No person shall create a minor subdivision, except in accordance with a parcel map approved pursuant to this title and the Subdivision Map Act and filed in the office of the county recorder, unless such requirement for a parcel map is otherwise waived pursuant to Section 16.16.130 of this chapter.
All parcel maps shall conform to the requirements of the Subdivision
Map Act and this title and also shall conform to the requirements
specified in the report of the planning director approving or conditionally
approving the tentative parcel map, unless an appeal is taken by the
subdivider to the planning commission or the city council, and the
planning commission or city council modifies, rejects or overrules
the recommendations of the planning director, in which event the map
also shall conform to the requirements of the planning director as
modified by the planning commission or city council and the requirements
imposed by such commission or council.
A.
Other
provisions of this title to the contrary notwithstanding, the requirement
that a parcel map be prepared, filed with the city engineer, and recorded,
may be waived for the following types of minor subdivisions, provided
a finding is made by the planning director, or, on appeal, by the
planning commission or the city council, 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 this title and the Subdivision
Map Act:
1.
A
minor subdivision only for the purpose of leasing the lot resulting
from such subdivision.
2.
A
minor subdivision wherein each resulting lot or parcel was previously
a legally created separate lot under separate ownership, but which
subsequently came into the same ownership as adjoining parcels, such
that the total quantity of real property under the same ownership
is shown on the latest equalized city assessment roll as a unit or
contiguous units.
B.
An applicant for a subdivision pursuant to subsection (A)(1) of this section shall file a tentative parcel map pursuant to this article together with a written request that the parcel map requirement be waived.
C.
An applicant for a subdivision pursuant to subsection (A)(2) of this section shall pay the fee prescribed by Chapter 16.08 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 planning director, to enable the planning director, or, on appeal, the planning commission or the city council, to make the finding required by subsection A of this section. The processing of any application pursuant to subsection (A)(2) of this section shall be subject to the same time requirements and appeal procedures as are provided in this chapter for tentative parcel maps.
Lots or portions of lots shown on a parcel map which are subject to inundation as determined by the city engineer shall be identified and so labeled. No lot may be created if any portion of the building envelope as defined in Section 16.16.291 would be subject to inundation.
All centerlines, right-of-way lines, proposed street widening lines or building lines which have been established pursuant to Article II of Chapter 15.08, or pursuant to Chapter 12.12, or pursuant to any provision of this title, shall be shown at the appropriate location on the parcel map and clearly labeled so as to identify its function.
In the event a private road easement for road purposes is required
within the boundaries of the land to be subdivided pursuant to this
title, such easement shall be delineated on the parcel map and the
easement, as delineated, shall be conveyed to subsequent purchasers
of the parcels created.
In addition to the certificates and other material required
by the Subdivision Map Act and this title, every parcel map shall
bear the following certificates:
A.
A certificate
by the city engineer that the map does not appear to be a map of a
major subdivision for which a final map is required pursuant to Section
66426 of the Subdivision Map Act.
B.
A certificate by the city engineer that the map conforms with all the provisions of this title and (1) in the case of a minor subdivision, such map conforms to the approved tentative parcel map; and (2) in the case of a parcel map for a major subdivision filed pursuant to Section 16.12.110 of this title, such map conforms to an approved tentative map.
The affidavits, certificates, acknowledgments and approvals
required or permitted by this chapter or the Subdivision Map Act to
appear upon maps may be legibly stamped or printed upon the map with
opaque ink in such a manner as will guarantee a permanent record in
black upon the tracing cloth or polyester base film. If ink is used
on polyester base film, the ink surface shall be coated with a suitable
substance to assure permanent legibility.
A certificate, signed and acknowledged by all parties having
any record title interest in the real property subdivided, consenting
to the preparation and recordation of the parcel map, shall be required
pursuant to Section 66465 of the Government Code.
The subdivider may elect to agree to construct or install improvements required by Section 16.16.340 which are to be located in public and private easements or rights-of-way. In the event the planning commission or the city council authorizes the subdivider to agree to construct or install improvements, the subdivider shall provide a good and sufficient improvement security as defined in Section 16.12.200 of this title, and shall prepare and deposit, with the city clerk, detailed plans and specifications of the improvements to be constructed, and such plans and specifications shall be made a part of any such agreement and of the improvement security. Such agreement and improvement security shall be in a form acceptable to the city attorney.
Other provisions of this title, to the contrary notwithstanding,
the following minor subdivisions shall not be subject to the public
improvement or dedication requirements of this chapter, except insofar
as is necessary to comply with the Subdivision Map Act, including
Sections 66426 and 66428 thereof.
In lieu of constructing or agreeing under Section 16.16.200 to construct the improvements required by Section 16.16.340 which are to be located in public easements or rights-of-way, the planning director, upon recommendation by the city engineer, may require that the subdivider execute a covenant not to oppose the formation of a road improvement district. The covenant executed under authority herein may be used to secure future improvements in easements, rights-of-way or irrevocable offers of dedication and may be used when streets serving adjacent properties and/or the area in general are below city standards to a degree that public action, such as assessment district proceedings, would be required in the future in order to improve such streets to city standards.
No parcel map shall be filed in the office of the county recorder
until the map has been approved by the city engineer.
