City of Benicia, CA Chapter 16.08 REVIEW OF MAPS

§ 16.08.010 Compliance required.

A. Compliance Required. Any subdivision of an existing parcel shall require approval by the city in compliance with this title.

1. In general, the procedure for subdivision of five or more parcels requires the approval of a tentative map, and then the recordation of an approved final map to complete the subdivision process.

a. The city's review of a tentative map evaluates the compliance of the proposed subdivision with applicable city standards, and the appropriateness of the proposed subdivision design.

2. A final map (subdivision of five or more parcels) may require multiple approvals.

3. A parcel map (subdivision of four or fewer parcels) may be approved in a single action following a review of the subdivision with applicable city standards and the appropriateness of the proposed subdivision design. The approved parcel map must be recorded to complete the subdivision process.

(Ord. 25-01 § 1)

§ 16.08.020 Types of maps.

A. Tentative and Final Maps.

1. A tentative map (Chapter 16.24 BMC) shall be required for a division of land proposed to be divided into five or more parcels or condominiums. (Government Code Section 66426)

2. A final map (Chapter 16.28 BMC) shall be required for a subdivision of five or more parcels or condominiums, except a subdivision that is otherwise required to have a parcel map by Government Code Section 66426 and as set forth in subsection (A)(3) of this section.

3. A tentative and final map shall not be required where the following are true, and instead a parcel map shall be required (Government Code Section 66426(f)):

a. The land before division contains fewer than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city (Government Code Section 66426(a));

b. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway (Government Code Section 66426(b));

c. The land consists of a parcel(s) of land having approved access to a public street or highway which comprises part of a tract of land zoned for commercial or industrial development and which has the approval of the city council as to street alignments and widths (Government Code Section 66426(c));

d. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section (Government Code Section 66426(d)); or

e. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2. (Government Code Section 66426(e))

B. Vesting Tentative Maps.

1. Whenever this title requires the filing of a tentative map, the subdivider may file a vesting tentative map instead.

2. The procedures for and rights of a vesting tentative map are specified in Chapter 16.24 BMC (Tentative Maps and Vesting Tentative Maps). (Government Code Sections 66424.5, 66452)

C. Parcel Maps. A parcel map is required for subdivisions listed in subsection (A)(3) of this section and all division of land into four or fewer parcels or condominiums, except that a parcel map is not required for:

1. The subdivision of a portion of the operating rights-of-way of a railroad corporation, defined by Public Utilities Code Section 230, which is created by a short-term lease terminable by either party on not more than 30 days' notice in writing (Government Code Section 66428);

2. Land conveyed to or from a governmental agency, public entity, or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for right-of-way, unless a determination is made by the development services director in individual cases, upon substantial evidence, that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement, or a license (Government Code Sections 66426.5, 66428);

3. A lot line adjustment approved in compliance with BMC § 16.40.030 (Lot line adjustment) (Government Code Section 66412(d));

4. A parcel map waived in compliance with BMC § 16.32.110 (Waiver of parcel map requirements) (Government Code Section 66428); and

5. Land dedicated for cemetery purposes in compliance with the Health and Safety Code.

D. Exemptions From Subdivision Approval Requirements. The types of subdivisions specified by Government Code Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provisions as not being subject to the requirements of the Act, and/or not being considered to be divisions of land for the purposes of the Act, shall be exempt from the subdivision approval requirements of this title.

E. Designated Remainder Parcel.

1. A subdivider of unimproved land may designate that portion of land which is not divided for the purpose of sale, lease, or financing as a designated remainder parcel. The designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. (Government Code Sections 66424.6, 66434(e))

2. The fulfillment of construction requirements for improvements of a designated remainder parcel is required when:

a. A permit or other grant of approval for development of the designated remainder parcel is issued by the city;

b. The construction of the improvements is required under an agreement between the subdivider and the city; or

c. The city makes a finding that fulfillment of the construction requirements is necessary for reasons of:

i. The public health and safety; or

ii. The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Government Code Section 66424.6(a)(2))

3. When fulfillment of the construction requirements is to be delayed, the subdivider shall record a declaration of restrictions approved by the city attorney, or an agreement with the city, stating:

a. What the required improvements are; and

b. That the subdivider or a successor owner is required to complete them all before the city will grant a permit or other approval for development.

4. If a designated remainder parcel is subsequently sold, the subdivider or the owner shall obtain a certificate of compliance or conditional certificate of compliance in accordance with BMC § 16.40.020 (Certificates of compliance). (Government Code Sections 66424.6(d), 66499.34, 66499.35)

(Ord. 25-01 § 1; Ord. 25-09 § 4)

§ 16.08.030 Responsibilities and review authority.

A. Purpose. This section is intended to describe responsibilities and establish applicable advisory and review authority for maps, lot line adjustments, mergers and other decisions provided for in this title. Below are the responsibilities for each body. Additional details on administrative procedures are detailed in Chapter 16.04 BMC (General Provisions) and subsequent chapters.

B. Responsibilities. The advisory and review authorities specified in this section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions thereon and shall act upon the applications as specified herein.

C. Consolidation. Notwithstanding the provisions of this section, any discretionary application for map that is filed concurrently with another discretionary permit(s) pursuant to BMC Title 17 (Zoning) shall be considered by the decision-making body for the discretionary permit(s) as a single project, subject to the same hearing requirements as the discretionary permit(s) and the action of the planning commission and/or city council.

D. City Attorney. The city attorney's responsibilities include reviewing and approving as to form all subdivision improvement agreements and security, liability agreements and insurance, and the governing documents for a community apartment project, condominium, stock cooperative, or conversion.

E. City Council. The city council ("council") has the powers and duties provided by law and this title, including the following:

1. Approving, conditionally approving or denying tentative maps and vesting tentative maps involving dedication of land for park and recreational purposes pursuant to BMC § 16.20.050(B) (Determination of Dedication of Land or Payment of Fee);

2. Approving, conditionally approving or denying final maps and improvement agreements, except where specifically delegated to the city engineer and/or city attorney pursuant to Chapter 16.16 BMC (Improvement Agreements and Acceptance) and Chapter 16.28 BMC (Final Maps);

3. Accepting land, easements or improvements that are proposed for dedication;

4. Acting as the appellate body for appeals filed in accordance with Chapter 1.44 BMC (Appeals); and

5. Establishing fees necessary to implement the provisions of this title.

F. Planning Commission. The planning commission ("commission") has the powers and duties provided in the Map Act and this title, including the following:

1. Conducting public hearings;

2. Approving, conditionally approving, or denying tentative maps that do not involve dedication of land for park and recreational purposes pursuant to BMC § 16.20.050(B) (Determination of Dedication of Land or Payment of Fee); and approval, conditional approval or denial of tentative map extensions as specified in BMC § 16.24.090 (Tentative map time limits, expirations and extensions); (Government Code Sections 66415, 66452.6(e), 66474.7)

3. Making determinations related to violations pursuant to BMC § 16.04.110 (Enforcement); and

4. Acting as the appellate body for appeals filed in accordance with Chapter 1.44 BMC (Appeals).

G. Development Services Director. The development services director ("director") or their designee has the powers and duties provided in the Map Act and this title. Notwithstanding the provisions of this subsection, the development services director may refer any discretionary subdivision map to the planning commission for public hearing and decision.

1. Making recommendations to the commission as to the conformance of any tentative map with the general plan, any applicable specific plans, and this municipal code;

2. Making recommendations to the council as to the compliance of any final map with the tentative map conditions of approval and conformance with the general plan, any applicable specific plans, and this municipal code;

3. Serving as the zoning administrator to conduct public hearings;

4. Approving, conditionally approving, or denying parcel maps;

5. Approving, conditionally approving, or denying ministerial subdivision applications filed pursuant this title and/or applicable state law;

6. Processing and approval of certificates of compliance, lot line adjustments, parcel mergers and parcel map waivers;

7. Approving or denying an application of a minor amendment to a tentative map as specified in BMC § 16.24.100 (Amendments); and

8. Approving or denying an application for extension of an approved tentative map as specified in BMC § 16.24.090 (Tentative map time limits, expiration and extensions). (Government Code Sections 66415, 66452.6(e), 66474.7)

H. Development Services Department. The development services department ("department") shall have the following responsibilities:

1. Accepting applications, collecting fees and processing applications in a manner consistent with this title and other city codes and ordinances;

2. Ensuring that public notice and hearing for proposed subdivisions is given in accordance with this title and applicable state laws and other city codes and ordinances;

3. Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.; and

4. Completing other tasks in the administration of this title as assigned by the director, commission and council.

I. City Engineer. The city engineer or their designee has the powers and duties provided in the Map Act and this title including the following:

1. Establishing design and construction details, standards, and specifications for approval by the council;

2. Determining if proposed subdivision improvements comply with the Map Act and this title;

3. Making recommendations to the review authority for parcel maps and parcel map amendments; tentative, vesting tentative and final maps and related amendments; reservations, dedications and agreements for subdivisions; certificates of compliance, lot line adjustments, parcel mergers, parcel map waivers and reversions to acreage;

4. Examining and certifying that final maps are in substantial compliance with the approved tentative map and related surveying standards; the processing and certification of final maps and amended maps, and the processing and approval of improvement plans;

5. Approving final maps for which there is no offer of dedication or there is only an offer of dedication made by statement on the map, subject to the limitations and procedures of Government Code Section 66458(d), BMC § 16.28.040 (Decision), or other applicable state law; provided, however, that the city engineer may refer a final map to the council for decision;

6. Inspection and approval of subdivision improvements;

7. Accepting dedications, reservations and improvements for subdivisions of four or fewer parcels, subject to the limitations and procedures of Government Code Sections 66458(d) and 66463(b) and BMC § 16.32.050 (Public hearing and decision), or other applicable state law;

8. Approving improvement agreements for subdivisions of four or fewer parcels;

9. Reviewing and approving grant deeds for subdivision dedications which are outside a subdivision boundary; and

10. Collecting all required application fees and deposits associated with final map pursuant to BMC § 16.28.020 (Final map filing) and subdivision improvements pursuant to BMC § 16.16.050 (Improvement security). (Government Code Sections 66416.5, 66431)

J. The review authority for various maps and decisions covered by this title is summarized in Table 16.08.030.J below. Where ambiguity or conflict exists within the following summary table, the text of this title and/or the provisions of state law shall prevail.

Table 16.08.030.J: Subdivision Review Authorities
	Section	Recommending body	Review authority
Four or fewer parcels
Parcel map	16.32.050	City engineer	Director
Parcel map amendment	16.32.100	City engineer	Director
Waiver of parcel map	16.32.110	City engineer	Director
Dedications and reservations	16.32.050	Director	City engineer, if no offer of dedication or dedication only by statement on map.
		Director City engineer	Council – all others
Deferred improvement agreement	16.16.030	Director	City engineer
Five or more parcels
Tentative map or vesting tentative map	16.24.040	Director City engineer	Council, if land dedication for parks and recreation facilities is proposed.
		Director City engineer	Commission – all others
Tentative map amendment, minor	16.24.100	City engineer	Director
Tentative map amendment, all other	16.24.100	Director City engineer	Commission
Final map	16.28.040	Director	City engineer, if no offer of dedication or dedication only by statement on map
		Director City engineer	Council – all others
Correction and amendments	16.28.060	City engineer	Council City engineer (minor corrections)
Dedications and reservations	16.16.090	Director City engineer	Council
Subdivision improvement agreement	16.16.020	Director City engineer	Council
Improvements reimbursement agreement	16.16.040	City engineer	Council
Other decisions
Certificate of compliance	16.40.020	City engineer	Director
Lot line adjustment	16.40.030	City engineer	Director
Parcel merger	16.40.040	City engineer	Director
Reversion to acreage	16.40.050	Director City engineer	Council

(Ord. 25-01 § 1; Ord. 25-09 §§ 3, 4)

§ 16.08.040 Public hearing notice.

A. When a public hearing is required pursuant to this title, notice of public hearing shall be given in a manner consistent with the procedures and requirements of Government Code Sections 65090 and 65091. In addition, public notice shall adhere to the following:

1. Posted Notice. Notices shall be posted on the site of the project at least 10 days prior to the public hearing.

2. Mailed or Delivered Notice. Notice shall be mailed to the applicant and all owners of property within 500 feet of any boundary of the site, as shown on the last equalized property tax assessment roll no fewer than 10 days prior to the hearing.

3. Notices shall include the following: "If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the commission or council at, or before, the public hearing." (Government Code Sections 65009(b)(2), 65094)

B. Costs. The subdivider is solely responsible to reimburse the city for any and all costs incurred in providing notice. (Government Code Sections 66451.3(c), 66452.3)

C. Substantial Compliance.

1. Substantial compliance with these notice requirements is sufficient.

2. A technical failure to comply shall not affect the validity of any action taken in compliance with the procedures specified in this section. (Government Code Section 65093)

(Ord. 25-01 § 1)

§ 16.08.050 Adequacy of public facilities and services.

A. Limitation on Approval. The city may not approve a subdivision of land unless the applicant establishes that the subdivision and construction of improvements will be appropriately timed and phased so that the development will be supported by adequate public facilities and services as defined in the general plan and this title, and that appropriate measures can be taken to mitigate the adverse environmental impacts in accordance with the California Environmental Quality Act (CEQA).

B. Adequacy of public facilities and services shall be determined solely by the review authority in compliance with:

1. The planned long-term buildout of the community as provided in water and sewer master plans and/or capital improvements program where facilities are either available or funded;

2. Adopted, objective criteria of the city council pertaining to service levels, including but not limited to emergency response times; and

3. The general plan elements in effect at the time of application review.

(Ord. 25-01 § 1)

§ 16.08.060 Objective subdivision review.

A. General Provisions. This section shall apply to a parcel map or tentative map associated with a qualified housing development project which must be processed ministerially under the applicable provisions of state law ("use by right") or is subject to objective ministerial review pursuant to Chapter 17.108 BMC (Design Review).

B. Application.

1. An application for objective subdivision review shall adhere to the provisions of BMC § 16.04.070 (Application filing) and 16.04.080 (Fees).

2. Tentative maps subject to objective subdivision review shall be filed in accordance with the provisions of BMC § 16.24.020 (Tentative map filing).

3. Parcel maps subject to objective subdivision review shall be filed in accordance with the provisions of BMC § 16.32.030 (Parcel map filing).

C. Review.

1. Review of subdivisions in accordance with this section shall be nondiscretionary and shall adhere to all applicable timelines and procedures established in state law, inclusive of Government Code Section 65598.5 et seq., in addition to this section.

2. The director shall review the application and may determine whether the project is a qualified housing development project eligible for objective subdivision review in accordance with subsection (A) of this section (General Provisions).

3. Subdivisions subject to objective subdivision review shall be reviewed in accordance with the following:

a. For tentative maps, BMC § 16.24.030 (Application review).

b. For parcel maps, BMC § 16.32.040 (Application review).

4. If the application is deemed to be incomplete, the subdivider shall be provided written notification including an exhaustive list of incomplete items pursuant to the city's submittal requirements.

5. If the application is deemed to be inconsistent with any provision or provisions of this title, the municipal code, or any applicable objective planning and design standard or standard engineering specification, the subdivider shall be provided written notification and documentation of such inconsistency, including:

a. The specific provision or provisions of this title, the municipal code, any applicable objective planning and design standard or standard engineering specification that the application is inconsistent with; and

b. An explanation of the reason or reasons why the application is inconsistent with the identified provision(s).

D. Decision.

1. No public hearing shall be required.

2. Upon completion of the review, the director shall issue a written decision to approve or conditionally approve the tentative map or parcel map except as provided in subsection (D)(3) of this section.

a. Any conditions imposed shall be reasonable and designed to ensure attainment of the purposes and standards established by this title.

b. Conditions of approval shall include standard conditions of approval for residential development of two or more units, which are objective and broadly applicable to housing development projects in the city. Any additional conditions of approval shall be in accordance with the requirements of Government Code Section 65589.5.

3. The application shall be denied if the building official makes written finding(s) in accordance with Government Code Section 65589.5(j)(1).

(Ord. 25-01 § 1)

§ 16.08.070 Applications deemed approved.

A. Subdivisions Deemed Approved by Law. A subdivision application deemed approved in compliance with Government Code Sections 65956 or 66452.1, 66452.2 or 66542.4 shall be subject to all applicable provisions of this municipal code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a building permit is issued.

B. Subject to Mandatory Requirements. Final maps filed for recordation after their tentative maps and/or tentative parcel maps are deemed to be approved shall remain subject to all mandatory requirements of this title and the Map Act, including Government Code Sections 66473, 66473.5, and 66474.

(Ord. 25-01 § 1)

§ 16.08.080 Appeals.

A. An appeal of a decision rendered in accordance with this title shall be filed within 10 working days of the date of the decision, except where such decision is final in accordance with applicable state law.

B. Appeals shall be filed and processed in accordance with Chapter 1.44 BMC (Appeals).

(Ord. 25-01 § 1)