, driveway approach, base rock and underground utilities are in place and all required electroliers are installed and connected to electrical circuits from the subdivision entrance to and including the lot in question. Final inspection of all residential, commercial and industrial units shall be withheld until all underground utilities, curb and gutter, sidewalk, street lights, and required base rock are installed from an existing improved street to and including the frontage of the lot in question. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).
17.02.140 Maintenance of improvements.
The city shall not maintain any streets within any subdivision when the improvements for that subdivision have not been accepted, and from all areas dedicated to the public which have not been accepted, by the city council. (Ord. 4-96 §7(Exh. G)(part), 1996: Ord. 3-94 §1(part), 1994).