A.
No person shall create a minor subdivision except in accordance with a parcel map approved pursuant to this chapter and the Subdivision Map Act and filed in the office of the County Recorder unless such requirement for a parcel map is otherwise waived pursuant to Section 18.44.190.
B.
The
provisions of this chapter shall not apply to the following:
1.
The
conveyance, transfer, creation, or establishment of an easement for
streets, sewer, water or gas pipelines and appurtenances or electrical
or telephone poles and lines or conduit and appurtenances;
2.
The
conveyance or transfer of land or any interest therein by or to the
United States, state, county, city, school district, special district
or public utility.
(Ord. 459 § 16.12.010, 1979)
Any person proposing to create a minor subdivision pursuant
to this chapter shall file with the City Planner a tentative parcel
map pursuant to the provisions of this title. The City Engineer shall
not certify a parcel map pursuant to Section 66450 of the Subdivision
Map Act unless prior thereto a tentative parcel map of the minor subdivision
shown thereon shall have been filed with and approved by the City
Planner, or on appeal by the City Council unless the subdivision is
being filed under the provisions of Government Code Section 66411.7.
(Ord. 459 § 16.12.020, 1979; Ord. 2022-1206 § 3; Ord. 2022-1207 § 3)
The subdivider applying for a minor subdivision shall file an application with the City Planner. The application shall be accompanied by a fee as set forth in Chapter 18.76, which will not be refundable, together with copies of a tentative parcel map as required by the City Planner prepared in accordance with the requirements as set forth in subsection B of Section 18.04.070 and Section 18.44.040.
(Ord. 459 § 16.12.030, 1979)
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to subsection B of Section 18.04.070, and such additional information as the City Planner may find necessary with respect to any particular case to implement the provisions of this chapter, shall accompany the tentative parcel map at the time of submission. In addition, all tentative parcel maps shall be accompanied by either a negative declaration or a draft environmental impact report prepared in accordance with rules and procedures adopted by the City Council pursuant to CEQA.
(Ord. 459 § 16.12.040, 1979)
There shall be filed with each tentative parcel map a grading
plan showing graded building site elevations and grading proposed
for the creation of building sites or for construction or installation
of improvements. The grading plan, together with the original topographical
contours, shall be shown on the tentative parcel map. In the event
no such grading is proposed, a statement to that effect shall be placed
on the tentative parcel map.
(Ord. 459 § 16.12.050, 1979)
A.
A preliminary
soils report, prepared by a registered civil engineer and based upon
adequate test borings shall be submitted to the City Engineer for
every subdivision with respect to the subdivision lots and adjoining
roads.
B.
A preliminary
soils report may be waived by the City Engineer providing the City
Engineer finds that, due to the knowledge the City has as to the soils
qualities of the soils in the subdivision, no preliminary analysis
is necessary.
C.
If
the City has knowledge of, or the preliminary soils report indicates,
the presence of critically expansive soils or other soils problems
which, if not corrected, would lead to structural defects, a soils
investigation of each lot in the subdivision may be required by the
City Engineer. Such soils investigation shall be done by a registered
civil engineer, who shall recommend the corrective action which is
likely to prevent structural damage to each structure proposed to
be constructed in the area where such soils problem exists.
D.
The
City Planner may approve the subdivision or portion thereof where
such soils problem exists if he or she determines that the recommended
action is likely to prevent structural damage to each structure to
be constructed, and a condition to the issuance of any building permit
may require that the approved recommended action be incorporated in
the construction of each structure.
(Ord. 459 § 16.12.060, 1979)
A tentative parcel map shall not be accepted for processing
until the map bears certification by the Superintendent of Public
Works that a sanitary sewer is available to each lot.
(Ord. 459 § 16.12.070, 1979)
A replacement tentative parcel map shall be submitted when the
City Planner finds that the number or nature of the changes necessary
for approval are such that they cannot be shown clearly or simply
on the original tentative parcel map.
(Ord. 459 § 16.12.080, 1979)
Where a subdivider desires to revise an approved tentative parcel
map, he or she may file with the City Planner, prior to the expiration
of the approved tentative parcel map, a revised tentative parcel map.
(Ord. 459 § 16.12.090, 1979)
The City Planner is authorized and directed to carry out the
duties assigned to him or her by this chapter, including, but not
limited to, the following:
A.
Investigate
each tentative parcel map filed pursuant to this chapter and indicate
by written report the kind, nature and extent of improvements required
to be installed on or to serve the land to be subdivided;
B.
Obtain
the recommendations of the following:
1.
The
City Engineer, with respect to the design of the proposed subdivision
and the kind, nature, and extent of the proposed improvements,
2.
The
Fire Chief, and
3.
Other
City departments, governmental agencies, or special districts as may
be deemed appropriate or necessary by the City Planner in order to
carry out the provisions of this chapter;
C.
Approve,
conditionally approve, or disapprove tentative parcel maps, and report,
as provided in this chapter, his or her approval, conditional approval,
or disapproval directly to the subdivider;
(Ord. 459 § 16.12.100, 1979)
The responsibilities of the City Council pursuant to Sections
66473.5, 66474, 66474.1, and 66474.6 of the Government Code are assigned
to the City Planner with respect to those tentative parcel maps filed
pursuant to this title.
(Ord. 459 § 16.12.101, 1979)
Within five working days after a tentative parcel map has been
filed, the City Planner shall transmit copies of the map together
with accompanying information to such public agencies and private
utilities as the City Planner determines may be concerned. Each of
the public agencies and utilities may, within 10 working days after
the map has been sent to such agency, forward to the City Planner
a written report of its findings and recommendations thereon.
(Ord. 459 § 16.12.102, 1979)
Within 50 calendar days after a tentative parcel map is filed,
the City Planner shall approve, conditionally approve, or disapprove
such map. The time limit specified in this section may be extended
by mutual consent of the subdivider and the City Planner. If the tentative
parcel map is disapproved, the reasons therefor shall be stated in
the notice of disapproval.
(Ord. 459 § 16.12.103(a), 1979)
A.
The
City Planner shall notify the subdivider of his or her preliminary
decision to conditionally approve or disapprove a tentative parcel
map, along with the conditions of conditional approval or the reasons
for disapproval, within 40 days after the tentative parcel map is
filed. If the subdivider is dissatisfied with such preliminary decision
or with any condition pertaining thereto, he or she may request in
writing that such preliminary decision be reviewed. Such request must
be received by the City Planner within 10 calendar days after the
date of the preliminary decision but in no case later than 49 calendar
days after the tentative parcel map is filed.
B.
Upon
receipt within the time prescribed of the written request for review
of a preliminary decision, the City Planner shall arrange a time and
place for such review and shall notify the subdivider and appropriate
City departments and agencies thereof. In the event that a review
cannot be arranged or completed prior to 50 days after the tentative
parcel map is filed, the request for review shall be deemed to constitute
consent of the subdivider to extend for a reasonable period the time
limit in which the City Planner must approve, conditionally approve
or disapprove the tentative parcel map. After completion of the review,
the City Planner shall render his or her final approval, conditional
approval, or disapproval of the tentative parcel map as provided in
this section.
(Ord. 459 § 16.12.103(b), 1979)
The subdivider shall be informed of the preliminary decision
and of the final decision of the City Planner by written notice. Notice
shall be deemed to have been given upon deposit of the notice in the
United States mail with postage thereon prepaid.
(Ord. 459 § 16.12.103(c), 1979)
The City Planner shall not approve a tentative parcel map under
any of the following circumstances:
A.
The
land proposed for division is a lot or parcel which is shown on a
map as described in the following subsections and which was approved
or recorded less than one year prior to the filing for approval of
the subject tentative parcel map:
1.
A
parcel map approved pursuant to this chapter and recorded in the office
of the County Recorder, or
2.
An approved tentative parcel map wherein the parcel map requirement was waived pursuant to provisions of this chapter and a certificate of compliance has been filed with the County Recorder pursuant to Section 18.72.050 or 18.72.060; provided, however, that the division of a lot or parcel containing a gross area of 10 acres or more may be approved within the one-year period if the average size of all lots shown on the map or plat creating the lot is 10 acres or more in gross area; and, further provided, that the division of any lot or parcel into not more than two lots for financing purposes only may be approved within the one-year period;
B.
The land proposed for division is a lot or parcel created illegally, unless the lot or parcel has been approved by the City Planner or on appeal by the City Council pursuant to Sections 18.72.010 through 18.72.040, and a certificate of compliance relative thereto has been filed with the County Recorder;
C.
The
subdivision proposes creation of five or more lots;
D.
The
City Planner finds that the tentative parcel map does not meet the
requirements of this chapter;
E.
The
City Planner makes any of the following findings:
1.
The
proposed map is not consistent with applicable general and specific
plans,
2.
The
design or improvement of the proposed subdivision is not consistent
with the applicable general and specific plans,
3.
The
site is not physically suitable for the type of development,
4.
The
site is not physically suitable for the proposed density of development,
5.
The
design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantial and avoidable
injury to fish or wildlife or their habitat,
6.
The
design of the subdivision or the type of improvements is likely to
cause serious public health problems,
7.
The
design of the subdivision or the type of improvements will conflict
with easements of record or easements established by court judgment,
acquired by the public at large, for access through or use of, property
within the proposed subdivision; in this connection, the City Planner
may approve a map if he or she finds that alternate easements, for
access or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public,
8.
All
requirements of CEQA have not been fulfilled.
(Ord. 459 § 16.12.104, 1979)
Whenever the City Planner or, on appeal, the City Council finds
with respect to a tentative parcel map that the land to be divided
is of such size or shape or is subject to title limitations of record
or is affected by such topographical conditions, or is in such location,
or is to be devoted to such usage that it is impossible or impractical
in the particular case for the subdivider to conform fully to the
requirements of this chapter, the City Planner, or, on appeal, the
City Council may waive or modify such requirements as deemed reasonably
necessary; provided, however, any such waiver or modification shall
be in conformity with the spirit and purpose of the Subdivision Map
Act and this chapter.
(Ord. 459 § 16.12.105, 1979)
A.
The
City Council is designated as the appeal board referred to in Section
66452.5 of the Subdivision Map Act. If the subdivider is dissatisfied
with any action of the City Planner with respect to a tentative parcel
map or boundary adjustment, he or she may appeal to the City Council
as provided in Section 66452.5 of the Subdivision Map Act.
B.
Any interested person may appeal to the City Council from any decision of the City Planner made relative to the responsibilities assigned to him or her in Section 18.44.110. Any such appellant shall be entitled to the same notice and rights regarding testimony as apply to the subdivider under Section 66452.5 of the Subdivision Map Act.
(Ord. 459 § 16.12.106, 1979)
A.
Other
provisions of this chapter to the contrary notwithstanding, the requirement
that a parcel map be prepared, filed with the City Planner, and recorded
may be waived for the following types of minor subdivisions, provided
a finding is made by the City Planner or, on appeal, by the City Council
that the proposed subdivision complies with the requirements as to
area, improvement and design, flood and water drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply
availability, environmental protection, and other requirements of
this chapter and the Subdivision Map Act:
1.
A
minor subdivision only for the purpose of leasing the lots resulting
from such subdivision;
2.
A
minor subdivision wherein each resulting lot or parcel was previously
a legally created separate lot under separate ownership but which
subsequently came into the same ownership as adjoining parcels such
that the total quantity of real property under the same ownership
is shown on the latest equalized county assessment roll as a unit
or contiguous units.
B.
An applicant for a subdivision pursuant to subsection (A)(1) of this section shall file a tentative parcel map pursuant to this chapter together with a written request that the parcel map requirement be waived. An applicant for a subdivision pursuant to subsection (A)(2) of this section shall pay the fee prescribed by Chapter 18.76 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the City Planner to enable the City Planner or, on appeal, the City Council to make the finding required by this section. The processing of any application pursuant to subsection (A)(2) of this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative parcel maps. In any case where waiver of the parcel map is granted by the City Planner or, on appeal, by the City Council the City Planner shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 18.72.
(Ord. 459 § 16.12.107, 1979)
Within three years after the approval or conditional approval
of the tentative parcel map, the subdivider may file with the City
Planner a parcel map in substantial conformance with the tentative
parcel map as approved or conditionally approved and in conformance
with the Subdivision Map Act and this chapter; provided, however,
that if prior to the expiration of said three years, the subdivider
files with the City Planner a written request for an extension, the
City Planner or, on appeal, the City Council may at any time prior
to 90 days of the expiration of said three years grant an extension
not exceeding two years. In the event the City Planner denies a subdivider's
request for extension of time, the subdivider may appeal to the City
Council.
(Ord. 459 § 16.12.108, 1979; Ord. 546 § 1, 1981; Ord. 596 § 1, 1982)
A.
Where a subdivider desires to refile a tentative parcel map after
proceedings thereon have terminated by reason of the expiration of
the time allowed for filing the parcel map, such tentative map may
be refiled upon payment of a fee in an amount as set forth in the
City's Master Fee Schedule, provided the Director determines
that all of the following conditions are present:
1.
No part of the land shown on the approved tentative parcel map
has been sold or transferred.
2.
Establishment of the street pattern or lot design shown on the
approved tentative parcel map has not been made impractical or impossible
by the installation of utilities, establishment of easements or rights-of-way,
or the construction or establishment of buildings or structures on
land within the map or adjacent thereto.
3.
No final map or parcel map conflicting with the design or location
of streets shown on the approved tentative parcel map has been recorded
or filed for record.
4.
Establishment of the street pattern or lot design shown on the
approved tentative parcel map has not been made impractical or impossible
by the approval of any other tentative map or tentative parcel map.
5.
No plan or ordinance has been adopted, no regulation established
and no annexation to a city or incorporation of a city has taken place
since the approval or conditional approval of the approved tentative
parcel map which would require any change in the size, shape or design
of the lots or the location, alignment, width or improvement of the
streets within the map or adjacent to the boundaries thereof.
6.
No inspection of the property by any City officer or department
will be required other than to determine that the above enumerated
conditions are present.
7.
No extension of time shall have been granted for such tentative map pursuant to Section 18.44.200.
8.
Not more than one year shall have elapsed since the expiration
date of the first tentative parcel map.
B.
The Director may require an affidavit of the subdivider that the
conditions specified in subsections (A)(1) and (2) are true.
C.
A tentative parcel map filed pursuant to this section shall expire
24 months from the date on which the first tentative parcel map expired.
(Ord. 596 § 2, 1982; Ord. 2023-1235, 10/18/2023)
