Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.050 Exceptions – Lot line adjustment.
17.04.060 Exception – Parcel map waiver.
17.04.010 Title.
This title shall be known and cited as the “subdivision ordinance” of the city. (Government Code Section 66410.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.020 Purpose.
The purpose of this title and any rules, regulations and specifications adopted under it is (A) to regulate and control the division of land within the city, and (B) to supplement the State Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, 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. The regulations in this title are necessary to implement the city’s general plan and to preserve the public health, safety and general welfare. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.030 Application/scope.
The regulations in this title apply to the subdivision of land within the city limits and to all unincorporated lands that are proposed to be annexed to the city as a part of or subsequent to a pre-zoning action and to the preparation, approval, and filing of subdivision maps. The provisions of this title shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements or limits. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.040 Exceptions.
This title does not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; (Government Code Section 66412(a).)
B. Mineral, oil or gas leases; (Government Code Section 66412(b).)
C. Land dedicated for cemetery purposes under the California Health and Safety Code; (Government Code Section 66412(c).)
D. A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater or lesser number of parcels than originally existed is not thereby created; provided, that the lot line adjustment is approved by the city under PMC 17.04.050; (Government Code Section 66412(d).)
E. 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).)
F. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code; (Government Code Section 66412(f).)
G. The conversion of a community apartment project or a stock cooperative to a condominium, subject to the requirements of Section 66412(g) and 66412(h) of the Subdivision Map Act; (Government Code Section 66412(g) and (h).)
H. 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 wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city; (Government Code Section 66412(i).)
I. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings 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).)
J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel; (Government Code Section 66412.1(b).)
K. The construction, financing or leasing of a second dwelling unit under Government Code Sections 65852.1 and 65852.2; but this title shall apply to the sale or ownership transfer of such a unit; (Government Code Section 66412.2.)
L. Leasing of agricultural land for agricultural purposes (the cultivation of food or fiber, and grazing or pasturing of livestock); (Government Code Section 66412.1(k).)
M. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet; (Government Code Section 66412.5.)
N. 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.)
O. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. (Government Code Sections 66428, 66426.5.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.050 Exceptions – Lot line adjustment.
A lot line adjustment is a shift or rotation of an existing lot line between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created. (Government Code Section 66412(d).)
This title does not apply to a lot line adjustment, provided:
A. No additional parcels are created;
B. The resulting parcels conform to PMC Title 18, Zoning, and PMC Title 15, Buildings and Construction, the general plan and any applicable specific plan or as otherwise required by the Subdivision Map Act;
C. The resulting parcels do not interfere with existing utilities, infrastructure or easements;
D. The adjustment is approved by the city engineer or by the planning commission on appeal; and
E. A certificate of correction, deed or record of survey showing the lot line adjustment is prepared, approved and recorded in accord with Chapter 17.56 PMC. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.060 Exception – Parcel map waiver.
A. The city engineer may, at his or her discretion, waive the requirements for a parcel map for the following:
1. A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;
2. A division of property resulting from conveyance of land or interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;
3. A division of property which has been merged under this title, the Subdivision Map Act or any prior ordinance of the city;
4. Any other division of property which would otherwise require a parcel map. (Government Code Section 66428.)
B. To waive the parcel map requirements, the city engineer, in consultation with the city planner, shall make a finding that the proposed division of land complies with requirements as to:
1. Area;
2. The city’s standard engineering specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and
3. Other requirements of the Subdivision Map Act and this code.
C. A waiver by the city engineer may be conditioned to require payment by the subdivider of park land dedication, drainage, and other fees by a method approved by the city engineer.
D. Upon the waiver of the parcel map requirement under this section, the department shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with PMC 17.60.040, and a plat map showing the division. The certificate shall include a certificate by the county tax collector in accordance with Article 8 of the Subdivision Map Act.
E. A determination by the city engineer may be appealed to the planning commission in accord with the appeal procedures in PMC Title 18, Zoning, by the filing of a written notice of appeal within 10 days from the date the written determination is mailed or provided. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]
17.04.070 Consistency.
A. No land may be subdivided or developed for a purpose which:
1. Is inconsistent with the city’s general plan, any applicable specific plan, the zoning ordinance, or other applicable provisions of this code.
2. Not physically suitable for the type of development.
3. The design of the subdivision or type of improvements will conflict with easements defined in Section 66474(g). (Government Code Section 66474.)
B. The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of this title, the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.
C. The city may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate public facilities and services, and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of public facilities and services shall be determined in accord with (1) the planned long-term buildout of the community as provided in capital improvements programs in which facilities are actually available or funded, and (2) the general plan elements in effect at the time of considering the application. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 962 § 2 (Exh. A), 1989.]