Newark Municipal Code Ch. 16.06 Maps Required

The necessity for tentative, final, and parcel maps shall be governed by the provisions of this chapter.

(Ord. No. 546, § 3(Exh. A), 11-9-2023)

A tentative tract map and final map shall be required for all divisions of land creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the planning commission or city council.

B. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway.

C. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the planning commission or city council as to street alignments and widths.

D. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

E. The land is being subdivided solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.

F. A tentative parcel map shall be required for the subdivisions described in subsections A through E of this section, and a parcel map shall be required rather than a final map unless the parcel map is waived by the city engineer in accordance with Section 16.06.030(C).

(Ord. No. 546, § 3(Exh. A), 11-9-2023)

A. General. A tentative parcel map and parcel map shall be required for all divisions of land into four or fewer parcels, except as provided below.

B. No Parcel Map Required. No parcel map shall be required for the following:

1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Public Utilities Code Section 230, that are created by short-term leases (terminable by either party on not more than thirty days' notice in writing).

2. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this section, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

C. Tentative Parcel Map Waiver. The community development director may waive the requirement for filing a tentative parcel map, as provided below and in conformance with Government Code Section 66428.

1. A subdivider wishing to request a waiver of the tentative parcel map requirement shall submit a waiver request in writing to the community development director.

2. The community developer director may waive the requirements for a tentative parcel map when all required public improvements are existing; public improvements are not necessary; or public improvements may be deferred by agreement, so long as said deferred improvements are not immediately required for public health and safety or for the orderly growth and development of the surrounding area. The tentative parcel map waiver does not apply to airspace subdivision for the purpose of residential condominium conversion.

3. The tentative parcel map requirement may be waived upon a finding that the proposed subdivision complies with the requirements of this title as to lot area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, other requirements of the Subdivision Map Act, and this title.

4. The community development director shall act upon the application for a tentative parcel map waiver within sixty days after the waiver application is deemed complete.

5. A tentative parcel map waiver may be conditioned to provide for the payment of park land dedication and any other fees generally applied to subdivision projects.

D. Parcel Map Waiver. The city engineer may waive the requirement for filing a parcel map, as provided below and in conformance with Government Code Section 66428.

1. A subdivider wishing to request a waiver of the parcel map requirement shall submit a waiver request in writing to the city engineer.

2. The city engineer may waive the requirements of the parcel map for subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases; or for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement or a license.

3. The parcel map requirement may be waived upon a finding that the proposed subdivision complies with the requirements of this title as to lot area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, other requirements of the Subdivision Map Act, and this title.

4. The city engineer shall act upon the application for a parcel map waiver within sixty days after the waiver application is deemed complete.

5. A parcel map waiver may be conditioned to provide for the payment of park land dedication and any other fees generally applied to subdivision projects.

(Ord. No. 546, § 3(Exh. A), 11-9-2023)