A. 
Subdivision Defined. For the purpose of Chapter 21.28, anything in Section 11535 of the Business and Professions Code to the contrary notwithstanding, a subdivision is hereby defined to be any parcel of real property, improved or unimproved, or a portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided for the purpose of sale, or lease, or any other purpose, whether immediate or future, by any subdivider into two, three or four parcels.
B. 
Applicability. The provisions of Chapter 21.28 are intended to apply to subdivisions of less than five lots and to afford a simplified procedure for such subdivisions.
C. 
Subdivisions Where One New Lot Is Created. When the minor subdivision involves only the creation of one new lot, the tentative map shall be considered by the Zoning Administrator if:
1. 
The subdivision conforms with all requirements of the Zoning Ordinance as codified in Title 20; and
2. 
The subdivision conforms with all requirements of the Subdivision Ordinance as codified in Title 21.
If either Conditions 1 or 2 are not met, the subdivision shall be processed as specified in Chapter 21.36.
D. 
Subdivisions Where Two, Three or Four Lots Are Being Created. When the minor subdivision involves the creation of two, three or four lots, the tentative map shall be considered by the Planning Commission.
For purposes of this section, the map filed shall meet the requirements of Section 21.28.020 of this chapter.
(Ord. 447 § 7.1; Ord. 561 § 2; Ord. 631 § 3; Ord. 932 § 12, November 20, 1979; Ord. 1039 § 1, August 5, 1985)
Every person desiring to subdivide a parcel of real property in the City into two, three or four separate lots or parcels, shall first file with the Planning Department of the City six signed legible copies of a map thereof on sheets of good paper or tracing cloth 8-1/2 inches in width and 11 inches in length. Said map shall show the following detail:
A. 
Names and addresses of record owner, subdivider and engineer or surveyor;
B. 
Date, north point and scale;
C. 
Location and width of all public and private streets, alleys and all other easements lying within the property to be subdivided, with public or private status indicated thereon;
D. 
The boundaries of lot or lots proposed to be subdivided and the proposed division or resubdivision, plan, together with metes and bounds data set forth on present lots as well as proposed lots;
E. 
The exact area in square feet of each proposed parcel;
F. 
The lot designation by letter or number on each proposed lot division or subdivision;
G. 
Designation on each proposed lot of a building site, garage and/or carport location, together with an off-street parking area, sufficient to show that each parcel can be developed without requiring variances under current zoning ordinances;
H. 
The exact location of each existing building or other improvement within the property to be subdivided;
I. 
Approximate location of areas subject to inundation of stormwater overflow, and the location, width and direction of flow of all watercourses, including tidal waters;
J. 
A land use map of contiguous areas in the same ownership may be required when necessary;
K. 
Before the subdivision shall become effective, and the subdivider shall enter into an agreement with the City that he or she will use the subdivided lots in accordance with the said lot subdivision approved by the City, that he or she will construct any improvements which may be required in connection with the approval of the subdivision, and that he or she will dedicate or otherwise set aside to the satisfaction of the City all land areas which may be required for easements, public streets or other public use;
L. 
At the time of filing the proposed subdivision map, the applicant shall pay to the City a filing fee in an amount established by resolution to be adopted by the City Council.
(Ord. 447 § 7.2; Ord. 485; Ord. 545; Ord. 561 § 3; Ord. 658 § 1; Ord. 788 § 9; Ord. 932 § 13, November 20, 1978)
As a condition of the approval of any subdivision containing less than five lots the City may impose reasonable requirements that the subdivider construct improvements of the kind described in Chapter 21.12.
(Ord. 447 § 7.2; Ord. 561 § 4, July 2, 1963)
On receipt of such map, the Planning Commission or Zoning Administrator shall promptly refer the same to the City Engineer for his or her examination and recommendation. The City Engineer shall ascertain whether or not the lots are of the width and area prescribed by this title and other ordinances of the City of Mill Valley, whether said lots have been provided with easements of adequate width and proper location and design for sanitary sewage, drainage, and other public utility purposes, and whether the subdivider should be required to make any improvements of the kind described in Chapter 21.12. After examining said map, the City Engineer shall make his or her recommendation either approving or disapproving said map and report his or her action in writing to the Planning Commission or Zoning Administrator.
(Ord. 447 § 7.3; Ord. 561 § 5; Ord. 932 § 15, November 20, 1978)
A. 
Approval. The Planning Commission or Zoning Administrator shall thereupon meet and consider said map, together with all reports pertaining thereto, and shall approve, conditionally approve, or disapprove the same. One copy of a memorandum setting forth the action of the Planning Commission or Zoning Administrator shall be sent to the subdivider. The Planning Commission or Zoning Administrator shall report its action on the subdivision to the City Council. Should the Planning Commission or Zoning Administrator find that one or more conditional exceptions to the requirements and regulations set forth in this title are, in their opinion, justified under the findings of fact set forth in Chapter 21.36, it shall recommend such exceptions to the City Council, and the map shall thereafter be processed under that section. The report of the Planning Commission or Zoning Administrator shall, as a condition to their recommendation, request the City Council to require the owner of said land to enter into an agreement with the City of Mill Valley embodying all of the conditions to be imposed upon the approval of said subdivision and to cause said agreement to be placed of record in the County Recorder's office. The City Council shall act upon the report of the Planning Commission or Zoning Administrator within 10 days or at its next succeeding regular meeting after receipt of such report. Upon final approval of a subdivision map by the City Council, an approved copy of said map shall be forwarded to the City's Building/Zoning Code Inspector and the County Assessor of the County of Marin. One approved copy of said map shall be retained in the office of the Planning Commission or Zoning Administrator.
B. 
Modifications. In the event the Planning Commission or Zoning Administrator finds that said map does not comply with the ordinances of the City of Mill Valley, and that no conditional exceptions are justified, it shall notify the applicant in writing to modify said map so that it will comply with said ordinances. Should the Planning Commission or Zoning Administrator find that said map cannot be made so to comply, or should the applicant refuse to comply with the necessary modifications required by the Planning Commission or Zoning Administrator to make it comply with existing ordinances, the Planning Commission or Zoning Administrator shall thereupon reject said map and forthwith notify the applicant by mail of such rejection.
(Ord. 447 § 7.4; Ord. 561 § 6; Ord. 932 § 16, November 20, 1978)
A. 
Approval. The City Council, at its regular meeting next subsequent to its receipt of a notice of appeal filed pursuant to Chapter 20.100 shall hear such evidence as may be introduced concerning said appeal and make its findings thereon. If the Council finds from the evidence that such map complies with all of the legal requirements of the ordinances of said City, it shall approve said map and advise the Planning Commission of its approval. If the Council finds that such map does not conform to all of the legal requirements it must order its modification so to conform, or its rejection. The findings and action thereon of the City Council shall be final and conclusive. In the event of the approval of such map by the Council, the City Clerk shall forthwith notify the applicant, by mail, and shall forthwith deliver, in person or by mail, for filing, one copy of such map to each of the following: to the Director of Planning and Building, the City Engineer and to the County Assessor of Marin County.
B. 
Rejection. In the event of rejection or modification of such map by the City Council, said City Clerk shall forthwith notify the applicant by mail. In the event modification has been ordered by the Council, such applicant may thereupon amend or modify such map in accordance with the action of the Council or prepare a new map and file six copies thereof with the City Planning Commission as provided in this section. The same procedure provided in this section with reference to the filing, approval, rejection or modification of the original map shall be followed with reference to such amended, modified or new map. In the event the Council has rejected such map, the applicant, his or her successors and assigns, shall be barred for a period of one year from the date of such rejection from again applying for the filing of a map for a subdivision of such real property or any part thereof.
(Ord. 447 § 7(a-b); Ord. 932 § 18, November 20, 1978)
Prior to the sale, lease or financing of any parcel in a subdivision covered by this chapter the subdivider shall file in the office of the County Recorder, a parcel map as required by Sections 11535, 11575—11580 of the Business and Professions Code of the State of California.
(Ord. 447 § 4.7(c); Ord. 658 § 2; Ord. 932 § 19, November 20, 1978)
Other provisions of this chapter to the contrary notwithstanding, the Zoning Administrator may waive the requirements of Sections 21.28.020 and/or 21.28.080 for the following types of subdivision, provided a finding is made 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, and where adequate information exists to determine the boundaries of the subject parcels:
A. 
A subdivision for the sole purpose of leasing the lots resulting from such subdivision;
B. 
A subdivision wherein each resulting lot or parcel was previously approved by the City of Mill Valley or otherwise legally created as a legal building site, but which subsequently came into the same ownership as an adjoining parcel or parcels such that the lots or parcels are shown on the last equalized county assessment rolls as a unit or contiguous units.
An applicant for a subdivision pursuant to subsection A of this section shall file a subdivision map pursuant to Section 21.28.020, together with a written request that the recordation of a parcel map pursuant to Section 21.28.080 be waived. An applicant for a subdivision pursuant to subsection B of this section shall file an application and request for a waiver of the requirements of Sections 21.28.020 and 21.28.080, which application shall contain sufficient information to enable the Zoning Administrator to make the finding required by this section. Such application shall be accompanied by a fee in an amount to be fixed by resolution adopted by the City Council. A decision of the Zoning Administrator on such applications shall be subject to the appellate procedure set forth in Chapter 20.100. In any case where a waiver of requirements of Section 21.28.080 is granted under this chapter, the Zoning Administrator may cause to be filed for record with the County Recorder a certificate of compliance as provided by the Subdivision Map Act.
(Ord. 834 § 1; Ord. 856 § 1; Ord. 932 § 19, November 20, 1978)