Title 16 — LAND DEVELOPMENT AND SUBDIVISION
§ 16.06
Clayton Planning Code · 2026-07 edition · ingested 2026-07-08 · Clayton
16.06.005 - Remainder Parcel. ¶
A.
When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.
B.
For a designated remainder parcel described in Section 16.06.005.A, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the city or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of that agreement, a city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of:
1.
The public health and safety; or
2.
The required construction is a necessary prerequisite to the orderly development of the surrounding area.
C.
A designated remainder may subsequently be sold without any further requirement of the filing of a parcel map or final map, but the city may require a certificate of compliance or conditional certificate of compliance.
(Ord. 235, 1987)
16.06.010 - Subdivision of Land—Five (5) or More Parcels. ¶
A.
A pre-filing conference, tentative and final map shall be required for al subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:
1.
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; or
2.
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; or
3.
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; or
4.
Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.
B.
A parcel map shall be required for those subdivisions described in subsections A1—A4 of this section.
(Ord. 235, 1987)
16.06.020 - Subdivision of Land—Less Than Five (5) Parcels. ¶
Pre-filing conference, tentative parcel maps and parcel maps shall be required for all subdivisions creating four (4) or less parcels in accordance with Section 66428 et seq. of the Government Code and shall be filed in the manner presented in this title.
(Ord. 235, 1987)
16.06.030 - Time Limits. ¶
The time limits specified in this title for reporting and acting on maps may be extended by mutual consent of the subdivider and the Planning Commission or City Council.
(Ord. 235, 1987)
16.06.040 - Public Notice. ¶
Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the subdivision or proposed subdivision shall be given at least ten (10) days before the hearing. Such notice shall be by an appropriate method as described by law in Section 66451.3 of the Government Code.
(Ord. 235, 1987)
16.06.050 - Fees and Deposits. ¶
All persons submitting maps, appeals or other actions as provided for by this title shall pay fees and/or deposits as are provided in the ordinances and regulations of the city.
(Ord. 235, 1987)
Chapter 16.08 - FINAL MAP—APPLICATIONS PROCEDURE
Sections: