Brisbane Municipal Code Ch. 16.12 Tentative and Final Parcel Maps and Subdivision Maps—where Required

A tentative and final subdivision map shall be required for the following:

A. All subdivisions creating five (5) or more parcels;

B. Five (5) or more condominiums as defined in Section 4125 of the Civil Code;

C. A community apartment project containing five (5) or more parcels;

D. The conversion of five (5) or more existing dwelling units to a stock cooperative.

(Ord. 282 § 3.1(a), 1982).

(Ord. No. 566, § 1, 10-7-13; Ord. No. 612, § 3, 12-8-16)

In the following cases where a tentative and final subdivision map would be required per Section 16.12.010, a tentative and final parcel map shall be required instead:

A. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; provided, however, that this section shall not be applicable to the conversion of any existing structure to condominiums, community apartments, or stock cooperatives as described in Section 16.12.010;

B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths;

D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section; or

E. The land being subdivided is solely the creation of an environmental subdivision pursuant to Section 66418.2 of the Government Code.

(Ord. 282 § 3.1(b), 1982).

(Ord. No. 566, § 2, 10-7-13)

A subdivider may apply for a waiver of the requirements for a tentative and final subdivision map under Section 16.12.010(B) for a condominium project of five (5) or more units on a single parcel. The planning director may waive such requirements if the planning director finds that the proposed subdivision complies with requirements established pursuant to this title as to the following:

A. Area;

B. Improvement and design;

C. Floodwater drainage control;

D. Appropriate improved public roads;

E. Sanitary disposal facilities;

F. Water supply availability;

G. Environmental protection;

H. Recorded monumentation of the boundaries of the parcels;

I. Other requirements of this title and the Subdivision Map Act.

(Ord. No. 566, § 3, 10-7-13; Ord. No. 612, § 4, 12-8-16)

A tentative parcel map and final parcel map shall be required for the following:

A. All subdivisions creating less than five (5) parcels;

B. Less than five (5) condominiums;

C. A community apartment project containing less than five (5) parcels;

D. The conversion of less than five (5) existing dwelling units to a stock cooperative;

E. All subdivisions for which tentative and final subdivision maps are not required due to an exception set forth in Section 16.12.020.

In lieu of applying for a tentative parcel map, a subdivider may elect to apply for a tentative or vesting tentative subdivision map for any subdivision under this section in compliance with the procedures for tentative and vesting tentative subdivision maps contained in section 16.16.120.

(Ord. 282 § 3.2(a), 1982).

(Ord. No. 566, § 4, 10-7-13; Ord. No. 612, § 5, 12-8-16)

A tentative parcel map and final parcel map shall not be required in the following cases:

A. Where the subdivision is created by a short-term lease, terminable by either party on not more than thirty (30) days' written notice, of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;

B. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases that public policy necessitates a parcel map.

C. Where an urban lot split is proposed, see Chapter 17.05 of Title 17 of this Municipal Code.

(Ord. 282 § 3.2(b), 1982).

(Ord. No. 693, § 1, 12-5-24)

A subdivider may apply for a waiver of the requirements for a tentative and final parcel map under Section 16.12.030. The planning director may waive such requirements if the planning director finds that the proposed subdivision complies with requirements established pursuant to this title as to the following:

A. Area;

B. Improvement and design;

C. Floodwater drainage control;

D. Appropriate improved public roads;

E. Sanitary disposal facilities;

F. Water supply availability;

G. Environmental protection;

H. Recorded monumentation of the boundaries of the parcels;

I. Other requirements of this title and the Subdivision Map Act.

(Ord. 282 § 3.2(c), 1982).

(Ord. No. 612, § 6, 12-8-16)

A. The city council may merge contiguous parcels held by the same owner as of the date that notice of intention to determine status is recorded, if any one of the parcels does not conform to the applicable zoning ordinance standard for minimum lot area and if all of the following requirements are satisfied:

1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

2. With respect to any affected parcel, one or more of the following conditions exists:

a. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. Does not meet current standards for sewage disposal and domestic water supply.

d. Does not meet any adopted slope stability standards.

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability per applicable codes.

f. Its development would create health or safety hazards in violation of applicable codes.

g. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

B. To initiate merger, the city council shall adopt a notice of intention to determine status of the affected parcels. The notice shall be mailed by certified mail to the then current record owner of the property, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity within thirty (30) days after recording of the notice to file with the city clerk a request for a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

C. Upon receiving a request for a hearing on determination of status from the owner of the affected property, the city clerk shall fix a time, date, and place for a hearing to be conducted by the city council, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than sixty (60) days following the city clerk's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the city council and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance. At the conclusion of the hearing, the city council shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger. If a determination of merger is made, a notice of merger specifying the names of the record owners and including a legal description of the property shall be recorded within thirty (30) days after conclusion of the hearing.

D. If, within thirty (30) days of filing the notice of intention, the owner does not file a request for a hearing, the city council may make a determination that the affected parcels are to be merged or are not to be merged. If a determination of merger is made, a notice of merger specifying the names of the record owners and including a legal description of the property shall be recorded no later than ninety (90) days following the mailing of notice of intention.

E. If the city council determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.

(Ord. No. 574, § 2, 12-3-12)

Editor's note— Ord. No. 574, § 2, adopted December 3, in effect repealed the former § 16.12.060, and enacted a new § 16.12.060 as set out herein. The former § 16.12.060 pertained to merger of parcels—general nonmerger rule and derived from Ord. No. 282, 1982.

Contiguous parcels held by the same owner may be merged by recordation of a declaration of lot merger signed by the property owner and acknowledged by the planning director.

(Ord. No. 574, § 3, 12-3-12)

Editor's note— Ord. No. 574, § 3, adopted December 3, in effect repealed the former § 16.12.070, and enacted a new § 16.12.070 as set out herein. The former § 16.12.070 pertained to merger of parcels—exception to nonmerger rule and derived from Ord. No. 282, 1982.

Editor's note— Ord. No. 574, § 3, adopted December 3, repealed § 16.12.080, which pertained to merger of parcels—notice and derived from Ord. No. 282, 1982.