Chapter 23.20
MINOR LAND DIVISIONS (FOUR OR FEWER PARCELS)

Sections:

23.20.010    General provisions.

23.20.010.1    Applicability.

23.20.010.2    Repealed by Ord. 86-19 § 11.

23.20.010.3    Subdivision determination.

23.20.020    Maps required.

23.20.020.1    Tentative parcel map.

23.20.020.2    Form.

23.20.020.3    Content.

23.20.020.4    Submittal of map.

23.20.020.4.1    Submittal of application/Public hearing.

23.20.020.5    Zoning administrator action.

23.20.020.6    Findings for approval.

23.20.020.7    Findings for denial.

23.20.020.8    Repealed by Ord. 86-19 § 17.

23.20.020.9    Conditions of approval.

23.20.020.10    Appeals.

23.20.030    Expiration and extensions.

23.20.030.1    Expiration.

23.20.030.2    Extensions.

23.20.040    Parcel maps.

23.20.040.1    General.

23.20.040.2    Survey required.

23.20.040.3    Form.

23.20.040.4    Content.

23.20.040.5    Certificates.

23.20.040.6    Preliminary submittal.

23.20.040.7    Conformance check.

23.20.040.8    Resubmittal.

23.20.040.9    Approval.

23.20.040.10    Improvement agreement.

23.20.040.11    Acceptance of offer of dedication.

23.20.040.12    Recording final map.

23.20.050    Waiver of requirements.

23.20.050.1    Waiver of parcel map.

23.20.050.2    Certificate of compliance.

23.20.010 GENERAL PROVISIONS.

Sections:

23.20.010.1    Applicability.

23.20.010.2    Repealed by Ord. 86-19 § 11.

23.20.010.3    Subdivision determination.

23.20.010.1 GENERAL PROVISIONS – APPLICABILITY.

All applicable provisions of the State Subdivision Map Act and of this title, with the exception of the usable open space dedication requirements in Chapter 23.28, et seq., herein, shall apply to minor land divisions.

(Ord. 80-42 (part), 1981).

23.20.010.2 Repealed by Ord. 86-19 § 11.

23.20.010.3 GENERAL PROVISIONS – SUBDIVISION DETERMINATION.

The zoning administrator shall determine whether the proper enforcement of this title requires that the minor land division be processed as a subdivision. The zoning administrator shall have the authority to require conformance to full subdivision standards, when the subdivider has interests in lands adjacent to that being subdivided.

(Ord. 86-19 § 12, 1986: Ord. 80-42 (part), 1981).

23.20.020 MAPS REQUIRED.

Sections:

23.20.020.1    Tentative parcel map.

23.20.020.2    Form.

23.20.020.3    Content.

23.20.020.4    Submittal of map.

23.20.020.4.1    Maps required – Submittal of application/public hearing.

23.20.020.5    Zoning administration action.

23.20.020.6    Findings for approval.

23.20.020.7    Findings for denial.

23.20.020.8    Repealed by Ord. 86-19 § 17.

23.20.020.9    Conditions of approval.

23.20.020.10    Maps Required – Appeals.

23.20.020.1 MAPS REQUIRED – TENTATIVE PARCEL MAP.

The form, content, submittal, and approval of the tentative parcel map shall conform to the provisions of this title. The tentative parcel map shall be prepared by a registered civil engineer or a licensed land surveyor.

(Ord. 80-42 (part), 1981).

23.20.020.2 MAPS REQUIRED – FORM.

The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be as approved by the city engineer and all lettering shall be a minimum of one-eighth inch in height. The final form shall be as approved by the city engineer.

(Ord. 80-42 (part), 1981).

23.20.020.3 MAPS REQUIRED – CONTENT.

The tentative parcel map shall show the following information:

(1)    Title.

(2)    Name and address of the legal owner, of the subdivider, and the name and registration number of the person preparing the map.

(3)    Date prepared, north arrow, scale, and contour interval.

(4)    Assessor’s parcel number.

(5)    Existing and proposed land use.

(6)    Vicinity map, sufficient to show the relation to the community.

(7)    Existing topography of the site and at least one hundred feet from its boundary including, but not limited to:

(A)    Existing contours at two-foot intervals if the existing ground slope is less than ten percent, and not less than five-foot intervals for existing ground slopes greater than or equal to ten percent. Existing contours shall be represented by screened or dashed lines.

(B)    Type, circumference, and drip line of existing trees with an eight-inch or greater trunk caliper. Any trees proposed to be removed shall be so indicated.

(C)    The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

(D)    Location, width and direction of flow of each watercourse.

(E)    The location, pavement, right-of-way width, grade, and name of existing streets, highways, or other public ways in and near the subdivision.

(F)    Location and type of street improvements.

(G)    Location, width, and identity of existing easements.

(H)    Location, size, and slope of existing storm drains.

(8)    Any improvements proposed by the owner shall be shown, including:

(A)    Number of lots.

(B)    Proposed lot layout and lot areas.

(C)    If the site is to be graded, the proposed contours shall be shown or an approved grading plan shall be submitted.

(D)    Proposed easements or rights-of-way.

(9)    The source and date of existing contours.

(10)    A subdivision title report showing the current vested owner.

(11)    A soils and/or engineering geology report may be required by the director of planning.

(12)    The names and addresses of all property owners within three hundred feet of the parcel in question.

(13)    The director of planning may waive the foregoing requirements upon finding that the location or nature of the proposed minor subdivision is such as not to necessitate compliance with these requirements; or he may require additional information as deemed necessary.

(Ord. 80-42 (part), 1981).

23.20.020.4 MAPS REQUIRED – SUBMITTAL OF MAP.

The subdivider shall submit four copies of a tentative map of the proposed minor land division, drawn to scale and fully dimensioned. At the time of the filing of the tentative map, the subdivider shall pay a filing fee, as established by resolution of the city council.

(Ord. 86-19 § 13, 1986: Ord. 80-42 (part), 1981).

23.20.020.4.1 MAPS REQUIRED – SUBMITTAL OF APPLICATION/PUBLIC HEARING.

The subdivider shall submit an application for the tentative parcel map/minor land division with the required filing fee as established by resolution of the city council. The zoning administrator shall hold a public hearing as required in Section 23.04.070 to consider the tentative parcel map/minor land division.

(Ord. 2006-08 § 6, 2006).

23.20.020.5 MAPS REQUIRED – ZONING ADMINISTRATOR ACTION.

The zoning administrator shall approve, conditionally approve, or disapprove the proposed map.

The zoning administrator shall notify the subdivider, in writing, of the action taken within five days of such action. If the map is disapproved, the zoning administrator shall notify the subdivider of the reasons for such action and of the subdivider’s right to appeal such action to the zoning board as provided in this title.

(Ord. 86-19 § 14, 1986: Ord. 80-42 (part), 1981).

23.20.020.6 MAPS REQUIRED – FINDINGS FOR APPROVAL.

In approving or conditionally approving a tentative parcel map, the zoning administrator shall find that the proposed subdivision, together with provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city of Santa Cruz.

(Ord. 86-19 § 15, 1986: Ord. 80-42 (part), 1981).

23.20.020.7 Maps Required – Findings for Denial.

The tentative parcel map may be denied for any reason provided by city ordinances, resolutions, or by the Map Act. The zoning administrator shall deny approval of the tentative parcel map if it makes any of the findings contained in Sections 23.16.050.4 and/or Section 23.16.050.5 of this title.

(Ord. 86-19 § 16, 1986: Ord. 80-42 (part), 1981).

23.20.020.8 Repealed by Ord. 86-19 § 17.

23.20.020.9 MAPS REQUIRED – CONDITIONS OF APPROVAL.

(a)    Authority. The zoning administrator shall have the authority to impose such conditions as are necessary to assure compliance with the provisions of this title and of city policy, as well as those it deems necessary to protect the best interests of surrounding properties or the neighborhood. In approving the tentative parcel map, the committee may impose any or all of, but shall not be limited to, the following requirements:

(1)    Frontage improvements.

(2)    On-site improvements.

(3)    Off-site improvements.

(4)    Dedications.

(5)    Applicable fees.

(6)    A soils and/or engineering geology report.

(7)    As a condition of final approval of a minor land division, the subdivider shall make the necessary assessment segregations.

(8)    The zoning administrator may waive any requirements relating to improvements and design that it shall deem reasonable.

(b)    Conformance. The foregoing requirements shall be in accordance with the provisions of this title. The subdivider shall be notified in writing of all the conditions of approval imposed.

(c)    Completion. Except as otherwise provided, completion of all improvements will not be required until such time as a permit or other grant of approval for the development of any parcel within the resubdivision is applied for. Improvements shall be completed prior to issuance of building permits for any unit within the subdivision.

(1)    The completion of improvements may be required prior to the filing of the parcel map or by any date specified by the city, when completion of such improvements is found to be necessary for the public health or safety, or for the orderly development of the surrounding area. Such specified date shall be stated in the conditions of approval. This finding shall be made by the zoning administrator.

(Ord. 86-19 § 18, 1986: Ord. 80-42 (part), 1981).

23.20.020.10 MAPS REQUIRED – APPEALS.

If the subdivider or any interested person is dissatisfied with any decision, action, or requirement of the zoning administrator, such decision, action or requirement may be appealed.

(a)    Appeal from Zoning Administrator Action. An appeal must be filed with the department of planning and community development, in writing, within ten days after the decision or action or requirement. An appeal shall state in detail the action, decision, or requirement from which appeal is taken and the basis for such appeal. The zoning administrator shall forward such appeal to the zoning board for its review and action.

(b)    Appeal from Zoning Board Action. Any interested person adversely affected by a decision of the zoning board with respect to the tentative parcel map may file an appeal with the city council for its review and action on such decision. The appeal must be filed, in writing, with the city clerk, within ten calendar days of the action taken by the zoning board.

(Ord. 86-19 § 19, 1986: Ord. 80-42 (part), 1981).

23.20.030 EXPIRATIONS AND EXTENSIONS.

Sections:

23.20.030.1    Expiration.

23.20.030.2    Extensions.

23.20.030.1 EXPIRATIONS AND EXTENSIONS – EXPIRATION.

The approval or conditional approval of a tentative parcel map shall expire twenty-four months from the date of approval. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative parcel map shall be filed without first processing a new tentative parcel map.

(Ord. 86-19 § 20, 1986: Ord. 80-42 (part), 1981).

23.20.030.2 EXPIRATIONS AND EXTENSIONS – EXTENSIONS.

(a)    Request by Subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the director of planning. The application shall be filed prior to the expiration date of such approval and shall state the reasons for requesting the extension.

(b)    Approval of Denial. The time at which a tentative map expires may be extended, upon application of the subdivider, for a period or periods not exceeding a total of twelve months, in conformance with the provisions of the state Subdivision Map Act, Section 66452.6. Any extension of time shall commence with the expiration date of the approved or conditionally approved tentative map. The zoning administrator shall review the request for extension and recommend approval, conditional approval, or denial. Conditions of approval of the extension shall be in accordance with the provisions of this title.

(c)    Appeal. If the zoning administrator denies a subdivider’s request for an extension, the subdivider may appeal this decision to the zoning board within ten calendar days after such denial.

(Ord. 86-19 § 21, 1986: Ord. 80-42 (part), 1981).

23.20.040 PARCEL MAPS.

Sections:

23.20.040.1    General.

23.20.040.2    Survey required.

23.20.040.3    Form.

23.20.040.4    Content.

23.20.040.5    Certificates.

23.20.040.6    Preliminary submittal.

23.20.040.7    Conformance check.

23.20.040.8    Resubmittal.

23.20.040.9    Approval.

23.20.040.10    Improvement agreement.

23.20.040.11    Acceptance of offer of dedication.

23.20.040.12    Recording final map.

23.20.040.1 PARCEL MAPS – GENERAL.

The form, content, submittal, approval, and filing of parcel maps shall conform to the provisions of this title and the Subdivision Map Act.

(Ord. 80-42 (part), 1981).

23.20.040.2 PARCEL MAPS – SURVEY REQUIRED.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or a licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000.

(Ord. 80-42 (part), 1981).

23.20.040.3 PARCEL MAPS – FORM.

The form of the parcel map shall conform to final map form requirements as specified in Section 23.16.070.3 of this title.

(Ord. 80-42 (part), 1981).

23.20.040.4 PARCEL MAPS – CONTENT.

The contents of the parcel map shall conform to final map content requirements specified in Section 23.16.070.4 of this title and as modified herein. Lots shall be designated by letters commencing with “A.”

(Ord. 80-42 (part), 1981).

23.20.040.5 PARCEL MAPS – CERTIFICATES.

Certificates shall be in accordance with the provisions of Section 66449 of the Government Code. The city clerk certificate shall not be required.

(Ord. 80-42 (part), 1981).

23.20.040.6 PARCEL MAPS – PRELIMINARY SUBMITTAL.

The subdivider shall submit two sets of prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports, and documents as required for final maps by Section 23.16.080.1 of this title, and as modified herein.

(1)    The city engineer may waive any of the requirements upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with the requirements of Section 23.16.080.1 of this title. Any additional information or documents required shall be as specified with the conditions of approval of the tentative parcel map.

(Ord. 80-42 (part), 1981).

23.20.040.7 PARCEL MAPS – CONFORMANCE CHECK.

Upon completing the preliminary check, the city engineer shall note the required corrections on the preliminary prints, reports, and data and shall return one set to the subdivider’s engineer for revision.

(Ord. 80-42 (part), 1981).

23.20.040.8 PARCEL MAPS – RESUBMITTAL.

The subdivider’s engineer shall submit two sets of the revised parcel map, reports, and data to the city engineer. After checking the revisions, the city engineer shall return one set to the subdivider’s engineer marked “approved as submitted,” “approved when corrected as noted,” or “revise and resubmit.”

(Ord. 80-42 (part), 1981).

23.20.040.9 PARCEL MAPS – APPROVAL.

Upon receipt of an approved print, the subdivider shall submit to the city engineer the original tracing of the revised parcel map prepared in accordance with the provisions of the Subdivision Map Act and of this title, corrected to its final form, and signed by all parties required by the Map Act and this title to execute the certificates on the map. Upon signing the city engineer’s certificate, the city engineer shall transmit the original to the city clerk or an authorized agent.

(Ord. 80-42 (part), 1981).

23.20.040.10 PARCEL MAPS – IMPROVEMENT AGREEMENT.

The subdivider shall enter into an agreement with the city council requiring the improvement of streets, easements, or other dedications in accordance with the standards established herein; unless such streets, easements, and other dedications have already been improved.

(Ord. 80-42 (part), 1981).

23.20.040.11 PARCEL MAPS – ACCEPTANCE OF OFFER OF DEDICATION.

The city engineer may accept or reject offers of dedication that are made by certificate on the parcel map in accordance with the conditions of approval of the parcel map.

(Ord. 80-42 (part), 1981).

23.20.040.12 PARCEL MAPS – RECORDING FINAL MAP.

The city clerk or an authorized agent shall file the approved parcel map with the county recorder.

(Ord. 80-42 (part), 1981).

23.20.050 WAIVER OF REQUIREMENTS.

Sections:

23.20.050.1    Waiver of parcel map.

23.20.050.2    Certificate of compliance.

23.20.050.1 WAIVER OF REQUIREMENTS – WAIVER OF PARCEL MAP.

The city engineer may waive the parcel map for the following reasons:

(1)    Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

(2)    Division of real property resulting from the conveyance of land, or interest therein, to a public agency for public purposes such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

(3)    The city engineer may waive the parcel map upon making a finding that the proposed division of land complies with the requirements as to area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title, local ordinances and the Subdivision Map Act.

(Ord. 80-42 (part), 1981).

23.20.050.2 WAIVER OF REQUIREMENTS – CERTIFICATE OF COMPLIANCE.

The city engineer, upon waiving the parcel map requirement, shall cause to be filed with the county recorder a certificate of compliance for the land to be divided.

(Ord. 80-42 (part), 1981).