§ 17.12

The necessity for all tentative, final, and parcel maps shall be governed by the provisions of the Subdivision Map Act (SMA) and this title.

(Ord. No. 2469, § 3, 11-2-2010)

17.12.020 - Division of land—Five or more parcels.

A tentative map and a final map as defined in Chapters 17.20 and 17.40 shall be required for all divisions of land that are proposed to be divided into five or more contiguous parcels or five or more residential condominiums or community apartments or the conversion of five or more existing dwelling units to a stock cooperative and for property-line adjustments not exempted under SMA Section 66412(d), except under any of the following circumstances for which a tentative map and parcel map are allowed in accordance with SMA Section 66426:

1.

The land before division contains less than five 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.

2.

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

3.

The land consists of a parcel or parcels of land having approved access to a public street or highway, is zoned for industrial or commercial development, and has the approval of the city as to street alignments and widths.

4.

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

5.

The land being subdivided is solely for the creation of an environmental subdivision defined and pursuant to SMA Section 66418.2. An environmental subdivision may also qualify for a map waiver in accordance with Chapter 17.12.040.

(Ord. No. 2469, § 3, 11-2-2010)

A tentative map or administrative parcel map as defined in Chapters 17.20 and 17.24 and a parcel map as defined in Chapter 17.40 shall be required for all divisions of land that are proposed to be divided into four or fewer contiguous parcels, except where specifically exempted by the Subdivision Map Act.

(Ord. No. 2469, § 3, 11-2-2010)

A.

Qualification. In accordance with SMA Chapter 66428(b), the standard requirements for a tentative map, parcel map, or final map may be waived for the following types of subdivisions:

1.

Commercial condominium and commercial condominium conversions on a single parcel.

2.

Land being subdivided solely for the creation of an environmental subdivision pursuant to SMA Section 66418.2.

3.

Mobile home-park conversions initiated by the owners of mobile homes who are tenants in accordance with SMA Chapter 66428.1.

B.

Application. An application for a map waiver shall be processed under an administrative parcel map as specified in Chapter 17.24, provided that the development services director may, in individual cases, permit the omission of items of information deemed by the director not to be necessary for a proper review of the application. The director may incorporate conditions deemed necessary to support approval and required findings.

C.

Findings. In accordance with SMA Section 66428(b), approval of a map waiver must be based on the following finding:

1.

The proposed division of land is consistent overall with requirements of the general plan, Subdivision Map Act, this title, and RMC Title 18, Zoning Ordinance, as to parcel configuration and area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary-disposal facilities, watersupply availability, and/or environmental protection as are applicable to the project.

D.

Recording. An approved map waiver shall not become operative unless and until all conditions of approval have been satisfied and a map waiver form is recorded in the Office of the Shasta County Recorder prior to expiration of the initial approval. A request to record the map waiver shall be made from the subdivider to the city upon completion of all conditions of approval. Recording with the county recorder shall be undertaken by the city with all recording costs paid by the applicant. When recorded, the map waiver form shall have the same force and effect as a recorded parcel map or final map.

(Ord. No. 2469, § 3, 11-2-2010)

In accordance with SMA Chapter 66424.6, the requirements for a designated remainder or omitted parcel shall be as follows:

A.

A subdivider may designate as a single remainder area for that portion of a subdivision site which is not to be divided for the purpose of sale, lease, or financing. The subdivider may also omit from a tentative map that portion of a subdivision site that is subject to a previously approved and valid tentative map. The subdivider shall provide a written declaration at the time of submittal of the tentative map application, in a form approved by the director, certifying that the identified remainder area is not intended for the purpose of sale, lease, or financing.

B.

A remainder or omitted area will not be considered as part of the subdivision, nor be counted as a parcel, for the purpose of determining whether a parcel or final map is required, but the remainder or omitted area must still be shown and labeled on the required map as part of the original parcel from which the subdivision occurred.

C.

The fulfillment of any necessary construction requirements for improvements and payments of related improvement fees involving a remainder or omitted area shall be consistent with the requirements specified in SMA Section 66424.6.

D.

A designated remainder or any omitted parcel shall not be sold until a certificate of compliance or conditional certificate of compliance is obtained in accordance with Section 17.16.030.

(Ord. No. 2469, § 3, 11-2-2010)

Chapter 17.16 - ENFORCEMENT, REMEDIES, CERTIFICATES OF COMPLIANCE, AND CITY-INITIATED MERGERS

Sections: