Chapter 6.09
MINOR LAND DIVISION
Sections:
6.09.020 Minor land division map requirements.
6.09.030 Conditions for approval.
6.09.050 Approval of minor land division.
6.09.010 Applications.
Applications for a minor land division shall be made to the City Planning Commission upon forms provided by the City. The fee for filing an application shall be $75.00 plus $10.00 for each parcel contained in the minor land division.
6.09.020 Minor land division map requirements.
Every application shall include a tentative map and shall meet the following requirements and include the following information:
A. The tentative minor land division map may be drawn to a scale of 100 feet or 200 feet to the inch. If parcels are two and one-half acres or more, a scale of 200 feet to the inch shall be used.
B. The boundary lines and the approximate dimensions of the parcel of property proposed to be divided, including any contiguous property owned by the applicant.
C. The proposed lot lines and their approximate dimensions.
D. The proposed lots shall be numbered and shall show their approximate area and square feet.
E. The names, locations and existing right-of-way width of all abutting streets.
F. The location and width of all proposed streets.
G. North point and scale of drawing.
H. Name, address and telephone number of applicant and legal owner of record.
I. Date present owner purchased the property.
J. Legal description of the original parcel of property proposed to be divided.
K. It shall comply with all the provisions of Subdivision Map Act of the State.
6.09.030 Conditions for approval.
Any parcel created by a minor land division shall meet the following conditions:
A. The parcel shall comply with the requirements of the zoning classification for the zone in which the land is located unless a zoning variance is in effect.
B. The depth of the parcel shall not exceed four times its width, unless otherwise impracticable because of the size, shape or topography.
C. The parcel shall about upon a street right-of-way which shall be dedicated to public use and which collects directly, or by means of not less than a 30-foot wide recorded public access easement to a public street. All such dedications shall be in accordance with the following:
1. If the parcel lies within the area of or adjoins an adopted specific plan, the street dedication shall be in accordance with the specific plan.
2. If the parcel does not adjoin an adopted specific plan, but adjoins an existing General Plan highway, the street dedication shall be in accordance with the General Plan of highways.
3. If neither of the above conditions exist, the street dedications shall be in accordance with the requirements of the City Engineer.
4. The dedications shall be approved by the City Engineer.
D. If the dedicated streets in a minor land division are not to be initially accepted by the City, the recorded parcel map of a minor land division shall bear the words: “The dedicated public streets shown on this map are not City streets and are not subject to maintenance and improvement by the City unless and until declared to be City streets by resolution of the City Council.”
6.09.040 Approved access.
Approved access to a lot with a gross area of four acres or less created by minor land division, except as otherwise provided in this chapter, shall be as follows:
A. Street Width.
1. A street right-of-way within the boundaries of a minor land division shall be not less than 50 feet in width.
2. A street right-of-way on the boundary of a minor land division shall be at least 30 feet in width for a half street.
B. Street Location.
1. Street rights-of-way shall be located so as to provide for development of adjacent parcels wherever possible. Boundary streets shall be placed in a location which will permit the extending or widening of the street with existing or future streets on adjacent properties.
2. Street rights-of-way shall have an alignment that is topographically feasible for the passage of vehicles.
3. When it is determined that a street right-of-way cannot feasibly be widened or connected to another street because of existing development or topographical reasons, a standard cul-de-sac right-of-way shall be provided.
C. Exceptions. When, in the opinion of the Planning Commission, it is impractical or impossible for the property owner to dedicate street rights-of-way in accordance with the above standards, due to topography, the location of existing structures, or the existing land ownership pattern, the above standard may be modified, but in no event shall a full boundary street be less than 40 feet.
6.09.050 Approval of minor land division.
A. Upon the filing of a completed application, the Planning Commission shall hold a public hearing on the tentative land division map, which public hearing shall be held not more than 45 days after the application is filed. Notice thereof shall be given as provided in Section 66451.3 of the “Subdivision Map Act.” Any interested person may appear and be heard.
B. At the conclusion of the hearing, the Planning Commission shall approve, conditionally approve or disapprove the tentative land division map. Conditions of approval by the Planning Commission may include, but shall not be limited to, curbs, gutters, sidewalks, street trees and fire protection. The Planning Commission shall report its action to the applicant not later than 10 days following its action.
6.09.060 Parcel map.
A. Prior to the expiration of approval or conditional approval of a tentative map or prior to the expiration of any extension of said approval or conditional approval, the subdivider shall cause the filing of a parcel map in accordance with the provisions of Section 66463 and 66464, et seq., of the Government Code and this chapter.
B. The City Engineer shall not certify the parcel map for recordation, unless and until he finds that:
1. The parcel map is in substantial conformity with the approved tentative map, with any conditions imposed upon its approval, and with the requirements of law; and
2. All dedications required have been made or are being made concurrently with the filing of the parcel map; and
3. All improvements required have been made or have been agreed to be made in accordance with the requirements of the statutes of the State, the ordinances and resolutions of the City, and the requirements of the City Engineer; and
4. If improvements are agreed to be made, that all necessary agreements, bonds, certificates have been filed with the City and approved by the City Attorney.
C. If the City Engineer finds that the requirements of this chapter have been complied with, he is empowered to certify the parcel map for recordation. Such other certificates as are necessary or convenient to show the acceptance in connection with the processing of a parcel map and as are not forbidden by law may be appended to said parcel map and executed by the appropriate City officials.
D. All improvements shall be assured within the period required by this chapter for the filing of a parcel map, unless the Planning Commission shall consent to a time extension as provided herein. Said assurance shall consist of the execution and filing of improvement agreements, faithful performance and labor and materials bonds, and certificates in the same manner as is required for a major subdivision under the provisions of this chapter.
E. All dedications and improvements required pursuant to the provisions of this chapter shall be made in conformity with the requirements and standards relating to major subdivisions as required by Ordinance 77-19.
6.09.070 Appeal.
A. The applicant, may, within 15 days after mailing by the Planning Commission of conditions for approval of the land division, appeal the conditions to the City Council. No appeal shall be accepted unless it sets forth the condition or conditions complained of and states how they exceed the requirements of this chapter.
B. Upon the filing of an appeal, the City Clerk shall set the matter for hearing before the City Council not less than 15 days nor more than 25 days thereafter, and shall give written notice of the hearing to the applicant and to the Planning Commission. The City Council shall render its decision within 30 days following the close of this hearing and notice of decision shall be mailed to the applicant and to the Planning Commission. The decision of the City Council shall be final. (Ord. 82-2, 2-23-1982)