Chapter 24.04
GENERAL PROVISIONS

Sections:

24.04.010    Purpose and citation.

24.04.020    Report of conformity to general plan – Exceptions.

24.04.030    Definitions.

24.04.035    Certificate of compliance.

24.04.040    Water availability.

24.04.010 Purpose and citation.

This title is adopted to supplement and implement the Subdivision Map Act 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. [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. 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.

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.

This title shall not be applicable to a lot line adjustment between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, where a number of parcels greater than originally existed is not thereby created, and where merger is not required for such parcels under this section. The site plan review committee shall be authorized to review and approve lot line adjustment applications consistent with the provisions of Section 66412(d) of the Subdivision Map Act.

This title shall not require further subdivision of city lots, parcels, or units heretofore created by recorded subdivision or recorded deed transferring the parcel, by virtue of being contiguous to any other lot or parcel in the same ownership. However, merger of contiguous lots or parcels in the same ownership shall occur so as to require further subdivision in order to effect a sale, leasing or financing of any such contiguous lot, parcel, or unit in case any one of such lots, parcels, or units does not conform to the minimum area or width requirements of PGMC Title 23 and any of the contiguous lots, parcels, or units is not developed with a building.

In such case the resulting merged parcel or parcels need not exceed the minimum sizes prescribed in PGMC Title 23, to the extent such can be accomplished without producing any remainder parcel of substandard size. Nothing contained herein is intended to merge any building site that is valid under the terms of PGMC 23.64.140 while it qualifies as a valid building site thereunder.

Wherever a merger results hereunder which comes to the knowledge of the city, the chief planner, after verifying the identity and configuration of the resulting merged parcels, shall cause a notice of merger to be filed for record with the county recorder, which shall specify the names of the owners of record and describe the real property effected; provided, however, notice shall be given to such owners in writing at least 30 days prior to such recording, advising of the intended recording of the fact of merger and specifying a time, date, and place at which the owner may present evidence to the zoning administrator, pursuant to Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures), why such notice should not be recorded. The zoning administrator’s decision may be appealed in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups). [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].

24.04.035 Certificate of compliance.

Upon request of any person owning real property or a vendee of that person pursuant to a contract of sale of the real property, the chief planner shall determine whether the real property complies with the Subdivision Map Act and this title. The chief planner shall issue either a certificate of compliance if it is determined that the real property complies, or a conditional certificate of compliance if it is determined that the real property does not comply, in accordance with the Subdivision Map Act procedures (Government Code Sections 66499.34 and 66499.35). [Ord. 11-001 § 8, 2011].

24.04.040 Water availability.

No application for a parcel or tentative map shall be accepted, processed or approved unless at the time of application for such map there is adequate water available, in the appropriate water allocation category or categories under Chapter 11.68 PGMC, to serve the parcels proposed by the application. [Ord. 09-005 § 37, 2009; Ord. 97-24 § 1, 1997. Formerly 24.01.040].