§ 12.08

The City Council has final jurisdiction in the approval or denial of: final subdivision maps; subdivision improvement agreements; deferred improvement agreements; reversions to acreage; and the acceptance by the City of land and/or improvements proposed for dedication to the City.

The City Council is the appeal board for hearing appeals of Planning Commission decisions regarding subdivisions.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.102)

The Planning Commission is responsible for approving or denying an application for a tentative subdivision map or a vesting tentative subdivision map, and is the Appeal Board for hearing an appeal regarding a tentative parcel map. The Planning Commission also hears appeals from a decision of the City Engineer or Community Development Director, as provided in Section 12.12.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.103)

The City Attorney is responsible for approving as to form all subdivision improvement agreements and security, deferred improvement agreements, liability agreements and insurance, and all governing documents for a community apartment project, condominium, stock cooperative, or conversion.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.104)

The City Engineer is responsible for:

(a)

Establishing design and construction details, standards and specifications;

(b)

Determining if proposed subdivision improvements comply with the Subdivision Map Act and this title;

(c)

Reviewing and approving or denying a tentative parcel map, in conjunction with the Community Development Director, and approving a parcel map;

(d)

The processing and certification of final maps, reversion to acreage maps, and amended final maps and the processing and approval of subdivision improvement plans;

(e)

The processing and approval of waivers of parcel map requirements, lot line adjustments (together with the Community Development Director), mergers and unmergers, and certificates of compliance:

(f)

Examining and certifying that final and parcel maps are in substantial compliance with the approved tentative maps;

(g)

Inspection and recommendation to City Council for acceptance of subdivision public improvements;

(h)

Recommendations regarding the acceptance of dedications and public improvements for subdivisions of four (4) or fewer parcels, and off-site dedications lying outside a subdivision boundary which require a separate grant deed;

(i)

Determinations of violations of the Subdivision Map Act or this title;

(j)

Examining, processing and approving certificates of corrections as required.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.105)

The Community Development Director is responsible for:

(a)

Determining whether proposed subdivisions conform to the general plan, any applicable specific plans, and the zoning regulations; and making recommendations for approval or denial to the Planning Commission for a tentative subdivision map, and to the City Engineer for a tentative parcel map;

(b)

Certifying as Secretary of the Planning Commission, that the Planning Commission has approved, conditionally approved, or denied a tentative subdivision map;

(c)

Scheduling, as Secretary of the Planning Commission, any appeal from a decision of the City Engineer or Community Development Director, under Section 12.12.060;

(d)

Review and approval of a lot line adjustment (together with the City Engineer).

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.106)

Chapter 12.12 - MAPS—GENERAL PROCEDURAL REQUIREMENTS

Sections:

12.12.010 - General requirement.

The requirements for tentative, final, and parcel maps are governed by this chapter.

If there is an approved tentative map, a subdivider may not submit another tentative subdivision map application for the same parcel without either: (1) withdrawing the approved tentative map in writing, or (2) providing a written agreement agreeing that a written withdrawal of the first tentative map will be submitted before a final map on the second proposal is approved. An exception may be approved if the second application is only necessary for the financing of public improvements.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.101)

12.12.020 - Summary of types of maps.

(a)

Tentative subdivision map and final map. A tentative subdivision map and final map are required when the Department determines that a proposed subdivision creates five (5) or more parcels, or five (5) or more condominiums, parcels in a community apartment project, or dwelling units in a stock cooperative, except where:

(1)

The land before division contains fewer than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

(2)

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(3)

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 zoned for industrial or commercial development, and which has the approval of the City Council as to street alignments and widths; or

(4)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

A tentative parcel map and parcel map (or final map, if requested by the property owner) are required for those subdivisions described in paragraphs (1), (2), (3) and (4) above.

(b)

Tentative parcel map and parcel map. A tentative parcel map and parcel map are required for all divisions of land into four (4) or fewer parcels, except that maps are not required for:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days, notice in writing;

(2)

Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subsection, land conveyed to or from a governmental agency includes a fee interest, an easement or a license;

(3)

A lot line adjustments, in conformance with Sections 12.04.070 and 12.04.080;

(4)

A tentative parcel map waived by the City Engineer as provided in Section 12.04.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.102)

12.12.030 - Designated remainder.

(a)

A subdivider may designate as a remainder, or omit entirely, that portion of land which is not divided for the purpose of sale, lease or financing.

(b)

If the subdivider elects to designate a remainder, the following requirements apply:

(1)

The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final subdivision map is required.

(2)

For a designated remainder parcel, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, is not required until:

(i)

A permit or other grant of approval for development of the remainder parcel is issued by the City; or

(ii)

The construction of the improvements, including the payment of fees associated with any deferred improvements, is required under an agreement between the subdivider and the City; or

(iii)

The City makes a finding that fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, is necessary for reasons of: (a) the public health and safety; or (b) the required construction is a necessary prerequisite to the orderly development of the surrounding area. (This subdivision 3 applies within any reasonable time following approval of the final map and before the issuance of a permit or other grant of approval for the development of a remainder parcel.)

When fulfillment of the construction requirements is to be delayed, the subdivider shall record a declaration of restrictions approved by the City Attorney, or an agreement with the City, stating: (1) what the required improvements are; and (2) that the subdivider or a successor owner is required to complete them all before the City will grant a permit or other approval for development. (See Section 12.26.030.)

(c)

If the subdivider elects to omit all or a portion of the land, all of the requirements of subsection (b) above apply to the omitted parcel.

(d)

The provisions of subsections (b) and (c) for deferral of the payment of fees associated with any deferred improvements do not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or a community facilities district.

(e)

If a designated remainder or any omitted parcel is subsequently sold, the subdivider or the owner must obtain a certificate of compliance or conditional certificate of compliance.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-3.103)