Chapter 17.02 — GENERAL PROVISIONS

A.

The provisions of this title are intended to supplement, implement and work with the California Subdivision Map Act, referred to in this title as the Act, as specified in Government Code Sections 66410 et seq., for the purpose of regulating the design and improvement of divisions of land within the city, as those sections may be replaced or amended from time to time.

B.

This title is not intended to replace the Act but is expected to be used in conjunction with the Act in the preparation of subdivision applications, in conjunction with the review, approval and improvement of proposed subdivisions.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

This Title 17 shall be referred to as the city's "subdivision ordinance."

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The provisions of this chapter are adopted pursuant to the Subdivision Map Act (Section 66410 et seq. of the Government Code, hereafter "Act") for the purpose of regulating the design and improvement of subdivisions.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Applicability of Chapter.

No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this title and the Act, Government Code Sections 66410 et seq.

This title shall apply to all divisions of land, except those exempted by Government Code Sections 66412, 66412.1, 66412.2 and 66412.5.

In the event of divisions of land not subject to this title and/or the Act, a certificate of compliance, as described in Government Code Section 66499.35, shall be issued on a form prescribed by the director.

B.

Each division of land within the city shall be authorized through the approval of a map, or a waiver, as appropriate, in compliance with this title.

C.

In the event of any conflicts between the provisions of this title and the Act, the Act shall control.

D.

The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Pursuant to the Subdivision Map Act, the following designations are made:

A.

Advisory Agency.

The designated advisory agencies specified in this section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions on these applications and shall have the authority to act upon the applications as specified below.

The advisory agency shall have the authority to refer an application to the planning commission or council for action, as indicated in Table 17-1 (Subdivision Review Authorities), below.

Notwithstanding the provisions of this section, any application filed in compliance with this title that has an associated permit application subject to action by the planning commission or council, the application shall also be subject to those same review and hearing requirements for the associated permit application, in compliance with Table 17-1 (Review Authority).

B.

Appeal Boards.

The planning commission shall be the review authority for any appeal of a decision of the city engineer or director.

The council shall be the review authority for any appeal of a decision of the planning commission.

C.

City Engineer. The city engineer shall be responsible for all of the following.

Establishing subdivision and public improvement design and construction details, standards and specifications.

Determining whether proposed subdivision improvements comply with the provisions of this title and the Act.

Inspecting and approving subdivision improvements.

Approval of amendments to recorded maps, subdivision improvement plans and waiver of parcel maps.

Providing assistance to the director on the review of certificates of compliance, final parcels maps, final tract maps and vesting final maps.

Table 17-1 Role of Review Authority (1) Required Subdivision Review Authorities Findings

Type of Applicable Director City Engineer Planning Council (2) Decision Section Commission

Amendments 17.06.090 Recommend Decision Appeal 17.06.090(G) to Approved Tentative Maps (Minor)

Amendments 17.08.060 Recommend Decision 17.08.060 to Recorded (A)(6) Maps

Certificates of 17.10.020 Decision Recommend 1 st Appeal 2 nd Appeal N/A Compliance

Extensions of 17.06.080 Decision 1 st Appeal 2 nd Appeal 17.06.080(D) Time - Tentative Maps

Final Parcel 17.08.030 Recommend Decision N/A Maps

Final Tract 17.08.020 Recommend Decision N/A Maps, Vesting Tract Maps

Lot Line 17.10.030 Decision 1 st Appeal 2 nd Appeal 17.10.030(C) Adjustments

Parcel Mergers 17.10.040 Decision 1 st Appeal 2 nd Appeal N/A

Reversion to 17.10.050 Recommend Decision Appeal 17.10.050(D) Acreage

Improvement 17.12.060 Decision 1 st Appeal 2 nd Appeal N/A Plans

Tentative Tract 17.06.020, Recommend Recommend Decision Appeal 17.06.030(D) Maps, 17.06.070 Vesting Tentative Tract Maps

Tentative 17.06.020 Recommend Recommend Decision Appeal 17.06.030(D) Parcel Maps

Waiver of 17.08.040 Decision 1 st Appeal 2 nd Appeal N/A Parcel Maps

Notes:

"Decision" means that the approval authority makes the final decision on the matter; "appeal" means that the approval authority may consider and decide upon appeals to the decision of an earlier decision-making body; "recommend" means that the review authority makes a recommendation to the decision-making authority.

All decisions of the city council are final.

D.

Director. The director shall be responsible for all of the following:

Accepting certificate of compliance, lot line adjustment, parcel map, vesting parcel map, parcel merger, reversion to acreage, tentative tract map, vesting tentative tract map and similar applications for processing; and distributing the application materials to appropriate agencies and City departments for review.

Evaluating tentative map applications for conformity to the general plan, zoning ordinance, and applicable specific plans, and in consultation with other city departments and agencies, recommending action to the planning commission.

Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.

Review authority on tentative tract maps, vesting tentative tract maps, tentative parcels maps and vesting tentative parcel maps.

Approval authority for lot line adjustments, parcel mergers and certificates of compliance and extensions of time.

E.

Planning Commission. The planning commission shall be responsible for all of the following:

Hearing appeals of decisions of the city engineer and director.

Approval authority on tentative parcel and maps, reversion to acreage, tentative tract maps and vesting tentative tract maps.

F.

Council. The city council shall be responsible for all of the following:

Accepting offers of dedication and improvements for divisions of land resulting in five or more parcels.

Hearing appeals of decisions of the city engineer, director and planning commission.

Approval authority on all final parcel maps, final tract maps, and reversion to acreage.

Taking action to approve, conditionally approve, or deny any application referred by another review authority or by appeal, or any land division application with an associated permit application.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Any subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with this title and the Act. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval and recordation in the office of the county recorder, after clearance of all conditions of approval, of a final map to complete the subdivision process. The city's review of a tentative map evaluates the compliance of the proposed subdivision with applicable city standards, and the appropriateness of the proposed subdivision design. Final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries and public improvements in an approved subdivision.

A.

Tentative Map Requirements.

Parcel Map. The filing and approval of a tentative parcel map is required for a subdivision of four or fewer parcels, as authorized by Government Code Section 66428; and

Tract Map. The filing and approval of a tentative tract map is required for a subdivision of five or more parcels, except those subdivisions excluded by Government Code Section 66426.

B.

Final Map Requirements. A final map (Chapter 17.08) shall be required as follows.

Final Parcel Map. The filing and approval of a final parcel map (Chapter 17.08) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Government Code Article 2, Chapter 1, unless a waiver is authorized pursuant to 17.08.050.

Final Tract Map. The filing and approval of a final tract map (Chapter 17.08) shall be required for a subdivision of five or more parcels, except a subdivision that is otherwise authorized to have a final parcel map by Government Code Section 66426.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

By resolution, the city council shall set appropriate filing and processing fees which shall apply to all subdivisions and other divisions of land contemplated by the Act.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Exemptions. Those activities specified by Government Code Sections 66411, 66412, 66412.1, 66412.2 and 66426.5, or other applicable Act provision not subject to the requirements of the Act, and/or not considered to be divisions of land for the purposes of the Act, shall be exempt from the subdivision approval requirements of this title.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)