Tehachapi Municipal Code Art. I Generally

Tentative and final tract maps shall be required for all subdivisions creating five or more parcels or lots, 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 in the following cases:

A. The land before division contains fewer than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required; or

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

C. The land consists of a parcel or parcels of land having approved access, improved to city standards, 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 as to street alignments and widths; or

D. Each parcel created by the division has a gross area of forty acres or more or is not less than a quarter of a quarter section.

(Ord. 90-13-575 § 1(part), 1990)

Tentative and final parcel maps shall be required in the following cases:

A. All those subdivisions described in subsections A, B, C and D of Section 17.12.010;

B. Divisions of land into four or fewer parcels, which may be referred to as a minor land division.

(Ord. 90-13-575 § 1(part), 1990)

A. Waiver of Requirement. In any case provided in Section 17.12.020, the requirement of a parcel map may be waived in accordance with the procedures set forth in this section. No tentative map shall be required in cases where a parcel map is waived.

B. Application for Waiver of Parcel Map. An application for waiver of the requirement of a parcel map shall be filed with the city planner upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the city planner.

C. Application for Lot Line Adjustment. An application for a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than previously existed is not thereby created, shall be filed with the city planner upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the city planner.

D. Action by City Planner. An application for waiver of the requirement of a parcel map or lot line adjustment shall be acted upon by the city planner within fifty days after it is accepted for filing by the city planner, unless such time is extended by agreement with the applicant. The city planner, or the city council on appeal, shall by written decision, approve or conditionally approve the application for waiver if he or she finds that the proposed division of land complies with, or upon satisfaction of one or more specific conditions shall comply with, such requirements as may have been established by the Subdivision Map Act or this title, 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 the Subdivision Map Act or this title and other ordinances which are applicable to the proposed division of land. An application for a lot line adjustment may be approved, conditionally approved, or denied at the discretion of the city planner or, on appeal, of the city council. Notwithstanding the foregoing, conditions imposed on a lot line adjustment must relate to conformance to city zoning or building ordinances or to facilitate the relocation of existing utilities, infrastructure or easements.

E. Approval for and Issuance and Recording of Certificate of Compliance. Approval or conditional approval of an application for waiver of the requirement of a parcel map or for a lot line adjustment shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, or for a lot line adjustment, the city engineer shall, provided each condition has been satisfied and such lot line adjustment is reflected in a deed or record of survey to be concurrently recorded by the city clerk, issue a certificate of compliance and shall cause said certificate of compliance to be filed for record with the recorder of the county.

F. No requirement of a parcel map shall be waived or lot line adjustment approved which would result in a lot with a net area of less than six thousand square feet unless the applicant has filed with the city planner a petition signed by the owner of each parcel within three hundred feet of such lot, as shown on the latest county assessment roll, approving a lot or lots of such lesser size; provided, however, that in the alternative, such waiver or adjustment may be approved conditionally and subject to the applicant obtaining a modification of lot size requirements under Section 17.12.100.

G. Appeals. Within ten days after mailing of the decision of the city planner, an applicant may appeal to the city council any conditional approval or denial of an application. Such appeal shall be governed by the procedures set forth in Chapter 17.52. The city council on appeal shall have full authority to act on the application, including all authority granted under this chapter to the city engineer.

(Ord. 90-13-575 § 1(part), 1990)

A. The advisory agency shall make investigations and reports on the design and improvement of any proposed division of real property for which tentative maps are required to be filed, and shall recommend the requirements and conditions upon such divisions of land, and to recommend the city council approve, conditionally approve or disapprove such maps and divisions of land.

B. The city planner and city engineer shall advise and assist in making investigations and reports on all tentative maps.

(Ord. 90-13-575 § 1(part), 1990)

Whenever the advisory agency requires improvements pursuant to this title for a division of land into four or fewer parcels, such advisory agency's authority is limited to requiring dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such improvements, where construction is deferred, shall be noticed by certificate on the parcel map, on a certificate of compliance evidencing waiver of a parcel map, or by separate instrument, and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of parcel map being filed for record.

(Ord. 90-13-575 § 1(part), 1990)

This title shall be inapplicable to those transactions and procedures exempted from the Subdivision Map Act by Article 1 thereof.

(Ord. 90-13-575 § 1(part), 1990)

Fees for filing, checking and processing of any map or any other papers, maps, diagrams, or documents required under this title, fees for preparation and filing of any certificate of compliance and fees for any appeal authorized under this chapter shall be in the amounts prescribed by ordinance or resolution of the city council.

(Ord. 90-13-575 § 1(part), 1990)