Chapter 18.50 — General Provisions

Sections:

18.50.010 – Purpose of Article

• 18.50.020 – Title

• 18.50.030 – Definitions

• 18.50.040 – Authority

• 18.50.050 – Applicability

• 18.50.060 – Advisory Agency

• 18.50.070 – Type of Subdivision Approvals Required

• 18.50.080 – Subdivision Improvement Agreement

• 18.50.090 – Enforcement of Subdivision Regulations

• 18.50.100 – Applications Deemed Approved

• 18.50.110 – Processing Fees

• 18.50.120 – Exceptions to Subdivision Standards

• A. Supplement and Implement the Act. The provisions of this Article are intended to supplement, implement, and work with the State Subdivision Map Act, as specified in Government Code Section 66410 et seq., referred to in this Article as the Act, for the purpose of regulating the design and improvement of divisions of land within the City.

• B. Used in Conjunction with the Act. This Article is not intended to replace the Act, but is expected to be used in conjunction with the Act in the preparation of subdivision applications, and the review, approval or denial, and improvement of proposed subdivisions.

• C. Promote Public Safety. The purpose of this Article, and any rules, regulations, and specifications adopted in compliance with this Article, is to regulate the division of land and to promote the conservation, stabilization, and protection of property values through orderly growth and development, the provision of necessary public and private facilities, and generally, the public health, safety, and general welfare within the City and any lands as may be annexed or are proposed to be annexed to the City.

• D. Implement the General Plan. The provisions of this Article are intended to implement the goals and policies of the General Plan and any adopted specific plans.

• E. Regional Housing Needs. In carrying out the provisions of this Article, the City shall consider the effect of actions taken in compliance with these regulations on the housing needs of the region and balance these needs against the public service needs of residents and available fiscal and environmental resources.

• F. References to Other Laws. Whenever reference is made to a City ordinance, provision of the Municipal Code or the Development Code or to a state statute, the reference applies to the requirements of the provision applicable on the date the application is determined to be complete and to the conditions of variances and permits granted.

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This Article shall be known as the “City of East Palo Alto Subdivision Ordinance” and referred to as the City's “Subdivision Ordinance.”

For the purpose of this Article, the following definitions apply unless the context clearly indicates or requires a different meaning. Other definitions are contained in Article 1.

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

Advisory Agency. The person or Review Authority responsible for acting on an application.

Certificate of Compliance; Conditional Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying a specified real property complies with the provisions of the Subdivision Map Act and this Article. A Conditional Certificate of Compliance includes any conditions 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.

Co-Operative Multiple Dwelling Building. Any multiple dwelling existing or proposed to be constructed where it is proposed that persons will possess an undivided equitable or legal ownership right or interest, including but not limited to shares, stock, or beneficial interest in trust, coupled with an exclusive right or interest to possess, occupy, or use one or more dwelling units in the multiple dwelling building, and also means a condominium, as defined in California Civil Section 1350, and a community apartment project as defined in California Business and Professions Code Section 11004.

Dedication. The grant of real property for public use.

Design. Design includes all of the following: (1) street alignments, grades, and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades ; (3) location and size of all required casements and rights-of-way; (4) fire roads and firebreaks; (5) parcel size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park and/or recreational purposes; and (9) other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure compliance with or implementation of the General Plan or any applicable specific plan.

Development Code. The Development Code of the City (Municipal Code Title 18).

Division of Land. See Subdivision. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purposes of computing the number of parcels . “Division of Land” shall not mean land dedicated for cemetery purposes under the State Health and Safety Code or the leasing or financing of apartments, offices, stores, or similar space within an apartment building, a commercial building, an industrial building, mobile home park, or trailer park, or division of a gas, mineral, or oil lease.

Drainage facility. Any drainage device or structure which may be used to control or direct the flow of water or alleviate a flood hazard, including but not limited to berms, channels, culverts, curbs, ditches, gutters, pavement, pumps, and pipes.

Emergency Vehicle Access Easement (EVAE) . A permanent easement and a right-of-way for emergency access, with the right of ingress and egress of emergency vehicles (fire and police protection, ambulances and rescue services and other lawful governmental or private emergency services) for access to the property or to other adjacent lands for emergency purposes. When required, an EVAE shall be recorded.

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 Act and in a manner to be filed in the office of the County Recorder.

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Flood hazard. A potential danger to life, land, or improvements due to inundation or stormwater runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage structures, or erode the banks of water courses.

Frontage. Portion of a parcel which abuts a public or private street or highway to which the parcel has the right of access.

Future Street or Alley. A street or alley necessary for the future division of land within a subdivision of land or for the development of adjacent properties and which is offered for public use at an indeterminate future time when the Council determines the acceptance and construction of the street or alley is warranted.

Geologic Hazard. A hazard inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

Improvements. Street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the parcel owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the subject final map. Improvement also refers to other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination, is necessary or convenient to ensure compliance with or implementation of the General Plan or any applicable specific plan.

Lot Line Adjustment. The adjustment of property lines between four or fewer legally created adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not created.

Lease. An oral or written agreement or contract, tenancy at will, month-to-month, or similar tenancy.

Ornamental Street Lighting. A system of street lighting composed of individual free-standing light standards.

Paper Subdivision. An undeveloped subdivision consisting of parcels only recognized on paper and, in most cases, without infrastructure, services, or structures.

Parcel on Cul-De-Sac Terminus. A parcel which has at least 50 percent of its front parcel line coterminus with the required diameter turn around on a cul-de-sac.

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

Special Study Zone. The area delineated on the Alquist-Priolo Special Studies Zones Map of the State Geologist, as adopted by the City.

Street Types.

Principal Arterial Interstate. A freeway included as part of the interstate highway system. A controlled access, divided highway 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.

Minor Arterial. An arterial roadway with less regional significance than a Principal Arterial roadway. It accommodates sub-regional and intercity travel and generally has four to six through travel lanes with a raised median and/or a center left-turn lane. Minor Arterials accommodate through traffic while also providing direct access to adjacent properties and intersecting streets.

Collector. A street 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.

Local. A low speed street 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.

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Highway. A thoroughfare of primary importance in the City or State Highway system, other than a freeway, which is shown on the Circulation Element of the General Plan as a Major Arterial.

Subdivide. Dividing land or structures in compliance with Government Code Section 66410 et seq.

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 division of a tract of land, shown on the latest equalized County assessment roll as a unit or as continuous units, into defined parcels, either improved or unimproved, which can be separately conveyed by sale, lease, or financing, and which can be altered or developed. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. The process often includes setting aside land for streets, sidewalks, parks, public areas, and other infrastructure needs, including the designation of the location of utilities. “Subdivision” includes a condominium project, as defined in Section 4125 or 6542 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of Section 4190 or 6566 of the Civil Code.

Subdivision Map Act. Government Code Section 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 prepared for the purpose of dividing a legal parcel into five or more parcels and prepared in compliance with the provisions of this Article, the Act , and in a manner to be recorded in the office of the County Recorder.

Tentative 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, the Act and in a manner to be recorded in the office of the County Recorder.

Vesting Tentative or Tentative Parcel 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 this Article, the Act and in a manner to be recorded in the office of the County Recorder.

Tract Map . Tract map refers to a subdivision of land to create five or more residential lots with full urban improvements, including paved streets, curbs, gutters and sidewalks, fire hydrants, street lights, comprehensive drainage systems, water and sewer service and other infrastructure found in urban areas.

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

A. Applicability of Article.

1. It is unlawful for any person to 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.

2. This Article applies to all divisions of land, except those exempted by Government Code Sections. 66411, 66412, 66412.1, 66412.2, and 66426.5

3. In the event of divisions of land not subject to this Article and/or the Act, a Certificate of Compliance shall be issued on a form prescribed by the Director.

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• 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 specified in the 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.

• E. Compliance with Affordable Housing Provisions Required. Compliance with all applicable requirements related to affordable housing is required. Prior to approval of a final map, the developer must execute an agreement providing that all applicable requirements related to affordable housing shall be complied with and that compliance shall occur prior to issuance of a certificate of occupancy. The final map must contain a notation regarding affordable housing requirements.

A. Advisory Agency

1. The designated advisory agencies specified in this Article 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 set forth in Table 5-1.

3. Notwithstanding the provisions of this Article, any application filed in compliance with this Article that has an associated permit application made in compliance with the provisions of the Development Code, and subject to action by the Commission or Council, shall be subject to the same review and hearing requirements required for the associated permit application, as set forth in Table 7-1.

4. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action.

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Table 5-1

Subdivision Review Authorities

*When a request is made for the City to dedicate right-of-way, the City Council is the decision maker.

• B. 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 subdivision improvements.

   4. 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,

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• C. 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 the 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) .

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

  5. Review Authority on tentative parcel maps, but only when creating no more than one additional parcel, and without dedications.

  6. Review Authority on amendments to approved tentative maps, certificates of compliance, lot line adjustments, and parcel mergers.

D.

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

1. Recommend approval, conditional approval, or denial of condominium maps, 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.

E.

• 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 the Development Code.

4. Review and approval of maps when public right-of-way is being relinquished to another entity (public or private).

Any subdivision of an existing parcel into two or more parcels requires approval by the City. 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

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that results in five or more parcels) . The City's review of a tentative map evaluates the compliance of the proposed subdivision with applicable City standards, this Article, the Act, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise surveying documents which 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 parcel and tentative tract maps is required for:

  1. A subdivision or re-subdivision of four or fewer parcels, as authorized by Government Code Section 66428; and

  2. A subdivision or re-subdivision 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 or final parcel map is required as follows.

  1. Final Map. For a subdivision of five or more parcels, except a subdivision otherwise required to have a final parcel map by Government Code Section 66426.

  2. Final Parcel Map. For a subdivision creating four or fewer parcels, with or without a designated remainder, 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-of-way, 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 granted a waiver of parcel map requirements.

• C. Co-Operative Multiple Dwelling Buildings. A tentative map or tentative parcel map shall be required for a cooperative multiple dwelling building. A tentative tract map or tentative parcel map for a cooperative multiple dwelling building project shall not be approved unless at the time of approval it appears that the project complies with or will comply with the then existing Building Code and Development Code regulations and all applicable regulations of the Municipal Code, and unless a condition is imposed that a building permit shall not be issued for the project unless it so complies. Where minor variations from the Development Code with respect to the proposed conversion of an existing structure to a co-operative multiple dwelling building and full compliance with Development Code requirements presents practical difficulties, after report of the Commission, the Council may waive full compliance and approve the tentative map or tentative parcel map with the condition appropriately modified upon making a finding that the project is in substantial compliance with the applicable Development Code regulations and that the minor variation will not prevent compliance with the intent and purpose of the Development Code regulations.

• D. 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

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considered to be divisions of land for the purposes of the Act, are exempt from the subdivision approval requirements.

• E. 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.

• F. Paper Subdivisions Prohibited. All proposed and required on- and off-site improvements, including structures, shall be constructed and installed within a maximum period of 36 months following the date of final map recordation or such later time consistent with California Government Code section 66462 or California Government Code section 66411.1 or specified in any applicable Development Agreement. The Review Authority may extend the 36-month deadline for good case shown and confirmed by the Review Authority. Failure to construct road and utility improvements within the designated time period may void subdivision approval following notice and public hearing by the Review Authority. Subdivision of property into large “master” lots for purposes limited to sale or financing in advance of future further subdivision of such master lots for actual development purposes is not prohibited by this provision.

Subdivisions will not be approved without a Subdivision Improvement Agreement that identifies the specific timeframes for when public improvements, installation of utilities, grading, and drainage will be physically done to the subject property. In no case shall the City authorize paper subdivisions with no physical improvements to the land. All applicants shall be required to prepare the land with grading and infrastructure improvements within three years of approval of a tentative map, or parcel map or the site will revert back via a reversion to acreage as authorized by the Subdivision Map Act. Subdivision Improvement Agreements shall be prepared by the applicant and approved as to technical form by the Planning Director.

Enforcement of subdivision regulations may be taken consistent with the provisions in this title and in Chapter 18.116.

• A. Subdivisions Deemed Approved by Law. A subdivision application deemed approved in compliance with the Act, shall be subject to all applicable provisions of the Development Code, and any conditions imposed by the Review Authority, which shall be satisfied by the subdivider before a building or grading 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.

• A. Council Shall Set Fees. The Council, in the Master Fee Schedule, 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

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adjustments, mergers, and reversions to acreage; and fees and deposits related to the other procedures and requirements.

• B. Payable to the City. All required fees and deposits are payable to the City.

• A. Exceptions to Standards. An exception to a provision of related to subdivision design and improvements may be requested by a subdivider in compliance with Planned Development Permits and 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 which is duplicated or paraphrased from the Act.

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