Chapter 16.24
SUBDIVISIONS OF FOUR OR FEWER PARCELS
Sections:
16.24.020 Form and contents, accompanying data and reports.
16.24.040 Action by community development director.
16.24.050 Extension of time for community development director action.
16.24.060 Appeals of community development director action.
16.24.070 Expiration and extensions.
16.24.080 Amendments to approved or conditionally approved tentative map.
16.24.090 Waiver of parcel map requirements.
16.24.010 General.
The form and contents, submittal and approval of tentative maps for four or fewer parcels shall be governed by the provisions of this chapter. (Ord. 86-6, 1986).
16.24.020 Form and contents, accompanying data and reports.
The tentative map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of BMC 16.16.020 and the accompanying data and reports shall comply with and be consistent with BMC 16.16.030 through 16.16.050, inclusive. (Ord. 86-6, 1986).
16.24.030 Department review.
The tentative map shall be accepted for review in accord with the provisions of BMC 16.16.060. (Ord. 86-6, 1986).
16.24.040 Action by community development director.
A. Upon receipt of an application that is accepted as complete by the city, the department shall prepare a report and set the matter for a public hearing before the community development director in accord with the provisions of BMC 16.04.060.
B. The community development director shall approve, conditionally approve, or deny the tentative map within 50 days after the tentative map has been accepted for filing. The tentative map may be approved or conditionally approved by the community development director if he makes the findings set forth in BMC 16.16.080(B). The director shall deny approval of the map if he makes any of the findings contained in BMC 16.16.080(C). The director’s action shall be reported to the subdivider within 50 days of the date the map is accepted for filing. (Ord. 92-16 N.S. § 6(1), 1992; Ord. 89-2 N.S. § 11, 1989; Ord. 86-6, 1986).
16.24.050 Extension of time for community development director action.
Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and the community development director. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. (Ord. 92-16 N.S. § 6(2), 1992; Ord. 86-6, 1986).
16.24.060 Appeals of community development director action.
A. The subdivider or any interested person adversely affected by the community development director’s action under BMC 16.24.040 may file a written appeal in accordance with Chapter 1.44 BMC. Within 10 days following the conclusion of the hearing, the planning commission shall render its decision. The planning commission may sustain, modify, reject or overrule any recommendations or rulings of the community development director that are the subject of the appeal, and may make any findings that are consistent with the provisions of the Subdivision Map Act or this title.
B. If the planning commission fails to act upon an appeal within the time limits set forth in this chapter, the tentative map shall be deemed to be approved or conditionally approved by the community development director insofar as it complies with the Subdivision Map Act, this title and this code. (Ord. 07-53 § 1; Ord. 92-16 N.S. § 6(3), 1992; Ord. 89-2 N.S. § 12, 1989; Ord. 86-6, 1986).
16.24.070 Expiration and extensions.
The approval or conditional approval of a tentative map shall expire 24 months from its approval, unless this time period is extended by the provisions of BMC 16.16.100 or 16.16.110. The subdivider may request an extension of the expiration date for action in accord with the provisions of BMC 16.16.110. The community development director may approve, conditionally approve or deny the request for an extension. The subdivider or any interested person or agency may appeal the action in accordance with Chapter 1.44 BMC. (Ord. 07-53 § 2; Ord. 92-16 N.S. § 6(4), 1992; Ord. 89-2 N.S. § 13, 1989; Ord. 86-6, 1986).
16.24.080 Amendments to approved or conditionally approved tentative map.
Amendments to the approved or conditionally approved tentative map or conditions of approval shall be made in accordance with BMC 16.16.120; provided, that amendments which, in the opinion of the department, are not minor, shall be presented to the planning commission for approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this title. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 86-6, 1986).
16.24.090 Waiver of parcel map requirements.
A. The community development director may, at his or her discretion, waive the requirements for a parcel map for the following:
1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgements or decrees;
2. Division of property resulting from conveyance of land or interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;
3. Division of property which has been merged pursuant to this title, the Subdivision Map Act or any prior ordinance of the city;
4. Any other division of property which would otherwise require a parcel map.
B. The community development director, in consultation with the city engineer, shall make a finding that the proposed division of land complies with requirements as to: (1) area; (2) the city’s standard engineering specifications for improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and (3) other requirements of the Subdivision Map Act and this code.
C. Upon the waiver of the parcel map requirement pursuant to this section, the department shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with BMC 16.52.030(B), and a plat map showing the division. The certificate shall include a certificate by the county tax collector in accordance with Division 8 of the Subdivision Map Act.
D. A waiver by the community development director may be conditioned to provide for payment by the subdivider of parkland dedication, drainage, and other fees by a method approved by the community development director. (Ord. 86-6, 1986).
16.24.100 Parcel maps.
The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of the Subdivision Map Act and this section.
A. Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1:10,000 for field closures and 1:20,000 for calculated closures.
B. Form and Contents. The form and contents of the parcel map shall conform to the final map form and contents requirements of BMC 16.20.040 and 16.20.050.
C. Preliminary Submittal. The subdivider shall submit prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by BMC 16.20.060.
The city engineer may waive any of the requirements if the location and nature of the proposed subdivision does not need compliance with the requirements of BMC 16.20.060.
D. Review and Approval by Director of Public Works or City Engineer. The director of public works or city engineer shall review the parcel map and the subdivider shall make corrections and/or additions until the map is acceptable to the public works director or city engineer. The subdivider shall submit to the city engineer the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map. The city clerk or authorized agent shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the approved parcel map to the county recorder.
The director of public works or city engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this title, the tentative map and all conditions thereof. (Ord. 91-17 N.S. § 2, 1991; Ord. 86-6, 1986).