Bishop Municipal Code Ch. 16.40 Minor Land Division

This chapter is intended to assure compliance with city zoning regulations and various elements of the city's general plan.

(Prior Code, § 17A-172; Code 1985, § 16.40.010)

A. No person, partnership, corporation, or association shall sell, lease, finance, or transfer title to any minor land division, or portion thereof, or offer to do so until a parcel map or certificate of compliance thereof has been filed in the office of the county recorder in full compliance with the provisions of Government Code § 66424 and all applicable provisions of this title.

B. This section does not apply to those divisions of land complying with the provisions of all applicable ordinances and state laws filed in the office of the county recorder prior to September 15, 1975.

C. A subdivider may fulfill the requirements of this section by filing a final map on any minor land division.

D. No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall any portion of any parcel be used when not conforming to the provisions of this section.

(Prior Code, § 17A-173; Code 1985, § 16.40.020)

Providing that there is no conflict with the provisions of city zoning regulations, a subdivider may request the filing of a certificate of compliance in lieu of filing a parcel map or a final map for the following minor land divisions:

A. Four or fewer parcels in which each resulting parcel contains a minimum of 40 acres gross area;

B. Four or fewer parcels in which each resulting parcel contains a minimum of 38 acres gross area caused by the original section's being under 640 acres;

C. Those in which the resulting number of lots remains the same or is decreased;

D. The leasing of land, provided that no street or highway openings or widenings or drainage or sanitary sewer easements are required pursuant to the standards of this title.

(Prior Code, § 17A-174; Code 1985, § 16.40.030)

A. Any person requesting the planning commission to issue a certificate of compliance pursuant to sections 16.40.020 and 16.40.030 shall submit a statement of ownership as specified in section 16.40.090B, together with a map of the proposed division, attached as an exhibit thereto, with sufficient detail to justify granting the certificate of compliance. Off-site access, if required, shall be described on the exhibit map and shall be documented by either a recorded easement or by an access policy from an accredited title company which delineates and attests to the existence of the recorded easement.

B. The planning commission shall identify, date and review the application for the certificate of compliance and cause the same to be recorded in the office of the county recorder or deny the certificate of compliance.

C. If, at any time during the determination period, the planning commission finds that the exhibit map or supporting documents are improperly prepared or are insufficient to make a determination, the determination period may be extended for a period of time not to exceed 90 days from the date of filing.

D. If a certificate of compliance is issued, the planning commission shall forward one copy of the record certificate of compliance to the applicant.

E. If a certificate of compliance is disapproved, the planning commission shall forward to the applicant written notice of the disapproval together with a statement of the reasons for the action.

(Prior Code, § 17A-175; Code 1985, § 16.40.040)

A subdivider, dissatisfied with any action taken by the planning commission, may appeal in accordance with chapter 16.48.

(Prior Code, § 17A-176; Code 1985, § 16.40.050)

A. The tentative parcel map shall be prepared and processed in accordance with the provisions of chapter 16.20 and filed with the planning commission for review and approval.

B. Tentative minor land divisions that qualify under section 16.40.030 for a certificate of compliance shall be prepared and processed in accordance with the provisions of this chapter.

(Prior Code, § 17A-177; Code 1985, § 16.40.060)

At the time of submission, the subdivider shall pay a processing fee for each tentative parcel map in accordance with the provisions of this chapter.

(Prior Code, § 17A-178; Code 1985, § 16.40.070)

The exhibit map for a minor land division shall be legibly drawn to a scale of sufficient size to show full detail, including, but not limited to, the following information:

A. North point, date and scale;

B. The dimensions and record boundaries so as to define the boundaries of the proposed minor land division;

C. The dimensions and record boundaries of the total ownership;

D. The boundaries, dimensions and area of each proposed parcel;

E. A number for each parcel;

F. The locations, names, widths and improvements of all adjoining highways, streets or ways;

G. The widths and approximate alignments of all existing and proposed easements, whether public or private, for roads, drainage, sewer disposal and public utilities;

H. Actual street names;

I. The location of any existing structures or improvements shown to scale, provided that if it is impossible or impractical, such information shall be submitted on a separate sheet;

J. The approximate location of areas subject to inundation or stormwater overflow, and the locations widths, and directions of flow of all watercourses;

K. A vicinity map, showing the location of the property in relation to the nearest cross streets.

(Prior Code, § 17A-179; Code 1985, § 16.40.080)

The subdivider shall submit with the exhibit map a written statement, including, but not limited to, the following information:

A. A legal description of all ownerships comprising a part of the proposed minor land division, including any part of the ownership not included within its boundaries;

B. A statement by the subdivider that he is the record owner of all real property comprising the proposed minor land division, or a written statement of joinder by the record owner that he consents to the submission of the map;

C. The date the present owner purchased the property;

D. The method of sewage disposal for each parcel;

E. The source of domestic potable water supply for each parcel;

F. A clear statement of the proposed use of the property.

(Prior Code, § 17A-180; Code 1985, § 16.40.090)

The subdivider shall submit 12 copies of the owner's statement, 12 copies of the exhibit map, and 12 copies of the county assessor's map showing the boundaries of the property, to permit the planning commission to furnish copies to those city departments which, in the opinion of the planning commission, may have an interest in the proposed division of land.

(Prior Code, § 17A-181; Code 1985, § 16.40.100)

Upon submission of the minor land division for a certificate of compliance, the secretary of the planning commission shall enter the submission date on each copy and shall transmit copies to each of the city departments or other agencies which have or may have an interest in the proposed minor land division.

(Prior Code, § 17A-182; Code 1985, § 16.40.110)

City departments to which a copy of the tentative minor land division for a certificate of compliance is transmitted shall, within 15 days after receipt by the department, file with the planning commission a report either approving the tentative minor land division as submitted or indicating what changes subject to their jurisdiction are necessary to make the tentative minor land division conform to the requirements of the Subdivision Map Act, Government Code § 66410 et seq., and of this title. Failure of a city department to file a report on a tentative map before the expiration of the specified review period shall be deemed an approval.

(Prior Code, § 17A-183; Code 1985, § 16.40.120)

Any reports or recommendations on the tentative minor land division submitted to the planning commission shall be submitted in writing to the subdivider prior to final action on the map by the planning commission. This provision shall be deemed complied with when such reports or recommendations are placed in the mail, directed to the subdivider at his designated address, postage thereon prepaid.

(Prior Code, § 17A-184; Code 1985, § 16.40.130)

Recommendations of the city departments shall be transmitted to the planning commission. The planning commission shall prepare a finding on whether the proposed division of land complies with the requirements of this title as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. The planning commission shall approve, conditionally approve, or disapprove the tentative minor land division within 50 days after the date of submission. The planning commission shall report its action directly to the subdivider. The time limits for action and reporting on tentative minor land divisions as specified in this section may be extended by mutual consent of the subdivider and the planning commission.

(Prior Code, § 17A-185; Code 1985, § 16.40.140)

The planning commission shall reject a tentative minor land division if the only practical use which can be made of the division as proposed in a use prohibited by any ordinance, statute, law of other regulation.

(Prior Code, § 17A-186; Code 1985, § 16.40.150)

The approval or conditional approval of a tentative minor land division for a certificate of compliance shall extend for a period of one year from the date of action by the planning commission. Upon written application, the planning commission may grant an extension not to exceed one year.

(Prior Code, § 17A-187; Code 1985, § 16.40.160)