Chapter 22.05
GENERAL PROVISIONS
Sections:
22.05.005 Citation and authority.
22.05.010 Continuity of provisions.
22.05.030 Application to government agencies.
22.05.005 Citation and authority.
This title is adopted to supplement and implement the Subdivision Map Act (Division 2, Title 7 of the Government Code). [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.010 Continuity of provisions.
The provisions of this title, insofar as they are substantially the same as previously adopted ordinance or code provisions relating to the subject matter, shall be construed as restatements and continuations thereof and not new enactments. Any actions or proceedings commenced or permit or approval issued pursuant to any previously existing ordinance or code provision shall not be affected by the enactment of this title, but all further actions, proceedings and permits or other entitlements shall hereafter conform to this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.015 Reference.
Whenever reference is made to any portion of this title, the reference applies to this title as adopted and any amendments or additions hereafter made. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.020 Delegation.
Whenever a power is granted to, or a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by a deputy or other person designated by the officer, unless expressly provided otherwise by this title. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.025 Validity.
If any chapter, section or subdivision, sentence, clause or phrase of this title is for any reason held to be unconstitutional, such decision shall not affect the remaining provisions of this title. The city council hereby declares that it would have enacted this title and each chapter, section and subdivision, sentence, clause or phrase hereof irrespective of the fact that one or more chapters, sections, subdivisions, sentences, clauses or phrases hereof be declared unconstitutional. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.030 Application to government agencies.
The provisions of this title shall apply to all government agencies, their officers, employees, or agents, to the extent authorized by law. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].
22.05.035 Limitations.
This title shall be inapplicable 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.
B. Mineral, oil or gas leases.
C. Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.
D. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, providing the lot line adjustment is approved by the planning director acting as an approval body or by the subdivision review committee acting either as an approval body or as an appeals board pursuant to RCMC 22.20.037.
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.
F. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
G. 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 local agency ordinances regulating design and improvement.
H. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
I. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. [Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0998 § 1, 1995; SCC 574 § 2, 1983].
22.05.040 Findings.
Any finding required to be made by an approval body or the city council pursuant to the Subdivision Map Act or this title shall be in writing in a form to be approved by the city attorney. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(M)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 574 § 2, 1983].