Concord Municipal Code Art. II Administration and Common Procedures

This article describes the role of the City Engineer, Community and Economic Development Department, Design Review Board, Zoning Administrator, Planning Commission, City Council, and City Attorney in the administration of this title.

(a) Review authority. Table 17.05-1 identifies the review authority for subdivision maps and other approvals required by this title.

(b) City Engineer.

(1) The responsibilities of the City Engineer include the following:

a. Serving as the decision-making authority on approvals as listed in Table 17.05-1.

b. Making recommendations to the Zoning Administrator, Planning Commission, or City Council on approvals as listed in Table 17.05-1.

c. Establishing subdivision design and construction details, standards, and specifications.

d. Determining if proposed subdivision improvements comply with this title, the Map Act, and conditions of approval.

e. The inspection and approval of subdivision improvements.

Table 17.05-1: Review Authority

f. Accepting dedications and improvements for minor subdivisions and off-site dedications lying outside a subdivision boundary that require a separate grant deed.

g. Processing applications and collecting fees and deposits for materials requiring approval of the City Engineer, Zoning Administrator, Planning Commission, or City Council.

(2) When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer’s behalf.

(c) Community and Economic Development Department. The responsibilities of the Community and Economic Development Department include the following:

(1) Processing applications and collecting fees and deposits for approvals required by this title and other city codes and ordinances.

(2) Reviewing applications for compliance with city requirements.

(3) Verifying that all subdivisions and other approvals required by this title comply with the general plan, Development Code, and applicable specific plans.

(4) Ensuring that subdivision maps and the city’s review process complies with the Map Act and other legal requirements.

(5) Completing environmental review of proposed subdivisions as required by the California Environmental Quality Act (CEQA).

(6) Ensuring that public notice and hearing for proposed subdivisions is given in accordance with this title and applicable state laws and other city codes and ordinances.

(7) Completing other tasks in the administration of this title as assigned by the City Engineer, Design Review Board, Zoning Administrator, Planning Commission, and City Council.

(d) Design Review Board. The Design Review Board is responsible for providing recommendations on the design of proposed subdivisions subject to design and site review in accordance with Chapter 18.415 (Design and Site Review).

(e) Zoning Administrator.

(1) The responsibilities of the Zoning Administrator include the following:

a. Serving as the decision-making authority on approvals as listed in Table 17.05-1.

b. Making a recommendation to the City Engineer, Planning Commission, or City Council on approvals as listed in Table 17.05-1.

(2) When necessary to carry out the responsibilities above, the Zoning Administrator may designate and authorize a representative to act on the Zoning Administrator’s behalf.

(f) Planning Commission. The responsibilities of the Planning Commission include the following:

(1) Serving as the decision-making authority on approvals as listed in Table 17.05-1.

(2) Serving as the appeal body for decisions of the Zoning Administrator and City Engineer as shown in Table 17.05-1.

(g) City Council. The responsibilities of the City Council include the following:

(1) Serving as the decision-making authority on approvals as listed in Table 17.05-1.

(2) Accepting dedications and reservations for major subdivisions.

(3) Serving as the appeal body for decisions of the Planning Commission and City Engineer as shown in Table 17.05-1.

(h) City Attorney. The responsibilities of the City Attorney include reviewing and approving as to form all:

(1) Subdivision improvement agreements; improvement securities; maintenance agreements; and covenants, conditions, and restrictions (CC&Rs).

(2) Governing documents for condominiums.

(3) Dedication instruments separate from a final map.

(4) Other miscellaneous agreements and instruments related to the subdivision of land.

(Ord. No. 17-9 (Exh. A))

The Community and Economic Development Department has the authority to interpret any provision of this title or its application to a specific property. Whenever the Department determines that the meaning or applicability of a requirement is subject to interpretation, the Department may issue an official interpretation. The Department may also refer any issues of interpretation to the Planning Commission for their determination. The Department shall keep a record of interpretations made in compliance with this section, which shall be available for public review.

(Ord. No. 17-9 (Exh. A))

This section establishes procedures for the preparation, filing, and processing of applications for approvals required by this title.

(a) Application preparation and filing.

(1) Application contents.

a. All applications shall be filed with the Community and Economic Development Department on an official city application form.

b. Applications shall be filed with all required fees, information, and materials as specified by the Community and Economic Development Department.

(2) Eligibility for filing.

a. An application may only be filed by the property owner or the property owner’s authorized agent.

b. The application shall be signed by the property owner or the property owner’s authorized agent if written authorization from the owner is filed concurrently with the application.

(b) Application fees and deposits.

(1) Requirement of payment.

a. The city may begin processing the application only after all required fees have been paid.

b. Failure to pay any required supplemental application fees is a basis for denial or revocation of an application.

(2) Refunds and withdrawals.

a. Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in reviewing and processing applications. Consequently, the city will not refund fees for a denied application.

b. In the case of an application withdrawal, the Community and Economic Development Director may authorize a partial refund of a deposit account based upon the prorated costs to date and the status of the application at the time of withdrawal.

c. Flat fees submitted in conjunction with an application are nonrefundable.

(c) Applications deemed withdrawn.

(1) Response required. If an applicant does not pay required supplemental fees or provide information requested in writing by the city within six months following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city.

(2) Resubmittal. After the expiration or withdrawal of an application, future city consideration shall require the submittal of a new complete application and associated filing fees.

(Ord. No. 17-9 (Exh. A))

When public notice and hearing is required by this title, such notice and hearing shall be given as specified in Chapter 18.500 (Public Hearings).

(Ord. No. 17-9 (Exh. A))

All decisions of the City Engineer, Design Review Board, Zoning Administrator, and Planning Commission as required by this title may be appealed or called up for review as specified in Chapter 18.510 (Appeals and Calls for Review).

(Ord. No. 17-9 (Exh. A))

(a) General. The city shall enforce this title in compliance with Government Code Sections 66499.30 through 66499.37 and Chapter 1.05 (General Provisions).

(b) Penalty for violation. Penalties for violation of this title include:

(1) Imprisonment and/or fine (Government Code Section 66499.31);

(2) Invalidation of conveyance (Government Code Section 66499.32);

(3) Other legal action (Government Code Section 66499.33);

(4) Denial of permits and approvals (Government Code Section 66499.34); and

(5) Conditions of approval (Government Code Section 66499.34).

(c) Notice of violation. If the city has knowledge that property may have been divided in violation of this title or the Map Act, the city shall conduct notice of violation proceedings in accordance with Government Code Section 66499.36.

(Ord. No. 17-9 (Exh. A))

(a) General.

(1) A property owner may request through a certificate of compliance a determination by the City Engineer that a parcel complies with this title and the Map Act.

(2) The city shall process and approve or deny an application for a certificate of compliance in compliance with this section and Government Code Sections 66499.34 and 66499.35.

(b) Application. An application for the approval of a certificate of compliance shall be filed with the City Engineer and include the information required by the City Engineer together with any required fee.

(c) City Engineer review and action.

(1) The City Engineer shall review the completed application in light of public records and applicable law.

(2) If the City Engineer is able to determine from this review that the parcel is in compliance with this title and the Map Act, a certificate of compliance shall be issued by the City Engineer and delivered to the County Recorder for recordation.

(3) If the City Engineer is unable to determine from this review that the parcel is in compliance, the procedures specified in Government Code Section 66499.35 shall apply.

(d) Effect. A certificate of compliance shall serve only to officially determine whether a parcel conforms to the requirements of this title and the Map Act and does not grant any right to develop the parcel.

(Ord. No. 17-9 (Exh. A))