No person shall create a minor subdivision without an approved tentative parcel map and an approved parcel map, except that no parcel map shall be required where this division or the SMA provides that a parcel map is not required or where the subdivider is granted a waiver of the parcel map requirement pursuant to this division.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10)
A person shall be eligible to create a minor subdivision when both of the following apply:
(a) The parcel to be subdivided has been created legally, or has been approved for development by the Director and the County has issued a certificate of compliance for the parcel.
(b) Neither the applicant nor the property owners of the parcel to be subdivided, by their current application, will have created, caused to be created or participated in the creation of more than four parcels on contiguous property unless these parcels were created by the major subdivision process. As used in this subsection, the term "participated" means having cooperated with or acted in a planning, coordinating or decision making capacity in any formal or informal association or partnership for the purpose of subdividing real property.
(Added by Ord. No. 5624 (N.S.), effective 11-29-79; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) When a person submits an application for a minor subdivision pursuant to section 81.604, the applicant or all owners of the property to be subdivided shall provide with the application a certification or declaration signed under penalty of perjury attesting that the person meets the eligibility requirements to subdivide the property by the minor subdivision process, in accordance with the eligibility requirements in section 81.602.
(b) The Director shall investigate the application to determine if the application is submitted for the purpose of evading the requirements of the SMA or this division. As part of the Director's investigation of the application the Director may require the applicant or owner provide documents related to transactions involving the property and contiguous parcels that include offers to purchase, escrow instructions, grant deeds and any other documents the Director determines are relevant to the transactions. The Director may also require the applicant or owner to provide statements under oath that establish that the applicant or owner has acquired the property that is proposed to be subdivided, by an arms length transaction. The statements may also cover matters such as the adequacy of consideration for the transactions, whether any transfer was to a close relative or business associate, the retention of control or financial interest in the transaction or any other matter the Director determines is necessary to the investigation. Failure to comply with any of the Director's requirements shall be grounds to reject the application.
(c) The Director shall determine based on the evidence submitted whether the applicant is eligible to create a minor subdivision. If the Director determines the applicant is eligible the application shall be processed. If the Director determines the applicant is not eligible the Director shall notify the applicant in writing that the application has been rejected and provide the reasons why the applicant is ineligible. The Director's determination shall be final.
(Added by Ord. No. 5624 (N.S.), effective 11-29-79; amended by Ord. No. 7028 (N.S.), effective 10-18-85; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
(a) A subdivider applying for a minor subdivision shall file an application with the Director. The application shall be accompanied by a tentative parcel map prepared in accordance with the requirements of this division, information, reports and documentation which the Director deems sufficient to enable the County to consider the environmental consequences of the project pursuant to CEQA, the information required by subsection (b) below and all other information, plans, reports and certifications required by this chapter and the Director.
(b) In addition to the information required by section 81.603, the subdivider shall provide the following information with the application:
(1) The name and address of each person having a financial interest in the application and the name and address of each person having an ownership interest in the property involved.
(2) If a person identified in subsection (a) is a corporation or partnership, the name and address of each person owning 10% or more of the shares of the corporation or owning any interest in the partnership, including a limited partnership interest.
(3) If a person identified in subsection (a) is a nonprofit organization, the name and address of each person serving as an officer of the organization and on the board of directors.
(4) If a person identified in subsection (a) is a trust, the name and address of each trustee, beneficiary and trustor of the trust.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 10037 (N.S.), effective 3-26-10)
An application for a minor subdivision located in an area designated in the Land Use Element of the County General Plan as Village Residential 2, 2.9, 4.3, 7.3, 10.9, 15, 20, 24, 30 or Semi-Rural Residential 1 classification that proposes the creation of three or more parcels and which could, under applicable General Plan requirements, be further divided into five or more parcels, shall be accompanied by a master parcel plan (MPP) unless the MPP is waived by the Director pursuant to section 81.606. The MPP shall provide, in concept, the design of the future lots allowed by the General Plan for the area of the proposed minor subdivision and the general location of future on-site and off-site streets and improvements for the initial subdivision of land and all successive subdivisions. Only those improvements and dedications of right-of-way necessary for the initial division of land, however, shall be required to be shown on the MPP.
(Added by Ord. No. 5758 (N.S.), effective 6-12-80; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10167 (N.S.), effective 10-14-11)
Loading...