Chapter 9 — 860M - MINOR SUBDIVISIONS

9-860.2M - REQUIREMENTS FOR APPLICATION.

In addition to the application requirements specified in Section 9-860.2 and Chapters 9-905 and 9-905M of the Development Title, the additional application requirements specified in Section 9-857.2M for Major Subdivision Applications shall be required for Minor Subdivision Applications.

(Ord. 4066, § 17, 2000)

9-860.4M - FINDINGS.

Prior to approving an application for a Minor Subdivision, the Review Authority shall find that all of the following are true:

(a)

Plan Consistency. The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the County;

(b)

Design or Improvement. The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;

(c)

Type of Improvement. The site is physically suitable for the type of development proposed;

(d)

Density of Development. The site is physically suitable for the proposed density of development;

(e)

Fish or Wildlife. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

(f)

Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(g)

Access. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;

(h)

Dedications. Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other applicable plan adopted by the County;

(i)

Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and

(j)

Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 3813 (part), 1994; Ord. 3974, § 12, 1998; Ord. 4066, § 18, 2000)

9-860.7M - PRELIMINARY MAPS.

A Preliminary Map that is a Minor Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.

(Ord. 3953, § 6 (part), 1997)

9-860.8M - MINOR SUBDIVISIONS NOT WITHIN MASTER PLAN DENSITY RANGE.

A Minor Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.

(Ord. 3953, § 6 (part), 1997; Ord. 4066, § 19, 2000)

9-860.9M - APPROVAL OF SPECIFIED MINOR SUBDIVISION PLAN ATTACHMENTS.

The following attachments to a Minor Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 9-210 of the Development Title:

(a)

Vehicle Circulation Plan and Roadway Improvement Plan;

(b)

Pedestrian, Bicycle, and Transit Connections Plan;

(c)

Fencing and Edge Treatment Plan;

(d)

Soundwall Plan;

(e)

Street Landscaping Plan;

(f)

Street Lighting Plan;

(g)

Second Unit Dwelling Plan; and

(h)

Open Space, Recreation, and Trails Plan.

The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards.

(Ord. 4066, § 20, 2000)

9-860.10M - AMENDMENT OF SECOND UNIT DWELLING PLAN.

An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 9-210 of the Development Title, provided the following conditions are met:

(a)

For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;

(b)

All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and

(c)

The replacement parcels specified in Subsection (a) shall be within the same neighborhood.

(Ord. 4066, § 21, 2000)

CHAPTER 9-878M - REVISIONS OF APPROVED ACTIONS

9-878.4M - FINDINGS.

The following modification or amendment to the findings required for revisions of approved actions for major or minor subdivisions shall be applicable:

(a)

Major or Minor Subdivisions. For amendments to conditions of a tentative map or a vesting tentative map of an approved Major or Minor Subdivision application, the Review Authority shall find the following are true:

(1)

There are changes in circumstances which make any or all of the conditions of the tentative map or the vesting tentative map no longer appropriate or necessary; and

(2)

• The conditions of the tentative map or the vesting tentative map shall conform to the findings of Chapter 9 857M, if a major subdivision, or to the findings of Chapter 9-860M, if a minor subdivision.

(Ord. 3813 (part), 1994)

CHAPTER 9-890M - PARCEL MAP WAIVERS

9-890.4M - FINDINGS.

Prior to approving an application for a Parcel Map Waiver, the Review Authority shall find that all of the following are true:

(a)

Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act, the San Joaquin Development Title and the Mountain House Development Title;

(b)

Conformity with Regulations. The proposed minor subdivision:

(1)

Conforms to State and County requirements as to area, improvement and design, and flood water drainage control,

(2)

Has appropriate improved public roads available,

(3)

Has adequate sanitary disposal facilities available, and

(4)

Has adequate water supply available;

(c)

Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment;

(d)

Conformity with Plans. The proposed minor subdivision conforms to the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other plans adopted by the County;

(e)

Conformity with Other Ordinances. The proposed minor subdivision conforms with all other County ordinances;

(f)

Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines and monumenting of property lines;

(g)

Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section;

(h)

Certificate of Compliance. A Certificate of Compliance has been obtained, or assurances have been given by the applicant that a Certificate of Compliance will be obtained;

(i)

Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available; and

(j)

Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 3813 (part), 1994)

CHAPTER 9-896M - Repealed by Ord. 3939. CHAPTER 9-905M - GENERAL PROVISIONS

9-905.9M - LOT REQUIREMENTS.

The following shall amend the provisions concerning Section 9-905 lot requirements of the Development Title:

(a)

Angle of Lot Side Line. Lot or parcel side lines shall be approximately normal to the street right-of-way lines to the extent practical.

(Ord. 4276, § 17, 2005)

9-905.12M - SURFACE AND SUBSURFACE CONTAMINATION REPORT.

In addition to the provisions concerning the Surface and Subsurface Contamination Report specified in the Development Title, the following provisions shall be applicable:

(a)

Site Assessment. The Surface and Subsurface Contamination Report shall include a site assessment prepared in accordance with ASTM standards to assess the presence of any fuel, pesticide, herbicide or chemical residue on or under the soil that is listed on the State or Federal list of toxic materials.

(1)

A component of the required site assessment shall be an investigation of the location and condition of currently used and abandoned water wells and gas wells.

(2)

If the Surface and Subsurface Contamination Report indicates the presence of residues in excess of allowable limits within the affected area, corrective actions shall be undertaken, as recommended in the report and concurred with by the County. Said corrective actions shall be conducted in accordance with the requirements of the County and the applicable State agency.

(3)

Corrective actions shall be completed prior to approval of the final map or parcel map.

(Ord. 3813 (part), 1994; Ord. 3953, § 7, 1997)

9-905.13M - DESIGN GUIDELINES.

Design Guidelines with development standards shall be submitted for review by the Community Development Department Director and Mountain House Design Consistency Review Committee. Said Design Guidelines shall be found by the Community Development Director to be consistent with the Mountain House Master Plan, Mountain House CSD Design Manual and other applicable, adopted community plans prior to approval of the final map or parcel map. Design Guidelines shall not be required for preliminary maps.

(Ord. 3813 (part), 1994; Ord. 4066, § 22, 2000)