Chapter 16.010 — GENERAL PROVISIONS

The provisions of Title 16 shall be known as the "Subdivision and Land Development Ordinance of the city of Brentwood" and may be referred to herein by such title or as the "subdivision regulations," the "subdivision ordinance," "this ordinance" or as "this title." (Ord. 471 § 3, 1990)

Title 16 is adopted pursuant to Division 2 of the Government Code of the state of California, The Subdivision Map Act, hereinafter to be called the "Map Act," which act vests the city with the responsibility of regulating and controlling subdivisions and requires the adoption of an ordinance for this purpose.

(Ord. 471 § 3, 1990)

It shall be the purpose of the subdivision ordinance to implement and supplement the Map Act through the adoption of local procedures and regulations for the subdivision and/or development of land.

(Ord. 471 § 3, 1990)

It shall be the purpose of this title only to set forth or highlight those provisions of the Map Act that are necessary to carry out its purpose and to inform the general public as to local procedures and requirements. The Map Act must be consulted to be completely informed on the subdivision process.

(Ord. 471 § 3, 1990)

• A. Generally. Prior to the division of any land in the city the subdivider thereof shall conform to and comply with the requirements, rules and regulations of this title and of the Map Act.

• B. State Subdivision Map Act to Prevail. In the event of conflict of this title with the Map Act or in the event of the accidental or purposeful omission of provisions of said Map Act or in the event of subsequent amendment of said Map Act the provisions of the Map Act shall prevail.

• C. Exclusions.

  1. This title shall not be applicable to those divisions of land or space cited in Sections 66412 through 66413 of the Map Act.

  2. A parcel map shall not be required for any of the following:

     • a. For subdivision of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which

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City of Brentwood, CA § 16.010.050

SUBDIVISIONS AND LAND DEVELOPMENT

• b. The conveyance of land to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

• (Ord. 471 § 3, 1990)

The planning commission is empowered to approve, conditionally approve or deny tentative maps, and has all the related powers and duties under the Map Act and this title. However, when a subdivision is combined with an application requiring legislative action (such as a zoning amendment, general plan amendment, exception under general plan density transition policy LU2a, or development agreement), the planning commission's action will be advisory to the city council, which becomes the decision maker.

(Ord. 471 § 3, 1990; Ord. 976 § 4, 2016)

• A. Unless otherwise provided by State Code, notice of a hearing held pursuant to this title shall be given pursuant to Sections 65090 and 65091 of the Government Code.

• B. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by the local agency by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this subsection may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail.

• C. Fees shall be collected from the subdivider for expenses incurred under this section.

• D. Any interested person may appear at the hearing and shall be heard. (Ord. 471 § 3, 1990)

In no case shall the city accept for filing any map for subdivision which is not in conformance with this title or with the city zoning ordinance, the community development plan, any applicable specific plan or any other ordinance or plan regulating the subdivision and development of land in the city except that an amendment to any ordinance or plan may be submitted for concurrent consideration with the map.

(Ord. 471 § 3, 1990)

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City of Brentwood, CA

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.020.010

§ 16.020.030