Chapter 16.28


16.28.010    Design of minor subdivisions.

16.28.020    Panhandle-shaped lots.

16.28.030    Dedication and access.

16.28.040    Waiver of direct access to streets.

16.28.050    Dedication procedure.

16.28.060    Required improvements.

16.28.070    Agreement to improve.

16.28.080    Exemption from improvements.

16.28.090    Off-site improvements – Acquisition of property interests.

16.28.100    Monuments and flagging.

16.28.010 Design of minor subdivisions.

A. Except as otherwise provided in this title to the contrary, all minor subdivisions shall conform to the design requirements of SBMC 16.16.010, or, for common interest developments, SBMC 16.16.120.

B. Notwithstanding any provision of this title to the contrary, the city council may approve a common interest or condominium minor subdivision of a lot upon which more than one primary single-family dwelling unit exists if all of the following requirements are met:

1. The property is located in the MR, MHR or HR zones;

2. A planned unit development permit is approved pursuant to SBMC 17.68.060 concurrently with the consideration of the tentative parcel map;

3. The single-family residential dwellings on the property were legally existing on July 1, 1986. (Ord. 219 § 1, 1996; Ord. 101 Exh. A, 1989)

16.28.020 Panhandle-shaped lots.

A. A panhandle-shaped or flag-shaped lot, if permitted by SBMC Title 17, shall have a minimum frontage of 30 feet on a street or publicly dedicated easement accepted by the city. Such minimum frontage shall be 20 feet for each such shaped lot when located back-to-back with another such shaped lot. Panhandles may not serve as access to any lot except the lot of which the panhandle is a part unless the city council determines that the panhandle access improves existing emergency access.

B. Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be 20 feet; provided, a joint easement ensuring common access to both such portions is agreed upon by the property owners and recorded. (Ord. 265 § 1, 2000; Ord. 101 Exh. A, 1989)

16.28.030 Dedication and access.

No parcel map filed pursuant to Chapter 16.32 SBMC shall be approved by the city council unless and until the following conditions have been satisfied:

A. There shall be offered for dedication, pursuant to SBMC 16.28.050, right-of-way for streets in accordance with the circulation element of the general plan, any applicable master plans, specific plans or other officially adopted street plans and the city standards within and adjacent to the boundaries of the land to be subdivided.

B. Streets which are proposed on the boundaries of a subdivision shall be offered for dedication to a width of no less than one-half the width shown on the circulation element or the city standards plus 12 feet. In the event that the offer of dedication for the streets is to be accepted prior to the final approval of the parcel map, a strip of land one foot wide extending along the outer edge of the land offered for dedication may be required to be offered to the city for street purposes and over which access rights are relinquished.

C. Offers of dedication for streets which will be accepted before final approval of the parcel map, and which streets are proposed to be terminated at the boundary of the minor subdivision may be required to include a strip of land one foot wide extending across the street at its point of termination at the boundary which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.

D. Easements for public utilities and drainage ways shall be offered for dedication in the manner prescribed by SBMC 16.28.050 as required by the city council when it determines that such offers of dedication are necessary to serve the subdivision and/or are a reasonable and logical extension of such facilities as exist in the vicinity. (Ord. 101 Exh. A, 1989)

16.28.040 Waiver of direct access to streets.

The city council may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 101 Exh. A, 1989)

16.28.050 Dedication procedure.

Pursuant to Section 66447 of the Subdivision Map Act, all dedications or offers of dedication required by the provisions of this chapter shall be by separate instrument and shall be completed prior to filing of the parcel map or by certificate on the parcel map as the city engineer may elect. An offer of dedication shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and except as provided in subsection (B) of Section 66477.2 of the Subdivision Map Act, shall continue until such dedication is accepted or the offer is abandoned or otherwise terminated. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purposes of which the dedication or offer of dedication is required. The subdivider shall provide a current preliminary title report or equivalent proof of title satisfactory to the city engineer. Dedications or offers of dedications shall be accepted only by the city council. (Ord. 101 Exh. A, 1989)

16.28.060 Required improvements.

A. As a condition precedent to the approval of a parcel map for a minor subdivision, the subdivider shall construct all off-site and on-site improvements in accordance with the requirements applicable to major subdivisions as set forth in SBMC 16.16.050 for the parcels being created; provided, however, that requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

B. Fulfillment of such construction requirements shall not be required until, at or after such time as a building or grading permit is issued by the city or at such time as may be provided by an agreement between the subdivider and the city pursuant to SBMC 16.28.070, except that in the absence of such agreement, the city council may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel upon a finding that fulfillment of such construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area. (Ord. 149 § 1, 1992; Ord. 101 Exh. A, 1989)

16.28.070 Agreement to improve.

Unless the subdivider elects, with the consent of the city council, to construct the improvements required by SBMC 16.28.060 prior to approval of the parcel map, the subdivider shall execute an agreement to construct such improvements or to otherwise comply with the requirements of this title and with the conditions of approval for the tentative parcel map for the subdivision prior to approval of the parcel map. If the subdivider consents, the agreement may provide for the construction of such improvements prior to issuance by the city of a building or grading permit for a parcel within the subdivision. The subdivider shall provide improvement security in accord with SBMC 16.16.070, 16.16.080, 16.16.090 and 16.16.100. In addition, the subdivider shall prepare and deposit with the city engineer detailed plans and specifications of the improvements to be constructed, and such plans and specifications shall be made a part of any such agreement and of the improvement security. The city manager is authorized to execute such agreements on behalf of the city. (Ord. 101 Exh. A, 1989)

16.28.080 Exemption from improvements.

Other provisions of this title to the contrary notwithstanding, the following minor subdivisions shall not be subject to the public improvement or dedication requirements of this chapter, except insofar as is necessary to comply with the Subdivision Map Act, including Sections 66426 and 66428 thereof:

A. Any parcel or parcels of land divided into lots or parcels, each of a gross area of 40 acres or more or each of which is a quarter-quarter section or larger. (Ord. 101 Exh A, 1989)

16.28.090 Off-site improvements Acquisition of property interests.

Whenever a subdivider is required as a condition of a tentative parcel map to construct or install off-site improvements on property which neither the subdivider nor the city owns, then not later than 60 days prior to filing the parcel map for approval, the subdivider shall provide the city with sufficient information, reports and data including, but not limited to, an appraisal and title report, to enable the city to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of such title. The subdivider shall agree, pursuant to SBMC 16.28.070 to complete the improvements at such time as the city has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in SBMC 16.28.070. (Ord. 101 Exh. A, 1989)

16.28.100 Monuments and flagging.

Every parcel map shall show monuments which shall be set by a licensed surveyor or engineer in accordance with SBMC 16.16.050; provided, that monumentation of the exterior boundary of a remainder parcel need not be placed or shown on the parcel map. The monuments shall be set prior to the approval of the map unless the setting thereof is deferred by the city engineer in accordance with Section 66496 of the State Government Code. The city engineer is authorized to accept monumentation agreements and securities for parcel maps on behalf of the city. (Ord. 101 Exh. A, 1989)