§ 16.04

Pursuant to the subdivision map act, the provisions of the Banning Municipal Code are supplemental to those of said Act, and shall apply to all subdivisions of land hereafter made when such land is entirely or partially within the city.

A.

Lot Line Adjustment. This Code does not apply to a lot line adjustment provided that:

1.

No additional parcels are created and the adjustment is limited to four or fewer existing adjoining parcels; and

2.

The resulting parcels conform to the Banning Zoning Code, California Building Code, and the city's general plan; and

3.

The resulting parcels do not interfere with existing utilities infrastructure or easements; and

4.

The resulting parcels conform to the California Fire Code as determined by the fire department; and

5.

Real property taxes have been prepaid; and

6.

The owner, or owners, cause to be prepared a legal description and plat map, and any deeds if so required. However, if a record of survey is required under Business and Professions Code § 8762 the owner shall cause to be prepared a record of survey;

If the parcels are not legal subdivisions in accordance with Subdivision Map Act § 66499.34, the city approves a certificate of compliance.

An application and plot plan shall be required to determine conformance with these requirements.

B.

Waiver of Tentative Parcel Map. The community development director may waive the requirements for a tentative parcel map for the following:

1.

A division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;

2.

A division of property resulting from conveyance of land or interest therein to or from a public entity or public utility for a public purpose such as school sites, public building sites, rights-of-way, or easements for streets, sewers, utilities, and drainage. Land conveyed to or from a governmental agency includes a fee, interest, a leasehold interest, an easement, or a license;

3.

A division of property which has been merged under the subdivisions code, the Subdivision Map Act, or any prior ordinance of the city;

4.

Where existing public improvements meet the minimum requirements of this Code.

To waive the tentative parcel map requirements the community development director upon the recommendation of the city engineer shall find that the proposed division of land complies with requirements of the Banning Zoning Code, Banning Development Standards, and the Subdivision Map Act.

A waiver of the tentative parcel map requirement may be conditioned to require payment by the subdivider of park land dedication, drainage, transportation, and other applicable fees by a method approved by the community development director.

Whenever a tentative parcel map is waived under this section, an application and parcel map shall be submitted and approved in accordance with the subdivisions code. The city clerk shall transmit the map to the county recorder. If the county recorder rejects that map for filing, the city shall rescind its approval of the map per the requirements of Government Code § 66466.

(Code 1965, § 22-1.)

(Ord. No. 1384, § 3.A, 3-5-08)

16.04.020 - Advisory agency designated—Powers and duties generally.

The planning commission is hereby designated as the "advisory agency" referred to in the Subdivision Map Act and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions; and, is hereby authorized to recommend the approval, conditional approval, or disapproval of tentative maps for subdivisions prepared and filed according with this Code and the Subdivision Map Act; to recommend the kinds, nature and extent of the improvements required to be installed in subdivisions and to report to the city council the action taken on tentative maps for subdivisions.

(Code 1965, § 22-2.)

(Ord. No. 1384, § 3.A, 3-5-08; Ord. No. 1420, § 3.b)i), 4-13-10)

16.04.030 - Repealed.

Editor's note— Section 3.A of Ord. No. 1384, adopted March 5, 2008, repealed § 16.04.030, which pertained to the record of survey map: generally and derived from § 22-17 of the 1965 Code, in its entirety.

16.04.040 - Repealed.

Editor's note— Section 3.A of Ord. No. 1384, adopted March 5, 2008, repealed § 16.04.040, which pertained to the record of survey map: certificates and derived from § 22-18 of the 1965 Code, in its entirety.

16.04.050 - Map fees.

A.

Fees shall be paid to the city to cover the costs of checking tentative and final maps and parcel maps and for construction inspection as well as any other related items identified in the subdivision code requiring the submittal of an application. These fees shall be adopted by resolution.

B.

The finance director shall issue a receipt for fees received in behalf of the city, identifying the same as related to the description for which such fee was tendered.

(Code 1965, § 22-19.)

(Ord. No. 1384, § 3.A, 3-5-08)

Any lot, street, alley or other feature made the subject of this title which is maintained contrary to the provisions hereof shall constitute a public nuisance.

(Code 1965, § 22-20.)

Conditional exceptions to the regulations prescribed in this title may be authorized if exceptional or special circumstances apply to the property. Such special circumstances may include limited size, unusual shape, extreme topography, dominating drainage problems or the impracticability of employing a comprehensive plan or layout by reason of a prior existing recorded subdivision of contiguous properties.

(Code 1965, § 22-21.)

In instances where the city requests an offer of dedication for right-of-way purposes, and such offer of dedication is made by the property owner, and such dedication results in the reduction of a dimension of the property below the minimum property development requirement identified in the Banning Ordinance Code related to lot width, depth, or minimum lot area, the Banning city council shall make a finding that such dedication is for public purposes and the reduction in the minimum required dimension shall for these purposes not create a "nonconformity."

(Code 1965, § 22-21.1.)

Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the community development director upon application by the subdivider or on the planning department's initiative, provided:

A.

No lots, units or building sites or structures are added; and

B.

There are not resulting violations of this Code or the Subdivision Map Act.

The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the community development director. Amendments to the tentative map conditions of approval which, in the opinion of the department, are not minor, shall be presented to the planning commission for its approval. Processing shall be in accordance with the provisions of processing a tentative map as set forth in this title. Any approved amendment shall not alter the expiration date of the tentative map.

(Code 1965, § 22-87.)

Chapter 16.08 - TENTATIVE MAP—FOUR LOTS OR LESS