Chapter 10.04 — ADMINISTRATION

Sections: 10.04.010 Purpose. 10.04.020 Responsibilities. 10.04.030 Procedures. 10.04.040 Application Processing. 10.04.050 Interpretation. 10.04.060 Enforcement. 10.04.070 Certificate of Compliance. 10.04.080 Definitions of Specific Terms.

The purpose of this Chapter is to establish the administration of this Title and to set forth the basic responsibilities of the officials and bodies charged with its administration. Further, this Chapter specifies the authority and procedures for clarifying any ambiguity in the regulations of this Chapter in order to ensure consistent interpretation and application of this Chapter.

Except as expressly provided otherwise in this Chapter, the responsibility for actions taken under this Chapter shall be as stated below and summarized in Table 10.04.020-1, “Approving Authority”, of this Section. A. City Council: The city council shall be responsible for:

1. The approval or denial of final maps and parcel maps.
2. The acceptance, acceptance subject to improvement, or rejection of offers of dedications shown on final and parcel maps.
3. The approval, conditional approval, or denial of reversions to acreage.
4. Acting as the appeal board for hearing appeals of the planning director and planning commission actions as provided in this Chapter. B. Planning Commission: The planning commission shall be responsible for:
5. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into five (5) or more parcels (tentative subdivision maps).
6. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into four (4) or fewer parcels (tentative parcel maps) where a tentative map is required by this Chapter.

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June 2023 3. The approval or denial of requests for extensions of time for tentative maps subject to the provisions of Subdivision Map Act Section 66452.6. 4. Acting as the appeal board for hearing appeals of planning director actions as provided in this Chapter. C. Planning Director: The planning director shall be responsible for:

1. The approval, conditional approval, or denial of lot line adjustments and certificates of compliance.
2. The approval or denial of mergers of contiguous parcels under common ownership without reversion under Chapter 10.18, “Voluntary Parcel Merger”.
3. The waiver of the requirement to file a parcel map.
4. The ministerial approval or denial of urban lot split parcel maps under Chapter 10.22, “Urban Lot Split Parcel Map”.
5. In conjunction with the public works director and city engineer, recommending approval, conditional approval, or disapproval of the design of proposed subdivisions, and the kinds, nature, and extent of on-site and off-site improvements required in connection therewith to the planning commission and/or the city council.
6. Reporting on land use matters related to proposed subdivisions to the planning commission and/or city council, including, but not limited to, consistency with the city general plan and the zoning ordinance (Title 9 of the Municipal Code).
7. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land to the planning commission and/or the city council.
8. Reviewing and making recommendations concerning proposed subdivisions in the unincorporated territory of the County of Kings that are within the City of Avenal’s sphere of influence in accordance with Subdivision Map Act Section 66453 when the planning director has elected to do so. D. Public Works Director: The public works director shall be responsible for:
9. Conducting investigations and reporting on the design and improvement of all proposed subdivisions and making recommendations thereon to the planning director, the planning commission, and the city council.
10. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land, and requests for extensions of time for tentative maps based upon the requirements of this Chapter, the Subdivision Map Act, Title 9 of the Municipal Code, the general plan, or the standards, rules, or regulations adopted by the city pursuant to this Chapter.
11. Such additional powers and duties as prescribed by law and by this Chapter. E. City Engineer: The city engineer (or, as required by law, the city surveyor) shall be responsible for:

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1. Reviewing tentative, final, and parcel maps for compliance with the standards of this Chapter, the Subdivision Map Act, and other local or state laws and providing a recommendation on such matters to the public works director and planning director.
2. Investigating requests for and recommending action on certificates of compliance as provided in Section 66499.35 of the Subdivision Map Act.
3. Completing those certificates on final and parcel maps as required by this Chapter and the Subdivision Map Act.
4. All other duties as prescribed by the Subdivision Map Act, including, but not limited to, Section 66416.5. TABLE 10.04.020-1 APPROVING AUTHORITY R Symbolizes the “recommending body” F Symbolizes the “decision-making body” A Symbolizes the “appeal authority”

Type of Decision Designated Approval Authority

City Engineer/ Surveyor Public Works Director Planning Director Planning Commission City Council Administrative decisions:

Urban lot split parcel map F

R A1

Certificates of compliance R

F A A Subdivision permits:

Voluntary parcel merger R R F A A Lot line adjustment R R F A A

1

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June 2023 Type of Decision Designated Approval Authority

City Engineer/ Surveyor Public Works Director Planning Director Planning Commission City Council Waiver of parcel map R R F A A Tentative subdivision map R R R F A Tentative parcel map
R R R F A Vesting tentative subdivision map R R R F A Requests for extension of tentative maps1 R R R F A Requests for amendment to conditions of approval1 R R R F A Reversion to acreage R R R

F Offers and recordation:

Offers of dedication R R

F Parcel map R R R

F Final map R R R

F Note:

1. Ministerial actions can only appeal statements of fact and not merits of the proposed subdivision
2. Requests for extension of tentative maps and amendments to conditions of approval shall be decided by the same authority that originally approved the permit.

A. Application: Application for subdivision permits and map approvals under this Chapter shall be submitted to the city as follows:

1. Applications for subdivision permits shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this Chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council.

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June 2023 2. Applications for final map, parcel map, and certificate of compliance shall be made to the planning director. The application shall be made on a form provided by the planning department and accompanied by those materials specified by this Chapter or as otherwise required by the city. The application shall also be accompanied by a fee as established by the city council. B. Concurrent Application with Planning Permits: Application for subdivision permits (lot line adjustment(s), tentative subdivision map(s), tentative parcel map(s), and vesting tentative map(s)) may be submitted concurrently with applications for planning permits as provided in Title 9, “Zoning Ordinance”, of the Municipal Code. When a proposed project requires more than one permit with more than one approving authority as identified in this Chapter or in Title 9, “Zoning Ordinance”, of the Municipal Code, all project permits shall be processed concurrently, and final action shall be taken by the highest level designated approving authority for all such requested permits.

Unless otherwise provided for in this Chapter, applications for subdivision permits and decisions shall be processed as follows: A. Application and Fee: Applications for subdivision permits and decisions shall be made to the city on a form provided by the city, accompanied by those materials specified in this Chapter or as otherwise required by the city, along with a filing fee as established by resolution of the city council. B. Determination of Completeness: Applications for subdivision permits and decisions shall be reviewed for completeness as follows.

1. Application Completeness with Notification: Within 30 days of application submittal to the planning department, the planning director shall determine whether or not the application is complete. The planning director shall notify the applicant of the determination either that: a. All the submittal requirements have been satisfied and the application has been accepted as complete. b. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements.
2. Application Completeness without Notification: If the written determination is not made within 30 days after receipt of the application and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this Chapter.
3. Resubmittal: Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined and noticed as specified in subsection B1 of this Section.

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June 2023 4. Incomplete Application: If additional information or submittals are required and the application is not made complete within six (6) months of the completeness determination letter, the application shall be deemed by the city to have been withdrawn, and no action will be taken on the application. Unexpended fees, as determined by the city, will be returned to the applicant. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this Chapter. 5. Right to Appeal: The applicant may appeal the determination in accordance with subsection E, “Appeals”, of this Section. C. Application Review and Report: Unless otherwise provided for in this Chapter, applications for subdivision permits and decisions shall be reviewed, and a report prepared, as follows.

1. Project Routing: Upon acceptance of the application, the planning director shall forward copies of the application to affected agencies within five (5) days asking them to provide their input or comments within 15 working days.
2. Environmental Review: After determination of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) to determine whether the project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration or mitigated negative declaration may be issued, or whether an environmental impact report (EIR) shall be required.
3. Application Review: The planning director, in conjunction with the public works director, city engineer, and other agencies, shall review all applications to determine compliance with provisions of this Chapter and other applicable city regulations (e.g., zoning ordinance, general plan). The project review will include any required environmental review as required by CEQA. Pursuant to Section 66452.1 of the Subdivision Map Act, and unless extended by mutual consent of the subdivider and the city, the designated approving authority shall make a decision on the tentative map within 50 days of adopting or certifying the environmental determination for the project.
4. Staff Report: When this Chapter requires planning commission or city council action, the planning director shall provide a written recommendation to the designated approving authority to either approve, conditionally approve, or deny the application. The staff report may be amended as necessary at any time prior to the hearing to address issues or information not reasonably known at the time the report is due.
5. Report Distribution: Each staff report shall be furnished to the applicant and property owner at the same time as it is provided to the designated approving authority prior to consideration of the requested approval. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, pursuant to Section 66452.3 of the Subdivision Map Act, the report shall also be provided to the tenants of the subject property at least three (3) days prior to any hearing or action on such map. D. Public Hearing and Public Notice: Where this Chapter or the Subdivision Map Act requires a public hearing by the designated approving authority prior to making a decision on an

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June 2023 application for a subdivision permit or decision, a public hearing shall be held, and public notice provided, as described below.

1. Notice of Hearing: Pursuant to California Government Code Section 65091, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and include a general explanation of the matter to be considered and a general description of the real property (text or diagram), if any, which is the subject of the hearing. a. Notice of the public hearing shall be published in at least one newspaper of general circulation in the city. b. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose that last known name and address of such owners as shown upon the current tax assessor’s records. If the number of owners exceeds 1,000, the city may, in lieu of mailed notice, provide notice by placing notice of at least one-eighth (1/8) page in one newspaper of general circulation within the city. c. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent. d. Notice of the public hearing shall be provided to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential functions or services to the project whose ability to provide those facilities and services may be significantly affected. e. Notice of the public hearing shall be posted at city hall.
2. Requests for Notification: Any person who requests to be on a mailing list for notice of hearing for a development project or projects shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification.
3. Failure to Receive Notice: Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Chapter shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.
4. Hearing Procedure: Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The designated approving authority shall conduct the public hearing and hear testimony. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued. If the hearing is not continued to a specific date/time, then the hearing shall be noticed again. E. Appeals: Decisions of the designated approving authority may be appealed as provided below.

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1. Appeal Applicability and Authority: Any person dissatisfied with a determination or action of the planning director or planning commission made pursuant to this Chapter may appeal such action to the designated appeal authority listed in table 10.04.020-1, “Approving Authority”, of this Section, within 10 days from the date of the action, or as otherwise provided by this Chapter or the Subdivision Map Act. Actions by the city council are final, and no further administrative appeals are available.
2. Filing an Appeal: All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made, or as otherwise provided by this Chapter or the Subdivision Map Act. The appeal shall be accompanied by a filing fee established by resolution of the city council. The appeal shall be submitted to the city clerk. The filing of an appeal shall stay the issuance of any necessary subsequent permit(s) associated with any right or entitlement that will be subject of the appeal (e.g., building permits).
3. Notice and Schedule of Appeal Hearings: Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 45 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of subsection D, “Public Hearing And Public Notice”, of this Section.
4. Appeal Hearing and Action: Each appeal shall be considered a de novo (new) hearing, and the appeal authority may reverse, modify, or affirm the decision of the approving authority in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the approving authority for further action. The action of the appeal authority is final on the date of decision and, unless expressly provided by this Title, may not be further appealed. A person may seek judicial review of a final decision of the City in accordance with applicable sections of the California Government Code or Code of Civil Procedures. F. Effective Date: Decisions on subdivision permits shall become effective on the 11th day after the date of action, immediately following expiration of the 10-day appeal period. All other decisions shall become effective upon approval.

If ambiguity arises concerning the meaning or applicability of the provisions of this Chapter, it shall be the responsibility of the planning director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this Section. A. Rules of Interpretation:

1. Terminology: When used in this Chapter, the following rules apply to all provisions of this Title:

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June 2023 a. Language: The words “shall”, “must”, “will”, “is to”, and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive. b. Tense and Number: The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular unless the natural construction of the words indicates otherwise. c. Conjunctions: “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either...or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including, but not limited to”. 2. Number of Days: Whenever the number of days is specified in this Chapter, or in any permit, condition of approval, or notice issued or given as provided in this Chapter, the number of days shall be construed as calendar days unless otherwise noted. When the last of the specified number of days falls on a weekend or city holiday, time limits shall extend to the end of the next working day. 3. Minimum Requirements: When interpreting and applying the regulations of this Chapter, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. B. Record of Interpretation: Whenever the planning director determines that an ambiguity in a subdivision regulation exists or when an applicant requests an interpretation based on his or her judgment or understanding of this Chapter, the planning director shall issue an official interpretation.
C. Appeals: Interpretations made by the planning director and/or City Engineer may be appealed to the Planning Commission pursuant to Section 10.04.040.E.

A. Generally: Except as otherwise provided herein, the planning director, public works director, and city engineer are authorized and directed to enforce the provisions of this Title and the Subdivision Map Act for subdivisions within the city. The city attorney is authorized on behalf of the City of Avenal to file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act, this Title, or the conditions and term of approvals granted thereunder. B. Illegal Subdivisions: No board, commission, officer, or employee of the city shall issue any certificate or permit or grant any approval necessary to develop any real property within the city that has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this Title. C. Whenever the city has knowledge that real property has been divided in violation of the Subdivision Map Act or this Title, the city engineer shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that Section.

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A. Purpose: This Section describes the procedures and processing for certificates of compliance, consistent with the requirements of Section 66499.35 of the Subdivision Map Act. B. Applicability: A certificate of compliance is a document, recorded by the county recorder, which acknowledges that a parcel or lot of real property (hereinafter parcel) is considered by the city to be a legal parcel or lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance from the city. C. Application: A certificate of compliance application shall be made on a form provided by the planning department and submitted to the department. The form shall be accompanied by an application deposit or fee as established by resolution of the city council. The application shall also include a chain of title, consisting of copies of deeds beginning before the division of the property and running through to the time of application for the certificate of compliance unless the parcel(s) in question was created through a recorded subdivision map. D. City Review and Action: The application for certificate of compliance shall be reviewed and acted upon as provided below.

1. Planning Director Review: The planning director, in consultation with the city engineer, shall review the request and make a determination on the application as follows: a. If the planning director makes a determination that the parcel(s) complies with the Subdivision Map Act and this Title, the planning director shall cause a certificate of compliance to be filed for record with the county recorder. The form of the certificate shall be as described below. b. If the planning director determines that the parcel(s) does not comply with the provisions of the Subdivision Map Act or this Title, the planning director shall issue a conditional certificate of compliance. The city may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired their interest in the property and that had been established at that time by the Subdivision Map Act and this Title. Upon making a determination and establishing conditions, the planning director shall file a conditional certificate of compliance for record with the county recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee to assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the city.
2. Form of Certificate: The certificate of compliance shall identify the property, shall state that the division complies with the provisions of the Subdivision Map Act and this Title, and shall include all information required under Section 66499.35 of the Subdivision Map Act.

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June 2023 3. Effective Date: A certificate of compliance shall not become final until the document has been recorded by the county recorder. 4. Recorded Final Map or Parcel Map: A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described in the final or parcel map.

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