St. Helena Municipal Code Ch. 16.08 Subdivision Maps Generally

SUBDIVISION MAPS GENERALLY

Sections:

• 16.08.080 Correction and modification of a recorded, subdivision map.

• 16.08.090 Reversion to acreage.

• 16.08.100 Resubdivision without reversion to acreage.

• 16.08.110 Voluntary merger.

A tentative and final map shall be required for all divisions of land when determined by the planning director that such land may be divided into five or more parcels, a community apartment project containing five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

A. 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 council;

B. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths;

D. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than onequarter of a quarter section; or

E. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code section 66418.2.

F. A parcel map shall be required for those subdivisions described in subsections A through E of this section, unless waived by the city council in accordance with the provisions of Section 16.08.060 of this chapter. (Ord. 02-1 § 3; prior code § 25.35)

A tentative and final parcel map shall be required for all divisions of land into four or less parcels, except that maps shall not be required for:

A. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days’ notice in writing;

B. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the planning director in individual cases, upon substantial evidence, that public policy necessitates a parcel map;

C. Parcel maps waived by the city council in accordance with the provisions of Section 16.08.060. (Prior code § 25.36)

A conceptual map, in addition to a tentative and final map, shall be required for all subdivisions creating twenty (20) or more lots, or in the case of condominium and conversion projects twenty (20) or more units, except for those subdivisions described in Section 16.08.010. (Prior code § 25.37)

A map is not required for the sale of the entirety of a designated remainder; however, a certificate of compliance or conditional certificate of compliance shall be required. (Prior code § 25.38)

A. Except as may be specifically set forth in this title, vesting tentative maps and vesting tentative parcel maps shall be processed in accordance with the procedures and regulations governing non-vesting tentative maps and tentative parcel maps.

B. Approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in accordance with the provisions of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code. Such rights shall last for one year beyond the recording of the final or parcel map. (Prior code § 25.39)

A. The planning commission may recommend to the city council a waiver of the requirement for a parcel map, provided the commission finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this title, this code, the general plan and the state Subdivision Map Act. The city council may reject the recommendation of the planning commission only if the city council cannot make the foregoing findings.

B. When the requirement of a parcel map is waived but dedication for the purposes of street widening is necessary, such dedication shall be made by a separate instrument which shall be recorded.

• C. Waiver may be conditioned to provide for, among other things, payment by the subdivider of park land dedication, drainage, traffic and other fees permitted by law.

D. A tentative parcel map and deeds shall be approved and dedications made before a parcel map may be waived. (Prior code § 25.40)

A. A lot line adjustment map may be submitted and approved for a boundary adjustment between four or fewer existing adjoining parcels, which does not create a greater number of lots than originally existed if each of the proposed lots meets all the requirements of local building and zoning ordinances, this code, and the general plan.

B. Applicants for a lot line adjustment approval shall submit to the planning department a completed application form signed by all parties having a record title interest in the involved property along with the following:

1. Copies of the recorded document that established each involved parcel as a legal parcel. For purposes of this subdivision parcels are separated for assessment purposes are not legal parcels for purposes of processing a lot line adjustment;

2. Two copies of a preliminary title report concerning the property, not more than thirty (30) days old;

3. Seven copies of a tentative lot line adjustment map accurately drawn to scale.

Measurements shall be identified by feet, square feet or acres to the nearest tenth. The map shall be eight and one-half by eleven inches in size and shall specifically show the following:

• a. All exterior and interior lines shall be shown on the map and shall be identified by course and bearing description, based on survey data, calculated data, or information of record,

• b. Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguished from the subordinate to remaining new lines,

• c. All existing structures shall be accurately located on the original parcels together with their dimensions, the distance between structures and the number of stories and height of each structure,

• d. The distance from the existing structures to the boundary lines of the new parcel on which the structures are located,

e. The distance from existing wells, septic tank and leach fields to existing and proposed property lines,

• f. The locations, purpose and width of all existing and proposed easements, streets and appurtenant utilities,

• g. The approximate location of all watercourses and existing drainage structures,

• h. A reference to prior parcel maps or prior lot line adjustments on the subject property,

• i. A copy of an existing Williamson Act agreements affecting the parcels to be adjusted,

• j. The assessor parcel numbers of all presently existing lots involved in the application;

4. The required fees and deposits.

C. The documents submitted shall be reviewed by the planning director and public works director who shall approve the lot line adjustment if they find each condition set forth in subsection A of this section is met. The directors may impose conditions or exactions on their approval to conform to local zoning and building requirements or to facilitate the relocation of existing utilities, infrastructure or easements. The directors’ decision shall be final unless appealed to the planning commission as provided in subsection D of this section.

D. If a lot line adjustment is approved or conditionally approved, the directors shall make a written report thereof to the planning commission at its next regularly scheduled meeting. If the planning commission decides, by majority vote, to review the lot line adjustment and conditions, it shall conduct a public hearing after giving notice pursuant to Section 16.04.100. The public hearing shall be held within thirty (30) days after the date of the request for review. The planning commission may add, modify or delete conditions if the planning commission determines that such changes are necessary to ensure that the lot line adjustment conforms to the state Subdivision Map Act and this code. Within fourteen (14) days following the conclusion of the hearing, the planning commission shall render its decision. If the planning commission does not act within with time limits set forth in this section, the lot line adjustment shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the directors insofar as it complies with all other applicable provisions of the state Subdivision Map Act, this title, this code and the general plan.

E. If the planning commission does not decide to review the lot line adjustment and conduct a public hearing pursuant to subsection D of this section, any decision taken under subsection C of this section shall be published once in a newspaper of general circulation in the city. In addition, the planning director shall provide individual mailed notice of any such decision to owners of property as shown on the last equalized assessment roll within three hundred (300) feet of the subject properties. Any interested party may appeal such decision to the planning commission by filing with the planning department a written statement setting forth the grounds of appeal within ten (10) days of the date of publication of such decision. The planning commission shall conduct a public hearing and act on the appeal in accordance with subsection D of this section.

F. Appeals of planning commission action with respect to lot line adjustments shall be made to the city council in accordance with the provisions of Section 17.08.180. On appeal, the city council shall, by resolution, approve the lot line adjustment if it finds that each condition set forth in subsection A of this section is met. The city council may add, delete or modify conditions if the city council determines that such changes are necessary to ensure that the lot line adjustment conforms to the state Subdivision Map Act and this code.

G. Following approval of the lot line adjustment and after satisfying all conditions of approval, the applicant shall submit to the planning department for review and approval revised deeds for transfer of the property and thereafter shall record the documents and submit copies of the recorded documents to the planning department. No record of survey shall be required unless required by Section 8762 of the Business and Professions Code. In lieu of satisfying development conditions, the applicant may post a bond or other acceptable security satisfactory to the city in form and amount to secure applicant’s agreement to satisfy development conditions.

H. A lot line adjustment approval shall be valid for one year from the date of approval and if the revised lots are not a matter of record within that one-year period, the approval shall expire. (Ord. 02-1 § 4; prior code § 25.41)

A. A recorded final or parcel map may be amended to correct technical errors or omissions as set forth in Government Code Section 66469. The public works director shall have the responsibility to examine the amending map or certificate of correction and make the required certification.

B. Upon application in writing, minor modifications regarding notes, conditions, etc., on a recorded final or parcel map may be made in accordance with the requirements of Government Code Section 66472.1 in the same manner and by the same body as required for the original subdivision approval, if the following findings are made:

1. That there are changes in circumstances or the availability of new information which make any or all of the conditions of such map no longer appropriate or necessary;

2. That the modifications do not impose any additional burden on the present fee owner of the property;

3. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

4. That the map as modified conforms to all the provisions of the state Subdivision Map Act and local implementing ordinances.

• C. An approved modification shall be reflected by a certificate of correction or amending map as approved by the public works director. (Prior code § 25.152)

Subdivided land may be reverted to acreage in accordance with the provisions of Government Code Sections 66499.11 et seq. In addition, a parcel map may be filed pursuant to Government Code Section 66499.20 1/4 to revert to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. The city council may require as conditions of the reversions:

• A. The owners dedicate or offer to dedicate streets, public rights-of-way or easements;

B. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the state Subdivision Map Act or this title;

C. Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the state Subdivision Map Act or this title or necessary to protect the public health, safety or welfare. (Prior code § 25.153)

Previously subdivided lands may be merged and resubdivided without reverting to acreage pursuant to Government Code Section 66499.20 1/2 through compliance with all of the applicable requirements for the subdivision of land. The filing of the final map or parcel map with the office of the county recorder shall constitute legal merger and resubdivision of such parcel, and shall constitute abandonment of all streets and easements not shown on the map. (Prior code § 25.154)

Upon request of the legal owner of contiguous parcels, the planner director may approve the merger of the property without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by an executed assessor’s combining agreement and such other data, documents or maps as may be required by the planning director to illustrate or legally describe the proposed configuration, dedications, etc. In approving the combination of parcels, the planning director may impose reasonable conditions. The planning director’s decision shall be final unless appealed to the planning commission. The procedure for approval, appeals, and notice of lot line adjustments, set forth in Section 16.08.070(D), (E) and (F), shall be followed for voluntary mergers. Upon approval, the planning director shall file a notice of merger with the county recorder. (Prior code § 25.155)