Chapter 16.09
PARCEL SPLITS
Sections:
16.09.020 Tentative parcel map.
16.09.030 Improvements and dedication.
16.09.060 Building permit prohibition.
16.09.070 Dedication of land for recreational facilities.
16.09.080 Failure to file parcel map.
16.09.010 Permission.
It is unlawful for any person to consolidate, to divide, and/or rearrange one or more existing lots, or parcels, into not more than four parcels except as set forth in this chapter, or as otherwise provided by Section 66426 and other applicable provisions of the Subdivision Map Act. (Ord. 346, 1975).
16.09.020 Tentative parcel map.
An acceptable tentative parcel map, showing the proposed land division, shall be prepared by a registered civil engineer or licensed land surveyor, and filed with the city engineer. The map shall be of a size and form and shall contain necessary information as prescribed by the city engineer. A preliminary title report for the property being split shall be submitted at the time of filing. (Ord. 346, 1975).
16.09.030 Improvements and dedication.
A. Except as hereinafter provided, the owner or subdivider shall offer for dedication additional streets, alleys, and public ways and easements as are required for conformance with the city’s circulation element and the existing or projected local street system.
B. As a condition precedent to the approval of a parcel map, the owner or subdivider shall agree to construct improvements in or along the parcel frontage upon all existing or proposed public streets and ways as reasonably required for subdivisions. A final parcel map may not be approved by the city engineer until the required improvements have been satisfactorily constructed or until an adequate security, as approved by the city attorney and in an amount determined by the city engineer for the estimated cost of the work, has been posted with the city.
C. Extraordinary conditions may make construction of certain improvements impracticable. In extreme circumstances, the city may grant conditional exception to be made only upon written statement of the owner, citing the extraordinary or extreme circumstances and shall be granted only by the city council, subject to such conditions as they may impose. (Ord. 346, 1975).
16.09.040 Processing by city.
The city engineer shall refer the map to the planning commission and city council for processing in the manner prescribed for subdivisions. (Ord. 346, 1975).
16.09.050 Final parcel map.
A. Upon completion of requirements for the tentative parcel map and improvements, the owner or subdivider may proceed with the processing of a final parcel map of the land division. The map shall be of a size and form prescribed by the city engineer, shall comply with the provisions of Section 11575-80 of the Subdivision Map Act, shall be based upon a field survey showing monuments found and set, and shall include such other data as may be required by the city.
B. Upon approval of the final parcel map by the city engineer, the map shall be filed with the county recorder in the manner prescribed in the Map Act. He shall pay the recording fee and return an acceptable reproducible, duplicate copy of the recorded map on linen tracing cloth or polyester base film, one cloth-back print and seven blue line prints to the city engineer for filing. (Ord. 346, 1975).
16.09.060 Building permit prohibition.
The building department shall not issue permits for the erection of any structures upon lots or parcels not complying with this code. (Ord. 346, 1975).
16.09.070 Dedication of land for recreational facilities.
The owner or subdivider shall comply with this code for each new parcel created in excess of the number of original parcels. (Ord. 346, 1975).
16.09.080 Failure to file parcel map.
Failure to file a parcel map with the county recorder within 90 days from the approval or conditional approval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing of a new map. (Ord. 346, 1975).
16.09.090 Waiver.
A. Notwithstanding the foregoing provisions of this chapter, the planning commission of the city may approve the waiver of the requirement of tentative maps as set forth in HMC 16.09.020; final maps as set forth in HMC 16.09.050; and parcel maps as defined and set forth in California Government Code Section 66426, only upon the finding that the proposed division of land complies with such requirements as may be established by the Subdivision Map Act and these ordinances enacted pursuant thereto 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 Act or this division enacted pursuant thereto.
B. In all cases in which a waiver under this section is requested or allowed, the subdivider shall submit:
1. A tentative map showing the design and improvement of the subdivision and existing conditions in and around it. Such map need not be based on a detailed final survey of the property. The legal description shall be prepared by a registered civil engineer, licensed land surveyor, or title insurance company;
2. A fully completed environmental review form and preliminary title report. If the subdivider is someone other than the legal owner, a written, notarized authorization by the owner for the application to subdivide shall accompany the certificate.
C. In all cases under this section, conditions may be placed on the subdivision by the planning commission, which are otherwise appropriate under the Act or local ordinance.
D. Fees. The city clerk shall collect from the applicant, in addition to all documents set forth in this section, a fee as established by resolution by the city council for processing such tentative map and certificate of compliance. (Ord. 382, 1983).