Portola Municipal Code Ch. 16.48 Short Subdivisions

A. For the purpose of this chapter, anything in Section 66426 of the Government Code to the contrary notwithstanding, a subdivision is defined to be any parcel of real property, improved or unimproved or a 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 lease, or any other purpose, whether immediate or future, by any subdivider into two, three or four parcels.

B. The provisions of this chapter are intended to apply to subdivisions of less than five lots and to afford a simplified procedure for such subdivisions. These provisions shall not apply where such subdivision map contains proposed public streets, alleys, lanes, parks, squares or provisions for the enlarging or changing the boundaries of, or necessitating the performance of work by the city in or upon any public streets, highways, alleys, lanes, parks or squares, in which latter event the subdivision map shall meet all of the requirements of a subdivision of five lots.

(Ord. 146 § 7.1, 1975)

A. Every person desiring to subdivide a parcel of real property in the city into two, three, or four separate lots, or parcels, shall first file with the planning commission six signed legible copies of a map thereof on sheets of good paper of tracing cloth not less than eight and one-half inches in width and eleven inches in length.

B. Said map shall show the following detail:

1. Names and addresses of record owner, subdivider, and engineer or surveyor;

2. Date, north point, and scale;

3. Location and width of all public and private streets, alleys and all other easements lying within the property to be subdivided, with public or private status indicated thereon;

4. The boundaries of lot or lots proposed to be subdivided and the proposed division or resubdivision plan, together with metes and bounds data set forth on present lots as well as proposed lots;

5. The exact area in square feet of each proposed parcel;

6. The lot designation by letter or number on each proposed lot division or subdivision;

7. Designation on each proposed lot of a building site, garage and/or carport location, together with an off-street parking area, sufficient to show that each parcel can be developed without requiring variances under current zoning ordinances;

8. The exact location of each existing building or other improvement within the property to be subdivided;

9. Approximate location of areas subject to inundation or storm water overflow, and the location, width and direction of flow of all watercourses.

C. Exception. Where such subdivision map contains proposed public streets, alleys, lanes, parks, squares or provisions for the enlarging or changing the boundaries of or necessitating the performance of work by the city in or upon any public streets, highways, alleys, lanes, parks or squares, the map will be processed as a more than five-lot subdivision. If there are no streets within the subdivision but the lots of the subdivision front on a substandard road, trail, lane, or street, not formally accepted by the city for maintenance, such subdivision shall be processed as a more than five-lot subdivision.

(Ord. 146 § 7.2, 1975)

On receipt of such map, the planning commission may refer such map to the city engineer for his review and recommendation. The city engineer shall ascertain whether the parcels comply with the requirements of this title and other ordinances of the city and whether adequate provision is made for necessary utility easements, and make his report and recommendations in writing to the planning commission if such map has been referred to him.

(Ord. 178 § 2, 1979)

A. The planning commission shall thereupon consider said map and, if said map meets all the requirements of this title and other ordinances of the city, the planning commission shall approve said map and shall deliver as approved copy of said map to the city building inspector and the county assessor, retaining one approved copy in its office. Should the planning commission find that one or more conditional exceptions to the requirements and regulations set forth in this title are in its opinion justified under the findings of fact set forth in Chapter 16.52, it shall recommend such exceptions to the city council, and the map shall be thereafter processed under that chapter. The planning commission shall at the time, as a condition to their recommendation, request the city council to require the owner of said land to enter into an agreement with the city embodying all of the conditions to be imposed upon the approval of said subdivision and to cause said agreement to be placed of record in the county recorder's office.

B. In the event the planning commission finds that said map does not comply with the ordinances of the city, and that no conditional exceptions are justified, it shall notify the applicant in writing to modify said map so that it will comply with said ordinances. Should the planning commission find that said map cannot be made so to comply, or should the applicant refuse to comply with the necessary modifications required by the planning commission to make it comply with existing ordinances, the planning commission shall thereupon reject said map and forthwith notify the applicant by mail of such rejection.

(Ord. 146 § 7.4, 1975)

In the event the planning commission rejects any map so filed by the applicant, the applicant may file an appeal in writing from the decision of the planning commission with the city council within thirty days after the mailing of such notice of rejection. In the event such appeal be not filed within such thirty-day period, the application shall be deemed denied and the applicant and his successors and assigns shall be barred from filing a new identical application with reference to such lot or parcel for a period of one year from the expiration of such thirty-day period.

(Ord. 146 § 7.5, 1975)

A. The city council, at its regular meeting next subsequent to its receipt of said notice of appeal, shall hear such evidence as may be introduced concerning said appeal and make its findings thereon. If the council finds from the evidence that such map complies with all of the legal requirements of the ordinances of said city, it shall approve said map and advise the planning commission of its approval. If the council finds that such map does not conform to all of the legal requirements it must order its modification so to conform, or its rejection. The findings and action thereon of the city council shall be final and conclusive. In the event of the approval of such map by the council, the city clerk shall forthwith notify the applicant by mail, and shall forthwith deliver, in person or by mail, for filing, one copy of such map to each of the following: to the city planning commission, to the building inspector and to the county assessor.

B. In the event of rejection or modification of such map by the city council said city clerk shall forthwith notify the applicant by mail. In the event modification has been ordered by the council, such applicant may thereupon amend or modify such map in accordance with the action of the council or prepare a new map and file six copies thereof with the city planning commission as provided in this section. The same procedure provided in this section with reference to the filing, approval, rejection or modification of the original map shall be followed with reference to such amended, modified, or new map. In the event the council has rejected such map, the applicant, his successors and assigns shall be barred from a period of one year from the date of such rejection from again applying for the filing of an identical rejected map for a subdivision of such real property or any part thereof.

(Ord. 146 § 7.6(a), (b), 1975)

The city council shall require the subdivider to enter into a subdivision agreement embodying all of the conditions to be imposed on such approval, which agreement shall be duly acknowledged by the parties to such agreement, and said agreement shall thereupon be duly recorded in the county recorder's office.

(Ord. 146 § 7.6(c), 1975)

A. A lot line adjustment between two or more adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, shall be exempt from the normal requirements of this chapter provided the lot line adjustment is approved by planning commission resolution.

B. Applications for such lot line adjustments shall include:

1. A plat drawn to scale depicting the parcels being divided and any improvements and utilities adjacent to the adjusted lines;

2. Legal descriptions typed on plain eight and one-half inches by eleven inches paper of the lands to be exchanged and of the resultant parcels; including assessor's parcel numbers;

3. Written concurrence of the owners of the affected parcels, with their complete names and mailing addresses;

4. Lot book guarantees showing current owners and trust deeds, if any, for each of the affected parcels;

5. Application fees.

C. Applications shall be referred to the city engineer for determination of completeness and compliance with the statutory requirements for lot line adjustments. The city engineer shall report his findings and recommendations to the planning commission within fifteen days of receipt thereof. The planning commission shall consider the matter at a regular meeting, and shall approve, conditionally approve or disapprove the application. Approval or conditional approval shall be by resolution.

D. Approval or conditional approval shall be effective for one year, within which period the applicant shall:

1. Submit the deeds or consent of record owners (if only one owner is involved in the lot line adjustment), together with recording fees;

2. Meet the conditions of approval;

3. Submit a certificate from the county tax collector indicating that there are no liens against any of the affected parcels or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes or special assessments not yet payable. The applicant shall pay or deposit any amount shown to be a lien on the certificate with the county tax collector, and the county tax collector shall credit payment or hold the money so deposited in trust to secure the payment of taxes;

4. Submit evidence that any deeds of trust affecting the parcels have been reconveyed or have been modified to conform to the resultant parcel(s).

E. When he is satisfied that all conditions of approval have been met and all legal documents are in appropriate form, the city engineer shall record the planning commission resolution together with the consent of record owners (if any); and, concurrently, the deeds shall be recorded.

(Ord. 279 (part), 1999: Ord. 175 § 1, 1979)

Should the applicant be dissatisfied with the action of the planning commission, he shall have the right within ten days after the decision of the planning commission to appeal to the city council. Such appeal shall be in writing and shall state in what respects the applicant is dissatisfied. The city council shall, at its next regular meeting, hear such evidence as may be presented, and make its findings thereon. The city council may affirm, modify or reverse the decision of the planning commission, and the findings and action of the city council shall be final and conclusive.

(Ord. 279 (part), 1999)