Chapter 16.24


16.24.010    Purpose.

16.24.020    Application requirements.

16.24.030    Application review process.

16.24.040    Acceptance or rejection of filing.

16.24.050    Approval by city council.

16.24.060    Appeals process.

16.24.070    Filing process.

    Prior legislation: Ords. 82-1, 86-07, 89-05 and 06-08 and prior code § 9-8(A)(1) through (E).

16.24.010 Purpose.

The purpose of this section is to provide final review and recordation of a final map for any subdivision of land resulting in five or more parcels for which a final map is required by the Subdivision Map Act. (Ord. 08-05 § 1, 2008)

16.24.020 Application requirements.

Following approval or conditional approval of a tentative or vesting tentative map, and prior to the expiration of tentative or vesting tentative map approval, the subdivider may cause the preparation of a final map that meets all the requirements deemed necessary by the planning officer, including the following:

A. Tenant Notification. Each of the tenants of a proposed condominium or community apartment house project has been, or will be, given 180 days’ written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provisions of services, the payment of rent, or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code.

B. Tenant Right to Contract for Purchase. Each of the tenants of a proposed condominium or community apartment house project has been, or will be, given notice of an exclusive right to contract for the purchase of their respective units either upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of at least 90 days from the date of issuance of the subdivision public report, pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the rights.

C. Subdivision Agreement. The subdivision agreement shall be in the form described in HMC 16.04.100.

D. Fee. At the time of filing of the final map, the subdivider shall pay the final map fee as set forth in the current city fee schedule. (Ord. 08-05 § 1, 2008)

16.24.030 Application review process.

The planning officer first examines the final map and accepts or rejects it for filing. Once it has been accepted, the planning officer presents the map to city council, which must make a decision at its next regular meeting. (Ord. 08-05 § 1, 2008)

16.24.040 Acceptance or rejection of filing.

The planning officer shall examine the final map and required documents submitted. If he or she determines that the surveys are correct and that such map is technically correct and substantially conforms to the approved tentative or vesting tentative map and the required documents submitted are in order, he or she shall so certify on such map. If he or she shall find that full conformity has not been made, he or she shall so advise the subdivider and afford him or her an opportunity to make the necessary change. (Ord. 08-05 § 1, 2008)

16.24.050 Approval by city council.

The planning officer shall present the final map to the city council. The city council shall, at its next regular meeting, approve the map if it conforms to all the requirements of law and the provisions of this chapter. The city council shall, at the time of its action thereon, accept or reject any and all offers of dedication of streets and other easements. (Ord. 08-05 § 1, 2008)

16.24.060 Appeals process.

The appeals process for the decision of the city council shall be as described in HMC 16.04.120. (Ord. 08-05 § 1, 2008)

16.24.070 Filing process.

Upon the approval of any final map, the city clerk shall forthwith submit the map to the clerk of the county with instructions to the county recorder to record said map. (Ord. 08-05 § 1, 2008)