§ 16.08

Prior to filing an official application for a tentative subdivision map for any subdivision for which a final map is required, the subdivider will submit data to the city for a pre-filing conference. The material to be submitted will include, but not be limited to, those items listed on the "pre-filing submittal list", compiled and published separately.

(Ord. 235, 1987)

In order to ensure that all essential elements of the proposed subdivision are addressed and coordinated, the city planning staff will arrange and conduct a pre-filing conference (or conferences as required) on the data submitted with representation from the Planning Commission, the subdividers, and other agencies that may be affected. The purpose of the conference(s) is to obtain early comments and input from all interested parties at the staff level that would facilitate the efficient handling of the tentative map application. The planning staff will prepare a written report of all findings of this review within fifteen (15) days from the date of the conference and furnish a copy to the subdivider for his use in preparing his applications for a tentative map.

(Ord. 235, 1987)

Tentative maps will be filed with the city clerk as prescribed in Section 66452 et seq. of the Government Code and in this title. The form and format will conform to the guidelines on file at the city offices. The tentative map, having been accepted by the city clerk, will be referred to the city and the Planning Commission for consideration and appropriate action which may include rejection of the map if the Planning Commission determines that the map is incomplete.

(Ord. 235, 1987)

Vesting tentative maps will be prepared and filed with the city clerk as prescribed in Section 66452 et seq. of the Government Code and ordinance 227, that such additional information as shown on the "requirements for filing of vesting map" form found on file in the city offices.

(Ord. 235, 1987)

The design of a subdivision for which a tentative map is required pursuant to this title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provisions shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. 235, 1987)

The design of a subdivision for which a tentative map is required pursuant to this title shall provide for the availability of individual household telephone systems to each residential parcel in the subdivision.

(Ord. 235, 1987)

The planning staff will review the tentative map as submitted in light of the considerations proposed in connection with the pre-filing conference and will coordinate with all affected and interested agencies in accordance with Section 66453 et seq. of the Government Code. Any report or recommendation made by the planning staff to the Planning Commission or the City Council shall be in writing and a copy provided the subdivider at least three (3) days prior to any hearing or action taken on the map by the commission or council.

(Ord. 235, 1987)

The Planning Commission shall approve, conditionally approve, or deny the tentative map within fifty (50) days after the tentative map has been accepted as complete by the Community Development Director (unless an extension is consented to by the subdivider), and shall notify the subdivider of its action. If an environmental impact report is prepared for the tentative map, the fifty (50) day period specified in this section shall not be applicable and the Planning Commission shall render its decision required by this section within forty-five (45) days after certification of the environmental impact report.

A.

Approval. In approving or conditionally approving the tentative subdivision map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is

consistent with applicable general or specific plans of the city and conforms to the applicable zoning regulations. The Planning Commission may modify or delete any of the conditions of approval recommended in the planning staff's report, except conditions required by city ordinance, or add additional requirements as condition of its approval.

B.

Denial. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

1.

That the proposed map (including the proposed subdivision's design or improvements) is not consistent with applicable general and specific plans;

2.

That the proposed subdivision does not conform to the applicable zoning regulations;

3.

That the site is not physically suitable for the proposed density of development;

4.

That the site is not physically suitable for the type of development;

5.

That the design of the subdivision or the type of improvements are likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

6.

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

(Ord. 325, 1996)

If no action is taken by the Planning Commission within the authorized time limits as extended, the tentative map shall be considered approved as filed, insofar as it does not conflict with appropriate laws and regulations and it shall be so certified by the city clerk.

(Ord. 235, 1987)

16.08.028 - Appeal of Action of Planning Commission.

A.

The subdivider, or any interested person, may appeal any action of the Planning Commission with respect to the tentative map to the City Council. The appeal procedure will comply with Sections 66452.5, 66473 and 66474 of the Government Code and will be conducted generally as follows.

1.

By Subdivider. If the subdivider disagrees with any action taken by the Planning Commission with respect to the tentative subdivision map, he may, within ten (10) days of such decision, file an appeal with the city clerk. The City Council shall consider the appeal within thirty (30) days, unless the subdivider consents to a continuance. This appeal shall be a hearing with notice to the subdivider and Planning Commission. Upon conclusion of the hearing, the City Council shall, within ten (10) days, declare its findings. The City Council

may sustain, modify, act or overrule any recommendation or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this title or the Subdivision Map Act. The fee for such appeal shall be fixed from time to time by City Council resolution.

2.

By Interested Person(s). Any interested person may file a complaint with the city clerk concerning a Planning Commission decision. Any such complaint shall be filed with the city clerk within ten (10) days after the action which is the subject of complaint. The hearing shall be held within thirty (30) days after the filing of the complaint with notice being given to affected parties. The fee for filing such complaints shall be the same fee as an appeal and fixed from time to time by City Council resolution.

B.

Within seven (7) days following the conclusion of said hearing, the City Council shall declare its findings based upon testimony and documents produced before it or before the City Council. It may sustain, modify, reject or overrule any recommendation or rulings of the Planning Commission within seven (7) days following the conclusion of said hearing.

C.

Notice of each hearing provided for in this section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three (3) days prior to any such hearing. The notice requirement of this section shall be deemed satisfied if the notice complies with the legal requirements for service by mail.

(Ord. 235, 1987)

A.

An approved or conditionally approved tentative map shall expire thirty-six (36) months after its approval or conditional approval. However, if the subdivider is subject to a requirement of one hundred thousand dollars ($100,000.00) or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved or conditionally approved tentative map by thirty-six (36) months from the date of its expiration as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten (10) years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the Planning Commission at the time of the approval or conditional approval of the tentative map.

"Public Improvements," as used in this section, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B.

The period of time specified in subdivision shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided however, that the length of the moratorium does not exceed five (5) years.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

C.

The period of time specified in Section 16.08.029.A, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the City Council pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the City Council for a stay pursuant to the city's adopted procedures. Within forty (40) days after receiving the application, the City Council shall either stay the time period for up to five (5) years or deny the requested stay.

D.

The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map.

E.

For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium is deemed to exist for purposes of this section for any period of time during which a condition imposed by the city could not be satisfied because the condition was one which, by its nature, necessitated or by its own action or inaction was prevented or delayed in taking the necessary action prior to expiration of the tentative map.

(Ord. 235, 1987)

16.08.030 - Notice of Proposed Conversion to Prospective Tenants.

A.

Commencing at a date not less than sixty (60) days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code, the subdivider or his or her agent shall give notice of such filing, to prospective tenants in the manner and form specified in Section 66452.8 of the Government Code.

B.

The penalties for failure to notify prospective tenants specified in Subdivision (C) of Section 66452.8 of the Government Code shall be one thousand dollars ($1,000.00) for moving expenses and one thousand dollars ($1,000.00) for the first month's rent.

(Ord. 235, 1987)

16.08.031 - Notice of Filing Tentative Map to Existing Tenants.

Pursuant to the provisions of subdivision (a) of Section 66427.1 of the Government Code, the subdivider shall give notice sixty (60) days prior to filing of a tentative map pursuant to Section 66452 of the Government Code in the manner and form specified in Section 66452.9 of the Government Code.

(Ord. 235, 1987)

A stock cooperative, as defined in Section 11003.2 of the business and Professions Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, shall not be converted to a condominium, as defined in Section 783 of the Civil Code, unless the required number of owners in the cooperative or project, as specified in the by laws, or other organizational documents, have voted in favor of such conversion. If the bylaws or other organizational documents, do not expressly specify the number of votes required to approve such a conversion, a majority vote of the owners in the cooperative or project shall be required. The provisions of Section 66499.31 of the Government Code, shall not apply to a violation of this section.

(Ord. 235, 1987)

Notwithstanding any other provision of this title, the Planning Commission may, upon application by a subdivider, in connection with the approval of a tentative of final map for the proposed construction of a condominium development, which requires the obtaining of a tentative or final map, enter into a binding agreement with the subdivider mandating that the units be first made available for rental housing in accordance with the requirements of Section 66452.50 of the Government Code.

(Ord. 235, 1987)

16.08.034 - Notice of Conversion to Prospective Tenants.

Prior to the acceptance of any rent or deposit from a prospective tenant, the following notice shall be provided:

To the prospective occupant(s) of:

---

(address)

The owner(s) of this building at (address) have received approval for a tentative map from the City of Clayton to convert this building to a (condominium, community apartment, or stock cooperative), no sooner than (date). You will be notified at least one hundred eighty (180) days prior to the actual conversion. Further, if you still reside in your unit, you will be given an exclusive right to purchase your unit.

---

(signature of owner or owner's agent)

---

(dated)

I have received this notice on ___________

---

(prospective tenant's signature)

(Ord. 235, 1987)

16.08.035 - Unincorporated Territory.

Any subdivider may file with a city the tentative map of a proposed subdivision of unincorporated territory adjacent to such city. The map, on the discretion of the city, may be acted upon in the manner provided in Section 66452 of the Government Code, except that it if is approved, such approval shall be conditioned upon annexation of the property to city within a specified period of time, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map unless annexation thereof is completed prior to the approval of the final map.

(Ord. 235, 1987)

After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map.

(Ord. 235, 1987)

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if: (a) the subdivider, at the time the tentative map is filed, informs the Planning Commission of the subdivider's intention to file multiple final maps on such tentative map, or (b) after filing of the tentative map, the city and the subdivider concur in the filing of multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map. The right of the subdivider to file multiple final maps shall not limit the authority of the local agency to impose reasonable conditions relating to the filing of multiple final maps.

(Ord. 235, 1987)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor based upon a survey and in accordance with the Map Act and this title.

(Ord. 235, 1987)

Prior to filing the final map the certificates and acknowledgements required by the Map Act and this title to be made by the Subdivider must be accomplished and appear on the final map. In addition to the certificates required by the Map Act, the following certificates shall appear on the final map:

A.

Certificate of Soils Report. A certification signed, stamped and dated by a soils engineer shall appear on the map. The certificate shall read, "soil report for Subdivision No.___ was prepared by me or under my direction and was filed with the City on ___ (date).

B.

County Recorder's Certificate. A certificate to be executed by the county recorder stating that the map has been accepted for filing; that the map has been examined and that it complies with the provisions of state laws and local ordinances governing the filing of final maps. The certificate shall show who requested the filing of the map, the time and date the map was filed and the book and page where the map was filed.

C.

County Clerk's Certificate. A certificate to be executed by the county clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien, but not yet payable has been filed with the county.

(Ord. 235, 1987)

The city clerk will receive the final map and after ascertaining that all documents, plans, reports and certificates are present, will accept it on behalf of the City Council. Upon acceptance, the city engineer and the planning staff will immediately conduct a review and analysis of the final map and will submit a written report of their findings to the City Council along with their recommendations of council action. Copies of the written reports and actions taken will be furnished to the subdivider by the city clerk.

(Ord. 235,1987)

A.

The City Council shall, at the meeting at which it received the map, or at the next regular meeting, after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this title and all ordinances applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the map.

B.

If at the time of approval of the final map by the City Council any public improvements required pursuant to the provisions of this title or other ordinances have not been completed and accepted in accordance with standards established at the time of the approval or conditional approval of the tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements:

1.

An agreement upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense;

2.

An agreement to thereafter initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or if not completed under such special assessment act, to complete such improvements at the subdivider's expense. The city shall have the power to utilize the Mello Roos Community Service Act as described in Chapter 1102, Government Code 66462.

C.

The City Council, upon entering into an agreement pursuant to this title, shall require that performance of such agreement be guaranteed by the security specified in Chapter 16.14 of this code.

(Ord. 235, 1987)

The city shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition which required the subdivider to construct or install off-site improvements on land in which neither the subdivider or the city has sufficient title or interest, including as easement or license, at the time the final map is filed with the city, to permit the improvements to be made. In such cases, the city, shall, within one hundred twenty (120) days of the filing of the final map, pursuant to Section 66457, acquire by negotiation or commence proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title. In the event the city fails to meet the one hundred twenty (120) day time limitation, the condition for construction of offsite improvements shall be conclusively deemed to be waived. Prior to approval of the final map, the city may require the subdivider to enter into an agreement to complete the improvements pursuant to Section 66462 at such time as the city acquires an interest in the land which will permit the improvement to be made.

Nothing in this section precludes a city, county, or city and county from requiring a subdivider to pay the cost of acquiring offsite real property interests required in connection with a subdivision.

"Offsite improvements," as used in this section, does not include improvements which are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.

(Ord. 235, 1987)

If the City Council does not approve or disapprove the final map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the city clerk shall certify its approval thereon.

(Ord. 235, 1987)

After the approval by the City Council of a final map of a subdivision, the city clerk shall transmit the map to the clerk of the county board of supervisors for ultimate transmittal to the county recorder. It is the responsibility of the subdivider to satisfy the requirements of the Map Act contained in Section 66464 and 66465 of the Government Code.

(Ord. 235, 1987)

16.08.045 - Validity of Map.

The filing for record of the final map by the county recorder shall automatically and finally determine the validity of the map.

(Ord. 235, 1987)

After a final map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map in accordance with Section 66469 through 66472 of the Government Code.

(Ord. 235, 1987)

In addition to the amendments authorized by Section 66469 of the Government Code, after a final map or parcel map is filed in the office of the county recorder, such a recorded final map may be modified by a certificate of correction or an amending map, if the Planning Commission finds that there are changes in the circumstances which make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title, or interest in the real property reflected on the recorded map, and conforms to the provisions of Section 66474 of the Government Code. Upon approval by the Planning Commission such modifications shall be set for public hearing as provided in Chapter 16.08.039 of this title. The City Council shall confine the hearing to consideration of and action on the proposed modification.

(Ord. 235, 1987)

Chapter 16.10 - PARCEL MAPS APPLICATION PROCEDURES

Sections: