Delano Municipal Code Ch. 16.40 Minor Subdivisions

A "minor subdivision" means any real property or portion thereof shown on the last preceding tax roll as a unit or as contiguous units which is divided for the purpose of sale or financing, whether immediate or future, into four or fewer units for the purpose of transfer of title by contract or sale, whether immediate or future, by any subdivider; provided, however, that a minor subdivision of land does not include any of the following:

A. Any real property which constitutes a subdivision under Section 16.08.140;

B. Any conveyance made or acquired by court decree and intestate or testamentary dispositions of land;

C. Any conveyance by or to the State of California, any city or county, of any political subdivision of the State of California, unless such conveyances are financing transactions;

D. Any conveyance of easements or mineral, oil or gas rights, or the financing or leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Every person, partnership, corporation or association shall comply with the provisions of this chapter, and secure the required approval before making a division of land, as defined hereinabove. A division of land shall be deemed to have been completed for the purpose of this chapter when a parcel map thereof has been filed in the office of the county recorder in full compliance with the provisions of Sections 66444 through 66450 and 66463 through 66463.5 of the Subdivision Map Act and all applicable provisions of the ordinance or until a certificate of compliance has been issued in compliance with the provisions of Sections 16.40.030 through 16.40.060.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

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

A. Those in which each resulting parcel contains a minimum of two and one-half acres gross area; or those in which each resulting parcel contains a minimum of two and one-quarter acres gross area any one of the following conditions applies:

1. The parcel of land comprising the division is a lot shown on a final map or parcel map filed in the office of the county recorder, or a parcel shown on the approved record of survey map;

2. The parcel of land comprising the division was a parcel of record prior to the date of enactment of this section;

3. The parcel of land comprising the division is result of the normal breakdown of an undersized section of land.

B. Those in which the resulting number of parcels remains the same or is decreased and all off-site improvements exists;

C. The leasing of land, provided that no street or highway openings or widenings, or drainage or sanitary sewer easements are required pursuant to Sections 16.16.170 and 16.16.180;

D. The city may waive the requirement for a parcel map imposed by this section. In the event of such waiver, it shall require a finding by the advisory agency that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this division or local ordinance enacted pursuant thereto. Where the requirement for a parcel map is waived pursuant to provisions of this section, a tentative map may be required.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

A person requesting a certificate of compliance pursuant to Sections 16.40.020 and 16.40.030 shall submit a statement of ownership as specified in Section 16.40.070 and five copies of a tentative map of the proposed minor subdivision, based on record data, with sufficient detail to justify an exception.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The community development director shall receive, identify, date and distribute copies to the members of the minor subdivision committee for review, and within ten working days have a meeting of the minor subdivision committee to issue a certificate of compliance or deny approval of the proposed minor subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If a certificate of compliance is disapproved, the community development director shall forward to the applicant written notice of the disapproval together with a complete statement of the reasons for the action.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Maps of proposed minor subdivision shall be reviewed by the minor subdivision committee which is established. The committee shall consist of the community development director; the city engineer; the building inspector; the fire chief; and the director of parks and recreation, or their representatives. The committee shall meet on call of the community development director, who shall act as secretary of the committee, and shall keep records of its activities, which records shall be a public record. A quorum consists of a majority of members.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

At least fifteen days prior to the meeting of the subdivision committee, five copies of the proposed minor subdivision map shall be filed with the planning division, together with the appropriate filing and map checking fees as established by resolution of the city council. The map shall be clearly and legibly drawn on good quality tracing cloth or mylar, at least eighteen inches by twenty-six inches in size, with a one inch margin on the three sides and two inches on the left side. The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. The tentative map shall show the following data:

A. The boundary lines of the original parcel or parcels, with dimensions based on existing survey data and including a complete legal description;

B. The proposed division lines with the dimensions and the areas of each lot to be created by such division of land;

C. All existing surface and underground structures and improvements located on the original parcel or parcels together with the exterior dimensions of the existing structures and improvements, the distance between structures and improvements, the number of stories and height of each structure and improvement, and the distance from the structures and improvements to the boundary line of the lots which are to be created by the proposed division of lines;

D. The names, locations and widths of all abutting streets;

E. The proposed location, purpose and width of all proposed streets and easements;

F. The existing and proposed use of the property to be divided;

G. The proposed water supply, including the location and size of the water mains, storm water drainage lines, and sewer mains;

H. Location of power lines and gas lines;

I. The existing and proposed method of sewage disposal;

J. Provisions, if any, for street improvements, including sidewalks, curbs and gutters, paving, storm water drainage, fire hydrants;

K. The following certificate signed by the legal owner or his authorized agent:

"I hereby apply for approval of the division of the real property shown in this plat and certify that I am the legal owner (or authorized agent of the legal owner) of the property and that the information shown hereon is true and correct to the best of my knowledge and belief."

Signature _____

Address _____

Capacity _____

If signed by an agent of the legal owner, such agent must submit written authorization from the owner with the plat.

Any of the foregoing data, or any additional data, relating to the subdivision which may not practicably be shown on the tentative map shall be contained on supplemental letter size paper, eight and one-half inches by eleven inches.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The proposed division of land shall be reviewed and approved, conditionally approved, or disapproved by the minor subdivision committee. The minor subdivision committee shall approve the proposed division of land whenever all of the following conditions are complied with:

A. The lots which will be created by the propose division of land conform to all of the applicable zoning and building code regulations effective in the area, and comply with regulations set forth herein pertaining to size, shape and dimensions of lots in subdivision;

B. Any condition deemed necessary by the minor subdivision committee to protect the best interests of the surrounding property or neighborhood consistent with the general purposes and intent of this chapter and of the city plan, and may waive such provisions of the chapter relating to improvement and design as it shall deem reasonable under the circumstances.

The community development director shall notify the subdivider, in writing, within five days of the action taken by the minor subdivision committee, and if the map is disapproved, shall advise the subdivider of the reasons for such disapproval. Notwithstanding anything herein, the minor subdivision committee may require or waive any of the following:

1. Sidewalks, curbs, gutters and street and alley paving,

2. Storm drainage, water and sewer facilities,

3. Street trees and site grading,

4. Installation of property, corner markers,

5. Fire hydrants, street signs, traffic and street lights,

6. Dedication of streets rights-of-way and public utility easements;

7. Dedication or fees in lieu of dedication of parks, recreation land.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The minor subdivision committee, by a majority vote, may refer any minor subdivision map to the city council for action, if the committee feels that the request involves major policy decisions which should be made by the city council.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

If the subdivider is dissatisfied with the action of the minor subdivision committee, the subdivider may file with the city council an appeal to the decision within fifteen days after receiving notification of the decision. The appeal should be placed on the agenda of the next council meeting and after due consideration, the council shall approve, conditionally approve, or disapprove such minor subdivision.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

The subdivider may be required, as a condition of approval, to enter into an agreement in a form approved by the city council to effect the provisions of this chapter, and by so doing, authorizes the recordation of the agreement.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

In the event the minor subdivision committee, or the city council determines that it is in the best interest of the city to make required improvements at a later date, the subdivider may be required to post with the city a cash bond or other adequate security at the direction of the city to undertake guarantee to the city that the improvements will, when required by the city, be erected, constructed and maintained.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).

Whenever a local agency has knowledge that real property has been divided in violation of the provisions of this title or of local ordinances enacted pursuant to this title, it shall cause to be filed for record with the recorder of the county in which the real property is located, a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation. Such notice, when recorded, shall be deemed to be the constructive notice of the violation of all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. 1095 §5 (Exh. A (part)), 2003: Ord. 1094 §5 (Exh. A (part)), 2003).