Chapter 20.04 — REVIEW AUTHORITY

This Chapter is intended to establish the applicable review authority for maps, lot line adjustments, mergers, and other approvals provided for in this Title 20 - Subdivisions. Some processes are ministerial, such as lot line adjustments and voluntary mergers, and do not require a public hearing. Other processes such as tentative maps require a public hearing. Tables 1 and 2 are included in this chapter to summarize the applicable process for the various types of maps and documents covered within Title 20 - Subdivisions. Additional details on the administrative procedures for different types of subdivision maps and services are detailed in subsequent chapters.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The City Council shall review and have final approval authority for:

1.

Final tract maps - The Council shall consider and approve the final map if it finds that all requirements of the map have been satisfied and adequate financial security provisions have been made to guarantee compliance with these requirements, and shall also accept or reject, on behalf of the public, any real property offered for dedication for public use.

2.

Appeals of the Planning Commission's actions on tentative tract maps.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The Planning Commission shall review and have final approval authority for:

1.

Tentative tract maps that consist of 50 or more residential units/lots;

2.

Tentative tract maps for non-residential projects;

3.

Tentative condominium maps/airspace lots with 50 or more residential units/lot;

4.

Tentative condominium maps/airspace lots for non-residential projects;

5.

Condominium conversions for with 50 or more residential units;

6.

Condominium conversions for non-residential projects;

7.

Major corrections or changes to an approved tentative tract map prior to the recordation of the final map; and

8.

Appeals of Zoning Administrator's action on parcel maps, City-initiated lot mergers, tentative tract maps with less than 50 units/lots, tentative tract maps with 100% affordable units/lots, tentative parcel maps, tentative condominium maps with less than 50 residential units, and condominium conversions with less than 50 residential units.

B.

The Planning Commission shall:

1.

Approve, conditionally approve, or disapprove tentative maps in accordance with these regulations;

2.

Prescribe the kinds, nature, and extent of improvements required to be installed in each subdivision; and

3.

Grant exceptions or modifications to the requirements of these regulations where such exceptions will not be detrimental to the public welfare.

(ORD-23-0051 § 1(Exh. A), 2023)

20.04.040 - Zoning Administrator.

A.

The Zoning Administrator is designated as the decision-making entity for:

Parcel maps;

2.

Tentative tract maps that are 100% affordable;

3.

Tentative tract maps that consist of 50 or less residential units/lots;

4.

Tentative condominium maps/airspace lots with 50 or less residential units/lot;

5.

Condominium conversions for with 50 or less residential units;

6.

City-required mergers;

7.

Major corrections or changes to an approved parcel map prior to the recordation of the final map.

B.

The Zoning Administrator shall be a Planning Officer designated by the Director of Community Development with the approval of the Planning Commission. In the absence of the Zoning Administrator, the Community Development Director may assume the responsibilities of the Zoning Administrator or may designate a Planner III or other higher designee.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

Final/tract and parcel maps shall be filed with the Department of Public Works for review and approval by the Public Works Director.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

The Community Development Director shall review and have final approval authority for various ministerial actions related to minor map adjustments and administrative actions related to subdivisions. Ministerial

actions are focused on whether or not the request is consistent with the guidance included in this ordinance and consistency with the provisions of the State Subdivision Map Act.

1.

Time Extensions. The Community Development Director may grant extensions of time to the expiration of approved tentative maps in accordance with these regulations without the requirement for a public hearing.

2.

Lot Line Adjustments/Voluntary Mergers. The Community Development Director shall approve, conditionally approve, or disapprove a minor lot line adjustment for four or fewer contiguous legal lots or voluntary mergers in accordance with these regulations without the requirement for a public hearing.

3.

Other Actions. Within subsequent sections of this Ordinance, other minor actions are identified that are ministerial and can be approved without a hearing. These actions include the following:

a.

Certificates of compliance.

b.

Lot tie covenant.

c.

Condo conversion exclusion.

d.

Minor amendments to tentative maps.

e.

Urban lot split.

(ORD-23-0051 § 1(Exh. A), 2023)

20.04.070 - Appeals authorization and jurisdiction.

A.

Appeals Authorization. Any aggrieved person may appeal a decision on any project that required a public hearing. Pursuant to Section 21.15.120 of the Zoning Regulations, an Aggrieved person is any person who testified personally or through a representative at a public hearing; or who informed the staff of the Community Development Department in writing prior to the hearing of an interest in the subject of a hearing.

B.

Appeals Jurisdiction. The Planning Commission shall have jurisdiction on appeals of decisions issued by the Zoning Administrator, and the City Council shall have jurisdiction on appeals from the Planning Commission. Decisions lawfully appealable to the California Coastal Commission shall be appealed to that body.

C.

Except as specified by this Code, decisions that are recommendations to the Planning Commission or to the City Council are not subject to appeal.

(ORD-23-0051 § 1(Exh. A), 2023)

An appeal must be filed within ten (10) calendar days after the decision is made for which a public hearing was required. If the end of an appeal period falls on a weekend or a holiday, the appeal must be filed by the end of the first working day thereafter.

(ORD-23-0051 § 1(Exh. A), 2023)

20.04.090 - Form of filing an appeal.

All appeals shall be filed with the appropriate fee with Planning Bureau of the Community Development Department on a form provided by that department.

(ORD-23-0051 § 1(Exh. A), 2023)

20.04.100 - Time for conducting hearing of appeals.

A public hearing on an appeal shall be held:

A.

In the case of appeals to the Planning Commission, within sixty (60) days of the date of filing of the appeal with the Community Development Department;

B.

In the case of appeals to the City Council, within sixty (60) days of the receipt by the City Clerk from the Community Development Department of the appeal filed with the Department; or

C.

The Director of Community Development may provide an extension of the period for an appeal to be adjudicated for up to ninety (90) days.

(ORD-23-0051 § 1(Exh. A), 2023)

A notice of the public hearing on the appeal shall be mailed by the Community Development Department to the applicant and any known aggrieved person not less than fourteen (14) prior to the hearing. Such notice shall contain the same information as the original notice except that it shall also give the appellant's name and state that the hearing is an appeal.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

Decision Rendered. After a decision on an appeal has been made and required findings of fact have been adopted, that decision shall be considered final and no other appeals may be made except:

1.

Projects located seaward of the appealable area boundary, as defined in Section 21.25.908 (Coastal Permit —Appealable Area) of the City's Zoning Regulations, may be appealed to the California Coastal Commission.

B.

No Appeal Filed. After the time for filing an appeal has expired and no appeal has been filed, all decisions shall be considered final.

C.

Local Coastal Development. Decisions on local coastal development permits seaward of the appealable area shall not be final until the procedures specified in Chapter 21.25 (Coastal Permit) of the City's Zoning Regulations are completed.

(ORD-23-0051 § 1(Exh. A), 2023)

All decisions on appeal shall be based upon the same conclusionary findings, if any, required to be made in the original decision from which the appeal is taken.

(ORD-23-0051 § 1(Exh. A), 2023)

A fee shall be charged for filing an appeal as established by Council resolution.

Table 1 - Ministerial Subdivision Actions

Abbreviations: Admin = Administrative Approval; ZA = Zoning Administrator

(a) Not subject to an appeal and is considered final upon approval.

Table 2 - Level of Review for Different Subdivision Actions

Tentative Condominium Map/Airspace Lots ≥ 50 units

Abbreviations: Admin = Administrative Approval; ZA = Zoning Administrator; PC = Planning Commission; CC = City Council

(a)

See Section 20.04 for appeal noticing requirements.

(b)

Project within the Coastal Zone - Appealable Area of the City may be appealed to the California Coastal Commission.

(c)

Recommendation to City Council, not subject to appeal pursuant to Chapter 20.04 - Appeals.

(d)

Applicable to processing of Vesting Tentative Map.

(ORD-23-0051 § 1(Exh. A), 2023)

CHAPTER 20.06 - TYPES OF MAPS REQUIRED

20.06.020 - Parcel map.

A.

Whenever any provision of this title requires a subdivision map to be filed, such map shall be a tentative and parcel map if:

1.

The subdivision includes four (4) or less lots or condominium units (or other common interest subdivisions) for residential development or use; or

2.

The subdivision is for commercial or industrial development, and has the City's approval of the street alignments and widths; or

3.

The land before division contains less than five acres, each lot created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or

4.

Each lot will have a gross area of twenty (20) acres or more and has approved access to a maintained public street or highway; or

5.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Map Act Section 66418.2.

(ORD-23-0051 § 1(Exh. A), 2023)