Chapter 16.04
REVIEW AUTHORITY

Sections:

16.04.005    Purpose of provisions.

16.04.010    City council.

16.04.020    Planning commission.

16.04.030    Community development director/subdivision hearing officer.

16.04.040    City public works director.

16.04.050    City attorney.

16.04.060    City clerk.

16.04.070    County recorder.

16.04.005 Purpose of provisions.

This chapter describes the duties and responsibilities of those authorized to review and act on subdivisions governed by these regulations. (Ord. 1490 § 3 (part), 2006)

16.04.010 City council.

A. The city council shall review and have final approval authority for:

1. Subdivisions processed in conjunction with a rezoning or any amendment to either the zoning regulations or the general plan.

2. Subdivision improvement agreements, and the acceptance by the city of lands and/or improvements as may be proposed for dedication in conjunction with final maps.

3. Right-of-way abandonment.

B. The city council shall act on all appeals of action taken by the planning commission on subdivisions governed by these regulations. (Ord. 1490 § 3 (part), 2006)

16.04.020 Planning commission.

The planning commission shall review and make recommendations on:

A. All tentative map applications for subdivisions of five or more lots or units. The commission’s action shall be in the form of a recommendation to city council for approval, conditional approval, or denial.

B. Tentative map applications that also involve concurrent processing of a rezoning, an amendment to the zoning regulations or the general plan, residential condominium conversion, or any other legislative action. The commission’s action shall be in the form of a recommendation to city council for approval, conditional approval, or denial.

C. Tentative maps for minor subdivisions with requested exceptions to subdivision standards, providing they are not in conjunction with items listed in subsection B of this section. The commission may take final action on these items.

D. Residential condominium conversion requests. The commission’s action shall be in the form of a recommendation to city council for approval, conditional approval, or denial. (Ord. 1490 § 3 (part), 2006)

16.04.030 Community development director/subdivision hearing officer.

A. The director shall review and have the authority to act on:

1. Tentative maps for minor subdivisions not in conjunction with a rezoning, an amendment to either the zoning regulations or the general plan, residential condominium conversion, or any other legislative action.

2. Lot line adjustments.

3. Lot combinations (voluntary mergers).

4. Certificates of compliance.

5. Conditional certificates of compliance.

6. Commercial condominium conversions together with a tentative map for projects eligible to record a parcel rather than a final map, pursuant to Section 66426(c) of the Subdivision Map Act.

7. Parcel map waivers.

8. Time extension requests for filing parcel or final maps.

9. Minor amendments to tentative maps (see Section 16.10.160).

B. The director shall be responsible for responding to any notice of violation pursuant to Section 66499.36 of the Subdivision Map Act.

C. The director may appoint a subdivision hearing officer to act on any or all of the subdivision projects within the purview of the director as authorized by these subdivision regulations.

D. The director, at his or her sole discretion, may refer subdivision projects within the purview of the director to the planning commission or city council for action. (Ord. 1490 § 3 (part), 2006)

16.04.040 City public works director.

A. The city public works director (or designee of) shall be responsible for:

1. Developing public improvement design standards and construction details and specifications for subdivision improvements, consistent with land use development and conservation goals stated in the general plan and all implementing ordinances and guideline documents.

2. Reviewing all subdivision projects to determine if proposed subdivision improvements comply with the provisions of these and other city regulations and with the Subdivision Map Act.

3. Processing parcel and final maps, and reversion to acreage maps, to determine if they are in substantial compliance with approved or conditionally approved tentative maps, and certifying such by signature on the parcel or final maps to be filed with the county recorder.

4. Inspection and approval or rejection of subdivision improvements.

5. Recording notices of completion of private subdivision improvements that are not to be maintained by the city.

6. Coordinating the filing of all maps and associated documents and exhibits with the county recorder.

B. The city public works director (or designee of) shall make recommendations to accept, accept subject to improvement, or reject lands and/or improvements as may be proposed for dedication to the city for minor subdivisions, and shall so certify by signature on the parcel map. (Ord. 1490 § 3 (part), 2006)

16.04.050 City attorney.

The city attorney shall be responsible for approving as to form all subdivision improvement agreements, easements, and offers of dedication. The city attorney shall also review and approve as to form any notice of violation before it is forwarded to the county recorder. (Ord. 1490 § 3 (part), 2006)

16.04.060 City clerk.

The city clerk shall certify actions taken by the city council by signature on: (A) all resolutions approving subdivisions acted on by the council; and (B) the title sheet of the parcel or final maps. (Ord. 1490 § 3 (part), 2006)

16.04.070 County recorder.

The county recorder is responsible for entering all maps and documents to be recorded into the official public record. The date of recordation is the date on which a subdivision is established for purposes of these regulations. The recorder certifies maps as acceptable for recordation by signature on the title sheet of the parcel or final map.

 

Table 1—Level of Review by Subdivision Project

Application Type

Decision Maker

Appeal Body

Environmental Review?

Lot line adjustment, lot combination (voluntary merger)

Director

(no hearing)

Planning commission

No*

Certificate of compliance

Director

(no hearing)

Planning commission

No*

Conditional certificate of compliance

Hearing officer

Planning commission

No*

Tentative map for subdivision of four or fewer lots with no concurrent rezoning or other legislative action(1)

Hearing officer

Planning commission

No*

Tentative map for subdivision of four or fewer lots with exceptions but no concurrent rezoning or other legislative action

Planning commission

Council

Yes

Parcel map

City public works director

(no hearing)

Council

No*

Tentative map for subdivision of five or more lots, and all other maps with concurrent processing of rezoning or other legislative action

Planning commission reviews/recommends; council takes final action

Yes

Final map

Council

No*

Residential condominium conversion

Planning commission reviews; council takes final action

No

Commercial condominium conversion

Director

Council

No*

Reversion to acreage

Planning commission

Council

No*

Minor amendments to tentative maps and time extensions

Director

Planning commission

No*

*    Environmental review may be required if the director determines there are special site-specific circumstances such as significant slopes or cultural and natural resources, or if exceptions are requested.

(1)    Some maps involving commercial property with greater than four lots may fit this category.

(Ord. 1490 § 3 (part), 2006)