Chapter 24.04
GENERAL PROVISIONS
Sections:
24.04.010 Purpose and citation.
24.04.020 Report of conformity to general plan – Exceptions.
24.04.045 Defense and indemnification.
24.04.050 City-initiated mergers.
24.04.010 Purpose and citation.
This title is adopted to supplement and implement the Subdivision Map Act (Government Code Section 55410 et seq.) and may be cited as the “subdivision ordinance of the city of Pacific Grove.” It is the purpose of this title to promote the public health, safety, convenience, and general welfare by establishing standards and procedures for the subdivision of land and resulting development on account thereof, in a manner consistent with the general plan and any specific plan adopted pursuant to Section 65450, and following, of the Government Code. Each subdivision and the map thereof shall be in conformity with the provisions of this title and the Subdivision Map Act, and all zoning ordinances of the city. In the event of a conflict between the provisions of this title and a mandatory provision of the Subdivision Map Act, the Subdivision Map Act shall prevail.
Any subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with this chapter. In general, the procedure for subdivision requires the approval of a parcel map (for four or fewer parcels) or a tentative and final map (for five or more parcels) to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the adopted city standards, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder. [Ord. 19-014 § 5, 2019; Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.01.010].
24.04.020 Report of conformity to general plan – Exceptions.
(a) A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.
(b) Such report is not required for a proposed subdivision which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects; provided, that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening or alignment projects is of a minor nature. [Ord. 19-014 § 5, 2019; Ord. 09-005 § 37, 2009; Ord. 879 N.S. § 4, 1976. Formerly 24.01.020].
24.04.030 Definitions.
Whenever any words or phrases are used in this title but are not defined, they shall have the definition and meaning as provided in the Subdivision Map Act. The following words and phrases shall have the meanings respectively ascribed to them:
“Subdivider” means a person, firm, corporation, partnership, or associate who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others.
“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(f) of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels.
“Subdivision Map Act” shall mean the provisions of Division 2 (commencing with Section 66410) of Title 7 of the California Government Code and such amendments and additions thereto as may be made from time to time by the California Legislature.
The planning commission shall constitute the review authority for all tentative maps, and the zoning administrator shall constitute the review authority for all parcel maps. [Ord. 19-014 § 5, 2019; Ord. 11-001 § 8, 2011; Ord. 09-005 § 37, 2009; Ord. 1758 N.S. § 1, 1990; Ord. 1253 N.S. § 2, 1981; Ord. 938 N.S. §§ 1, 2, 1977; Ord. 879 N.S. § 4, 1976. Formerly 24.01.030].
24.04.040 Water availability.
Repealed by Ord. 19-014. [Ord. 09-005 § 37, 2009; Ord. 97-24 § 1, 1997. Formerly 24.01.040].
24.04.045 Defense and indemnification.
Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative, parcel or final map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attack, set aside, void or annul an approval of the planning director, planning commission, or city council concerning a subdivision brought within the time provided for in Government Code Section 66499.37. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. [Ord. 19-014 § 5, 2019].
24.04.050 City-initiated mergers.
(a) The zoning administrator may cause the merger of two or more contiguous parcels held by the same owner(s) if the conditions specified in Subdivision Map Act Section 66451.11 are found to be in evidence. The city shall utilize the procedures set forth, commencing with Subdivision Map Act Section 66451.12 and ending with Section 66451.19, in processing actions to merge such parcels.
(b) The zoning administrator reserves the right to make determinations of nonmerger as specified in Subdivision Map Act Section 66451.16.
(c) The zoning administrator’s determinations may be appealed to the planning commission in accord with Chapter 23.74 PGMC. [Ord. 19-014 § 5, 2019].