Chapter 16.04 — IMPROVEMENT DEDICATIONS

The city may, by resolution, require that improvements installed by a subdivider for the benefit of a subdivision shall contain supplemental size, capacity, length or number for the benefit of the property not within the subdivision, and that such improvements be dedicated to the public. (Ord. 824 § 2(part), 1989)

In the event of the installation of improvements required by the city pursuant to Section 16.04.010, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvement equal to the difference between the amount it would have cost such divider to install such improvements to serve the subdivision only and the actual cost of such improvements.

(Ord. 824 § 2(part), 1989)

In order to pay the costs as required by the reimbursement agreement, the city may:

• A. Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use;

• B. Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider;

• C. Establish and maintain local benefit districts for the levy and collection of such charges or costs from the property benefitted.

• (Ord. 824 § 2(part), 1989)

The city council may adopt, by resolution, the subdivision's plan and map and further identify the property within the area which is benefitted by the improvements required pursuant to Section 16.04.010 (the "benefit district"). The city may impose a reasonable charge on the benefitted property, as set forth in the resolution, to be paid to the city and used as required by the reimbursement agreement between the city and the subdivider.

The benefit district may include areas not yet annexed to the city or developed. These properties will be subject to the charge set forth in the resolution if and when the property owners file a subdivision map or annexation application; the payment of the charge will be a condition of such subdivision or annexation.

(Ord. 824 § 2(part), 1989)

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City of Manteca, CA

SUBDIVISIONS

§ 16.05.010

§ 16.05.050

CHAPTER 16.05 MAP WAIVERS

The purpose of this chapter is to set forth requirements for map waivers consistent with provisions of the Subdivision Map Act. (Ord. 936 § 1, 1992)

• A. The planning commission may, at its discretion, waiver all or part of the requirements for a tentative parcel map for the following:

  1. Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees for which a parcel map may be required;

  2. Division of real property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites or rights-of-way or easements for streets, sewers, utilities and drainage; and

  3. Division of real property which has merged pursuant to this title, the Subdivision Map Act or any prior ordinance of the city.

• B. The planning commission shall waive all or part of the requirements for a tentative parcel map and parcel map or a tentative subdivision map and final map for conversion of a mobile home park to a tenant-owned, condominium ownership interest initiated by a petition signed by at least two-thirds of the owners of mobile homes who are tenants in the mobile home park as provided in Section 66428(b), unless findings pursuant to Section 66428(b) of the Subdivision Map Act are made.

• (Ord. 936 § 1, 1992)

The planning commission shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriately improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and this title. (Ord. 936 § 1, 1992)

Upon the waiver of tentative parcel map and parcel map requirements, or tentative subdivision map and final map requirements, pursuant to this chapter, the city engineer shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with Sections 66499.35 and 66499.52 of the Subdivision Map Act. (Ord. 936 § 1, 1992)

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City of Manteca, CA § 16.05.050

MANTECA CODE

§ 16.05.070

A waiver by the planning commission may be conditionally provided for, among other things, payment by the subdivider of fees (including drainage, parkland dedication in lieu and other fees) and dedications that are permitted by law.

(Ord. 936 § 1, 1992)

• A. An applicant for map waiver shall submit an application and map to the community development director in the format and number of copies specified by the community development director. The application shall contain all the information specified by the community development director. The application shall be accompanied by the fee established by resolution of the city council.

• B. The community development director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

• (Ord. 936 § 1, 1992)

• A. Review and Approval by the Planning Commission. Upon a determination that the application is complete, the planning commission shall act to approve, conditionally approve or disapprove the waiver request within fifty calendar days, unless a public hearing is requested in accordance with subsection B of this section. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the community development director evidenced in writing.

• B. Right to a Public Hearing.

  1. No later than twenty days prior to expiration of the time for action, the community development director shall give notice that the applicant or any interested person may, within ten days request a hearing on the waiver request and other matters required to be considered by the planning commission in connection with its action thereon.

     • a. Such notice shall state that if no person files a request for hearing within the time provided in this section, the planning commission will promptly consider the matter and make its decision thereon.

     • b. Such notice shall also state that any interested person may examine the request for waiver, as well as any variance request, advance report, lot use feasibility study or environmental documents pertaining thereto, at the office of the community development director during regular business hours.

     • c. Such notice shall be given in the manner provided in subsection D of this section.

  2. The applicant or any interested person may, not later than ten days after the date of such notice is given, file with the community development director a written request for a hearing.

  3. If a request for hearing is filed within the time provided in subsection B2 of this

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City of Manteca, CA

SUBDIVISIONS

§ 16.05.070

§ 16.05.070

section the planning commission shall set the application(s) for a public hearing. Public notice of the hearing shall be given pursuant to Section 66451.3 of the Subdivision Map Act.

4. A public hearing shall be held before the planning commission at a time and place in accordance with the public notice. The planning commission may establish its own rules for the conduct of such hearings. The applicant or his or her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the request for waiver, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning commission in connection with its action on the request for waiver. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the planning commission shall announce the time and place to which the hearing will be continued.

red by the planning commission in connection with its action on the request for waiver. Evidence shall be offered or presented, and the name and address of each witness shall be recorded and made a part of the permanent files. Any hearing may be continued provided that prior to adjournment or recess, the planning commission shall announce the time and place to which the hearing will be continued.

5. If no request for hearing is filed within the time provided in subsection B2 of this section, no hearing shall be required and the planning commission shall promptly consider the request for waiver, render its decision, and give notice thereof in the manner provided in this section.

• C. Reports and Recommendations. A copy of any report or recommendation on the map waiver prepared by the community development director shall be mailed to the applicant or his or her authorized agent at least fifteen days prior to the proposed date of action and/ or scheduled public hearing by the planning commission.

• D. Decision.

  1. The planning commission may approve, conditionally approve or deny any application following the close of the public hearing on the matter. Such decision shall include findings in accordance with the provisions of this chapter. The decision shall be final, subject to appeal in accordance with subsection F of this section.

  2. Written notice of such decision shall be given by mail within seven calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mails with postage prepaid, using the address set forth on the application or using an envelope provided by the applicant for such purpose, as the case may be. Such notice may also be given, at the discretion of the planning commission, by personal delivery with the same effect as if mailed.

  3. The decision of the planning commission shall be final upon expiration of fourteen calendar days from and including the date of decision, unless a notice of appeal is filed with the planning commission within such time.

  4. All conditions of approval shall be final, and a subsequent request to delete or to modify a condition to make it less restrictive shall only be considered in accordance with the procedure specified in Section 16.05.080 of this chapter, unless said conditions are appealed pursuant to subsection E of this section.

• E. Appeal.

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City of Manteca, CA

MANTECA CODE

§ 16.05.070

§ 16.05.080

1. Any decision of the planning commission made pursuant to this section shall be subject to appeal to the city council.

2. The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the planning commission prior to the time the decision becomes final. The community development director shall furnish forms for notice of appeal. The appeal shall be accompanied by the fee established by resolution of the city council.

3. Notice of the hearing on the appeal shall be given in the manner and time provided in subsection D of this section.

4. The city council may reverse, affirm wholly or partly, modify or attach other or additional conditions to the decision appealed from.

5. The decision of the city council on any such appeal shall be final upon adoption of an order or resolution containing its determination. Notice of such decision shall be given to the appellant, the subdivider (if not the appellant), and any other party who has requested such notice.

(Ord. 936 § 1, 1992)

• A. Minor revisions to an approved waiver of parcel map may be approved by the planning commission upon application by the subdivider or his or her authorized agent, provided that:

  1. Such changes are consistent with the intent of the original map approval;

  2. The original conditions need not be modified; and

  3. There are no resulting violations of this code.

• B. Approved revisions shall be denoted on the approved map and/or in writing to the subdivider, whichever is appropriate.

• C. No revision shall affect the expiration date of the approved map.

• D. The planning commission may require a new application in lieu of the above procedure when, in its opinion, requested changes are substantial enough to warrant refiling and reprocessing.

• (Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.07.010

§ 16.07.020