Chapter 16.28
SHORT SUBDIVISIONS
Sections:
16.28.010 Purpose of regulations.
16.28.020 Application—Exceptions.
16.28.040 Corresponding terms.
16.28.050 Compliance required.
16.28.060 Design improvements and dedications.
16.28.070 Tentative parcel map.
16.28.080 Survey and setting of stakes and monuments.
16.28.090 Final parcel map—Filing.
16.28.100 Final parcel map—Extension of filing time.
16.28.110 Final parcel map—Form.
16.28.120 Final parcel map—Examination.
16.28.130 Final parcel map—Consideration by city engineer.
16.28.140 Verification of improvements.
16.28.150 Completion of improvements.
16.28.160 Final parcel map—Certification.
16.28.170 Acceptance of dedications.
16.28.180 Delivery of parcel map.
16.28.190 Recordation of parcel map.
16.28.200 Appeals from decision.
16.28.010 Purpose of regulations.
The purpose of this chapter is to regulate within the city the division of land which is not a subdivision within the meaning of the Subdivision Map Act of the state, to prescribe the area of dimensions of lots or parcels resulting from such divisions of land, and to regulate the reduction in area or the separation in ownership of land, and to require and regulate the improvement of land and the parcels resulting from such division of land. (Ord. 424 § 800, 1967)
16.28.020 Application—Exceptions.
The provisions of this chapter shall apply to and control all divisions of land within the city, with the following exceptions:
A. The division of land into a subdivision, as defined by the Map Act;
B. The conveyance or lease of whole lots within lawfully approved and recorded subdivisions, as defined by the Map Act;
C. Conveyance of oil, gas or mineral rights;
D. Easements or rights-of-way for ingress and egress, pipes, ditches and public utility lines;
E. Lease of space within a building, where there is no related lease of parking facilities, or to use of parking facilities by the lessee, or his employees or patrons;
F. Any conveyance or lease by or to the United States, state, any city or county or other political subdivision of the state;
G. Any division of land dedicated and used for cemetery purposes under the Health and Safety Code of the state. (Ord. 424 § 801, 1967)
16.28.030 Definitions.
A. The terms of this chapter shall be construed and interpreted according to the definitions contained in Chapter 16.08, unless otherwise defined herein or unless the context clearly requires otherwise.
B. The following definitions shall be used in the construction and interpretation of this chapter:
1. “Original parcel of land” means an integral area of land which is, at the time of division or proposed division thereof, in one or a common ownership.
2. “Division of land” means the division of an original parcel of land into two or more parts or parcels, for the purpose of lease or conveyance, whether immediate or future, and/or of the division of an original parcel of land into two or more parts or parcels as a result of the creation or establishment of a street or easement or right-of-way therefor, whether by conveyance, transfer or dedication.
3. “Divider” means a person who causes a division of land.
4. “Conveyance” includes any sale, transfer, assignment or gift, or the making of any mortgage or deed of trust.
5. “Convey” includes the act of selling, transferring, assigning or giving, or the making of any mortgage or deed of trust.
6. “Lot” means a parcel resulting from division of land.
7. “Parcel map” means a map showing a division of land. Unless the context otherwise requires, the term means a final parcel map. (Ord. 424 § 802, 1967)
16.28.040 Corresponding terms.
Wherein reference is made in other parts of this title to the terms listed in the first column below, the terms shall be deemed to include and refer to the terms set opposite the same, in the construction and interpretation of this chapter:
A. “Subdivision” includes and refers to “original parcel of land”;
B. “Subdivider” includes and refers to “divider”;
C. “Lot” includes and refers to “parcel resulting from division of land.” (Ord. 424 § 803, 1967)
16.28.050 Compliance required.
A. It is unlawful for any person to make or cause to be made a division of land except in accordance with the provisions of this chapter.
B. All divisions of land, and any or all parcels of land resulting from a division of land, shall be improved in accordance with the provisions of this chapter.
C. A division of land shall be deemed to have occurred when any lease, document of conveyance, or other note or memorandum thereof which satisfies the Statute of Frauds, which makes or evidences a division of land, has been subscribed by one or more owners of such land, and has been delivered to the grantee or any of the grantees named therein, or having been so subscribed, is recorded in the office of the county recorder.
D. It is unlawful for any person to record or cause to be recorded any document, map or plat which makes or evidences a division of land which is in violation of the provisions of this chapter. This provision shall not apply to any public officer or employee in the performance of any official duty.
E. It is unlawful for any person to lease to another or convey any parcel or parcels of land resulting from a division of land made in violation of the provisions of this chapter.
F. No building permit shall be issued for the improvement or the construction, installation or placement of any building or structure on, and no use permit shall be granted for the use of, any parcel of land resulting from a division of land or parcel of land which has been leased or conveyed in violation of the provisions of this chapter.
G. Any deed of conveyance of property, sale of property or contract to sell property or lease of property, made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer or person contracting to purchase, or lessee, his heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell or lease, but the deed of conveyance, sale or contract to sell, or lease is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, or lessee, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or lessor, or his assignee, heir or devisee.
H. A conveyance of land required for the purposes of enforcement of any lawful order of any court, or for the sale of property under the power of sale or foreclosure of a bona fide deed of trust or mortgage, or for the disposition of land by decree of a probate court, shall not be deemed unlawful, or subject to judicial restraint or injunction as may be elsewhere provided in this chapter, but otherwise any division of land resulting from any such conveyance, and any parcel of land resulting from such division, shall, nevertheless, be subject to all of the other requirements of this chapter, including, but not confined to, the requirements for the filing of parcel maps, approval thereof, and improvements of divisions of land and parcels resulting from such divisions, as in this chapter provided. No building permit shall be issued for the improvement, construction, installation or placement of any building or structure on, and no use permit shall be granted for the use of, any divisions of land resulting from any such conveyance or on any parcel of land resulting from such division, until the parcel map therefor has been filed and approved and the requirements of this chapter with respect to improvements have been complied with.
I. The city, and any person or political subdivision which may be aggrieved by any division of land or attempted division of land, lease or conveyance of land, or attempted or proposed lease or conveyance of land, in violation of the provisions of this chapter, may file a suit in the Superior Court of Tulare County to restrain or enjoin any such attempted or proposed division of land or lease or conveyance of land. (Ord. 424 § 804, 1967)
16.28.060 Design, improvements and dedications.
A. All divisions of land shall be designed, and improvements therein constructed, and dedications therefrom required, as in the case of subdivisions, as provided in Chapter 16.16 and Section 16.32.010.
B. All costs of planning, engineering, construction of improvements, and city inspection shall be at the expense of the divider of the land, subject to the provisions of Sections 16.32.030 through 16.32.050. (Ord. 424 § 805, 1967)
16.28.070 Tentative parcel map.
A. Anyone proposing to make a division of land shall file with the commission three prints of a tentative map.
B. Such prints shall be eighteen inches by twenty-six inches. The scale of such map shall be one inch equals one hundred feet, or a decimal fraction of one hundred feet. All dimensions shall be shown to the nearest foot.
C. The tentative parcel map shall contain the following information in legible form:
1. The boundary lines of the original parcel of land which is proposed to be divided, with dimensions, based on existing survey data and lot lines of record, if any;
2. The proposed division lines with dimensions, and the area of each parcel resulting from the proposed division;
3. All existing surface and underground structures and improvements located on original parcel or parcels, together with the exterior dimensions of same, the distance between structures and improvements and existing and proposed boundary lines, and the height of each structure and improvement;
4. The names, locations, and right-of-way widths of all streets abutting the original parcel;
5. The proposed location, purpose and right-of-way widths of all proposed streets and easements;
6. The legal description of the original parcel, together with the names of the legal owners thereof.
D. Consideration by Commission.
1. The commission may make such investigations as it may determine for the purposes of making its decision.
2. The commission shall consider the proposed divisions of land and the tentative parcel map thereof, and shall determine whether such comply with this chapter, and shall approve, conditionally approve or disapprove of the design of such division and map, and shall specify the kind, nature and extent of the improvements and dedications to be required, and easements to be furnished by the divider.
3. If the tentative parcel map shows, or if the commission determines that there should be required, any dedication for public use, such map shall be referred to the council, which may disapprove or tentatively approve such dedication.
4. The commission shall make its report on said matter directly to the divider. Such report shall be made within thirty days after such map has been filed with the commission.
5. The commission shall have authority to grant exceptions in the manner provided in Chapter 16.36, the same as in the case of the council, and no action by the council thereon shall be required.
E. Waiver of Certain Requirements Where Division Results Only From Leasing.
1. The commission shall have authority to grant a waiver of the requirements of filing and recording a final map, or the making of any additional improvements or dedications in any case that it finds all of the following:
a. The division of land results only from the making of a lease or leases;
b. Adequate dedications for street purposes have been provided under existing standards therefor relating to subdivisions, and also with respect to the amount of traffic that might be generated by the uses or improvements contemplated by the lease or leases;
c. Curbs, gutters and sidewalks have been provided along all streets adjacent to the property, and which conformed to the standards of the city at the time of installation;
d. Adequate drainage and sewer lines have been provided under existing standards therefor relating to subdivisions, and also with respect to the need therefor that might result from the uses or improvements contemplated by the lease or leases;
e. The pavement of adjoining streets is adequate to meet the needs of traffic that might be generated by the uses or improvements contemplated by the lease or leases, to the extent that pavement of existing streets is required in the case of subdivisions.
2. The grant of the waiver mentioned in this subsection, coupled with approval and certification of the tentative map, shall be deemed compliance with this chapter for all purposes.
F. Certification of Date of Approval of Tentative Parcel Map. The commission shall cause the date of its approval or the conditional approval of the tentative parcel map to be endorsed on the face of such map. (Ord. 424 § 806, 1967)
16.28.080 Survey and setting of stakes and monuments.
A. The proposed division of land shall be surveyed and a proposed final map thereof shall be made by a licensed surveyor or registered civil engineer, who shall set permanent survey stakes and/or monuments necessary to show the division of the land and as required by standard surveying procedures, and who shall certify to the survey and the setting of stakes and monuments on the face of the map or on an attached certificate, and who shall furnish the survey data required in this chapter.
B. The parcel map may be compiled from record data available when sufficient survey information exists on filed maps and when the location of each boundary of the parcel maps, either by monuments or possessory lines, is certain. (Ord. 424 § 807, 1967)
16.28.090 Final parcel map—Filing.
Within eighteen months after the date of approval or conditional approval of the tentative parcel map, the divider shall file the proposed final parcel map with the secretary of the commission, with three prints thereof. (Ord. 424 § 808, 1967)
16.28.100 Final parcel map—Extension of filing time.
Under written application of the divider filed within the period mentioned in Section 16.28.090 and for good cause shown, the commission may grant one extension of not exceeding six months more within which to file the final parcel map. (Ord. 424 § 809, 1967)
16.28.110 Final parcel map—Form.
A. The final parcel map shall be substantially in the same form and shall contain thereon the data required by Sections 16.24.060, 16.24.080 and 16.24.090.
B. The final parcel map shall set forth the certificates and acknowledgments substantially as required by Section 16.24.100, provided that certificates of the clerk shall only be required where dedications are offered, and no certificate shall be required for the county clerk, but a certificate shall be provided for the commission. (Ord. 424 § 810, 1967)
16.28.120 Final parcel map—Examination.
The secretary of the commission shall examine the proposed final parcel map, and if he finds the same to be substantially in the form required by this chapter and in conformity with conditions imposed by the commission in connection with the approval of the tentative parcel map, he shall accept the same for filing, and shall then transmit the same to the city engineer. (Ord. 424 § 811, 1967)
16.28.130 Final parcel map—Consideration by city engineer.
The city engineer shall examine the final parcel map, and it shall be certified by him if he finds that such map is substantially the same as the approved tentative parcel map and that the map is technically correct and in proper form, as required by Section 11576 of the Map Act. (Ord. 424 § 812, 1967)
16.28.140 Verification of improvements.
If the divider claims that the required improvements, or any of them, have been completed, they shall be inspected by the city engineer, or other city officer designated for such purpose by the council, and if the required improvements have been completed in conformity with the requirements of the commission and applicable provisions of this chapter, he shall certify such fact on the final parcel map or attach a certificate thereto so showing. If any of the improvements have not been properly completed, he shall attach his report thereof to the map. (Ord. 424 § 813, 1967)
16.28.150 Completion of improvements.
The required improvements shall be completed and the certificate so showing mentioned in Section 16.28.140 shall be filed with the secretary of the commission before he shall approve of the final parcel map, unless the divider enters into an agreement with the council and furnishes the bonds mentioned in Section 16.24.130, provided that the council may approve a standard form of agreement and authorize a city officer to approve the same, and may authorize the city attorney to approve of the bonds as to form or surety company. (Ord. 424 § 814, 1967)
16.28.160 Final parcel map—Certification.
When the secretary of the commission finds that the final parcel map is substantially in the form required by this chapter, in conformity with the conditions imposed by the commission in connection with the approval of the tentative parcel map, that (where required) the agreement and bonds respecting improvements have been approved and filed, and that all certifications or approvals required by this chapter have been made, he shall endorse on such map the final certification thereof. (Ord. 424 § 815, 1967)
16.28.170 Acceptance of dedications.
If dedications are offered or required, the commission secretary shall transmit the final parcel map or deeds of dedication to the council, which may accept or reject any or all offers of dedication by resolution. If the offer of dedication is shown on the final parcel map, any acceptance and the date thereof shall be certified on such map by the clerk. Dedications shall be completed prior to filing of the final parcel map. An offer of dedication shall be in such terms as to be binding on the owner, heirs, assigns or successors in interest, and shall continue until the governing body accepts or rejects such offer. (Ord. 424 § 816, 1967)
16.28.180 Delivery of parcel map.
When all certifications required by this chapter have been made, the parcel map shall be delivered to the divider after date of delivery has been endorsed thereon. (Ord. 424 § 817, 1967)
16.28.190 Recordation of parcel map.
The parcel map shall be recorded in the office of the county recorder within three months after delivery of same to the divider, and otherwise the parcel map shall be void and may not be recorded. The secretary of the commission shall cause a notice of the foregoing provision to be stamped on such map before delivery. The provisions of this chapter shall not be deemed complied with until the parcel map has been recorded in the office of the county recorder. (Ord. 424 § 818, 1967)
16.28.200 Appeals from decision.
If the divider is dissatisfied with any decision of the commission or of any other officer or agent of the city with respect to the administration of this chapter, he may, within fifteen days after written notice of such decision, file an appeal in writing with the council for a public hearing thereon. The council shall hear such an appeal within fifteen days or at its next succeeding regular meeting; provided, that if such hearing be within five days after the filing of such appeal, written notice of such hearing shall be given to the appellant. Any notice required by this section shall be given by ordinary mail to the divider at the address shown upon his written appeal, or if none, then as shown on the parcel map on file, and shall be deemed given when placed in the United States mail facilities. (Ord. 424 § 819, 1967)