Chapter 16.12 — MINOR SUBDIVISIONS

The provisions of this Section and the Subdivision Map Act shall govern the necessity for minor subdivision plot plan, tentative and parcel maps.

A. A tentative map may be required and a parcel map shall be required for subdivisions where a final map is not otherwise required by this Title, unless waived pursuant to this Title, and further provided that a parcel map shall not be required for subdivisions created, pursuant to Government Code 66428, by short-term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230, or land conveyed to or from a governmental agency, public entity, common carrier, 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. A parcel map shall not be required for the construction of a condominium project or for the conversion of an existing structure to a condominium on a single parcel shown on a final map or parcel map recorded after January 1, 1960, provided, however, the planning officer may require that a parcel map be filed for the purposes of obtaining improvements, additional easements and dedications, or other circumstances which warrant the filing of a new map. C. The planning director except as otherwise provided may waive the requirement for a parcel map, where two (2), three (3), or four (4) parcels and any remainder parcel are involved, and the smallest parcel created is two and one-half (2-1/2) gross acres or a two and one-half (2-1/2) one-half (1/2) acre aliquot part of a section or greater; provided said director has made a finding that the proposed division of land complies with the requirements as to: (1) area, (2) improvement and design, (3) flood water drainage control, (4) appropriate improved public roads, (5) sanitary disposal facilities, (6) potable water supply availability, (7) environmental protection, (8) other requirements of Title, (9) the Subdivision Map Act, (10) other applicable ordinances of the City, and (11) adequate survey data exists to properly identify the property as determined by the City Engineer. A record of survey recorded after January 1, 1983, shall not constitute adequate survey data to permit a waiver of the requirement for a parcel map. The finding shall be based upon evidence, information and recommendations of the development review committee or individual development review committee member acting within the departmental area of expertise.

erty as determined by the City Engineer. A record of survey recorded after January 1, 1983, shall not constitute adequate survey data to permit a waiver of the requirement for a parcel map. The finding shall be based upon evidence, information and recommendations of the development review committee or individual development review committee member acting within the departmental area of expertise.

D. The planning director shall not waive a parcel map as a condition of approval of a vesting tentative parcel map. E. Where the requirement for a parcel map is waived pursuant to provisions of this Section, a tentative map may be required by the planning director. The planning director may establish application procedures for subdivisions which are not subject to the requirement for tentative and final maps.

F. When a parcel map rather than a final map is required by this Title, the subdivider has the option of submitting a tentative map.

G. The subdivider shall submit a tentative map in place of a minor subdivision plot plan to obtain the rights conferred by the Subdivision Map Act and this Title, for a vesting tentative map.

H. The requirements of Section 16.08.010.E., F. and G. shall apply to the filing of parcel maps for the conversion of residential real property to another use.

The content and form of the minor subdivision plot plan and applications shall be governed by the provisions of this Section.

A. Standards and Preparation. The plot plan shall be prepared in conformance with the Subdivision Map Act and any procedures established by the City and/or the County Land Management Department as adopted by the Board of Supervisors.

The content and form of parcel maps shall be governed by the provisions of this Section.

A. Standards and Preparation. The parcel map shall be prepared by, or under the direction of, a registered civil engineer licensed to practice land surveying or licensed land surveyor; shall show the location of streets and property lines bounding the property; and shall conform to all of the following provisions and adopted City standards.

1. The parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Certificates, affidavits and acknowledgments shall be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

2. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

3. Each lot shall be numbered and each street shall be named.

4. The exterior boundary of the land included within the subdivision shall be indicated as an opaque ink line three (3) times as wide as the widest line on the map excluding the border line. The map shall show the location of each parcel and its relation to surrounding surveys.

5. If the map includes a remainder parcel and the gross area of the remainder parcel or similar named parcel is five (5) acres or less, it shall be surveyed and mapped. If the remainder parcel or similar named parcel is more than five (5) acres, that parcel shall show record information and parcel size only.

6. Existing natural drainage courses and proposed drainage easements, as necessary, shall be shown on the parcel map.

7. Additional notes which do not affect record title interests shall not be shown on the parcel map. Where a composite development plan has been required, a prominent note shall be placed below the surveyor’s notes on the parcel map in one-quarter (1/4) inch high, bold block letters, stating:

COMPOSITE DEVELOPMENT PLAN NOTE:

A Composite Development Plan (C.D.P.) affecting this map is on file in the Building and Safety Department.

8. In the case of a vesting tentative map for a parcel map, at the time it is filed it shall have printed conspicuously on its face “Vesting Tentative Parcel Map.”

B. Parcel Number. Prior to filing a parcel map, a licensed engineer or surveyor shall obtain a number or numbers from the County Recorder.

C. Certificates on Parcel Maps. The certificates on parcel maps shall be as required by the City Engineer’s standards and adopted by the City Council.

1. Subject to the provisions of the Subdivision Map Act, a certificate, signed and acknowledged by the legal owner of record in the real property subdivided, consenting to the preparation and recordation of the parcel map is required.

2. Offers to dedicate interest in real property for specified public purposes shall be made by a certificate on the parcel map, signed and acknowledged by the legal owner of record in the real property being subdivided, subject to the provisions of the Subdivision Map Act. The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

However, with respect to a division of land into four (4) or fewer parcels, where dedications or offers of dedications are not required, the certificate shall be signed and acknowledged by the legal owner of record only.

3. In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors Act, except in the case of reversion to acreage.

4. The parcel map shall contain a certificate for execution by the City Engineer, stating that the City Engineer approved the map and accepted, subject to improvement, or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. The City Engineer is empowered to accept such dedications on behalf of the City and County Flood Control District.

The provisions for the review of minor subdivision, plot plans, tentative and parcel maps shall be as required in Section 16.08.040 of this Code, unless otherwise indicated in that Section.

This Section shall govern the procedures for the processing, approval, conditional approval, and disapproval of an application to subdivide land into four (4) lots or less with or without a remainder parcel, or more when a parcel map has been required in lieu of a final map and filing parcel maps.

A. Filing Advance Copy of Parcel Map. Where the filing of a parcel map is required pursuant to this Title 16 after the approval or conditional approval of the tentative parcel map or minor subdivision plot plan application as provided by this Title 16, the subdivider may cause the real property included within the map to be surveyed and a parcel map thereof shall be prepared in accordance with the approved tentative parcel map or minor subdivision plot plan application, and an advance copy of said parcel map to be filed with the City Engineer.

The advance copy of the parcel map shall be accompanied by the following information:

1. Preliminary title report;

2. Fees in the amount specified in the City fee schedule;

3. Composite development plan;

4. Such additional information as required by the planning agency or approved City standards.

B. Filing Official Copy of Parcel Map. The parcel map shall not be officially filed until the engineer or surveyor has received notification that all provisions of the tentative parcel map or minor subdivision plot plan approval, the Subdivision Map Act, and City standards have been complied with and an advance copy of the parcel map has been approved by the City Engineer in accordance with the provisions of this Chapter.

C. Appeal. Any decision of the planning agency can be appealed as provided in Section 16.08.040.H.

D. Expiration of Approval and Time Extensions on Approved Minor Subdivision Plot Plans and Vesting Tentative Parcel Maps. An approved or conditionally approved minor subdivision plot plan and vesting tentative parcel maps shall expire and may be extended within the time periods as provided in Sections 16.08.040.E. and F.

E. The filing and recording of a parcel map shall be subject to the requirements of Section 16.08.050.G. where applicable.

The conditions for subdivisions for which a tentative and final map are not required shall be as follows: A. Improvements Consistent with Established Pattern. Improvements shall be limited to the dedication of flood control right-of-way easements and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on 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 parcel map being filed for record. However, such improvements shall be consistent with the pattern established in the area, and further provided that in no case shall the required improvements be greater than required for subdivisions requiring a final map.

Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for the development of the parcel is issued by the County or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the County except that, in the absence of such an agreement, the County may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the County that fulfillment of the construction requirements is necessary for reasons of:

1. The public health and safety; or,

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. B. Subdivision with Lot Sizes of Less Than Two and One-half (2-1/2) Acres. Improvements, consistent with the pattern established in the area, may be required as a condition of approval for a subdivision containing any lot less than two and one-half (2-1/2) gross acres. Improvements may include paving, curbs, gutters, sidewalks, water supply, approved sewage disposal and drainage works, provided, however, that in no case shall the required improvements be greater than required for subdivisions with comparable lot sizes. If improvements have not been installed at the time final approval is requested, a bond in an amount equal to the estimated cost of the improvements plus ten percent (10%) shall be posted with the County Land Management Department.

C. The conditions of approval regarding access that are referenced in Section 16.08.060 shall apply to subdivisions for which a final map is not required.