§ 16.12

A.

The filing of a parcel map for record may be waived when preparation of a tentative map by a registered civil engineer, licensed land surveyor, licensed architect, licensed landscape architect or professional land use planner is not required under Section 16.08.020A of this title; provided, that the planning commission specifically finds that the proposed land division complies with all development standards and all other city standards and requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of the Map Act and this chapter. A waiver of recordation of a parcel map shall expire concurrently with the approved tentative map upon which the waiver is based.

B.

Whenever the planning commission approves a waiver of recordation of a parcel map, the development services director or his or her designee shall issue a notice of waiver of parcel map which shall contain

such information as the city council may by resolution direct. The director of public services shall cause the notice to be filed for record.

(Ord. 97-98 § 15.12.010)

A.

All tentative maps expire twenty-four (24) months from the date of approval. For a final map or parcel map, a tracing and five legible prints of the map in the required form, any agreements and security required under Sections 16.16.040, 16.16.050, 16.16.060 and 16.16.070 of this title, and any other evidence necessary to establish that all conditions of approval of the tentative map are satisfied shall be filed in the department of public services prior to expiration of the tentative map. An application for waiver of recordation of a parcel map shall be filed with the planning division prior to expiration of the tentative map and shall include evidence that all conditions of approval of the tentative map are satisfied and any agreements and security required under Sections 16.16.040, 16.16.050, 16.16.060 and 16.16.070 of this title have been filed in the department of public services.

B.

At the time of filing, map checking fees shall be paid to the department of public services. The fee for recording a final map, parcel map or notice of waiver of parcel map and any related documents shall be deposited with the department of public services prior to recordation.

(Ord. 97-98 § 15.12.020)

16.12.030 - Review—Approval procedures.

A.

The planning division and the department of public services shall review each parcel map or final map submitted for recordation and any related documents. Upon determining that a parcel map or final map substantially conforms to the approved tentative map and that all conditions of approval are satisfied, the director of public services, or his or her designee, shall approve or conditionally approve the map. An approved parcel map shall be filed for record by the department of public services. A final map shall be filed with the clerk of the city council and the director of public services shall recommend approval, conditional approval or disapproval to the council.

B.

Any final map or parcel map which fails to meet the requirements of the Map Act, this chapter or the development standards may be approved when such failure of the map is a result of a technical and inadvertent error and the director of public services determines that such error does not materially effect the validity of the map.

C.

If a map is determined not to substantially conform to the approved or conditionally approved tentative map, the map shall be returned to the applicant, or his or her agent, who shall be advised of deficiencies in the map. No final map for a land project shall be approved unless a specific plan for the area proposed to be included within the land project has been adopted and the city council finds that the proposed land project, together with provisions for its design and improvement, is consistent with that plan.

(Ord. 97-98 § 15.12.030)

The development services director or his or her designee shall cause appropriate conditions or notations to be written or printed on the face of any final or parcel map or included in any notice of waiver of parcel map, when the planning commission or city council has so directed. If the director of public services, county health officer, or development services director or his or her designee determines that a notation on the face of any final or parcel map or in any notice of waiver of parcel map is necessary or desirable to protect the public interest with respect to the proposed land division, the director of public services shall, with the concurrence of the city counsel, make such notation.

(Ord. 97-98 § 15.12.040)

A certificate of ownership consenting to the preparation and recordation of a parcel map or notice of waiver of parcel map, shall be signed by all record title owners of property proposed for division by parcel map or pursuant to a waiver of parcel map. The certificate and all dedications or offers of dedication shall appear on the face of the parcel map, or be attached as an exhibit to the map or notice of waiver of parcel map, or appear on separate instruments recorded concurrently with the map or notice.

(Ord. 97-98 § 15.12.050)

If a soils investigation report has been prepared, the fact that the report has been made, the name and registration number of the engineer who prepared it and the date of the report shall be noted on the face of the map. Approval of the map does not constitute approval of the preliminary soils report, soils investigation report or the engineer's true statement of soil conditions.

(Ord. 97-98 § 15.12.060)

A final map or parcel map may be reverted to acreage by the city council pursuant to Chapter 6 (commencing with Government Code Section 66499.11) of the Map Act. In addition, a parcel map may be recorded pursuant to Government Code Section 66499.20-1/4 for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

(Ord. 97-98 § 15.12.070)

Subdivided lands may be merged and resubdivided without reverting to acreage pursuant to provisions of Government Code Section 66499.20-1/2.

(Ord. 97-98 § 15.12.080)

A recorded final map or parcel map or the conditions applied to it may be modified as provided in Government Code Section 66472.1.

(Ord. 97-98 § 15.12.090)

A.

The city engineer shall ministerially approve a parcel map application for an urban lot split if it meets the requirements of Government Code Section 66411.7 and conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410). No public hearing shall be required.

B.

The city engineer shall require a lot split pursuant to this section to comply with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcels created by pursuant to this section, to the extent that such standards do not conflict with Government Code Section 66411.7.

C.

Notwithstanding Paragraph A, the city engineer may deny a lot split proposed pursuant to this section if the building official makes a written finding, that the project proposed would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Grounds for denial include:

1.

Roads.

a.

The project is served by a street that does not meet minimum design standards of the city or other responsible agencies.

b.

The street that serves the project site exceeds standards for dead end road lengths.

Location. The project site is located within the Very High Fire Severity Zone and all structures, both existing and new, do not comply with the following standards:

a.

The property shall conform to all California defensible space and vegetation management laws.

b.

New structures shall be built to (WUI) Wildland Urban Interface and/or (VHFHSZ) Very High Fire Hazard Severity Zone requirements according to current mapping. Existing structures that do not conform with WUI requirements shall retrofit all roofing, exterior coverings, windows, and decking with noncombustible and ignition-resistant materials to meet performance requirements of the California Referenced Standards Code Title 24, Part 12. All other openings into the building shall be retrofitted with approved ember resistant vents or similar.

3.

Utilities.

a.

The project site is in an area not served by the municipal wastewater collection system and cannot comply with applicable Shasta County environmental health requirements for onsite waste disposal (septic systems).

b.

Public utilities are not available or lack adequate capacity that is sufficient to serve the increased utility demand on the site that will result from the project.

4.

Environment.

a.

The project would have a specific adverse impact upon the environment that cannot be mitigated without development of offsite improvements.

D.

Accessory dwelling units are prohibited after completion of an urban lot split.

(Ord. No. 22-292, § I, 3-1-2022)

Chapter 16.16 - IMPROVEMENTS

16.16.010 - Map approval required before commencement of work.

No work of improvement, construction of any permanent structure or installation of a mobile home shall commence before the final map, parcel map, or notice of waiver of parcel map is filed for record. This section does not apply to clearing for purposes of surveying to prepare a map or to any construction or improvement approved as a condition of approval of a tentative map, provided that improvement and construction plans have been checked and approved by the department of public services and any use permit, building permit or other entitlement for use or other grant of approval for the work which may be required by law is first secured. As used in this chapter, "work" includes "improvement" and "construction" includes "installation."

(Ord. 97-98 § 15.16.010)

16.16.020 - Tentative map approval— Conditions for commencement of work.

A.

When a tentative map has been approved or conditionally approved, construction of improvements may begin if and only if:

1.

Water potability and quantity have been approved in writing by the public works director and if necessary, the county health officer;

2.

The estimated cost of construction plan checking and city inspection services, as determined by the director of public services, has been deposited with the director and improvement and construction plans, in a form as required herein, have been approved in writing by the director. The plans shall show the complete plans, profiles, and details for all street work and bridges, drainage channels and embankments, including sedimentation and erosion controls; the location of underground utilities which may control the location and elevation of storm drains and culverts; the location of fire hydrants and street monuments; curbs, gutters, sidewalks, fences, gates and driveways if constructed in conjunction with subdivision improvements; grading for streets, lots, and improvements; and any other improvements or work which may be required. If the plans include five or more sheets, a key map showing the relationship among all sheets shall be included in the first sheet of plans;

3.

In the case of improvements which include sanitary sewers, storm drains or water systems to be accepted by or operated by a public agency, the plans are reviewed and approved by the accepting jurisdiction prior to approval of the remainder of the plans;

4.

The plans and profiles are submitted on sheets of uniform size, as determined by the director of public services; a border is provided with a suitable title block in the lower right-hand corner; and the scales for various portions of the drawings, and the north point where applicable, are shown on all sheets. Reference may be made to applicable city standard details in lieu of duplicating the drawings therein;

5.

After preparation of a required soils investigation report, a true statement of soil conditions is filed with the department of public services prior to approval of the plans. The statement shall indicate the maximum fill material used or proposed to be used on each lot and that the soil has been or will be prepared in accordance with the recommendations of a qualified registered civil engineer.

B.

1.

The plans shall be prepared by a registered civil engineer for all tentative maps which propose creation of five or more parcels or which propose or will require any of the following: (a) the use of more than one culvert or a single culvert in excess of eighteen inches in diameter; (b) a cut bank, filled bank or fill area of over five feet vertical height; or (c) a street grade in excess of ten percent.

2.

When preparation of plans by a registered civil engineer is not required, the plans shall include horizontal and vertical alignments; typical sections and the sizes and locations of culverts, as previously approved by the department of public services, and any other information required by the department of public services.

(Ord. 97-98 § 15.16.020)

16.16.030 - Department of public services— Approval and inspection required.

A.

The department of public services and, if necessary the county health officer, shall approve, conditionally approve or disapprove, or specify necessary corrections to the plans not more than thirty (30) days after submission of the plans to them and shall report their determinations to the subdivider or his agent. The director of public services may specify phases of construction and require appropriate inspections to be made at the end of a phase as a condition precedent to undertaking the next phase. When improvements are required, approval of the plans by the department of public services and the health department is a condition precedent to approval of a final map or parcel map pursuant to Sections 16.12.020, 16.12.030, 16.12.040, 16.12.050 and 16.12.060 of this chapter.

B.

Construction of improvements shall be inspected by the department of public services and the county health officer, as appropriate.

(Ord. 97-98 § 15.16.030)

16.16.040 - Conditional agreement for subdivision improvements.

A.

If any required improvements are not approved as complete by the department of public services at the time of approval of the final map or parcel map, the subdivider, as a condition precedent to approval of the

map, shall enter into an agreement to construct the improvements within one year of the recordation of the map pursuant to Government Code Section 66462. The term of any such agreement for the completion of required improvements may be extended by subsequent agreement(s) for a combined additional period not to exceed five years, subject to the following findings by the city council prior to approving any such extension:

1.

The extension will not cause or contribute to public health or safety problems, or impede the orderly development of the surrounding area;

2.

All of the parcels created in the subdivision remain under common ownership; and

3.

Performance security as of the date of the extension of time to complete the improvements is adequate to insure completion of the remaining improvements.

An extension may be conditioned upon construction of the improvements to meet city standards in effect when the extension is approved, as set forth in the agreement extending the time of performance, and these standards shall then supersede any prior standards approved or agreed upon if made applicable.

(Ord. 97-98 § 15.16.040)

16.16.050 - Dedication to public use.

Whenever improvements are to be dedicated to public use or accepted for maintenance by the city, the subdivider shall, prior to approval of the final map, parcel map or waiver of parcel map, enter into an agreement to maintain the improvements at no expense to the city against any defective work or labor done or defective materials used. As used in this section and Section 16.16.060 of this chapter, a defect in work, labor or materials includes, but is not limited to, the failure of an improvement, during the term of an agreement, to meet applicable city standards or to be fit for its intended use. The term of the agreement shall be one year from the date of acceptance of the dedication or of acceptance of the improvement for maintenance by the city unless the director of public services determines that the condition and circumstances in a particular case require a longer period. In lieu of agreement with the subdivider, the city may, at its option, enter into an equivalent agreement with the contractor who performed the work.

(Ord. 97-98 § 15.16.050)