Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Authority – Subdivision Map Act definitions.
16.04.040 Tract maps – Exceptions.
16.04.060 Planning commission as advisory agency.
16.04.070 City council as approving agency.
16.04.080 Certificates of compliance.
16.04.090 Violation – Penalty.
Prior legislation: Ords. 156 and 495.
16.04.010 Authority – Subdivision Map Act definitions.
Pursuant to the Subdivision Map Act of the state, Cal. Gov. Code Title 7, Division 2, the provisions of this title are supplemental to those of the Subdivision Map Act and any associated regulations provided by law. This title regulates the design and improvement of subdivisions and assures consistency with the city’s land use goals, policies and objectives. All terms used in this title which are defined in the Subdivision Map Act shall have the same meaning as ascribed in the Subdivision Map Act. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 1, 2006)
16.04.020 Application.
Except as specifically excluded by the Subdivision Map Act or this title, the provisions of this title shall apply to any division of real property wholly or partially within the city and shall govern the filing, processing, approval, conditional approval, or disapproval of tentative, final and parcel map applications and any subsequent modifications thereof. (Ord. 700 § 2 (Exh. 1), 2012)
16.04.030 Prohibition.
No person may lease, finance or transfer title to or offer to sell, lease, finance or transfer title to any portion of any subdivision or parcel of land in the city for which a tentative, final or parcel map or waiver certificate is required pursuant to the Subdivision Map Act or this title, unless a parcel or final map or waiver certificate in full compliance with the Subdivision Map Act and this title has been approved by the city engineer and recorded with the county recorder. (Ord. 700 § 2 (Exh. 1), 2012)
16.04.040 Tract maps – Exceptions.
A tentative tract map and final tract map are required for all subdivisions creating five or more parcels, five or more condominiums as defined in Cal. Civ. Code § 783, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. A tract map shall not be required for a division of land if:
A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city;
B. Each parcel created by the division has a gross area of twenty acres or more and has approved access to a maintained public street or highway;
C. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for commercial development, and which has the approval of the city as to street alignments and width;
D. Each parcel created by the division has a gross area of not less than forty acres;
E. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Cal. Gov. Code § 66418.2;
F. The conveyance of land is exclusively to a governmental agency, public entity, or public utility or subsidiary of a public utility for conveyance to that public utility for rights-of-way. (Ord. 700 § 2 (Exh. 1), 2012)
16.04.050 Parcel maps.
A. A tentative parcel map and final parcel map shall be required for all land divisions creating four or fewer parcels and for all divisions of land described in PVEMC 16.04.040(A) through (D).
B. The city engineer may waive the requirement of preparing a parcel map required by this section if he finds that the proposed division of land complies with such requirements as may have been established by the Subdivision Map Act or this title as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or this title; provided, that in waiving such parcel map the city engineer may require the applicant to file a tentative parcel map.
C. A request for a waiver under subsection B of this section shall be submitted by the subdivider in a form acceptable to the city engineer. Notice of the action of the city engineer upon such a request shall be given to the subdivider and to all persons to whom notification of the tentative parcel map is required by law. The city engineer shall make a determination on the waiver application within sixty days of the application being deemed complete. The city engineer’s determination on a request for a waiver of a parcel map is final. (Ord. 700 § 2 (Exh. 1), 2012)
16.04.060 Planning commission as advisory agency.
The city planning commission is designated as the “advisory agency” referred to in the Subdivision Map Act, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions, and is hereby authorized to recommend approval, conditional approval, or disapproval of tentative maps of subdivisions and land divisions, and any modifications thereof, prepared and filed according to this title and the Subdivision Map Act, including, without limitation, recommending the kinds, nature and extent of the improvements required to be installed in subdivisions and land divisions. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 1, 2006)
16.04.070 City council as approving agency.
The city council shall be the approving agency for all subdivision and land division maps and any modifications thereof. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 1, 2006)
16.04.080 Certificates of compliance.
The city engineer shall approve or conditionally approve a certificate of compliance for parcels entitled to such certificates pursuant to Sections 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act. (Ord. 700 § 2 (Exh. 1), 2012)
16.04.090 Violation – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as described in PVEMC 1.16.010. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 667 § 1, 2006)
16.04.100 Fees.
A. Every person submitting a tentative or final tract or parcel map, or application for waiver, certificate of compliance, lot line adjustment or other request for processing as required in this title, shall pay a processing fee in the amount established by resolution of the city council. The fees shall not exceed the amount reasonably required by the city to process the application. Such fees are nonrefundable.
B. Every person submitting a tentative or final tract or parcel map, or application for waiver, certificate of compliance, lot line adjustment or other request for processing as required in this title, shall pay any required pro rata payment to defray the actual or estimated costs, if any, of constructing (1) additional planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas, (2) additional planned sewer facilities, (3) expansion or reconstruction of a planned bridge facility, and/or (4) planned construction or reconstruction of major thoroughfares. The pro rata payment for additional drainage and sewer facilities shall be based on the proposed subdivision’s acreage as a proportion of the total acreage that would be benefitted by the additional facilities. The method of apportionment for determining the pro rata payment for any bridge, railway, freeway, or major thoroughfare construction shall be determined by city council. The city shall deposit any payments received pursuant to this subsection in a separate fund established to fund only the particular project or facility for which the payment is collected. (Ord. 700 § 2 (Exh. 1), 2012)