§ 19.70

This Article shall be referred to as "the City's subdivision ordinance."

For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Act. California Government Code Sections 66410 et seq., also known as the Subdivision Map Act.

Advisory Agency. The City staff member or City policy-making or review authority responsible for acting on an application, as specified in Section 19.70.050 (Advisory Agency).

Certificate of Compliance; Conditional Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.) and this Article. A Conditional Certificate of Compliance includes any conditions that the City may impose upon the granting of the certificate requiring that specified terms be complied with before the subsequent issuance of a permit or other grant of approval for development of the property.

Development Code. The Development Code of the City specified in Municipal Code Title 19.

Environmental Analysis. An analysis conducted in compliance with the provisions of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq.

Final Map. A map showing a subdivision of parcels prepared in compliance with the provisions of this Article and the Subdivision Map Act (Government Code Sections 66410 et seq.) and in a manner to be filed

in the office of the County Recorder. The map may be either a final map or a final parcel map.

Lot Line Adjustment. The adjustment or relocation of any property line between two contiguous, legally created parcels. No lot line adjustment shall be allowed where the effect is to create additional parcels or delete a parcel.

Parcel Map. A map prepared for the purpose of dividing a legal parcel into four or fewer parcels and prepared in compliance with the provisions of this Article and the Subdivision Map Act (Government Code Sections 66410 et seq.) and in a manner to be recorded in the office of the County Recorder.

Parkway. That portion of a public right-of-way located between the outermost curb-lane driving lane and the farthest edge of the right-of-way.

Streets. The streets and roadways in the City are categorized into five functional classifications: Principal Arterial Interstate, Other Principal Arterial, Minor Arterial, Collector, and Local. These streets and roadways are classified by the Highway Performance Monitoring System (HPMS) and are described below.

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Principal Arterial Interstate. A Principal Arterial Interstate (functional classification code 11 from the HPMS) is a freeway that is included as part of the interstate highway system. It is a controlled access, divided highway that is intended to accommodate high-speed regional travel. Freeways have grade-separated interchanges that provide access from freeway to freeway or between freeways and the arterial street system.

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Other Principal Arterial. The Other Principal Arterial category (functional classification code 14 from the HPMS) is comparable to a major arterial roadway. It accommodates regional, subregional, and intercity travel and generally has four to six through travel lanes with a raised median and/or a center left-turn lane. While Other Principal Arterials accommodate through traffic, they also provide direct access to adjacent properties and intersecting streets. The right-of-way widths for Other Principal Arterial roadways in the City range from 80 to 108 feet, while the pavement widths range from 60 to 80 feet.

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Minor Arterial. A Minor Arterial (functional classification code 16 from the HPMS) is an arterial roadway that has less of a regional significance than Other Principal Arterial roadways. It accommodates subregional and intercity travel and generally has four to six through travel lanes with a raised median and/or a center leftturn lane. Minor Arterials accommodate through traffic while also providing direct access to adjacent properties and intersecting streets. The right-of-way widths for Minor Arterial roadways in the City range from 80 to 100 feet, while the pavement widths range from 60 to 80 feet.

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Collector. A Collector (functional classification code 17 from the HPMS) is a street that is intended to serve as an intermediate route to accommodate travel between local streets and arterial roadways and to provide access to the abutting properties. Collector streets generally have two travel lanes, although four lanes may

be provided at certain locations. The right-of-way width for collector streets in the City is typically 60 feet, while the pavement widths range from 35 to 52 feet.

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Local. A Local (functional classification code 19 from the HPMS) is a low speed street that is primarily intended to provide direct access to the abutting properties. Local streets generally have two travel lanes with parking along both sides of the street. The right-of-way widths for local streets in the City range from 50 to 60 feet, while the pavement widths range from 32 to 40 feet.

Subdivide. The act of dividing land in compliance with Government Code Section 66410 et seq. and shall also mean the act of constructing multi-unit residential developments within the City.

Subdivider. An association, corporation, firm, partnership, or person that proposes to divide, divides, or causes to be divided real property into a subdivision for that person/entity or others, except that employees and consultants of the person/entity, acting in the capacity, are not subdividers.

Subdivision. The parcel map so filed for approval or the proposed multi-unit residential development.

Subdivision Map Act (the Act). Government Code Sections 66410 et seq., as it may be replaced or amended from time to time, and referred to in this Article as the Act.

Tentative Map. A map showing the design and improvement of a proposed division of land and the existing conditions in and around it.

Vesting Tentative Map. A tentative map for any subdivision, which shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and which meets all of the requirements for a vesting tentative map as specified in the Act and this Article.

This Article is adopted in compliance with the Act as a "local ordinance," as the term is used in the Act. All provisions of the Act and future amendments to the Act not incorporated into this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

A.

Applicability of article.

1.

No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this Article and/or the Act, Government Code Sections 66410 et seq.

2.

This Article shall apply to all divisions of land, except those exempted by Government Code Sections 66412, 66412.1, 66412.2, and 66412.5.

3.

In the event of divisions of land which are not subject to this Article and/or the Act, a certificate of compliance shall be issued on a form prescribed by the Director.

B.

Subdivision approval required. Each division of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this Article.

C.

Conflicts with the Act. In the event of any conflicts between the provisions of this Article and the Act, the Act shall control.

D.

Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

19.70.060 - Advisory agency.

A.

Advisory agency.

1.

The designated advisory agencies specified in this Section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions on these applications, and shall have the authority to act upon the applications as specified below.

2.

Any advisory agency shall have the authority to refer an application to the Commission or Council for action, as indicated in Table 5-1 (Subdivision Review Authorities), below.

3.

Notwithstanding the provisions of this Section, any application filed in compliance with this Article that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, the application shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Article 7 (Permit Processing Procedures).

icle that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, the application shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Article 7 (Permit Processing Procedures).

Wavier of Parcel Maps

Decision Appeal Appeal

19.74.020

Notes:

1.

"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.144 (Appeals); "Recommend" means that the review authority makes a recommendation to a higher decision-making review authority.

2.

Decisions of the Council may not be appealed.

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B.

Appeal boards.

1.

The Commission shall be the review authority for any appeal of a decision of the City Engineer or Director, except when dealing with any maps containing dedications.

2.

The Council shall be the review authority for any appeal of a decision of the Commission.

C.

City engineer. The City Engineer shall be responsible for all of the following.

1.

Establishing subdivision and public improvement design and construction details, standards, and specifications.

2.

Determining whether proposed subdivision improvements comply with the provisions of this Article and the Act.

3.

Inspecting and approving subdivision improvements.

Review authority on amendments to recorded maps, extensions of time on tentative maps, final parcel maps without dedications, parcel mergers, subdivision improvement plans, and waiver of parcel maps.

5.

Providing assistance to the Director on the review of amendments to approved tentative maps, certificates of compliance, lot line adjustments, parcel mergers, and tentative parcel maps without dedications.

D.

Director. The Director shall be responsible for all of the following.

1.

Accepting certificate of compliance, lot line adjustment, parcel map, reversion to acreage, tentative map, vesting tentative map, and similar applications for processing; and distributing the application materials to appropriate agencies and City departments for review.

2.

Investigating tentative map applications for conformity to the General Plan, applicable specific plans, and this Development Code, and in consultation with other City departments, recommending action to the Commission.

3.

Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.

4.

Certifying amended maps, final maps, and reversion to acreage maps for substantial compliance with approved tentative maps.

5.

Review authority on amendments to approved tentative maps, certificates of compliance, lot line adjustments, parcel mergers, and tentative parcel maps without dedications.

E.

Commission. The Commission shall be responsible for all of the following.

1.

Taking action to recommend approval, conditionally approval, or denial of condominiums/ conversions, tentative tract map applications, and reversions to acreage maps to the Council.

2.

Hearing appeals of decisions of the City Engineer and Director.

3.

Reviewing and taking action to approve, conditionally approve, or deny commercial condominium and residential condominium conversion applications.

F.

Council. The Council shall be responsible for all of the following.

1.

Accepting offers of dedication and improvements for divisions of land resulting in five or more parcels.

2.

Review authority on amendments to recorded maps, condominiums/conversions, tentative and final parcel maps with dedications, tentative and final tract maps, and reversions to acreage maps.

3.

Taking action to approve, conditionally approve, or deny any application referred by another review authority or by appeal, or any land division application with an associated permit application filed in compliance with the requirements of this Development Code.

Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with this Article and the Act. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a final parcel map (for a subdivision that results in four or fewer parcels) or a final map (for a subdivision that results in five or more parcels) to complete the subdivision process. The City's review of a tentative map evaluates the compliance of the proposed subdivision with applicable City standards, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

A.

Tentative map requirements. The filing and approval of a tentative map is required for:

1.

A subdivision or resubdivision of four or fewer parcels, as authorized by Government Code Section 66428; and

2.

A subdivision or resubdivision or of five or more parcels, and all other types of subdivisions required to have tentative map approval by Government Code Section 66426.

B.

Final map/final parcel map requirements. A final map/final parcel map ( Chapter 19.74 ) shall be required as follows.

1.

Final map. The filing and approval of a final map ( Chapter 19.74 ) shall be required for a subdivision of five or more parcels, except a subdivision that is otherwise required to have a final parcel map by Government Code Section 66426.

2.

Final parcel map. The filing and approval of a final parcel map ( Chapter 19.74 ) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Government Code Article 2, Chapter 1, except for the following subdivisions:

a.

Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-ofway, unless the Director determines, based on substantial evidence, that public policy necessitates a parcel map, in an individual case, in compliance with Government Code Section 66428;

b.

Cemeteries. Land dedicated for cemetery purposes in compliance with the Health and Safety Code; and

c.

Waived parcel map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Section 19.74.020 (Waiver of Parcel Map).

C.

Exemptions from subdivision approval requirements. The types of subdivisions specified by Government Code Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Act provision as not being subject to the requirements of the Act, and/or not being considered to be divisions of land for the purposes of the Act, shall be exempt from the subdivision approval requirements of this Article.

D.

Exceptions from map preparation requirements. The types of subdivisions specified by Government Code Section 66426, or other applicable Act provisions as not requiring the preparation of a tentative map, parcel map, and/or a final map shall comply with Government Code Section 66426.

19.70.080 - Enforcement of subdivision regulations.

A.

Enforcement of these Subdivision Regulations shall be as set forth in the Act.

B.

Any person, firm, or corporation violating any of the provisions of this Article or the Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Municipal Code Section 1.04.100.

C.

Each person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Article is permitted, continued, or committed by the person, firm, or corporation and shall be punishable as provided in Municipal Code Section 1.04.100, and any alley, parcel, street, or other feature made the subject of this Article maintained contrary to the provisions of this Article shall constitute a public nuisance.

D.

Remedies and procedures for violations shall be as set forth in the Act.

A.

Subdivisions deemed approved by law. A subdivision application deemed approved in compliance with Government Code Sections 65956 or 66452.1, 66452.2 or 66542.4, shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a Building Permit is issued.

B.

Subject to mandatory requirements. Final maps filed for recordation after their tentative parcel or tract maps are deemed approved shall remain subject to all of the mandatory requirements of this Article and the Act, including Government Code Sections 66473, 66473.5, and 66474.

A.

Council shall set fees. The Council, by resolution, shall set reasonable fees in connection with this Article, including but not limited to fees and deposits for processing tentative tract and parcel maps and final and final parcel maps; fees for giving notice of public hearings; fees for copying and distributing written reports on tentative maps; fees for processing lot line adjustments, mergers, and reversions to acreage; and fees and deposits related to the other procedures and requirements specified in this Article.

B.

Planning fee schedule. This schedule of fees shall be referred to in this Development Code as the Planning Fee Schedule.

C.

Payable to the city. All required fees and deposits shall be payable to the City in compliance with the Planning Fee Schedule established by resolution of the Council, as it may be revised from time to time.

A.

Exceptions to standards. An exception to a provision of Chapter 19.78 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with Chapter 19.128 (Variances and Administrative Variances).

B.

Not used to waive Act. An exception shall not be used to waive or modify a provision of the Act, or a provision of this Article that is duplicated or paraphrased from the Act.

Chapter 19.72 - TENTATIVE MAP FILING AND PROCESSING

Sections: