Every subdivider proposing to create a minor subdivision shall
comply with the procedure and requirements contained in this chapter.
(Ord. 87-10; Ord. 2019-10)
Unless otherwise provided in this title, tentative parcel maps shall be subject to the requirements and procedures applicable to tentative maps contained in Chapter 24.50.
(Ord. 87-10; Ord. 92-14; Ord. 2019-10)
Any person shall be eligible to file a minor subdivision application
to create four or fewer parcels on a parcel of land when:
A.
Such
parcel has been created legally or has been approved for development;
B.
The
applicant or owners by their current application will not have created,
caused to be created, or participated in the creation of more than
four parcels on contiguous property unless such parcels were created
by the major subdivision process. For purposes of interpreting this
section, the term "participated" shall mean having cooperated with
or acted in a planning, coordinating or decision making capacity in
any formal or informal association or partnership for the purpose
of dividing real property;
C.
Such
minor subdivision is consistent with all applicable adopted general,
community and subarea plans; and
(Ord. 87-10; Ord. 92-14; Ord. 2019-10)
The applicant or owner shall certify or declare under penalty
of perjury that he or she is eligible to divide property by the minor
subdivision process. Prior to issuing any notice of approval, the
Development Services Director (hereinafter "Director") shall review
the certification or declaration and any other pertinent information
and determine the eligibility of the applicant or owner to divide
property by the minor subdivision process. If the Director determines
that there is evidence that the eligibility requirements have not
been met, or that there is evidence that the transactions relating
to the subdivision may have been collusive or for the purpose of evasion
of the Act or this title, the Director shall require documentary evidence
to establish that the applicant or owner meets the requirements and
that the transactions are or were bona fide transactions and not intended
to evade the Act or this title. As determined by the Director, such
evidence shall include, but is not limited to, true copies of escrow
instructions, grant deeds and offers to purchase and such statements
under oath satisfactory to the Director to establish that the applicant
or owner has acquired the property by a legitimate arm's length transaction.
Such statements shall cover such matters as the adequacy of consideration
for the transactions, whether the transfer was to a close relative
or business associate, the retention of control or financial interest
in the transaction, or any other matter necessary to establish that
the transaction is not part of a conspiracy or plan to evade the Act
or this title.
(Ord. 87-10; Ord. 2003-08; Ord. 2019-10)
Under the circumstances and subject to the provisions specified
in this section, in lieu of the requirements to file and receive approval
of a tentative and final parcel map and to record a final parcel map,
a subdivider may file for approval of a parcel map waiver.
A.
A parcel
map waiver may be applied to the following type of subdivision:
1.
A
condominium conversion when no new units or lots are being created.
B.
Prior
to approval of a parcel map waiver, the following finding shall be
made: The proposed condominium conversion complies with requirements
as to area, on-site improvements, design, access, floodwater drainage
control, adequate boundary monumentation, dedications of right-of-way,
payment of development fees, appropriate improved public streets and
other offsite improvements, sanitary disposal facilities, water supply
availability, fire protection facilities, environmental review and
protection, grading, and any and all other requirements of this title
and the state Subdivision Map Act which would be applicable to review
and approval of a tentative final parcel map.
C.
For purposes of consideration of a parcel map waiver application, the Director shall be the authorized agency. Any determination of the Director may be appealed to the next higher approval authority as provided under this title pursuant to Chapter 1.12.
D.
An
application for a parcel map waiver shall be submitted on such form
and with such material as shall be determined by the Director. Such
material shall include a parcel map waiver plat which shall provide
all information required by this title to be provided on a tentative
parcel map. Such fee as may be adopted by the City for a parcel map
waiver application shall be paid. The application shall be distributed
for review and comment as determined by the Director. Such distribution
shall include review by the City Engineer to determine compliance
with technical requirements applicable under the state Subdivision
Map Act.
E.
After receipt of all comments and review of the proposed subdivision, the Director shall determine if the required findings can be made and the application for parcel map waiver is approved or denied. Prior to any determination of approval, acceptance by the City Engineer by signature on the Final Parcel Map waiver plat shall be obtained. A letter of determination shall be provided to the applicant. An approval shall be valid for a period of one year from the date of approval, within which time the remaining procedures under subsection F of this section shall be completed, otherwise the approval shall expire.
F.
If
no appeal is filed or if approval is granted after an appeal, upon
notification of approval the applicant(s) for a parcel map waiver
shall have a site survey done and have a record of survey prepared
and recorded at the County Recorder's office. The applicant(s) shall
also have prepared and recorded new deeds of property ownership. The
applicant(s) shall deliver to the Director copies of the recorded
record of survey plat and the recorded deeds of ownership. Upon confirmation
that these instruments are in substantial compliance with the parcel
map waiver application as approved, the Director shall have prepared
and recorded a certificate of compliance. Recordation of the certificate(s)
of compliance shall complete the parcel map waiver process for an
approved application.
(Ord. 88-10; Ord. 92-14; Ord. 92-39; Ord. 2017-03; Ord. 2019-10; Ord. 2022-07)
A.
A tentative
parcel map shall expire 24 months after its approval or conditional
approval unless extended by law or City action.
B.
Upon
application received prior to the expiration of the tentative parcel
map, the Director may extend the time of expiration for a period not
to exceed one year from the date of expiration of the tentative parcel
map. No more than three such time extensions may be granted to any
tentative parcel map. The Director shall consider the current circumstances
of the subdivision, the site and the surrounding area. The tentative
parcel map for which an extension is granted and conditions of approval
shall remain substantially unchanged from the tentative parcel map
as originally approved. A need to alter or add conditions, attach
additional development fees, or alter map design or number of units
shall be grounds for denial of the time extension; the applicant may
file for a new tentative parcel map review and approval.
C.
Upon an application by the subdivider to extend a tentative parcel map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the Director denies a subdivider's application for an extension, the subdivider may appeal to the legislative body pursuant to Chapter 1.12.
(Ord. 92-14; Ord. 92-39; Ord. 2022-07)
