CHAPTER 1
SUBDIVISIONS
ARTICLE 18. MINOR SUBDIVISION PARCEL MAP REQUIRED
SECTION:
§8300: Minor Subdivision Defined
§8301: Procedure For Approval Of Minor Subdivisions
§8302: Application For Minor Subdivisions
§8303: Certification Of Map And Conveyance
§8304: Requirements For Minor Subdivisions
§8305: Requirements For Minor Subdivisions With Property Not Abutting A Dedicated City Street
§8306: Exemption From Requirement Of Filing Final Map
§8308: Determination By Commission
§8300 MINOR SUBDIVISION DEFINED
A "minor subdivision" is a subdivision as defined herein, in which the city engineer finds that all of the following conditions are present:
A. No street opening or improvement proceedings are required in the proposed subdivision.
B. Not more than four (4) lots are contained in the proposed subdivision.
C. The proposed subdivision is situated in a locality where conditions are well defined by existing development.
D. Property proposed to be subdivided shall abut a dedicated street. (Ord. 533, §10.1, adopted 1958; Ord. 1138, §3 (Exh. A), adopted 2012)
§8301 PROCEDURE FOR APPROVAL OF MINOR SUBDIVISIONS
Notwithstanding any other provisions of this chapter to the contrary, the procedure set forth in this article shall govern the processing of and requirements pertaining to minor subdivisions. (Ord. 533, §10.2, adopted 1958)
§8302 APPLICATION FOR MINOR SUBDIVISIONS
The subdivider of a minor subdivision shall file an application with the city engineer on a form prescribed by the city engineer. The application shall be accompanied by a fee established by resolution of the city council which will not be refundable, together with a parcel map prepared as set forth in section 66445 of the Government Code. (Ord. 533, §10.3, adopted 1958; Ord. 682, §19, adopted 1976)
§8303 CERTIFICATION OF MAP AND CONVEYANCE
If the city engineer determines that the proposed subdivision meets the requirements of this chapter, then he shall certify to this fact on the map and any conveyance to be drawn by the owners of the land being subdivided. (Ord. 533, §10.4, adopted 1958)
§8304 REQUIREMENTS FOR MINOR SUBDIVISIONS
The following requirements may be imposed as a condition of approval of minor subdivisions:
A. Dedication of utility easements and street rights of way. This may be done either on the map or by separate document.
B. Proof that there are adequate utilities for the proposed use of land, such as an adequate water supply and adequate sanitary sewer facilities. (Ord. 533, §10.51, adopted 1958; Ord. 682, §20, adopted 1976)
§8305 REQUIREMENTS FOR MINOR SUBDIVISIONS WITH PROPERTY NOT ABUTTING A DEDICATED CITY STREET
When a minor subdivision does not satisfy the requirement in subsection 8300B4 of this article, because one or more lots proposed to be subdivided do not abut a dedicated street, the subdivision may still be approvable as a minor subdivision, if the lots created by the subdivision satisfy the following requirements:
A. Such lots shall have a minimum net area of five thousand (5,000) square feet in each building site, excluding any portion of such site with a substandard lot width that is extended to a dedicated street for purposes of access or other purposes ("flag lot") or is burdened by an easement to another parcel for access or other purposes.
B. Easements in a form satisfactory to the city engineer shall benefit each lot in the proposed subdivision that requires private access to a dedicated street, the purposes of which shall include public utilities, drainage facilities, and the development of an access roadway between the dedicated street and the lots requiring access thereto ("the access easement"). The minimum width of the access easement shall be twenty feet (20’).
C. The owner of the property proposed to be subdivided ("the property owner") shall at his/her own expense, install within the access easement all utilities, drainage facilities, and access roadways required to serve the properties created by the subdivision.
D. Facilities for the drainage of surface water shall be provided for the lots created by the subdivision. All such facilities shall be designed and constructed in accordance with city design standards or other design methods approved by the city engineer.
E. Within and throughout the length of the access easement, the property owner shall construct an access roadway in accordance with the following requirements:
1. a. A major access roadway shall be constructed to provide ingress and egress between the dedicated street and two (2) or more lots with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum paved surface width of twenty feet (20’).
b. A minor access roadway shall be constructed to provide ingress and egress between the dedicated street and a single lot with less public street frontage than required in the subdivision ordinance. This roadway shall have a minimum paved surface width of twelve feet (12’) and may be used for joint access to the property created by the subdivision and an abutting lot with existing public street frontage if the city engineer determines that the minor access roadway will provide reasonable and safe access for both lots.
2. The surface for any access roadways between the dedicated street and lots created by the subdivision shall consist of a minimum of two inches (2") of asphaltic concrete over a minimum of six inches (6") of class II aggregate base material or other all weather surfacing materials which the city engineer determines will provide equivalent standards of accessibility and durability.
3. The area used for any access roadway between the dedicated street and lots created by the subdivision shall not be considered as part of any building site or be used as any required yard area for the purpose of determining the net area for any of the lots.
4. A building setback with a minimum width of five feet (5’) shall be maintained from the edge of pavement for any access roadway.
5. The property owner shall execute an agreement holding the city harmless from any and all claims, demands, liabilities, and damages arising from the use of said access easement by himself or any other parties.
6. The property owner shall execute agreements and other documents as are determined by the city to be necessary to impose an obligation on the owner of each lot benefited by the access easement to maintain facilities constructed within the easement in a condition satisfactory to the city engineer at the cost of lot owners based on the square footage of each lot divided by the total square footage of all the lots served by the access easement and said facilities. The documents also shall give the city authority to perform any maintenance work on the private roadway and such drainage structures located therein, if the owners of said lots, or their successors or assigns, fail to maintain the private roadway or drainage structures to the reasonable satisfaction of the city engineer, the costs thereof to constitute liens on said lots.
F. A scale map shall be submitted with any application for a building permit and shall set forth the following:
1. The location and area of the access easements.
2. The location of the access roadway within the access easement, stating the grade of the access roadway to be installed, the location of any utilities and drainage facilities, and any other information the city engineer deems pertinent to the proposed development of properties created by the subdivision.
G. The city council, upon the recommendation of the planning commission, may approve exceptions to the required width of easements, as specified above, if the development of a narrower easement is consistent with the findings for exceptions as set forth in section 8320 of this chapter. (Ord. 533, §10.52, adopted 1958; Ord. 561, §2, adopted 1964; Ord. 1081, §2, adopted 2006)
§8306 EXEMPTION FROM REQUIREMENT OF FILING FINAL MAP
Minor subdivisions as defined herein are exempt from the provisions of this chapter requiring the preparation and filing of a final map. (Ord. 533, §10.6, adopted 1958)
§8307 APPEAL TO COMMISSION
In the event that the subdivider is dissatisfied with any determination of the city engineer, or his designee, either as to the determination as to whether a proposed subdivision is qualified as a minor one, or as to any requirements or conditions which he seeks to impose, then the subdivider may appeal to the planning commission by filing a statement in writing with the city engineer, stating his reasons for appeal. (Ord. 533, §10.7, adopted 1958)
§8308 DETERMINATION BY COMMISSION
The commission shall affirm, reverse or modify any determination of the city engineer or his designee with respect to the proposed minor subdivision within thirty (30) days. (Ord. 533, §10.8, adopted 1958)