Vacaville City Zoning Code
Division 14.11
SUBDIVISIONS
§ 14.11.010.010 Purpose.
The purpose of this division is to regulate dividing and merging land within the City, in accordance with and supplemental to the provisions of the state Subdivision Map Act, Division 2 of Title 7 of the California Government Code. This division provides information on the design, improvement, and technical information required for subdivisions. It also includes provisions on the form and content for all maps provided for by the state Subdivision Map Act, and approval procedures. Further, its purposes are to:
A.
Preserve the public health, safety, and general welfare;
B.
Promote orderly growth and development;
C.
Promote open space, conservation, protection, and proper use of land;
D.
Ensure provision for adequate traffic circulation, utilities, and services; and
E.
Implement the goals, objectives, and policies of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.010.020 Applicability.
This division applies to dividing or merging of real property within the City, including the preparation, filing, processing, approval or disapproval of tentative maps, parcel maps, final maps, parcel map waivers, vesting maps, lot line adjustments, mergers, reversions to acreage, and to other maps provided for by the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.010.030 Consistency With City Policies.
A.
Consistency With Adopted Plans. All land proposed to be subdivided or merged shall be consistent with the City's General Plan and any applicable specific plan or policy plan, the Land Use and Development Code, and other applicable City policies and/or provisions of the Municipal Code.
B.
Consistency With Planned Growth Ordinance. The acceptance and processing of subdivision maps are subject to the provisions of Division 14.05.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.010.040 Maps Required.
A.
Tentative Parcel Maps or Vesting Tentative Parcel Maps Required. A tentative parcel map or vesting tentative parcel map is required to be submitted and approved prior to submitting a parcel map in all instances where a parcel map is required by the Subdivision Map Act.
TABLE 14.11.010.A: MAPS REQUIRED FOR VARIOUS SUBDIVISION PROJECTS | ||
|---|---|---|
Project Type | Maps Required | Notes |
Urban lot split of 2 or fewer lots | Parcel map, tentative map, or final map | Refer to California Government Code Section 66411.7 for additional requirements |
Subdivisions creating 4 or fewer lots or condominiums | Tentative parcel map or vesting tentative parcel map, and a parcel map | Parcel map requirement may be waived, in accordance with Section 14.11.060.030 |
Subdivisions creating 5 or more lots or condominiums | Tentative map or vesting tentative map, and final map | |
Lot line adjustments between 4 or fewer existing adjoining parcels in accordance with SMA 66412(d) | Map exhibit, drawn to scale and suitable for recording with a certificate of compliance | Waiver of parcel map application shall be submitted with the appropriate documents |
Lot line adjustments between 5 or more existing adjoining parcels | Tentative parcel map and parcel map or tentative map and final map or lot merger | |
Reversion to acreage | Parcel map | |
Certificates of compliance and conditional certificates of compliance | Map exhibit, drawn to scale, and suitable for recording | Also needed: legal descriptions prepared by qualified individual |
Mergers | Map exhibit, drawn to scale and suitable for recording with a certificate of compliance | A fee shall be paid to the City of Vacaville in accordance with the current master fee schedule for processing a waiver of parcel map, at the time the request is made |
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.010.050 Decision Maker.
Subject to the provisions of Division 14.01, the City Engineer, Director of Community Development, Planning Commission and City Council have decision making authority over various aspects of the development applications governed by this Division. See Table 14.11.010.B, Level of Decision Maker.
TABLE 14.11.010.B: LEVEL OF DECISION MAKER | ||
|---|---|---|
Application Type | Decision Maker | Appeal Body |
Tentative Parcel Map or Vesting Tentative Parcel Map (4 or fewer lots) (without concurrent rezoning or other legislative action) | Director of Community Development (Vesting: Director of Community Development recommends, and City Council takes action) | City Council |
Tentative Parcel Map or Vesting Tentative Parcel Map (4 or fewer lots) (with concurrent rezoning or other legislative action) | Director of Community Development (Vesting: Planning Commission review and recommendation; Council takes final action) | None |
Tentative Tract or Vesting Tentative Tract Map (5 or more lots) (with or without rezoning or other legislative actions) | Planning Commission (Vesting: Planning Commission reviews and recommends; City Council takes final action) | None |
Parcel Map | Director of Community Development | City Council |
Final Map | City Council | None |
Lot Line Adjustment | City Engineer and Director of Community Development | Planning Commission |
Mergers | City Engineer and Director of Community Development | Planning Commission |
Reversion to Acreage | Director of Community Development | Planning Commission |
Condominium Conversions | Director of Community Development | Planning Commission |
Minor Amendments to Tentative Maps | Director of Community Development | City Council |
Time Extensions | Staff | |
Certificates of Compliance and Conditional Certificates of Compliance | City Engineer and Director of Community Development | City Council |
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.010 Tentative Subdivision Map Application Process and Review Procedures.
A.
The application and review procedures provided in Chapter 14.09.030 of this code apply to the tentative subdivision map process. This includes, but is not limited to, information on fees, public notices and hearings, and appeals.
B.
An application for a tentative subdivision map may be processed concurrently with other related development applications. In some instances, the Director of Community Development may require the concurrent submittal of related development applications. The Director of Community Development shall forward copies of the tentative subdivision map and pertinent information to affected public agencies, including the local school districts, and utility companies for comments and recommendations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.020 Tentative Subdivision Map Application Form and Content.
A.
Application Submittal Requirements. The applicant and/or subdivider shall submit a completed application form, and materials listed on the tentative map application checklist on file with the Community Development Department. The Director of Community Development may waive the submittal of any maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the tentative map and that no additional analysis is necessary.
B.
Supplemental Submittal Requirements. Supplemental information, data and reports may also be required and shall be submitted with, but not on, the tentative map, as specified by the Director of Community Development. The Director of Community Development may waive the submittal of supplemental maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the tentative map and that no additional analysis is necessary.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.030 Time Limit for City Review on Tentative Subdivision Maps.
A.
Determination of a Complete Application. The tentative map shall be considered complete when the map conforms to Sections 14.11.020.020 and 14.11.020.030 and when all accompanying data or reports have been submitted and accepted by the Director of Community Development, in compliance with state law, and consistent with Sections 14.11.020.020 and 14.11.020.030. If the application is not deemed complete, the Director of Community Development shall notify the applicant of its determination (including a list of items needed for a complete application) in writing.
B.
California Environmental Quality Act (CEQA) Compliance. The decision maker shall review the proposed tentative map within the time limits specified by applicable provisions of CEQA, Section 21151.5, and the Subdivision Map Act (SMA), Sections 66452.1 and 66452.2.
C.
The time limits specified in this section for acting on tentative maps may be extended by mutual consent of the subdivider (in writing or in the record at a public hearing) and City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.040 Action by the Decision Maker.
The Planning Commission may approve, approve with modifications or deny a tentative map application in accordance with the provisions of Chapter 14.09.030 of this code.
A.
The Planning Commission may modify or delete any of the conditions of approval recommended by the Director of Community Development except those conditions required by City ordinance or standard specifications as approved by the City Council. The Planning Commission may add additional requirements as a condition of its approval.
B.
The review of tentative maps, when filed in conjunction with a rezoning application that will increase the density of residential property, shall be processed in accordance with the provisions of Section 14.11.010.050.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.050 Findings Required for Action.
A.
Findings for Approval. When approving a tentative map, the Planning Commission shall adopt specific findings of fact. Findings shall be based on meeting the following criteria, and shall include, but not be limited to, the following:
1.
That the design of the proposed tentative subdivision map, and dedications and improvements associated with the proposed subdivision are consistent with the goals, objectives and policies of the General Plan and the Land Use and Development Code;
2.
That the proposed site is consistent with the intended use(s) permitted and density of the underlying zoning district, and no potential, imminent health or safety impacts would result from the project;
3.
That the design of the subdivision or the proposed improvements are consistent with the applicable provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21081;
4.
That the design of the subdivision or the type of improvements will not be detrimental to the public health, safety, or welfare;
5.
That the design or the type of improvements of the proposed subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the boundary of the proposed subdivision;
6.
That public facilities, including water, sewer, parks, schools, and other facilities, are available to serve the proposed subdivision or will be made available as a condition of approval to serve the proposed subdivision, without adversely affecting the existing public facilities serving the surrounding neighborhoods; and
7.
That projected traffic levels and levels of service are, or as a result of conditions of approval, will be consistent with the policies of the Transportation Element of the General Plan.
B.
Findings for Denial. When denying a tentative map, the Planning Commission shall adopt specific findings of fact. These findings shall be based on the following criteria, and shall include, but are not limited to, the following:
1.
That the design of the proposed tentative subdivision map, and dedications and improvements associated with the proposed subdivision are not consistent with the goals, objectives, and policies of the General Plan and the Land Use and Development Code;
2.
That the proposed site is not consistent with the intended use(s) permitted and density of the underlying zoning district, and potential, imminent health or safety impacts would result from the project;
3.
That the design of the subdivision or the proposed improvements are not consistent with the applicable provisions of the California Environmental Quality Act (CEQA), Public Resources Code Section 21081;
4.
That the design of the subdivision or the type of improvements will be detrimental to the public health, safety, or welfare;
5.
That the design or the type of improvements of the proposed subdivision will conflict with easements, acquired by the public at large, for access through or use of property within the boundary of the proposed subdivision;
6.
That dedications and improvements associated with the proposed subdivision are not consistent with the General Plan and the Land Use and Development Code;
7.
That adequate public facilities, including water, sewer, parks, schools, and other facilities, are not or cannot be made available to serve the proposed subdivision without adversely affecting the existing public facilities serving the surrounding neighborhoods; and
8.
That projected traffic levels and levels of service are not consistent or will not be consistent with the policies of the Transportation Element of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.060 Expiration and Time Extensions.
The approval or conditional approval of a tentative map shall expire 24 months after the date of approval by the decision maker unless the map is recorded or a request for extension is filed. The expiration date may be extended in accordance with the provisions of this division, or if a time extension application is filed in accordance with the provisions of Chapter 14.09.030 of this code.
A.
If all required certificates or statements on the final map have been signed and, where necessary acknowledged, completed agreements and documents, and all conditions of approval are complied with to the satisfaction of the City Engineer and Director of Community Development, and have been received by the City prior to expiration of the approved tentative map, processing of the final map may occur in accordance with Chapter 14.11.040 of this code.
B.
The subdivider may request an extension of the expiration date of an approved tentative map by filing a time extension application with the Community Development Department, in compliance with Chapter 14.09.030 of this code within 30 calendar days of the expiration date of the map. The map shall automatically be extended for 60 calendar days or until the application for the extension is approved or denied, whichever occurs first.
1.
The Director of Community Development shall take action on the time extension, in accordance with the provisions of Chapter 14.09.030 of this code.
2.
If the Director of Community Development denies the request for an extension, the subdivider may appeal the action within 15 calendar days after the extension is denied, in accordance with the provisions of Chapter 14.09.030 of this code.
C.
The period of time that an approved tentative map is valid may be extended in certain situations in accordance with the provisions of the Subdivision Map Act. These include:
1.
Periods of time during which a development moratorium is imposed after the approval of a tentative map or where a lawsuit is pending if the stay of time is approved by the City; or
2.
In situations where the City has approved the filing of multiple final maps based upon a single approved tentative map and whereas a condition of the approval the subdivider is subject to a requirement to construct or improve or finance the construction of substantial public improvements outside the boundaries of the tentative map. This may extend the life of an approved tentative map by an additional 36 months; provided, that it shall not extend the tentative map more than 10 years from its initial approval date;
3.
There are several qualifiers within the provisions of the Subdivision Map Act that relate to subsections C.(1) and (2) of this section that need to be consulted in determining whether or not an approved tentative map may qualify for an extended period.
D.
Expiration of an approved tentative map shall terminate all proceedings relative to the final map. No final map of all or any portion of land included within the boundaries of the tentative map shall be filed without the developer first submitting an application and receiving approval for a new tentative map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.020.070 Modifications to Approved Tentative Subdivision Maps.
Changes to either the map or to the conditions of approval of an approved tentative map shall be subject to the provisions of Section 14.09.030.110.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.010 Consistency With Approved Tentative Maps.
The final map shall substantially conform to the approved tentative map. The Director of Community Development has the authority to determine if the final map is consistent with the approved tentative map, including all conditions of approval.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.020 Multiple Final Maps.
The filing of multiple final maps based on an approved tentative map may be approved by the Director of Community Development in accordance with the provisions of this division and the following:
A.
Each final map that constitutes a part or unit of the approved tentative map shall have a separate subdivision unit number.
B.
The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision as determined by the City Engineer. The improvements may be within or outside of the area covered by the subject final map.
C.
Each final map phase shall be functionally self-sufficient with all the necessary public improvements, as determined by the City Engineer.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.030 Form and Content.
The form and content of final maps and of any accompanying data shall conform to the provisions of this division and as specified by the City Engineer.
A.
Final maps shall be based upon an accurate and complete survey of the land to be subdivided, and in conformance with the Land Surveyor's Act.
B.
The final map shall be prepared, and the survey made, by or under the direction of a registered civil engineer licensed to practice land surveying or licensed land surveyor.
C.
All monuments, property lines, street centerlines, alleys and easements adjoining or within the subdivision shall be tied to the survey. The map shall show the location and description of all monuments employed in making the survey of the subdivision.
D.
The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.040 Submittal and Review.
The subdivider shall submit prints of the final map to the City Engineer for review. For the purposes of this division, the final map shall be considered filed when the City Engineer has received all the required prints of the map and improvements plans, the payment of the initial plan check and map check fees, and other information required by this division, the Land Use and Development Code, or other information as specified by the Director of Community Development or City Engineer.
A.
The preliminary prints shall be accompanied by the following information, data, plans, reports and documents in a form approved by the City Engineer:
1.
Traverse sheet(s) or computer closures in a form approved by the City Engineer giving bearings, distances and coordinates of the boundaries of the subdivision, interior blocks, lots, easements, street centerlines and monument lines;
2.
Improvement plans and agreements in accordance with the dedication and improvements requirements in Division 14.12;
3.
A soils report prepared in accordance with the requirements of the City Engineer;
4.
Complete hydrology and hydraulic calculations of all storm drains;
5.
A preliminary title report showing the legal owners at the time of submittal of the final map;
6.
Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and maintenance;
7.
Any additional information, data, plans, reports, and documents as required by the City Engineer; and
8.
The City Engineer may waive or defer the submittal of any of the items noted above in subsection A of this section. The waiver shall be based upon a determination that the information was not required by a condition of approval and that there is adequate information within the City's existing records that the additional analysis is not needed, or that the required item does not pertain to the map.
B.
The City Engineer shall review the final map and accompanying documents for compliance with this division as to form and content. The subdivider's engineer or surveyor shall make corrections until the map and accompanying documents are acceptable to the City Engineer.
1.
After the City Engineer has determined that final map and accompanying documents are acceptable, the subdivider's engineer or surveyor shall submit an original tracing of the map, in its final form and signed by all parties required to execute the statements on the map, excluding City signatures.
2.
The accompanying documents include the bonds, security, agreements, deeds, the remainder of plan check and inspection fees, and other unpaid fees.
C.
Conditions, Covenants, and Restrictions (CC&Rs) Required. CC&Rs, if prepared for a subdivision, shall be submitted to the Director of Community Development for review and comment prior to the final map.
D.
Once the City Engineer and Director of Community Development determines that the final map and accompanying documents are complete, the final map shall be considered for action by the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.050 Additional Information.
The City may require additional information to be recorded concurrently with the final map.
A.
The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of recording, and is not intended to affect record title interest.
B.
The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.
C.
Whenever additional information is made by separate document, there shall appear on the final map a reference to the separately recorded document.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.060 City Council Action.
The Council shall review the final map and accompanying documents at a regularly scheduled meeting and shall approve the final map if the map meets all the requirements and conditions imposed by this division. If the map does not substantially conform to the approved tentative map, the City Council shall deny the final map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.030.070 Filing With the County Recorder.
Upon approval of the final map by the City Council, the City Engineer shall then release the final map, with all required signatures, and any accompanying documents to the subdivider's title company for recordation by the County Recorder.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.040.010 Application and Review Procedures.
Unless otherwise specified below, the application and review procedures, as described in Chapter 14.09.030 of this code, shall apply to the tentative parcel map process. This includes, but is not limited to, information on fees, public notices, and hearing, and appeals.
A.
The form and content of the tentative parcel map shall be in accordance with Section 14.11.020.020.
B.
The Director of Community Development may require additional information or waive any of the requirements if the location and nature of the proposed tentative parcel map or existing documentation demonstrates that waiving the requirements is justified and is not necessary to review and process the application.
C.
The Director of Community Development shall forward copies of the tentative parcel map and pertinent information to affected public agencies and utility companies for their comments and recommendations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.040.020 Time Limits for Action on Tentative Parcel Maps.
The Director of Community Development shall act on the tentative parcel map within the time limits specified in Section 14.11.020.040.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.040.030 Action by the Director of Community Development.
The Director of Community Development may approve, approve with modifications, or deny a tentative parcel map application in accordance with the provisions of Division 14.01.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.040.040 Findings Required for Action.
A.
The Director of Community Development, when approving a tentative parcel map, shall adopt findings of fact consistent with Section 14.11.020.050.A.
B.
The Director of Community Development when denying the tentative parcel map shall adopt findings of fact consistent with Section 14.11.020.050.B.
(Ord. 1972, Repealed and Replaced, 02/22/2022; Ord. 1985, Amended, 07/25/2023)
§ 14.11.040.050 Expiration and Time Extension.
The approval of the tentative parcel map shall expire 24 months from the date of its approval by the decision maker. The expiration of the tentative parcel map may be extended in accordance with the provisions of Section 14.11.020.070.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.040.060 Modifications to Approved Tentative Parcel Maps.
Minor changes to tentative parcel maps may be approved in accordance with the requirements of Section 14.11.020.070 by the Director of Community Development.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.050.010 Final Parcel Maps.
A parcel map is required for recording subdivisions that consist of four or fewer lots.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.050.020 Form and Content.
The form and content of a final parcel map shall conform to this division, and as specified by the City Engineer.
A.
Parcel maps shall be based either upon an accurate and complete survey of the land to be subdivided or demonstrate compliance from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of one of these boundary lines can be established from an existing monument line.
B.
The parcel map shall be prepared, and the survey made, by or under the direction of a registered civil engineer or licensed land surveyor.
C.
All monuments, property lines, street centerlines, alleys and easements adjoining or within the subdivision shall be tied to the survey. The map shall show the location and description of all monuments employed in making the survey of the subdivision.
D.
The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.050.030 Submittal and Review.
The subdivider shall submit prints of the parcel map to the City Engineer for review.
A.
The plans shall be accompanied by the information, data, reports and documents as required for final maps by Section 14.11.030.030, unless waived by the City Engineer if it can be demonstrated that any of the required information is not necessary.
B.
The City Engineer shall review the parcel map and the subdivider's engineer or land surveyor shall make corrections until the map is acceptable to the City Engineer.
C.
The subdivider's engineer or land surveyor shall submit the original tracing of the map, corrected to its final form, and signed by all parties required to execute the statements on the map, to the City Engineer.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.050.040 Approval.
The Director of Community Development shall approve the parcel map if it complies with the requirements of this division, and the approved tentative parcel map, and conditions of approval.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.050.050 Filing With the County Recorder.
Upon approval of the parcel map, the City Engineer shall then release the parcel map to the subdivider's title company for recordation by the County Recorder.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.060.010 Application and Review Procedures.
Unless otherwise specified below, the application and review procedures, as described in Chapter 14.09.030 of this code, shall apply to the waiver of parcel maps process. This includes, but is not limited to, information on fees, public notices, and hearing, and appeals. The waiver request shall describe how the proposed subdivision complies with each finding specified in Section 14.11.060.030.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.060.020 Time Limits for Action on Waiver of Parcel Map Requests.
The Director of Community Development shall take action on the waiver of parcel map requests within the time limits specified in Section 14.11.020.040.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.060.030 Criteria.
The Director of Community Development may waive the requirements for a parcel map if the following findings of fact can be made:
A.
These findings shall pertain to the property as it exists prior to the proposed subdivision and that the proposed division of land:
1.
Complies with requirements as to site area;
2.
Complies with requirements as to improvement and design;
3.
Complies with requirements as to floodwater drainage control;
4.
Complies with requirements as to appropriate improved public roads;
5.
Complies with requirements as to sanitary disposal facilities;
6.
Complies with requirements as to water supply availability; and
7.
Complies with requirements as to environmental protection.
B.
A parcel map waiver may include conditions of approval to provide for payment of park land dedication, drainage, and other fees by a method approved by the Director of Community Development.
C.
If the Director of Community Development denies an application to waive a parcel map, the decision may be appealed to the Planning Commission in accordance with Section 14.09.030.120, or the subdivider may apply for a tentative parcel map in accordance with this division.
D.
Upon waiving the requirements for a parcel map the Director of Community Development shall cause to be filed with the County Recorder any necessary documents showing the subdivision of land. The documents shall include a statement regarding payment of taxes for signature by the County Clerk.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.010 Vesting Tentative Maps.
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this division, requires a tentative map or tentative parcel map for a subdivision, an applicant may instead file a vesting map in accordance with this division.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.020 Application Submittal Requirements.
In compliance with the Subdivision Map Act, a subdivider shall file a vesting tentative map in the same form and have all contents, accompanying data and reports required for a tentative map or a tentative parcel map and the following:
A.
At the time a vesting tentative map or tentative parcel map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map" or "Vesting Tentative Parcel Map."
1.
Materials Listed on the Vesting Tentative Map Application and Supplemental Information Checklists on File With the Department. The Director of Community Development may waive the submittal of any maps or reports required if the Director of Community Development determines that adequate information exists in City records regarding the area involving the vesting tentative map and that no additional analysis is necessary.
2.
The vesting tentative map application submittal shall also include submittal of architectural plans and use of all buildings proposed to be constructed within the subdivision, including the proposed height, size, and location of buildings.
3.
Proposed grading plans based on actual field topographic surveys.
B.
All vesting map submittals shall be accurate and complete and shall meet all the requirements of this title and the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.030 Review Procedures.
The review procedures shall apply to vesting map. The City Council shall be the final decision maker for all applications, upon recommendation by the Planning Commission.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.040 Expiration and Time Extensions.
The approval of a vesting map shall expire at the end of the same time period and shall be subject to the same extensions of time established by this division in Section 14.11.040.050 for the expiration of approval of a tentative map or tentative parcel map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.050 Amendments to Approved Vesting Tentative Maps.
Changes to either the map or to the conditions of approval of an approved vesting tentative map shall be subject to the provisions of Section 14.11.020.070.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.060 Vesting on Approval of Vesting Tentative Maps.
The approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2, and as follows:
A.
The vested right to proceed with development shall only apply to those development entitlements submitted and approved concurrently with the vested tentative tract map or vested tentative parcel map.
B.
The ordinances, standards and policies in effect at time of approval may include programs or mechanisms that contain ongoing provisions and may even include built-in inflation-based adjustments. For example:
1.
The issuance of residential building permits will be subject to the provisions of the Planned Growth Ordinance, Division 14.05, as it exists at time the submittal of the approved vesting tentative map was deemed complete;
2.
Development impact fees will be based upon the fees calculated at the time of building permit issuance because the ordinance that requires the fees includes an annual inflation adjustment factor; and
3.
Building permit fees will be based upon the fees calculated at the time of building permit issuance because the ordinance that requires the fees includes a provision that building fees are based on the calculation of building valuation determined at the time of building permit issuance.
C.
If Section 66474.2 of the Government Code is repealed, the approval of a vesting tentative tract map or vesting tentative parcel 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 vesting tentative map is approved versus the time the submittal of the tentative map application was deemed complete.
D.
Regardless of the vested rights, a permit approval, extension, or entitlement may be made conditional or denied if any of the following determinations are made by the Director:
1.
A failure to do so would result in a health and/or safety threat to residents or business tenants of the subdivision or the immediate community; or
2.
The condition or denial is required to comply with state or federal law.
E.
The rights referred to in this section shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map or vesting tentative parcel map. If the final map or parcel map is recorded, these rights shall extend for the following time periods:
1.
An initial time of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;
2.
The initial time period set forth in subsection E.(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if such processing exceeds 30 calendar days from the date a complete application is filed;
3.
A subdivider may apply for a one-year extension at any time before the initial time set forth in subsection E.(1) of this section expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 calendar days; and
4.
If the subdivider submits a complete application for a building permit during the periods of time specified in subsection E.(1) of this section, the rights referred to in this section shall continue until the expiration of that permit or any extension of that permit.
F.
If after the approval of a vesting tentative map, the ordinances, policies or standards that comprised the vested rights are changed, the subdivider or the subdivider's assignee may file an application to modify the approval to secure a vested right to proceed in accordance with the changed ordinances, policies or standards; provided, that:
1.
The subdivider files the application to modify the approval prior to the expiration of the approved vesting tentative map;
2.
The application for modification clearly specifies the changes in the ordinances, policies or standards the subdivider is seeking to apply to the approved development; and
3.
The modification process is subject to the provisions of Section 14.11.020.050.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.070.070 Development Inconsistent With Zoning.
If a subdivider files a vesting tentative map or a vesting tentative parcel map for a subdivision and the intended development is not consistent with any applicable provisions of the Land Use and Development Code, as it exists at the time of application, it shall be remedied as follows:
An application shall be filed for an amendment to the Land Use and Development Code or zone change to eliminate any inconsistency, and it shall be processed concurrently with the vesting tentative map in accordance with the applicable provisions of this title. The vesting tentative map may be approved only if the requested Land Use and Development Code amendment or zone change is adopted by the City Council. If the Land Use and Development Code amendment or the zone change request is denied, then the vesting tentative map shall be deemed denied.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.010 Purpose.
The purpose of this chapter is as follows:
A.
To establish requirements and procedures for the approval of conversion of existing multiple-family rental housing and nonresidential structures to residential condominium and community apartment projects and nonresidential condominiums, respectively;
B.
To provide a reasonable balance of rental and ownership housing within the City to help ensure for the housing needs of all economic segments of the community;
C.
To provide a variety of individual choices of tenure, type, price and location of housing and to maintain the supply of rental housing for low and moderate-income persons and families; and
D.
To establish rules and standards to regulate the conversion to residential condominium projects and community apartment projects in the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.020 Applicability.
The regulations set forth in this chapter shall apply to converting existing multiple-family residential rental housing to residential condominium, community apartment, and stock cooperative projects.
A.
The conversion of nonresidential structures to condominium projects shall be subject to the provisions of the Subdivision Map Act and the application process and procedures established by this division for tentative parcel maps and parcel maps.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.030 Apartment Vacancy Factor.
An application to convert multifamily rental housing units ("apartments") to nonrental multifamily housing units ("condominiums") shall be supported by a vacancy survey, funded by the applicant. The survey shall include information pertaining to the number and percentage of apartments within the City that are available to rent and occupy at the time of the survey. The survey shall include the following information:
A.
Data on the number of rental apartment units, which are vacant, newly constructed, or occupied or otherwise unavailable by rent level and number of bedrooms. Units in newly constructed apartment complexes, which have not been available for rent to the public for six months or more, shall be included in the survey, but shall not be used in calculating the vacancy rate unless the complex has an occupancy rate of 90 percent or more at the time of the survey.
B.
Data on the number of senior-only rental apartment units, which are vacant, newly constructed, occupied or otherwise unavailable, by rent level and number of bedrooms. Senior-only rental apartment units with restricted or controlled rents shall be included in the survey but shall not be used in calculating the vacancy rate because: (1) such rents would lower the median rent levels for market-rate units, (2) the purpose of the survey is to determine the climate of the rental market in order to respond to requests to convert apartments to condominiums, and (3) the long-term affordability agreements that encumber such units prevent the units from being converted to condominiums.
C.
The survey shall be conducted and prepared by a person or entity that is qualified to conduct and perform such surveys. The applicant may submit the names of such persons or entities to the Director of Community Development who shall select and approve the person or entity. The Director of Community Development shall notify the applicant of the cost of the survey. The applicant shall pay such cost to the City prior to when the survey is conducted.
D.
The results of the survey shall be presented to the Planning Commission upon consideration of the condominium conversion entitlement process.
E.
If the vacancy percentage is found to be less than three percent, there shall be deemed to exist a "severe rental housing shortage" in the City. The applicant, however, may submit a request to the Director of Community Development that another survey be conducted at the applicant's expense in order to confirm that a severe rental housing shortage exists in the City.
F.
No application for a conversion of existing multifamily rental housing shall be approved if a "severe rental housing shortage" is deemed to exist. In approving an application for a conversion, the decision maker shall find that the conversion will not result in, or contribute to, a severe rental housing shortage, and that the conversion will promote the orderly growth and development of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.040 Final Map Required.
A final map shall be recorded in accordance with the provisions of this division before an existing apartment project is converted to condominium, community apartment or stock cooperative units.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.050 Development Standards.
All conversion projects shall conform to the following development standards:
A.
Each unit shall be separately metered for gas and electricity so that the unit owner can be separately billed for each utility. A water shutoff valve shall be installed for each unit or for each plumbing fixture;
B.
Each unit shall have its own electrical power supply to serve the unit; and
C.
Wall and floor-ceiling assemblies shall conform to the sound insulation performance criteria in accordance with the provisions of the California Administrative Code and may only be replaced by another floor covering that provides the same or greater insulation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.060 Application Process and Review Procedures.
The conversion of existing apartment units to condominium and community apartment units shall be subject to the following:
A.
In addition to the information and material submitted as part of the application process for planned developments and tentative maps, the Director of Community Development may require supplemental information, including, but not limited to, the following:
1.
Mailing list and labels with the name and address of current tenants of the project;
2.
A copy of all the proposed organizational documents that are required to be filed with the Department of Real Estate and the state, in accordance with the provisions of the Civil Code, Business and Professions Code, or other applicable state laws or policies. To the extent the information required to be furnished to the state agencies is not available at the time of application, any planned development permit issued under this chapter shall require the developer to furnish such information to the City within 10 calendar days of submission of the documents to the Department of Real Estate; provided, that the developer shall file with the City a copy of the final public report within 10 calendar days of issuance by the Department of Real Estate;
3.
A property report, prepared by a licensed contractor or registered engineer, describing the condition of the premises, and an estimate of the remaining useful life of each of the following elements of each structure situated within the project proposed for conversion:
a.
Roofs, foundations, and exterior paint;
b.
Paved surfaces;
c.
Mechanical and electrical systems;
d.
Plumbing systems, including sprinkler systems for landscaping;
e.
Utility delivery systems and central or community heating and air conditioning systems;
f.
Fire protection systems including any automatic sprinkler systems, alarm systems or standpipe systems; and
g.
Structural elements;
4.
A written and signed statement that the subdivider for the proposed conversion project has provided all of the adequate notices required by the Subdivision Map Act and other applicable state code provisions. Copies of the different notices shall be attached to the written statement.
B.
In addition to the noticing requirements of Chapter 14.09.030 of this code, the Director of Community Development shall also mail notices and staff reports to each tenant of the proposed condominium, community apartment or stock cooperative project, in accordance with the provisions of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.070 Action by Decision Maker.
The Director of Community Development may approve, approve with modifications, or deny the applications for a planned development permit and tentative map in accordance with the provisions of this chapter and Chapter 14.09.010 of this code.
A.
The decision maker shall make findings of fact when approving or denying an application for condominium conversion projects. These findings shall include, but not be limited to, the following:
1.
That the project is consistent with the findings for any concurrent applicable land development application;
2.
That the project is consistent with the provisions of this chapter; and
3.
The decision maker may deny the application for the proposed conversion if it is not consistent with the provisions of this chapter, or if it meets the findings for denial of any concurrent applicable land use application.
B.
Exceptions to Design Standards. The decision maker may grant exceptions to the provisions of Section 14.11.080.050 if it finds that:
1.
There are circumstances applicable to the subject property or to the structures located on the property, including, but not limited to, the size, shape, location or surroundings of the subject property or the buildings located on the property, where the strict application of the development standards would create an unreasonable economic hardship;
2.
Overall, the project will provide for substantial compliance with such development standards; or
3.
The project has incorporated mitigating features into its design which further the purposes of this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.080.080 Actions Prior to the Final Condominium Map.
Prior to the City Council approving a final map related to a proposed condominium, community apartment, or stock cooperative conversion project the following items shall be completed:
A.
A determination by the Director of Community Development that all of work, as required by the conditions of approval for the planned development permit or the tentative map, has been completed which brings the project into compliance with the City's Housing, Building and Fire Code regulations.
B.
The City Council shall make certain findings of fact that the special requirements related to tenant notices have been delivered in accordance with the provisions of Section 66427.1 of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.090.010 Corrections to Recorded Maps.
A final map or parcel map may be amended by a certificate of correction, or by an amending final subdivision map subject to the provisions of this chapter. A final or parcel map may be amended for any of the following purposes:
A.
To correct an error in any course or distance shown on the map; provided, that the error is ascertainable from the data shown on the final or parcel map;
B.
To show any course or distance that was omitted from the map;
C.
To correct an error in the description of the real property shown on the map;
D.
To indicate monuments set after the death, disability, replacement or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
E.
To show the proper location of any monument which has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character;
F.
To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right; and
G.
Errors and omissions may include, but are not limited to, lots and numbers, acreage, street names and identification of adjacent record maps.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.090.020 Application and Review Procedures.
The application and review procedures for an amending map or certificate of correction are as follows:
A.
An Amending Map. The review process for the change shall be the same as the review process for the original final subdivision or final parcel map.
1.
An application and appropriate filing fees shall be submitted in accordance with the provisions of Chapter 14.09.030 of this code;
2.
The amending map shall conform to the requirements of Chapter 14.11.030 of this code if amending a final map, or Chapter 14.11.050 of this code if amending a parcel map; and
3.
The amending map shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
B.
A Certificate of Correction. A certificate of correction shall be processed in the following manner:
1.
The certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor;
2.
An application and appropriate filing fees shall be submitted in accordance with the provisions of Chapter 14.09.030 of this code; and
3.
The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.090.030 Action by the City Engineer.
The City Engineer or City Surveyor shall examine the amending map or certificate of correction for form and content as required by the provisions of this chapter.
A.
If the only changes made are those specified in Section 14.11.090.010.A, then it shall be certified by the City Engineer or City Surveyor on the amending map or certificate of correction.
B.
If the changes are of a greater extent than those specified by Section 14.11.090.010.A, then the City Engineer or City Surveyor shall return the amending map or certificate of correction along with a written statement of what revisions are needed such that it conforms with the provisions of this chapter.
C.
For certificates of correction, the City Engineer or City Surveyor shall have 20 calendar days to review and certify the certificate of correction and release it for recordation.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.090.040 Filing With the County Recorder.
Upon approval of the amending map or certificate of correction by the City Engineer, the approved documents shall then be released to the subdivider's title company for recordation by the County Recorder. Upon recordation, the original map shall be deemed to have been corrected and shall impart a constructive notice of all such corrections in the same manner as though upon the original map.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.100.010 Lot Line Adjustments.
A.
An application for a lot line adjustment is required for a boundary adjustment between two or more contiguous parcels, subject to the provisions of this chapter. The contiguous parcels may or may not be owned by the same owner.
B.
The lot line adjustment process may be used to reconfigure the shape of the contiguous parcels by adjusting the location of one or more lot lines; provided, that the new lots will conform to the minimum zoning standards and Building Codes, and that no new parcels are created.
1.
The applicant shall submit an application for a lot line adjustment to the City Engineer.
2.
The application is also forwarded to the Director of Community Development to ensure conformance with the General Plan and the Land Use and Development Code.
3.
The Director of Community Development, upon a determination that the submittal meets all requirements of this division, shall approve the lot line adjustment.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.100.020 Application Process and Review Procedures.
Unless otherwise specified below, the application and review process, as described in Chapter 14.09.030 of this code, Common Procedures, shall apply to the lot line adjustment process. This includes, but is not limited to, information on fees, public notices and hearings, and appeals.
A.
The lot line adjustment exhibit shall be prepared by a registered civil engineer or licensed land surveyor, and shall include the information requested on the application form and checklist on file with the Community Development Department;
B.
The Director shall forward copies of the lot line adjustment request and pertinent information to affected public agencies and utility companies for comments and recommendations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.100.030 Action by the Director of Community Development.
The Director of Community Development may approve a proposed lot line adjustment, subject to the following provisions:
A.
That the resulting lots are serviced by public rights-of-way and improvements and that either the existing development or future development of the parcels can be accommodated pursuant to the applicable provisions of the Land Use and Development Code and Building Codes.
B.
The Director of Community Development may condition the approval for any of the following:
1.
To conform to the applicable provisions of the Land Use and Development Code and Building Codes, such as minimum setbacks, lot area, and lot width and depth;
2.
To facilitate the relocation of existing utilities, infrastructure, or easements;
3.
That taxes, bonds and assessments are readjusted as necessary.
C.
If the Director of Community Development finds that the submittal is inconsistent with this Division or violates applicable provisions of the Land Use and Development Code, then the Director of Community Development shall deny the lot line adjustment.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.100.040 Filing With the County Recorder.
Upon approval of the lot line adjustment, the Director of Community Development shall release the approved documents to the property owner's title company for recordation by the County Recorder.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.110.010 Initiation of Reversion to Acreage.
Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. Reversions may be initiated as follows:
A.
City-Initiated.
1.
A reversion to acreage may be initiated by the City Council at the City Council's discretion through a specific action, through the adoption of the City's operating budget, or through any other form of City Council action; and
2.
The Director of Community Development, based upon Council's direction, shall obtain the necessary information to prepare the required maps and documents to proceed with reversion to acreage in accordance with the provisions of this chapter.
B.
Non-City-Initiated. Proceedings to revert subdivided property to acreage may be initiated by application of all the owners of record of the property in accordance with this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.110.020 Application Process and Review Procedures.
A subdivider shall file an application for a tentative parcel map for a reversion to acreage in accordance with Chapter 14.11.040 of this code.
A.
In addition to those items specified by Chapter 14.11.040 of this code, an application for reversion to acreage shall also contain:
1.
Evidence of consent of all the owners of interest in the property;
2.
Evidence that none of the improvements required to be made have been made within two years from the date the final or parcel map was recorded, or within the time allowed by agreement for completion of the improvements, whichever is later;
3.
Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was recorded;
4.
Any other information deemed necessary by the Director of Community Development to process the application.
B.
The application for a reversion to acreage shall also indicate:
1.
Dedications which will not be vacated;
2.
Dedications required as conditions of reversion; and
3.
The words "the purpose of this map is a reversion to acreage" conspicuously designated with the title.
C.
The review procedures as described in Chapter 14.11.040 of this code shall apply to the reversion to acreage process.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.110.030 Action by the Director of Community Development.
In addition to the provisions of Chapter 14.11.040 of this code, the Director of Community Development may also require, as conditions of approval for any reversion to acreage, the following:
A.
Dedication or offers of dedication for street, public rights-of-way, or easements.
B.
The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if necessary, to accomplish any of the provisions of this chapter.
C.
Other conditions as are necessary to accomplish the purposes of this chapter or necessary to protect the public health, safety, or welfare.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.110.040 Criteria.
Applications for a reversion to acreage shall meet the following criteria:
A.
That the submittal meets with all the requirements of this division;
B.
That dedications or offers of dedication to be vacated or abandoned as part of the reversion to acreage are unnecessary for present or prospective public purposes; and
C.
One or more of the following three items:
1.
All owners of an interest in the real property within the subdivision have consented to reversion;
2.
None of the improvements required to be made have been made within two years from the date the final or parcel map was recorded, or within the time allowed by agreement for completion of the improvements, whichever is later; or
3.
No lots shown on the final or parcel map were sold within five years from the date the map was recorded.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.110.050 Filing With the County Recorder.
Upon approval of the parcel map for reversion to acreage as provided by this division, the City Engineer shall release the parcel map to the subdivider's title company for recordation by the County Recorder. Upon recordation, all dedications and offers of dedication not shown on the parcel map for reversion shall be of no further force or effect.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.010 Mergers Not Required.
Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this title shall be required for the purpose of sale, lease or financing, except as provided by this chapter.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.020 Mergers Required.
If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations regarding site area to permit development (whether or not already developed), and at least one parcel or unit has not been developed with a building for which a building permit is required and was issued, or which was built prior to the time such permits were required, then such parcels shall be considered as merged for the purposes of this title, subject to any exceptions provided in the requirements of Article 1.5, Sections 66451.10 through 66451.21 of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.030 Intention to Merger and Hearing.
Whenever the Director of Community Development has knowledge that real property has merged pursuant to this chapter, he/she shall carry out the duties of the local agency specified in Sections 66451.13 through 66451.18 of the Subdivision Map Act, in a manner which assures that the specified time limits will be met. Hearings shall be conducted by the Planning Commission.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.040 Determination of Merger.
Whenever the Director of Community Development has knowledge that real property has merged pursuant to this chapter, and that the requirements have been met, the Director of Community Development shall record a determination of merger, in accordance with Section 66451.16 or 66451.17 of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.050 Release of the Notice of Intention to Determine Status of Merger.
If, at the conclusion of a hearing, the Planning Commission determines that affected parcels are not to be merged, the Director of Community Development shall record a release of the notice of intention to determine status, and shall notify the owner, in accordance with Section 66451.18 of the Subdivision Map Act.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
§ 14.11.120.060 Request by Property Owner.
Upon request of the legal owner of contiguous parcels, the Director of Community Development may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the City Engineer. Upon approval, a determination of merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the Director of Community Development. In approving such merger, the City may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 calendar days of written notice of the conditions, to the Planning Commission. The hearing procedures shall be the same as those specified in Section 14.11.120.030. A fee shall be paid to the City in accordance with the current master fee schedule for processing a waiver of parcel map, at the time the request is made.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
