Chapter 16.80
MINOR LAND DIVISION*
Sections:
16.80.030 Map requirements and information.
16.80.040 Conditions for approval.
16.80.050 Approved access—Designated.
16.80.060 Approved access—Exception.
16.80.070 Planning department review.
16.80.080 Notice of public hearings.
16.80.090 Approval of minor land division.
* Prior ordinance history: Ordinances 138, 235, 308, 317 and 565.
16.80.010 Defined.
“Minor land division” means the dividing of any parcel or contiguous parcels of real property or portions thereof, improved or unimproved, for the purpose of sale, gift, lease or financing, whether immediate or future, into less than five parcels. The following shall not constitute a land division:
A. The financing or leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or mobile home park;
B. Agricultural, gas, oil or mineral leases;
C. The division of land dedicated for cemetery purposes under the California Health and Safety Code;
D. The division of land solely for the purpose of increasing the site of an adjacent building lot or site;
E. The division of land caused by the acquisition of a property interest by any political entity or governmental agency;
F. The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes or the conveyance of land by a public utility to a contiguous ownership;
G. Any division of land elsewhere defined in this title as a subdivision or resubdivision. (Ord. 602 (part), 1999).
16.80.020 Application—Fees.
Applications for a minor land division shall be made to the city planning commission upon forms provided by the city. The tentative map shall be considered complete for filing only when such map conforms to Section 16.80.030, when all accompanying data has been submitted and accepted by the planning department and all fees are paid. The fee for filing an application shall be in an amount prescribed by resolution of the city council. (Ord. 602 (part), 1999).
16.80.030 Map requirements and information.
Every application shall include a tentative map that shall meet the following requirements and include the following information:
A. The tentative minor land division map may be drawn to a scale of one hundred or two hundred feet to the inch. If parcels are two and one-half acres or more, a scale of two hundred feet to the inch shall be used;
B. The boundary lines and the approximate dimensions of the parcel of property proposed to be divided, including any contiguous property owned by the applicant;
C. The proposed lot lines and their approximate dimensions;
D. The proposed lots shall be numbered and shall show their approximate area in square feet;
E. The names, location and existing right-of-way width of all abutting streets;
F. The location and width of all proposed streets;
G. The widths, location and identity of all existing easements;
H. Location and size of all pipelines, existing or proposed wells, sewer lines and structures used in connection therewith;
I. Location and character of existing and proposed utilities;
J. North point and scale of drawing;
K. Name, address and telephone number of applicant and legal owner of record;
L. Date present owner purchased the property;
M. Legal description of the original parcel of property proposed to be divided;
N. It shall comply with all the provisions of Article 4, Chapter 2, Title 7 of the Government Code (Sections 66444, et seq.) of the state of California. (Ord. 602 (part), 1999).
16.80.040 Conditions for approval.
Any parcel created by a minor land division shall meet the following criteria:
A. The parcel shall comply with the requirements of the zoning classification for the zone in which the land is located unless a zoning variance is in effect.
B. The depth of the parcel shall not exceed four times its width, unless otherwise impractical because of the size, shape or topography.
C. The parcel shall abut upon a street right-of-way which shall be dedicated to public use and which collects directly, or by means of not less than a thirty-foot wide recorded public access easement to a public street. All such dedications shall be in accordance with the following:
1. If the parcel lies within the area of, or adjoins an adopted specific plan, the street dedication shall be in accordance with the specific plan.
2. If the parcel does not adjoin an adopted specific plan, but adjoins an existing general plan highway, the street dedication shall be in accordance with the general plan of highways.
3. If neither of the above conditions exist, the street dedications shall be in accordance with the requirements of the city engineer.
4. The dedication shall be approved by the city engineer.
D. If the dedicated streets in a minor land division are not to be initially accepted by the city, the recorded parcel map of a minor land division shall bear the words: “The dedicated public streets shown on this map are not City streets and are not subject to maintenance and improvement by the City of Patterson unless and until declared to be City streets by resolution of the City Council.” (Ord. 602 (part), 1999).
16.80.050 Approved access—Designated.
Approved access to a lot with a gross area of four acres or less created by a minor land division, except as otherwise provided in Section 16.80.060, shall be as follows:
A. Street Width.
1. A street right-of-way within the boundaries of a minor land division shall be not less than fifty feet in width.
2. Street rights-of-way on the boundary of a minor land division shall be at least thirty feet in width for a half street.
B. Street Location.
1. Street rights-of-way shall be located so as to provide for development of adjacent parcels whenever possible. Boundary streets shall be placed in a location which will permit the extending or widening of the street with existing or future streets on adjacent properties.
2. Street right-of-way shall have an alignment that is topographically feasible for the passage of vehicles.
3. When it is determined that a street right-of-way cannot feasibly be widened or connected to another street because of existing development or topographical reasons, a standard cul-de-sac right-of-way shall be provided. (Ord. 602 (part), 1999).
16.80.060 Approved access—Exception.
When, in the opinion of the planning commission, it is impractical or impossible for the property owner to dedicate street rights-of-way in accordance with the standards set out in Section 16.80.050, due to topography, the location of existing structures or the existing land ownership pattern, the standards set out in Section 16.80.050 may be modified, but in no event shall a full boundary street be less than forty feet. (Ord. 602 (part), 1999).
16.80.070 Planning department review.
Upon the filing of a completed application, the planning department shall forward copies of the tentative map to the affected public agencies which may return to the planning department their findings and recommendations. The planning director shall process the tentative land division map and shall make its written report thereon. (Ord. 602 (part), 1999).
16.80.080 Notice of public hearings.
A. Upon the receipt of the valid application and having received from the planning department its report and recommendations for the proposed tentative map, the secretary of the planning commission shall set the matter for a public hearing as specified in Section 66451.3 and 66451.4 of the Subdivision Map Act. At least ten calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.
B. Notice shall be published at least once in the newspaper of general circulation published and circulated in the city.
C. In addition to notice by publication the planning department may give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is subject of the proposed application and to the owner property as shown on the last equalized assessment roll. The list of owners shall be provided by the subdivider.
D. In addition, notice shall be given by first-class mail to any person who has filed a written request with the planning director. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.
E. Substantial compliance with the provisions of this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action pursuant to the procedures set forth in this chapter. (Ord. 602 (part), 1999).
16.80.090 Approval of minor land division.
A. Upon the filing of a complete application, the planning director shall process the tentative land division map and shall make its written report thereon, together with recommended conditions for approval, together with the conditions of approval for the minor land division, to the planning commission within fifty days after the application is filed.
B. If, in the judgment of the city engineer, any parcel created on the tentative map can be redivided in the future, the planning commission may require that a parcel map be filed with the county recorder as specified in Sections 66444 to 66451.7 of the Subdivision Map Act.
C. In approving, conditionally approving or disapproving the tentative map, the planning commission shall hold a public hearing and shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the general or specific plans adopted by the city.
D. The planning commission may modify or delete any of the conditions of approval recommended in the planning department’s report, except conditions required by city laws related to the public health and safety or to city standards. The planning commission may add additional requirements as a condition of approval.
E. The applicant shall comply with all of the conditions of the approval and file proof of compliance thereof with the planning commission six months after the mailing of the notice of conditions. An additional six months for filing proof of compliance may be granted by the city council; provided, that the conditions of approval are changed to require the applicant to comply with any amendments to the ordinance codified in this chapter, that may have been made after the original application was filed. Failure to file proof of compliance within this period will void the application.
F. Upon receipt of proof of compliance, the city engineer shall certify the map approved, file the minor land division plat and application, or a copy of the recorded parcel map, if required, in his office and mail a copy thereof to the applicant. (Ord. 602 (part), 1999).
16.80.100 Denial.
The tentative map may be denied by the planning commission on any grounds provided by city laws or the Subdivision Map Act. The planning commission shall deny the approval of the tentative map if the following findings can be made:
A. That the proposed map is not consistent with applicable general and specific plans;
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development;
D. That the site is not suitable for the proposed density of development;
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
F. That the design of the subdivision or the type of improvements are likely to cause serious public inconvenience or health problems; or
G. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large. (Ord. 602 (part), 1999).
16.80.110 Appeals.
Any person may, within fifteen days after the approval or denial of a minor land division adjustment by the planning commission, appeal such action in writing to the city council. The city council shall consider the appeal upon notice to the appellant, the applicant and any interested party requesting notice, within fifteen days or at its next succeeding regular meeting unless the appellant and applicant both consent to a continuance. At the city council meeting at which the appeal is to be considered, the city council shall hear the testimony of the appellant, the applicant and any interested party requesting to be heard. The city council may, by resolution, sustain, modify, reject or overrule any action of the planning commission with respect to the minor land division. The action of the city council with respect to the minor land division application shall be final. (Ord. 602 (part), 1999).