19.08.440 - Subdivision.
A. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, 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 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision" does not include:
1. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks for the purpose of leasing or financing;
2. 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, if such project is subject to review under other ordinances of city regulating design and improvement;
3. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
4. Land divided by mineral, oil or gas leases;
5. Land dedicated for cemetery purposes under the Health and Safety Code of the state;
6. Leases of agricultural land for agricultural purposes, that is, cultivation of food or fiber or the grazing or pasturing of livestock;
7. 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 hereby created, provided the lot line adjustment is approved by the director. The review and determination of approval of the lot line adjustment is limited to whether or not the parcels resulting from the lot line adjustment will conform to the general plan, any applicable coastal plan, and zoning and building ordinances. No conditions or exactions shall be imposed on approval of a lot line adjustment except to conform to the general plan, any applicable coastal plan, or zoning and building ordinances. No requirement for the prepayment of real property taxes, or the relocation of existing utilities, infrastructure, or easements shall be required prior to the approval of the lot line adjustment. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded by the property owner. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code;
8. Land divided into four or less parcels for construction of removable commercial buildings having a floor area of less than 100 square feet;
9. Any other exclusion cited in Section 66412 of the Subdivision Map Act.
B. Any conveyance of land to a governmental agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.
C. "Subdivision" also includes a condominium project, as defined in Civil Code Section 1351, containing two or more condominiums, as defined in Civil Code Section 783, or a community apartment project, as defined in Business and Professions Code Section 11004, containing two or more parcels, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.
D. Nothing in this section shall prevent a purchaser of a unit of land created under the provisions of the Subdivision Map Act or this title from subdividing such land one time, pursuant to the provisions of the Subdivision Map Act, prior to the time that an equalized county assessment roll has been completed reflecting the creation of the unit proposed to be subdivided.
(Prior code § 9206oo; Ords. 18570, 19215, 22126, 26635.)
