Chapter 17.20
MAPS: GENERAL PROCEDURAL REQUIREMENTS
Sections:
17.20.010 Regulations generally.
17.20.020 Summary of types of maps.
17.20.030 Designated remainder.
17.20.040 Public hearings – When required.
17.20.050 Public hearings – Notice.
17.20.060 Appeals.
17.20.070 Fees.
17.20.080 Time limit extensions.
17.20.090 Review by other agencies.
17.20.100 Recycled water.
17.20.010 Regulations generally.
Each subdivision created in the city shall conform to the regulations in this title. (Ord. 752 § 32-4.1, 2000; 1991 code § 32-4.1)
17.20.020 Summary of types of maps.
A. Tentative and final maps – Major subdivisions. A tentative map and a final map are required for a major subdivision. A major subdivision is a division of land proposed to be divided into five or more parcels (including five or more condominiums, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units) as determined by the zoning administrator. (Govt. Code § 66426)
1. Exception. A final map is not required for any of the following (however, a tentative map and a parcel map are required):
a. The land before division contains fewer 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; or
b. 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; or
c. 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 council as to street alignments and widths; or
d. 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; or
e. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision under Government Code section 66418.2.
B. Tentative and parcel maps – Minor subdivisions. A tentative map and parcel map are required for:
1. A minor subdivision. A minor subdivision is a division of land proposed to be divided into four or fewer parcels.
2. Major subdivisions listed in subsections A.1.a through A.1.e of this section.
3. Exceptions. Tentative and parcel maps are not required for:
a. The subdivision of a portion of the operating right-of-way of a railroad corporation, defined by State Public Utilities Code section 230, which is created by a short-term lease terminable by either party on not more than 30 days’ notice in writing; (Govt. Code § 66428)
b. 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 such public utility for right-of-way, unless a showing is made by the zoning administrator in individual cases, upon substantial evidence, that public policy necessitates a parcel map;
c. A lot line adjustment approved under PHMC § 17.05.050; (Govt. Code § 66412(d)) and
d. A tentative parcel map waived under PHMC § 17.05.060. (Govt. Code § 66428)
C. Vesting tentative maps. Whenever this title requires the filing of a tentative map, the subdivider may file a vesting tentative map instead. The procedures for and rights of a vesting tentative map are set forth in PHMC § 17.25.100. (Govt. Code §§ 66424.5, 66452) (Ord. 752 § 32-4.2, 2000; 1991 code § 32-4.2)
17.20.030 Designated remainder.
A subdivider of unimproved land may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. (Govt. Code §§ 66424.6, 66434(e))
For a designated remainder parcel, the fulfillment of construction requirements for improvements is not required until:
A. A permit or other grant of approval for development of the remainder parcel is issued by the city; or
B. The construction of the improvements is required under an agreement between the subdivider and the city; or
C. The city makes a finding that fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Govt. Code § 66424.6(a)(2))
When fulfillment of the construction requirements is to be delayed, the subdivider shall record a declaration of restrictions approved by the city attorney, or an agreement with the city, stating (1) what the required improvements are, and (2) that the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development.
If a designated remainder is subsequently sold, the subdivider or the owner must obtain a certificate of compliance or conditional certificate of compliance. (Govt. Code §§ 66424.6(d), 66499.34, 66499.35) (Ord. 752 § 32-4.3, 2000; 1991 code § 32-4.3)
17.20.040 Public hearings – When required.
The planning commission shall hold a public hearing on the tentative map for a major subdivision for which a final map will be filed, and the zoning administrator shall hold a public hearing on a tentative map for a minor subdivision for which a parcel map will be filed.
If a decision regarding a subdivision is appealed from the zoning administrator to the planning commission, or from the planning commission to the city council, the body appealed to shall hold a public hearing. (Ord. 752 § 32-4.4, 2000; 1991 code § 32-4.4)
17.20.050 Public hearings – Notice.
Unless otherwise specified in this title, notice of a public hearing shall be given as set forth in this section. (Govt. Code §§ 66451.3(a), 65090, 65091)
A. When. Notice shall be given at least 10 days before the hearing.
B. Contents. The notice shall include the date, time and place of the hearing, the identity of the hearing officer or body, a general explanation of the matter to be considered, and a general description by text or diagram of the location of the property. The notice shall also include the following:
If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (zoning administrator, planning commission or city council) at, or prior to, the public hearing.
(Govt. Code §§ 65094, 65009(b)(2))
C. Manner. Notice shall be given in the manner required by Government Code sections 65090 and 65091 which is summarized as follows:
1. Publication once in a newspaper of general circulation;
2. Mailing or delivery to the property owner and project applicant;
3. Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and
4. Mailing or delivery to all owners of real property within 300 feet of the property. If the number of owners exceeds 1,000, the city may instead publish notice of at least one-eighth-page in a newspaper of general circulation.
In addition, the city may give notice in any other manner it deems necessary or desirable.
If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property. (Govt. Code §§ 66451.3, 66452.5(e))
D. Continued hearings. A public hearing may be continued from time to time and, if continued to a specific date, time and place, no new notice is required. (Govt. Code § 65095)
E. Appeal or request for modification. Notice of an appeal or a request for modification shall be given if a decision under this chapter is appealed or if a subdivider requests a change in a condition of approval either before or after a final or parcel map is filed. (See PHMC § 17.20.060.)
F. Staff reports. A report of recommendation on a tentative map by the zoning administrator shall be in writing, and shall include the written recommendations of the city engineer. The report shall be provided to the subdivider and to each tenant in the case of a proposed condominium, community apartment project or stock cooperative at least three days before any hearing or action. (Govt. Code § 66452.3)
G. Substantial compliance with these notice requirements is sufficient. A technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter. (Govt. Code § 65093) (Ord. 752 § 32-4.5, 2000; 1991 code § 32-4.5)
17.20.060 Appeals.
A decision by a city staff member or the zoning administrator under this title may be appealed to the planning commission. A decision by the planning commission under this title may be appealed to the city council.
The subdivider or other person may file an appeal of a decision of the city engineer, zoning administrator, or any other city administration official to the planning commission by filing a written notice of appeal with the zoning administrator within 10 days after the action is taken. The subdivider or other person may file an appeal of a decision of the planning commission to the city council by filing a written notice of appeal with the zoning administrator within 10 days after the action is taken.
The hearing on the appeal shall be held by the planning commission or the city council, whichever has jurisdiction, within 30 days of the filing of the notice of appeal, and notice of the hearing shall be given as prescribed in PHMC § 17.20.050.E.
The appeal body shall make its decision on the appeal in writing within 10 days after the hearing is concluded. (Govt. Code § 66452.5) (Ord. 752 § 32-4.6, 2000; 1991 code § 32-4.6)
17.20.070 Fees.
An applicant requesting any service from the city under this title shall pay all processing fees and deposits established by resolution of the city council. The fees may not exceed the amount reasonably required to administer this title. (Govt. Code §§ 66014, 66016, 66017, 66451.1, 66451.2, 66451.3, 66451.6) (Ord. 752 § 32-4.7, 2000; 1991 code § 32-4.7)
17.20.080 Time limit extensions.
The time limits specified in this title and the Subdivision Map Act for reporting and acting on maps may be extended by mutual consent of the subdivider and the decision-making body having authority to decide the application. However, the city may not require a routine waiver of time limits except as necessary to permit concurrent processing of related approvals or an environmental impact report on the same project. The city will not disapprove an application for a tentative, final or parcel map in order to comply with the time limits required in this title unless there are other reasons for disapproval. (Govt. Code §§ 66451.1, 66451.4) (Ord. 752 § 32-4.8, 2000; 1991 code § 32-4.8)
17.20.090 Review by other agencies.
A. Local agency, Department of Transportation, Department of Water Resources, school district. This subsection applies to the following: any local agency within the planning area of a proposed subdivision, the State Department of Transportation (for territory within one mile of a state highway route), the Department of Water Resources (for territory within one mile of a facility of the department), and the school district. (Govt. Code §§ 66453, 66455, 66455.1, 66455.7)
A local agency, department or district wishing to make recommendations concerning subdivisions shall file with the city a territorial map indicating the territory for which it wishes to make recommendations. The city shall issue a receipt for the map.
Within five days after the city determines that a tentative map application is complete, it shall transmit a copy to the requesting agency, department or district. The agency, department or district may submit recommendations to the city if it does so within 15 days after receiving a copy of a proposed subdivision map. The city shall consider these recommendations.
B. Department of Education. If the proposal shows an area for a public school site, the city shall notify the State Department of Education of the proposed site. (Govt. Code § 66455.9) (Amended during 2005 recodification; Ord. 752 § 32-4.9, 2000; 1991 code § 32-4.9)
17.20.100 Recycled water.
A. Title – Authority. This section may be referred to as the recycled water ordinance. It is adopted under the authority of the state Water Recycling in Landscaping Act, Government Code sections 65601 through 65607.
B. Definitions. In this section, unless the context requires otherwise:
District or EBMUD means the East Bay Municipal Utility District, a special district, which is a local water public agency having jurisdiction to provide and/or control water service within its service area in the city. EBMUD is also a recycled water producer within the meaning of Government Code section 65603(a).
Nonpotable water means water which is unsuitable for human consumption. It includes groundwater and other subsurface or surface water which may be used for a beneficial purpose in compliance with applicable local, state and federal laws defining standards for nonpotable water uses.
Potable water means water which conforms to federal, state and local agency standards for human consumption.
Recycled water means water which, as a result of treatment, is suitable for direct beneficial use or a controlled use that would not otherwise occur. (Water Code section 13050(n).)
Recycled water area means a precise geographic area within the city and designated by the city under subsection E of this section. The city designation shall correspond to the EBMUD service area which is designated by EBMUD as having a dependable supply of nonpotable water available or where EBMUD has determined the feasibility of distributing a nonpotable water supply within 10 years. (Govt. Code §§ 65603, 65604.)
Recycled water distribution system or water reuse system means a system intended for the delivery of recycled water, including, but not limited to, pipelines, pumps, and reservoirs. The recycled water distribution system is separate from any potable water distribution system. The system controls the recycled water distribution from the source of supply to the point of connection with a building or structural lateral supply pipeline.
Recycled water ordinance means this section.
Water Recycling in Landscaping Act is the act adopted by the state legislature and found at Government Code section 65601 and following.
C. Policy and purpose.
1. Policy. It is the policy of the city to encourage the use of recycled water through cooperation with the district, in compliance with the Water Recycling in Landscaping Act.
2. Purpose. The purpose of this section is to establish procedures for cooperation with the district in the development of water recycling projects. This purpose may be accomplished by coordination with the district in the review of new subdivisions to determine whether the installation of a dual pipe system to accommodate recycled water is appropriate.
D. Recycled water areas. The district may designate certain areas as “recycled water areas.” Within 60 days of its designation of a recycled water area, the district shall file with the public works and community development department a precise geographic boundary description and map for the area. The zoning administrator shall maintain a current map of the designated areas.
E. Recycled water use.
1. City-owned improvements and properties. Where appropriate, a new city-owned project within a designated recycled water use area shall be designed to accommodate recycled water.
2. Subdivision applications.
a. Applications. This section applies to a development project for an industrial, commercial or residential subdivision located within a recycled water project area. (Govt. Code §§ 65605, 65606.)
b. Referral to district for recommendation. Within 30 days after a subdivision application is deemed complete, the zoning administrator shall refer the application to the district for review and possible recommendation regarding the use of recycled water and the installation of separate water meters and recycled water systems. The district shall respond in writing within 30 days after the date of referral, specifying its recommendation.
c. City action on a project. The city shall consider appropriate conditions of approval recommended by the district for the use of recycled water before taking action on a development project subject to this section. The city need not consider the district’s recommendation if it is not timely received by the city or if a pending application may be deemed approved under the Permit Streamlining Act before the recommendation is received. (Govt. Code § 65956.) (Ord. 777 § 2, 2003; 1991 code § 32-4.10)