San Marino Municipal Code Art. 04 Lot Splits

When used in this Article the following words and terms shall have the meanings ascribed to them in this Section:

CITY ENGINEER: Includes the Director of Public Works.

LOT SPLITS: Means and refers to subdivisions into less than five (5) lots, except as otherwise regulated by the Map Act and elsewhere in this Chapter. (1954 Code §20.32)

The design standards as set forth elsewhere in this Chapter shall apply to lot splits 1 . (1954 Code §20.33)

The required improvements as set forth elsewhere in this Chapter, except surveying requirements, shall apply to lot splits 2 . (1954 Code §20.34)

A. A durable monument shall be set at each angle and curve point in the boundary of each lot. Such durable monuments shall be not less substantial than a two inch by two inch by twelve inch (2" x 2" x 12") redwood stake with nail and metal tag with the certificate number of the registered civil engineer or licensed surveyor setting it, each number to be preceded by the letters, "R.E." or "L.E.", respectively, as the case may be; provided, however, that whenever a point marking any of the locations abovedescribed occurs in improved areas, such as a concrete sidewalk, curb, wall or pavement, such points shall be marked with a lead plug, tack and such metal tag or with a spike and metal tag securely set in the concrete or pavement, respectively.

B. All monuments shall be subject to inspection and approval by the City Engineer. (1954 Code §20.35)

The subdivider shall post with the City a good and sufficient corporate surety bond in the amount of one hundred percent (100%) of the City Engineer's estimate of the costs of all required improvements, the cost of preparation of plans and specifications therefor, the costs in connection with the inspection thereof, the costs to provide the necessary field engineering therefor and the costs of setting all required monuments and guaranteeing the faithful performance thereof. Such bond shall be subject to review and approval by the City Engineer and the City Attorney before acceptance. (1954 Code §20.36)

A. Preparation: The subdivider shall cause the map to be prepared by a registered civil engineer or licensed surveyor, and such map shall be in full compliance with the requirements of this Section.

B. Form: The map shall be clearly and legibly drawn. The size shall be eight and one-half inches by eleven inches (81/2" x 11") or eleven by seventeen inches (11" x 17"). The scale of the map shall be large enough, not smaller than one inch equals sixty feet (1" = 60'), to show clearly all details thereof, and such map shall contain the following information:

1. The legal description of the entire subdivision and the legal description for each lot, true north point, scale, date of survey, basis of bearings and the subdivision boundary line accurate in scale.

• 2. Name and address of record owner or owners.
• 3. Name and address of the subdivider.
• 4. Name, business address and number of registered engineer or licensed surveyor.

5. Sufficient elevation and contours to determine the general slope of the land and the high and low points thereof.

6. The locations and existing widths of all adjoining and contiguous highways, streets and ways and the tract number or names of adjoining subdivisions.

7. The approximate widths, location and purpose of all existing or proposed easements.

8. Lot layout, dimensions, area in square feet and a number for each lot, which numbering shall start with "1" and be numbered consecutively.

9. The outline of any existing buildings to remain in place and their locations within the subdivision and immediately adjacent thereto, in relation to existing street and lot lines.

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

11. The location of political subdivision lines or corporation lines.

12. The precise position, description and character of all monuments found or required to be set.

13. The location of existing sewers, culverts or other underground structures within the subdivision and immediately adjacent thereto, with sizes and grades indicated.

14. The location of proposed sanitary sewers, storm water drains and other public utilities.

15. Sufficient linear, angular and curve data to determine readily the bearing and length of the boundary lines of the subdivision and of the boundary lines of every lot.

16. Arc lengths, radii and total delta or radial bearings of each curve; where lot corners are rounded at street intersections, the tangents thereof.

17. Existing use or uses of the property.

18. Proposed use of the property; if the property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use.

19. Statement of the improvements and public utilities proposed to be made or installed and of the time at which such improvements are proposed to be completed.

20. Provision for proposed sewerage and sewage disposal.

21. Tree planting proposal.

22. Approximate location of each area covered by brush or trees with a statement of the nature of such cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights of way.

23. Types and location of street lighting proposed.

C. Owner's Statement: Such of the information listed above as may not practicably be shown on the map shall be contained in a written owner's statement accompanying the same. (1954 Code §20.38)

A. Lot Split Fees: Fees shall be paid in an amount set by city council resolution for each parcel created as shown on the map. (Ord. 0-07-1191, 10-10-2007)

B. Number Of Copies For Filing: The subdivider shall submit to the planning secretary for filing with the planning commission ten (10) blue line prints and one thin brown line copy of the map, together with three (3) copies of the owner's statement.

C. Departmental Distribution: The planning secretary shall submit copies of the map to such agencies and departments which it deems to have sufficient interest therein for their review and reports thereon.

D. Publication And Posting Of Notices: The planning secretary shall cause notice of the time and place of hearing by the planning commission on the proposed lot split to be published at least once in a newspaper of general circulation printed, published and circulated generally within the city, such publication to be at least ten (10) days prior to such hearing. Such notice shall contain sufficient data to properly inform interested parties of the identity of the property involved and the nature of the lot split.

The planning secretary shall also cause a copy of such notice to be mailed to the owners of all property located within three hundred feet (300') of the proposed lot split in the manner set forth with respect to variances in chapter XXIII of this code and the following sections. (1954 Code §20.38)

A. Departmental Action: Within ten (10) days from the date of receipt of the copy of the map, each agency or department to which such copy may have been transmitted shall examine the map to ascertain if the lot split proposed thereon conforms to the requirements coming within the authoritative scope of such agency or department and shall file with the planning commission a written report on such map.

B. Public Hearing: The planning commission shall conduct a public hearing on the proposed lot split as published and posted, which hearing shall be held on the first regular meeting of the planning commission occurring at least twenty one (21) days after the date of filing the map and accompanying data with the planning secretary.

C. Planning Commission Action:

1. The planning commission shall review the map and accompanying data and the reports, if any, of the agencies and departments and shall conduct its own full and complete investigation. The planning commission may require such additional information concerning the proposed lot split as it deems necessary.

2. The planning commission shall determine whether the proposed lot split is in conformity with law and this chapter and shall approve, conditionally approve or disapprove the lot split. At the same time the planning commission shall designate the improvements which will be required. Within ten (10) days, the planning commission, through the planning secretary, shall report the action on the proposed lot split to the subdivider.

3. When, in the opinion of the planning commission, it is the intent of the subdivider to divide his land into five (5) or more lots within a thirty six (36) month period, or where the proposed lot split would permit such future additional subdivision as a natural sequence of operations, then the planning commission may disapprove the proposed lot split and recommend that the subdivider file a tentative map in accordance with the provisions of this chapter for subdivisions of five (5) or more lots.

4. When, in the opinion of the planning commission, a dedication and/or improvement of public streets, parkways or other public ways or places is required, then the planning commission may disapprove the proposed lot split and recommend that the subdivider file a tentative map pursuant to the provisions of this chapter 1 .

D. Revised Map: The subdivider shall file with the planning secretary one thin brown line copy of a revised map of the lot split as approved by the planning commission, such revised map to be prepared by a civil engineer or licensed surveyor.

E. Plans And Specifications: In cases where improvements are required, no improvement work shall be commenced until the tracing and two (2) sets of plans and specifications therefor prepared in accordance with approved standards have been submitted to and approved by the City Engineer.

F. Bond: In cases where improvements are required, the subdivider shall post two (2) copies of a bond as specified elsewhere in this Chapter 1 within twenty (20) days from the date of conditional approval to assure that the improvement work and survey requirements will be completed within the time specified by the Planning Commission or, if no time is specified, within one year from the date of conditional approval; provided, however, that the Planning Commission may extend such time for good and sufficient reasons upon application in writing by the subdivider.

Failure on the part of the subdivider to meet any of the foregoing requirements within the times specified shall automatically cause the proposed lot split to become null and void and of no effect. (1954 Code §22.39)

A. Any aggrieved person, the subdivider or any member of the Planning Commission or City Council may appeal the decision of the Planning Commission to the City Council.

Such appeal shall be made by written communication filed within thirty (30) days after the action of the Planning Commission. Thereafter, the City Council shall conduct a public hearing according to the same procedures and standards as set forth for the Planning Commission.

The decision of the City Council approving, modifying or reversing the Planning Commission shall be final.

B. No lot split shall be recognized by the Planning and Building Department or other departments of this City until after the action of the Planning Commission or City Council has become final.

C. Prior to the effective date of any such lot split approved by the Planning Commission or City Council, the subdivider and owner of the lots involved shall cause to be recorded, in the office of the County Recorder, a covenant running with the land declaring the effect of such lot split. Such recordation shall be made on forms supplied by the City. (1954 Code §20.40)