Sec. 44-1164. - Purpose.

The purpose of this division is to define the parameters of batched broadband permits. This division is intended to ensure that broadband permit applications are processed in a manner to allow consistent and careful consideration for the purpose of promoting broadband throughout the City and maintaining the quality of residential and commercial areas of the City.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1165. - Definitions.

(a)

Batch broadband permit processing means the simultaneous processing of multiple broadband permit applications for substantially similar broadband project sites under a single permit.

(b)

Broadband permit application means an application or other documents submitted for review by a local agency to permit the construction of a broadband project.

(c)

Broadband project means the proposed facility, including the support structure and any supporting equipment necessary for operation of the proposed facility. A broadband project may be comprised of one or more components, including, but not limited to, a wireless facility, a fiber optic connection, and other supporting equipment, each of which may require separate permits or authorizations by the City.

(d)

Presumptively reasonable time for the purposes of this section shall mean the timeframe, if any specified by applicable law, and in the absence of such law, whatever time the Planning Division deems reasonable to process the broadband permit applications.

(e)

Simultaneous for the purposes of this section means broadband permit applications which are submitted at the same time.

(f)

Substantially similar broadband project sites means broadband project sites that are nearly identical in terms of equipment and general design but not location.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1166. - Application required.

Requests for permits for any broadband project shall require that a City application form be filled out in its entirety and submitted to the Community Development Director. In addition, other materials, reports, dimensions, plans, or other information required to take an action on the application as identified in this division and the application guidelines, shall be submitted with the application. The Application guidelines, which include a list of required items for each type of application, are available as a handout in the Community Development Department. It is the responsibility of the applicant to ensure that all required information is provided.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1167. - Maximum number of applications.

At any given time, the City shall limit the number of permits in a batch broadband permit processing to 25 simultaneous permits. For each permit over one, the applicant shall file a separate amendment to the permit defining the location of the broadband project and what differences in design or construction exist between the additional broadband project and the original broadband project.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1168. - Completed application.

A completed application shall include the following information at a minimum, subject to additional requirements as imposed by the Planning Manager:

(1)

The application form with all applicable information included on, or attached to, the form.

(2)

Other information or forms required for implementation of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) in compliance with City and State guidelines for the implementation of CEQA.

(3)

An addendum for each permit over one that is applied for simultaneously, which describes the location of each additional broadband project, and describes how the broadband project is substantially similar to the original broadband project applied for.

(4)

Payment in full of the required fees and/or deposit for processing the application, in compliance with the City Council's fee resolution (application fees).

(5)

Address and legal description of the property under consideration.

(6)

Other information required by the Planning Manager or his/her designee.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1169. - Applicant notification.

Applicant shall be notified of approval within a presumptively reasonable time or in a time mutually agreed upon by the City and the applicant, whichever is later.

(Ord. No. 2024-02, § 4, 3-5-2024)

Sec. 44-1170. - Application fees.

The City Council shall establish by resolution, and from time to time amend by resolution, a schedule of fees and costs for applications for permits, licenses, appeals, amendments, and approvals required or allowed by this chapter to reimburse the City for all costs reasonably and necessarily incurred as the result of processing the application, as allowed by law.

(Ord. No. 2024-02, § 4, 3-5-2024)

ARTICLE VI. - SUBDIVISION[[12]]

Footnotes:

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Editor's note— Ord. No. 2022-01, § 20, adopted May 3, 2022, repealed art. VI, §§ 44-1171, 44-1191, 441192, 44-1218—44-1222, 44-1248—44-1256, and enacted a new art. VI as set out herein and later amended. Former art. VI pertained to similar subject matter and derived from Ord. No. 2015-01, adopted May 5, 2015; and Ord. No. 2016-06, adopted May 3, 2016.

State Law reference— Subdivision Map Act, Government Code § 66410 et seq.

DIVISION 1. - GENERALLY

Sec. 44-1171. - Purpose.

(a)

The purpose of this article is to promote the public health, safety, and general welfare and to preserve the aesthetic quality of the City through the regulation and control of the division of land in compliance with the Subdivision Map Act.

(b)

This article is adopted to implement the Subdivision Map Act, Government Code § 66410 et seq., and may be cited as the City's subdivision ordinance. If the provisions of this article conflict with any provision of the Subdivision Map Act, the provisions of the Subdivision Map Act shall prevail.

(c)

Land shall not be subdivided and/or developed for any purpose that is not consistent with the General Plan, any applicable specific plan, and this chapter.

(Ord. No. 2022-01, § 20, 5-3-2022)

Secs. 44-1172—44-1190. - Reserved. DIVISION 2. - REVIEW AUTHORITY

Sec. 44-1191. - Final review authority.

(a)

City Engineer. The City Engineer shall have final authority in the approval, conditional approval, or disapproval of certificates of compliance, lot line adjustments, and parcel mergers.

(b)

Council. The City Council shall have final authority in the approval, conditional approval, or disapproval of tentative parcel maps, tentative tract maps, vesting tentative maps, and final maps, and the acceptance by the City of lands and/or improvements proposed for dedication to the City.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1192. - City attorney.

The City Attorney shall be responsible for approving as to form all subdivision improvement documents that affect public rights-of-way related to subdivisions.

(Ord. No. 2022-01, § 20, 5-3-2022)

Secs. 44-1193—44-1217. - Reserved. DIVISION 3. - MAPS[[13]]

Footnotes:

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State Law reference— Division of land and tentative and final maps, Government Code § 66426.

Sec. 44-1218. - Division of land—Five or more parcels.

A tentative and final tract map shall be required for subdivisions creating five or more parcels, in compliance with State law.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1219. - Same—Four or less parcels.

(a)

Parcel map required. A tentative and final parcel map shall be required for all divisions of land creating four or less parcels, as well as those divisions identified in State law (Government Code § 66426).

(b)

Parcel map not required. A tentative and final parcel map shall not be required for those divisions outlined in State law (Government Code § 66428), nor for lot line adjustments as provided in Government Code § 66412(d).

(Ord. No. 2022-01, § 20, 5-3-2022)

State Law reference— Authority of local government to waive requirement of tentative and final parcel map, Government Code § 66428.

Sec. 44-1220. - Correction and amendment of maps.

After a final tract or parcel map is filed with the County Recorder, it may be amended by a certificate of correction or an amending map, in compliance with State law (Government Code § 66469 et seq.). The certificate of correction or amending map shall be submitted to the City Engineer and processed in compliance with State law (Government Code § 66471).

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1221. - Expiration of tentative map.

Approved or conditionally approved tentative maps shall expire two years following the actual date of approval or conditional approval, unless an extension is approved in compliance with this division.

(Ord. No. 2022-01, § 20, 5-3-2022)