Antioch Municipal Code Art. 12 Minor Subdivisions; Parcel Maps

(A) If an applicant proposes to divide a parcel into four or less lots, or divide a parcel which comes within the provisions of subsections (a), (b), (c), or (d) of § 66426 of the Subdivision Map Act, an application for an exception from the requirements of this chapter may be made to the Engineering Division. The application shall specifically set forth each item upon which an exception is requested. The application, in addition to other matters that may be required by the Engineering Division, shall contain the following:

(1) Information. Sixteen copies, plus additional copies as required, of a minor subdivision map containing the following information:

(a) The parcel being divided, clearly and legibly drawn on one or more sheets to a standard engineer's scale of 1" = 20', 1" = 40', or 1" = 100';

(b) A perimeter description of the entire parcel, together with intersecting property lines, abutting public and private roads, easements, and drainage installations adjoining the parcel;

(c) A vicinity sketch showing the roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and to show its relation to the surrounding area;

(d) A north arrow and scale of the map;

(e) All existing buildings and structures and the approximate locations of other improvements, existing contours, easements, drainage channels, and other structures and the general direction of the flow of storm waters;

(f) The names of adjacent property owners (not the applicant);

(g) The file number, to be issued by the Engineering Division when the map is submitted;

(h) The proposed layout of streets and lots, the lot numbers, and the areas of the lots shown on the map;

(i) The names, addresses, and tele-phone numbers of the applicants and owners;

(j) The method of sewage disposal and the source of water supply;

(k) Each item for which a variance is requested and the specific reasons for the request; and

(l) A proposed grading plan or a state-ment of grading as required by the City Engineer.

(2) Fees. The application fee shall be $30. However, the fee shall be reduced to $20 when applicable under the provisions of § 9-4.1205 of this article.

(3) EIR and General Plan conformance. The applicant shall comply with the Environmental Impact Report and General Plan Conformance set forth in Cal. Gov't Code §§ 65402 and 66473.5.

(B) The provisions of this section and the following sections regarding parcel maps shall be inapplicable when such maps propose a lot line adjustment between two or more adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created provided the lot line adjustment is approved by City Engineer and the lots created, in all other respects, will comply with legal requirements.

('66 Code, § 9-4.1201) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 358-C-S, passed 2-23-78; Am. Ord. 943-C-S, passed 8-11-98)

(A) The Commission shall hold a duly noticed public hearing on the minor subdivision map within 50 days after the filing of the map and shall render a decision within 30 days, unless additional time is consented to by the subdivider and the Commission. In the event the map is disapproved, such report shall set forth the basis of disapproval.

(B) The Commission shall consider the appli-cation of the subdivider for exceptions to the provisions of this article.

('66 Code, § 9-4.1202) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 439-C-S, passed 2-21-80)

The approval of the Commission of any exception or variance shall expire within one year after the date of approval. Upon request, the Commission may grant a one-year extension of time.

('66 Code, § 9-4.1203) (Ord. 275-C-S, passed 3-11-75)

Appeals from decisions on exceptions or variances on minor subdivision map considerations shall be in accordance with the provisions of § 9-5.607 of Article 6 of Chapter 5 of this title.

('66 Code, § 9-4.1204) (Ord. 275-C-S, passed 3-11-75)

If all of the following conditions are met by the application, the Engineering Division may grant an exception from the requirement of submitting a minor subdivision map without submission to the Commission:

(A) No more than two lots are proposed to be created and each of such lots cannot be further divided under the existing zoning classifications;

(B) Both lots, after divisions, will front on, or have access to a public or dedicated street;

(C) Dedication is not required for widening, extending, or creating a street; and

(D) The lots created will, in all other respects, comply with legal requirements.

('66 Code, § 9-4.1205) (Ord. 275-C-S, passed 3-11-75)

(A) The parcel map shall be filed for minor subdivisions and shall be prepared from a field survey by a registered civil engineer or licensed land surveyor, except when parcels greater than five acres are created, or, with the City Engineer's approval, when adequate field control and field survey information exists, the map may be drawn from record data only.

(B) The parcel map shall conform to all the provisions of this section and the provisions of Cal. Gov't Code §§ 66444, 66445, 66447, 66448, and 66449.

(1) The parcel map shall show ties to the center line of streets or property lines bounding the property, required street widening, the proposed or adopted highway setback lines, and other information required as a condition of approval.

(2) The boundary of the minor subdivision shall be designated by a one-sixteenth inch black line applied over India ink in such a manner as not to obliterate the figures or other data.

(3) The engineer or land surveyor presenting the map for checking and recording shall affix the certificate for the City Engineer's signature to the title sheet in conformance with the provisions of Cal. Gov't Code § 66450.

(4) The title sheet shall contain the minor subdivision number conspicuously placed at the top of the sheet and the location of the property being subdivided with reference to maps which have been previously recorded or by reference to a plat of the United States Survey. In the event the property included within the subdivision lies wholly within the city, the following words shall appear on the title: “In the City of Antioch”; if partly in unincorporated territory and partly within the city, the following words shall be used: “Lying within the County of Contra Costa and partly within the City of Antioch”.

(5) Affidavits, certificates, acknowledg-ments, endorsements, and the notarial seals required by law and this section shall appear only once on the title sheet. Such data may be printed thereon with opaque ink or by photographic reproduction. If more than three sheets are used, a key diagram shall be included on the first sheet to a scale of 1" = 600'.

(6) There shall appear on each map sheet the scale, the north point, and the basis of bearing. The scale shall be 1" = 20', 1" = 40', or 1" = 100', as required by the City Engineer. The basis of bearings shall be that approved by the Engineering Division, and the map shall show the equation of bearings to the true north.

(7) The following provisions shall apply to easements within the tract:

(a) Easements for an existing or proposed utility installation for the use of a private or nongovernmental agency shall not be shown on the map unless there is a recorded conveyance to such individual or corporation, except as is provided in subdivision (b) of this subdivision.

(b) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on such map, identifying the apparent dominant tenements for which they were created.

(c) All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, that is, the County Recorder's serial number and the date or the book and page of the county records.

(d) The side lines of all such record easements shall be shown by dashed lines on the final map with the widths, lengths, and the bearings thereof, in figures, if available, from the record.

(8) The adjoining corners of all adjoining subdivisions shall be identified by subdivision number or name and references to the book and page of the Recorder's map showing such subdivisions; and, if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

(9) Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and of the boundary lines of every lot and parcel which is a part thereof. The length, radius, and total central angle or radial bearings of all curves shall be shown.

(10) City boundaries which cross or join the subdivision shall be clearly designated.

(11) The location and description of all existing and proposed monuments shall be shown.

('66 Code, § 9-4.1206) (Ord. 275-C-S, passed 3-11-75)

(A) Public streets. Where the conditions of the filing of the parcel map require improvements on existing city streets or on streets to be accepted for maintenance by the city, the following documents shall accompany the parcel map when presented to the Engineering Division;

(1) A subdivision agreement, to be executed by the subdivider or his agent, guaranteeing the completion of the construction of the improvements required by the governing body within a specified time and the payment thereof;

(2) A cash deposit, together with such additional surety, as required by the provisions of subdivision (1) of division (B) of § 9-4.506 of Article 5 of this chapter;

(3) A letter from the Tax Collector showing all payable taxes paid and a bond for the payment of taxes then a lien but not yet payable, as required by the Subdivision Map Act;

(4) The cash payment, or receipt thereof, of all fees required for the checking and filing of the maps and the inspection of the construction, payment for street signs to be furnished and installed by the city, and any other applicable fees or deposits;

(5) Deeds conveying easements or fees required for road or drainage purposes. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the required facility;

(6) Agreements acceptable to the city where street improvements are to be accepted by the city, executed by the owners of existing utility easements within the proposed street right-of-way, consenting to the dedication of the street or consenting to the joint use of the right-of-way as may be required by the city for the public use and conveyance of the street; and

(7) A parcel map improvement plan in accordance with the provisions of § 9-4.1208 of this article.

(B) Private streets. Where the conditions of the filing of the parcel map require the improvement of a private street which is to remain a private street, the following shall be submitted to the City Engineer:

(1) Four copies of the parcel map improvement plan, in accordance with the provisions of § 9-4.1208 of this article, showing the required improvements and any other topographical features affecting the improvements;

(2) An inspection fee in the amount of 3% of the value of the improvements required to be constructed; and

(3) After the approval of such plans, but prior to the sale of any lot, filing of a parcel map, or issuance of any building permit, the installation of improvements shall be completed and the work approved by the City Engineer, or an agreement secured by a cash deposit or a corporate surety bond in the amount of the estimated cost of the improvements shall be executed to assure completion of the improvements within one year after the date of approval.

(C) Disposition of cash bonds. If cash has been deposited as security and, because of failure in the performance of any term or condition, notice of default has been given, the principal shall comply with the notice within the time specified. In the event the work is not completed within the time specified, the City Engineer may use the deposited cash to have the required work done by contract or other means as determined by the City Engineer. The balance, after deducting the cost of the work, plus 10% for supervision, shall be returned to the principal. If the deposit is insufficient, the principal shall be liable for any deficiency.

(D) Right of entry.

(1) In the event of default in the performance of any term or condition of the permit, the surety or his agent, the City Engineer or any person employed or engaged by him shall have the right to go on the premises to complete the required work or make it safe.

(2) No person shall interfere with or obstruct the egress to or from the premises by any authorized representative or agent of any surety or of the city engaged in completing the work required by the agreement or in complying with the terms or conditions of the permit.

(E) Terms of surety bonds; completion. The term of each bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the agreement. Completion shall be evidenced by a certificate of completion, a copy of which shall be sent to any surety on request.

('66 Code, § 9-4.1207) (Ord. 275-C-S, passed 3-11-75) Penalty, see § 9-4.903

(A) Improvement plans. When improvements are required by the Commission for existing public streets or drainage, improvement plans shall be submitted to the Engineering Division for review and approval. Improvement plans, standards, and inspection fees shall conform to the requirements of this chapter, unless a specific exception is granted by the Council. Before a lot is sold, a parcel map filed, or a building permit issued, the improvements shall either be completed or an agreement shall be executed with the city to complete the improvements within one year. An agreement shall be secured by a bond in the amount of the estimated costs of the improvements. Improvement plans shall comply with the provisions of Articles 4, 6, and 7 of this chapter.

(B) Scope. The requirements and standards specified in this article shall apply to all improvements.

(C) Time limits for improvements. Required improvements shall be constructed within one year after the approval of the minor subdivision map. An additional period of one year may be granted by the City Engineer where extenuating circumstances exist that prevent the completion of the improvements. If the improvements are not completed within the time allowed, the city may, on approval of the Council, use the money from the cash deposit or enforce the surety bond to accomplish the completion of the improvements in accordance with the improvement plans on file.

(D) Requests for exceptions. Requests for exceptions may be made as provided in Article 8 of this chapter.

('66 Code, § 9-4.1208) (Ord. 275-C-S, passed 3-11-75) Penalty, see § 9-4.903

(A) Map checking.

(1) The subdivider shall submit three sets of prints of the map and certificate sheets to the Engineering Division for checking purposes before filing the map. The preliminary checking prints shall be accompanied by a preliminary title report.

(2) The error of closure in traverse in the subdivision and around the interior lots or blocks shall not exceed one part in 20,000.

(3) The Engineering Division, within 20 days, shall note any errors or omissions, if any, on one set of the preliminary prints and return them to the engineer or surveyor for the final revision of the maps.

(B) Map approval.

(1) The original tracing of the parcel map of the subdivision, prepared in accordance with the provisions of § 9-4.1206 of this article, shall be submitted to the Engineering Division for approval and transmitted to the County Recorder for filing.

(2) The parcel map shall be accepted for filing by the Engineering Division when the map and all of the required supplementary documents and fees have been presented and approved. The Engineering Division, within 60 days following receipt, shall present the parcel map to the County Recorder for filing.

(C) Time limits for filing. The time limit for filing the parcel map shall be one year from the date of the approval of the minor subdivision map by the Commission, unless an extension of time is granted as provided in § 9-4.1203 of this article.

(D) Evidence of title. The subdivider shall present to the County Recorder evidence of title as required by the Subdivision Map Act.

('66 Code, § 9-4.1209) (Ord. 275-C-S, passed 3-11-75)

(A) Checking fees. The parcel map, when submitted for checking, shall be accompanied by a checking fee as specified by resolution.

(B) Recording fees. After the approval of the parcel map and prior to the signing of the certificate on the title sheet, a recording fee as specified by resolution shall be deposited with the Engineering Division.

(C) Inspection fees. Where the improvement of an existing public street or the construction of a public street is a condition of the filing of the parcel map, an inspection fee as specified by resolution shall be paid.

('66 Code, § 9-4.1210) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 628-C-S, passed 4-24-86)

No building permit shall be issued for a new structure on a lot or parcel created after February 9, 1972, unless such lot or parcel was created in accordance with the provisions of this article. Lots or parcels created prior to February 9, 1972, which were created in violation of the provisions of this article, shall be subject to approval as provided in this article prior to the issuance of a building permit.

('66 Code, § 9-4.1211) (Ord. 275-C-S, passed 3-11-75)

Any deed of conveyance, sale, or contract to sell made in violation of or contrary to the provisions of this article shall be voidable to the extent and in the same manner as provided in Cal. Gov't Code § 66499.32.

('66 Code, § 9-4.1212) (Ord. 275-C-S, passed 3-11-75)

In lieu park and recreational land dedication fees shall be required as set forth in Article 10 of this chapter.

('66 Code, § 9-4.1213) (Ord. 275-C-S, passed 3-11-75)