Elk Grove Municipal Code Ch. 22.04 Administration

The purpose of this chapter is to establish the administration of this title and to set forth the basic responsibilities of the officials and bodies charged with its administration. Further, this chapter specifies the authority and procedures for clarifying any ambiguity in the regulations of this title in order to ensure consistent interpretation and application of this title.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Except as expressly provided otherwise in this title, the responsibility for actions taken under this title shall be as stated below and summarized in Table 23.14-1 (Approving Authority).

A. City Council. The City Council shall be responsible for:

1. The approval or denial of final maps;

2. The acceptance, acceptance subject to improvement, consent to, or rejection of offers of dedications shown on final maps;

3. The approval, conditional approval, or denial of reversions to acreage; and

4. Acting as the appeal board for hearing appeals of Planning Commission actions as provided in this title.

5. Vacating or abandoning right-of-way.

B. Planning Commission. The Planning Commission shall be responsible for:

1. The approval, conditional approval, or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into five (5) or more parcels (tentative subdivision maps);

2. The approval, conditional approval or denial of tentative maps and subdivision modifications for all subdivisions resulting in divisions of land into four (4) or fewer parcels (tentative parcel maps) where a tentative map is required by this title;

3. Hold hearings on determination status for involuntary merger of substandard parcels pursuant to Article II of EGMC Chapter 22.14; and

4. Acting as the appeal board for hearing appeals of Zoning Administrator actions as provided in this title.

C. Zoning Administrator. The Zoning Administrator shall be responsible for:

1. The approval or denial of requests for extensions of time for tentative maps subject to the provisions of the Subdivision Map Act (Section 66452.6); and

2. Acting as the appeal board for hearing appeals of Community Development Director actions as provided in this title.

D. Community Development Director. The Community Development Director shall be responsible for:

1. The approval, conditional approval, or denial of boundary line adjustments and certificates of compliance as provided in Section 66499.35 of the Subdivision Map Act;

2. The approval or denial of mergers or unmergers of contiguous parcels under common ownership without reversion under EGMC Chapter 22.14 (Merger and Unmerger of Contiguous Parcels);

3. The waiver of the requirement to file a parcel map;

4. In conjunction with the City Engineer, recommending approval, conditional approval, or disapproval of the design of proposed subdivisions, and the kinds, nature, and extent of on-site and off-site improvements required in connection therewith to the Planning Commission and/or the City Council;

5. Reporting on land use matters related to proposed subdivisions to the Planning Commission and/or City Council, including but not limited to consistency with the City General Plan, the Zoning Code (EGMC Title 23), and any applicable specific plan or area plan;

6. Recommending approval, conditional approval, or denial of tentative maps of all proposed subdivisions of land to the Planning Commission and/or the City Council based upon the requirements of this title, the Subdivision Map Act, Zoning Code, the General Plan, any applicable specific or area plan(s), or the standards, rules, or regulations adopted by the City pursuant to this title;

7. Recommending approval or denial of extensions of time for tentative maps to the Zoning Administrator;

8. Reviewing and making recommendations concerning proposed subdivisions in the unincor-porated territory of the County of Sacramento in accordance with Section 66453 of the Subdivision Map Act when the Community Development Director has elected to do so; and

9. Such additional powers and duties as prescribed by law and by this title.

E. City Engineer. The City Engineer shall be responsible for:

1. Approving parcel maps.

2. Completing those certificates on final and parcel maps as required by this title and the Subdivision Map Act;

3. All other duties as prescribed by the Subdivision Map Act, including, but not limited to, Section 66416.5; and

4. Such additional powers and duties as prescribed by law and by this title.

F. City Surveyor. The City Surveyor shall be responsible for examinations, certifications, and approvals of the surveying maps and documents as required throughout this title. Where such role is assigned in this title to the City Engineer, that role shall be deferred to the City Surveyor.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. The submittal and processing of applications for approvals governed by this title shall be the same as that provided in EGMC Chapter 23.14, General Application Processing Procedures.

B. Except as otherwise provided in EGMC Section 23.14.050(A) and (C), when a proposed project requires more than one (1) permit under this title and EGMC Title 23 (Zoning) with more than one (1) approving authority, all project permits shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all requested permits.

C. When any tentative map is submitted in conjunction with a qualifying streamlined housing project as provided in EGMC Chapter 23.17, the approving authority shall be the Zoning Administrator.

D. The Community Development Director shall adopt rules to implement the various processes generally set forth in this title and the Subdivision Map Act. The rules shall apply to, but not be limited to, instructions for preparing and completing applications for parcel maps, subdivision maps, certificates of compliance, reversions to acreage, and compliance with the California Environmental Quality Act. Where a property owner intends to change real property in a manner subject to the aforementioned rules, appropriate application(s) shall be submitted to the City in accordance with the rules, on forms provided by the City, and with any necessary fees for City review and action.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

If ambiguity arises concerning the meaning or applicability of the provisions of this title, it shall be the responsibility of the Community Development Director to review pertinent facts, determine the intent of the provision, and issue an administrative interpretation of said provision(s) as specified in this section.

A. Rules of Interpretation.

1. Terminology. When used in this title, the following rules apply to all provisions of this title:

a. Language. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive.

b. Tense and Number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the words indicates otherwise.

c. Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either/or” or “and/or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.”

2. Number of Days. Whenever the number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.

3. Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise.

B. Record of Interpretation. Whenever the Community Development Director determines that an ambiguity in a subdivision regulation exists or when an applicant requests an interpretation based on their judgment or understanding of this title, the Community Development Director shall issue an official interpretation. The procedure for preparation, content, procedure, and keeping of official interpretations shall be as provided for official zoning interpretations in EGMC Section 23.12.040 (Official zoning interpretation).

C. Appeals. Interpretations may be appealed as specified in EGMC Section 23.14.060 (Appeals). Where the appeal provisions of this section conflict with other provisions of this code, the appeal provisions of this section shall apply with regard to matters pursuant to this section.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Generally. Except as otherwise provided herein, the Community Development Director and City Engineer are authorized and directed to enforce the provisions of this title and the Subdivision Map Act for subdivisions within the City.

B. Certificates of Compliance. Applications for certificates of compliance shall be filed with the Community Development Department. The Community Development Director shall be responsible for their issuance and recordation. The form of the application and requirements for a certificate of compliance shall be prescribed by the City. A nonrefundable fee in the amount established by resolution of the City Council for each lot or parcel for which a certificate is sought shall accompany the application.

C. Illegal Subdivisions. No board, commission, officer, employee, or agent of the City shall issue any certificate or permit or grant any approval necessary to develop any real property within the City that has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this title.

Whenever the City has knowledge that real property has been divided in violation of the Subdivision Map Act or this title, the Community Development Director and/or City Engineer shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that section.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Purpose. This section describes the procedures and processing for certificates of compliance, consistent with the requirements of Section 66499.35 of the Subdivision Map Act.

B. Applicability. A certificate of compliance is a document, recorded by the County Recorder, which acknowledges that a parcel or lot of real property (hereinafter, “parcel”) is considered by the City to be a legal parcel or lot of record. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance from the City.

C. Application. A certificate of compliance application shall be made on a form provided by the Community Development Department and submitted to the Department. The form shall be accompanied by an application deposit or fee as established by resolution of the City Council. The application shall also include a chain of title, consisting of copies of deeds beginning before the division of the property and running through to the time of application for the certificate of compliance, unless the parcel(s) in question was created through a recorded subdivision map.

D. City Review and Action. The application for certificate of compliance shall be reviewed and acted upon as provided below.

1. Community Development Director Review. The Community Development Director, in coordination with the City Engineer, shall review the request and make a determination on the application as follows:

a. If the Community Development Director makes a determination that the parcel(s) complies with the Subdivision Map Act and this title, the Community Development Director shall cause a certificate of compliance to be filed for record with the County Recorder. The form of the certificate shall be as described below.

b. If the Community Development Director makes a determination that the parcel(s) does not comply with the provisions of the Subdivision Map Act or this title, the Community Development Director shall issue a conditional certificate of compliance. The City may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired their interest in the property and that had been established at that time by the Subdivision Map Act and this title. Upon making a determination and establishing conditions, the Community Development Director shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee to assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.

2. Form of Certificate. The certificate of compliance shall identify the property, shall state that the division complies with the provisions of the Subdivision Map Act and this title, and shall include all information required under Section 66499.35 of the Subdivision Map Act.

3. Effective Date. A certificate of compliance shall not become final until the document has been recorded by the County Recorder.

4. Recorded Final Map or Parcel Map. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described in the final or parcel map.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A fee(s) shall be paid to the City for services performed under this title, and other related planning services performed in furtherance of this title, or authorized to be performed, by the City’s Community Development Director and Community Development Department, or other departments and agents of the City, in accordance with the adopted fee schedule. Such fee schedule and fees will be set and can be amended from time to time and as needed, by resolution of the City Council.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)