PART 1. GENERAL PROVISIONS
Sections:
§ 9201.4 Prohibition of Sale, Lien or Lease.
§ 9201.6 References to Other Laws.
§ 9201.7 Division of Land for Lease Only.
§ 9201.7.1 Division of Land for Mobile Home Purposes.
§ 9201.7.2 Mobile Home Relocation Impact Report.
§ 9201.8 Penalty for Noncompliance.
§ 9201.9 Transaction Voidable.
§ 9201.12 Subdivision Committee.
§ 9201.13 Time of Performance.
9201.1 Authority.
Pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, referred to herein as the Subdivision Map Act, and pursuant to any other regulations provided by law, the regulations hereinafter set forth in this Chapter shall be known as the Subdivision Ordinance and shall apply to all divisions of land hereafter made of property wholly or partially within the City of Carson. Each such division of land and each part thereof lying within or partially within the City of Carson shall be made, and each map thereof shall be prepared and presented for approval, as hereinafter provided for and required.
9201.2 Severability Clause.
The City Council hereby declares that it would have passed this Chapter sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Chapter are severable, and if, for any reason, any sentence, paragraph, or section of this Chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this Chapter.
9201.3 Purpose.
It is the purpose of this Chapter to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions; the form and content of Tract Maps and Parcel Maps; and the procedure to be followed in securing one (1) official approval of the City of Carson, regarding such maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of public health, safety, and general welfare.
Any reference herein to the Subdivision Map Act, or a specific section thereof, shall refer to the Subdivision Map Act as most currently amended. In the event that a cited section has been renumbered or combined with another section, the reference shall be the most current equivalent of the cited section.
9201.4 Prohibition of Sale, Lien or Lease.
A person shall not sell, place a mortgage, deed of trust or other lien upon, transfer title to, or lease any subdivision or any part thereof until a map thereof in full compliance with the provisions of this Chapter, has been duly recorded or filed in the office of the Recorder of this County. However, a person may offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map as required under this Chapter.
The aforementioned paragraph of this Section does not apply to any parcel or parcels of a subdivision offered for sale, lien or lease, or sold, mortgaged, liened or leased, in compliance with or exempt from any law regulating the design and improvement of subdivisions or minor land divisions in effect at the time the subdivision or minor land division was established.
Neither this Section nor any other portion of this Chapter applies to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building or commercial building, mobile home park, or trailer park, or to mineral, oil, or gas leases; or to the construction of removable commercial buildings having floor area of less than one hundred (100) square feet.
9201.5 Short Title.
This Chapter may be referred to as “The Subdivision Ordinance.”
9201.6 References to Other Laws.
Whenever reference is made to an Ordinance of this City or to a Statute of the State of California, such reference applies to the requirements of the Ordinance or Statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such Ordinances or Statutes.
9201.7 Division of Land for Lease Only.
The filing of a tract map or parcel map on which appears the words “DIVISION OF LAND FOR LEASE ONLY” authorizes the leasing of any lot shown on such map. A person shall not sell, finance, or transfer title to any lot shown on such maps, or offer to do so, or contract to do so, unless the transaction would be in full compliance with the provisions of this Chapter and the Subdivision Map Act had such tract map or parcel map not been filed.
9201.7.1 Division of Land for Mobile Home Purposes.
The filing of a tract map or parcel map on which appears the words “DIVISION OF LAND FOR MOBILE HOME PURPOSES ONLY” authorizes the sale, lien, or lease of any lot shown on such map to accommodate mobile homes used for human habitation. For the purpose of this Chapter, this type subdivision shall be considered a Planned Development.
9201.7.2 Mobile Home Relocation Impact Report.
At the time of filing a tentative tract map or parcel map for a subdivision to be created upon the closure of a mobile home park or a trailer park or any part thereof or to conversion to another use or to a vacant use, unless a written notice under Section 798.56 of the California Civil Code has previously been given and a Relocation Impact Report (RIR) has been filed and accepted as complete pursuant to CMC 9128.21, the subdivider shall file an RIR concurrently with the filing of the map. The RIR shall be processed as provided in CMC 9128.21, except that it shall be heard before the Commission and the Council on appeal in conjunction with the tentative tract map or parcel map, and recordation of the final map shall be conditioned upon performance of mitigation measures, if any, imposed in the resolution of approval of the RIR. (Ord. 82-589U, § 3; Ord. 82-618, § 3; Ord. 92-965, § 10)
9201.7.3 Mobilehome Park Conversions to Resident Ownership.
Repealed by Ord. 06-1358. (Ord. 03-1281U, § 1)
9201.8 Penalty for Noncompliance.
Violation of any provision of this Chapter, which is not also prohibited by the Subdivision Map Act or by any other State Statute, is a misdemeanor, punishable by a fine of not more than $500.00, or by imprisonment in the City Jail or the County Jail for not more than six (6) months, or by both such fine and imprisonment.
9201.9 Transaction Voidable.
Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien, or lease made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary, or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation of the provisions of the State Subdivision Map Act or this Chapter, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease, or contract, is binding upon any assignee, or transferree of the grantee, mortgagee, beneficiary, tenant, buyer, or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord, or person so contracting, his assignee, heir, or devisee.
9201.10 Other Remedies.
The provisions of this Chapter are not intended to prohibit any legal, equitable, or summary remedy to which the City or other political subdivision, or any person may otherwise be entitled, and the City or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this Chapter.
9201.11 Falsifications.
Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this Chapter.
9201.12 Subdivision Committee.
There is hereby created a Subdivision Committee, consisting of the following officers or their duly authorized representatives:
a. The Community Development Director.
b. The City Engineer.
c. The Director of Public Works.
d. The Fire Chief.
e. The Sheriff.
f. The Health Officer.
g. Chief Engineer and General Manager of Los Angeles County Sanitation Districts.
h. Such other City officers or representatives of other agencies which, in the opinion of the Community Development Director, have an interest in a proposed division of land.
The Community Development Director, or his designee, shall be the Chairman of the Subdivision Committee.
9201.13 Time of Performance.
Time of performance for each and every action under this Chapter shall be measured in calendar days.