Chapter 17.48
MINOR SUBDIVISION PROCEDURE
Sections:
17.48.010 Preparation and filing procedures.
Article I. Tentative Parcel Maps
17.48.020 Data and preparation requirements.
17.48.030 Statements required.
17.48.040 Submission of copies.
17.48.050 Review and recommendations.
17.48.060 Easement adequacy report.
17.48.070 Lots lines of previous subdivisions.
17.48.080 Planning commission action.
17.48.090 Processing time extensions.
17.48.100 Appeals—Filing date.
17.48.110 Appeals—Council action.
17.48.120 Map valid for two years after approval.
17.48.130 Expiration conditions.
17.48.140 Disapproval criteria.
Article II. Parcel Maps
17.48.150 Preparation specifications.
17.48.160 Title guaranty and dedication instruments.
17.48.170 Submittal conditions.
17.48.180 Conformance review—Approval and recordation conditions.
17.48.010 Preparation and filing procedures.
A. Where required by the provisions of this title, tentative parcel maps, as set out in the Subdivision Map Act, shall be prepared and filed with the secretary of the planning commission. Tentative maps must be filed with a nonrefundable processing fee in an amount established by resolution of the city council.
B. In accordance with Government Code Section 66428, the requirement for a parcel map may be waived by the planning commission if it finds that the proposed division of land complies with such requirements as may be established by the Subdivision Map Act or the provisions in this title or other relevant local ordinances as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection, and other requirements of the Subdivision Map Act and this title. (Ord. 435-89 § 11.01, 1989)
Article I. Tentative Parcel Maps
17.48.020 Data and preparation requirements.
A. Design and Improvements. The design and improvements of property divided by the use of this chapter shall be governed by Chapters 17.12 through 17.20 of this title.
B. Tentative Parcel Map Information. A legible, tentative parcel map drawn to scale on a sheet eighteen inches by twenty-six inches in size on tracing paper shall be prepared and submitted, showing:
1. Name, address and phone number of record owner and person filing the map; the county assessor’s parcel number of the proposed subdivision, and the name, address and license number of the land surveyor, registered civil engineer or other qualified professional who prepared the tentative map;
2. Name and legal designation of the tract or grant in which the subdivision is located and ties to adjoining streets;
3. Any other data necessary for the intelligent interpretation of the conditions existing and the location of recorded points, property and right-of-way lines and areas shown, including but not limited to:
a. The contour of the land within the proposed subdivision at intervals of one foot elevation up to five percent slope; two-foot intervals up to ten percent slope; and five-foot intervals over ten percent slope, and extending approximately two hundred feet into adjacent properties as determined by the city engineer,
b. Sufficient data to determine boundaries of division accurately,
c. Width, location and purpose of all existing proposed easements,
d. Location and dimensions of all existing structures,
e. The width and grade of all streets and other rights-of-way, whether proposed for dedication or existing,
f. The approximate radii of all curves,
g. The location of areas subject to flood inundation,
h. Approximate elevations of street intersections,
i. The location and size of proposed sewers, water lines and storm drains. (Ord. 435-89 § 11.02, 1989)
17.48.030 Statements required.
Accompanying the tentative parcel map shall be the following:
A. A statement of the subdivider as to drainage, surfacing or other required improvements to be constructed by him;
B. Whether proposed roads, widenings or street openings are offered for separate dedication;
C. Copies of a preliminary title report on subject property;
D. A statement of existing zoning and proposed use;
E. A statement and report on soil tests or geologic report, if required by the city engineer, which report shall comply with the requisites of subsections (C)(4) and (C)(13) of Section 17.36.030. (Ord. 435-89 § 11.03, 1989)
17.48.040 Submission of copies.
Twelve copies of the tentative parcel map and statement regarding proposed improvements shall be filed with the secretary of the planning commission. (Ord. 435-89 § 11.04, 1989)
17.48.050 Review and recommendations.
The project review committee and other officers or departments shall review the map and shall make a report and recommendations to the planning commission. (Ord. 435-89 § 11.05, 1989)
17.48.060 Easement adequacy report.
The subdivider shall submit proof of the adequacy of the proposed easements at the time of filing the tentative parcel map, and any utility company concerned may make a report to the planning commission as to the adequacy of the proposed easements. (Ord. 435-89 § 11.06, 1989)
17.48.070 Lots lines of previous subdivisions.
Any lots created by a minor subdivision approved by the city shall eliminate any previously recorded lot lines which fall within the minor subdivision. (Ord. 435-89 § 11.07,. 1989)
17.48.080 Planning commission action.
A. The planning commission shall, based upon a report of the city engineer and reports from other appropriate departments heads, determine whether the tentative parcel map is in conformity with provisions of this title. Upon this basis they shall, within fifty days of acceptance of the subdivision application, approve, conditionally approve or disapprove the map. Any such approved tentative parcel map shall meet the requirements for a parcel map. All planning commission actions shall be via public hearings.
B. Notwithstanding subsection A above, whenever an environmental impact report is required to be prepared for the tentative parcel map the planning commission shall render its decision within forty-five days after certification of the environmental impact report. (Ord. 435-89 § 11.08, 1989)
17.48.090 Processing time extensions.
The time limits for acting and reporting on a tentative parcel map as provided in this title may be extended by mutual consent, in writing, of the person filing the map and the planning commission. (Ord. 435-89 § 11.09, 1989)
17.48.100 Appeals—Filing date.
Appeal from the action of the planning commission must be made in writing by the applicant or any interested person or party, to the city council within ten days from the date of action of the planning commission. (Ord. 435-89 & 11.10. 1989)
17.48.110 Appeals—Council action.
The city council shall, after proper notice, hear said appeal via public hearing within thirty days of filing of the appeal. Within ten days of the conclusion of the hearing, the city council shall render its decision on the appeal. If the city council fails to act within ten days following the close of the hearing, the action of the planning commission shall be deemed as final, unless this time period is extended by mutual consent of the subdivider and the city council. (Ord. 435-89 § 11.11, 1989)
17.48.120 Map valid for two years after approval.
The approval of conditional approval of a tentative map shall be valid for a period of twenty-four months from the date of approval by the planning commission or city council. Such approval or conditional approval may be extended for a period not to exceed one additional year by the planning commission upon written request, providing such request is submitted to the secretary of the planning commission prior to the expiration of the one-year approval or conditional approval period. (Ord. 435-89 § 11.12, 1989)
17.48.130 Expiration conditions.
Any failure to record a parcel map within two years from the approval or conditional approval of the tentative map, or prior to the expiration of any extension thereof granted, shall terminate all proceedings. (Ord. 435-89 § 11.13, 1989)
17.48.140 Disapproval criteria.
A. The planning commission or city council shall disapprove a tentative parcel map only for those reasons cited below:
1. The tentative parcel map is inconsistent with adopted general plan or specific plan. The tentative parcel map shall not be approved unless it is found consistent by the planning commission (or the city council upon appeal.) The proposed tentative parcel map must be compatible with the objectives, policies, general land uses and programs specified in such a plan;
2. The tentative parcel map, as submitted, cannot meet the requirements of this title or any of its chapters, including but not limited to design and improvements, street design, improvements, or general lot standards;
B. The planning commission (or city council upon appeal) shall deny approval of a tentative parcel map if it makes any of the following findings:
1. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the Government Code;
2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
3. That the site is not physically suitable for the type of development;
4. That the site is not physically suitable for the proposed density of development;
5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. That the design of the subdivision or type of improvements is likely to cause serious public health problems.;
7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds tat alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
C. The planning commission may, in addition to any other causes therefor, disapprove a tentative parcel map because of flood or slide hazards and may require protective improvements to be constructed as a condition precedent to approval of the map. (Ord. 435-89 § 11.14, 1989)
Article II. Parcel Maps
17.48.150 Preparation specifications.
A parcel map shall be prepared in conformance with the approved tentative parcel map and shall bear a certificate executed by the registered civil engineer or licensed land surveyor who prepared the map, certifying that the parcel map substantially conforms to the approved or conditionally approved tentative parcel map. (Ord. 435-89 § 11.15, 1989)
17.48.160 Title guaranty and dedication instruments.
The parcel map shall meet all requirements of a parcel map, as set out in the Subdivision Map Act and this title, and when improvements or dedications are required, shall be accompanied by a guaranty of title and any separate instruments of dedication or deeds, and improvement agreements and bond, all as set out in Sections 17.44.030 (A) and (B) of this title. (Ord. 435-89 § 11.16, 1989)
17.48.170 Submittal conditions.
A parcel map shall be considered complete for filing when a nonrefundable processing fee is in an amount established by resolution of the city council is paid to the finance department, together with the necessary recording fee and the parcel map complies with the Subdivision Map Act and this title. In addition, the subdivider shall file the following with the city engineer:
A. Six blue-line prints, original tracing, or duplicate on linen or polyester base film of a quality acceptable to the city engineer,
B. Ten reduced copies of the same, which shall measure eight and one-half inches by eleven inches;
C. One set of approved improvement plans if required by the city engineer. (Ord. 435-89 § 11.17, 1989)
17.48.180 Conformance review—Approval and recordation conditions.
A. The city engineer shall determine that such map is in conformity with the requirements of the Subdivision Map Act and this title; and if it is, he shall so certify on the map. If the city engineer determines the map is not in conformity with said requirements, he shall disapprove said map. If the map is approved, and after seals and signatures are affixed, the city engineer shall transmit any offers of dedication or agreement to the city council for approval and acceptance;
B. After such approval, the city clerk shall transmit the parcel map and any approved improvement agreement and deed restrictions directly to the county recorder for recordation. The transmitted parcel map shall consist of one cloth print and one permanent record, either on tracing cloth or polyester-based film. No building permit shall be issued until the parcel map and deed restrictions have been recorded by the county recorder and required improvements installed. A reproducible mylar, or equal, copy of the recorded parcel map shall be filed for reference in the office of the department of city public works. (Ord. 435-89 § 11.18, 1989)