Chapter 17.05
GENERAL PROVISIONS
Sections:
Article I. Introductory Provisions
17.05.010 Title and authority.
17.05.040 Compliance required.
17.05.060 Conflicts with Map Act.
Article II. Administration and Common Procedures
17.05.090 Application submittal and review.
17.05.100 Public notice and hearings.
17.05.110 Appeals and calls for review.
17.05.120 Violations and enforcement.
17.05.130 Certificate of compliance.
Article III. Maps Required
17.05.150 Major subdivisions (five or more parcels).
17.05.160 Minor subdivisions (four or fewer parcels).
17.05.180 Designated remainder, omitted areas.
Article I. Introductory Provisions
17.05.010 Title and authority.
This title shall be known and cited as the Subdivision Ordinance of the City of Concord and referred to in this title as the “Subdivision Ordinance” or “this title.” This title is adopted pursuant to the authority in California Government Code Section 66410 et seq., referred to in this title as the “California Subdivision Map Act” or “Map Act.”
(Ord. No. 17-9 (Exh. A))
17.05.020 Purpose.
(a) General. This title is adopted to implement the California Subdivision Map Act and to protect the health, safety, and general welfare of the residents of the City of Concord.
(b) Specific. This title is intended to:
(1) Implement the general plan, specific plans, and other adopted plans and policies of the City of Concord relative to the subdivision of land and development of subdivisions.
(2) Facilitate and ensure orderly development of lands in the City of Concord.
(3) Establish responsibilities by the City Engineer, Community and Economic Development Department, Design Review Board, Zoning Administrator, Planning Commission, City Council, and City Attorney in the administration of this title.
(4) Establish requirements for the preparation, processing, and filing of tentative maps, parcel maps, and final maps in a manner consistent with the Map Act and other applicable law.
(5) Establish procedures and requirements for dedications, reservations, and vacations required as conditions of subdivision approval.
(6) Ensure that the design of subdivisions and subdivision improvements advances community goals expressed in the general plan and other applicable city plans and policies.
(7) Establish requirements for land divisions, mergers, reversions, and lot line adjustments not governed by the Map Act.
(8) Establish requirements for the establishment of new condominiums and the conversion of existing properties into condominiums.
(Ord. No. 17-9 (Exh. A))
17.05.030 Applicability.
(a) General. This title applies to all subdivisions of land within the City of Concord except for exceptions granted by the Map Act as identified in subsection (b) of this section (Exceptions).
(b) Exceptions. This title shall not apply to projects exempt from Map Act requirements as specified in Government Code Sections 66412, 66412.1, 66412.2 and 66412.5 or as stated elsewhere in the Map Act.
(Ord. No. 17-9 (Exh. A))
17.05.040 Compliance required.
(a) Prior to the subdivision of any land in the City of Concord, the subdivider shall conform to and comply with the requirements of this title.
(b) No land shall be subdivided or developed for any purpose that is not in conformity with the general plan, any applicable specific plan, or any title of the Concord Municipal Code, including but not limited to Title 18 (Development Code).
(c) The city may not approve a subdivision or issue a certificate of compliance that would create or recognize a lot inconsistent with the requirements of this title or the Development Code.
(Ord. No. 17-9 (Exh. A))
17.05.050 Severability.
The articles, sections, paragraphs, sentences, clauses, and phrases of this title are severable. If any provision of this title or the application of this title to any person or circumstance is held invalid, the remainder of this title or the application of a provision to other persons or circumstances shall not be affected.
(Ord. No. 17-9 (Exh. A))
17.05.060 Conflicts with Map Act.
In the event of any conflict between this title and the Map Act, the Map Act shall govern unless local divergence is permitted.
(Ord. No. 17-9 (Exh. A))
Article II. Administration and Common Procedures
17.05.070 Responsibilities.
This article describes the role of the City Engineer, Community and Economic Development Department, Design Review Board, Zoning Administrator, Planning Commission, City Council, and City Attorney in the administration of this title.
(a) Review authority. Table 17.05-1 identifies the review authority for subdivision maps and other approvals required by this title.
(b) City Engineer.
(1) The responsibilities of the City Engineer include the following:
a. Serving as the decision-making authority on approvals as listed in Table 17.05-1.
b. Making recommendations to the Zoning Administrator, Planning Commission, or City Council on approvals as listed in Table 17.05-1.
c. Establishing subdivision design and construction details, standards, and specifications.
d. Determining if proposed subdivision improvements comply with this title, the Map Act, and conditions of approval.
e. The inspection and approval of subdivision improvements.
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Role of Review Authority |
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|---|---|---|---|---|
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Zoning Administrator |
City Engineer |
Planning Commission |
City Council |
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Minor Subdivisions (less than five parcels) |
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|
|
|
|
Tentative Maps and Vesting Tentative Maps |
Decision |
Recommend |
Appeal |
Appeal |
|
Parcel Maps |
Recommend |
Decision |
Appeal |
Appeal |
|
Tentative Map and Vesting Tentative Map Amendments |
Decision |
Recommend |
Appeal |
Appeal |
|
Parcel Map Amendments |
Recommend |
Decision |
Appeal |
Appeal |
|
Major Subdivisions (five or more parcels) |
|
|
|
|
|
Tentative Maps and Vesting Tentative Maps |
Recommend |
Recommend |
Decision |
Appeal |
|
Final Maps |
Recommend |
Recommend |
— |
Decision |
|
Minor Changes to Tentative Maps and Vesting Tentative Maps |
Recommend |
Decision |
Appeal |
Appeal |
|
Substantive Changes to Tentative Maps and Vesting Tentative Maps |
Recommend |
Recommend |
Decision |
Appeal |
|
Final Map Amendments to Correct Errors and Omissions |
Recommend |
Decision |
Appeal |
Appeal |
|
Amendment to a Final Map to Reflect Changed Circumstances |
Recommend |
Recommend |
— |
Decision |
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Other Decisions |
|
|
|
|
|
Dedications and Reservations for Major Subdivisions |
Recommend |
Recommend |
— |
Decision |
|
Dedications and Reservations for Minor Subdivisions |
Recommend |
Decision |
— |
Appeal |
|
Improvement Agreements and Deferred Improvement Agreements |
Recommend |
Approve |
— |
Appeal |
|
Improvement Securities |
— |
Approve |
— |
Appeal |
|
Parcel Mergers |
Recommend |
Decision |
Appeal |
Appeal |
|
Lot Line Adjustment |
Recommend |
Decision |
Appeal |
Appeal |
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Certificate of Compliance |
Recommend |
Decision |
— |
Appeal |
|
Reversion to Acreage |
— |
Recommend |
— |
Decision |
f. Accepting dedications and improvements for minor subdivisions and off-site dedications lying outside a subdivision boundary that require a separate grant deed.
g. Processing applications and collecting fees and deposits for materials requiring approval of the City Engineer, Zoning Administrator, Planning Commission, or City Council.
(2) When necessary to carry out these responsibilities, the City Engineer may designate and authorize a representative to act on the City Engineer’s behalf.
(c) Community and Economic Development Department. The responsibilities of the Community and Economic Development Department include the following:
(1) Processing applications and collecting fees and deposits for approvals required by this title and other city codes and ordinances.
(2) Reviewing applications for compliance with city requirements.
(3) Verifying that all subdivisions and other approvals required by this title comply with the general plan, Development Code, and applicable specific plans.
(4) Ensuring that subdivision maps and the city’s review process complies with the Map Act and other legal requirements.
(5) Completing environmental review of proposed subdivisions as required by the California Environmental Quality Act (CEQA).
(6) Ensuring that public notice and hearing for proposed subdivisions is given in accordance with this title and applicable state laws and other city codes and ordinances.
(7) Completing other tasks in the administration of this title as assigned by the City Engineer, Design Review Board, Zoning Administrator, Planning Commission, and City Council.
(d) Design Review Board. The Design Review Board is responsible for providing recommendations on the design of proposed subdivisions subject to design and site review in accordance with Chapter 18.415 (Design and Site Review).
(e) Zoning Administrator.
(1) The responsibilities of the Zoning Administrator include the following:
a. Serving as the decision-making authority on approvals as listed in Table 17.05-1.
b. Making a recommendation to the City Engineer, Planning Commission, or City Council on approvals as listed in Table 17.05-1.
(2) When necessary to carry out the responsibilities above, the Zoning Administrator may designate and authorize a representative to act on the Zoning Administrator’s behalf.
(f) Planning Commission. The responsibilities of the Planning Commission include the following:
(1) Serving as the decision-making authority on approvals as listed in Table 17.05-1.
(2) Serving as the appeal body for decisions of the Zoning Administrator and City Engineer as shown in Table 17.05-1.
(g) City Council. The responsibilities of the City Council include the following:
(1) Serving as the decision-making authority on approvals as listed in Table 17.05-1.
(2) Accepting dedications and reservations for major subdivisions.
(3) Serving as the appeal body for decisions of the Planning Commission and City Engineer as shown in Table 17.05-1.
(h) City Attorney. The responsibilities of the City Attorney include reviewing and approving as to form all:
(1) Subdivision improvement agreements; improvement securities; maintenance agreements; and covenants, conditions, and restrictions (CC&Rs).
(2) Governing documents for condominiums.
(3) Dedication instruments separate from a final map.
(4) Other miscellaneous agreements and instruments related to the subdivision of land.
(Ord. No. 17-9 (Exh. A))
17.05.080 Interpretation.
The Community and Economic Development Department has the authority to interpret any provision of this title or its application to a specific property. Whenever the Department determines that the meaning or applicability of a requirement is subject to interpretation, the Department may issue an official interpretation. The Department may also refer any issues of interpretation to the Planning Commission for their determination. The Department shall keep a record of interpretations made in compliance with this section, which shall be available for public review.
(Ord. No. 17-9 (Exh. A))
17.05.090 Application submittal and review.
This section establishes procedures for the preparation, filing, and processing of applications for approvals required by this title.
(a) Application preparation and filing.
(1) Application contents.
a. All applications shall be filed with the Community and Economic Development Department on an official city application form.
b. Applications shall be filed with all required fees, information, and materials as specified by the Community and Economic Development Department.
(2) Eligibility for filing.
a. An application may only be filed by the property owner or the property owner’s authorized agent.
b. The application shall be signed by the property owner or the property owner’s authorized agent if written authorization from the owner is filed concurrently with the application.
(b) Application fees and deposits.
(1) Requirement of payment.
a. The city may begin processing the application only after all required fees have been paid.
b. Failure to pay any required supplemental application fees is a basis for denial or revocation of an application.
(2) Refunds and withdrawals.
a. Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in reviewing and processing applications. Consequently, the city will not refund fees for a denied application.
b. In the case of an application withdrawal, the Community and Economic Development Director may authorize a partial refund of a deposit account based upon the prorated costs to date and the status of the application at the time of withdrawal.
c. Flat fees submitted in conjunction with an application are nonrefundable.
(c) Applications deemed withdrawn.
(1) Response required. If an applicant does not pay required supplemental fees or provide information requested in writing by the city within six months following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city.
(2) Resubmittal. After the expiration or withdrawal of an application, future city consideration shall require the submittal of a new complete application and associated filing fees.
(Ord. No. 17-9 (Exh. A))
17.05.100 Public notice and hearings.
When public notice and hearing is required by this title, such notice and hearing shall be given as specified in Chapter 18.500 (Public Hearings).
(Ord. No. 17-9 (Exh. A))
17.05.110 Appeals and calls for review.
All decisions of the City Engineer, Design Review Board, Zoning Administrator, and Planning Commission as required by this title may be appealed or called up for review as specified in Chapter 18.510 (Appeals and Calls for Review).
(Ord. No. 17-9 (Exh. A))
17.05.120 Violations and enforcement.
(a) General. The city shall enforce this title in compliance with Government Code Sections 66499.30 through 66499.37 and Chapter 1.05 (General Provisions).
(b) Penalty for violation. Penalties for violation of this title include:
(1) Imprisonment and/or fine (Government Code Section 66499.31);
(2) Invalidation of conveyance (Government Code Section 66499.32);
(3) Other legal action (Government Code Section 66499.33);
(4) Denial of permits and approvals (Government Code Section 66499.34); and
(5) Conditions of approval (Government Code Section 66499.34).
(c) Notice of violation. If the city has knowledge that property may have been divided in violation of this title or the Map Act, the city shall conduct notice of violation proceedings in accordance with Government Code Section 66499.36.
(Ord. No. 17-9 (Exh. A))
17.05.130 Certificate of compliance.
(a) General.
(1) A property owner may request through a certificate of compliance a determination by the City Engineer that a parcel complies with this title and the Map Act.
(2) The city shall process and approve or deny an application for a certificate of compliance in compliance with this section and Government Code Sections 66499.34 and 66499.35.
(b) Application. An application for the approval of a certificate of compliance shall be filed with the City Engineer and include the information required by the City Engineer together with any required fee.
(c) City Engineer review and action.
(1) The City Engineer shall review the completed application in light of public records and applicable law.
(2) If the City Engineer is able to determine from this review that the parcel is in compliance with this title and the Map Act, a certificate of compliance shall be issued by the City Engineer and delivered to the County Recorder for recordation.
(3) If the City Engineer is unable to determine from this review that the parcel is in compliance, the procedures specified in Government Code Section 66499.35 shall apply.
(d) Effect. A certificate of compliance shall serve only to officially determine whether a parcel conforms to the requirements of this title and the Map Act and does not grant any right to develop the parcel.
(Ord. No. 17-9 (Exh. A))
Article III. Maps Required
17.05.140 General.
(a) City approval required. The subdivision of an existing parcel into two or more parcels requires city approval in accordance with this title and the Map Act.
(b) Types of maps. A proposed subdivision first requires city approval of a tentative map or vesting tentative map and then city approval of a parcel map (for a subdivision that results in four or fewer parcels) or a final map (for a subdivision that results in five or more parcels) to complete the subdivision process.
(c) Tentative map. The city’s review of a tentative map or vesting tentative map evaluates the compliance of the proposed subdivision with applicable city standards, and the appropriateness of the proposed subdivision design.
(d) Parcel and final maps. Parcel maps and final maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.
(e) Lot line adjustments. A tentative map, parcel map or final map is not required for adjustments to lot lines of four or fewer lots where land is taken from one lot and added to an adjacent lot and no additional lots are created. Lot line adjustments may be approved in accordance with Article III (Lot Line Adjustments) of Chapter 17.25 (Reversions, Mergers, and Lot Line Adjustments).
(Ord. No. 17-9 (Exh. A))
17.05.150 Major subdivisions (five or more parcels).
(a) Tentative map and final map. A tentative map and a final map are required for all subdivisions creating 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 for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.
(b) Tentative parcel map and parcel map. A tentative parcel map and a parcel map (but not a final map) is required where any one of the following occurs:
(1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the City Council.
(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.
(3) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths.
(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
(5) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.
(Ord. No. 17-9 (Exh. A))
17.05.160 Minor subdivisions (four or fewer parcels).
A tentative parcel map and a parcel map are required for all divisions of land into four or fewer parcels, except that a tentative parcel map and parcel map are not required for the following:
(a) Right-of-way subdivisions. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, that are created by short-term leases terminable by either party on not more than 30 days’ notice in writing.
(b) Conveyances. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. Land conveyed to or from a governmental agency includes a fee interest, a leasehold interest, an easement, or a license.
(c) Lot line adjustments. Lot line adjustments that meet the requirements of Section 17.25.130 (When allowed).
(Ord. No. 17-9 (Exh. A))
17.05.170 Map waivers.
(a) Waiver of tentative parcel maps and parcel maps. The city may waive the requirement for a tentative parcel map and a parcel map in accordance with Government Code Section 66428.
(b) Mobile home parks. The city shall waive the requirement for subdivision maps for the conversion of a mobile home park to resident ownership in accordance with Government Code Section 66428.1.
(Ord. No. 17-9 (Exh. A))
17.05.180 Designated remainder, omitted areas.
(a) When allowed. As provided in Government Code Section 66424.6, a subdivider of unimproved land may designate as a remainder or omit entirely that area which is not divided for the purpose of sale, lease, or financing.
(b) Not counted as parcel. The designated remainder or omitted area shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.
(c) Required documentation. The remainder or omitted area shall be shown and labeled on the required maps as part of the original parcel from which the subdivision occurred. At the time of submittal of the tentative parcel map or tentative map application, the subdivider shall provide a written declaration certifying that the remainder or omitted area is not intended for the purpose of sale, lease, or financing.
(d) Timing of improvements and fees. The fulfillment of construction requirements for improvements and payment of improvement fees for a remainder or omitted area shall be consistent with the requirements in Government Code Section 66424.6.
(e) Certificate of compliance required. A designated remainder or omitted parcel may not be sold until a certificate of compliance or conditional certificate of compliance is obtained in accordance with Section 17.05.130 (Certificate of compliance).
(Ord. No. 17-9 (Exh. A))