San Ramon Municipal Code Ch. I General Provisions

Contents: C5-1. - Citation and authority. C5-2. - Purpose. C5-3. - Conformance with general plan and ordinances. C5-4. - Applicability of provisions. C5-5. - Exceptions. C5-6. - Public hearings — Procedures. C5-7. - Modification of requirements. C5-8. - Certificate of compliance. C5-9. - Reserved. C5-10. - Definitions. C5-11. - Fees. C5-12 through C5-20. Reserved. -

This division is adopted pursuant to Article XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the "subdivision ordinance of the City." All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall, nevertheless, apply to all subdivisions, subdivision maps and proceedings under these regulations. Where these regulations may be in conflict with the provisions of the Subdivision Map Act, the provisions of said Act shall govern and shall supersede these regulations. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 453

The purpose of this division and any rules, regulations and specifications adopted pursuant thereto is to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. The regulations contained in this division are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the city. (Ord. No. 406, § 2, 10-28-2008)

A. No land shall be subdivided and developed for any purpose which is inconsistent with the San Ramon General Plan or any applicable specific plan of the city or which is not permitted by TITLE D, Zoning (on file in the city offices) or other applicable provisions of this code. B. The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this division, the type of streets, roads, highways, certain utilities and other public services that shall be provided by the subdivider. (Ord. No. 406, § 2, 10-28-2008)

The regulations set forth in this division shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this division. All subdivisions and any part thereof lying within the city shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this division. (Ord. No. 406, § 2, 10-28-2008)

This division shall not apply to: A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks. B. Mineral, oil or gas leases. C. Land dedicated for cemetery purposes under the California Health and Safety Code. D. A lot line adjustment between four or fewer existing 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 thereby created, provided that, subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved pursuant to sections C5- 110 through C5-114. E. Boundary line or exchange agreements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party. F. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code. G. The conversion of a community apartment project or a stock cooperative to a condominium, as defined by the requirements of Section 66412(g) and 66412(h) of the Subdivision Map Act. H. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city.

City of San Ramon, CA | Municipal Code 454

I. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ity ordinances regulating design and improvements. J. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities. K. The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this chapter shall apply to the sale or transfer, but not leasing of those units. L. Leasing of agricultural land for agricultural purposes such as the cultivation of food or fiber, or the grazing or pasturing of livestock. M. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred square feet. (Ord. No. 406, § 2, 10-28-2008)

A. Whenever a public hearing is held pursuant to this division, notice of the time and place thereof, including a general description of the subject matter shall be given at least ten calendar days before the hearing. Such notice shall be given pursuant to Government Code Section 65091, with copies to any interested agencies, organizations or individuals. B. When the public hearing deals with a subdivision, the notice shall give a general description of the location of the subdivision or proposed subdivision. Within the time limits set forth in subsection A of this section, copies of said notice shall be mailed to the subdivider; to each owner of property, as shown on the latest city-wide assessment roll, located within three hundred feet of the subdivision boundaries per Government Code Section 65091; and to each resident in the subdivision or proposed subdivision. C. Notice also shall be given to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the subdivision. D. In the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given in accordance with Government Code Section 66451.3. E. In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the city shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll. F. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this division. G. A copy of the department report shall be forwarded to the subdivider at least three calendar days prior to the public hearing. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 455

Whenever, in the opinion of the advisory agency, the land involved in any subdivision is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this division, the advisory agency may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. (Ord. No. 406, § 2, 10-28-2008)

Owners of parcels or units of land affected by the provisions of this subsection shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to this section prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this chapter, as required pursuant to Government Code Section 66499.35, the presumption declared in this subsection shall not be operative. A. Any person owning real property or a vendee of that person pursuant to a contract of sale of that real property may request the city engineer to determine whether the real property complies with the provisions of the Subdivision Map Act and this division. A written application for a certificate of compliance shall be accompanied by a preliminary title report not more than six months old that shows the legal owners of the property, and such other documentation as to the creation of the parcel as may be required by the city engineer. Such additional information may include, but is not limited to, legal description, plat map, and closure calculations. B. If the city engineer determines that the real property complies with the provisions of the Subdivision Map Act and this division, the city engineer shall file a certificate of compliance for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this division. C. If the city engineer determines that the real property does not comply with the provisions of the Subdivision Map Act or this division, the city engineer shall issue, and record with the county recorder, a conditional certificate of compliance that may include conditions as allowed under Government Code Section 66499.35. Issuance of a conditional certificate of compliance is not a warranty that a violation can be cured or that a building permit or other grant of approval will be issued. D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. E. Subject to the provisions of Government Code Section 66499.35 (e), an official map prepared pursuant to Government Code Section 66499.52 shall constitute a certificate of compliance with respect to the parcels of real property described therein. F. 1. For purposes of administration of this section, any parcel created prior to March 4, 1972, as the result of a division creating fewer than five parcels shall be conclusively presumed to have been lawfully created if at the time of the creation of the parcel there was compliance with any local ordinance or there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels. 2. Any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of the Map Act and local ordinance. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 456

For the purposes of this division, unless otherwise apparent from the context, the following words and phrases shall be construed as defined herein. All definitions provided in this section and all definitions provided in the Subdivision Map Act shall also be applicable to this division and said definitions are incorporated by this reference as though fully set forth herein. Advisory agency/review authority means a designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps. City engineer means the engineering services director or other person authorized and designated by the city council to perform the functions of a city engineer. Condominium conversion means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property. Design means alignment, grade, size and other details of construction for storm drainage systems, roadway and other miscellaneous improvements as required by the city engineer and such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the San Ramon General Plan, Zoning Ordinance and any applicable specific plan, or the Subdivision Map Act. Final map means a map that delineates the division of land into 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 the conversion of a dwelling into condominium, community apartment, or a stock cooperative containing five or more dwelling units. A subdivision that requires a final map may also be referred to as a major subdivision. General plan means the most current City of San Ramon General Plan Policy document in compliance with Government Code Section 65300. Lot means a parcel or portion of land separate from other parcels or portions by description, as on a subdivision map or parcel map, or by such other map approved by the county or by the city under the provisions of the Subdivision Map Act and of city ordinances in effect at the time of such approval, for the purpose of sale, lease or financing Parcel map means a map that delineates the division of land into four or fewer parcels. Parcel maps may also be used as provided in Government Code Section 66426. A subdivision that requires a parcel map may also be referred to as a minor subdivision. Preliminary tentative map means a tentative map, submitted prior to formal application, which has not yet received a technical review by the city engineer. Standard specifications and details means the City of San Ramon Design and Improvement Standards prepared by the city engineer for public and private improvements. Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

City of San Ramon, CA | Municipal Code 457

Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. This definition shall specifically include condominiums, community apartment projects, stock cooperatives, and conversions Tentative map means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it of five or more parcels by a final map. Tentative parcel map means a map made for the purpose of showing the design and improvement of a proposed subdivision of four or fewer parcels by a parcel map. Vesting tentative map means a tentative map that has printed conspicuously on its face the words "vesting tentative map" at the time it is filed with the city and which is filed to obtain approval for the rights conferred by chapter 4.5 of the Subdivision Map Act. (Ord. No. 406, § 2, 10-28-2008)

Fees for processing applications under this division shall be as provided in the fee schedule as adopted by resolution of the city council. (Ord. No. 406, § 2, 10-28-2008)

C5-12 through C5-20. Reserved. -