Article 10 — MINOR SUBDIVISIONS

The division of property in a minor subdivision shall be governed as to design by the provisions of Article 5 of this chapter, and may be governed as to improvements, where required, by the provisions of Article 6 of this chapter. (§ 8.01, Ord. 341)

A tentative minor subdivision map shall include the data outlined within the codified applications and submittal requirements adopted by the Los Banos City Council. (§ 8.01, Ord. 341, as amended by § 2, Ord. 835, eff. October 19, 1990, and § 37, Ord. 1102, eff. February 4, 2012)

Accompanying the tentative map will be all items as stated within the codified applications and submittal requirements adopted by the Los Banos City Council. (§ 8.01, Ord. 341, as amended by § 38, Ord. 1102, eff. February 4, 2012)

Tentative minor subdivision maps shall be filed with the Planning Director, together with a filing fee set by the Council.

All required information shall be filed with the secretary of the Commission at least 30 days prior to the time at which action is expected. The secretary of the Commission shall immediately transmit a copy of the map to each member of the Project Review Board and, if advisable, to each public utility serving the general area of the proposed minor subdivision.

(§§ 8.01 and 8.02, Ord. 341, as amended by § 3, Ord. 621, eff. August 4, 1978, and § 39, Ord. 1102, eff. February 4, 2012)

• (a) If there are no outstanding issues, the tentative minor subdivision map will be scheduled for the next available Planning Commission meeting.

• (b) The Planning Commission by resolution may grant approval of the parcel map/minor subdivision subject to conditions, or can deny the request.

• (c) If denied, may file a written notice with the Planning Director or with the City Clerk within five business days.

(§ 8.02, Ord. 341, as amended by § 40, Ord. 1102, eff. February 4, 2012)

Parcel maps consistent with approved tentative minor subdivision map shall be reviewed and approved by the City Engineer, fees paid and offers of dedication refused or accepted by the City Council prior to recordation by the City Clerk. No title shall pass and no building permit shall be issued prior to the recording of the parcel map.

• (a) Additional information. Additional information may be required to be filed and/or recorded simultaneously with a parcel map. The additional information shall be in the form of a separate document or an additional sheet, as stipulated by the City, which shall indicate its relationship to the parcel map, and shall contain a statement that the additional information is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest.

  • (1) Additional survey and map information may include, but need not be limited to: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites, tentative tract map conditions of approval, Geographic Information System data and environmental mitigation measures.

• (§ 8.02, Ord. 341, as amended by § 2, Ord. 875, eff. March 18, 1994)

The approval or conditional approval of a tentative minor subdivision map shall be valid for a period as specified within the Subdivision Map Act, including any extensions. (§ 8.03, Ord. 341, as amended by § 41, Ord. 1102, eff. February 4, 2012)

Appeals from the action of the Commission by the applicant or any affected property owner shall be made to the Council in writing within five days after the date of such action of the Board.

The Council shall render its decision on any appeal within 30 days after the filing thereof. If the Council fails to act within the prescribed 30 days, the action of the Commission shall be deemed final unless such time period is extended by the mutual consent of the subdivider and the Council. (§§ 8.02 and 8.03, Ord. 341, as amended by § 42, Ord. 1102, eff. February 4, 2012)

The provisions of this article shall not apply to any parcel not conforming to the provisions of this chapter for which a deed is of record or for which a contract of sale was in full force and effect and recorded prior to January 3, 1964, nor to any land dedicated for cemetery purposes pursuant to the provisions of the Health and Safety Code of the State.

The provisions of this article shall not prevent any owner from processing any division of land as a subdivision.

(§§ 8.03 and 8.04, Ord. 341)

The Commission may waive the requirements for a minor subdivision map which are established by this chapter and the Subdivision Map Act of the State provided it is shown by the subdivider and findings are made by the Commission that the proposed division of land complies with all the requirements for a minor subdivision which have been established by this chapter and the Subdivision Map Act of the State as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter and the Subdivision Map Act of the State.

A person desiring an exception shall comply with all the requirements of the tentative minor subdivision map procedure and shall indicate on the tentative minor subdivision map that a letter of exception is being requested. The Commission shall review the tentative minor subdivision map and shall approve, disapprove, or conditionally approve such tentative minor subdivision map and shall also grant or deny an exception to the filing of a final map. In the event the exception is granted, the Planning Director shall notify the applicant of such action and any conditions attached thereto. A copy of the letter of exception shall be forwarded to the County Recorder and County Assessor's office.

(§ 1, Ord. 575, eff. July 6, 1977, as amended by § 43, Ord. 1102, eff. February 4, 2012)

Pursuant to Section 66599.20 3/4 of the Subdivision Map Act of the State, provision is made by this section to merge contiguous parcels of land under common ownership without reverting to acreage or filing a parcel map as required under the provisions of a minor subdivision.

• (a) A person desiring to merge contiguous parcels of land in his or her ownership shall submit a complete application package in accordance with the codified applications and submittal requirements adopted by the Los Banos City Council to the Planning Department;

• (b) The Planning Department determines completeness within 10 business days;

• (c) The Planning Department determines whether or not the parcels resulting from the lot line adjustment conform;

• (d) If there are no outstanding issues, the package is forwarded to the Engineering Division for processing;

• (e) The lot line adjustment is then checked for conformance with the Subdivision Map Act;

• (f) Applicant prepares certificate of compliance;

• (g) Certificate is signed and stamped by City Engineer;

• (h) Certificate and grant deed reflecting the lot line adjustment are sent to Merced County Recorder's office for recordation.

• (§ 11, Ord. 732, eff. May 3, 1985, as amended by § 44, Ord. 1102, eff. February 4, 2012)