§ 21.02.010. When parcel or tract map required.

(a)

Every division of land, improved or unimproved, shall be preceded by the filing of a parcel or tract map pursuant to this title except the following divisions:

(1)

The financing or leasing of apartments, offices, stores or similar spaces within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

(2)

Mineral, oil or gas leases;

(3)

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

(4)

A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, processed in compliance with Section 21.02.030;

(5)

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the financing or leasing is not subject to review under other local agency ordinances regulating design and improvements;

(6)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(7)

Leases of agricultural land solely for agricultural purposes. As used in this section, "agricultural purposes" means, and is limited to, the cultivation of food or fiber or the grazing or pasturing of livestock;

(8)

Short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230;

(9)

Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless the planning director determines on the basis of substantial evidence that public policy necessitates a parcel map. Such determination shall be confirmed at the next regular subdivision review board meeting no sooner than ten days following the filing by the divider of sufficient information regarding the division to enable the planning director to make his determination. In the event the applicant is dissatisfied with the action taken by the planning director, he may appeal to the board of supervisors within ten days of the determination which is being appealed. Proof of conveyance shall be submitted to the planning director. Approvals granted pursuant to this subsection shall be null and void two years from the date of approval;

(10)

Within the coastal zone, land divisions in connection with purchase of such land by a public agency for public recreational use.

(b)

Except as provided in subsection (a) or (c) of this section, each of the following divisions of land, regardless of the number of parcels created, shall be preceded by the filing of a tentative and parcel map pursuant to this title:

(1)

Where the land before division contains less than five acres, each proposed parcel abuts upon a maintained public street or highway, and no dedications or improvements are required by the subdivision review board;

(2)

Where each proposed parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway. For purposes of this subsection, "approved access" means access for which improvements exist or are proposed as a condition of approval of the parcel map in accordance with Section 21.05.020;

(3)

Where the land consists of a parcel or parcels of land, having approved access to a public street or highway, which comprises part of a tract of land designated (zoned) for industrial or commercial development, and which has the approval of the subdivision review board as to street alignments and widths;

(4)

Where each proposed parcel has a gross area of forty acres or more, or each of which is a quarter section or larger.

(c)

Except as provided in subsections (a) and (b) of this section, any division resulting in five or more parcels shall be preceded by filing a tentative and tract map pursuant to this title.

(d)

All divisions of land not otherwise specifically exempted from parcel map requirements by this title and for which a tentative and final map is not required by this title shall be preceded by the filing of a tentative and parcel map pursuant to this title.

(e)

The requirements for a parcel map may be waived by the subdivision review board, provided the subdivision review board finds that the proposed division of land complies with the requirements of the Subdivision Map Act, or county ordinances enacted pursuant thereto, as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, general plan consistency, land use designation (zoning) and other requirements of the Subdivision Map Act, or county ordinances enacted pursuant thereto.

(f)

The procedures and requirements for waiver applications shall be the same as those set forth for the processing of tentative parcel maps for four or fewer parcels.

(Ord. 3000 § 1, 2003; Ord. 2636 §§ 5, 6, 1993: Ord. 2581 §§ 2, 3, 1992; Ord. 2343 § 5, 1988; Ord. 2070 § 2, 1981; Ord. 1986 § 2 (part), 1979)