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HomeMy WebLinkAboutDivision 5 of the Development Code - DRAFT Subdivisions 9105.23 – Residential Condominiums Conversions 1 9105.01.060 Advisory Agency A. Advisory Agency 1. The designated advisory agencies specified in this Subsection 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. 2. Any advisory agency shall have the authority to refer an application to the Commission or Council for action, as indicated in Table 5-1 (Subdivision Review Authorities), below. 3. Notwithstanding the provisions of this Subsection, any application filed in compliance with this Section that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Division 7 (Permit Processing Procedures). Table 5-1 Subdivision Review Authorities Role of Review Authority(1) Type of Decision Applicable Section or Subsection Director City Engineer Commission Council(2) Amendments to Approved Tentative Maps 9105.03.120 Decision Appeal Appeal Certificates of Compliance 9105.07.020 Decision Recommend Appeal Appeal Correction and Amendments to Recorded Maps 9105.03.070 Decision Appeal Decision/ Appeal Extensions of Time – Tentative Maps, in compliance with Section 9105.03.110 (Tentative Map Expiration and Extensions) 9105.03.110 Decision Recommend Appeal Appeal Final Parcel Maps, Without Dedications 9105.05 Recommend Decision Appeal Appeal Final Parcel Maps, With Dedications 9105.05 Recommend Recommend Decision Appeal Decision Final Tract Maps, Vesting Tract Maps 9105.03.100 Recommend Recommend Decision Lot Line Adjustments 9105.07.030 Decision Recommend Appeal Appeal Lot Mergers 9105.07.040 Decision Recommend Appeal Appeal Modifications to Lot Area, Depth, and Width Requirements 9105.09.030 Decision Appeal Reversion to Acreage 9105.07.050 Recommend Decision Subdivision Improvement Plans 9105.09.060 Decision Appeal Appeal Tentative Tract Maps, Vesting Tentative Maps 9105.03 Recommend Decision Appeal Tentative Parcel Maps, Vesting Tentative Parcel Maps 9105.03 Recommend Decision Appeal Tentative Parcel Maps, With Dedications 9105.05 Recommend Decision Appeal Waiver of Parcel Maps 9105.05.020 Decision Appeal Appeal Notes: (1) "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 9108.07 (Appeals); "Recommend" means that the review authority makes a recommendation to a higher decision-making review authority. (2) Decisions of the Council may not be appealed. B. Appeal Authorities 1. The Commission shall be the review authority for any appeal of a decision of the City Engineer or Director, except when dealing with any maps containing dedications. 9105.23 – Residential Condominium Conversions 2 2. The Council shall be the review authority for any appeal of a decision of the Commission. C. City Engineer. The City Engineer shall be responsible for all of the following: 1. Establishing subdivision and public improvement design and construction details, standards, and specifications. 2. Determining whether proposed subdivision improvements comply with the provisions of this Division and the Act. 3. Inspecting and approving subdivision improvements. 4. Review authority on amendments to recorded maps, extensions of time on tentative maps, final parcel maps with and without dedications, lot mergers, subdivision improvement plans, and waiver of parcel maps. 5. Providing assistance to the Director on the review of amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications. D. Director. The Director shall be responsible for all of the following: 1. Accepting certificate of compliance, lot line adjustment, parcel map, reversion to acreage, tentative map, vesting tentative map, and similar applications for processing; and distributing the application materials to appropriate agencies and City departments for review. 2. Investigating tentative map applications for conformity to the General Plan, applicable specific plans, and this Development Code, and in consultation with other City departments, recommending action to the Commission. 3. 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. 4. Certifying amended maps, final maps, and reversion to acreage maps for substantial compliance with approved tentative maps. 5. Review authority on amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications. E. Commission. The Commission shall be responsible for all of the following: 1. Taking action to recommend approval, conditional approval, or denial of condominiums/conversions, tentative tract map applications, and reversion to acreage maps to the Council. 2. Hearing appeals of decisions of the City Engineer and Director. 3. Reviewing and taking action to approve, conditionally approve, or deny commercial condominium and residential condominium conversion applications. F. Council. The Council shall be responsible for all of the following: 1. Accepting offers of dedication and improvements for divisions of land resulting in five or more lots. 2. Review authority on amendments to recorded maps, condominiums/conversions, tentative and final parcel maps with dedications, tentative and final tract maps, and reversions to acreage maps. 3. 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 filed in compliance with the requirements of this Development Code. 9105.05.50 Final Tract or Parcel Map Approval and Recordation After determining that the map is in compliance with Subsection 9105.05.030 (Final Map and Parcel Map Form and Content), above, and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Government Code Section 66442, and forward the map to the City Clerk for Council action in the following manner. G. Applicable Review Authority. The applicable review authority is specified in Table 5-1 (Subdivision Review Authorities). H. Review and Approval by the Review Authority 1. Timing of Review Authority’s Review. The review authority shall approve or deny the map after it receives the map from the City Engineer or, in the case of the Council, at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the Director and the subdivider. 2. Criteria for Approval a. The review authority shall approve the map if it conforms to all of the requirements of the Act, all provisions of this Development Code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map and all conditions of approval. b. If the map does not conform, the review authority shall not approve the map. c. Where a map does not include any offers for dedication or improvement, the Director shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and this Section. If the map(s) does not conform, it shall not be approved. 3. Applicable Ordinances, Policies, and Standards. In determining whether to approve or deny a map, the review authority shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2. 4. Action Not to Approve a Final Tract or Parcel Map a. If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this Section, the denial shall be accompanied by findings identifying the requirements which have not been met or performed. b. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council or, in the case of a map not involving any offers of dedication or improvement four or fewer parcels, the Director, does not materially affect the validity of the map. I. Map with Dedications 1. If a dedication or offer of dedication is required on the map, the Council or City Engineer shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map. 2. If the Council or City Engineer rejects the offer of dedication, the offer shall remain open and may be accepted by the Council or City Engineer at a later date in compliance with Government Code Section 66477.2. 3. Any termination of an offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9. 9105.23 – Residential Condominium Conversions 4 J. Map with Incomplete Improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into an agreement with the City as specified in Government Code Section 66462, and Subsection 9105.09.070 (Improvement Agreement Required), as a condition precedent to the approval of the map. K. Recording of Final Tract and Parcel Maps 1. After action by the review authority to approve the map, and after the required signatures and seals have been affixed, together with the filing fee(s) in compliance with the Fee Schedule, the City Clerk shall transmit the map back to the City Engineer. 2. The City Engineer shall establish an appointment with the County Recorder for filing. 3. The County Recorder shall oversee the recording of the map. 9105.09.070 Improvement Agreement Required If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final map is approved, the subdivider shall, before the approval of the parcel or final map, enter into an improvement agreement with the City where in consideration of the acceptance by the Council or City Engineer of the streets, easements, and any other land offered for dedication, the subdivider and the subdivider's contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement in compliance with Government Code Section 66499.3. 9105.11.20 Dedications D. Acceptance of Dedications 1. Council Action and Certification a. At the time the Council or City Engineer approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. b. The City Clerk shall certify on the map the action of the Council or City Engineer. 2. Deferred Acceptance a. If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure Section 771.010, the offer of dedication shall remain open and the Council or City Engineer may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use, in compliance with Subparagraph B. 2. (Future Dedication), above. b. The acceptance shall be recorded in the office of the County Recorder.