A.
A tentative
and final map shall be required for all subdivisions creating five
or more lots or units, except where:
1.
The
land before division contains less than five acres, each lot created
by the division abuts upon a maintained public street or highway and
no dedications or improvements are required by the legislative body;
or
2.
Each
lot created by the division has a gross area of 20 acres or more and
has an approved access to a maintained public street or highway; or
3.
The
land consists of a lot or lots of land having approved access to a
public street or highway which comprises part of a tract of land zoned
for industrial or commercial development, and which has the approval
of the Council as to street alignments and widths; or
4.
Each
lot created by the division has a gross area of not less than 40 acres
or is not less than a quarter section.
B.
A tentative
parcel map and parcel map shall be required for all subdivisions for
which a tentative and final map are not required, except where the
parcel map is waived as hereinafter provided or where the subdivision
is a portion of the operating right-of-way of a railroad corporation
defined as such by Section 230 of the Public Utility Code, which are
created by short-term lease terminable by either party on not more
than 30 days' notice in writing.
D.
A map
is not required for the sale of the entirety of a designated remainder,
however, a certificate of compliance, or conditional certificate of
compliance, shall be required.
(O4060)
A.
Except
as may be specifically set forth in this title, vesting tentative
and vesting tentative parcel maps shall be processed in accordance
with the procedures and regulations governing non-vesting tentative
and tentative parcel maps.
B.
Approval
of a vesting tentative or vesting tentative parcel map shall confer
a vested right to proceed with development in accordance with the
provisions of Chapter 4.5 (commencing with Section 66498.1) of Division
2 of Title 7 of the Government Code. Such rights shall last for one
year beyond the recording of the final or parcel map.
(O4060)
A.
The
Planning Commission may waive the requirement for a parcel map provided
it finds that the proposed division of land complies with requirements
as to area, improvement and designs, 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 State Subdivision Map Act.
The Planning Commission shall waive a parcel map for land conveyed
to or from a government agency, public entity, public utility or for
land conveyed to a subsidiary of a public utility for conveyance to
such public utility for rights-of-way, unless a showing is made in
individual cases, upon substantial evidence, that public policy necessitates
such a parcel map.
B.
When
the requirement of a parcel map is waived, but dedication for the
purposes of street widening is necessary, such dedication shall be
made by a separate instrument which shall be recorded.
C.
A tentative
parcel map and deeds shall be approved and dedications made before
a parcel map may be waived.
(O4060)
A.
A lot
line adjustment map may be submitted and approved between four or
fewer parcels whereby land taken from one parcel is added to an adjoining
parcel and does not create a greater number of lots than originally
existed if each of the proposed lots meets all the requirements of
local building and zoning ordinances.
B.
Applicants
for a lot line adjustment approval shall submit to the Community Development
Department a completed application form signed by all parties having
a record title interest in the involved property along with a lot
line adjustment map showing the boundaries of the lots, both existing
and proposed, the location of existing structures and such other information
as may be required by the department. These documents shall be accompanied
by the required fees and deposits.
C.
The documents submitted shall be reviewed by the Assistant City Manager for Development Services. If the Assistant City Manager for Development Services finds that each condition set forth in subsection A is met, the lot line adjustment shall be approved or conditionally approved. The Assistant City Manager for Development Services may impose conditions on the approval to conform to local zoning and building requirements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the Assistant City Manager for Development Services shall be final unless appealed to the City Council as provided in subsection D below.
D.
Any decision taken under subsection C above shall be published once in a newspaper of general circulation in the city. In addition, the Community Development Director shall give notice of any such decision to adjacent property owners. Any interested party may appeal such decision to the Council by filing with the Community Development Department a written statement setting forth the grounds of appeal within 10 days of the date of publication of such decision. The Council shall, by resolution, approve the lot line adjustment if it finds that each condition set forth in subsection A is met. The Council may condition its approval to conform to local zoning and building requirements, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.
E.
Following
approval of the lot line adjustment and after satisfying all conditions
of approval, the applicant shall submit to the Community Development
Department for review and approval either a record of survey or revised
deeds for transfer of the property and thereafter shall record the
documents and submit copies of the recorded documents to the Community
Development Department. In lieu of satisfying development conditions,
the applicant may post a bond satisfactory to the City in form and
amount to secure applicant's agreement to satisfy development conditions.
F.
A lot
line adjustment approval shall be valid for one year from the date
of approval, and if the revised lots are not a matter of record within
that one-year period, the approval shall expire.
(O2008 8)
