Article V — A. - Minor Land Divisions

Notwithstanding any other provisions in this article, "minor land division" refers to a division of land resulting in a "lot-split" in an established subdivision with previously determined boundary lines. Minor land division shall not refer to any unsubdivided land or any "lot-split" wherein the planning director cannot

establish, with certainty, the property boundary lines of such property to be divided. It is hereby declared that lot line adjustments shall not be considered as minor land divisions for the purpose of this article.

(Ord. No. 325, § 23-31.1; Ord. No. 326, § 23-31.4(a).)

The initial action in connection with the making of a minor land division shall be preparation of a tentative map or maps.

(Ord. No. 325, § 23-31.2.)

Tentative maps for minor land divisions shall be on forms approved by the city council and provided by the planning director and need only contain the information required on such forms, the criteria for which shall be set forth by the city council by a duly adopted resolution. As many copies shall be submitted as may be required by the planning director. Each tentative map shall be accompanied by a filing fee of twenty-five dollars.

(Ord. No. 325, § 23-31.3.)

The planning director shall review the proposed minor land division and ascertain whether it complies with state and local requirements, including those relating to area, improvement and design, flood and water drainage control, appropriate public roads, access and utility easements, sanitary disposal facilities, water supply availability, and environmental protection. Within twenty days from the filing of such tentative map, the planning director may waive the requirements of the filing of a parcel map or may require the filing of such parcel map. Any applicant who is dissatisfied with the decision of the planning director may, within fifteen days, appeal the decision to the city planning commission for consideration at its first meeting thereafter, to determine whether the recommendation of the planning director should be approved and whether or not there should be a waiver of the filing of a parcel map, and whether or not such waiver should be with or without conditions.

(Ord. No. 325, § 23-31, 4; Ord. No. 326, § 23-31.4.)

If the commission finds that all state and local requirements have been complied with, and if it further finds that no public interest would be served by the filing of a parcel map, the commission shall waive the filing of a parcel map. The commission may annex reasonable conditions to such waiver.

(Ord. No. 325, § 23-31.5.)

If the commission waives the filing of a parcel map, the planning director shall cause to be recorded with the Modoc County recorder a certificate of compliance pursuant to the Business and Professions Code,

section 11538.3. If the commission waives the filing of a parcel map, but annexes conditions thereto, the planning director shall not record such certificate of compliance until such conditions have been complied with. If the commission does not waive the filing of a parcel map, tentative and final parcel maps must then be filed.

(Ord. No. 325, § 23-31.6.)

Whenever any applicant is dissatisfied with any action taken by the planning commission relative to minor land divisions, he may appeal such action to the city council. Appeals shall be taken by filing, within five days of notification of the action taken by the planning commission, a notice of appeal and a statement of the grounds therefor. The city council shall consider the matter no later than its second regular meeting from the date of the filing of the notice of appeal. At such time as the matter comes before the council, the council may take it under submission and render a decision at its next ensuing meeting.

(Ord. No. 325, § 23-31.7.)

This article is an urgency measure necessary for the immediate preservation of the public peace, health or safety within the meaning of section 25123 of the Government Code of the state and shall take effect immediately. The facts constituting such necessity are: Chapter 706 of the Statutes of 1972 imposes expanded standards of review upon regulatory agencies respecting developments which are the subject of this article, and permits the enactment of local ordinances which waive existing requirements for the submission of tentative maps for certain divisions of land. Because no standards for such review have been adopted heretofore by the city, and because of the large numbers of land developments proposed, and to afford a procedure for the waiver of submission of certain maps, this article must take effect immediately upon its adoption.

(Ord. No. 325, § 23-31.7; Ord. No. 326, § 23-34.4(a).)

Footnotes:

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2. Editor's note. —The adoption date of Ordinance No. 325 is May 14, 1973. The adoption date of Ordinance No. 326 is July 9, 1973.