Chapter 16.12
MAPS REQUIRED
Sections:
16.12.020 Division of land—Five or more parcels.
16.12.030 Division of land—Four or less parcels.
16.12.040 Public notice requirements for lot line adjustments.
16.12.050 Appeals of lot line adjustments.
16.12.010 General.
For the purpose of this title, the specific requirements for tentative, final and parcel maps shall be governed by the provisions of this chapter. (Ord. 702 § 1 (part), 1991)
16.12.020 Division of land—Five or more parcels.
A. A tentative and final map shall be required for all divisions of land when determined by the department that such land is proposed to be divided into 5 or more parcels, 5 or more condominiums, a community apartment project containing 5 or more parcels, or for the conversion of a dwelling to a stock cooperative containing 5 or more dwelling units, except where:
1. The land before division contains less than 5 acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or
3. 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 governing body as to street alignments and widths; or
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than 1/4 of a 1/4 section.
B. A parcel map shall be required for those subdivisions described in the above, unless waived by the planning commission in accordance with the provisions of Section 16.24.080 of this title. (Ord. 702 § 1 (part), 1991)
16.12.030 Division of land—Four or less parcels.
A tentative and final parcel map shall be required for all divisions of land into 4 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 30 days’ notice in writing; or
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 department in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or
C. Lot line adjustments, provided:
1. No additional parcels or building sites are created,
2. The resulting parcels conform to Title 17 and Title 14 of this code,
3. The lot line adjustment is approved by the planning director in accordance with public notice provisions of Section 16.12.040. The planning director may impose conditions or exactions on approval of a lot line adjustment to conform to Title 17 and Title 14 of this code or to facilitate the relocation of existing utilities, infrastructure or easements. The lot line adjustment shall be effected in a deed or record of survey which shall be recorded at the applicant’s expense;
D. Parcel maps waived by the planning commission in accordance with the provisions of Section 16.24.080. (Ord. 821 § 1, 1995; Ord. 702 § 1 (part), 1991)
16.12.040 Public notice requirements for lot line adjustments.
At least 10 days prior to the date of proposed action by the planning director, the planning department shall prepare a public notice of the proposed action and distribute this notice to all property owners abutting the subject properties. Additional public notice may be given at the discretion of the planning director. The public notice shall state the date of the proposed action, and state that any comments on the proposed action must be submitted to the planning director prior to this date. (Ord. 821 § 2, 1995)
16.12.050 Appeals of lot line adjustments.
Appeals of the planning director’s action with respect to lot line adjustments shall be made to the planning commission within 10 days after the decision. The appellant shall file the appeal in writing with the planning director, and shall pay any applicable fee as established by the city council. The planning commission shall consider the appeal within 30 days after the date of filing of the appeal, unless the applicant consents to a continuance. The appeal shall be a public hearing after notice has been given according to Section 16.16.070. The planning commission may sustain, modify, reject or overrule any recommendations or rulings of the planning director and may make any findings which are consistent with the provisions of the Subdivision Map Act or this title. (Ord. 821 § 3, 1995)