Chapter 16.24
MINOR SUBDIVISIONS – PROCEDURE
Sections:
16.24.020 Tentative parcel map required.
16.24.040 Information to be filed with tentative parcel map.
16.24.060 Preliminary title report.
16.24.070 Replacement tentative parcel map.
16.24.080 Revised tentative parcel map.
16.24.090 City engineer – Duties.
16.24.110 Notice of hearing – Proof of notice.
16.24.120 Proof of notice – Minor subdivisions.
16.24.130 Consideration of tentative parcel map – Notice of decision.
16.24.140 Disapproval of tentative parcel map.
16.24.150 Waiver of parcel map.
16.24.160 Expiration of tentative parcel map.
16.24.170 Time to file parcel map.
16.24.180 Extension of tentative parcel map.
16.24.190 Vesting tentative parcel map.
16.24.010 Minor subdivision.
No person shall create a minor subdivision except by the filing of a parcel map approved pursuant to this title and the Subdivision Map Act, unless the requirement for a parcel map is waived pursuant to SBMC 16.24.150. The provisions of this chapter shall not apply to:
A. The conveyance, transfer, creation or establishment of an easement for sewer, water or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurtenances;
B. The leasing of a dwelling on a lot which, together with all contiguous land owned by the same person or persons, has an area of less than 12,000 square feet;
C. The conveyance or transfer of land or any interest thereon by or to the United States, state, county, city, school district, special district or public utility. (Ord. 101 Exh. A, 1989)
16.24.020 Tentative parcel map required.
Any person proposing to create a minor subdivision pursuant to this title shall file with the city engineer a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto, a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the city council. When an adjustment plat is authorized, it shall be processed according to Chapter 16.36 SBMC. (Ord. 101 Exh. A, 1989)
16.24.030 Application.
A. A subdivider applying for a minor subdivision plat shall file an application with the city engineer, together with copies of a tentative parcel map.
B. The city engineer shall not accept an application or map for processing unless the engineer finds that:
1. The environmental review provisions of this code have been met;
2. The parcel map or adjustment plat is consistent with the zoning provisions of this code and that all approvals and permits required by the city zoning provisions for the project have been given or issued.
C. Notwithstanding the provisions of subsection B of this section, a tentative parcel map may be processed concurrently with documents, permits or approvals required by the environmental review and zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map or adjustment plat provided by this title or the Subdivision Map Act. Pursuant to the environmental review provisions of this code, a project may be processed according to this chapter but still not be deemed received until the environmental documents are completed. (Ord. 101 Exh. A, 1989)
16.24.040 Information to be filed with tentative parcel map.
Such information as may be prescribed by the rules and regulations approved by the city council pursuant to SBMC 16.04.060 and such additional information as the city engineer may find necessary with respect to any particular case to implement the provisions of this title shall accompany the tentative parcel map or adjustment plat at the time of submission. (Ord. 101 Exh. A, 1989)
16.24.050 Grading plan.
There shall be filed with each tentative parcel map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on the tentative map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the tentative parcel map. (Ord. 101 Exh. A, 1989)
16.24.060 Preliminary title report.
There shall be filed with each tentative parcel map, a current preliminary title report of the property being subdivided or altered. (Ord. 101 Exh. A, 1989)
16.24.070 Replacement tentative parcel map.
A replacement tentative parcel map shall be submitted when the city engineer finds that the number or nature of the changes necessary for approval by the city council are such that they cannot be shown clearly or simply on the original tentative parcel map. (Ord. 101 Exh A, 1989)
16.24.080 Revised tentative parcel map.
Where a subdivider desires to revise an approved tentative parcel map, he may file with the city engineer, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in SBMC 16.08.060. (Ord. 101 Exh. A, 1989)
16.24.090 City engineer – Duties.
The city engineer is authorized and directed to carry out the following duties, concerning applications for tentative parcel maps or adjustment plats:
A. Obtain the recommendations of other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the city engineer in order to carry out the provisions of this title;
B. Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided;
C. Refer the application or tentative parcel map to the planning director for a report concerning consistency with the zoning provisions of this code;
D. Report and summarize all recommendations and the results of all investigations to the city council for its decision. (Ord. 101 Exh. A, 1989)
16.24.110 Notice of hearing – Proof of notice.
Notice of the hearing regarding a tentative parcel map shall be given in a manner provided in SBMC 16.12.095. (Ord. 101 Exh. A, 1989)
16.24.120 Proof of notice – Minor subdivisions.
Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof sufficient to allow the city engineer to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury. (Ord. 101 Exh. A, 1989)
16.24.130 Consideration of tentative parcel map – Notice of decision.
Within 50 calendar days after a tentative parcel map is filed with it, the city council shall approve, conditionally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city. If the tentative parcel map is disapproved, the reasons therefor shall be stated in the notice of disapproval. (Ord. 101 Exh. A, 1989)
16.24.140 Disapproval of tentative parcel map.
The city council shall not approve a tentative parcel map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of a parcel map which was approved or recorded less than two years prior to the filing for approval of the subject tentative parcel map where the total number of lots created by all maps exceeds four.
B. The land proposed for division is a lot or parcel created illegally, unless the lot or parcel has been approved by the city engineer or, on appeal, by the city council and a certificate of compliance relative thereto has been filed with the county recorder.
C. The subdivision proposes creation of five or more lots.
D. The city engineer finds that the tentative parcel map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
E. The land proposed for division is a lot or parcel that was part of an approved tentative parcel map wherein the parcel map requirement was waived pursuant to provisions of this division and a certificate of compliance has been filed with the county recorder pursuant to this title.
F. The city engineer makes any of the following findings:
1. The proposed map is not consistent with applicable general and specific plans and applicable provisions of SBMC Title 17;
2. The design or improvement of the proposed subdivision is not consistent with applicable provisions of SBMC Title 17;
3. The site is not physically suitable for the type of development;
4. The site is not physically suitable for the proposed density of development;
5. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; unless an environmental impact report was prepared in respect to the project and a finding was made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
6. The design of the subdivision or the type of improvements is likely to cause serious public health problems;
7. The design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city engineer may approve a map if he finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public;
8. In the case of the conversion of residential real property to a common interest development project, that any of the notices to tenants required by law have not been or will not be given as required by the Subdivision Map Act.
Any decision to disapprove a tentative parcel map shall be accompanied by a finding identifying the requirements imposed by the Subdivision Map Act and this title or the conditions of approval which have not been met or performed;
9. Subject to the exceptions contained in Section 66474.4 of the Government Code, that the property is subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agriculture use shall be made according to the provisions of Section 66474.4 of the Government Code. (Ord. 101 Exh. A, 1989)
16.24.150 Waiver of parcel map.
A. Notwithstanding other provisions of this title, the requirement that a parcel map be prepared, filed with the city engineer and recorded may be waived; provided a finding is made by the city engineer that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the public facilities element of the general plan and the provisions of Chapter 16.44 SBMC which would otherwise apply to the proposed subdivision. The provisions of this section shall not be construed to authorize the waiver of the tentative parcel map.
B. An applicant for a minor subdivision, pursuant to this section, shall pay the fee prescribed by SBMC 16.08.060 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the city engineer to enable the city council to make the findings required by this section. The following types of subdivisions are deemed to comply with the findings required by this section for waiver of the parcel map unless the city council finds, based on substantial evidence that public policy necessitates a parcel map, such map shall not be required for the following:
1. Short-term leases, terminable by either party on 30 days’ notice, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code;
2. Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way.
C. The following minor subdivisions are deemed to comply with the findings required by this section for waiver of the parcel map unless dedication improvements are required by the city council, or unless there is evidence to the contrary:
1. A minor subdivision wherein each resulting lot or parcel contains a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger;
2. A minor subdivision only for the purpose of leasing the lots resulting from such subdivision;
3. A major subdivision as specified in SBMC 16.20.050.
D. The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this title for tentative parcel maps. In any case, where waiver of the parcel map is granted by the city engineer, or on appeal by the city council, the city engineer shall cause to be filed for record with the county recorder, a certificate of compliance pursuant to Chapter 16.48 SBMC. (Ord. 101 Exh. A, 1989)
16.24.160 Expiration of tentative parcel map.
A. The approval or conditional approval of a tentative parcel map shall expire 24 months from the date the map was approved or conditionally approved unless it is extended in accord with SBMC 16.24.180.
B. The period of time specified in this section shall not include any period of time during which a water or sewer moratorium, imposed after approval of the tentative parcel map is in existence; provided, however, that the length of such moratorium does not exceed five years.
C. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. This section applies to all tentative parcel maps approved or conditionally approved after January 1, 1983; tentative parcel maps approved prior to that date shall expire one year from the date of approval or conditional approval unless extended pursuant to SBMC 16.24.180. (Ord. 101 Exh. A, 1989)
16.24.170 Time to file parcel map.
A. Within 24 months after the approval or conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may file with the city engineer a parcel map in substantial conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this title.
B. The period of time specified in subsection A of this section shall not include any period of time during which a development moratorium imposed after approval of the tentative parcel map is in existence; provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
C. The period of time specified in subsection A of this section, including any extension thereof, granted pursuant to SBMC 16.24.180 shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the city engineer pursuant to this subsection. An application for a stay must be filed by the subdivider in writing with the city council within 10 days of service of the initial petition or complaint in the lawsuit upon the city. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. The city council shall approve or conditionally approve the stay for up to five years or deny the requested stay.
D. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no parcel map for all or any portion of the real property included in the tentative parcel map shall be filed without first processing a new tentative map or tentative parcel map. Once a timely and complete filing of a parcel map has been made pursuant to this code, subsequent actions of the city including, but not limited to, processing, approving and recording may occur after the expiration of the tentative parcel map. (Ord. 101 Exh. A, 1989)
16.24.180 Extension of tentative parcel map.
A. The subdivider may request an extension of the tentative parcel map approval or conditional approval by written application to the city engineer. Such application shall be filed at least five days and not more than 90 days before the approval or conditional approval is due to expire.
B. At any time within 90 days of the expiration of the map, the city council may approve, conditionally approve or deny the requested extension. An extension shall not exceed one year from the original expiration date. Only one such extension may be granted. In granting an extension, the city council may impose new conditions and may revise existing conditions. (Ord. 101 Exh. A, 1989)
16.24.190 Vesting tentative parcel map.
A vesting tentative parcel map may be filed and processed in the same manner and subject to the same requirements as a tentative parcel map except as provided in Chapter 16.17 SBMC. (Ord. 101 Exh. A, 1989)