Chapter 6 — Subdivisions

DC 6.1.1 Purpose and Authority

This chapter regulates the subdivision of land within the City of McLainberg pursuant to the California Subdivision Map Act (Government Code §§ 66410–66499.58) and the City's authority to impose conditions on subdivisions consistent with state law. The purpose of these regulations is to ensure that land is divided in a manner consistent with the General Plan, that adequate public improvements are provided, and that new lots are suitable for their intended use.

DC 6.1.2 Applicability

No person shall subdivide any land within the City without complying with the Subdivision Map Act and this chapter. A "subdivision" means the division of improved or unimproved land by any subdivider for the purpose of sale, lease, or financing, whether immediate or future. The division of land into two or more parcels requires approval of a Tentative Map or Parcel Map as specified in this chapter.

DC 6.2.1 When Required

A Tentative Map is required for the division of any parcel into five (5) or more lots or units, or for condominium projects of five or more units. The Tentative Map shall be prepared by a licensed California land surveyor or registered civil engineer and submitted to the Community Development Department with the required application fee and all required exhibits.

DC 6.2.2 Review and Decision Authority

The Planning Commission shall be the decision-making authority for Tentative Maps. The Planning Commission shall approve, conditionally approve, or deny a Tentative Map within fifty (50) days of certification of the CEQA document, or within sixty (60) days of a determination of CEQA exemption.

DC 6.2.3 Required Findings for Approval

The Planning Commission shall not approve a Tentative Map unless it makes all of the following findings:

1. The proposed subdivision is consistent with the General Plan and applicable Specific Plans;
2. The design or improvement of the proposed subdivision is consistent with the General Plan;
3. The site is physically suitable for the type of development proposed;
4. The site is physically suitable for the proposed density of development;
5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat;
6. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

DC 6.2.4 Approval Period

An approved Tentative Map shall be valid for twenty-four (24) months from the date of approval, or as extended by state law. Extensions may be granted by the Planning Director for up to thirty-six (36) additional months upon a showing of good cause.

DC 6.3.1 When Required

A Parcel Map is required for the division of any parcel into two (2), three (3), or four (4) lots or units. Parcel Maps may be approved by the Planning Director and do not require Planning Commission action unless referred for public hearing due to identified concerns.

DC 6.3.2 Waiver of Parcel Map

The Planning Director may waive the requirement for a Parcel Map when: each resulting lot conforms to all applicable requirements of this Code; no public dedication or improvement is required; and the parcel map waiver is not otherwise prohibited by state law. A Parcel Map Waiver application shall document that all resulting parcels meet applicable lot size, width, and access standards.

DC 6.4.1 Submission and Approval

A Final Map shall be submitted to the City Engineer within the validity period of the approved Tentative Map. The Final Map shall comply in all respects with the approved Tentative Map and conditions of approval, the Subdivision Map Act, and the City's standard conditions for Final Map approval. The City Council shall approve the Final Map if it complies with the approved Tentative Map and all conditions have been satisfied or an improvement agreement with security has been executed.

DC 6.5.1 Standard Improvements

As a condition of subdivision approval, the subdivider shall install or provide security for the following improvements, consistent with the City's Standard Plans and Specifications:

1. Streets, curbs, gutters, and sidewalks to the City's standard cross-sections;
2. Water, sewer, and drainage facilities adequate to serve the subdivision;
3. Underground electrical, telephone, and cable utilities;
4. Street lighting;
5. Street trees at intervals specified in the McLainberg Urban Forest Master Plan;
6. Parkway landscaping;
7. Traffic control devices as required by the City Engineer.

DC 6.5.2 Parkland Dedication (Quimby Act)

As a condition of subdivision approval, the subdivider shall dedicate land for park and recreational purposes, or pay an in-lieu fee, pursuant to Government Code § 66477 (Quimby Act) and the City's adopted Parkland Dedication Ordinance. The required dedication is three (3) acres per one thousand (1,000) residents for the proposed subdivision, based on the average number of persons per household for the applicable unit type.

DC 6.6.1 Purpose and Applicability

A Lot Line Adjustment allows the boundary between two or more adjacent lots to be adjusted without creating additional lots. Lot Line Adjustments are approved ministerially by the Planning Director if: (a) the adjustment is between four or fewer existing adjacent parcels; (b) no additional parcels are created; and (c) the resulting parcels conform to applicable zoning standards. A Certificate of Lot Line Adjustment shall be recorded with the County Recorder upon approval.