Cotati City Zoning Code
ARTICLE 7
SUBDIVISIONS
§ 17.70.010 Purpose of article.
The provisions of this article constitute the city of Cotati subdivision ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Section 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.020 Authority.
The article is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this article shall, nevertheless, apply to all subdivision maps and proceedings under this article.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.030 Applicability.
A.
Subdivision Approval Required. Each subdivision of land within the city shall be authorized through the approval of a map or other entitlement in compliance with this chapter.
B.
Conflicts with Map Act. In the event of any conflicts between the provisions of this chapter and the Map Act, the Map Act shall control.
C.
Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this land use code, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.040 Definitions.
Definitions of the technical terms and phrases used in this division are in Article 9 (Glossary) of this title under "Subdivision."
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.050 Responsibility for administration.
The director and city engineer are authorized and directed to administer and enforce the provisions of this article and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by this article.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.060 Advisory agency.
A.
Advisory Agency Established. The advisory agency for subdivision review shall be the planning commission.
B.
Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in Section 17.70.070 (Authority for subdivision decisions) of this chapter:
1.
Recommend to the council the approval, conditional approval, or disapproval of tentative maps;
2.
Recommend to the council the approval, conditional approval, or disapproval of requests for exceptions to the city's design and improvement standards, in compliance with Section 17.70.100 (Exceptions to subdivision standards) of this chapter;
3.
Recommend modifications of the requirements of this article;
4.
Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of Sonoma County in compliance with the provisions of the Map Act when the advisory agency has elected to do so; and
5.
Perform additional duties and exercise additional authorities as prescribed by law and by this article.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.070 Authority for subdivision decisions.
Table 7-1 (Subdivision Review Authority) identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this article.
Table 7-1 Subdivision Review Authority | |||||
|---|---|---|---|---|---|
Type of Decision | Applicable Land Use Code Section | Role of Review Authority(1) | |||
Director | City Engineer | Planning Commission | City Council | ||
Tentative map | 17.71 | Recommend | Recommend | Decision | |
Parcel map | 17.72 | Recommend | Decision | ||
Final map | 17.72 | Recommend | Decision | ||
Certificate of compliance | 17.74.020 | Decision(2) | Appeal | ||
Lot line adjustment | 17.74.040 | Decision(2) | Appeal | ||
Parcel merger | 17.74.050 | Decision(2) | Appeal | ||
Reversion to acreage | 17.74.060 | Recommend | Decision | Appeal | |
Notes: |
|---|
(1) "Recommend" means that the review authority makes a recommendation to a higher decisionmaking body; "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 decisionmaking body, in compliance with Chapter 17.84 (Appeals) of this title. |
(2) The director may defer action and refer the request to the commission, so that the commission may instead make the decision. |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.080 Type of subdivision approval required.
Any subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with this article. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map (for four or fewer parcels) or a final map (for five or more parcels) to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the adopted city standards, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering 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.
A.
Tentative Map Requirements. The filing and approval of a tentative map is required for:
B.
Parcel and Final Map Requirements. A parcel or final map shall be required as follows:
1.
Parcel Map. The filing and approval of a parcel map (Chapter 17.72) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:
a.
Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the director determines based on substantial evidence that public policy necessitates a parcel map in an individual case;
C.
Exemptions from Subdivision Approval Requirements. The types of subdivisions identified by Map Act Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this article.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.090 Applications deemed approved.
Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2, Chapter 3 (Government Code Section 66452 et seq.), shall be subject to all applicable provisions of this land use code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before any zoning approval or building permit is issued. Parcel or final maps filed for record after their tentative map is deemed approved, shall remain subject to all the mandatory requirements of this article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.100 Exceptions to subdivision standards.
An exception to a provision of Chapter 17.78 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this article that is duplicated or paraphrased from the Map Act.
A.
Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.
B.
Filing and Processing. A request for an exception shall be filed and processed as follows:
1.
An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time;
2.
The approval of an exception shall not constitute approval of the tentative map and the approval or denial of an exception shall not extend the time limits for the expiration of the map established by Section 17.71.140 (Extensions of time for tentative maps) of this title;
3.
An exception request may be filed after the approval of a tentative map, but shall be considered by the tentative map review authority in the same manner (e.g., after a public hearing) as the original tentative map.
C.
Approval of Exception. The council shall have the authority to approve or deny exception requests in compliance with this section. The council shall not grant an exception unless all the following findings are first made:
1.
For exceptions granting relief of a specified requirement or standard:
a.
Due to special circumstances or conditions affecting this property, the strict application of Chapter 17.78 of this title would create an unnecessary hardship;
b.
The exception is consistent with the intent of the requirements of Chapter 17.78 of this title and does not constitute a grant of special privilege;
c.
The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 17.78 of this title;
d.
The granting of the exception will not be detrimental to the public health, safety, convenience and general welfare or injurious to other property in the territory in which such property is situated; and
e.
The exception will not affect the consistency of the proposed subdivision with the general plan or any applicable specific plan.
D.
Conditions of Approval. In granting an exception, the council shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.110 Appeals.
Any interested person may appeal any decision of the director to the commission, and may appeal any decision of the commission to the council, in compliance with Chapter 17.84 (Appeals) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.70.120 Enforcement of subdivision regulations.
A.
Violations. Any person who violates any provision of this article shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 17.89 of this land use code (Enforcement and Penalties).
B.
Remedies. If construction activity on property subject to a final map or parcel map is occurring contrary to the Map Act, a requirement of the map, or any other federal, state, or local law, rule, or ordinance, the city engineer may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the city engineer to proceed. For the purposes of this section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.020 Tentative map preparation, application contents.
Tentative map submittal shall include the application forms, and all information and other materials prepared as required by the department and the city engineer.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.030 Tentative map filing, initial processing.
A.
General Filing and Processing Requirements. A tentative map application shall be submitted to the department for processing, and shall be:
B.
Referral to Affected Agencies. The procedure provided by this subsection is in addition to the procedures in Chapter 17.60 (Permit Application Filing and Processing) of this title.
1.
Required Referrals. The director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, city departments, county agencies, other cities, special districts, and local agencies, public utilities, and state agencies.
2.
Time Limits for Referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 17.60.070 (Initial application review) of this title. An agency wishing to respond to a referral shall provide the department with its recommendations within fifteen days after receiving the tentative map application.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.040 Evaluation of application.
After completion of the initial processing and the application being deemed complete in compliance with Section 17.60.070 of this title, the director shall:
A.
Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this land use code, the general plan, any applicable specific plan, and the Map Act, in compliance with Map Act Section 66474.2;
B.
Determine the extent to which the proposed subdivision complies with the findings in Section 17.71.070 (Tentative map approval or disapproval) of this chapter; and
C.
Prepare a staff report to the review authority describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the tentative map. The staff report shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 17.74.030) at least three days before any hearing or action on the tentative map by the review authority in compliance with Section 17.71.050 or 17.71.060 of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.050 Planning commission review and recommendation.
A.
The commission shall conduct a public hearing on the proposed tentative map in compliance with Chapter 17.88 (Public Hearings) of this title, and consider the recommendations of the director, any agency comments on the map, and any public testimony.
B.
The commission shall review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this land use code, the general plan, any specific plan, and the Map Act. The evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received.
C.
As required by Map Act Chapter 3, Article 2 (Tentative Maps), within thirty days after the filing of the report and recommendation of the director with the commission, but no later than fifty days after the tentative map application was deemed complete in compliance with Section 17.60.070 (Initial application review) of this title recommend to the council the approval, conditional approval, or denial of the tentative map.
D.
A recommendation for the approval or conditional approval of a tentative map shall be given only after the commission first makes all findings required by Section 17.71.070 (Tentative map approval or disapproval) of this chapter. The commission may recommend conditions of approval in compliance with Section 17.71.080 (Conditions of approval) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.060 Council review and decision.
A.
As required by Map Act Chapter 3, Article 2 (Tentative Maps), at its next regular meeting following the filing of the commission's report with the council in compliance with Section 17.71.050 of this chapter, the council shall set the meeting date for its consideration of the tentative map and the commission recommendation, which shall be within thirty days thereafter. The council shall then conduct the hearing, and shall approve, conditionally approve, or deny the tentative map on the date it has set.
B.
The approval or conditional approval of a tentative map shall be granted only after the council first makes all findings required by Section 17.71.070 (Tentative map approval or disapproval) of this chapter. The council may adopt conditions of approval in compliance with Section 17.71.080 (Conditions of approval) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.070 Tentative map approval or disapproval.
In order to approve or recommend the approval of a tentative map and conditions of approval, or to disapprove a tentative map, the review authority shall first make the findings required by this section:
A.
Required Findings for Approval. The review authority may approve a tentative map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection C of this section can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
B.
Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection A of this section, the review authority shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal:
1.
Construction of Improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, it is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the parcel map.
C.
Findings Requiring Denial. A tentative map, or a parcel map for which a tentative map was not required shall be denied if the review authority makes any of the following findings, as required by Map Act Sections 66474 and 66474.6:
1.
The proposed map, and/or subdivision design or improvements are not consistent with the general plan or any applicable specific plan;
2.
The site is not physically suitable for the type or proposed density of development;
3.
The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
4.
The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;
5.
The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; or
6.
The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.080 Conditions of approval.
Along with the approval of a tentative map, the council may adopt any conditions of approval deemed necessary to carry out the purposes of this land use code, provided that all conditions shall be consistent with the requirements of the Map Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.090 Effective date of tentative map approval.
The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the council.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.100 Changes to approved tentative map or conditions.
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.72.120 (Amendments to recorded maps) of this title.
A.
Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section. All other proposed changes shall require the filing and processing of a new tentative map.
B.
Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:
C.
Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.
D.
Findings for Approval. The review authority shall not modify the approved tentative map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 17.71.070(A) and (B) of this chapter can still be made:
1.
There was a material mistake of fact in the deliberations leading to the original approval;
2.
There has been a change of circumstances related to the original approval; or
3.
A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this land use code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.110 Completion of subdivision process.
A.
Compliance with Conditions, Improvement Plans. After approval of a tentative map pursuant to this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 17.78 (Subdivision Design and Improvement Requirements) of this title, before constructing any required improvements.
B.
Parcel or Final Map Preparation, Filing and Recordation.
1.
A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 17.72 (Parcel Maps and Final Maps) of this title, to complete the subdivision, unless a parcel map has been waived in compliance with Section 17.72.030 (Waiver of parcel map) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.120 Vesting tentative maps.
This section establishes procedures to implement the vesting tentative map requirements of the Map Act (Section 66498.1 et seq.).
A.
Applicability. Whenever this land use code requires that a tentative map be filed, a vesting tentative map may instead be filed, provided that the vesting tentative map is prepared, filed, and processed in compliance with this section. A vesting tentative map may be filed for either residential or nonresidential developments.
B.
Procedures for Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed in the same manner identified in this chapter as a tentative map, except as follows:
1.
Application Content. The vesting tentative map shall include the following information in addition to that required by Section 17.71.020 (Tentative map preparation, application contents) of this chapter:
a.
Title. The vesting tentative map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face.
b.
Intended Development. The vesting tentative map application shall include accurately drawn, preliminary floor plans and architectural elevations for all structures intended to be constructed on the property after subdivision; and identification of the proposed uses of all proposed structures, and land covered by the map.
c.
Existing Rules/Regulations. The application shall include a copy of all rules, regulations, and standards applicable to the development of the property at the time of filing.
d.
Special Plans and Studies. The application shall include detailed grading plans, any geological studies, flood control information, or other information or special studies that would be required by the city at the time of building permit application review.
2.
Findings for Approval. The approval of a vesting tentative map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 17.71.070 (Tentative map approval or disapproval) of this chapter.
C.
Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Section 17.71.130 (Tentative time limits and expiration) of this chapter.
D.
Changes to Approved Map or Conditions. The developer may apply for an amendment to a vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with Section 17.71.100 (Changes to approved tentative map or conditions) of this chapter, and in compliance with Map Act Section 66498.2. An amendment to the vesting tentative map will establish a new deemed complete date.
E.
Development Rights Vested.
1.
The approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards (excluding fees) as identified in Map Act Section 66498.1.
2.
If Map Act Section 66474.2 is repealed, approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the map is approved or conditionally approved.
3.
Subsequent building or use permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or disapproved only if the review authority determines that:
4.
Fees charged for building or land use permits, filed after the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Building or land use permit application contents shall comply with city requirements in effect at the time the subsequent application is filed.
F.
Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map in compliance with Section 17.71.130 (Tentative map time limits and expiration) of this chapter. If a parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time:
1.
An initial time period of twenty-four months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded.
2.
The initial twenty-four months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds thirty days from the date the application is accepted for processing as complete.
3.
The developer may apply for a twelve-month extension at any time before the initial twenty-four months expires. Application for an extension shall be submitted to the department and shall be accompanied by the required fee. The council shall approve or disapprove any request for extension.
4.
If the developer submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.130 Tentative map time limits and expiration.
An approved tentative map is valid for twenty-four months after its effective date (Section 17.71.090), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13 or 66463.5. At the end of twenty-four months, the approval shall expire and become void unless:
A.
A parcel or final map, and related security and improvement agreements, have been filed with the city engineer in compliance with Chapter 17.72 (Parcel Maps and Final Maps); or
Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.71.140 Extensions of time for tentative maps.
When a subdivider has not completed all tentative map or vesting tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by Section 17.71.130 of this chapter, time extensions may be granted in compliance with this section.
A.
Filing of Extension Request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.
B.
Approval of Extension. The council may grant one twelve-month extension to the initial time limit, only after finding that:
1.
There have been no changes to the provisions of the general plan, any applicable specific plan or this land use code applicable to the project since the approval of the tentative map;
2.
There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan or other standards of this land use code apply to the project; and
3.
There have been no changes to the capacities of community resources, including but not limited to, water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.
A time extension of more than twelve months may be granted only in compliance with Map Act Section 66452.6.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.010 Purpose of chapter.
This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the requirements of the Map Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.020 Parcel maps.
As required by Sections 17.70.080 (Type of subdivision approval required), and 17.71.110 (Completion of subdivision process) of this title, a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a parcel map is waived in compliance with Section 17.72.030 of this chapter. A parcel map shall be prepared, filed and processed in compliance with Section 17.72.040, et seq.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.030 Waiver of parcel map.
A subdivider may request the waiver of the requirement for a parcel map, and the waiver may be granted, in compliance with the Map Act Section 66428, provided that the review authority shall first find that the proposed subdivision complies with the requirements of this land use code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this article and the Map Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.040 Parcel map form and content.
A parcel map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Parcel map submittal shall include the application forms, and all information and other materials prepared as required by the department.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.050 Filing and processing of parcel maps.
A.
Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 17.72.040 of this chapter shall be submitted to the city engineer. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this land use code and the Map Act.
B.
Review of Parcel Map. The city engineer shall:
1.
Determine whether all applicable provisions of this land use code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and
2.
Obtain verification from the department that the parcel map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.
If the parcel map does not conform as required in this section, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data, if the tentative map has not expired.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.060 Parcel map approval.
After determining that the parcel map is in compliance and is technically correct in compliance with Section 17.72.030(A) of this chapter, the director shall forward the parcel map to the council for approval. After council approval of a parcel map, the map shall be transmitted by the city engineer to the county recorder for filing in compliance with Map Act Section 66450.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.070 Final maps.
As required by Section 17.70.080 (Type of subdivision approval required) of this title, a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A final map shall be prepared, filed and processed as set forth in Section 17.72.080 et seq.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.080 Final map form and content.
A final map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Final map submittal shall include all information and other materials prepared as required by the department. A final map submittal shall also include a digital copy of the final map, prepared using computer software and standards specified by the city engineer.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.090 Filing and processing of final maps.
A.
Filing with City Engineer. The final map, together with all data, information and materials required by Section 17.72.080 of this chapter shall be submitted to the city engineer. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this land use code and the Map Act.
B.
Review of Final Map. The city engineer shall review the final map and all accompanying materials, and shall:
1.
Determine whether all applicable provisions of this land use code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and
2.
Obtain verification from the department that the final map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.
If the final map does not conform as required in this section, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the final map, together with all required data, if the tentative map has not expired.
C.
Multiple Final Maps. Multiple final maps may be filed if the subdivider included a statement of intention with the tentative map that he or she would submit multiple-phased final maps.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.100 Final map approval.
After determining that the final map is in compliance with Section 17.72.080 of this chapter, and is technically correct, the city engineer shall execute the city engineer's certificate on the map in compliance with Map Act Section 66442, and forward the final map to the council for action, as follows:
A.
Review and Approval by Council. The council shall approve or disapprove the final map at its next regular meeting after the city clerk receives the map, or at its next regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the city engineer and the subdivider.
1.
Criteria for Approval. The council shall approve the final map if it conforms to all the requirements of the Map Act, all provisions of this land use code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.
2.
Waiver of Errors. The council may approve a final map that fails to meet any of the requirements of this land use code or the Map Act applicable at the time of approval of the tentative map, when the council finds that the failure of the map is a technical or inadvertent error which, in the determination of the council does not materially affect the validity of the map.
3.
Approval by Inaction. If the council does not approve or disapprove the final map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements, it shall be deemed approved, and the city clerk shall certify its approval on the map.
B.
Map with Dedications. If a dedication or offer of dedication is required on the final map, the council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the final map. If the city council rejects the offer of dedication, the offer shall remain open and may be accepted by the city council at a later date pursuant to Map Act Section 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act Section 66477.2 and the street vacation procedure.
C.
Map with Incomplete Improvements. If improvements required by this land use code, conditions of approval, or other law have not been completed at the time of approval of the final map, the council shall require the subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 17.78.080 (Improvement agreements and security) of this title, as a condition precedent to the approval of the final map.
D.
Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk shall transmit the final map to county recorder for filing.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.110 Supplemental information sheets.
In addition to the information required to be included in parcel maps and final maps (Sections 17.72.040 and 17.72.080 of this chapter, respectively), additional information may be required to be submitted and recorded simultaneously with a final map as required by this section.
A.
Preparation and Form. The additional information required by this section shall be presented in the form of additional map sheets, unless the director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for parcel maps by Section 17.72.040 (Parcel map form and content) of this chapter.
B.
Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:
1.
Title. A title sheet, including the number assigned to the accompanying parcel or final map by the city engineer, the words "Supplemental Information Sheet";
2.
Explanatory Statement. A statement following the title sheet that the supplemental information sheet is recorded along with the subject parcel or final map, and that the additional information being recorded with the parcel or final map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title of interest;
3.
Location Map. A location map, at a scale not to exceed one inch equals two thousand feet. The map shall indicate the location of the subdivision within the city;
4.
Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and
5.
Information Required by Conditions of Approval. Any information required by the review authority to be included on the supplemental information sheets because of its importance to potential successors in interest to the property, including any other easements or dedications.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.72.120 Amendments to recorded maps.
A recorded parcel or final map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this section.
A.
Corrections. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the parcel or final map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the city engineer that does not affect any property right, including but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.
B.
Changes to Approved Subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to, the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 17.78.080 (Improvement agreements and security) of this title, a new tentative and parcel or final map shall be filed and approved as required by Section 17.70.080 (Type of subdivision approval required) of this title.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.010 Purpose of chapter.
This chapter establishes requirements consistent with the Map Act for certificates of compliance, condominiums and condominium conversions, lot line adjustments, parcel mergers, and reversion to acreage.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.020 Certificates of compliance.
The city shall process and approve or disapprove applications for certificates of compliance as provided by Map Act Sections 66499.34 and 66499.35, and as follows:
A.
Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the director and include the information required by the director, together with the processing fee specified by the city fee schedule.
B.
Review by City Engineer. The city engineer shall review the completed application in the light of public records and applicable law. If the city engineer is able to determine from this review that the parcel is clearly in compliance with the provisions of this article and the Subdivision Map Act, a certificate of compliance shall be issued for the parcel and delivered the county recorder for recordation. If the city engineer is unable to determine from this review that the parcel is clearly in compliance, the procedures identified in Map Act Section 66499.35 shall apply.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.030 Condominiums and condominium conversion.
Condominiums and condominium conversions shall comply with the following requirements, and the limitations and standards in Section 17.42.065 (Condominium, stock cooperative, and other common interest projects).
A.
Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 17.71 (Tentative Map Filing and Processing). Chapter 17.72 (Parcel Maps and Final Maps) of this title, determines whether a parcel or final map shall also be filed.
B.
Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.
1.
Approvals Required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Section 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.
2.
Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.71 (Tentative Map Filing and Processing) of this title, except as otherwise provided by the following provisions of this section.
3.
Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:
a.
Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units;
b.
Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10;
c.
Relocation Assistance Program. A detailed plan that describes the relocation and moving assistance information to be given to each tenant, and the steps the applicant will take to ensure the successful relocation of each tenant. The plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long-term affordability for the units proposed for conversion are exempt from this requirement.
d.
Housing Stock Assessment. An analysis of the potential impact on the city's housing supply and costs. The analysis shall provide adequate information for the city to determine whether the proposed condominium conversion would have a negative effect on the city's multifamily rental housing supply and rental rates and shall identify, at a minimum:
i.
Vacancy rates for multifamily housing by unit size,
ii.
Vacancy rates for existing condominiums and townhomes in the city by unit size,
iii.
Rental rates of multifamily units, by unit size, and the rental rates of the project proposed for conversion,
iv.
Length of time existing for-sale condominiums in the city have been on the market, and
v.
The number of multifamily apartment units, by unit size, that are in the city's housing stock and the percentage of the city's apartment stock, by unit size, that would be reduced by the proposed condominium conversion.
4.
Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.74.020) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.
5.
Public Notice. The following notice shall be provided in addition to that required by Chapter 17.88 (Public Hearings) of this title:
a.
Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and
b.
Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.
6.
Approval of Conversion, Required Findings.
a.
Time limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 17.71.030 (Tentative map filing, initial processing) of this title. The one hundred twenty day time limit may be extended by mutual consent of the subdivider and the city.
b.
Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.
7.
Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.72 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b).
(Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.040 Lot line adjustment.
A lot line adjustment is permissible in compliance with Map Act Section 66412(d), and as follows:
A.
Application Requirements. An application for a lot line adjustment shall be filed with the director and shall include the information required by the director, together with the processing fee specified by the city fee schedule.
B.
Lot Line Adjustment Approval. After consultation with the city engineer, the director shall approve a lot line adjustment provided that all criteria identified in Map Act Section 66412(d) are met to the director's satisfaction. After city approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the county recorder for recording lot line adjustment approval documents in compliance with the Map Act.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.050 Parcel merger.
A.
Procedures for Merger of Parcels. Two or more parcels may be merged as follows:
1.
Parcels may be merged in compliance with Map Act Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as identified by this land use code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied.
2.
Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.
B.
Requirements for Unmerger of Parcels. The unmerger of parcels within the city shall comply with Map Act Chapter 3, Article 1.7.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.74.060 Reversion to acreage.
A.
A reversion to acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Chapter 6, Article 1.
B.
An application for reversion submitted by a property owner shall include all information required by the department, and shall include the fee required by the city fee schedule.
C.
A parcel map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.76.010 Purpose of chapter.
This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.76.020 Applicability.
Each proposed subdivision shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.76.030 Park land dedications and fees.
A.
Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map. This section is enacted as authorized by the provisions of Chapter 4, Article 3 of the Map Act, also known as the "Quimby Act."
B.
Applicability.
1.
Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee, at the option of the council, in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.
2.
Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivision exempted by Map Act Section 66477.
C.
Amount of Parkland Required.
1.
General Standard. It is found and determined that the public interest, convenience, health, welfare, and safety require that one acre of property for each two hundred persons residing within this city be devoted to neighborhood and community park and recreational purposes.
2.
Dedication Requirement for Residential Subdivisions. The amount of contiguous acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:
X | = | .005(U)(P) |
Where: | ||
X | = | Amount of parkland required, in acres. |
U | = | Total number of approved dwelling units in the subdivision. |
P | = | 3.104 for detached single-family dwellings; |
2.438 for attached single-family dwellings; | ||
1.664 for duplexes, and multifamily dwellings containing four or fewer dwelling units; | ||
2.107 for multifamily dwellings containing five or more unit; and | ||
1.738 for mobilehomes. | ||
D.
Formula for Fees in Lieu of Land.
1.
If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection C of this section, the subdivider shall pay a fee to the city in lieu of dedication, as a condition of tentative map approval. The fee shall equal the acreage of parkland obligation derived from the formula in subsection C of this section, less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area, plus twenty percent toward the cost of off-site improvements (e.g., utility line extensions).
2.
For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the city, and approved by the council, immediately prior the receipt of the final map by the council. The subdivider shall notify the city of the expected submittal date of the final map at least six weeks prior to the submittal of the final map to the department, to permit the city to select a certified land appraiser and prepare an appraisal. The subdivider shall pay the city's costs for an independent appraiser. If more than one year elapses from the date that the final map is approved by the council and the date the subdivider obtains their first building permit, the city will prepare a new appraisal and will bill the subdivider for the cost of reappraisal. Any in-lieu fees remaining unpaid after the one-year period shall be based on the new appraisal.
E.
Fees Only. Only the payment of fees shall be required in subdivisions of fifty parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required even though the number of actual parcels may be less than fifty.
F.
Criteria for Requiring Dedication and Fees. In subdivisions of over fifty lots, the city may require the subdivider to dedicate both land and pay a fee, as follows:
1.
Determination of Land or Fee. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:
3.
Procedure for Determining Land or Fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The determination of the review authority shall be based on a report and recommendation from the director. The recommendation by the director and the action of the review authority shall consider the factors in subsection (F)(1) of this section, and shall include the following:
a.
The amount of land required;
b.
Whether a fee shall be charged in lieu of land;
c.
Whether land and a fee shall be required;
d.
The location and suitability of the park land to be dedicated or use of in-lieu fees; and
e.
The approximate time when development of the park or recreation facility shall commence.
The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.
4.
Land and Fees. A requirement for both land dedication and fee payment shall comply with the following standards:
a.
When only a portion of the land to be subdivided is proposed in the general plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by subsection D of this section shall be paid for any additional land that would have been required to be dedicated by subsection C of this section.
b.
When a major part of the local park or recreational site has been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by subsection D of this section shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by subsection C of this section. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.
5.
Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.
G.
Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.
1.
Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.
2.
Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land with an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist that would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 7-2. Greater credit for sites in excess of three percent slope may be granted in the sole discretion of the review authority, where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource.
Table 7-2 Limit on Credit for Dedication of Sloping Property | |
|---|---|
Park Site Slope | Credit Against Park Obligation |
0 to 3% | 100% |
More than 3%, up to 5% | 80% |
More than 5%, up to 10% | 60% |
More than 10%, up to 15% | 20% |
Over 15% | 0% |
H.
Conveyance of Land, Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map in fee simple absolute, to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of city attorney, will not interfere with use of the property for park and recreational purposes, and which the council agrees to accept. The amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the city attorney in favor of the city in an amount equal to the value of the land.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.010 Purpose of chapter.
This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the general plan and any applicable specific plan.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.020 Applicability of design and improvement standards.
The requirements of this chapter apply as follows:
A.
Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.
B.
Applicable Design Standards, Timing of Installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the city engineer. No final or parcel map shall be presented to the council for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the city for the work.
C.
Subdivision Improvement Standards – Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 17.71.070 (Tentative map approval or disapproval) of this title, shall be described in conditions of approval adopted for each approved tentative map (Section 17.71.080). The design, construction or installation of all subdivision improvements shall comply with the requirements of the city engineer.
D.
Oversizing of Improvements.
1.
At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the city, in compliance with Article 6, Chapter 4 of the Map Act.
2.
In the event that oversizing is required, the city shall comply with all applicable provisions of Map Act Section 66485 et seq., including the reimbursement provisions of Map Act Section 66486.
3.
If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement prior to the recordation of the final map, or the issuance of a building permit for construction on the parcel, whichever occurs first.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.030 Subdivision design standards.
A.
Purpose. This section establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the general plan and any applicable specific plan.
B.
Applicability. Each subdivision shall be designed in compliance with the standards of this section, except where an exception is granted in compliance with Section 17.70.100 (Exceptions to subdivision standards) of this title.
C.
Accessibility. A subdivision of five or more single-family residential parcels shall be designed and constructed so that a minimum of ten percent of the single-family dwellings are one-story. In addition, each of the required one-story dwellings shall include features to enhance disabled accessibility, including wide doors, grab bars, etc., as determined by the review authority; or the applicant shall demonstrate to the review authority that all prospective buyers are offered the installation of those accessibility features as a no-cost option.
D.
Density of a Residential Subdivision. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the general plan for the site and the maximum number of dwelling units permitted by the applicable zoning district.
E.
Environmentally Constrained Sites. Each proposed subdivision shall comply with the requirements of Article 5 (Resource Management), as applicable.
F.
Streets and Street Layout. The layout, design, and construction of proposed streets shall comply with the general plan, the street and streetscape standards of Chapter 17.26, the city's Standard Specifications for Public Improvements, and the energy conservation standards of subsection G of this section.
1.
Interconnected Streets. Streets proposed within a new subdivision shall be interconnected and shall connect with adjacent streets external to the subdivision, to provide multiple routes for pedestrian and vehicle trips from, to, and within the subdivision, as determined by the review authority to be appropriate.
2.
Street Extensions and Stub Streets.
a.
Street Extensions. Where a proposed subdivision adjoins unsubdivided land, streets in the subdivision shall be extended to the adjacent unsubdivided land, as prescribed by the review authority, to provide access to the unsubdivided land in the event of its future subdivision.
b.
Stub Street Improvements. In the case of stub-end streets extending to the boundary of the property, a barricade, of a design approved by the city engineer, shall be constructed at the end of the stub-end street, pending the extension of the street into adjacent property. Where required by the review authority, a temporary connection to another street, or a temporary turnaround, shall be provided by the subdivider.
c.
Required Notification. The developer shall pay the cost for the city to install a sign at the location of a future street extension to give notice to future homebuyers that the street will be opened or extended at some time in the future. The sign shall be installed prior to the sale of the first unit within the project.
3.
Dead-end Streets. Subdivision design shall not include dead-end streets, except where through streets cannot be provided because of existing development or an environmental feature requiring protection and/or preservation (e.g., a creek channel).
a.
An approved dead-end street shall generally be maintained as a private roadway, and shall not be accepted by the city for dedication or maintenance, except for extraordinary circumstances determined by the council, in its sole and absolute discretion.
b.
The length of a dead-end street shall not exceed five hundred feet, except that a dead-end street of up to six hundred feet in length may be permitted, provided that it has frontage of no more than sixteen lots.
4.
Intersection Design. All streets shall normally intersect as nearly as possible at right angles, except when it can be shown that any other street pattern will improve design of the subdivision without hindering traffic safety. Street intersections shall be narrowed at each corner with traffic-calming features, in compliance with the city's Standard Specifications for Public Improvements.
5.
Pedestrian Walkways Away from Street Frontages. As part of subdivision approval, the city may require dedicated and improved pedestrian walkways in locations away from street frontages where necessary to provide safe and convenient pedestrian access to a public facility or to otherwise provide convenient connections between existing pedestrian routes. Where walkways are required, the city engineer shall specify standards for their design and construction.
6.
Street Dedications. A street that is not constructed to city standards will not be accepted by the city for dedication as a public street. However, even a street that complies with all applicable city standards may not be accepted for dedication. Acceptance of street dedication is at the discretion of the council.
G.
Block Design. See Figure 7-1.
1.
Block Length. No block face shall exceed a length of five hundred feet. No block perimeter shall exceed two thousand feet.
2.
Block Width. The width of each block shall be sufficient for an ultimate layout of two tiers of lots within the block, preferably with an alley between the tiers, with the lots sized in compliance with this section. The review authority may approve alternative designs where it determines that surrounding subdivision layout, property lines, or topographic conditions require other standards.
 |
Figure 1. Block Standards |
H.
Parcel Design. The size, shape and arrangement of proposed parcels shall comply with this section, and with any general plan policy, specific plan requirement, or other municipal code provision that applies to proposed subdivisions.
1.
General Parcel Design Standards.
a.
Each proposed parcel shall be determined by the review authority to be "buildable" because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this land use code.
b.
No parcel shall be created that is divided by a city boundary line.
c.
No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the city or other appropriate entity for public use, or maintained as common area within the development.
2.
Parcel Area. The minimum area for new parcels shall be as required by Section 17.24.020 (Zoning district subdivision and density standards) of this title except as otherwise provided by this section.
a.
Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Article 2, or the general plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:
b.
Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Article 2 shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel or parcels that are the location of the condominium or townhouse.
3.
Dimensions. The dimensions of new parcels shall comply with the applicable provisions of Section 17.24.020 (Zoning district subdivision and density standards) of this title, or as otherwise required by the review authority.
4.
Lot Line Orientation. Side lot lines shall be at right angles to the street on straight streets and shall be approximately radial on curved streets.
5.
Parcel Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently and minimize site disturbance in terms of cuts and fills and the removal of vegetation. See also the lot design provisions regarding energy conservation in subsection G of this section.
a.
Street Frontage Required. Each proposed parcel shall have frontage on a public or private street. The frontage width shall be at least the minimum lot width required by the applicable zoning district, except where a flag lot is approved in compliance with subsection (F)(5)(d)(Flag lots) of this section.
b.
Double-Frontage Lots. No parcel shall have streets abutting both the front and rear lot lines, except when necessary because of topographical or other physical conditions or where access from one of the roads is prohibited. (An alley is not considered a street for the purposes of this section.)
Vehicular access onto a double frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street. The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
c.
Cul-de-sac Parcels. The minimum street frontage width for each parcel on a cul-de-sac street shall be twenty-five feet. The minimum depth of a parcel on a cul-de-sac shall be an average of ninety feet.
d.
Flag Lots. Flag lots shall generally not be permitted. A flag lot may be approved only where the review authority determines that unusual depth or other characteristic of a parcel to be subdivided prevents one or more proposed parcels from having a frontage width equal to the required minimum lot width. Where allowed, the "flag pole" portion of a flag lot shall have a minimum width of twenty feet; provided that the review authority may require additional width depending upon the length of the flag pole and traffic safety sight distance considerations. No more than two parcels shall be provided access from a single flag pole.
I.
Energy Conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act Section 66473.1, as follows:
1.
Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.
2.
Lot and Building Site Design. Proposed lots shall be designed, where feasible, to provide building sites that permit the orientation of structures in east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.
J.
Walled or Gated Communities. No residential development within the city shall be entirely enclosed by a wall or fence, and no residential area shall be provided with gates or other limitations on general public pedestrian or vehicle access to the streets or sidewalks within the development.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.040 Site preparation and subdivision construction.
A.
Grading. Prior to the issuance of a building permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to the city engineer. Grading plans shall show the elevations of the natural ground at all lot corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, and finished sidewalk elevations at all front lot lines and existing topographic elevations and drainage direction one hundred feet outside the boundary of proposed project area and/or map.
1.
Minimum Slopes. The minimum grade of all drainage swales on lots shall be one-half of one percent.
2.
Pad Elevation, Residential. The building pad elevation of residential lots shall be established at a minimum of ten inches above the design sidewalk elevation at the lowest point of the lot. The finished floor elevation of slab floor houses shall be a minimum of sixteen inches above the sidewalk elevation. The pad elevation of all residential lots shall be established at least one foot above the maximum water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception may be permitted in the case of a proposed subdivision served by a storm drain pump station.
3.
Drainage Plan. No inter-lot or "cross drainage" shall be permitted. Each lot shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent lot, except where a legal right exists (e.g., a drainage easement), and is authorized by the city engineer. No lot shall drain water over the bank of a flood control channel.
4.
Grading Practices. All grading within the city shall employ the best available management practices, as determined by the city engineer, to minimize erosion and sedimentation, and unnecessary grading. Each building site on sloping parcels shall be individually prepared; no mass grading shall be allowed.
5.
Grading Exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the city engineer. Exceptions are to be for an individual lot or at most a tier of lots, and shall not to be construed as extending to an entire subdivision.
6.
As-Built Grading Plan. Upon completion of grading operations the owner shall furnish to the city engineer two prints of an as-built grading plan prepared by the owner's engineer.
B.
Erosion and Sediment Control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.050 Subdivision improvement requirements.
A.
Bicycle Paths. The subdivider shall construct bicycle paths within an approved subdivision as determined by the review authority. In the event that the review authority determines that bicycle path construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a bicycle path fund the amount per foot, as determined by the review authority.
B.
Bridges and Major Thoroughfares. The city may assess and collect fees as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act Section 66484, after the city has established a master plan for bridge crossings and major thoroughfares by ordinance.
C.
Fire Hydrants. The subdivider shall install gate valves, extensions and risers extending thirty inches above the finished grade of the gutter for fire hydrants, of sizes and at locations approved by the fire district.
D.
Landscaping. Landscaping shall be provided in compliance with Chapter 17.34 (Landscaping Standards).
E.
Monuments. The subdivider shall install monuments in compliance with the requirements of the city engineer, and Map Act Chapter 4, Article 9.
F.
Private Facilities – Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the city to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.
G.
Public Utilities and Utility Easements. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section.
1.
Underground Utilities Required. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided. Telecommunications facilities are also subject to the requirements of Chapter 17.44 (Telecommunications Facilities) of this title.
a.
When Undergrounding is Required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including transformers, pedestal mounted terminal boxes and meter cabinets, and ducts, shall also be located underground or entirely within a building, not located with a right-of-way or required setback.
The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.
b.
Location of Installation. Underground utility lines may be installed within a public or private street right-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within a public street right-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the city engineer.
2.
Utility Easements – Minimum Width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the city engineer for city facilities, and the recommendations of the applicable utility company, for public or private utilities.
3.
Timing of Installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers from approved parcels shall be laid to sufficient lengths, as determined by the city engineer, to avoid the need for disturbing the street improvements when service connections are made.
H.
Railroad Crossings. A proposed subdivision shall be designed to provide for railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of the crossings.
1.
The subdivider shall deposit with the city clerk, in cash, the estimated costs to be incurred by the city in pursuing, or assisting in the applicant's pursuit of an application for railroad crossings before the Public Utilities Commission.
2.
Upon termination of the proceedings before the Public Utilities Commission, an accounting of the deposit will be made and an additional charge or refund will be made to the subdivider.
I.
Sewage Disposal. Each parcel within an approved subdivision shall be provided a connection to the city's sewage collection, treatment, and disposal system, in compliance with the city's improvement standards and specifications. The subdivider shall also pay the city's required connection fee.
J.
Street Lighting. All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the city's improvement standards and specifications. The subdivider shall also pay the street light maintenance and energy fee required by the city.
K.
Street Signs and Street Names.
1.
Street names. All public and private streets within a proposed subdivision shall be named by the council. Streets shall generally be named for deceased persons who have made a significant contribution to the history of the city. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.
2.
Street Signs. The subdivider shall provide a minimum of two street name signs in compliance with the city's improvement standards and specifications at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each "T" intersection.
L.
Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.
1.
The storm drain system shall be designed for ultimate development of the drainage area, and shall comply with any applicable NPDES requirements.
2.
The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.
3.
Any easement for drainage or flood control shall be improved as specified by the city engineer.
M.
Water Supply. Each approved parcel shall be served by the city's water distribution system and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.060 Improvement plans.
After the approval of a tentative map, the subdivider shall diligently proceed to complete any subdivision improvements necessary to fulfill the conditions of approval. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:
A.
Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:
1.
Any drawings, specifications, calculations, design reports and other information required by the city engineer;
2.
Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and
3.
The improvement plan/specification checking and construction inspection fees required by the city fee schedule.
B.
Submittal of Plans. Improvement plans shall be submitted to the city engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection C of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city.
C.
Review and Approval. Improvement plans shall be reviewed and approved by the city engineer, within the time limits provided by Map Act Section 66456.2.
D.
Effect of Approval. The final approval of improvement plans shall generally be required before approval of a parcel or final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.070 Installation of improvements.
Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see Section 17.78.050) shall be installed as provided by this section.
A.
Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 17.78.060 of this chapter, and before the approval of a parcel or final map in compliance with Section 17.72.060 (Parcel map approval) or 17.72.100 (Final map approval) of this title, except where:
1.
Improvements are deferred in compliance with Section 17.78.080 (Improvement agreements and security) of this chapter; or
2.
Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:
a.
When a building permit is issued for development of an affected parcel;
b.
At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 17.78.080 (Improvement agreements and security) of this chapter; or
c.
At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.
3.
To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to permit construction work to be performed prior to subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.
B.
Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows:
1.
Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.
2.
Inspection Procedures.
a.
Inspections Required. The city engineer shall make any inspections as he or she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.
b.
Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.
c.
Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.
d.
Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this chapter.
3.
Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.080 Improvement agreements and security.
A subdivider may file, and the city may approve, a parcel or final map before completion of all the public, common area, and other improvements required by this land use code and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.
A.
Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on the form provided by the city and approved by the city attorney and shall include the following provisions:
1.
Description of Improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans;
2.
Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer;
3.
Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement;
4.
Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection B of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider and approved by the city engineer, which covers all public improvements, private improvements for the general use of the lot owners in the subdivision, local neighborhood traffic and drainage. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate; and
5.
Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.
B.
Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved by the city attorney, as follows:
1.
Type of Security. Improvement security shall be in the amount set forth or authorized in Map Act Section 66499.3.
a.
If the security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the council as necessary to cover the cost and reasonable attorney's fees, which may be incurred by the city in successfully enforcing the obligation secured.
b.
The security shall also secure the faithful performance of any changes or alterations in the work, to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.
2.
Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in subsection (B)(1) of this section:
a.
A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public monies;
b.
A bond or bonds executed by one or more duly authorized corporate sureties;
c.
An instrument of credit from an agency of the state, federal, or local government when any such agency provides at least twenty percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;
d.
A lien upon the property to be divided, created by contract between the owner and the city, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or
e.
Any form of security, including security interests in real property, which is acceptable to the local agency.
C.
Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:
1.
Public Works Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.
2.
Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.
3.
Council Action. The council approves or denies the extension. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.
D.
Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.78.090 Soils reports.
Soils reports shall be provided by the subdivider as required by this section.
A.
Preliminary Soils Report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the tentative map application.
1.
Form of Report. A preliminary soils report may be divided into two parts:
a.
Soils Reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems and proposed methods of eliminating or reducing these hazards and problems; and
b.
Soils Investigation and Report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.
The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property. |
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the city engineer before approval of a parcel or final map. |
2.
Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.
B.
Final Soils Report. A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the city engineer.
1.
Two copies of the final soils investigation and report shall be filed with the improvement plans.
2.
The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.
3.
The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.
C.
Geologic Investigation and Report. If the city engineer determines that conditions warrant, a geologic investigation and report may also be required.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.79.010 Purpose.
A.
The California Subdivision Map Act distinguishes between subdivisions created from the conversion of rental mobilehome parks to resident ownership (Government Code Section 66427.5) and subdivisions created from the conversion of mobilehome parks to uses other than resident ownership (Government Code Section 66427.4).
B.
In the case of a subdivision of a mobilehome park to a use other than as resident ownership, Government Code Section 66427.4 requires that the conversion be preceded by adequate notice, the filing and distribution of a conversion impact report on the effect of a conversion on mobilehome park residents and the adoption of mitigation measures imposed on the applicant to mitigate the adverse effects on mobilehome park residents displaced by such conversion.
C.
In the case of a subdivision of a mobilehome park to resident ownership, Government Code Section 66427.5 requires that existing tenants of the mobilehome park be provided the option to either purchase his or her subdivided unit created by the conversion to resident ownership, or to continue residency as a tenant. For residents who desire to continue residency as a tenant, Government Code Section 66427.5 allows rent to increase to market levels subject to certain restrictions regarding the timing of rent increases and certain protections for lower income households. Government Code Section 66427.5 further requires that the applicant, as part of the tentative map application, file a report on the impact of the conversion upon the existing residents of the mobilehome park.
(Ord. 818 § 2(part), 2008)
§ 17.79.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings:
means the person, firm, corporation or other entity having leasehold interest or fee ownership in the operation of a mobilehome park or any part thereof.
means housing that is comparable in floor area and number of bedrooms to the mobilehome to which comparison is made, which housing meets the minimum standards of the State Uniform Housing Code.
means any other mobilehome park substantially equivalent in terms of park conditions, amenities, rent and other relevant factors, such as proximity to public transportation and shopping, the job market where a displaced resident is gainfully employed, social services which are used by a displaced resident, and proximity to schools if the resident has school-age children.
means a change in the use of a mobilehome park to a purpose other than the rental, or the holding out for rent, of some or all of the mobilehome lots at the mobilehome park to accommodate mobilehomes used for human habitation. The "conversion of a mobilehome park" shall include, but is not limited to, a change of a park or any portion thereof to a condominium, stock cooperative, planned unit development, commercial use, industrial use, or vacant land.
means any association of mobilehome owners and/or mobilehome residents within a mobilehome park which has, not later than fifteen days after issuance of a notice of intent to convert a mobilehome park, provided the owner or manager of the mobilehome park written notice of the following:
means a mobilehome owner who is the primary wage earner of a household, or a single person, with any medically determinable physical or mental impairment limiting his or her mobility, substantially affecting his or her ability to obtain employment, or requiring special care facilities in the mobilehome. "Physical or mental impairment" is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.
means a structure designed for human habitation or for being moved on a street or highway with a permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Civil Code Section 799.29, a commercial modular, as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing, as defined in Section 19971 of the Health and Safety Code.
means a portion of a mobilehome park designated or used for the occupancy of one mobilehome.
means a person who has the right to use of a mobilehome lot within a mobilehome park on which to locate, maintain, and occupy a mobilehome, lot improvements and accessory structures for human habitation, including the use of the services and facilities of the park.
means an area of land where two or more mobilehome lots are rented or leased, or held out for rent or lease, to accommodate mobilehomes used for human habitation.
means a person, including mobilehome owner, who occupies a mobilehome.
means either the ownership of the mobilehome park after conversion by a resident organization of an interest in the mobilehome park that entitles the resident organization to control the operations of the mobilehome park for a term of no less than fifteen years, or the ownership of individual interests in the mobilehome park, or both.
(Ord. 818 § 2(part), 2008)
§ 17.79.030 Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – Incorporation of sections from Chapter 17.46, Conversion of Mobilehome Park to Other Uses.
A.
The following sections from Chapter 17.46, Conversion of Mobilehome Park to Other Uses, are incorporated herein to this chapter and shall apply to subdivisions created under the authority of Government Code Section 66427.4. In this instance, the application for the conversion of a mobilehome park shall mean the application for a tentative map or parcel map. A discretionary permit or a discretionary land use permit shall refer to a tentative map or parcel map.
Section 17.46.040 | Disclosure of Notification Requirements |
Section 17.46.050 | Applicability |
Section 17.46.060 | Right of Negotiated Purchase |
Section 17.46.070 | Notice to Prospective Residents |
Section 17.46.080 | Supplemental Information Required |
Section 17.46.090 | Conversion Impact Report |
Section 17.46.100 | Special Notice and Informational Meeting Requirements |
Section 17.46.110 | Mitigation of Adverse Impacts and Reasonable Costs of Relocation |
Section 17.46.130 | Applicant Obligations After Approval of the Conversion Impact Report |
Section 17.46.140 | Issuance of Grading and/or Building Permits |
(Ord. 818 § 2(part), 2008)
§ 17.79.040 Subdivisions governed by Government Code Section 66427.4 (conversion of a mobilehome park to another use) – Public hearings – Findings.
A.
A public hearing on the conversion impact report shall be held in conjunction with any public hearing by the planning commission and Cotati city council on the tentative map or parcel map and any legislative action or further discretionary land use approvals required for the subdivision of the mobilehome park.
B.
The planning commission shall make a recommendation to the Cotati city council on the adequacy of the conversion impact report.
C.
Upon receipt of the planning commission's recommendation, the city council shall hold a public hearing. City council approval of the conversion impact report shall require that the council make the following determinations:
1.
That the conversion impact report complies with the requirements of this chapter. If the city council determines that the conversion impact report does not comply with the requirements of this chapter, the city council shall specify in which respects the conversion impact report fails to comply with such requirements. The city council may condition any legislative actions and approval of the tentative or parcel map upon the completion of specific amendments to the conversion impact report. In the alternative, the city council may continue further action on the map until the conversion impact report is found by the city council to comply with the requirements of this chapter;
2.
That specified conditions shall be imposed upon the approval of the tentative map or parcel map to mitigate adverse impacts upon the ability of displaced mobilehome owners and mobilehome residents to find adequate housing in a mobilehome park and to require that reasonable costs of relocation be paid as set forth in this chapter.
D.
No legislative action or tentative map or parcel map approval shall be taken until the city council has first determined that the conversion impact report complies with the requirements of this chapter, or by specific amendments, will comply with this chapter, and conditions have been imposed on the applicant to mitigate adverse impacts on the displaced mobilehome owners and mobilehome residents through the requirement that the applicant pay the reasonable costs of relocation as set forth in this chapter.
E.
Prior to approving the tentative map or parcel map, the planning commission and city council shall consider the following factors:
1.
Whether there will exist at the time of the conversion of the mobilehome park to the use contemplated by the map application available mobilehome lots and other comparable housing within Sonoma County to accommodate the present mobilehome owners and mobilehome residents of the mobilehome park;
2.
If the proposed subdivision will create other residential uses, whether the mobilehome owners and mobilehome residents will have the opportunity to purchase or rent the residential units, and whether the applicant is providing financial incentives and financial assistance to present mobilehome owners and mobilehome residents to allow for such purchase or rental;
3.
Whether the proposed conversion will be detrimental to the public health, safety and general welfare.
(Ord. 818 § 2(part), 2008)
§ 17.79.050 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Applicability.
§ 17.79.060 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Survey of resident support.
A.
No later than ninety days before the applicant intends to file an application for a tentative map or parcel map to convert a rental mobilehome park to resident ownership, the applicant shall mail a notice to each mobilehome owner, mobilehome resident and the designated resident organization. The notice shall: (1) describe the proposed resident ownership project, (2) describe the approval process which will be required in order that the present mobilehome park may be converted to a resident ownership project, (3) include a projected time line for the conversion, (4) state that if the resident ownership project is approved, each existing tenant shall have the option to either purchase his or her condominium or subdivided unit or to continue residency as a tenant provided that such tenant remains in possession at such time as the tentative map or parcel map is approved, (5) state that if the resident ownership project is approved, and after the conversion of the mobilehome park occurs, mobilehome owners and mobilehome residents who choose to continue residency as a tenant shall be required to pay rent at market rate levels subject to the protections provided by Government Code Section 66427.5(f) which shall be described in the notice, (6) state that each mobilehome owner and mobilehome resident shall be provided with notice of any hearings before the planning commission or city council regarding the proposed resident ownership project and that such mobilehome owner and mobilehome resident shall have the right to appear and be heard at such meeting, (7) state that a survey shall be conducted by an independent entity to determine whether there is support for the proposed resident ownership project, and (8) state any other information the applicant deems relevant concerning the proposed resident ownership project.
B.
Within fifteen days of the date the notice was mailed, the applicant and representatives from the designated resident organization shall meet to discuss and agree on the manner in which the survey shall be conducted as required by Government Code Section 66427.5(d)(2). The applicant and the representatives from the designated resident organization shall also agree on the person or entity who shall conduct the survey. Such person or entity must be independent of the applicant and the mobilehome park owner.
C.
The survey shall be conducted by written ballot. Each occupied mobilehome space shall be entitled to one vote.
D.
The person or entity conducting the survey shall also circulate the mobilehome park petition and disclosure statement provided for in Government Code Section 66428.1(b) for the purpose of allowing the city to determine whether the requirement for a parcel map or a tentative map shall be waived as permitted by Government Code Section 66428.1 for resident ownership projects.
E.
The applicant shall be responsible for paying the full and complete costs of the survey. The notice provided for above, the survey and the survey results shall be submitted by the applicant at the time the application for the tentative map or parcel map is filed. No application for a tentative map or parcel map shall be deemed complete until the applicant has submitted the survey to the city and the city has determined that the survey complies with the requirements of Government Code Section 66427.5(d).
(Ord. 818 § 2(part), 2008)
§ 17.79.070 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Notice to prospective residents.
A.
Commencing at a date not less than sixty days prior to the filing of a tentative map or parcel map to convert the mobilehome park to a resident ownership project, the applicant, or his or her agent, shall provide notice to each prospective mobilehome owner and each prospective mobilehome resident who proposes to rent a mobilehome lot or rent a mobilehome within such park. The notice shall be in writing and in the form outlined in Government Code Section 66452.8(b). The notice shall be given prior to the acceptance of any rent or deposit from the prospective tenant.
B.
Failure by the applicant or his or her agent to give the notice required above shall not be grounds to deny the project. However, if the applicant or his or her agent fails to give such notice, and the prospective tenant moves into the mobilehome park and must later vacate the park, the applicant shall be responsible for paying the tenant the following:
1.
In the case of a mobilehome owner, the reasonable cost of relocating the homeowner's mobilehome, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, and earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the mobilehome owner caused by the relocation; reasonable living expenses of displaced mobilehome owner from the date of actual displacement to the date of occupancy at the new site; and payment of any security deposit required at the new site;
2.
In the case of a mobilehome tenant, or a mobilehome owner who sells his or her mobilehome and decides to move to alternate housing, the actual moving expenses incurred when moving from the mobilehome park plus the payment of any security deposit required at the new housing site;
3.
The first month's rent at the new rental unit or at the new mobilehome park, whichever is applicable.
C.
Notice that the applicant intends to apply for tentative or parcel map approval to convert the mobilehome park to resident ownership shall be posted by the applicant at all entrances to the mobilehome park and in a conspicuous location in the mobilehome park office and clubhouse.
(Ord. 818 § 2(part), 2008)
§ 17.79.080 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Conversion impact report.
A.
As part of the application for a tentative map or parcel map to convert the mobilehome park to resident ownership, the applicant shall file a conversion impact report as required by Government Code Section 66427.5(b). No application shall be deemed complete unless a conversion impact report has been filed and the city has determined that the report complies with the requirements of this section.
B.
At a minimum, the conversion impact report shall include the following, as well as any other information deemed necessary and appropriate by the city:
1.
Identification of all mobilehome owners and mobilehome residents who reside in the mobilehome park as of the date the application was filed. Of the mobilehome owners, the applicant shall identify those on rent control. The applicant shall also identify those mobilehome owners and mobilehome residents who are lower income as defined by Section 50079.5 of the Health and Safety Code, seniors, and/or disabled;
2.
A listing of those mobilehome owners and mobilehome residents in the mobilehome park who, as of the date the application was filed, would be entitled to purchase his or her condominium or subdivided unit or continue residency at the mobilehome park as a tenant after it is converted to a resident owner project, if such project is approved, as required by Government Code Section 66427.5(a). The applicant shall also list those mobilehome owners and mobilehome renters whom the applicant believes are not entitled to the protections of Government Code Section 66427.5(a) and the reasons therefor;
3.
A list of all mobilehome parks within Cotati, Sonoma County and within a fifty-mile radius and an identification of which of those mobilehome parks have vacancies and an identification of which of those mobilehome parks are comparable to the mobilehome park which is the subject of the conversion application. This list shall include the age of the mobilehome park and the mobilehomes therein, a schedule of rents for each park listed including the types of leases offered, the reported rent, and the criteria of the management of each park for acceptance of new tenants and used mobilehomes. Information pertaining to rent control, the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included. The report shall also include any written commitments from the mobilehome park owners that they are willing to accept displaced mobilehome owners with the listing of known available mobilehome lots;
4.
The availability and cost of rental housing of comparable size and quality in the Cotati and Sonoma County. The report shall include the identification and rent levels for all apartment complexes of forty or more units within a fifteen-mile radius of Cotati;
5.
The report shall also contain the applicant's best estimate of the number of mobilehomes in the park that may be accommodated in other locations and the number of mobilehomes for which no reasonable alternative location exists;
6.
A description of the improvements the applicant proposes to make to the mobilehome park prior to the park being marketed as a resident ownership project and a timetable for the performance of those improvements;
7.
An estimate of the purchase price projected for each condominium or subdivided unit and the terms and conditions under which each condominium or subdivided unit will be offered for sale to the general public;
8.
An estimate of the monthly rent projected for each condominium or subdivided unit and the terms and conditions which will be applicable to the rental of such units;
9.
A list of any incentives and/or financial assistance the applicant proposes to make available to mobilehome owners and mobilehome residents residing in the mobilehome park as of the date of the application in order to assist the purchase or lease of condominium or subdivided units;
10.
A discussion of whether any of the present mobilehome owners or mobilehome residents will be temporarily displaced during the conversion process to resident ownership, the length of time for such expected displacement and the manner in which the applicant proposes to mitigate the impacts caused to the mobilehome owner or mobilehome resident as a result of such displacement;
11.
A list of any incentives and/or financial assistance the applicant proposes to make available to mobilehome owners and mobilehome residents residing in the mobilehome park as of the date of the application who may seek to move to other housing instead of executing the right to purchase his or her condominium or subdivided unit or continue residency at the mobilehome park as a tenant after it is converted to a resident owner project;
12.
Such other documents or information as the city manager may reasonably require as part of the conversion impact report.
C.
The city, at its option and sole discretion, may have the conversion impact report reviewed by a qualified consultant. The applicant shall pay the full cost and expense of such review. Upon notification by the city manager that the city desires a review of the conversion impact report, the applicant shall pay to the city, within ten days of date of notice from the city, the amount determined necessary by the city to perform this review. If the city's initial estimate is not sufficient, the applicant shall pay all other reasonable amounts determined to be necessary by the city to complete this review within ten days of the date of notice by the city for such additional funds. If the city manager determines it necessary, the applicant shall revise the conversion impact report in conformance with the consultant review.
D.
The applicant shall provide a copy of the conversion impact report to each mobilehome owner and mobilehome resident of the mobilehome park at least fifteen days prior to the first hearing on the tentative map or parcel map by the planning commission.
(Ord. 818 § 2(part), 2008)
§ 17.79.090 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Rights of existing mobilehome owners and mobilehome residents upon conversion of a mobilehome park to resident ownership.
A.
All mobilehome owners and all mobilehome residents who resided in the mobilehome park on the date notice was provided pursuant to Section 17.79.060 and who have continued to reside in the mobilehome park as of the date the tentative map or parcel map was approved, shall be entitled to either purchase his or her condominium or subdivided unit that was created by the conversion of the park to resident ownership, or to continue residency as a tenant.
B.
The mobilehome owner or the mobilehome resident shall have the right to purchase his or her condominium or subdivided unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable. The right to purchase shall include the provision of any incentives or financial assistance identified by the applicant in the conversion impact report.
C.
If the mobilehome owner or mobilehome resident decides to continue residency as a tenant, market rate rents shall apply and rent control protections shall no longer be available. The market rate rental amount shall require city council discussion at a public hearing. The applicant shall be required, prior to the date of the hearing, to provide the city with an appraisal, conducted in accordance with nationally recognized professional appraisal standards, supporting the proposed market rate rent. After city council discussion, market rate rents shall not go into effect until the first subdivided unit in the resident ownership project is sold. Until the sale of the first unit has closed escrow and title has transferred, rent control protections shall continue to apply.
D.
For those mobilehome owners or mobilehome residents who decide to continue residency as tenants and who are not lower income households as defined by Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, shall increase from the pre-conversion rent to the market levels discussed by the city council, in equal annual increases over a four-year period. In the event the city council does not discuss the market level rental amount until after the first subdivided unit in the resident ownership project has sold, the mobilehome owner or mobilehome resident shall owe rent in accordance with this section from the date of the sale of that unit.
E.
For those mobilehome owners or mobilehome residents who decide to continue residency as a tenant and who are lower income households, as defined by Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, may increase from the pre-conversion rent by an amount equal to the average monthly increase in rent in the four years preceding the conversion, except in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. This rent increase shall not go into effect until the first subdivided unit in the resident ownership project has sold. Until such time, rent control protections shall continue to apply.
F.
The applicant may file an application for city council discussion of the market rate rent proposed by the applicant any time after escrow has been established for the sale of the first subdivided unit in the resident ownership project. The appraisal submitted by the applicant as part of the market rate setting discussion must have been completed within sixty days of the date the applicant's application was filed. The city shall not discuss the market rate setting if the appraisal is older than sixty days.
G.
The city shall provide notice of the hearing before the city council at least fifteen days prior to the hearing to each mobilehome owner and mobilehome resident of the mobilehome park. At the hearing, the city council shall determine if the appraisal submitted by the applicant was conducted in accordance with nationally recognized professional appraisal standards. If the city council determines that the appraisal was not conducted in accordance with nationally recognized professional appraisal standards, the city council shall order that a second appraisal be performed by an appraiser selected by the city council. The applicant shall be responsible for paying the full cost of this second appraisal. Once the second appraisal is complete, the city council shall schedule another public hearing with fifteen days' notice to each mobilehome owner and mobilehome resident.
H.
Mobilehome owners and mobilehome residents who, pursuant to subsection A, are entitled to either purchase their condominium or subdivided units or continue residency as tenants shall have until thirty days after the city council discusses the market rate rent to decide whether to purchase or rent. If the mobilehome owner or mobilehome resident decides to purchase, written notice to that effect must be mailed to the applicant within thirty days of the city council decision. Mobilehome owners or mobilehome residents who exercise the right to purchase by providing the thirty days' notice shall pay rent in accordance with subsections D and E until escrow on the purchase has closed. Mobilehome owners and mobilehome residents who do not exercise the option to purchase within the time provided above shall continue their residency as tenants subject to the rental obligations outlined in this section. No tenancy in the converted ownership project may be terminated except in accordance with Civil Code Section 798.56. For purposes of Civil Code Section 798.56, conversion of the mobilehome park to resident ownership shall not be deemed a change in use of the park pursuant to subsection (g) of Civil Code Section 798.56.
(Ord. 818 § 2(part), 2008)
§ 17.79.100 Subdivisions governed by Government Code Section 66427.5 (conversion of a mobilehome park to resident ownership) – Public hearings and conditions of approval.
A.
In addition to notice requirements otherwise imposed by law, the applicant shall post at all entrances to the mobilehome park and in a conspicuous location in the mobilehome park office and clubhouse, notice of the time, place and location of any public hearings before the planning commission or the city council concerning the review of the tentative map or parcel map to convert the mobilehome park to resident ownership. The notices shall be posted at least fifteen days before the date of such hearing.
B.
At the public hearing, the planning commission shall determine whether the conversion impact report complies with the requirements of Section 17.79.080 and shall make a recommendation to the city council on the adequacy of the conversion impact report.
C.
The city council, as part of the public hearing on the tentative map or parcel map, shall approve the conversion impact report if the city council determines that it complies with the requirements of Section 17.79.080.
D.
If the city council approves the tentative map or parcel map to convert the mobilehome park to resident ownership, the city council shall include as part of the conditions of approval the rights of existing mobilehome owners and mobilehome residents as specified in Section 17.79.090 above.
E.
A tentative or parcel map for the subdivision of a mobilehome park shall be approved if the following findings are made:
1.
A survey of resident support has been conducted and the results filed with the city in accordance with the requirements of Government Code Section 66427.5 and this chapter.
2.
A conversion impact report has been completed and filed with the city in accordance with the requirements of Government Code Section 66427.5 and this chapter.
3.
The conversion to resident ownership is consistent with the general plan, any applicable specific or area plan, and the provisions of Title 17 of the Cotati Municipal Code.
4.
The conversion is a bona fide resident conversion. For purposes of determining whether a proposed conversion is a bona fide resident conversion, the following criteria shall be used:
a.
Where the survey of resident support is conducted in accordance with Government Code Section 66427.5 and with this chapter shows that more than fifty percent of resident households support the conversion to resident ownership, the conversion shall be presumed to be a bona fide resident conversion.
b.
Where the survey of resident support conducted in accordance with Government Code Section 66427.5 and with this chapter shows that at least twenty percent but not more than fifty percent of residents support the conversion to resident ownership, the subdivider shall have the burden of demonstrating that the proposed conversion is a bona fide resident conversion. In such cases, the subdivider shall demonstrate, at a minimum, that a viable plan, with a reasonable likelihood of success as determined by the city, is in place to convey the majority of the lots to current residents of the park within a reasonable period of time.
5.
Appropriate provision has been made for the establishment and funding of an association or corporation adequate to ensure proper long-term management and maintenance of all common facilities and infrastructure.
(Ord. 818 § 2(part), 2008)
§ 17.79.110 Fees for costs incurred.
The city council may, by resolution, adopt a fee schedule for the costs incurred by the city in implementing the provisions of this chapter.
(Ord. 818 § 2(part), 2008)
§ 17.79.120 Violations.
In addition to any remedies or penalties for noncompliance with this chapter, as provided elsewhere in the Cotati Municipal Code, any owner of a mobilehome park or applicant who violates any rights of any mobilehome owner or mobilehome resident established under this chapter shall be liable to that person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no park owner shall take any willful action to threaten, retaliate against or harass any mobilehome owner or resident with the intent to prevent such person from exercising his or her rights under this chapter.
(Ord. 818 § 2(part), 2008)