Chapter 9-8-2000 - Minor Subdivisions#

9-8-2001 - Intent.#

The intent of this Chapter is to provide a method for reviewing and approving Minor Subdivision Applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2002 - Requirements for Application.#

In addition to the application requirements specified in Section 9-860.2 and Chapter 2 of Division 9 of the Development Title, the additional application requirements specified in Section 9-8-1902 for Major Subdivision Applications shall be required for Minor Subdivision Applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2003 - Review Procedures.#

Minor Subdivision Applications shall be reviewed using the Staff Review With Notice procedure specified in Chapter 4 of Division 2, with the following modifications:

(a) Action with No EIR.#

If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.§

(b) Action with EIR.#

If an Environmental Impact Report is required, the final action shall be rendered within forty-five (45) calendar days after certification of the Environmental Impact Report.§

(c) Appeals.#

Appeals of any decision shall be heard by the appropriate Review Authority within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal.§ A final decision shall be rendered within ten (10) calendar days, or any authorized extension thereof, after the conclusion of the hearing.§

(d) Notice of Hearing.#

Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.§

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2004 - Findings.#

Prior to approving an application for a Minor Subdivision, the Review Authority shall find that all of the following are true:

(a) Plan Consistency.#

The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City;

(b) Design or Improvement.#

The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;

(c) Type of Improvement.#

The site is physically suitable for the type of development proposed;

(d) Density of Development.#

The site is physically suitable for the proposed density of development;

(e) Fish or Wildlife.#

Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

(f) Public Health.#

The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(g) Access.#

The design of the subdivision or the 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;

(h) Dedications.#

Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other applicable plan adopted by the City;

(i) Energy.#

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and

(j) Development Agreement.#

All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2005 - Expiration Date.#

A Minor Subdivision Application which has been approved or conditionally approved shall expire thirty-six (36) months after the date of its approval or conditional approval, unless otherwise specified in this Title.§

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2006 - Vested Rights.#

An approved Minor Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.

(a) Vested Rights.#

The approval or conditional approval of the Minor Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code.

(b) Exceptions.#

Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:

(1) Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or

(2) Condition or denial is required in order to comply with state or federal law.

(c) Time Periods.#

The vested rights referred to in Subsection (a) shall expire if a parcel map is not approved prior to the expiration of the approved Minor Subdivision Application. If the parcel map is approved, vested rights shall continue as follows:

(1) Vested rights shall remain in effect for an initial time period of one (1) year.§ A parcel map must be recorded within the time period set forth in Section 9-860.5, or the vested rights shall expire.

(2) The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.§

(3) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit or any extension of that building permit.

(d) Subsequent Conditioning.#

Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative Map shall not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary for the development.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2007 - Preliminary Maps.#

A Preliminary Map that is a Minor Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2008 - Minor Subdivisions Not Within Master Plan Density Range.#

A Minor Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.§

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2009 - Approval of Specified Minor Subdivision Plan Attachments.#

The following attachments to a Minor Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title:

(a) Vehicle Circulation Plan and Roadway Improvement Plan;#

(b) Pedestrian, Bicycle, and Transit Connections Plan;#

(c) Fencing and Edge Treatment Plan;#

(d) Soundwall Plan;#

(e) Street Landscaping Plan;#

(f) Street Lighting Plan;#

(g) Second Unit Dwelling Plan; and#

(h) Open Space, Recreation, and Trails Plan.#

The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2010 - Amendment of Second Unit Dwelling Plan.#

An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title, provided the following conditions are met:

(a)#

For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;

(b)#

All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and

(c)#

The replacement parcels specified in Subsection (a) shall be within the same neighborhood.

(Ord. 2024-18, § 1(Exh. A), 2024)