Chapter 16.166 — SUBDIVISION AGREEMENTS

The city manager is authorized to execute subdivision agreements, as permitted by Government Code Section 66462(d), in accordance with city standard subdivision agreements. The city manager's action approving or disapproving a subdivision agreement may be appealed to the city council, under procedures set forth in Chapter 17.880. The city council shall review the authority granted to the city manager by this subsection every three years from the effective date of this chapter, or as soon thereafter as is practical.

(Ord. 759 § 1, 2003; Ord. 976 § 7, 2016)

• A. Deferral of Parcel Map Improvements. Pursuant to Government Code Section 66411.1, fulfillment of improvements required as a conditional approval of a parcel map may be deferred until: (1) a permit or development approval is issued by the city; (2) required by an agreement between property owner/subdivider and the city; or (3) until such time as determined by the city engineer that the improvements are necessary for:

  1. Public health and safety; and/or

  2. A necessary prerequisite to the orderly development of the surrounding area.

• B. Deferral Agreement Required. When parcel map conditioned improvements are to be deferred, an agreement shall be executed between the property owner/subdivider and the city identifying the improvements to be deferred and the timing for construction of said improvements.

• C. City Engineer Approval. Concurrently with review and certification of the parcel map, the city engineer is authorized to execute deferred improvement agreements in accordance with city attorney approved deferral agreements. The city engineer's action may be appealed as provided in Chapter 16.170.

• D. Recordation of Deferred Improvement Agreement. Upon approval, a deferred improvement agreement shall be submitted to the Contra Costa County recorder's office for concurrent recordation with the associated parcel map.

• (Ord. 862 § 3, 2009)

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City of Brentwood, CA § 16.168.010

SUBDIVISIONS AND LAND DEVELOPMENT