Highland City Zoning Code
CHAPTER 16
68 LAND DIVISIONS
§ 16.68.010 Authority.
A.
This chapter is adopted pursuant to the provisions of the Subdivision Map Act.
B.
All land divisions in the city of Highland as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this chapter.
C.
The city engineer and the community development director (as a committee) shall formulate such rules, procedures, and interpretations as may be necessary or convenient to administer this division. The city engineer and community development director (as a committee) are hereby authorized to incorporate further amendments into the subdivision manual provided such amendments are consistent with this division, that all such amendments are made in writing and maintained in an indexed file by topic and date; and further provided, that the Subdivision Map Act does not require that such amendments be adopted by ordinance or resolution of the city council. Copies of the current subdivision manual shall be on file in the office of the city clerk and be made available to the public at a cost sufficient to pay for printing.
(Ord. 171 § 17.1, 1994)
§ 16.68.020 Standards of land division.
A.
Private Streets. Private streets shall not be offered for dedication to public use. All private streets shall meet the width requirements and shall be constructed in accordance with the requirements approved by the city engineer.
When a special design for a cul-de-sac, length of a street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this chapter or in the city improvement standards, the design shall be submitted to the city engineer for approval.
Improvement plans, agreements and bonds shall be required for private streets in accordance with the applicable provisions of this chapter.
B.
Street Grade. Street grades for local streets may exceed 12 percent only when engineering design shows that the grade proposed is safe and that the lesser grade would deny access to land appropriate for use subject to the approval of the fire department.
Street grades of less than one-half percent may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum gradelines as a means of generating embankment materials for on-site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.
C.
Street Alignment. All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the city engineer.
Centerline offsets of less than 200 feet shall not be permitted, except that in special design cases offsets of less than five feet may be used when approved by the city engineer.
1.
Curb Returns.
a.
A minimum curb return radius of 25 feet shall be provided at the intersecting streets designated as collector or local streets.
b.
A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a minor arterial street or greater.
c.
In hillside areas, the curb return radius may be modified if required because of the topography.
Corner cutbacks shall be established as provided in city standards.
D.
Alleys. Improved alleys not less than 20 feet in width may be approved at the rear of all lots intended for industrial, commercial, and multiple-family uses.
Alley intersections shall have minimum corner cutbacks of 25 feet.
Dead-end alleys shall provide an adequate turnaround for emergency vehicles as required by the municipal code.
E.
Lots. Lot size shall be not less than the minimum required by the zoning classification applicable to the subject property, and shall be consistent with the Highland general plan.
When lots are crossed by public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.
Side lot lines shall be at right angles to the street center line, except where terrain or other restrictions make such design impractical.
The minimum lot frontage on a knuckle or cul-de-sac street shall be 35 feet measured along the property line unless otherwise specified in the development standards of the zoning classification.
Lot frontage along curvilinear streets may be measured at the building setback line in accordance with development standards of the zoning classifications.
Cul-de-sac streets shall be extended to the far side, side property line of all adjacent lots unless otherwise approved by the approving authority.
F.
Exclusions.
1.
Any contiguous property that is owned by the land divider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division.
2.
Any contiguous property that is owned by the land divider, but not included within the boundaries of the land division, shall be of such size and shape as to conform to the provisions of this code, the Highland general plan, or any applicable specific plan; otherwise it shall be included within the boundaries of the land division.
G.
Required Access.
1.
No final map or parcel map shall be recorded unless adequate access is provided from each parcel of the land division to a road maintained for public use by: a city, county, county service area, community service district, state or federal government agency.
2.
Public access from a road maintained by a property owner's association may be considered as access if the planning commission determines that:
a.
The association has the unqualified right and legal responsibility to maintain the road pursuant to recorded conditions, covenants and restrictions;
b.
Such requirement cannot be amended or terminated without the consent of the city of Highland; and
c.
No other feasible means of guaranteeing maintenance of the road for public use is available.
3.
The requirement for public access may be waived by the planning commission under the following circumstance:
a.
If a parcel map creates four or fewer parcels and public access over intervening lands cannot be offered for dedication, an appurtenant private easement for ingress, egress, roadway, and public utility purposes may be approved; provided, that all of the following are found to be true:
i.
The land to be divided is not zoned for commercial, industrial or multiple-residential use;
ii.
No parcel under one acre in size is created unless only two additional parcels are being created;
iii.
If no improvements are required, the private easement is no less than 20 feet in width, is duly recorded, and is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required; and
iv.
The access easement owned by the land divider is not an exclusive easement or specifically written to prohibit further division of the land.
b.
If the subdivision map has been previously recorded which permitted private streets without offering the streets for dedication, a private road easement may be approved provided said easement grants the new lots unrestricted access rights to the existing private streets.
4.
Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter section.
(Ord. 171 § 17.2, 1994; Ord. 270 § 12, 2001)
§ 16.68.030 Tentative maps – General.
A.
Tract and Parcel Map Numbers.
1.
Prior to the filing of a tentative map for a land division, a tract or parcel map number shall be obtained from the San Bernardino county recorder or other issuing authority subject to the requirements in force.
2.
When the tentative map is a parcel map division, this shall be indicated upon the face of the map.
3.
The city engineer shall maintain a permanent record of all tract and parcel map numbers within the city limits.
4.
When applying for a tract or parcel map number, the land divider shall certify that either the developer is the record owner of the property, or that the developer is the authorized legal agent for the recorded owner, or the land divider shall submit other such proof of ownership or consent of the owner as may be required by the city engineer.
5.
When a tract or parcel map number has been assigned by the county for a particular parcel or contiguous parcels of land, the land divider shall place the tract or parcel map number upon each tentative map of the land division. Neither the tract or parcel map number, nor the parcel(s) of land for which the number was issued shall thereafter be changed or altered in any manner upon the tentative map unless and until a new number reflecting the new parcel(s) has been assigned by the county.
B.
Preliminary Corner Stakes. At the request of city staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and owner description.
C.
Application. Prior to filing a tentative map, the land divider shall obtain and complete an application for land division, which form shall be furnished by the community development director.
1.
The application shall be for the purpose of:
a.
Providing and clarifying the information required to be shown on, or to accompany, the tentative map;
b.
Determining whether the land division conforms to all the requirements of this chapter and city ordinances; and
c.
Expediting the processing of the tentative map.
D.
Division of Land. No person shall make any land division, as herein defined, of real property located in the city of Highland, except in accordance with the provisions of the Subdivision Map Act, Land Surveyors Act, and this title.
When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map grading plans and the improvement plans for each such work have been approved by the appropriate approving authority.
(Ord. 171 § 17.3, 1994)
§ 16.68.040 Tentative maps – Required information.
A.
The following information shall be shown on or shall accompany tentative tract and tentative parcel map applications together with any supplementary information that the community development director and/or city engineer may deem necessary and reasonable:
1.
Tentative and/or map number, title of map, assessor's parcel number and legal description of property, not including project name;
2.
Name, address and telephone number of owner and land divider, and name, address and telephone number of person preparing map;
3.
Information on additional property owned by applicant which is adjacent or contiguous to the land to be subdivided;
4.
Approximate total acreage of property and lot size, net and gross for each lot, overall dimensions, north arrow, scale and date;
5.
Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;
6.
Names, location, right-of-way, widths, and improvements of adjacent streets, alleys, railroads, transmission lines, pipelines, sewers and existing structures, both above and below ground;
7.
Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;
8.
Streets, alleys and right-of-way providing legal access to the property;
9.
If private streets are proposed, they shall be so noted on the tentative map;
10.
Names of utility purveyors, locations and widths of existing and proposed public utility easements:
a.
When specific areas for subsurface disposal are required, those areas shall be delineated; and
b.
Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map.
11.
Water courses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of stormwaters;
12.
Land areas subject to overflow, inundation or flood hazard;
13.
Any land or right-of-way to be dedicated for public use; and right-of-way for railroads and other uses;
14.
Identify common areas and open spaces;
15.
Proposed lot lines and approximate dimensions;
16.
Adjoining property and lot lines;
17.
Site Grading.
a.
Whenever any area of the proposed subdivision has a natural gradient of five percent or more, as measured between natural contours, the following information shall be shown on, or accompany, the tentative map:
i.
The proposed cuts and fills in the subdivision.
b.
All cut and fill slopes or combination thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than 10 feet. Exceptions to these standards may be permitted as follows:
i.
Cut slopes with ratios steeper than 2:1 and slope heights in excess of 10 feet vertically shall be considered if they are recommended to be safe in a slope feasibility report written by either a registered geotechnical engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.
ii.
Fill slopes with heights in excess of 10 feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered geotechnical engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.
iii.
Based on the slope stability report, fill slopes greater than 10 feet may need to be constructed at a more gentle slope ratio (e.g., 3:1 or 4:1), in order to achieve stability.
iv.
Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposal feasibility report recommendations;
c.
The elevations of all individual building pads in the subdivision;
d.
The elevations at the perimeter of the subdivision;
e.
The relationship to adjoining land and development;
f.
Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain;
18.
Existing use and zoning of property immediately surrounding tract;
19.
Existing zoning, and proposed land use of property within the proposed tract (single-family, multiple-family, commercial, industrial); and
20.
A list of the names and addresses of the owners of real property located within 300 feet of the exterior boundaries of the property to be considered, as shown on the latest equalized assessment roll, and any update issued by the county assessor.
B.
Reports and written statements on the following matters shall accompany a tentative tract map application:
1.
Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;
2.
A written statement indicating that:
a.
A water purveyor under permit has agreed, in writing, to serve all lots in the land division; and
b.
The type of sewage disposal that will be permitted.
C.
The following reports and written statements on the following matters shall be placed on or shall accompany a parcel map application:
1.
Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;
2.
A written statement indicating that:
a.
A water purveyor under permit has agreed, in writing, to serve all lots in the land division; and
b.
The type of sewage disposal that will be permitted.
3.
Request to waive the final map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.
4.
If a field survey was performed, the parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the position indicated, or they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.
(Ord. 171 § 17.4, 1994)
§ 16.68.050 Processing of tentative maps.
A.
Filing of Tentative Map.
1.
Action Following Filing. For purposes of this section, the 50-day limitation for action after filing of the tentative map shall commence after certification of the environmental impact report, adoption of a negative declaration or a determination that the project is exempt from CEQA.
2.
Submittal Requirements. All tentative map filing packages shall be submitted to the community development director and shall be accompanied by the appropriate fees as set by the city council and shall comply with this chapter.
B.
Fee for Flood Protection Study.
1.
If required by the city engineer, a flood protection study shall be submitted. A flood protection study fee (as set forth by city council) shall be paid upon the submittal of the tentative map if required by the city engineer.
2.
No fee shall be imposed for a flood protection study on a revised tentative map filed within two years of the original filing.
3.
There shall be no flood protection study or fee associated with the reversion of subdivided lands to acreage.
C.
Map Distribution. Upon the submittal of the tentative map filing package to the community development director, one copy thereof shall be forwarded to the planning commission and to each of the following, as necessary:
1.
City engineer/public works department.
2.
Fire department.
3.
Building and safety department.
4.
School district.
5.
California Department of Transportation.
6.
County department of transportation and flood control.
7.
East Valley Water District.
8.
San Bernardino county health department.
9.
Police department.
10.
Any other public agencies, as appropriate.
D.
Review by Project Review Committee.
1.
Pursuant to HMC § 16.04.120, all tentative maps shall be reviewed by the project review committee (PRC). The land divider and his representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.
2.
Following its review of the tentative map, the project review committee shall prepare a report and recommendation and shall transmit a copy thereof to the community development director. The report shall be in writing, and a copy thereof served on the land divider and his representative at least three days prior to any hearing or action on the map by the planning commission.
E.
Consideration by the Planning Commission.
1.
Tract Maps and Parcel Maps. Within 50 days after the filing of a tentative map, the application shall be considered by the planning commission and its report thereon shall be made. Notice of the hearing shall be given as provided in HMC § 16.08.160.
2.
After closing the hearing, the planning commission shall approve, conditionally approve or disapprove the proposed tentative map.
F.
Consideration of Tentative Maps by the City Council. The decision of the planning commission shall be considered final unless placed before the city council pursuant to an appeal under HMC § 16.08.200.
G.
Extension of Time for Processing. All time limits specified in this chapter for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the planning commission or city council, but in no event may the extensions exceed the maximum applicable period permitted by state law.
H.
Failure to Receive Notice. Failure to receive notice of a hearing shall not invalidate the action taken by the planning commission or the city council.
I.
Waiver of Final Parcel Map. Upon request of the land divider, the planning commission may waive the requirement that a final parcel map be prepared; provided, that the planning commission finds that the proposed land division complies with the following requirements contained in this title; and provided, that a tentative parcel map has been prepared:
1.
Required area;
2.
Required improvements;
3.
Flood water drainage control;
4.
Appropriate improved public roads;
5.
Sanitary disposal facilities;
6.
Water supply availability;
7.
Environmental protection;
8.
Adequate existing survey control; and
9.
Any other provisions of this and other applicable ordinances of the city of Highland and the Subdivision Map Act.
(Ord. 171 § 17.5, 1994; Ord. 341 §§ 36, 37, 2009)
§ 16.68.060 Vesting tentative maps.
A.
Introduction. It is the purpose of this section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter (Land Divisions). Except as may otherwise be set forth in the provisions of this section, the provisions of this chapter shall apply to the processing of vesting tentative maps.
This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.
B.
General Provisions.
1.
Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose or in any manner which is inconsistent with the general plan and any applicable specific plan or which is not permitted by this title or other applicable ordinances.
2.
Application. This section shall apply to both the residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions herein.
If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
3.
Filing and Processing. A vesting tentative map shall be filed in the same form and shall have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:
a.
At the time the vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
b.
At the time the vesting tentative map is filed, the subdivider shall also supply the following information unless waived by the community development director, city engineer, or building official, as appropriate:
i.
Height, size, location and uses of all existing and proposed buildings;
ii.
Existing and proposed sewer, water, storm drain and road details;
iii.
Detailed grading plans, including soils information;
iv.
Flood control information, or engineer's drainage study, as required and approved by the city's engineer;
v.
Plans to include roofs, materials, fences and walls, elevations, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;
vi.
A traffic study approved by the city engineer, unless waived by the city engineer;
vii.
Archeological, geological, seismic and soils studies as found to be necessary by the community development director;
viii.
An acoustical study approved by the building official for properties requiring such study by city ordinance, regulations or policies;
ix.
An application for rezoning the property if the proposed use or density is not permitted in the current zone; and
x.
Such other information as may be requested by the community development director or city engineer or other city department to permit a complete analysis and appraisal of the project.
c.
The provisions of subsection (B)(2) of this section shall be applied in a manner consistent with the provisions of Section 66498.8(d) of the Vesting Tentative Map Statute.
4.
Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees as set forth by the city council for the filing and processing of a vesting tentative map.
5.
Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this chapter for the expiration of the approval or conditional approval of a tentative map.
6.
Approval of Vesting Tentative Map.
a.
Subject to the provisions of the Vesting Tentative Map Statute, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the city ordinances, policies and standards as described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances and policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
b.
Notwithstanding subsection (B)(6)(a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
i.
A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
ii.
The condition or denial is required, in order to comply with state or federal law.
c.
The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this title. If the final map is approved, these rights shall last for the following periods of time:
i.
An initial time period of 36 months beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase where the final map for that phase is recorded.
ii.
The initial time period set forth by subsection (B)(6)(c)(i) of this section shall be automatically extended by that time used by the city for processing a complete application for a subsequent grading permit, design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.
iii.
A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth in subsection (B)(6)(c)(i) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council by depositing a written notice of appeal with the city clerk within 10 days.
iv.
If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights conferred by the Vesting Tentative Map Statute shall continue until the expiration of that permit, or any extension of that permit granted by the city.
(Ord. 171 § 17.6, 1994)
§ 16.68.070 General regulations.
A.
Revised Tentative Maps.
1.
Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this chapter in effect at the time the revised map is submitted.
2.
A revised tentative map shall be processed in the same manner as for the original approval of the tentative map, as applicable. The approval or conditional approval of a revised tentative map shall annul the approval of the original tentative map, but shall not extend the time limit within which the final map must be filed.
B.
Minor Changes.
1.
A request for approval of a minor change to an approved tentative map shall be filed with the community development department, accompanied by the fee specified by the city council.
2.
Minor changes to an approved tentative map shall be considered by the hearing body which approved the original tentative map. Therefore, planning commission shall consider changes to an approved tentative map except where the original map was approved by the city council as a result of an appeal or referral by the planning commission.
3.
At the discretion of the community development director, the request for a minor change may be referred to the project review committee. If so referred, the committee shall prepare a written recommendation to the appropriate hearing body.
4.
The community development director shall present a written recommendation to the appropriate hearing body, which shall be based on the recommendation of the project review committee, if such a recommendation has been prepared.
a.
If the minor change was not referred to the project review committee, the community development director's written recommendation shall be based on the director's professional opinion.
5.
The written recommendation of the community development director shall be placed upon the regular agenda of the planning commission for their decision.
a.
If the planning commission is the original approving hearing body, such decision shall be final unless appealed to the city council.
b.
If the city council is the original approving hearing body, such decision shall be forwarded to the city council for final action.
6.
The community development director shall provide a notice of hearing to the owner of the property, to the project applicant and to all the owners of real property which are located within 300 feet of the exterior boundaries of the property, as such owners are shown on the latest equalized assessment role, and shall arrange for the required notice to appear once in a newspaper of general circulation in the area affected by the proposed project. Said notice of public hearing shall be given only on those minor changes which the land division had previously required a notice of public hearing.
C.
Division into Phases – Multiple Final Maps.
1.
Multiple final maps (phases) relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map provided:
a.
The subdivider, at the time the tentative map is filed, informs the city of his intent to file multiple final maps by indicating phase lines on such tentative map; or
b.
Prior to approval of the tentative map, the city and subdivider concur in the filing of multiple final maps.
2.
Each final map shall be considered by the planning commission.
3.
No phased map shall be approved unless it is complete and in compliance with all of the provisions of this chapter, including but not limited to fire protection, flood control, traffic circulation, access, and environmental considerations. Each phased map shall comply with all conditions of approval of the tentative map, and shall be specifically approved by the planning commission.
4.
Each phase shall be identified by the approved tentative map number with a dash number designating said phase. The phase number shall be designated by the city engineer upon payment of the fee specified by the city council. Phases shall be recorded in the order as indicated by the phase number. The last phase within a tentative map to be recorded will not bear a phase number.
5.
No more than three unrecorded phase numbers may be issued or be effective on a tentative map at any time, unless otherwise approved by the planning commission during a public hearing.
6.
The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating the filing of multiple final maps.
7.
Multiple final maps may be filed for an approved tentative map for which no phasing has been indicated, pursuant to subsections (C)(1)(a) and (C)(1)(b) of this section; provided, that a "revised" tentative map indicating the proposed phasing is filed and approved in the same manner as the original map.
D.
Expiration of Approved Tentative Maps and Vesting Tentative Maps – Extension of Time.
1.
Tentative Subdivision Maps. An approved or conditionally approved tentative subdivision map shall expire 36 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder.
a.
Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the community development director 30 days prior to the expiration date of the tentative map and shall be accompanied by the fee set by the city council. The community development director shall forward to the planning commission a recommendation for approval or denial of the application. The planning commission may extend the date on which the map expires for one year and, on further application before the expiration thereof, may further extend it for a second year and, on further application before the expiration thereof, may further extend it for a third, final year.
b.
The decision of the planning commission shall be final unless the decision is appealed to the city council or the city council or any council member elects to hear the matter when the notice of decision appears on the agenda.
c.
Any appeal must be filed with the city clerk of the city council accompanied by the fee set by the city council within 10 calendar days of the date of the notice of decision appears on the city council agenda.
2.
An extension of time for a tentative subdivision map shall not be granted unless the land division conforms to the general plan, is consistent with existing zoning and with applicable improvement standards, and will not be detrimental to the public health, safety and welfare.
3.
Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that upon the recordation of a final map, the rights conferred by the vesting of the tentative map shall last for one year.
a.
Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.
i.
The one-year initial time period shall be automatically extended by that time used by the city for processing a complete application for a grading permit, if the time used to process the application exceeds 30 days from the date that a complete application is filed.
b.
Prior to the expiration of the initial time period, the subdivider may apply in writing for a one-year extension, accompanied by the fee set forth by the city council.
i.
If the extension is denied, an appeal may be filed with the city council within 10 calendar days of the date the notice of decision appears on the city council agenda.
c.
When the subdivider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.
4.
The period of time specified in this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the planning commission pursuant to this paragraph. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the community development department for a stay pursuant to this section.
a.
Applications for a stay shall be made to the community development director on the forms provided by the community development department and shall be accompanied by the filing fee set by the city council and shall include such information and documents as may be required by the community development director.
b.
The community development director shall forward to the planning commission a recommendation for approval or denial of the request for a stay. The planning commission shall act on the requested stay within 40 days after the application is received by the community development director. The decision of the planning commission shall be forwarded to the city clerk.
c.
The decision of the planning commission shall be final unless the decision is appealed to the city council or the city council or any council member elects to hear the matter after the notice of decision appears on the agenda. Any appeal must be filed with the city clerk accompanied by the fee set by the city council within 10 days of the date the notice of decision appears on the city council agenda.
(Ord. 171 § 17.7, 1994)
§ 16.68.080 General.
After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the current city standards and the approved or conditionally approved tentative map.
(Ord. 171 § 17.8(1), 1994)
§ 16.68.090 Subdivision boundary survey plat requirements.
A.
Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.
B.
Before the final map of a subdivision may be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a boundary survey plat showing:
1.
A boundary survey of the land division, including all courses and distances necessary to compute a closure;
2.
Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record;
C.
The city engineer may waive the boundary plat requirement if the city engineer determines that sufficient survey information is of record.
D.
Whenever the city engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map. All monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show city and county boundaries adjoining the division of land.
(Ord. 171 § 17.8(2), 1994)
§ 16.68.100 Preliminary filing of final subdivision map.
A.
Following the approval or waiver of the boundary survey plat by the city engineer, the subdivider may file the final map for preliminary checking in the office of the city engineer. The quantity of the number of positive prints required for such preliminary checking shall be determined by the city engineer.
B.
The final map shall be accompanied by:
1.
A map checking fee as set by the city council;
2.
Any additional data as determined by the city engineer.
C.
Proposed improvement plans shall be submitted and accompanied with the plan checking fee as set by the city council.
D.
Prior to the recordation of the final map, the subdivider shall provide and the city engineer shall have reviewed and approved:
1.
A copy of the approved conditions, covenants and restrictions (CC and Rs), as applicable, which are to be recorded with the final map;
2.
Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title.
3.
All request for waivers of signatures as provided in the Subdivision Map Act;
4.
Utility Plans.
a.
An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by a registered civil engineer and the water and sewer purveyors. Each systems shall comply with all applicable state and county and city regulations. The city fire prevention officer shall also sign the water plans when conditions include fire protection; and
b.
Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities and construction thereof.
(Ord. 171 § 17.8(3), 1994)
§ 16.68.110 Preliminary filing of final parcel map.
Following the approval of a tentative parcel map, the land divider may cause a final parcel map to be prepared and submitted to the city engineer. The land divider shall submit the following along with the final parcel map:
A.
The number of positive prints of the final parcel map as determined by the city engineer with plan checking fee as set by the city council;
B.
All required improvement plans with plan checking fee as set by the city council; and
C.
Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any recorded title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.
(Ord. 171 § 17.8(4), 1994)
§ 16.68.120 Data required – Final land division maps.
A.
Final subdivision and final parcel maps shall conform to all of the following provisions:
1.
Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the city engineer and authorized by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;
2.
Each map, including each sheet of a multisheet map, shall bear the map number as assigned by the San Bernardino county recorder's office, which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. References shall be spelled out and worded identically with original records, with complete references to proper book and page of record;
3.
All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data;
4.
A location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways;
5.
The certificates and acknowledgements, required by the Subdivision Map Act and this chapter, shall appear on the first sheet only. "Certificates" shall include the following:
a.
Owner's certificate.
b.
Trustee's certificate.
c.
Recorder's certificate.
d.
Surveyor's/engineer's certificate.
e.
City engineer's certificate.
f.
City clerk's certificate.
g.
Tax collector's certificate.
h.
Tax bond certificate (As appropriate).
6.
The first sheet shall also include: (a) signature omissions (relating to oil, gas or mineral rights) and (b) notice of election by land divider to defer payment of drainage fees. If needed, the second map sheet may be used for notary acknowledgements. In no case shall the certificates noted in subsection (A)(5) of this section be placed on the second sheet of a multisheet map;
7.
The recorder's certificate shall be placed in the upper right-hand corner of the map or in the upper right-hand corner of the first sheet only of multisheet maps;
8.
The surveyor's or engineer's certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;
9.
The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of a unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision;
10.
A land division name shall not be shown on the map;
11.
The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated;
12.
A statement labeled "Surveyor's Notes" or "Engineer's Notes" shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city standards; and a key to the symbols and abbreviations and such other information required by the city engineer;
13.
Lots shall be numbered consecutively, commencing with the number "1," with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified; and
14.
Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.
B.
The following data shall be shown on each final subdivision and parcel map:
1.
Dates of survey and the name and registration number of the person authorized to practice land surveying by the state of California and who is responsible for the preparation of the map;
2.
Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the location of alleys. Proposed public area and easements shall also be identified;
3.
Gross area of land division, and the net acreage, computed to the nearest 0.1 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;
4.
Centerlines of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;
5.
Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the city engineer;
6.
Sufficient primary survey control points;
7.
Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;
8.
Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner's certificate of dedication. Easements shall be shown on the map by broken lines;
9.
Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;
10.
No setback lines shall appear on the final map;
11.
New street names shown on a land division map must be approved by the city engineer;
12.
When an environmental constraint sheet is required, a note shall be placed below the surveyor's notes on the final map in one-fourth-inch high bold block letters, stating:
ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is on file in the Office of the City Engineer. This affects Lot Nos. ___ or Parcel No. ___; |
13.
The basis of bearings and the basis of coordinates shall be based on the California State Plane Coordination System, Zone 6, and shall be shown on the map in accordance with the requirements of the city engineer.
C.
Composite Development Plan.
1.
Filing Criteria for Composite Development Plans. The city engineering department may require the filing of a composite development plan at the time a final or parcel map is accepted for recordation. These maps will reflect the information required by the city engineering department and shall be filed with the city engineering department concurrent with the recordation of the final or parcel map.
Wherever a composite development plan is required, these plans shall be submitted prior to recordation of the final or parcel map.
2.
Content. The content and form of composite development plans shall be governed by the provisions of this section.
a.
Standards and Preparation. A reproduction shall be made on linen or mylar of the map sheets of the final or parcel map which shall conform to the following provisions and adopted city standards.
i.
In the top margin of all the map sheets, there shall be prominently labeled "Composite Development Plan." Advance copies shall be submitted for approval by the city engineer prior to submittal of the linen or mylar of the final or parcel map.
ii.
Notes on Composite Development Plans.
(A)
The plan shall contain a section titled "Composite Development Plan Notes." The city may list here any conditions or mitigating measures stipulated for the development of the subject property. Any explanatory notes related to criteria delineated on the map shall also be listed within this section. In addition, any related reports regarding development criteria shall be listed, including the following information:
(1)
Title and date of the report.
(2)
Name and credentials of person or firm preparing report.
(3)
The location where the reports are on file.
(B)
The plan may delineate and note applicable criteria to the development of the subject property. These criteria are limited to:
(1)
Building criteria (e.g., building setback lines). Any yard setback lines that are delineated on composite development plans shall be the street and yard setback distances required on the property within said composite development plan.
(2)
Geological and seismic criteria.
(3)
Grading criteria.
(4)
Flood control criteria (e.g., setbacks).
(5)
Environmental criteria.
(C)
The following statement shall be prominently displayed on each map sheet:
Composite Development Plan |
Notes on this plan are for informational purposes, to indicate conditions and criteria that exist on this property that were known and identified as of the date this plan was filed. This information is derived from public records or reports and is not intended to affect record title interest. |
3.
Procedures. This subsection shall govern the procedures for the processing, approval or disapproval of a composite development plan.
a.
Filing Advance Copy. At least three weeks prior to the recordation of the final or parcel map, the composite development plan shall be submitted for coordination of review to the city engineer.
b.
Filing Official Copy of Composite Development Plan. Concurrent with the filing for recordation of the final or parcel map, the composite development plan shall be filed with the city engineer.
4.
Amendment to Composite Development Plan. Should any correction and amendment to a final or parcel map be made that affects the composite development plan as authorized by this section, then the applicant shall file with the city engineering department a corrected composite development plan that is reviewed by the community development director, building and safety. The city engineer is authorized to approve amended maps when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the tentative or parcel map.
(Ord. 171 § 17.8(5), 1994)
§ 16.68.130 Parcel maps compiled from recorded data.
A parcel map of four or less parcels may be compiled from recorded or filed data; provided, that such data is acceptable to the city engineer.
(Ord. 171 § 17.8(6), 1994)
§ 16.68.140 Filing of final land division maps.
A.
After the preliminary final land division map is determined to be correct, the city engineer shall notify the land divider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final land division map or documents are not determined complete by the city engineer, they shall be returned to the land divider for corrections.
B.
The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the city engineer.
(Ord. 171 § 17.8(7), 1994)
§ 16.68.150 Action by the city engineer.
When a final land division map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within 20 days thereafter, file the final map and documents with the city clerk and certify that:
A.
The map has been examined by the city engineer;
B.
The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.
C.
All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with;
D.
The map is technically correct; and
E.
In the certificate, the city engineer shall state the date of approval of the tentative map and the date of expiration.
(Ord. 171 § 17.8(8), 1994)
§ 16.68.160 Action by the city council.
The city council, upon filing of a final land division map, shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this chapter applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map.
(Ord. 171 § 17.8(9), 1994)
§ 16.68.170 Surveys and monuments.
A.
At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with city standards.
B.
All monuments for final land division maps containing five or more lots shall be set prior to the recordation of the map unless the land divider executes a secured agreement guaranteeing the setting of the monuments.
C.
All monuments for final land division maps containing four or less lots shall be set prior to the recordation of the map.
(Ord. 171 § 17.8(10), 1994)
§ 16.68.180 Delivery of final map to the recorder.
A.
Upon approval by the city council, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map to the recorder.
B.
The land developer shall present to the recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder. Failure to provide such evidence shall be cause for the recorder to refuse to accept the map for filing.
C.
The recorder shall have not more than 10 days within which to examine the final land division map and either accept or reject it for filing.
D.
If the recorder accepts the map for filing, such acceptance shall be certified on the face thereof.
E.
The recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the city engineer who shall retain custody thereof.
(Ord. 171 § 17.8(11), 1994)
§ 16.68.190 Waived maps.
A.
The waiver of the final parcel map by the city engineer indicates that the city engineer has determined that adequate information is available, and the necessary conditions of the tentative map have been met, and therefore, that a final map is not required.
B.
The city engineer may waive a final parcel map according to the provisions set forth herein.
C.
When a final parcel map has been waived, the city engineer shall distribute copies of the certificate of compliance and waiver of the parcel map to the building official and file a certificate of compliance with the recorder's office, upon payment of the fee by the subdivider as set per the city council.
(Ord. 171 § 17.8(12), 1994)
§ 16.68.200 Certificate of correction of final maps.
After a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction.
A.
Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:
1.
To correct an error in any course or distance shown thereon;
2.
To show any course or distance that was omitted therefrom;
3.
To correct an error in the description of the real property shown on the map;
4.
To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
5.
To show the proper location or character of any monument which has been changed in location or character and originally was shown at the wrong location or incorrectly as to its character; or
6.
To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in the section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.
B.
The application for a certificate of correction shall be made to the city engineer upon payment of fees set by the city council and on the forms provided by the city engineer and shall include such information as required by the city engineer in addition to the following:
1.
The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.
C.
Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.
(Ord. 171 § 17.8(13), 1994)
§ 16.68.210 Amendment of final maps.
A.
In addition to the corrections authorized by HMC § 16.68.200, after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by an amendment of final map.
B.
Application. The land divider may apply for an amendment of final map on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information as required by the city engineer.
C.
No amendment of final map shall be approved unless it complies with the following standards:
1.
There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;
2.
The modifications do not impose any additional burden on the present fee owner of the property;
3.
The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
4.
The city engineer finds that the map as modified conforms to the provisions of this ordinance.
D.
Notice of Hearing. The city engineer shall set the matter for public hearing in accordance with HMC § 16.08.170. The hearing shall be confined to consideration of and action on the proposed modification.
E.
Recordation of Amendment of Final Map. When the changes to a final map are in conformance with the adopted city standards, the city engineer shall certify to this fact on the amended map.
F.
Filing Requirements. Applications for lot line adjustment as defined in this section shall be made to the community development director on forms provided by the community development department. The applications shall be accompanied by the fee set by the city council.
G.
Procedure. Upon receipt of a completed application, the community development department shall transmit the application material to the following agencies: engineering department, forestry and fire warden department, and building and safety. The applicant and his representative shall be notified of any concerns expressed by the reviewing agencies which may delay approval of the application. The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements, or improvements.
H.
When special circumstances apply to a parcel of property, including but not limited to topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements, and/or urbanization of the property under a requested permit, the community development director may, upon sufficient documentation and justification, approve a lot line adjustment so long as the proposed adjustment is not in conflict with state law, city ordinances, and requirements set by other city departments or agencies.
I.
Within 30 days of the lot line adjustment application being accepted as complete, the city engineer shall conditionally approve, disapprove, or notify the applicant and his representative that the request does not meet the requirements of a lot line adjustment.
J.
Applications for lot line adjustment shall not be considered final until the application documents and new legal description(s), reflecting the adjustment have been received.
K.
Recordation. Upon approval of the lot line adjustment, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot line adjustment with the county recorder. Said notice shall contain the following:
This document is being recorded pursuant to Lot Line Adjustment No. ______, approved by the Public Works Department on ________. |
(Ord. 171 § 17.8(13), 1994)
§ 16.68.220 Lot merger.
A.
Purpose and Intent. This section establishes criteria and procedures for lot mergers required to achieve conformance with other provisions of this title or voluntarily requested on the part of any property owner.
B.
Applicability.
1.
Any lot, parcel or unit of land may be merged with a contiguous lot, parcel or unit held by the same owner if any one of the contiguous lots, units or parcels does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property, without reverting to acreage, if all of the following requirements are satisfied:
a.
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
b.
With respect to any affected parcel, one or more of the following conditions exists:
i.
Comprises less than 5,000 square feet in area at the time of the determination of merger.
ii.
Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
iii.
Does not meet current standards for sewage disposal and domestic water supply.
iv.
Does not meet slope stability standards.
v.
Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
vi.
Its development would create health or safety hazards.
vii.
Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
2.
For purposes of this section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
3.
This section shall not apply in the event of the existence of any of the conditions delineated in subparagraphs (A) through (E) of Subdivision Map Act Section 66451.11.
C.
Application. The land divider may apply for a lot merger on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information as required by the city engineer.
D.
Filing Requirements. Applications for lot merger as defined in this section shall be made to the community development director on forms provided by the community development department. The applications shall be accompanied by the fee set by the city council.
E.
Procedure. Upon receipt of a completed application, the community development department shall transmit the application material to the following agencies: engineering department, forestry and fire warden department, and building and safety. The applicant and his representative shall be notified of any concerns expressed by the reviewing agencies which may delay approval of the application. The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements, or improvements.
F.
Within 30 days of the lot merger application being accepted as complete, the city engineer shall conditionally approve, disapprove, or notify the applicant and his representative that the request does not meet the requirements of a lot merger.
G.
Applications for lot merger shall not be considered final until the application documents and new legal description(s) reflecting the merger have been received.
H.
Recordation. Upon approval of the lot merger, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot merger with the county recorder. Said notice shall contain the following:
This document is being recorded pursuant to Lot Merger No. ______, approved by the Public Works Department on ________. |
(Ord. 332 § 5, 2008)
