§ 16.20

Land may be divided by parcel map, when such division is authorized by provisions of the Subdivision Map Act, by first obtaining city council approval of a tentative parcel map and by subsequently recording the parcel map in the office of the county recorder.

(Ord. 475 § 14, 1976)

The legal owner of record, or his authorized representative, desiring the reparcelling of any lot or lots or parcels of land under the provisions of this chapter shall file fifteen copies of a tentative parcel map with the city council at least twenty-one days prior to the meeting of the council at which consideration is desired. Acceptance, distribution and departmental action on such maps shall be in accordance with the provisions of this title relating to tentative subdivision maps.

(Ord. 475 § 15(a), 1976)

A.

Tentative parcel maps shall be eighteen inches by twenty-six inches in size. Maps shall be to a scale of one inch equals one hundred feet for large areas, or to a scale of one inch equals fifty feet for small areas where practical.

B.

Every tentative parcel map shall be clearly and legibly reproduced and shall contain the following information:

Date, north point, scale and sufficient description to define the location and boundaries of the proposed reparcelling;

2.

The name and address of the record owner or owners;

3.

The name and address of the subdivider, if other than the owner;

4.

The name and business address of the person who prepared the map, if other than owner;

5.

Locations, names and existing width of all adjoining and contiguous highways, streets and ways;

6.

The locations and size of all pipelines and structures used in connection therewith;

7.

The location and character of all existing public utilities;

8.

The location and character of all existing and proposed street improvements;

9.

The widths, locations and purpose of all existing and proposed easements;

10.

The method of serving individual parcels to be created with utilities;

11.

The lot layout, dimensions of each lot, and lot designations;

12.

The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines.

(Ord. 475 § 15(b), 1976)

A tentative parcel map shall not be approved or conditionally approved by the city council unless the council finds that the proposed parcel map, together with the provisions for its design and improvements is consistent with the general plan and applicable specific plans of the city.

(Ord. 475 § 15(c), 1976)

If the tentative parcel map complies with all of the requirements of this title and the Subdivision Map Act, the city council may approve the division, subject to the dedication of necessary right-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the council, and the installation of all necessary utilities and connections to each lot. All lot sizes shall conform to the provisions of the zoning regulations of the city.

(Ord. 475 § 15(d), 1978)

16.20.060 - Tentative—Limitations on approval.

A tentative parcel map shall not be approved or conditionally approved by the city council if it makes any of the following findings:

1.

That the proposed map is not consistent with applicable general and specific plans;

2.

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3.

That the site is not physically suitable for the type of development;

4.

That the site is not physically suitable for the proposed density of development;

5.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6.

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(Ord. 475 § 15(e), 1976)

If the city council approves the tentative parcel map, it may grant the subdivider a period of time after the recording of the parcel map in which to complete the installation of the public improvements required by the council to be installed as a condition of approval of the map. If such a time period is granted, the council shall require improvement security to be posted in one of the forms set forth in this title.

(Ord. 475 § 15(f), 1976)

As a condition of approval for parcel maps it is the policy of the city to require two trees to be planted and maintained along the frontages of the affected properties. In order to ensure that such trees conform to the city tree plan, and that they are properly planted and maintained, whenever trees are required as a condition of approval of a parcel map, the applicant shall pay to the city a sum for each tree required. Such sum shall be established by the resolution of the council adopted from time to time. Such sum shall be paid at the time of filing the parcel map. Upon payment of such sum, the city shall be responsible for planting such trees.

(Ord. 475 § 15(g), 1976)

Whenever the city, by ordinance, has adopted a drainage plan for a particular drainage area, pursuant to Section 66483 of the Government Code of the state, each subdivider filing a parcel map for the division of land, any part of which is located within the boundaries of such a drainage area, and the tentative map of which is filed after the effective date of the ordinance codified in this title, shall pay to the city, at the time of filing of the parcel map, as a condition of approval thereof, such fees as may be required by said ordinance. The council may, by resolutions or agreements adopted or entered into from time to time, establish conditions under which such fees may be spread over a period of time.

(Ord. 475 § 15(h), 1976)

The subdivider or his agent may file a parcel map with the city engineer for his examination and certification within twelve months after the approval or conditional approval of the tentative map. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the city council may extend the time for filing a parcel map for a period or periods not exceeding two years, if it

determines that conditions affecting the parcel map have not substantially changed. In any case where a parcel map has not been recorded within twelve months or such extended period of time as may be granted by the council, approval of a new tentative parcel map shall be required.

(Ord. 475 § 16(a) (part), 1976)

A parcel map shall be prepared by a registered civil engineer or licensed land surveyor and shall substantially conform to the tentative parcel map and conditions thereto as approved by the city council.

(Ord. 475 § 16(a) (part), 1976)

A tracing of the parcel map shall be filed with the city engineer. In addition, the subdivider shall deposit with the city the recorder's fee for recording the parcel map.

(Ord. 475 § 16(b), 1976)

The parcel map shall conform to the provisions for final maps where applicable.

The map shall show the definite location of the parcel or parcels, and particularly their relation to

surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries if such remainder has a gross area of five acres or more.

The parcel map may be compiled from record data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map and when the location of at least one of these boundary lines can be established from an existing monument line. In any case, the parcel map may be based upon a field survey made in conformance with the Land Surveyor's Act.

(Ord. 475 § 16(c), 1976)

The parcel map shall contain a certificate, which shall be signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recordation of the parcel map. Such signatures shall be in accordance with the provisions of this title pertaining to final maps.

(Ord. 475 § 16(d), 1976)

If dedications of streets, alleys, walkways, easements, public utility easements, or other public ways, or access rights are required by the city council as conditions of approval of a parcel map, such dedications shall either be shown on and offered by a certificate on the parcel map or made by separate instrument as

determined by the city engineer. Such certificate or instrument shall be signed by those parties having any record title interest in the real property being subdivided in accordance with the provisions of this title pertaining to final maps.

(Ord. 475 § 16(e), 1976)

Upon receipt of the parcel map, together with the recording fees, and any required improvement security, the city engineer shall examine the same to determine whether said map is technically correct and substantially conforms with the tentative parcel map and with all changes and requirements imposed as conditions of approval by the city council. The city engineer shall also refer the parcel map to the city clerk for examination and determination of whether all of the lots and parcels created by said map conform with the requirements and the zoning regulations of the city. If the city engineer determines that the parcel map fully conforms with all the requirements set forth in this section, he shall so certify on said map.

(Ord. 475 § 16(f), 1976)

Offers of dedication shall be reviewed by the city engineer for compliance with the conditions of approval imposed by the city council. If all offers of dedication are in accordance with the requirements of the council, the city engineer shall recommend the acceptance of such dedications by the authorized official of the city.

(Ord. 475 § 16(g), 1976)

Upon certification by the city engineer, the parcel map shall be transmitted to the city clerk, who shall cause said map to be recorded in the office of the county recorder.

(Ord. 475 § 16(h), 1976)

No building permit shall be issued for the construction of any building, structure or other work on any parcel proposed to be created until a parcel map has been approved in accordance with the provisions of this title and the Subdivision Map Act, and recorded in the office of the county recorder.

(Ord. 475 § 17, 1976)

16.20.200 - Division of existing buildings.

A.

Prior to the recordation of a parcel map which will result in the division of any existing building or buildings into separate units or parts, the applicant shall secure certification by the building inspector that any building or buildings to be divided will, after division, meet current code standards for new construction.

B.

As used in this section, "current code standards" refers to all standards in the current adopted editions of the building code, electrical code, plumbing code, mechanical code and fire code of the city.

(Ord. 475 § 18, 1976)

16.20.210 - Parcel maps for urban lot splits.

A.

Definitions. For purposes of this section, the following definitions shall apply:

1.

"Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section. As used in this section, "lot split" refers to an urban lot split.

2.

"Single-family residential zone" shall mean the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones.

B.

Ministerial Approval. The city shall ministerially approve a parcel map for a lot split that meets the following requirements:

1.

The parcel is located within a single-family residential zone.

2.

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3.

The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel.

4.

Both newly created parcels are no smaller than one thousand two hundred square feet.

5.

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b.

Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).

c.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

d.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

e.

A special flood hazard area subject to inundation by the one-percent annual chance flood (one hundredyear flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

i.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

ii.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).

f.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the

Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

g.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).

h.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

i.

Lands under a conservation easement.

6.

The proposed lot split would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application; or

c.

Housing that has been occupied by a tenant in the last three years.

7.

The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

C.

Standards and Requirements. The following requirements shall apply:

1.

The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Title 16 of the Blythe Municipal Code, except as the same are modified by this section.

2.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

3.

Except for those circumstances described in Section C.2 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the applicable single-family residential zone.

4.

The applicant shall provide easements for the provision of public services and facilities as required.

5.

Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than seventy-five feet, all units on the lot (or all units on both lots created through an urban lot split) shall share and take vehicular access from the same drive approach and driveway.

6.

The applicant shall provide easements for the provision of pedestrian and/or vehicular access as required, and any proposed access easement(s) must be shown on the tentative and final parcel map.

7.

Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3.

D.

The city shall not require or deny an application based on any of the following:

1.

The city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

2.

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

3.

The city shall not require the correction of nonconforming zoning provisions as a condition for the lot split.

4.

The city shall not deny an application solely because it proposes adjacent or connected structures, provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.

E.

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1.

That the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

2.

That the uses shall be limited to residential uses.

3.

That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.

4.

That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to Chapter 17.33A of this code.

F.

The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G.

This section shall not apply to:

1.

Any parcel which has been established pursuant to a lot split in accordance with this section; or

2.

Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot.

H.

The provisions of this section supersede any contrary provisions of the Blythe Municipal Code to the contrary.

(Ord. No. 913, § 1, 12-14-21)

Chapter 16.24 - FINAL MAP

Sections: