Chapter 9.55
DIVISIONS OF LAND – MINOR SUBDIVISIONS
Sections:
9.55.010 Restrictions and purpose.
9.55.030 Action on application.
9.55.010 Restrictions and purpose.
A. No existing lot, parcel of land or building site shall be partitioned or divided into two, three or four lots, parcels of land or building sites, nor shall any condominium project as defined in Civil Code Section 1350 and containing less than five condominiums or community apartment projects containing less than five apartments or a stock cooperative project containing less than five dwelling units be created, without the prior written approval of the City’s Planning Commission and the recordation of a map as hereinafter set forth.
B. The purpose of this chapter is to prevent the violation or circumvention of the purposes or provisions of any ordinance of the City, or State statute regulating the use of land, to ensure proper lot design, to ensure effective and efficient access to and from properties by police and fire protection vehicles and equipment, to provide for such improvements in connection with such division of land as the public health, safety and welfare may require, and to assure that divisions of land comply with the provisions of the Sausalito General Plan and any applicable specific plans. No tentative or final parcel map shall be approved except upon a finding that the proposed division of land, together with the provisions for its design and improvement, is consistent with the Sausalito General Plan and any applicable specific plans. [Ord. 984 § 6, 1981; Ord. 832 § 1, 1974; Ord. 813 § 1, 1973; Ord. 616 § 1, 1962; Ord. 430 § 14, 1950.]
9.55.020 Filing application.
A. An application for approval of the partitioning of land or creation of a condominium or creation of a community apartment or creation of a stock cooperative shall be fully executed and accompanied by a tentative map and shall be filed with the Planning Commission.
B. A filing fee established by resolution of the City Council shall be paid at the time of filing the tentative map.
C. The form of tentative map and accompanying data shall be the same as required for subdivisions under Chapter 9.30 SMC.
D. The application and the tentative map shall be deemed filed at the time it is accepted in the manner provided for subdivisions under the second and third paragraphs of SMC 9.30.040.
E. Notices shall be given by mail, postage prepaid, not less than 10 days before the date set for the hearing to owners and occupants of property within a radius of 100 feet of the external boundaries of the property described in the application or action, using for this purpose addresses from the last equalized assessment roll of the County and the City’s latest copy of Pacific Telephone’s “Reverse Telephone Directory” for this area. Aside from any other development fees or deposits, the applicant shall furnish to the City payment for contract services to compile and type the names and addresses of the owners and occupants on envelopes containing the public notice. The failure to send notice by mail to any such property owner or occupant, where the address of such owner is not shown upon the last equalized assessment roll of the County or the City’s latest copy of Pacific Telephone’s “Reverse Telephone Directory” for this area, shall not invalidate any proceedings in connection with any action.
In addition to the notice hereinabove provided for, a notice shall be sent by certified or registered mail not less than 10 days before the date set for the hearing to the applicant. [Ord. 984 § 6, 1981; Ord. 934 § 2, 1978; Ord. 870 § 1, 1974; Ord. 813 § 2, 1973; Ord. 684 § 1, 1967; Ord. 616 § 1, 1962; Ord. 430 § 14, 1950.]
9.55.030 Action on application.
A. The Planning Commission shall submit the application and all accompanying data to their technical advisors at once for recommendation and distribution for processing.
1. Applications involving simple realignment of lot lines may be sent directly to a lot-split committee of the Planning Commission.
2. In case a new building site is created, the recommendations of the Supervisor of Public Works, the Building Inspector and the City Engineer shall first be obtained for the guidance of the Planning Commission. Such recommendations shall be submitted within 10 days after referral to those departments.
B. The Planning Commission shall consider the application at the first regular meeting which occurs 15 days or more after time of filing.
1. If the complexity of the problem requires more time for study, the consideration may be continued for such time as may be required.
2. In any case the Planning Commission shall, within 50 days after filing, approve, conditionally approve, or disapprove the application and report such action to the City Council, unless the time is extended by mutual agreement.
C. Within 15 days following the date of decision by the Planning Commission with respect to the application, the applicant or any other interested party may file a written petition with the City Clerk for a review of such decision by the City Council. In addition, the City Council may, on its own motion, elect to review such decision. If no such action is taken the decision of the Planning Commission shall become effective the day following the next regular City Council meeting or the sixteenth day following the date of decision by the Planning Commission, whichever is later.
D. Upon receipt of an appeal, or in determining to review a decision by the Planning Commission, the City Council shall thereupon hear the appeal and may affirm, modify or reverse such decision. Except in the case where otherwise provided by law, a tie vote of the City Council which is not followed by a continuance of the matter for further consideration shall be deemed to affirm the recommendation of the Planning Commission. [Ord. 984 § 6, 1981; Ord. 616 § 1, 1962; Ord. 430 § 14, 1950.]
9.55.040 Recordation.
A. Upon approval of the application and tentative map by resolution of the City Council or Planning Commission, the applicant shall have prepared and submit a parcel map (as described in the California Subdivision Map Act) or a condominium map (as described in Civil Code Section 1351). In addition to the certificates required by the State Subdivision Map Act for a parcel map, there shall be a certificate by the City Planning Commission giving final approval. The map shall be tied to the existing monument system of the City of Sausalito. All sections of the condominium map shall be bound together and shall be recorded as one document.
1. The subdivider shall pay the sum of $25.00 plus any additional amounts necessary to cover the cost of checking the map and investigations incidental thereto.
2. The map shall be transmitted to the City Engineer for such checking.
B. Upon approval of the map, the subdivider shall furnish to the City one set of negatives or reproducible paper prints of the map for the City records, and shall immediately file the map with the County Recorder for recording. [Ord. 984 § 6, 1981; Ord. 813 § 3, 1973; Ord. 616 § 1, 1962; Ord. 430 § 14, 1950.]