Chapter 1
GENERAL PROVISIONS
Sections:
13-1.03 Conformity to general plan, specific plan, and zoning ordinance.
13-1.05 Exclusions per Map Act.
13-1.01 Authority.
This title is adopted to supplement and implement the Subdivision Map Act (Division 2 of Title 7 of the Government Code of the State, commencing with Section 66410) and may be cited as the “Subdivision Law of the City of Watsonville.”
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.02 Purpose.
The purpose of this title, and any regulations, standards or specifications hereafter adopted, is to regulate and control the design and improvement of divisions of land for all purposes within the City in order to preserve and enhance the health, safety, welfare, and amenities of the community. The provisions of this title shall implement and supplement the Subdivision Map Act. It is intended that the provisions of this title shall be fully consistent with the Subdivision Map Act. In case of conflict between the provisions of this title and those of the Subdivision Map Act, or where this title is silent, the Subdivision Map Act shall control.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.03 Conformity to general plan, specific plan, and zoning ordinance.
No land shall be subdivided and developed for any purpose which is not in conformity with the general plan, any specific or precise plan of the City, the zoning ordinance or other applicable provisions of this code. The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities, and public services that shall be provided by the subdivider.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.04 Compliance required.
This title applies to subdivisions and related matters for land entirely or partially within the City.
(a) No Sale, Lease or Financing Without Map. No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease or financing on any parcel, except for model homes, or allow occupancy of any structure, for which a final map or parcel map is required by this title, until the final map or parcel map in full compliance with this title has been recorded and the City has been provided proof of recordation.
(b) Subdivisions Under Previous Law. In accordance with Section 66499.30 of the Map Act, subsection (a) of this section does not apply to any parcel of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance) regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
(c) Sales Conditioned on Final Map or Parcel Map Allowed. In accordance with Section 66499.30 of the Map Act, nothing in this section shall prohibit an offer or contract to sell, lease or finance real property, or to construct improvements on real property, where the sale, lease or financing or the commencement of construction is expressly conditioned on the approval and filing of a final map or parcel map as required by this title.
(d) Compliance Required for Permit Issuance. Compliance with the provisions of this title is a condition precedent to the issuance of a building permit or occupancy certificate on any lot or parcel of land within the City.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.05 Exclusions per Map Act.
This title does not apply to leases, conversions, transactions, conveyances or other acts which are specifically designated as excluded by the Map Act (including but not limited to exclusions specified in Sections 66412 et seq., 66426.5, 66428.1), except that procedures for lot line adjustments shall be in accordance with Chapter 13-8. Applications for exclusions specified in Section 66412 of the Map Act shall be acted upon by the Community Development Director within sixty (60) days of the application being deemed complete.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.06 Fees and deposits.
All persons submitting applications required by this title shall pay all the fees and/or deposits as provided by either resolution or ordinance of the City Council or as otherwise provided by this title.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-1.07 Severability.
If any provision of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such decision shall not affect the validity of the rest of this title.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)