Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.010 Title.
17.05.020 Purpose.
17.05.030 Application/Scope.
17.05.040 Exceptions.
17.05.050 Exceptions – Lot line adjustment.
17.05.060 Exception – Waiver of tentative parcel map.
17.05.010 Title.
This title shall be known and cited as the “subdivision ordinance” of the city. (Govt. Code § 66410) (Parenthetical references throughout this title are to the California Government Code unless stated otherwise.) (Ord. 752 § 32-1.1, 2000; 1991 code § 32-1.1)
17.05.020 Purpose.
The purposes of this title and any rules, regulations and specifications adopted under it are (A) to regulate and control the division of land within the city, and (B) to supplement the State Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the official approval of the city regarding the maps. The regulations in this chapter are necessary to implement the general plan and to preserve the public health, safety and general welfare. (Ord. 752 § 32-1.2, 2000; 1991 code § 32-1.2)
17.05.030 Application/Scope.
The regulations in this title apply to the subdivision of land within the city and to the preparation, approval, and filing of subdivision maps. If there is a conflict between this title and the State Subdivision Map Act, the Map Act prevails. (Ord. 752 § 32-1.3, 2000; 1991 code § 32-1.3)
17.05.040 Exceptions.
This title does not apply 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; (Govt. Code § 66412(a))
B. Mineral, oil or gas leases; (Govt. Code § 66412(b))
C. Land dedicated for cemetery purposes under the California Health and Safety Code; (Govt. Code § 66412(c))
D. A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created; provided, that the lot line adjustment is approved by the city under PHMC § 17.05.050; (Govt. Code § 66412(d))
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; (Govt. Code § 66412(e))
F. Any separate assessment under State Revenue and Taxation Code section 2188.7; (Govt. Code § 66412(f))
G. The conversion of a community apartment project or a stock cooperative to a condominium. However, the conversion is subject to the requirements of § 66412(g) and 66412(h) of the Subdivision Map Act; (Govt. Code §§ 66412(g), (h))
H. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city; (Govt. Code § 66412(i))
I. 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 city ordinances regulating design and improvements; (Govt. Code § 66412.1(a))
J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel; (Govt. Code § 66412.1(b))
K. The construction, financing or leasing of a second dwelling unit approved under PHMC § 18.20.095; (Govt. Code § 66412.2)
L. Leases of agricultural land for agricultural purposes (the cultivation of food or fiber, and grazing or pasturing of livestock); (Govt. Code § 66412(k))
M. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet; (Govt. Code § 66412.5)
N. The subdivision of a portion of the operating right-of-way of a railroad corporation (defined in Public Utilities Code section 230) which is created by a short-term lease (terminable by either party on not more than 30 days’ notice in writing); (Govt. Code § 66428)
O. Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. A conveyance of land to a governmental agency includes a fee interest, an easement or a license; (Govt. Code §§ 66428 and 66426.5) and
P. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit or similar right to a telephone corporation exclusively for the placement and operation of cellular radio transmission facilities, if the action is subject to discretionary action by the city. (Govt. Code § 66412(j))
The zoning administrator shall consult with the city engineer regarding an exception under this chapter, and shall render a decision regarding an exception from the Map Act within 60 days of the application being deemed complete. (Govt. Code § 66451.7) (Amended during 2005 recodification; Ord. 752 § 32-1.4, 2000; 1991 code § 32-1.4)
17.05.050 Exceptions – Lot line adjustment.
A lot line adjustment is a shift or rotation of an existing lot line between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created. The city shall limit its review to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances. The zoning administrator shall notify the applicant of the city’s determination. (Govt. Code § 66412(d)) (See also PHMC Chapter 17.62 regarding parcel merger by property owner, and lot line adjustment.)
This title does not apply to a lot line adjustment provided:
A. No additional parcels are created;
B. The resulting parcels conform to the zoning ordinance (PHMC Title 18) and building regulations (PHMC Title 14);
C. The resulting parcels do not interfere with existing utilities, infrastructure or easements;
D. Real property taxes have been prepaid;
E. The adjustment is approved by the zoning administrator and the city engineer;
F. The owner prepares a deed and plat map. However, if a record of survey is required under Business and Professions Code section 8762, the owner shall prepare a record of survey; and
G. The city approves and the county recorder records a deed and plat map or a record of survey. (Ord. 872 § 2, 2012; amended during 2005 recodification; Ord. 752 § 32-1.5, 2000; 1991 code § 32-1.5)
17.05.060 Exception – Waiver of tentative parcel map.
A. Upon written request, the zoning administrator may waive the requirements for a tentative parcel map for the following: (Govt. Code § 66428)
1. A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;
2. A division of property resulting from conveyance of land or interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc., unless a showing is made in individual cases that public policy necessitates a parcel map;
3. A division of property which has been merged under this title, the Subdivision Map Act or any prior ordinance of the city.
B. To waive the tentative parcel map requirements, the zoning administrator must find that the proposed division of land complies with requirements as to: (1) area; (2) the city’s public works standards for improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and (3) other requirements of the Subdivision Map Act and this code.
C. The zoning administrator will render a decision regarding a parcel map waiver within 60 days after the application is deemed complete. The approval of the waiver must be in writing. (Govt. Code § 66451.7)
D. A waiver of the tentative parcel map requirement may be conditioned to require payment by the subdivider of required park land dedication, drainage, traffic mitigation, and other fees.
E. Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and approved by the city engineer and zoning administrator. The city clerk shall transmit the map to the county recorder. If the county recorder rejects that map for filing, the city shall rescind its approval of the map per the requirements of Govt. Code § 66466. (Ord. 752 § 32-1.6, 2000; 1991 code § 32-1.6)