Chapter 19.28 — MINOR SUBDIVISIONS—REQUIREMENTS

Except as otherwise provided in this Title, all minor subdivisions shall conform to the lot design requirements of Section 19.16.010 of this Title.

A panhandle-shaped or flag-shaped lot, if permitted, by Title 20, shall have a minimum frontage of 30 feet on a dedicated public street or publicly dedicated easement accepted by the City. Said minimum frontage shall be 20 feet for each such shaped lot when located back-to-back with another such shaped lot. Panhandles may not serve as access to any lot except the lot of which the panhandle is a part.

Where the panhandle or flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required minimum frontage on such street or easement shall be 20 feet, provided, a joint easement ensuring common access to both such portions is agreed upon by the property owners and recorded.

No parcel map filed pursuant to Chapter 19.32 of this Title shall be approved by the City Engineer unless and until the following conditions have been satisfied:

(a)

There shall be offered for dedication, pursuant to Section 19.28.050 of this chapter, right-of-way for streets in accordance with the circulation element of the General Plan, any applicable master plans, specific plans or other officially adopted street plans and the City standards within and adjacent to the boundaries of the land to be subdivided.

(b)

Streets which are proposed on the boundaries of a subdivision shall be offered for dedication to a width of no less than one-half the width shown on the circulation element or the City standards plus 12 feet. In the event that the offer of dedication for the streets is to be accepted prior to the final approval of the parcel map, a strip of land one foot wide extending along the outer edge of the land offered for dedication may be required to be offered to the City for street purposes and over which access rights are relinquished.

(c)

Offers of dedication for streets which will be accepted before final approval of the parcel map, and which streets are proposed to be terminated at the boundary of the minor subdivision may be required to include a strip of land one foot wide extending across the street at its point of termination at the boundary which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.

(d)

Easements for public utilities and drainage-ways shall be offered for dedication in the manner prescribed by Section 19.28.050 of this chapter as required by the City Engineer when he determines that such offers of

dedication are necessary to serve the subdivision and/or are a reasonable and logical extension of such facilities as exist in the vicinity.

The City Engineer may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access.

Pursuant to Section 66447 of the Subdivision Map Act, all dedications or offers of dedication required by the provisions of this chapter shall be by separate instrument and shall be completed prior to filing of the parcel map or by certificate on the parcel map as the City Engineer may elect. An offer of dedication shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and except as provided in Subsection (b) of Section 66477.2 of the Subdivision Map Act, shall continue until such dedication is accepted or the offer is abandoned or otherwise terminated. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purposes of which

the dedication of offer of dedication is required. The subdivider shall provide a current preliminary title report or equivalent proof of title satisfactory to the City Engineer. The City Engineer is authorized to accept dedications of offers or dedication or to reject such offers on behalf of the City.

(a)

As a condition precedent to the approval of a parcel map for a minor subdivision, the subdivider shall construct all off-site and on-site improvements in accordance with the requirements applicable to major subdivisions as set forth in Section 19.16.050 of this Title for the parcels being created; provided, however, that requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

(Ord. No. 91-903, 10-22-91)

(b)

Fulfillment of such construction requirements shall not be required until, at or after such time as a building or grading permit is issued by the City or at such time as may be provided by an agreement between the subdivider and the City pursuant to Section 19.28.070, except that in the absence of such agreement, the City Engineer may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel map upon a finding that fulfillment of such construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area.

Unless the subdivider elects, with the consent of the City Engineer, to construct the improvements required by Section 19.28.060 prior to approval of the parcel map, the subdivider shall execute an agreement to construct such improvements or to otherwise comply with the requirements of this Title and with the conditions of approval for the tentative parcel map for the subdivision prior to approval of the parcel map. If the subdivider consents, the agreement may provide for the construction of such improvements prior to issuance by the City of a building or grading permit for a parcel within the subdivision. The subdivider shall provide improvement security in accord with Sections 19.16.070, 19.16.080, 19.16.090 and 19.16.100 of this Title. In addition, the subdivider shall prepare and deposit with the City Engineer detailed plans and specifications of the improvements to be constructed, and such plans and specifications shall be made a part of any such agreement and of the improvement security. The City Manager is authorized to execute such agreements on behalf of the City.

Other provisions of this Title to the contrary notwithstanding, the following minor subdivisions shall not be subject to the public improvement or dedication requirements of this chapter, except insofar as is necessary to comply with the Subdivision Map Act, including Sections 66426 and 66428 thereof:

(a)

Any parcel or parcels of land divided into lots or parcels, each of a gross area of 40 acres or more; or each of which is a quarter-quarter section or larger.

Whenever a subdivider is required as a condition of a tentative parcel map to construct or install off-site improvements on property which neither the subdivider nor the City owns, then not later than 60 days prior to filing the parcel map for approval, the subdivider shall provide the City with sufficient information, reports and data including, but not limited to, an appraisal and title report, to enable the City to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title.

The subdivider shall agree, pursuant to Section 19.28.070 to complete the improvements at such time as the City has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in Section 19.28.070.

Every parcel map shall show monuments which shall be set by a licensed surveyor or engineer in accordance with Section 19.16.050 of this Title, provided that monumentation of the exterior boundary of a remainder parcel need not be placed or shown on the parcel map. The monuments shall be set prior to the approval of the map unless the setting thereof is deferred by the City Engineer in accordance with Section 66496 of the State Government Code. The City Engineer is authorized to accept monumentation agreements and securities for parcel maps on behalf of the City.