HomeMy WebLinkAbout2000-09-18 City Council (21)TO:
City of Palo Alto
C ty Manager’s
HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
SEPTEMBER 18, 2000
DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
CMR:363:00
SUBJECT:ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTERS 21.04, 21.08, 21.16 AND 21.44 OF TITLE 21
OF THE PALO ALTO MUNICIPAL CODE [SUBDIVISIONS AND
OTHER DIVISIONS OF LAND] TO CONFORM TO THE
PROVISIONS OF THE STATE SUBDIVISION MAP ACT.
REPORT IN BRIEF
The Subdivision Map Act is a state law that governs the creation of marketable parcels of
real estate. Each local government is required to adopt and implement its own subdivision
procedures and rules, consistent with the state law. The City of Palo Alto’s implementing
regulations for subdivisions and other divisions of land are contained in Title 21 of the Palo
Alto Municipal Code.
Staffhas initiated the proposed amendments to Title 21 to ensure its continued compliance
with the Subdivision Map Act. In particular, current City processes for the removal of lot
lines are not consistent with the Subdivision Map Act provisions, which allow all lot line
removals to be accomplished through a Certificate of Compliance process, regardless of the
number or size of parcels being combined. The proposed amendments will also enable the
City to record additional project information with a final or parcel map and amend final Or
parcel maps to reflect changed conditions, as allowed by the Subdivision Map Act.
CMR:363:00 Page 1 of 5
RECOMMENDATION
Staff recommends that the City Council adopt the proposed amendments to Title 21
(Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code (PAMC) in
order to conform to the provisions of the State Subdivision Map Act and to improve the
City’s ability to efficiently process lot line removal and subdivision applications.
BACKGROUND
The Subdivision Map Act is a state law that governs the creation of marketable parcels of
real estate. While each local government is required to adopt and implement its own
subdivision procedures and rules, such rules must be consistent with the state law. The City
of Palo Alto’s implementing regulations for the creation of subdivisions and other divisions
of land are contained in Title 21 of the PAMC (henceforth referred to as the Subdivision
Ordinance). The City’s Subdivision Ordinance has been amended several times since its
initial adoption, with the most recent amendments occurring in 1992.
The currently proposed amendments have been initiated by staffto ensure that the City’s
Subdivision Ordinance complies with the Subdivision Map Act. In particular, current City
processes for the removal of lot lines do not comply with the Subdivision Map Act. In
addition, the amendments will further process streamlining goals by enabling the City to
record additional project information with a final or parcel map, and amend final or parcel
maps to reflect changed conditions.
DISCUSSION
The proposed Subdivision Ordinance amendments fall into three general categories:
Amendments to allow lot line removals in all zones to be accomplished through a
Certificate of Compliance process, regardless of the number or size of parcels being
combined;
Amendments to allow additional project information to be filed or recorded with a final
or parcel map; and
Amendments to allow the correction or amendment of final or parcel maps.
The purpose of this section of the report is to describe the proposed amendments and provide
an analysis of their policy and process implications. This analysis is organized according to
the amendment categories listed above.
Amendments to allow lot line removals in all zones to be accomplished through a Certificate
of Compliance process, regardless of the number or size of parcels being combined
The City currently uses several different processes to remove lot lines between contiguous
parcels or merge contiguous parcels. The simplest of these instruments is a Certificate of
Compliance, which is a document issued by the City Engineer and recorded, together with
CMR:363:00 Page 2 of 5
a deed, with the County Recorder. The purpose of a Certificate of Compliance is to certify
that a parcel of land can legally be sold or transferred. The certificate lists any conditions
that must be satisfied before the parcel is developed. The Certificate of Compliance process
is not subject to public hearing or appeal, and does not require the recordation of a
subdivision map. It is therefore much less time consuming than a major or minor
subdivision, which requires at least one public hearing as well as the filing of tentative,
parcel, or final maps.
Because the City requires underlying lot lines to be removed prior to site development,
completion of a parcel merger using a Certificate of Compliance often becomes a condition
of project approval. This is true of many different types of development ranging from single-
family houses to multiple-family projects, as well as industrial and commercial projects.
However, the City’s Subdivision Ordinance limits the use of a Certificate of Compliance to
the following types of lot line removal applications:
Lot line removals between four and fewer parcels in any R-l, R-2, RE, or OS zone
(PAMC Section 21.08.070(a)); or
Lo.~ line removals between four and fewer parcels in any other zone where the total
acreage involved does not exceed five (5) acres (PAMC Section 21.08.070(a)).
Pursuant to the current ordinance, all other lot line removals must be processed as either
major or minor subdivisions (PAMC Section 21.08.070(b)).
The current regulations are the result of amendments to the Subdivision Ordinance that were
adopted by the City Council in November, 1992. Prior to 1992, the City’s subdivision
ordinance treated all lot line removals in all zones except the R-1 and R-2 zones as either
major or minor subdivisions. The intent of the 1992 amendments was to streamline the lot
line removal process for multiple-family and commercial redevelopment, while maintaining
the full subdivision process for any combination of parcels that resulted in an area of greater
than five (5) acres. Attachment D to this report is the City Manager’s Report for the 1992
Subdivision Ordinance amendments, which provides a detailed account of the Council and
Planning Commission discussions and recommendations.
On March 29, 2000, the City Attorney’s office issued the o_pinion that the City’s regulations
regarding the processing of lot line removals have been pre-empted by the Subdivision Map
Act. In particular, Section 66411 of the Subdivision Map Act does not allow lot line
adjustments to be treated as subdivisions and greatly limits the requirements that cities can
impose on such adjustments (lot line removals or parcel mergers are considered lot line
adjustments by Section 66411of the Subdivision Map Act). Specifically, the City cannot
continue to require tentative, parcel, or final maps for lot line removals, regardless of the
zoning, number, or size of the parcels involved.
CMR:363:00 Page 3 of 5
While amendments to the City’s lot line removal procedures are necessary in order to comply
with the Subdivision Map Act, they will also further the City’s process streamlining goals.
The amendments will siguificantly reduce the processing time for lot line removals or parcel
mergers while maintaining the City’s ability to require compliance with Titles 16 (Building)
and 18 (Zoning) of the PAMC.
Therefore, staff is recommending that the Subdivision Ordinance be amended to allow lot
line removals in all zones to be accomplished using a Certificate of Compliance, regardless
of the number or size of parcels being combined. The specific ordinance revisions necessary
for this change are contained in Sections 1-4, 8, and 9 of the attached Ordinance.
Amendments to allow additional project information to be filed or recorded with a final or
parcel map
The Subdivision Map Act contains provisions that allow cities to record additional
information about a proposed subdivision with a final or parcel map, where authorized by
local ordinance (Section 66472.1 of the Subdivision Map Act). This is intended to allow
information that describes or clarifies subdivision conditions as of the date of filing. An
example of such information would be restrictions on the future siting or dimensions of
buildings. The need for additional recorded information has recently become apparent
during the approval processes for more complex subdivisions, including the Los Trancos
Woods Subdivision. Allowing additional information to be recorded with final or parcel
maps will not affect the processing time of subdivision applications.
The amendments to PAMC Section 21.16.200 that are required to make the above change
are contained in Section 6 of the attached Ordinance.
Amendments to allow the correction or amendment of final or parcel maps
The Subdivision Map Act also allows the correction and amendment of recorded final or
parcel maps with a certificate of correction or an amending map, where authorized by local
ordinance. The intent of this regulation is to allow modifications to a final or parcel map
where there are changes in circumstances that render any or all conditions of the map no
longer appropriate or necessary. Without this allowance, final map corrections may only be
made by reprocessing the subdivision, requiring public hearings and the re-production of
tentative, parcel, or final maps. The intent of these ordinance amendments is to streamline
the process of map correction under the specific circumstances enumerated in the
Subdivision Map Act.
Amended parcel maps would be subject to review and approval by the Director of Planning
and Community Environment at a noticed public hearing. Amended final maps must be
CMR:363:00 Page 4 of 5
reviewed and approved at a public hearing of the City Council. In both cases, the hearing
must be confined to consideration and action on the proposed modification.
The addition of PAMC Section 21.16.280 is required to make the above changes. The
additional language is contained in Section 7 of the attached Ordinance.
ENVIRONMENTAL REVIEW
The proposed Subdivision Ordinance amendments are not subject to environmental review
under the provisions of the California Environmental Quality Act (CEQA), because it can
be seen with certainty that there is no possibility that the amendments will have a significant
effect on the environment (per CEQA Section 15061 (a)(3)).
RESOURCE IMPACT
There is no resource impact
Subdivision Ordinance.
associated with the proposed :mendments to the City’s
POLICY IMPLICATIONS
The proposed amendments to the City’s Subdivision Ordinance are consistent with State Law
and City policy.
ATTACHMENTS
A.Proposed Ordinance Amendments
B.PAMC Title 21, Subdivisions and Other Divisions of Land
C.City Attorney Opinion dated March 29, 2000
D.City Manager’s Report dated November 12, 1992
PREPARED BY: Rachel Adcox, Planner
DEPARTMENT HEAD REVIEW:
G. EDWARD GAWF
Director of Planning
CITY MANAGER APPROVAL:
Assistant City Manager
CMR:363:00 Page 5 of 5
Attachment A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING CHAPTERS 21.04, 21.08, 21.16 and
21.44 OF TITLE 21 OF THE PALO ALTO MUNICIPAL
CODE [SUBDIVISIONS AND OTHER DIVISIONS OF LAND]
TO CONFORM TO THE PROVISIONS OF THE SUBDIVISION
MAP ACT
The Council of the City Of Palo Alto does hereby ORDAIN
as follows:
SECTION I.Subparagraphs (25) and (26) of subsection
(b) of Section 21.04.030 [Definitions] of Chapter 21.04 [General
Provisions] of the Palo Alto Municipal Code are hereby amended
to read as follows:
21.04.030(b) Except where the context clearly
requires a different usage, the following
definitions are hereby adopted for the purposes
of this title:
(25) "Major subdivision" means any subdivision
creating
five or more parcels, five or more condominiums,
or a community apartment or stock cooperative
project containing five or more units.
(26)"Minor subdivision" means any subdivision
crea n , ~ ~.~v~~ nc~ ~,,~_,
less . fewer than five parcels or condominium
units,or a community apartment or stock
cooperative project containing less fewer than
five units.
SECTION 2.Section 21.08.030 of Chapter 21.08 [Maps
Required] of the Palo Alto Municipal Code is hereby amended to
read as follows:
21.08.030 Preliminary parcel map and parcel map.
A preliminary parcel map and a parcel map
shall be required for any minor subdivision other
than those referred to in Sections 21.08.020~
000911 syn 0090649
than thosc or expressly exempted from such
requirements by the Subdivision Map Act, unless
............ d by +~ ~
that public __7 ~
ncccssitatcs such maps. A parcel map shall not
be required for any subdivision for which the
requirement of a parcel map has been waived
pursuant to Sectione 21.08. 060, ...........
01 ~0
SECTION 3. Section 21.08.050 of Chapter 21.08 of the
Palo Alto Municipal Code is hereby amended to read as follows:
21.CS.~.21.08.050 Lot line adjustments.
(a) No tentative map, preliminary parcel
map, final map or parcel map shall be required
for any lot line adjustment between two or more
existing adjacent parcels where the land taken
from one parcel is added to an adjacent parcel
and the same number of, or fewer, parcels
~ cx~st~ng is not thercby crca~ Any
such lot line adjustment shall conform to the
requirements of the Subdivision Map Act, Title
21 (subdivision and other divisions of land
o~-~)~ ....., Title 16 (building regulations
^~ .....including prior architectural review
board approvals) and Title 18 (zoning
o~n .... e,) including prior approvals pursuant
to thos titles ~^~ ~o oo ~ Io =o~ The
city engineer shall issue and cause to be
recorded a certificate of compliance or a
conditional certificate of compliance for the
involved lots. A conditional certificate of
compliance may require performance of conditions
or exactions to conform the lot line adjustment
to Title 16 and Title 18 or to facilitate the
relocation of existing utilities, infrastructure
or easements in connection with the lot line
adjustment. The lot line adjustment shall also
be reflected in a deed or deeds, which shall be
recorded. No record of survey shall be required
for a lot line adjustment unless required by
Section 8762 of the California Business and
Professions Code, as amended.
000911 syn 0090649
(b) Any application for a lot line
adjustment which is not in conformance with all
of the requirements of this section shall b’e
processed as a minor or major subdivision
pursuant to this title.Lot line adjustments
resulting in four or fewer parcels shall be
treated as minor subdivisions; lot line
9djustments resulting in five or more parcels
shall be treated as major subdivisions.
SECTION 4.Sections 21.08.060 [Lot line removal] and
21.08.070 [Lot line removal between four or fewer parcels] of
Chapter 21.08 [Maps Required] of the Palo Alto Municipal Code
are hereby repealed.
SECTION 5. Section 21.08.080 [Waiver of Parcel Map
Requirement] is hereby renumbered 21.08.060.
SECTION 6.Section 21.16.200 of Chapter 21.16 [Final
and Parcel Maps] of the Palo Alto Municipal Code is hereby
amended to read as follows:
21.16.200 Additional ~ information.
The map shall show also all other data that
is or may be required by law. In addition, the
City may require additional information to be
filed or recorded simultaneously with a final
or parcel map. 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 or parcel map, and
shall contain a statement that the additional
information is for informational purposes,
describinq conditions as of the date of filing,
and is not intended to affect record title
interest. The document or additional map sheet
may also contain a notation that the additional
information is derived from public records or
~eports, and does not imply the correctness or
sufficiency of those records or reports by the
preparer of the document or additional map
sheet.
000911 syn 0090649
3
SECTION 7.Section 21.16.280 is hereby added to
Chapter 21.16 [Final and Parcel Maps] of the Palo Alto Municipal
Code, as follows:
21.16.280 Final or Parcel Map Amendments.
In addition to the amendments authorized by
Government Code Section 66469, after a final map
or parcel map is filed in the office of the
county recorder, the recorded map may be modified
by a certificate of correction or an amendinq map
if (i) there are chanqes in circumstances which
make any or all of the conditions of such a map
no lonqer appropriate or necessary, (ii) that the
modifications do not impose any additional burden
on the present fee owner of the property, (iii)
the modifications do not alter any riqht, title,
or interest in the real property reflected on the
recorded map, and (iv) the map as modified
conforms to the provisions of the Subdivision Map
Act and Chapter 21.16 of this title. The
decision to approve or deny a modification shall
be made by the City Council for final maps and by
the Director of Planninq and Community
Development in the case of parcel maps. Prior to
approval of any modification, notice shall be
.given as provided in -Section 21.12.090. The
hearing shall be confined to consideration of and
action on the proposed modification. The
decision of the Director on a modification of a
parcel map is subject to the appeal procedures of
this title.
SECTION 8. Section 21.44.010 of Chapter 21.44
[Certificate of Compliance Defined] of the Palo Alto
Municipal Code is hereby amended to read as follows:
21.44.010 Certificate of compliance defined.
A "certificate of compliance" is a document
issued by the city engineer for recordation
stating, with or without conditions, that a
certain lot or lots described therein complies
with the provisions of this title and the
Subdivision Map Act and is a lawfully existing
lot or lots. A certificate of compliance may be
issued for the following purposes:
000911 syn 0090649
(a) A certificate of compliance shall be
issued in lieu of any preliminary parcel map,
tentative map, parcel map or final map in the
case of a lot line adjustment pursuant to
Section 21 08 050, or ~ ~ .....
pursuant, to o~ o...... n ~I.09.~,0.
(eb) A certificate of compliance may be
issued in lieu of a parcel map in the case of a
written request of the subdivider pursuant to
Section 21.0~.080 21.08.060.
(4~) A certificate of compliance shall be
issued upon request of a property owner for
property which has been divided in compliance
with any existing provisions of law regulating
such divisions or at a time when no such
regulations were applicable, and which presently
constitutes a lawfully existing lot or lots, for
the purpose of establishing recorded evidence
that the lot or lots are lawfully existing;
except that no certificate of compliance shall
be issued for any lots merged pursuant to
Section 21.04.040.
(e~) A certificate of compliance may be
issued subject to the provisions set forthin
this chapter for a lot not created in compliance
with any existing provisions of law regulating
such divisions, in order to establish such a lot
as lawfully existing.
SECTION 9. Section 21.44.020 of Chapter 21.44
[Certificate of Compliance Defined] of the Palo Alto Municipal
Code is hereby amended to read as follows:
21.44.020 Certificate of compliance in lieu of
final or parcel map.
In the case of a ~ot 7~ ~,,~ ~
minor subdivision for which the requirement of a
parcel map hasbeen waived, the property owner
may apply for the issuance of a certificate of
compliance. Such application shall be made
within the time limits specified for the filing
000911 syn 0090649
5
of the otherwise required final or parcel map.
Prior to issuance of a certificate of
compliance, the owner shall fulfill all
conditions of tentative or preliminary tcntative
parcel map approval as would be required in the
approval of a final or parcel map. The issuance
of such a certificate of compliance shall be
made upon such terms and conditions as would be
applicable were a final or parcel map to be
filed.
Such terms and conditions shall be stated
in the certificate of compliance.
SECTION I0. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
Director of Administrative
Services
Director of Public Works
000911 syn 0090649
Attachment B
TITLE 21
SUBDIVISIONS AND OTHER DIVISIONS OF LAND1
Chapter 21.04 General Provisions
Chapter 21.08 Maps Required
Chapter 21.12 Tentative Maps and Preliminary Parcel Maps
Chapter 21.13 Vesting Tentative Maps
Chapter 21.16 Final and Parcel Maps
Chapter 21.20 Design
Chapter 21.24 Dedications
Chapter 21.28 Improvements
Chapter 21.32 Conditional Exceptions
Chapter 21.36 Appeals
Chapter 21.40 Conversions of Rental Housing to Condominiums
and Other Community, Housing Projects
Chapter 21.44 Certificates of Compliance
1For state law authorizing local authorities to enact ordinances regulating the design and improvement of sub-
divisions -- See Business and Professions Code §§ 11506, 11525--11526 and 11540.1.
Prior ordinance history former chapters of Title 21 include: Chapter 21.04, Definitions - Ordinance Nos. 1316,
1912 and 2431; Chapter 21.08, General Provisions - Ordinance Nos. 1316, 1912, 2040, 2431 and 2528; Chapter
21.12, Tentative Map - Ordinance Nos. 1316, 2307, 2350, 2366 and 2431; Chapter 21.16, Final Map - Ordinance
Nos. 1316, 1459, 1912, 2307, 2350 and 2431; Chapter 21.18, Filing and Checking Fees - Ordinance Nos. 1316,
2307, 2431, 2566, 2768, 2863 and 2960; Chapter 21.20, General Regulations and Design - Ordinance Nos. 1316,
1398, 1806, 1912 and 2119; Chapter 21.24, Improvements and Bonds- Ordinance Nos. 1316, 1926 and 1949;
Chapter 21.28, Exceptions - Ordinance No. 1316; Chapter 21.32, Miscellaneous Divisions of Land - Ordinance
Nos. 1316, 1520, 1912, 2003, 2005, 2307, 2350, 2431, 2516, 2519, 2528, 2611 and 2863; Chapter 21.33,
Conversions to Community Housing - Ordinance No. 2821; Chapter 21.34, Dedication for School Purpos.es -
Ordinance Nos. 1316 and 2327; Chapter 21.36, Appeals - Ordinance Nos. 1316 and 2863.
2101/2102 Rev. Ord. Supp. 12/92
TITLE 21
SUBDIVISIONS AND OTHER DIVISIONS OF LAND
CHAPTER 21.04
GENERAL PROVISIONS
21.04.010 Purpose and construction.
(a) The purpose of this rifle is to regulate and
control the design and improvement of subdi-
visions and to insure their compliance with appli-
cable policies and regulations of the city. The
regulations contained in this title are intended to
implement and supplement the "Subdivision Map
Act" of the state of California as it now exists or
as it may be hereafter amended. Except as other-
wise provided in this tifle, all provisions, require-
ments, and procedures set forth in the "Subdi.
vision Map Act" shall be followed and satisfied.
Failure to expressly reference or incorporate those
provisions, requirements, and procedures in this
title shall not be deemed a waiverthereof.
(b) In their interpretation and application, the
provisions of this tide shall be held to be the min-
imum requirements adopted forthe pmteodon of
the public health, safety, and welfare.
(Ord. 3157 §1 (part), 1979).
21.04.020 Applicability of title.
This title shall not apply to, affect, or modify
any subdivision, or lot forming a part of a sub-
division, lawfully created and recorded prior to
the effective date of this tide, or to any approval
or conditions of approval of any tentative map or
preliminary pared map. approved more than forty-
five days prior to the effective date of this title;
except as to any further division or consolidation
thereof, any further approvals requested for such
subdivision or lot, or any contiguous parcels
merged pursuant to the provision of Section
21.04.040. (Ord. 3157 §1 (part), 1979)
21.04.030 Definitions.
(a) Except where alternate definitions are
provided in this title, orthe context clearly re-
quires a different usage, the definitions of words
and phrases contained in the "Subdivision Map
Act" are hereby adopted for use in this title. As
used in the "Subdivision Map Act" the term "gen-
eral plan" means the Palo Alto comprehensive
plan, including all elements, objectives, policies,
and programs thereof.
All references to any section of the Palo Alto
Municipal Code or general laws of the state of
Califomia mean those sections, as may be here-
after amended, or any successor legislation. Ref-
erences to any officer or employee of the city in-
clude any designee of that officer or employee.
¯ (b) Except where the context clearly requires
a different usage, the following definitions are
hereby adopted for the purposes of this title:
(I) "Alley" means a public or private ve-
hicular way less than twelve and two-tenths me-
ters (forty feet) in width affording a secondary.
means of vehicular access to abutting property.
(2) "Arterial" means a street which mainly
serves through traffic, takes traffic to and from
expressways, and provides access to adjacent
(3) "Board of supervisors" means the
board of supervisors.of the county of Santa Clara.
(4) "Certificate of compliance" means a
document prepared and issued by the city, and
intended for recordation certifying that a parcel or
parcels of property within the city are lots law-
fully created and existing in compliance with this
rifle and the Subdivision. Map Act and are capable
of use or sale without fttrther proceedings under
this rifle.
(5) "City" means the city of Palo Alto.
(6) "City attorney" means the city attorney
of the city of Palo Alto.
2103
21.0~.030 PALO ALTO MUNICIPAL CODE
(7) "City controller" means the controller
of the city of Palo Mto.
(8) "City engineer" means the city engi-
neer of the city of Palo Alto.
(9) "City manager" means the city man-
ager of the city of Palo Alto.
(10) "Clerk" or "city clerk" means the city
clerk of the city of Palo P,lto.
(11) "Collector street" means a street
which carries traffic within an area to arterials and
provides access to adjacent properties.
(12) "Commission" or "planning commis-
sion" means the plarming commission of the city
of Palo Alto.
(13) "Community housing" means condo-
miniums, plarmed developments, community
apartment projects, or stock cooperatives.
(14) "County recorder" means the record-
er of the county of Santa Clara.
(15) "Diiector of planning" means the di-
rector of plarmir~g and community environment of
the city of Palo Alto,
(16) "Ditector of utilities" means the’ di-
rector of utilities ~f the city of Palo Alto.
(16.1) "Driveway" means a private minor
vehicular right-of-way, other than a street or al-
ley, the primary function of which is. to provide
access to ten or fewer lots from a street.
(17) "Exception" means an exception to
any of the requirements for lot width, lot depth,
lot area, street frontage or access, as set forth in
Titles 18 or 21; provided, that a preliminary parcel
map that merges four or fewer substandard Rq
lots into a parcel or parcels in greater compliance
with the requirements of lot width, depth or area
set forth in Title 18 than any of the previous lots
shall not be considered an exception.
(18) "Finn map" means a map, other than
a parcel map, prepared in accordance with this
title and the Subdivision Map Act, designed to be
placed on record with the county recorder and
thereby finalize a subdivision approved by a ten-
tative map. A final map shall be prepared pursuant
to and in conformance with the approved tentative
map and shall be based upon an accurate and
¯ detailed survey of the property. Final maps typi-
cally will be required for major subdivisions cre-
ating five or more lots, or five or more condo-
minium, community apartment or stock coopera-
tive units.
(19) "Freeway/expressway" means a
street devoted exclusively to traffic movement.
(20) "Hillside area" means any area with
an average cross slope of fifteen percent or more.
(21) "Local street" means a street which is
primarily used for access to adjacent properties.
(22) "Lot" means a parcel of land con-
sisting of a single lot of record, used or intended
for use Under city zoning regulations as one site
for a use or group of uses.
(23) "Lot line" means any boundary of a
lot.
(24) "Lot of record" means a lot which is
part of a subdivision recorded in the office of the
county recorder, or a lot or pared described by
metes and bounds or comparably specific manner,
which has been so recorded and which by mason
of that recordation constitutes a parcel of land
lawf-ully created and existing in compliance with
those provisions of law regulating the division of
land.
(25) "Major subdivision" means any sub-
division creating, or removing the lot lines be.
tween, five or more parcels, five or more condo-
miniums, a community apartment or stock co-’
operative project containing five or more units.
(26) "Minor subdivision" means any sub-
division creating, or removing the lot lines, be-
tween, less than five lots or condominium units,
or a community aparmaent or stock cooperative
containing less than five units.
(27) "Owner" mear~ the record owner of
property or a vendee under a contract of sale, or
an agent of either of the foregoing with written
consent to act on their behalf. Unless evidence is
produced to the contrary, the record owner of
property shall be deemed to be the owner as
shown on the last equalized assessment roll.
(28) "Parcel map" means a map, other
than a final map, prepared in accordance with this
title and the Subdivision Map Act, designed to be
placed on record with the county recorder.and
2104
SUBDMSIONS AND OTHER DIVISIONS OF LAND 21,04.030
thereby finalize a subdivision for whicha tentative
map or preliminary parcel map has been approved
and for which a parcel map is specifically re-
quired. A parcel map shall be prepared pursuant
to and in conformance with the approved tentative
or preliminary parcel map and shall be based upon
an accurate and detailed survey of the property.
Parcel maps will typically be required for minor
subdivisions creating less than five lots, or less
than five condominium, community apartment or
stock cooperative units.
(29) ’~Preliminary parcel map" means a map
made for the purpose of showing the design and
improvement of a proposed subdivision and the
existing conditions in and around it. Except as
provided in this title, preliminary parcel maps
shall conform with all requirements for tentative
maps, except that preliminary parcel maps shall be
reviewed and acted upon by the director of plan-
ning. A preliminary parcel map will typically be
required for minor subdivisions of less than five
parcels.or units in lieu of a tentative map.
(30) "Private street" means any parcel of
land not dedicated as a public street which is used
for ingress to or egress from two or more lots
which do not have the required minimum frontage
on a public street, or to or from one lot which
does not have the required minimum frontage on a
public street if the parcel of land used for ingress
or egress is more than two hundred feet in length.
(3!) "Public utilities" or "utilities" means
water, gas, sewer, electric, and communication
lines and facilities, but not including natural or
improved drainage facilities.
(32) "Reversion to acreage" means the dis-
solution of a previously approved and recorded
subdivision. A reversion to acreage shall result in
the merger of all lots created by the subdivision
and reestablishment of the lot lines as they existed
prior to the subdivision. Any modification of lot
lines or merger of parcels comprising less than the
whole of the parcel originally subdivided, or
establishing any lot lines other than those existing
prior to the subdivision, shall be deemed a new
subdivision, and not a reversion to acreage.
(33) "Street" meLns a public or private right-
of-way designed primarily for vehicular traffic,
whether designated as a street, highway, thor-
oughfare, parkway, road, avenue, lane, place or
however otherwise designated; provided, how-
ever, "street" does not include "alley" or "drive-
way."
(34) "Subdivision" means a subdivision as
defined in the Subdivision Map Act, including a
stock cooperative project as defined in Section
11003.2 of the Business and Professions Code.
(35) "Subdivision Map Act" means the
Subdivision Map Act of the state of California as
it presently exists or may hereafter be amended.
(36) "Tentative map" means a map made for
the purpose of showing the design and improve-
ment of a proposed subdivision and the existing
conditions in and around it. A tentative map need
not be based upon an accurate or detailed final
survey of the property. A tentative map will typi-
cally be required for any major subdivision creat-
ing five or more lots, or five or more condomin-
iums, co .mmunity apartment or stock cooperativ.e
units. A tentative map will also be required for
certain minor subdivisions if less than five lots or
units where the total acreage involved exceeds
five acres or any individual lot created exceeds
two acres. Tentative maps will be reviewed by the
planning commission and city council.
(37)’ ""Vesting tentative map means a "tenta-
tive map" for a residential subdivision, as defined
in Section 21.04.030(b)(35), that shall have
printed conspicuously on-its face the words
"Vesting Tentative Map" at the time it is filed in
accordance with Chapter 21.13 of the Palo Alto
Municipal Code and is thereafter processed in ac-
cordance with the provisions of this title and the
Subdivision Map Act.
(38) "Use" means the conduct of an activity,
or the performance of a function or operation, on
a site or in a building or facility.
2105 Rev. Ord. Supp. 3/94
21.04.040 PALO ALTO MUNICIPAL CODE
(39) "Zoning administrator" means the zon-
ing administrator of the city of Palo Alto.
(Ord. 3901 §I, 1989: Ord. 3850 §§1,3, 1989:
Ord. 3701 §§1, 2, 1986: Ord. 3689 §§1, 2, 1986:
Ord. 3577 §§5, 6, 1984: Ord. 3157 §1 (part),
1979)
21.04.040 Merger of contiguous par-
cels.
All lots which were merged by the 1977
amendments to the Subdivision Map Act prior to
the adoption of Chapter 234, Statutes of 1977,. are
hereby deemed unmerged. (Ord. 3178 §1 (part),
1980: Ord. 3157 §1 (part), 1979)
21.04.050 Reserved.*
21;04,060 Application forms and fees.
Whenever any application or submittal is made
pursuant to this title, such application or submittal
*Editor’s Note: Former Section 21.04.050,
Notice of Merger, previously codified herein and
containing portions of Ordinance No. 3157 was
repealed in its entirety by Ordinance No. 3178.
2106 Rev. Ord. Supp. 3/94
SUBDMSIONS AND OTI-IER DMSIONS OF LAlN-D 21.04.090
shall be made on or accompanied by such appli-
cation forms as may be prescribed by the officer
with or to whom the application or submittal is
made. Whenever any application or submittal is
made under this title including, but not limited to,
applicarions for tentative, preliminary parcel, final
and parcel map approvals, certificates of compli-
ance, reversions to acreage and appeals, a fee
shall be charged as set forth in the municipal fee.
schedule. Whenever any map, agreement, or doe-
ument is required to be filed or recorded under the
provisions of this rifle, the applicant shall pay all
filing and recording fees incurred, in addition to
the fees set forth in the municipal fee schedule.
(Ord. 3157 §1 (part), 1979)
21.04.070 Violation.
Any transaction in violation of the Subdivision
Map Act or this title shall be considered in vio-
lation of the Palo Alto Municipal Code and is un-
lawful and a public nuisance, subject to the crimi-
nal penalties and abatement procedures of this
code and of the general laws of the state of Cali-
fornia. (Ord. 3157 §1 (part) 1979)
21.04.080 Noncompliance -- Permit is-
suance prohibited.
The city council finds that the development of
property divided in violation of this rifle, the Sub-
division Map Act, or any predecessor legislation,
prior to review of such property and determi-
nation whether it compiles with current standards
for lot size and design and. whether imposition of
any conditions is required, is contrary to the pub-
lie health and safety. Therefore, no permit or ap-
proval of any type necessary for the development
of such property shall be issued by the city,
whether the applicantwas the owner of record at
the time of such violation or whether the applicant
is either the current owner of record or the vendee
of the current owner of record pursuant to a con-
tract of sale of the real property with or without
actual or constructive knowledge of the violation
at the time of the acquisition of the applicant’s in-
terest in such real property, until such time as a
final or parcel map or certificate of compliance for
the property is approved and recorded. The en-
forcement of the provisions of this section shall
be in addition to any other remedy or penalty pro-
vided by law for violation of this title or the Sub-
division Map Act, (Oral. 3157 § 1 (part), 1979)
21.04.090 Notice of violation.
Whenever the city has knowledge that real
property located within the city has been divided
in violation of the provisions of this rifle or the
Subdivision Map Act, the zoning administrator
shall cause to be filed for record with the county
recorder a notice of intention to record a notice of
violation, describing the real property in detail,
naming the owners thereof, describing the viola-
tion, and stating that an opportunity shaU be given
to the owner to present evidence. Upon recording
such a notice of intention to record a notice of
violation, the zoning administrator shall marl a
copy of such notice to the owner of such real
property. The notice shall specify a time, date,
and place at which the owner may present evi-
dence to the zoning administrator why such notice
should not be recorded. Such evidence shall be
limited to material tending to prove or disprove
the existence of the alleged violation. If, after the
owner has presented evidence, the zoning admin-
istrator determines that there has been no viola-
tion, the zoning administrator shall record a re-
lease of the notice of intention to record a notice
of violation with the county recorder, If the zon-
ing administrator determines that the property has
in fact been illegally divided, or if within sixty
days of receipt of such notice the owner falls to
inform the zoning administrator of the owner’s
objection to recording the notice of violation, the
zoning administrator shall record the notice of
violation with the county recorder.
Nothing contained in this .section shall be
deemed to require the recordation of any of the
notices referred to as a condition precedent to the
enforceability of Section 21.04.080 or any other
provision of this title, the Subdivision Map Act,
or any other provision of law.
(0rd. 3157 §1 (part), 1979)
2107 Rev. Ord. Supp. 12/92
21.08.010 PALO ALTO MUNICIPAL CODE
CHAPTER 21.08
MAPS REQUIRED
21.08.010 Tentative map and final map
required.
A tentative map and a final map shall be re-
quired for any subdivision for which a tentative
map and a final map are required by the Sub-
. division Map Act. including any stock cooperative
project creating five or more units. (Ord. 3157 § 1
(part), 1979)
21.08.020 Tentative map and parcel map
required.
A tentative map and a parcel map shall be re-
quired for any major subdivision exempted from
the requirement of filing a tentative map and a
final map by Section 66426 of the Government
Code. A tentative map and a parcel map shall be
required for any minor subdivision.where the land
to be divided exceeds five acres or any lot re-.
sulting from the subdivision exceeds two acres.
Any such minor subdivision shall be subject to
the same review and conditions as a major sub-
division. (Ord. 3157 §1 (part), 1979)
21.08.030 Preliminary parcel map and
parcel map.
A preliminary parcel map and a parcel map
shall be required for any minor subdivision other
than those referred to in,Sections. 21.08.020,
21.08.060, 21.08.070 and ~.:p8.080) and other
than those expressly exemp~ce’d~from such
requirements by the Subdivision Map Act, unless
it is determined by the director of planning and
commur~zy environment that public policy neces-
sitates such maps. A parcel map shall not be
required for any subdivision for which the re-
quirement of a parcel map has been waived pur-
sU~gnL.~Sections 21.08.060, 21.08.070 or
2i.08.0812~(Ord. 4124 §1, 1992: Oral. 3683 §19,
i’986.;_D.rd(. 3157 §1 @art), 1979)
21.08.040 Procedure and content.
All maps submitted pursuant to this title shall
meet all requirements of the Subdivision Map Act
and of this title. (Oral. 3157 §1 (part), 1979)
21.08.050 Lot line adjustments.
(a) No tentative map, preliminary parcel
map, final map or parcel map shall be required for
any lot line adjustment between two or more
existing adjacent parcels where the land taken
from one parcel is added to an adjacent parcel and
where a greater number of parcels than currently
existing is not thereby created. Any such lot line
adjustment shall conform to the requirements of
the Subdivision Map Act, Title 21 (subdivision
ordinance) Title 16 (building ordinance, including
prior architectural review board approvals) and
Title 18 (zoning ordinance, including prior
approvals pursuant to Chapters 18.82 and 18.68).
The city engineer shall issue and cause to be
recorded a certificate of compliance or a
conditional certificate of compliance for the
involved lots. A conditional certificate of
compli’ance may require performance of
conditions or exactions to conform the lot line
adjustment to Title 16 and Title 18 orto facilitate
the relocation of existing utilities, infrastructure or
easements in connection with the lot line
adjustment. The lot line adjustment shall also be
reflected in a deed or deeds, which shall be
recorded. No record of survey shall be required
for a lot line adjustment unless required by section
8762 of the California Business and Professions
Code, as amended.
(b) Any application for a lot line adjustment
which is not in conformance with all of the
¯ requirements of this section, shall be processed as
a minor or major subdivision pursuant to this tide.
(Ord. 4124 §2, 1992: Oral. 3683 §20, 1986: Ord.
3157 §1 (part), 1979)
21.08.060 Lot line removal.
A lot line removal shall constitute a minor
subdivision or a major subdivision. To the extent
that Section 21.08.070 does not allow for a lot
2108 Rev. Ord. Supp. 12/92
SUBDMSIONS AND OTHER DIVISIONS OF LAND 21.08.080
~ine removal to be accomplished through the
issuance of a certificate of compliance, a
preliminary parcel map or a tentative map and a
parcel map or a fmal map shall be required. If the
lot line removal is for a minor subdivision that
requires a preliminary parcel map under Section
21.08.070, upon the approval of the preliminary
parcel map, expiration of the time for appeal
pursuant to Chapter 21.36 and compliance with
all the conditions of approval, the city engineer
shall issue and cause to be recorded a certificate Of
compliance for the involved lots. In lieu of
requiring completion of all conditions of
approval, the city engineer may issue a
conditional certificate of compliance requiring
performance of the conditions prior to the
issuance of any permits for the developmem of
any of the lots or at such earlier time as may be
deemed necessary. A conditional certificate of
compliance may require performance of
conditions or exactions to conform the lot line
removal to Title 16 and Title 18 or to facilitate the
relocation of existing utilities, infrastructure or
easements in connection with the lot line removal.
(Ord. 4124 §3, 1992: Ord. 3577 §7, 1984: Ord.
3345 §33, 1982)
21.08.070 Lot line removal, between
four or fewer parcels.
(a) No tentative map, preliminary parcel
map, final map or parcel map shall be required for
any lot line removal between four or fewer parcels
in any R-I, R-2, RE or OS zone. No tentative
map, preliminary parcel map, final map or parcel
map shall be required for any lot line removal
between four or fewer parcels in any other zone
where the total acreage involved does not exceed
five acres. Upon application, the city engineer
shall issue and cause to be recorded a certificate of
compliance or a conditional certificate of
compliance for the involved parcels, if he or she
finds that the proposed lo~t line removal complies
with all requirements oft_he Subdivision Map Act,
this title and all other provisions of the Palo Alto
Municipal Code, including, but not limited to,
provisions regarding street frontage and access,
improvements and design, floodwater drainage
control, appropriate improved roads, sanitary
disposal facilities, water supply availability and
environmental protection, provided, that the lot
line removal does not require an exception, as
def’med in this title, for lot width, depth or area. A
conditional certificate of comp~ance may require
performance of conditions or exactions to
conform the lot line removal to Title 16 and Title
18 or to facilitate the relocation of existing
utilities, infrasWacture or easements in connection
with the lot line removal.
(b) Any application for a lot line removal
which is not in conformance with all of the
requirements of this section shall be processed as
a minor or major subdivision pursuant to Section
21.08.060.
(Ord. 4124 §4, 1992: Oral. 3771 §2, 1987)
~i~)’~;.~’ Walver of parcel map re.
uw~ment.
Upon written request of the subdivider, the
director of planning and community environment
may waive the requirement for a parcel map under
this title if the director finds that the proposed
subdivision complies with all requirements of the
Subdivision Map Act, this title and all other
provisions of the Palo Alto Municipal Code,
including, but not limited to, area, width, depth,
and frontage requirements, improvements and
design, floodwater drainage control, appropriate
improved roads, sanitary disposal facilities, water
supply availability, and environmental protection;
that no improvements ordedications are required
in connection with the subdivision; and that the
boundaries of the lot or lots are adequately
monumented.
A request for approval of a waiver of the re-
quirement for a parcel map constitutes a request
for a certificate of compliance. When approval has
been given for waiver of the parcel map require-
ment, any required tentative map or preliminary
parcel map has been f’mally approved, and all
conditions of such approval have been met, the
city engineer shall issue and cause to be recorded
a certificate of compliance. A conditional cerfifi-
2109 Rev. Ord. Supp. 12/92
21.12.010 PALO, ALTO MUNICIPAL CODE
care of compliance may be issued and recorded if
necessary to insure compliance with the condi-
tions of approval.
Any waiver of the requirement of a parcel map
shail not constitute a waiver of the requirement for
any tentative map or preliminary parcel map
which is otherwise required, and such tentative
map or preliminary pai’cel map shall be submitted
and processed in accordance with the provisions
of the Subdivision Map Act and ~s title and shall
be subject to such conditions which would other-
wise apply. (Ord. 4124 §5, 1992: Ord. 3771 §1,
1987: Ord. 3345 §32, 1982: Ord, 3157 §1 (part),
I979)
CHAPTER 21.12
TENTATIVE MAPS AND
PRELIMINARY PARCEL MAPS
21.12.010 Filing of’ tentative map.
The director of planning shall specify the num-
ber of copies of the tentative map which shall be
required. Those copies, together with any addi-
tional data required, shall be fried with the director
of planrfing. Tentative maps shall be prepared in
accordance with the Subdivision Map Act and the
provisions of this title. Except as otherwise re-
quired, all requirements .for tentative maps set
forth in this chapter shall be applicable to pre-
liminary parcel maps. (Ord. 3157 §1 (part), 1979)
21.12.020 Preliminary title report.
The tentative map shall be accompanied by a
current pretiminary title report for the property
being subdivided. (Ord. 3157 §1 (part), 1979)
21.12.030 Size and scale.
Tentative maps shall be eighteen by twenty-six
inches in size and to.a scale of one inch equal to
not more than one hundred feet, except that the
director of planning may allow the use of a
smaller scale where the terrain or size of the
subdivision necessitate such smaller scale. (Ord.
3157 §1 (part), 1979)
21.12.040 Information to be shown on
tentative map.
A tentative map shall contain the following in.
formation:
(a) Tract name or number, date, north point,
scale and sufficient description to define the lo-
cation and boundaries of the proposed tract;
(b) Key map showing adjacent property,
subdivision, roads or streets in subdivisions;
(c) Name and address of record owner or
owners, name and address of the subdivider, and
name and business address of the person who
prepared the tentative map;
(d) Acreage of the proposed tract to the near-
est tenth of an acre;
(e) Average area of each of the lots proposed
to be created;
(f) Number of lots, average lot size, and size
of smallest lot in tract;
(g) Sufficient elevations or contours to de-
termine the general slope of the land, the high and
low points thereof, and all drainage features;
Oa) The locations, names, existing widths,
slope and approximate grade of all existing streets
and alleys in the proposed subdivision, abutting
or contiguous to the proposed subdivision;
(i) The locations, names, widths, slope and
approximate grade of all streets and alleys pro-
posed to be constructed, widened, improved or
dedicaf.ed within, abutting or contiguous to the
proposed subdivision;
(j) Typical cross-sections of all streets and
alleys to be constructed, widened, improved or
dedicated;
(k) Plan and profile features of all streets and
alleys within the proposed subdivision;
(1) Locations, widths and purposes of all
existing and proposed easements;
(m) Locations, size and character of all exist-
ing pipelines and related structures, and all other
public utilities, showing the ground elevation and
flow line elevations at the connection to existing
2110 Rev. Ord. Supp. 12/92
SUBDMSIONS AND OTHER DIA~S[ONS OF LAND 21. I~.050
pipelines, and all building and use restrictions ap-
plicable to any easements;
(n) Lot layout and approximate dimensions
of each lot to the nearest foot. Each lot shall be
numbered;
(o) Dimensions and locations of any existing
buildings. The tentative map shall indicate which,
if any, of the existing buildings are to remain on
the property and their proposed location if any are
to be moved;
(p) Approximate boundaries of areas subject
to inundation of stormwater overflow and the lo-
cation, width and direction of flow of all water-
courses;
(q)All water welIs;
(r)Proposed public areas, if any;
(s)Location of wooded areas, tree masses
and other significant landscape features;
(t) A list of which parcels have good po-
tential for passive solar design residences. Sub-
stantial solar access protection from shading is
afforded these parcels under Palo Alto’s zoning
ordinance and the California Solar Shade Control
Act.
(Ord. 3577 §8, 1984: Oral. 3157 §1 (part), 1979)
21.12.050 Subdlvider’s statement.
Subdivider’s statement shall appear upon, or
accompany, the tentative map and shall containthe following information:.
(a) Existing use or uses and zone district or
districts of the propex%’7;
Co) Proposed use or uses of the property;
(c) Statement of the improvements and public
utilities proposed to be made or installed, and of
the time at which such improvements are pro-
posed to be completed;
(d) Provision for sewerage and sewage dis-
posal;
(e) Public areas proposed;
2110.1 Rev. Ord. Supp. 12/92
SUBDrVISIONS AND OTHER DIVISIONS OF LAND 21.12.080
(f) Tree planting proposed; including an in-
dication of any exi,’sting trees to be removed or left
in place;
(g) Proposed street lighting or any outdoor
(h) Existing restrictive covenants, leases,
rights-of-way, licenses and encumbrances affect-
ing the use of the land;
(i) A statement regarding the compliance of
the subdivision with those applicable elements of
the Palo Alto comprehensive plan, or the manner
in which such compliance will be attained, when
relevant and not otherwise ascertainable from the
tentative map or other contentsof the Subdivider’s
statements. Such information shall include, but
not be limited to, a statement of how the housing
policies of the Palo Alto comprehensive plan will
be met.
(j) Justifications and reasons for any re-
quested exceptions to provisions of this title;
(k) Any additional information regarding the
subdivision as may be deemed necessary by the
director of planning.
(Ord. 3157 §1 (part), 1979)
21.12.060 Preliminary copy bf restric.
tire covenants.
A preliminary copy of any restrictive covenants
proposed shall be filed with the tentative map.
(Ord. 3157 §1 (part), 1979)
21.12.070 Preliminary soil report.
A preliminary soil report based on adequate
test borings or excavations and prepared by a civil
engineer who is registered by the state of Cali-
fomia shall be filed with th~ tentative map, unless
the city engineer determines that based on his
knowledge of the soil qualities of the subdivision,
no prelimina~ analysis is necessary.
If the preliminary soil report indicates the pres-
ence of critically expansive soils or other soil
problems which if not corrected would lead to
structural defects, the city engineer may require a
soil investigation shall be prepared by a civil
engineer who is registered by the state. The soil
investigation shall include a report which recom-
mends corrective action likely to prevent structural
damage to dwellings, roads, or other public
works to be constructed.
A subdivision, or portion thereof, may be ap-
proved where such soil problems exist if it is de-
termined that the recommended corrective action
is likely to prevent structural damage to each
structure to be constructed. Any building permit
issued for such structures may be conditioned
upon incorporation of the recommended correc-
tive action in the construction of each structure.
Nothing contained in this section shall be
deemed to limit the authority of the building offi-
cial to require geologic, soils, and engineering
data and mitigation measures pursuant to Section
18.88.150 of this code.
(Ord. 3157 §1 (part), 1979)
21.12.080 Date of filing.
The director of planning shall review all tenta-
tive map applications to determine whether all
necessary information has been submitted. Within
thirty days of receipt of any tentative map the
director of planning shall give written notice to the
applicant indicating pursuant to Government Code
Section 65943 whether the application is com-
plete. Any parts which are incomplete shall be
specified and the manner in which they can be
made complete shall be indicated. In the case of
any subdivision which requires the preparation of
an environmental impact report pu~uant to the
California Environmental Quality Act, no appli-
cation shall be deemed complete until the initiaI
decision maker has certified the environmental
impact report to be adequate and prepared in
comPliance with’ the California Environmental
Quality Act. For the purposes of the Subdivision
Map Act, this title and Chapter 4.5 of Division I,
Title 7 of the Government Code, the date upon
which notice is given to the applicant that the
application is complete shall be deemed the date of
ftling of the application; provided, however, that
if, at any stage of the processing map, a decision
maker determines that an environmental impact
report is required, the date of filing shall be re-
vised to the date upon which that environmental
2111
21.12.090 PALO ALTO MUNICIPAL CODE
impact report or supplemental environmental im-
pact report is certified by a decision maker. (Oral.
3157 §1 (part), 1979)
21.12.090 Action on tentative and pre-
liminary parcel maps.
(a) Staff review. Upon receipt of a tentative
map or preliminary parcel map, the director of
planning shall transmit copies to the city engineer,
chief building official, director of ulflities, chief of
police, fire chief, director of transportation, and
such other departments of the city, and any other
agencies, as may be required by law or deemed
appropriate. Each involved city department shall
promptly inform the director of planning of any
areas of the application which are incomplete, Not
later than ten days after issuance of a notice of
completene.ss by the director of planning, each
such department shall submit to the director of
planning a written report containing each depart-
.’nent’s determination of whether the proposed
:ubdivision complies with all applicable provi-
sions of law and the requirements of that depart-
ment, and any departmental recommendation
conceming the proposed subdivision.
(b) Reports to plarming commission. In the
case of a tentative map, the director of planning
shall make a written report to the planning com-
mission, incorporating, therein the recommenda-
tions of all other departments and agencies con-
cerned. The report shall contain a recommenda-
tion of the director of planning recommending
approval, denial, or approval with conditions, of
the tentative map, the findings and grounds for
such ~:~commendation, and such other informarion
as the director of planning may deem relevant.
Said recommendation and any subsequent recom:
mcndations or actions by the director of planning,
the planning commission and the city council
approving, conditionally approving, or denying
any tentative map or preliminary parcel map shall
be based upon a determinarion by the acting body
whether the proposed subdivision complies and is
consistent with the provisions of the Subdivision
Map Act, this rifle, the Palo Alto comprehensive
plan, including all elements thereof, and all other
provisions of the Palo Alto Municipal Code and
state law, including but not limited to Section
66473.5 and 66474 of the Government Code.
Any approval of a tentative map or preliminary
parcel map may be made subject to such condi-
tions as are deemed reasonably necessary to in-
sure compliance with those provisions. Such con-
ditions may include, but shall not be Limited to,
required dedications and improvements, measures
required to mitigate the environmental, safe.ty,
traffic, and other detrimental impacts of the sub-
division, and such other conditions as may be
required to insure compliance .with all policies,.
objectives and goals of the Palo Alto compre-
hensive plan.
(c) Action by planning commission. Within
fifty days of the filing date of a tentative map, the
planning commission shall hold a public hearing
at either a regular or special meeting of the plan-
ning commission and thereafter shall recommend
to the city council approval, conditional approval,
or denial of the map, and any conditions upon
which such approval should be granted. The
plarming commission’s recommendation shall
include the grounds and findings upon which its
recommendation is based. Such fifty day period
may be extended by mutual consent of the plan-
ning commission and the applicant. The appli-
cant’s consent to such an extension shall be pre.
sumed unless the applicant makes timely objection
thereto within the fifty-day period or at the time
the matter is continued beyond such period.
(d) Action by city council. Except where a
time extznsi6n is mutually consented to by the city
council and the applicant, or the applicant’s con-
sent to an extension is presumed as set out above,
within the time limits prescribed by the Sub-
division Map Act, the city council shall approve,
conditionally approve, or disapprove the tentative
map. Prior to taking such action, the city council ¯
shall hold a public hearing at either a regular or
special meeting of the council.
(e) Action on preliminary parcel map. Sub-
ject to the appeal prcicedures of this rifle, the di-
rector of plarming shall approve, conditionally
approve, or deny any preliminary parcel map
2112
SUBDIVISIONS AND OTHER DIVISIONS OF LAND ~ 1.12.110
filed. The director of planning shall take such
action within fifty days of the date of filing, un-
less extended by the mutual consent of the direc-
.tor of planning and the applicant. Prior to taking
any such action, the director of planning shall
hoid a public hearing at which any interested per-
son shall be allowed to present testimony regard-
ing the preliminary parcel map. If, in the opinion
of the director of planning, there are issues of
major significance associated with the proposed
parcel map, such map may be deferred by the di-
rector of planning to the planning commission and
the city council for processing in accordance with
the procedures setforth in subsections (c) and (d)
of this section.
(f) Notice of hearing.
(1) Notice of the hearing required by sub-
sections (c), (d), or (e) above shall be given by
publication once in a local newspaper of general
circulation not less than twelve days prior to the
date of the hearing.
(2) Additionally, the city shall mail written
notice of such hearing at least twelve days prior to
the date of the hearing to each owner of record of
real property within ninety-one and four-tenths
meters (three hundred feet) of the exterior bound-
ary of the property for which classification is
sought as such owner of reco,-xi is shown in the
last equalized assessment roI1 and to owners or.
occupants of the property within ninety-one and
four-tenths meters (three hundred feet) as shown
on the city utility customer file. Compliance with
the procedures set forth in this section shall con-
stitute a good-faith effort’to provide notice and the
failure of any owner or occupant to receive notice
shall not prevent the city from proceeding with the
hearing or from taking any action nor affect the
validity of any action.
(3) The notice of public hearing shall con-
tain the following: ¯
(A) The exact address, if known, of the
property involved, or the location of the property
involved if the exact address is not known.
03) The time, place, and purposes of the
hearing;
(C) A brief description, thecontent of
which shall be in the sole discretion of the city, of
the subdivision applied for,
(D) Reference to the application on file
for particulars; and
(E) A.statement that any interested per-
son, or agent thereof, may appear and be heard.
Typographical and/or publishing errors
shall not invalidate the notice nor any city action,
(4) In addition to any other information re-
quired, the applicant shall submit with its applica.
tion a list of all owners of record of real property
within ninety-one and four-tenths meters (three
hundred feet) of the exterior boundary of the
property to be subdivided as shown in the last
equalized assessment roll (as updated by the semi.
annual real estate update information).
(Ord. 3536 §4I, 1984: Ord. 3465 §62, 1983:
Ord. 3345 [}34, 1982: Ord. 3273 §7, 1981: Ord.
3157 §1 (part), 1979)
21.12.100 Merger and resubdivi-sion.
Subdivided lands may be merged and resub-
divided without first reverting the acreage so long
as all requirementg of the Subdivision Map Act
and this title are complied with. Such application
shall be filed and processed in the same fashion as
a subdivision. Recordation of the final o’r parcel
map shall constitute legal merging of the separate
.parcels into one parcel and the resubdivision of
such parcel. Any unused fees, deposits, or secu-
rity previously made or posted pertaining to the
property shall be credited pro rata toward any
requirements for the same purposes which are
applicable at the time of the resubdivision. (Ord.
3157 § 1 (part), 1979)
21.12.110 Amendment to approved ten-
tative map or preliminary parcel map, -
(a) Upon application of the subdivider, an
amendment to a tentative map or preliminary par-
cel map, provided it is not a map for a condo-
minium conversion, may be made if the amend-
ment is approved by both the director of planning
2113 Rev. Ord. Supp. 12/92
21.13.010 PALO ALTO MUNICIPAL CODE
and community environment and the city engineer
and if the amendment meets the following require-
ments:
(1) It changes only physical aspects of the
subdivision;
(2) It is substantially inferior in bulk, de-
gree or importance to the overall dimension and
design of the development and does not add any
lots, unit~ or buildings to the subdivision;
(3) It does not increase the adverse en-
vironmental effects of the subdivision; "
(4) It is consistent with the Palo Alt~ com-
prehensive plan and the intent of the original map
approval;
(5) It does not violate this code.
(b) Within thirty days of receipt of an appLi-
cation for an amendment, the director of planning
and community environment shall state the deci-
sion regarding the amendment, including the rea-
sons for such decision, in writing and mail a copy
to the applicant. Notice of such decision shall also
be given in accord with Chapter 18.93. Any
aggrieved or affected person may appeal such a
decision in accord with Chapter 18.93.
(c) Any such approved amendment shall be
indicated on the approved map and certified by the
director of planning and community environment
and the city engineer.
(d) If the director of planning and community
environment or the city engineer thinks the re-
quested amendment is a substantial revision or if
th-~--r~ue§l~l-kinefid-mefi~ d0~not meet the re-
quirements set forth in subsection (a) of this
section:
(1) In thecase of a preliminary parcel map
without exceptions, a new preliminary parcelmap
shall be required to be filed.
(2) In the case of a tentative map or a pre-
liminary parcel map with exceptions, the re-
quested amendment shallbe presented to the plan-
ning commission and city council for approval in
accordance with Section 21.12.090.
(3) Any amendment approved by the city
council shall be indicated on the approved map
and certified by the city clerk.
(e) Any approved amendment shall not alter
the expiration date of the tentative map or pre-
liminary parcel map.
(f) No application for an amendment to a
map for a condominium conversion shall be ac-
cepted.
(Old. 3381 §1, 1982)
CHAPTER 21.13
VESTING TENTATIVE MAPS
21.13.010 Applicability of chapter.
(a) This chapter shall apply only to resi-
dential and nonresidential developments. When-
ever a provision of the Subdivision Map Act
(commencing with Section 66410 of the Govern-
ment Code), as implemented and supplemented
by this subdivision ordinance (Title 21 of the Palo
Alto Municipal Code), requires the filing of a
tentative map or preliminary parcel map for a
residential or nonresidential development, a
vesting tentative map may instead be filed, in
accordance with the provisions of this chapter.
(b) If a subdivider does not seek the rights
conferred by a.vesting tentative map, the filing of
a vesting tentative map shall not be a prerequisite
to any approval for any proposed subdivision,
permit for construction, or work preparatory to
construction.
(Ord. 4109 §I (part), 1992: Ord, 3589 §3 (part),
1986)
21.13,020 Procedures.
(a) ’ Filing and processing. A vesting tentative
map shall be filed in the same form and have the
same contents, accompanying data and reports
and shatl be processed in the same manner as set
forth for a tentative map in Title 21 of the Palo
Alto Municipal Code, except as provided herein:
(1) At the time a vesting tentative map is
flied, it shall have printed conspicuously on its
face the words "Vesting Tentative Map."
(2) Prior to filing a vesting tentative map, a
subdivider shall obtain all discretionary approvals
2114 Rev. Ord. Supp, 12/92
SUBDIVISIONS AND OTHER DIVISIONS OF LAND 21.13.030
that will be required under the Palo Alto Munic-
ipal Code in conjunction with the approval or
conditional approval of the vesting tentative map
in order to construct the development. Such
discretionary approvals may include, but are not
limited to, amendments to the comprehensive plan
land use map, amendments to the zoning map,
design review pursuant tO Chapter 16.48 of the
Palo Alto Municipal Code, and site and design
review pursuant to Chapter 18.82 of the Palo Alto
Municipal Code. An appIication for a vesting ten-
tative map shall be determined to be incomplete
until all other applicable discretionary approvals
are processed and acted upon in accordance with
the Palo Alto Municipal Code and applicable state
law.
(b) Fees. Upon filing a vesting tentative map,
the subdivider shall pay the fees required by the
Palo Alto municipal fee schedule for the filing and
processing of a tentative map.
(c) Expiration.. The approval or conditional
approval of a vesting tentative map sha~l~ expire at
the end of the same time period, and shall be
subject to the same extensions established by this
title for the expiration of the approval or con-
ditional approval of a tentative map.
(Oral. 4109 §1 (part), 1992: Oral. 3689 §3 (part),
1986)
21.13.030 Development rights vest on
approval of vesting tentative map.
....... (a-)---Th~ ~i~6~-ar 6~-~ffd~t~-~iS~6~a~-of a
vest£ng tentative map shall confer a vested right to
proceed with development in substantial com-
pliance with the ordinances, policies and stan-
dards in effect at the time that an application is
determined to be complete by the city, provided
that any fees required as a condition of approval
of a vesting tentative map, unless otherwise
specified, shall be payable at the rates in effect at
the time building permits are issued. This section
is further governed by Government Code
Sections 65943 and 66474.2, and any successor
legislation. This chapter shall not be interpreted to
¯ create any rights for subdividers beyond those
expressly required by the Vesting Tentative Map
Law (Goverment Code Sections 66498.1 et seq.,
as may from time to time be amended).
(b) Notwithstanding subsection (a) of this
section, a subsequent permit, approval, exten-
sion, building permit, or entitlement may be made
conditional or denied pursuant to later ordinances,
policies and standards if any of the following are
deten’nined:
(1) A failure to do so would place the resi-
dents of the subdivision or the immediate commu-
nity in a condition dangerous to their health or "
safety:
(2) The condition or denial is required, in
order to comply with a state or federal law.
(c) The rights referred to in this chapter shall
expire if a final map is not approved prior to the
expiration of the vesting tentative map as pro-
vided in Section 21.13.020(c). If the final map is
approved, these rights shall last for the following
periods of time:
(1) An initial time period of one year be-
yond the recording of the final map. Where
several 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
subdivision (1) of this subsection shall be auto-
matically extended by any time usedfor process-
ing a complete application for a grading permit or
...... f6f-d~-sig-n-b~- a~hii~ttitaIt-~Ci~i;-if ~ffch
processing exceeds thirty 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 period
set forth in subdivision (1) of this subsection
expires. If the extension is denied by the director
of planning and community environment, the sub-
’ divider may appeal that denial to the city council
within fifteen days.
(4) If the subdivider submits a complete
application for a building permit during the peri-
ods of time specified in subdivisions (1) through
(3) of this subsection, the rights referred to in this
2115 Rev. Oral. Supp. 12/92
2 I, 13.040 PALO ALTO IVK!NICIPAL CODE
chapter shall continue until the expiration of that
permit or any extension of that permit.
(Ord. 4109 §1 (part), 1992: Ord. 3689 §3 (part),
1986)
21.13.040 Amendment of vesting ten.
tative map.
Anytime prior to the expiration of the vesting
tentative map pursuant to Section 21.13.020(c),
the subdivider or his-assignee, may apply for an
amendment to the vesting tentative map in accord-
.ance with the provisions of Section 21.12.110.
(Ord. 4109 §1 (part), 1992: Ord. 3689 §3 (pan),
1986)
CHAPTER 21.16
FINAL AND PARCEL MAPS
21.16.010 Submission of final map,
submission of parcel map.
(a) Within two years of the approval or con-
ditional approval of a tentative map, or a prelim-
inary parcel map, the subdivider shall cause the
subdivision or any part thereof to be surveyed,
and a final map or a parcel map, as specified in
Chapter 21.08~ to be prepared in conformance
with the tentative map or preliminary parcel map
as approved or conditionally approved, and in
compliance with the provisions of the Subdivision
Map Act and this title and submitted to the city
engineer.
Notwithstanding the foregoing time limita-
tions, in the event that a combined environmental
impact report-environmental impact statement is
being prepared on a development project as de-
fined in Section 65928 of the Government Code
pursuant to Section 21083.6 of the Public Re-
sources Code, the city council, if functioning as a
lead agency as defined in Section 65929 of the
Government Code may waive the base time lim-
its. In any event, the city council shall approve or
disapprove such development project within sixty
days after the combined environmental impact re-
port-environmental impact statement has been
completed and adopted.
(b) An extension of time may be granted by
the director of planning in the case of a prelim-
inary parcel map and by the city council after rec-
ommendation of the planning commission in the
case of a tentative map, upon the written applica-
tion of the subdivider within two years of the ap-
provaI or conditional approval of the tentative map
or preliminary parcel map or prior to the expira-
tion of any previous extension granted underneath
this subsection. Such extension shall be subject to
the maximum limitations set forth in the Sub-
division Map Act.
(c) All conditions of approval of the tentative
or preliminary parcel map shall be fulfil_led prior
to approval of a final map or parcel map, except
those conditions which are fulfilled by the filing
of an agreement to perform those conditions as
specified in this tit.le.
(d) Urtless a final map or parcelmap is ftled,
and all conditions of approval are fulfilled within
said two-year period, or such extension as may be
granted, the tentative or preliminary parcel map
shall expire and all proceedings shall terminate.
Thereafter, no final or parcel map shall be filed
.without first processing a tentative or prelLrninary
parcel map.
(e) All streets, highways and other public
ways, and all other easements, dedication of ac-
cess rights or areas required or offered for public
use and dedication shall be shown on the final or
parcel map and such dedications or offers to dedi-
cate shall be made by certificate on the final or
parcel map unless otherwise required by this title
or by the conditions of approval of the tentative or
preliminary parcel map. In the case of a parcel
map, the director of planning shall be authorized
to accept any offers of dedication on behalf of the
city. The city may require as a condition of ap-
proval that a fee interest in any areas dedicated for
street purposes be conveyed to the city by deed.
(f) Tracings and an additional number of
prints of the final or parcel map as determined by
the director of planning which conform to the re-
2116 Rev. Oral. Supp. 12/92
SUBDIVISIONS AND OTHER DIVISIONS OF LAND 21.16.020
quirements of the law shall be submitted to the
director of planning.
(Ord. 3345 §35, 1982: Ord. 3157 §1 (part),
1979)
21.16.020 Documents accompanying
final or parcel maps.
(a) The subdivider sha!l submit with the final
map or the parcel map all of the following:
(1) With each dedication or offer of dedi-
cation for the public use, a preliminary title report
issuedby a title insurance company, in the name
of the record owner, issued to or for the benefit
2116.1 Rev. Ord. Supp. 12/92
SUBDMSIONS AND OTHER DrvISIONS OF LAND 2i. 16,040
and protection of the city, showing all parties
whose consent is necessary and their interest
therein;
(2) The insmunent prohibiting the fight of
ingress or egress across rear or side lot lines as
may be required by Section 21.20.100 of this
title;
(3) The calculation and traverse sheets used
in computing the distance, angles and courses
shown on the final or parcel map and the ties to
existing and pmposedmonuments.
(4) Two copies of any proposed declara-
tiom of restrictions;
(5) The reports, recommendations, condi.
tions, and findings required, under Section
21.12.070 of this titte concerning soils reports
and soils investigations;
(6) Construction plans and specifications
and cost estimates for requixed and proposed im-
provements including all test data, calculations
and reports necessary to support all design condi-
tions or criteria;
(7) Any other documents, certifications, or
instruments necessary to fulfill requirements im-
posed at the time the tentative map was approved
or conditionally approved.
(Oral. 3157 91 (part), 1979)
21.16.030 Key map and legend.
When the final map or parcel map consists of
two or more sheets, except sheets showing only
certificates and similar text, a key map showing
the relation of the sheets shall be placed on the
first sheet. Every sheet shall bear the scale, north
point, legend, sheet number, and number of
sheets comprising the map. (Oral. 3157 91 (part),
1979)
21.16.,040 Survey.
Whenever the city engineer has established a
system of coordinates, the survey shall be tied
into such system. The map shall show clearly
what stakes, monuments, or other evidences were
found on the ground to determine the.boundary of
the tract. The comers of ail adjoining recorded
subdivisions shall be identified by lot and block
numbers, tract name and place of record, or other
proper designation. (Ord. 3157 91 (part), 1979)
21.16.050 Contents of final and parcel
maps -- Area.
The map shall indicate the acreage of each lot,
to the nearest thousandth of an acre. (Ord 3157 § 1
(part), 1979)
21.16.060 Block numbers.
Block numbers shall begin with the number
"one" or letter "a" continuing consecutively with-
out omission or duplication throughout the tract.
The numbers or letters shall be solid and of suffi-
cient size and thickness to stand out, and shall be
so placed as not to obliterate any figure and shall
not be enclosed in any design. Each block in its
entirety shall be shown on one sheet. Where ad-
joining blocks appear on separate sheets, the
street adjoining both blocks shall be shown on
both streets complete with monument line and
property line data. (Ord. 3157 91 (Imrt), 1979)
21.16.070 Border.
The boundary of the tract shall be designated
by a distinctive border. Such border shall not in-
terfere with the legibility of figures or other data.
(Oral. 3157 91 (part), 1979)
21.16.080 Certificates.
A final map or parcel map shall Contain those
certificates required by the Subdivision Map Act.
In addition, a final or parcel map shall contain a
certificate for approval by the director of plan-
ning. In the ease of a parcel map where dedica-
tions are required, the director of planning is au-
thorized to accept such dedications and an appro-
priate certificate shall be included for signature by
the director of planning. (Ord. 3157 §I (part),
1979)
21.16.090 City boundary lines.
City boundary lines crossing or abutting the
subdivision shall be clearly designated and ref-
erenced. (Ord. 3157 §1 (part), 1979)
2117
21.16.100 PALO ALTO MUNICIPAL CODE
21.16.100 Easements.
The map shall show the side lines of all ease.
ments to which the lots are subject. Easements
shall be labeled clearly and identified. If any ease-
ment is not ofrecord, a statement of such ease-
ment must appear on the title sheet. Easements for
storm drains, sewers, and other purposes shall be
denoted by fine dotted lines. The width of the
easement and the lengths and bearings of the lines
thereof and sufficient ties thereto to locate the
easement definitely with respect to the subdivision
must be shown. (Ord. 3157 §1 (part), 1979)
21.16.110 Highwater ilne.
The map shall show the line of high water if
the subdivision or any part thereof is adjacent to a
stream and/or an area or areas subject to periodic
inundation by flood waters. (Ord. 3157 §1 (part),
1979)
21.16.120 Land subject to inundation.
If any portion of any land within the boundary
shown on any final, map, parcel map, or record of
survey map is subject to overflow, inundation, or
flood hazard by stormwaters, such fact and such
portion shall be clearly shown on the final map or
parcel map. Such portion shall be enclosed in a
separate border on each sheet of the map upon
which such portions.appears. (Ord. 3157 §I
@art), 1979)
21.16.130 Lot lines and boundary lines.
Sufficient data shall be shown to determine
readily the bearing and length of every lot line,
block line, and boundary line. Dimensions of lots
shall be given as the net dimensions to the bound-
aries of adjoining streets and shall be shown in
feet and hundredths of feet. No ditto marks shall
be used. Bearings and distances of straight fines
and radii and arc length of curves shall be shown.
(Ord. 3157 §1 (part), 1979)
21.16.140 Lot numbers.
Lot numbers sha[l begin with the number
"one" and shall continue cortseeutively through
the block, with no omissions or duplications.
(Ord. 3157 §1 (part), 1979)
21.16.15 0 Monument line.
Whenever the city engineer has established the
monument line of a street or alley adjacent to or in
the proposed subdivision, the map shall show the
date that all such monuments were established.
shall indicate all such monuments found, and
shall refer such monuments to a field book or
map. The map shall state if the points were reset
by ties.
(Ord. 3157 §1 (part), 1979)
21.16.160 Monuments.
The map shall show the location and descrip-
tion of all monuments found in making the survey
of the proposed subdivision and shall include the
bearings and distances to such other existing
monuments as may be necessary to establish each
portion of the proposed subdivision in relation to
such existing monuments. (Oral. 3157 §1 (part),
1979)
21.16.170 Use of lots.
The map shall define, delineate, and designate
part_i. "cularly all lots intended for private purposes;
all parcels offered for dedication for any purpose,
public or private; and any private streets permil~ed
under the provisions of this title with all dimen-
sions, boundaries, and courses clearly shownand
defined in every instance. Parcels offered for ded-
ication but not accepted shall be designated-by
letter;, any private streets shall be designated "not a
public street." (Ord. 3157 §1 (part), 1979)
21.16.180 Soils report.
When a soils report has been prepared, the date
of report and the name of the engineer making the
report shall be recorded on the map. (Ord. 3157
§1 (part), 1979)
21.16.190 Streets and other rights.of-
way.
The monument and sidelines of all streets, the
total widths of all streets, the widths of all the
2118
SUBDMSIONS AND OTHER DMSIONS OF LAND 21,16,210
portions of such streets being dedicated, the
widths of existing dedications, the widths each
side of the monument lines, and the widths of any
rights-of-way, including railroad rights-of-way,
shall be shown on the map, (Ord. 3157 §1 (part),
1979)
21.16.200 Additional data.
The map shall sl~ow also all other data. that is
or may be required by law. (Ord. 3157 §1 (part),
1979)
21.16.210 Final and parcel maps -- Ap-
proval by city engineer and director of
planning.
(a) Within twenty days after receipt of a final
or parcel map submitted, along with accompany-
ing data and documents, which map shall have all
certificates other than city approvals fully exe-
cuted, the city engineer shall examine the map and
accompanying materials to determine whether the
final or parcel map is substantially the same as the
approved or conditionally approved tentative or
preliminary parcel map; whether all provisions of
the Subdivision Map Act, this title and any other
provisions of law applicable at the time of the al>
proval of the tentative or preliminary parcel map
have been met; whether all applicable provisions
of law governing the approval of final and parcel
maps have been met; whether the final or parcel
map is technically correct; and whether all condi~-
tions of approval have been met. The director of
planning shall also review the submitted map and
accompanying materials to determine whether all
conditions of approval have been met. In the
event either the city engineer or the director of
planning shall dete.rmine that any noncompliance
exists, they shall advise the subdivider of that
noncompliance and the subdivider shall be af-
forded an opportunity to correct the map or fulfill
any remaining conditions. The time. for review by
the city engineer and director of plarming shall be
automatically extended during any period during
which the subdivider is attempting to correct the
map or fulfill- any such conditions. Unless the
subdivider informs the city engineer that a deter-
ruination of approval or disapproval without fur-
ther modification of the map or fulfillment of
conditions is desired, it shall be presumed that the
subdivider is attempting to correct those defects of
which notice was given..
Upon finally determining whether the map and
accompanying materials comply with the afore-
mentioned standards, the city engineer shall either
execute the city engineer’s certificate on the map
or shall render written f’mdings as to any non-
compliance or failure to fulfill conditions which
prevent the execution of the certificate.
(b) In the ease of a paroel map, the city engi-
neer shall forward the map, either certified by the
city engineer or with a statement indicating the
reasons such certification cannot be issued, to the
director of planning. Based upon the report of the
city engineer and upon the findings of the review
by the director of planning, within fifteen days.
after re, c~ipt of the map from the city engineer; the
director of planning shall make those deterrni-
nations set fortla in subsection (a) and shall either
approve or disapprove the parceI map, In the
event of approval, the director of planning shall
cause the map, along with any appropriate docu-
ments, to be recorded in the office of the county
recorder. In the event of disapproval, written no-
tice of the reasons therefor shall be. given to the
subdivider.
(e) In the ease of a final map, the director of
planning shall file the map, either certified by the
city engineer and director of planning, or with a
statement indicating the reasons such certificatiori.
cannot be issued, along with a recommendation of
approval or disapproval, to the city clerk for sub-
mittal to the city council. For the purpose of this
section, said certification may be either upon the
map or by report to the city council, with actual
certification to be performed after approval by the
city council. Upon filing of such map, the city
clerk shall place the item upon the agenda of the
city council for action in compliance with the pro-
visions of the Subd~.vision Map Act and for accep-
tance or rejection of any offers of dedication..
(Ord. 3157 §1 (part), 1979)
2119
21.16.220 PALO ALTO MUNICIPAL CODE
21.16.220 Final and parcel maps m
Approval, agreement for improvements,
conditions.
(a) If at the r~rae of approval of the final map
or the parcel mat:, any required improvements
have not been completed and accepted, as a con-
dition precedent to the approval of the final map
or the parcel map, the subdivider shall execute
and file with the city clerk agreement between the
subdivider and the city, . pursuant to Section
66462 of the Government Code, specifying the
period within which the subdivider shall complete
all improvements and providing that if the sub-
divider fails to complete such work within such
.period, the city may complete such improvement
work and recover the fulI cost and expense there-
of from the subdivider. SUCh agreements may
provide that such improvements shall be com-
pleted prior to the issuance of any permits for the
development of mY of the parcels. Such agree-
ment shalt also provide for the checking of im-
provement plans, the inspection of nil improve-
ments by the city engineer andthe reimbursement
~f the city for the cost of such checking and in-
spections. Such agreement shall also provide that
all improvements are subject to approval by the
city engineer. Said agreement may also contain
such other provisions as may be permissible un-
der law and deemed necessary by the city. The
substance and form of any such agreement shall
besubject to the approval of the city manager-and
city attorney and said agreements shall be exe-
cuted by the city manager on behalf of the city.
Such agreements may provide for extensions of
time issued by the city manager upon recom-
mendation of the city engineer.
The agreement may also provide for the termi-
nation of the agreement upon the completion of
proceedings under an assessment district act for
the construction of improvements deemed by the
city engineer to be at least the equivalent of the
improvements specified in such agreement and
required to be cortstmcted by the subdivider.
Such agreements and security shall be sub-
mitted to the city, fully executed by subdivider
prior to the approval of any final or parcel map.
No final or parcel map for which such an agree-
ment is required shall be recorded prior to receipt
of said agreement and accompanying security.
Said agreement shall be recorded concurrently
with the map.
(Ord. 3157 §1 (part), 1979)
21.16.230 Final and parcel maps --
Approval w Agreement for improve-
ments -- Security bonds.
Whenever the subdivider enters into an agree-
ment pursuant to Section 21.16.220 of this tire,
with such agreement and as a ftL, xher condition of
the approval of the final or parcel map, the sub-
divider shall ~e with the city adequate security to
guarantee full and faithfifl performance thereof. ’
Such security may be in any form specified in
Chapter 5 of the Subdivision Map Act and shall
be in the following amounts:
(a) The amount.of one hun .d.red pe .rt?.ent of the
total estimated cost of the improvement or of the
act to be performed, including cost of engineer-
ing, surveying and inspection, as determined by
the city engineer, including an inflationary factor
based upon the time for completion, conditioned
upon the faithfaxl performance of the act or agree-
merit. In the event the subdivider elects to furnish
security in the form of a cash deposit or other
pledge of cash, payable to the city upon demand
without any conditions precedent, the city man-
ager may approve a reduction-in-this amount-of ..............
security guaranteeing performance by not more
than fifty percent; provided that the total of such
cash deposit guaranteeing both faithfifl peffoma-
ante and payment of contractors, subcontractors
and materialmen shall not be less than one hun-
dred percent of the cost of improvement, and the
whole of said deposit shall be available for use for
either purpose;
(b) An additional amount equal to fifty per-
cent of the total estimated cost of the improve-
ment, as determined by the city engineer, includ-
ing an inflationary factor based upon the time for.
completion, securing payment to thecontractor,
subcontractors and to persons furnishing labor,
2120
SUBDMSIONS AND OTHER DMSIONS OF LAND 21,20.010
materials or equipment to them for the improve-
ment or the performance of the required act;
(c) An amount to be determined by the city
engineer to guarantee and warranty the work for a
period of one year following the completion and
acceptance of the work against any defective work
or labor done, or defective materials furnished;
(d) As a part of the obligation guaranteed by
the security and in addition to the face amount of
the security, there shall be included costs and rea-
sonable expenses and fees, including reasonable
attorneys’ fees, incurred by the city in success-
fully enforcing the obligations secured.
(Ord. 3157 §1 (part), 1979)
21.16.240 Final map ~ Approval by
clty council, submitted to city clerk.
At the council’s first regular meeting following
its receipt of the final map or within ten days of
the filing of the final map, whichever is later, the
city council shall consider such map and any of-
fers of dedication. The city council may. reject any
or all offers of dedication. If the city council
termines that the map meets the requirements of
the Subdivisibn Map Act and this title, it shall ap-
prove the map and certify such approval on the
map. It shall transmit the map to the city clerk.
The city council shall not disapprove a final map
when the failure of the map is the result of a tech-
nical and inadvertent error which, in the opinion "
of the city council does not materially ~f~t-th-e
validity of the map; provided that, to the extent
possible, the map shal! be corrected prior to
recordation. (Ord. 3157 §1 (part), 1979)
21.16.250 Final and parcel maps u Ap-
proval and recording, effect.
No f’mal or parcel map shall have any effect
until approved under this tifle. No tire to any
property described in any offer of dedication shall
be conveyed until the map has been recorded in
the office of the county recorder. (Ord. 3157 §I
(part), 1979)
21.16.260 Coordinated efforts of city
and county.
If a subdivision is partly in the city and partly
in the county, the county surveyor and the city
engineer shall enter into an agreement by and with
the consent of their respective governing bodies
providing that either shatl perform the duties pre-
scribed for the city engineer in this chapter, or
providing for an apportionmem between them of
such duties. When by such agreement all such
duties devolve upon either the city engineer or the
county surveyor, such officer shall perform said
duties. After performance thereof, such officer
shall certify to the performance of said duties on
the map. When by such agreement the duties are
apportioned between the county surveyor and the
city engineer, each officer shall, after the per-
formance thereof, make certification on said map,
covering the duties performed by each. (Ord.
3157 §1 (part), .1979).
21.16.270 Reversion to acreage.
A reversion to acreage shall be accomplished in
conformance with Chapter 6 of the Subdivision
Map Act. A parcel map may be filed for the pur-
pose of reverting to acreage land previously sub-
divided and consisting of four or less contiguous
parcels under one ownership. In the event a
reversion to acreage is accomplished by means of
a parcel map, the director of planning shall be the
adVi-s~tyagency and shall beempowet-e-d-t0--
perform all functions of the legislative body under
said Chapter 6. All maps filed for the purpose of
reverting land to acreage shall be conspicuously
so designated under the rifle "The Purpose of this
Map is a Reversion to’ Acreage." (Ord. 3157 §1
(part), 1979)
CHAPTER 21.20
DESIGN
21.20.010 Generally.
The provisions of this chapter shall govern the
design of all subdivisions. The provisions of this
2121
21.20.020 PALO ALTO M’ffNICIPAL CODE
chapter shall be incorporated in any subdivision
approval unless the city council, or director of
planning in the case of a preliminary parcel map,
funds that due to the particuiar circumstances these
design criteria are not necessary or that alternative
designs are preferable; provided, that any modifi-
cations to the lot size, dimensions, location or
configuration standards shall ortly be made upon
request for and approval of exceptions to said
standards. Design of all subdivisions shall include
such facilities for the handicapped as may be re-
quired by federal, state or local law. (Ord. 3157
§ 1 (part), 1979)
21.20.020 Conformance to master plan
and local law.
In all respects, subdivisions shall be consistent
with the Paio Alto comprehensive plan. Subdi-
visions shall also conform with any SpeCific plan.
Subdivisions shall also conform with all other
provisions of law, including but not limited to,
zoning, safety and health codes. The design of the
subdivision or of improvements shall conform in
a11 respects to accepted standards of engineering
and shail be subject to the approval of the city
engineer. Any subdivision may be approved sub-
ject to such additional design criteria or conditions
as may be necessary to insure the public health,
safety, welfare and convenience. (Ord. 3157 [}I
(part), 1979)
21.20.030 Alleys.
When any lots are proposed for commercial or
industrial usage, alleys at least twenty feet in
width may be required at the rear thereof with
adequate ingress and egress for truck traffic.
(Ord. 3157 §1 (part), 1979)
21.20.040 Boundaries of- subdivision.
Where possible, the exterior boundaries of all
subdivisions shall be to the centerline of all streets
and highways adjacent to said subdivision unless
such street or highway is not within the city
limits; in such a case, the exterior boundary of the
subdi’A~don will coincide with the city limits. The
subdivider shail be required to dedicate to the city
all property within the city which is not owned by
another public agency between the centerline and
the proposed fight-of-way line of such street or
highway as may be established by official plan
lines of the city or established by the compre-
hensive plan or established by any master plan of
streets and highways or any specific plan. Any
property between the centerline and the proposed
right-of-way line with another public jurisdiction
shall be dedicated to that jurisdiction~ Such prop-
erty shall be improved or the full cost of making
permanent improvements to the property shall be
deposited with the city as prescribed in this chap-
ter. (Ord. 3157 §1 (part), 1979)
21.20.050 Divided lots.
No lot shall be divided by a city boundary line.
(Oral. 3157 §1 (part), 1979)
21.20.060 Drainage.
All lots shall be graded to drain to a punic
~.et; but the city engineer may require or allow
alternative drainage patterns as may be reasonably
necessary to avoid excessive grading or grading
which results in a significant height differential at
any property line. (Oral. 3157 §1 (part), 1979)
21.20.070 Easements.
Public utility, sanitary sewer, and drainage
easements shall be provided in such locations and
to.such widths as may be reqfiir&l 5ythe director
of utilities and city engineer. (Ord. 3157 §1
(part), 1979)
21.20.080 Interior lots with double
frontage.
Interior lots having double frontage will not be
approved. (Oral. 3157 §! (part), 1979)
21.20.090 Land reserved for public use.
The city council may, as a condition of ap-
proval of any tentative map, require the sub-
divider to reserve areas of real property for parks,
recreational facilities; fire stations, libraries, or
other public uses if such reservation would imple-
ment the Palo Alto comprehensive plan or any
2122
SUBDMSIONS AND OTHER DMSIONS OF LAND 21,20,170
adopted specific plan. Such reservations shall be
pursuant to Section 66479 et seq. of the Govem-
ment Code. (Ord. 3157 §l (part), 1979)
21.20.100 Lots.
The size and shape of lots shall conform with
any zoning regulations effective in the area of the
proposed subdivisions and as shown on the zon-
ing map. In addition, residsntial lots on curved or
cul-de-sac streets shal~ have a minimum width at
the building setback line of sixty feet, a minimum
average depth of one hundred feet, and a mini-
mum area of six thousand square feet; provided,
that this requirement shall not be deemed to
reduce any more restrictive requirement contained
in the zoning regulations. (Ord. 3157 §1 (part),
i979)
21.20.110 Nonaccess and planting
strips.
When a rear or side lot line of a lot borders on
any street, the fight of ingress or egress may be
prohibited to such lot across such rear or side lot
line. Dedication of such access rights shall be
made either on the map or by separate instrument
satisfactory to the city attomey. When the rear or
side lot line of any lot borders any freeway, state
highway, expressway, or major thoroughfare, a
planting strip approved by the city engineer may
be required adjacent to such freeway, highway,
expressway, or major thoroughfare.
91 (part), 1979)
21.20.120 Service roads and
parking.
When lots proposed for commercial usage
front on any expressway, arterial or coilector
street, a service road to provide adequate ingress
and egress, or in lieu thereof adjacent areas for
pubtic off-street parking purposes may be re-.
quired. When any lot proposed for residential use
fronts on any freeway, state highway, express-
way, or arterial, an improved service road may be
required a~ the front of such lot. In addition, ade-
quate off- .st~t parking areas for all lots proposed
for commercial use shall be required. (Ord. 3157
91 (part), 1979)
21.20.130 Side lot lines.
The side lot lines of all lots, as far as prac-
ticable, shall be at right angles to straight streets
or radial to curved streets. (Ord. 3157 91 (part),
1979)
21.20.140 Street names.
Street names, whether for public or private
streets, require approval by the city council. No
street name shall be duplicated. No street name
signs or other identification shall be erected show-
ing any name other than that approved by the city
council. (Ord. 3157 §1 (part), 1979)
21.20.150 Street name and traffic-con-
trol signs.
All street names shall be clearly shown upon
signs approved by the city engineer. The city
engineer shall require traffic-control signal sys-
tems, signs, and markings adequate to secure the
objectives of public safety and the comprehensive
plan. The design and installation of such systems,
signs and markings shall be subject to the ap-
proval of the city engineer. (Ord. 3157 91 (part),
1979)
21.20.160 Streets and highways w
~-0-i-d~Tff7----- oC6h-fo-~-~nce to master plan.
The street design shall conform both in width
and alignment to any master plan of streets ap-
off-street proved by the city council. (Oral. 3157 91 (,pan),
1979)
21.20.170 Conformance to council pro-
ceedings.
The street design shall conform to any pro-
ceedings affecting the subdivision which may
have been initiated by the city council on its own
motion or approved by the city council upon
initiation by any other legally constituted bodies
of the city, county, or state. If a parcel of land to
be subdivided includes a portion of the right-of-
way to be acquired for a freeway or expressway
2123
21.20,180 PALO ALTO bIU~CIPAL CODE
and th~ city council determines the boundaries of
the right-of-way to be acquired, such right-of-
way shall be shown on the tentative and final or
parcel maps. (Ord. 3157 §I (part), 1979)
21.20.180 Access strips.
Reserve strips controlling the access to public
ways or which will not be taxable for special ira-
’ provements, shall be approved only if such strips
are necessary for the promction of the public wel-
fare or of substantial property rights, or both. The
control and disposal of the land comprising such
strips shall be placed within the jurisdiction of the
city under conditions deemed sufficient by the city
attorney and approved by the city council or direc-
tor of planning in the case of a preliminary parcel
map. (Ord. 3157 §1 (part), 1979)
21.20.190 Alignment.
As far as practicable, the streets shall be in
alignment with existing adjacent streets by con-
15nuations of the centerlines thereof and by adjust-
ments by curves. (Oral. 3157 §1 (part), 1979)
21.20.200 CenterIines.
Street centerlines shall intersect one another at
an angle as near to a right angle as practicable by
tangents not less than seventy-five feet in length.
(Ord. 3157 §1 (part), 1979)
21.20.210 Grades.
No freeway, expressway, arterial or collector
street shall have a grade of more than seven per-
cent. No other street shall have a grade of more
than fifteen percent. (Oral. 3157 §1 (part), 1979)
21.20.220 Intersection corner rounding.
Whenever any street intersects any other street,
the property lines at each block corner thus
formed shall be rounded with a curve having a
radius of not less than ten feet. The city engineer
may require a greater curve raffIas if streets in-
tersect at other than right angles. This section
shall not apply at any intersection where there are
no building setback requirements. (Ord. 3157 § 1
(part), I979)
21.20.230 Turnarounds.
All dead-end streets shall have a turnaround
with a minimum radius of forty feet, except that
where necessary to give access to or to permit a
satisfactory future subdivision of adjoining land,
streets may extend to the boundary of the property
and the resulting deadend sla’eets may be approved
without a turnaround. (Ord. 3157 §1 (part),
1979)
21.20.240. Widths.
(a) Streets shown in any master street plan or
affected by proceedings initiated or approved by
the city council shall have widths as required by
such plan or proceedings.
(b) . All other streets shall have right-of-way
of the following widths, except where the city
council determines that the topography or the
small number of lots served and the probable
future traffic development are such as to justify a
narrowed width. Increased widths may be re-
quired where streets are to serve nonresidential
property, or where probable traffic conditions
warrant such increased widths:
(I) Major arterials: eighty-six feet to one
hundred feet;
(2) Collector streets, local streets, or cul-
de-sac streets longer than three hundred fifty feet:
sixty feet;
(3) Cul-de-sac streets three hundred fifty
feet or less in length: fifty feet;
(4) Private streets: Such right-of-way as
would be required for a comparable public street,
unless subdivider can demonstrate to the satis-
faction of the city council or director of planning
and community environment, as appropriate, facts
relating to the nature or location of the proposed
street or the nature of the proposed development
which render such right-of-way unnecessary for
or detrimental to the public health, safety or wel-
fare.
(Ord. 3345 §36, 1982: Ord. 3157 §1 (part),
1979)
2124
SUBDMSIONS AND OTHER DMSIONS OF LAND 21.20.301
21.20.250 Walkways.
Walkways through long blocks where neces-
sary to provide adequate public access to schools,
parks, or other areas may be required. The design
and locations of such walkways shall be approved
by the city council, or the director of planning in
the case of a preliminary parcel map. (Ord, 3157
§1 (part), 1979)
21.20.260 Watercourses.
A right-of-way for storm drainage purposes
shall be. required and shall conform substantially
with the lines of any natural watercourse or chan-
nel, stream, or creek that traverses the subdivi-
sion. If a parcel of land to be subdivided includes
a portion of the right-of-way to be acquired for
flood control or drainage purposes and the city
council determines the boundaries of the right-of-
way to be acquired, such right-of-way shall be
shown on the tentative and final and parcel maps
and shall either be dedicated or withheld from the
subdivision. (Ord. 3157 §1 (part), 1979)
21.20.270 Local transit facilities.
If the subdivision as shown on the tentative
map has a potential for two hundred dwelling
units or more if developed to the maximum den-
sit-y, or contains one hundred acres or more, and
transit services are or within a reasonable time
will be made available to such subdivision, local
transit facilities, such as bus turn-outs, benches,
shelters,.landing pads, or similar items which di-
rectly benefit the residents of such subdivision
may be required. (Ord. 3157 §1 (part), 1979)
21.20.280 Bicycle paths.
If the subdivision as shown on.the tentative
map thereof contains two hundred or more par-
cels, and the subdivider is required to dedicate or
offer to dedicate real property for roadways, the
subdivision shall also contain bicycle paths for the
use and safety of the residents of the subdivision.
(Ord. 3157 §1 (part), 1979)
21.20.290 Required dedications.
In connection with the design of any sub-
division, the subdivider shall make such dediea-
tions and improvements as are specified in this
chapter or in Chapters 21.24 and 21.28. (Ord.
3157 §1 (part), 1979)
21.20.300 Preliminary parcel map --
Additional requirements.
In addition to the other requirements of this
chapter, the Standards contained in this section
shall be applicable to any subdivision for which a
preliminary parcel map is required and is ap-
proved by the director of planning. All lots cre-
ated by such division shall have frontage, equal to
the minimum required by this title, upon a street
dedicated as a public street. (Ord. 3850 §4, 1989:
Ord. 3340 §18, 1982: Ord. 3157 §1 (part), 1979)
21.20.301 Flag lots.
(a) The director of planning may approve,
pursuant to a preliminary parcel, map, not more
than one flag lot, as defined in Title 18 of this
Code, under the following conditions:
(1) The flag lot shall be used only for
single family residential use;
(2) The flag lot shall meet all of the re-
quirements of the zone district within which it is
located and, in addition, shall have an area which,
exceeds the lot area requirement of the zone
district by not less than twenty percent exclusive
of any portion of the lot used for access to a
public street; and
(3) Access from the flag lot to a public "\-
street shall not be over an easement but over land \-
under the same ownership
access shall have a minimum width of fifteen feet/
and shall have a paved way not less than ten feet/
in width.
(19) Notwithstanding the foregoing, the ere-
ation of flag lots, as defined in Title 18 of this
code, shall be prohibited in the R- 1 single-family
residence district, and no exceptions shall be
granted therefor;, provided, however, that flag lots
validly existing in the R-1 district as of the effec-
tive dat~ of said prohibition shall, nonetheless, be
recognized as legal lots for purposes of this Title
21 onIy. Development of such existing flag lots
shall be subject to all applicable provisions of
2125
21.20.310 PALO ALTO MUNICIPAL CODE
Tide 18 of this Code as of the date of any such
proposed development.
(Ord. 3850 §2, 1939)
¯ 21.20.310 Solar requirements.
~ major subdivisions shall provide, to the ex-
tent feasible, for future passive or natural heating
or cooling opportunities in the sulxtivision. (Ord.
3157 § 1 (pan), 1979)
21.20.320 Flood hazard regulations.
For the purpose of carrying out the intent of
Chapter 16.52 of this code, all subdivisions shall:
(a) Be consistent with the need to minimize
flood damage;
(b) Have public utillties and facilities such as
sewer, gas, electrical, and water systems located
and constructed to minimize flood damage;
(c) Have adequate drainage provided to re-
duce exposure to flood damage; and "
(d) Base flood elevation data shall be pro-
vided for subdivision proposals and other pro-
posed developments which contain at least fifty
lots or five acres (whichever is less).
(Ord. 3158 §2, 1979)
CHAPTER 21.24
DEDICATIONS
21.24.010 Required dedications.
The subdivider shall dedicate or offer to dedi-
cate to the city or other appropriate public agency
upon the ftnal or parcel map any and all rights-of-
way and easements necessary for the layout,
maintenance and operation of all public
improvements required or permitted under this
tide or by specific requirement of the subdivision
approval. Dedications shatl also be made
permitting or restricting use of czrtain property or
rights as required by this rifle. All easements and
rights-of-way shall be the width specified in this
tide or the specific approval and shall be of
sufficient size to meet the requirements of the
purpose for which they are dedicated. Required
dedications shall include, but not be limited to:
(a) Easements for public utility, sanitary
sewer and drainage purposes, and for the over-
head pole lines and anchors required under this
ride, or as may be required by the director of util-
ities;
(b) The improved planting strips required
under this tide;
(c) The improved service roads and/or the
improved parking areas required by Section
21.20.110;
(d) The installed street name signs and traf-
fic-control signals system, signs, and markings
required under this title;
(e) The rights-of-way for public streets and
alleys approved under this title. Fee title to all
public street rights-of-way shall be conveyed to
the city by separate deed to be recorded with the
final or parcel map;
(f) The fights-of-way for freeways, or ex-
pressways required to be shown on the tentative
map under Section 21.20.160, unless the sub-
divider withholds from the subdivision all the
areas included in such right-of-way;
(g) The rights-of-way for storm drainage re-
quired under this title, unless thesubdivider with-
holds from the subdivision all the area included in
such right-of-way;
(h) Bicycle paths required or shown on the
tentative or preliminary parcel map;
(i) Transit facilities required or shown on the
tentative or preliminary parcel map;
(j) Dedication of access fights as required
under this title.
(Oral. 3157 §1 (part), 1979)
21.24.020 Dedication of improvements~
Whenever any dedicarion for public improve-
merits is required under this chapter, such dedica-
t.ion shall include not only such right-of-way and
easement as is required for said improvements,
but also any such improvements constructed,
installed or erected by the subdivider. (Ord. 3157
§1 (part), 1979)
2126
SUBDIVISIONS AND OTt-IER DMSIONS OF LAND 21.28.080
CHAPTER 21.28
IMPROVEMENTS
21.28.010 Improvements required of all
subdivisions.
The improvements set forth in this chapter
shall be required of all subdivisions unless the
city council or director of planning, in the case of
a preliminary parcel map, finds that due to the
particular circumstances of the subdivision said
improvements are not necessary, are not desir-
able, or that alternatives are desired for the public
health, safety and welfare. The subdivider shall
pay the expense of all required improvements.
(Ord. 3157 §1 (part), 1979)
21.28.020 Standards for improvements.
All improvements shail be subject to the ap-
proval of the city engineer and shall not be less
than those set forth in the "Standard Specifica-
tions of the City of Palo Alto," copies of which
are on file in the office of the city engineer, except
that the city engineer may approve alternate stan-
dards if conditions such as location, size, and
terrain make the application of such specifications
unfeasible or undesirable for the particular im-
provement. All improvements shall also be sub-
ject to the standards of the director of utilities and
fire chief. The location of all improvements shall
be subject to the approval of the city engineer. All
improvements shall provide facilities for the
handicapped as required by federal, state or local
law. (Oral. 3157 §1 (part), 1979)
21.28.030 Submission and approval of
plans prior to improvement work.
Plans and profdes for all improvement work
shall be prepared in accordance with the require-
ments of the city engineer.-No improvement work
shall be commenced until such plans and the pro-
files have been submitted to and approved by the
city engineer. The subdivider shall be required to
pay for the cost of checking such plans. (Ord.
3157 §1 (part), 1979)
21.28.040 Inspection and approval of
improvements, cost of inspection.
All improvements shall be constructed under
the inspection of and subject to the approval of the
city engineer. The subdivider shall pay the cost of
such inspection. (Ord. 3157 §1 (part), 1979)
21.28.050 Underground facilities, con-
struction prior to street finishing.
All underground facilities and storm drains in-
stalled in streets or alleys shall be constructed
prior to the surfacing of such streets or alleys.
Connections for all underground utilities shall be
laid to such lengths as the city engineer deter-
mines necessary to avoid disturbing the street or
alley improvements when service connections are
made. (Ord. 3157 §1 (part), 1979)
21.28.060 Specific improvements re-
quired ~ Benchmarks.
Permanent and accurate benchmarks shall be
established on the monument or other approved
location at each street intersection. Complete field
notes showing locations and elevations of all
benchmarks and monuments shall be filed with
the city engineer. (Ord. 3157 §I @art), 1979)
21.28.070 Curbs and gutters.
Curbs and gutters shall be installed to locations
and grades approved by the city engineer. Ramps
shall be provided for the handicapped in accord-
ante with state and local requirements. (Ord.
3157 §1 (part), 1979)
21.28.080 Monuments.
Permanent pipe monuments and boxes shall
conform to the standards of the city. Permanent
pipe monuments shall be set at each boundary
corner of the subdivision along the exterior
boundary lines at intervals of approximately five
hundred feet at the beginning of curves and end-
ing of curves of property line curves. Monuments
shall be set at intersections of all street monument
line tangents and at both the beginning of curves
and ending of curves of all monument line curves.
Complete field notes showing permanent refer-
2127
21.28.090 PALO ALTO MUNICIPAL CODE
ences or ties shall be Ned with ~, ’ :~ 7 engineer.
All m~ . ;ments that are required to ~ set shall be
mark, .~ conform with the provisions of Chapter
775 o: ~i°xe Statutes of 1935, and all subsequent
amendments thereto and with the provisions of
this title. (Ord. 3157 § 1 (part), 1979)
21.28.090 Railroad crossings.
Provision shall be made for all railroad cross-
ings necessary to provide access or circulation
within the proposed subdivision, including the
preparation of all documents necessary for appli-
cation to the California State Public Utilities Com-
mission for the establishment and improvement of
such crossings. (Ord. 3157 §1 (.part), 19.79)
21,28.100 Sewers.
Sanitary sewer facilities connecting with the
existing city sewer system shall be installed to
serve each lot and to grades and sizes approved
by the city engineer. The location, grade and size
of all sewers must be approved by the city engi-
neer. (Ord. 3157 §1 (part), 1979)
21.28.110 Sidewalks.
Sidewalks shall be installed to locations,
grades, and widths approved by the city engineer.
(Ord. 3157 §1 (part), 1979)
21.28.120 Street lighting.
Street light~ shall be installed. (Ord. 3157 §1
(part), 1979)
21.28.130 Street trees.
Approved street trees shall be provided and
planted by the subdivider. (Ord. 3157 §1 (part),
1979)
21.28.140 Streets,
All streets shall be graded and surfaced to
widths and grades approved by the city engineer.
All extensions of subdivision streets to the inter-
secting paving line of any county mad, city street
or state highway shall be improved. (Ord. 3157
§1 (part), 1979)
21.28.150 Water mains, fire hydrants,
and gas mains.
Water mains, fire hydrants, and gas mains
connecting to the city system shall be installed as
required by the city engineer, fire chief, and di-
rector of utilities. (Ord. 3157 §1 (part)~ 1979)
21.28.160 Street name and traffic-con.
trol signs.
Street name and traffic-control signal systems,
signs, and markings shall be installed by the sub-
divider when required. (Ord. 3157 §1 (part),
1979)
21.28.170 Alleys.
All alleys shall be paved. (Ord. 3157 §1
(part), 1979)
21.28.180 Planting strips.
All planting strips shall be landscaped. (Oral.
3157 §1 (part), 1979)
21.28.190 Service roads and off-street
parking.
All service roads and off-street parking areas
shall be improved. (Ord. 3157 §1 (part), 1979)
21.28.200 Undergrounding of public
utilities.
All public utilities shall be installed under-
ground. (Ord. 3157 §1 (part), 1979)
21.28.210 Storm drainage.
Adequate storm drainage improvements shall
be required, including, but not limited to, storm
drain sewers, structures for drainage, and access
to such improvements for service and/or punic
safety. (Ord. 3157 §1 (part), 1979)
21.28.220 Walkwayso
Walkways shall be improved. (Ord. 3157 §I
(part), 1979)
21.28.230 Bicycle paths.
Bicycle paths shall be paved. (Ord. 3157 §!
(part), 1979)
2128
SUBDIVISIONS AND OqT-IER DMSIONS OF LAND 21.36.010
21.28.240 Local transit facilities.
Local transit facilities shall be improved. (Ord.
3157 §1 (part), 1979)
21.28.250 Other improvements.
Other improvements necessary or convenient
to insure conformity to or implementation of the
comprehensive plan. or other local ordinances and
to insure the public health, safety and welfare,
shall be required. In addition, improvements out-
side of the subdivision may be required where
such improvements are required for the general
health, safety and welfare, and where conditions
necessitating such improvements are caused or
aggravated by the subdivision. (Ord. 3157 §1
(part), 1979)
CHAPTER 21.32
CONDITIONAL EXCEP’I~IONS
21.32.010 Application for exceptlons.
A subdivider may apply for conditional excep-
tions to any of the requirements and regulations
set forth in this tire. Such exceptions may be
granted 0nly by the city council after recommen-
dation by the planning commission. Application
for such exception shall be made by petition of the
subdivider, stating fully the grounds of the appli-
cation and the facts relied upon by the petitioner.
Such petition shall be submitted with the tentative
or preliminary parcel map for which the exception
is requested and shall be reviewed and processed
concurrent with said map. (Ord. 3157 §1 (part),
1979)
21.32.020 Justifications and findings,
conditions.
(a) Exceptions shall be granted ordy upon a
finding that the approval will secure substantially
the objectives of the regulations or requirements
to which the exceptions are requested, shall pro.
met the public health, safety, convenience, and the
general welfare and shall be consistent with and
implement the policies and objectives of the com-
prehensive plan. Any appmvai of exceptions may
be made upon such conditions as are deemed nec-
essary to secure such compliance.
(19). Exceptions shall be granted ordy upon
making the following findings: :..
(1) There are special circumstances or con-
ditions affecting the property.
(2) The exception is necessary for the pres-
ervation and enjoyment of a substantial property
right of the petitioner.
(3) The granting of the exception will not
be detrimental to the public welfare or injurious to
other property in the territory in which the prop-
erty is situated.
(4) The granting of the exception will not
violate the requirements, goals, policies, or spirit
of the law.
(c) In the event an exception is granted, any
conditions necessary to achieve the objectives of
this rifle, the comprehensive plan, or arty provi-
sion of law shall be imposed.
(Ord.3157 §1 (part), 1979)
21.32.030 Minor subdivision.
’l~ae director of planning shall not be authorized
to grant any exceptions. In the event a petition for
exceptions is filed in conjunction with a tentative
parcel map, the director of planning shall not ap-
prove or disapprove the map, but shall process
said map and forward it to the planning commis-
sion and city council for action as in the case of a
tentative map. (Ord. 3157 §1 (part), 1979)
CHAPTER 21.36
APPEALS
21.36.010 Notice.
Any aggrieved person may appeal from the
decision of the director of planning in approving,
conditionally approving or denying a preliminary
parcel map or from any portion or condition there-
of. Such appeal shall be taken to the city council;
provided, that prior to consideration of the appeal.
by the city council, the planning commission, act-
2129
21.36.020 PALO ALTO MUNICIPAL CODE
ing as an advisory appeal board, shall review the
appeal and make its recommendations to the city
council. An appeal shall, be commenced by filing a
notice of appeal with the director of plarming.
Such notice shall be filed within fifteen days of
the decision of the director of planning which is
the subject of the appeal. An appeal notice filed
after such fifteen-day period shall not be proc-
essed. Any decision not appealed within said time
shall become final. The notice of appeal shall set
forth in detail the decision, or portion thereof, ap-
pealed and the grounds for the appeal. The notice
of appeal shall be accompanied by eighteen copies
of the tentative parcel map. (Ord. 3157 §1 (part),
1979)
21.36.020 Hearing before planning
commission.
Within thirty days after the filing of the notice
of appeal, the planning commission shall hold a
hearing and consider the appeal. The director of
plarming shall submit a written report to the plan-
ning commission. Within ten days after the con-
clusion of the hearing, the planning commission
shall make its recommendation. The planning
commission may recommend that the city council
sustain, modify, or overrule the decision of the
director of planning. Said recommendation shall
be forwarded to the city clerk for presentation to
the city council. (Ord. 3157 §1 (part), 1979)
21.36.030 Action by city council.
The appeal shall be set for a hearing before the
city council within thirty days after receipt of the
planning commission’s recommendation by the
city clerk. Within seven days after tim conclusion
of the hearing, the city council shall render its
decision and findings based upon the testimony
and documents produced before it or before the
planning commission. The city council may sus-
tain, modify, or overrule the decision of the direc-
tor of planning based upon the provisions of this
title and the Subdivision Map Act.
(Oral. 3157 §1 (part), I979)
21.36.040 Extension of time.
Any of the time limits contained intills section,
except the fifteen-day period for filing a notice of
appeal, may be extended by the mutual consent of
the ap~llant, the subdivider, and the agency be-
fore which the appeal is pending. (Ord. 3157 §1
(part), 1979)
CHAPTER 21.40
CONVERSIONS OF RENTAL HOUSING
TO CONDOMINIUMS AND OTHER
COMMUNITY HOUSING PROJECTS
21.40.010 Purposes.
(a) The purposes of this chapter are:
(1) To seek a reasonable balance of rental
and ownership housing in the city in a variety of
individual choices of tenure, type, price, and loca-
tion of housing;
(2) To protect the supply of multi-family
rental housing’,
(3) To protect the supply of rental housing
for low and moderate income persons and faro-
(4) To reduce and avoid displacement of
tenants, particularly senior citizens and families
with school-age children, who may be required to
move from the community due to a shortage of
replacement rental housing
(5) In the event of a conversion, to assure
that purchasers have adequate information on the
physical conditions of the structure and that the
structure meets adequate health and safety stan-
dards;
(6) In the event of a conversion, to give
priority for purchase of units to existing tenants;
(7) To meet the goals of the comprehensive
plan, including the below-market-rate programs.
(Ord. 3295 §1 (part), 1981: Ord. 3157 §1 @art),
1979)
21.40.020 Definitions.
(a) For the purposes of this chapter, the fol.
lowing definitions are adopted:
2130
SUBDMSIONS AND OTHER DMSIONS OF LAND 21.40.020
(1) "Community housing" and "community
housing project" mean and incIude the following:
(A) "Community apartment," which
means a project in which an undivided interest in
the land is coupled with the right of exclusive
occupancy of any apar~ent thereon;
03) "Condominium," which means an
estate in real proper~ consisting of an undivided
interest in common in a portion of a parcel of real
property together with a separate interest in space
in a residential building on such real property;
(C) "Planned development," which
means a real estate development having either or
both of the following features:
(i) Any contiguous or noncontiguous
lots, parcels or areas owned in common by the
owners of the separately owned lots, parcels or
areas consisting of areas or facilities the beneficial
use and enjoyment of which is reserved to some
or all of the owners of separately owned lots, par-
eels or areas.
(ii) Any power exists to enforce any
obligation in connection with membership in the
owners association, or any obligation pertaining
to the beneficial use and enjoyment of any portion
of, or any interest in, either the separately or
commonly owned lots, parcels or areas by means
of a levy or assessment which may become a lien
upon the separately owned lots, parcels or areas
of defaulting owners or members, which said lien
may be foreclosed in any manner provided by law
for the foreclosure of mortgages or deeds of trust,
with or without a power of sale;
(D) "Stock cooperative," which means a
corporation which is formed or availed of pri-
marily for the purpose of holding rifle, either in
fee simple or for a term of years, to improved real
property, if all or substantially all of the share-
holders of such corporation receive a right of ex-
clusive occupancy in a portion of the real prop-
erty, titte to which is held by the corporation,
which right of occupancy is transferable only con-
currently with the transfer of the share or shares
of stock or membership certificate in the corpora-
tion held by the person having such right of occu-
pancy. The term "stock cooperative" does not in-
clude a limited-equity housing cooperative as
defined in California Business and Professions
Code Section 11003.4;
(E) Such other forms of ownership in
which a parcel or parcels of real property, in-
cluding all structures thereon, are wholly or par-
fially rented or leased for residential purposes and
are proposed to be divided, as land or air space,
into three or more parcels, units or rights of ex-
clusive occupancy.
(2) "Conversion" means a change, includ-
ing a proposed change, in the type of ownership
of a parcel or parcels of land, together with the
.existing structures, from a rental housing complex
to a community housing project, regardless of
whether substantial improvements have been
made to such structures.
(3) "DRE report" means the final subdi-
vision public report issued by the California De-
partment of Real Estate pursuant to Section
11018.2 of the California Business and Profes-
sions.Code.
(4) "Rental housing complex" means a
structure or structures containing at least three
rental units on the same parcel or adjoining par-
eels of property.
(5) "Rental unit" means an element of a
.rental housing complex designed to be rented to
one family independently.
(6) "Tenant" means a person who enters
into a written or oral lease or rental agreement
with the owner: or owner’s agent, of a rental
housing complex. "Tenant" does not include a
subtenant or sublessee.
¯ (7) "Unit" means the element of a commu-
nity housing project which is to be exclusively
owned or occupied individually, and not in com-
mon with the owners of other elements of the
project.
(8) "Vacancy deficiency" means the num-
ber of vacant rental units needed to raise the
vacancy rar~ to three percent.
(9) "Vacancy rate" means the number of
rental urtit~ being offered for rent or lease in the
city of Palo Alto, shown as a percentage of the
2131
.40.030 PALO ALTO MUNICIPAL CODE
total number of rental units both being offered and
actually under a rental or lease agreement.
(10) "Vacancy surplus" means the number
of rental units being offered for rent or lease in
excess of the three-percent vacancy rate.
(Ord. 3295 §1 (part), 1981: Ord. 3157 §1(part),
1979)
:21.40.030 Scope.
All conversions involving a change in the type
of ownership of three or more rental units are
subject to the provisions of this chapter. Nothing
in this chapter shall be interpreted to exempt any
conversion from the operation of any other
chapter under this title or from the requirements of
any other statute., ordinance, or regulation. (Ord.
3295 §1 (part), 1981: Ord. 3157 §1 (part), 1979)’
21.40.040 Determination .of vacancy
rate and surplus.
In April and November of each year, the di-
rector of planning and community environment
shall determine from the city utility-meter r~cords
the vacancy rate and the vacancy surplus, tf any,
within the city limits. New market-priced rental
units available to the general public, for which a
certificate of use and occupancy has been issued
since the last vacancy survey, shall be added on a
unit-for-unit basis either to reduce the vacancy de-
ficiency or to increase the vacancy surplus. (Oral.
3295 §1 (part), 1981: Ord. 3157 §1 (part), 1979)
21.40.050 When an application for con-
version may be filed.
(a) No application for consideration of a ten-
tative or preliminary parcel map for a subdiyision
to be created from a conversion may be filed with
the city unless there is a vacancy surplus as of the
most recent determination V~-uant to this chap-
ter.
(1) When there is a vacancy surplus as of
the most recent determination pursuant to this
chapter, an application for consideration of a ten-
tative or preliminary parcel map for a subdivision
to be created from a conversion may be filed with
the director of planning and community environ-
ment if the number of lots, units or rights of ex-
clusive occupancy in such proposed conversion
does not exceed the vacancy surplus by more than
forty percent.
(b) An application for consideration of a ten-
tative or preliminary parcel map for a conversion
may be filed, regardIess of whether a vacancy
surplus exists, if both of the following conditions
are met:
(I) One below-market-rate rentalunit must
be provided for every two non-below-market.rate
units to’be converted.
(A) The below-market-rate unit(s) must
be of comparable size and condition (,prior to any
rehabilitation done for pu~ses of conversion) to
the non-below-market-rate units to be convened.
¯ 03) For the purposes of this section, a
below-market-rate rental unit is a unit provided
within the city for permanent low and moderate
income rental housing in accordance with either
the city’s below-market-rate program, the city’s
rental housing acquisition program-, or such sim-
ilar program expressly approved by the city coun-
cil as being in accord with the city’s compre-
hensive plan’s goals and objectives for low and
moderate rental income, and which the city, or its
designee, is willing and able to accept. The provi-
sion of low and moderate income housing in ac-
cordance with this subsection shall satisfy the
city’s below-market-rate requirement for subdivi-
sions set forth in Housing Program 17 of the
comprehensive plan, and as thereafter may be
(2) The tenants of at least two-thirds of the
rental units in the rental housing complex consent
to convert the rental housing complex to a
community housing project in accordance with the
following provisions:
(A) Each rentaI trait (including any units
subject to the tentative or prelimina_D, parcel map
which are to be provided to the city as below-mar-
ket-rate units pursuant to Section 21.40.050(b)(1)
above) is entitled to one consent and such consent
must be signed under penalty of perjury by aU
tenants of the rental unit;
2132
SUBDIVISIONS AND OTHER DIVISIONS OF LAND 21.40.050
03) The following units shah not be
eligible to sign consent forms:
(i) A rental unit in which the tenants
do not all agree to consent to the conversion or do
not all sign the consent form;
(ii) A rental unit in which one or more
of the tenants has not resided in the rental housing
complex for at least one year before signing the
consent form;
(iii) A rental unit occupied by a tenant
employed by or related to the owner or manager
of the rental housing complex or to the applicant
for the conversion;
(iv) A rental unit which is vacant on
the date the consent forms are sent to tenants or
which is vacated between that date and the last
date for returning signed consent forms to the
applicant for conversion.
(C) The following consent form shall be
used by the applicant for conversion in calculating
the number of consenting units:
CONSENT FORM FOR PROPOSED CON-
VERSION TO COMMUNITY HOUSING
[Specify Type]:
THIS CONSENT IS IRREVOCABLE
ADDRESS:
The units in the rental housing complex at the
above address may be converted to [specify type
of community housing] if the tenants of at least
two-thirds of the units in the rental housing
complex consent to the conversion. The applicant
for conversion is [name] [address].
DECLARATIONS
I and each of the signators below represent all
of the tenants in possession of unit ,
I am not employed by or related to the owner or
manager of the rental housing complex or to the
applicant for conversion. I irrevocably consent to
the conversion. I declare under penalty of perjury
that the representations made herein are true and
colTeCt.
length of continuous
tenancy in rental
housing complex
(print name)signature
datelength of continuous
tenancy in rental
housing complex
(print name)signature
length of continuous date
tenancy in rental
housing complex
(D) The city must be notified on the date
consent forms are first given to tenants, and the
consent forms must be signed no later than ninety
days from the date the consent forms are first
given to the tenants;
(E) Notice tO prospective tenants. No
rental unit in a rental housing complex shall be
leased or rented to any person after the consent
forms are first given to tenants unless said person
has been notified of the, proposed conversion
immediately prior to the acceptance of any rent or
deposit from the prospective tenant in the
following written form:
"NOTICE TO PROSPECTIVE TENANT
This rental housing complex is in the process
of obtaining the consent of its tenants to convert
the complex to a community housing project. If
you become a tenant, if two,thirds of the rental
units consent to conversion and if the conversion
application is approved by the city council, the
unit you are considering leasing or renting will be
offered to you for purchase; if you do not desire
to purchase the unit, you will be offered an ex-
tended lease. As a new tenant, you will be ineligi.
(print name)signature
2133
21.40.060 PALO ALTO MUNICIPAL CODE
ble to sign a consent form."
(Oral. 3295 §1 (part), 1981:Ord..3157 §1 (part),
1979).
21.40.060 Approval of a map for con-
version.
(a) A tentative map, preliminary parcel map,
final map or parcel map for a subdivision to be
created from a conversion shall not be approved
or recommended for approval unless such map is
consistent with the purposes and requirements of
state law, the ~Palo Alto comprehensive plan, this
title, this chapter, and unless all of the following
conditions are or willbe met:
(1) Tenant protections.
(A) - Application timely. If the applicant
for conversion procures tenant consents pursuant
to Section 21.40.050@)(2) above, the tentative or
preliminary parcel map for conversion must be
received by the city within sixty days of the last
date on which the signed consent forms may be
returned to the applicant for conversion.
03) Notice to tenants in accordance with
Government Code Sections 66452.9 and
66427.1. The applicant for conversion shall give
notice in the following form to each tenant of the
rental, housing complex at least sixty days prior to
the f’tling of the tentative or preliminary parcel
map:
’To the occupants of
[address]
The owner(s) of this building, at
pians to file an application with the City of Palo
Alto to convert this building to a [specify eom-
murdty housing project]. You shall be given
notice of each hearing for which notice is required
pursuant to Sections 66451.3 and 66452.5 of the
Government Code, and you have the right to ap-
pear and the right to be heard at any such hearing.
(signature of owner)
Attached to this notice must ~i~ an explanation
of all tenant protections requir~c~ by this Section
21.40.060(a)(1).
(C) Right of first refusal. Each of the
tenmts of the proposed community housing proj-
ect has been or will be given notice of an exclu-
sive right to contract for the purchase of their re-
spective rental units upon the same terms and
conditions that such units will be initially offered
to the general public or terms more favorable to
the tenant. Each of the tenants who was a tenant
on the date of the completed conversion applica-
tion shall be given such a right to purchase upon
the terms and conditions, if any, quoted to the
tenants and set forth in the subdivision applica-
tion. Such rights to purchase shall run for a.
period of not less than ninety days from the date
of issuance of the DKE report, unless the tenant
gives prior written notice of his or her intention
not to exercise the right.
(19) Extension of leases. Tenants in the
proposed community housing project on the date
of recordation of the final map for said project
have been provided assurances that they will have
the opportunity to remain in their respective rental
units after conversion as tenants under extended
leases. Such extended leases shall be subject to
the following provisions:
(i) Any tenantwho has reached or
will reach the age of sixty years at the end of the
calendar year in which that tenant’s unit is offered
for sale shall be offered a lifetime lease to his or
her rental unit.
(’ti) Any tenant who does not qualify
for a lifetime lease pursuant to subsection
(a)(1)(D)(i) above shall be offered a ten-.year lease
to his or her rental unit.
(iii) Any lease(s) offered pursuant to
subsections (a)(1)(D)(i) or (ii) above must:
a. Be circulated to all tenants at
least sixty days before the consent forms are re.
quired to be returned to the applicant for conver-
sion, if the applicant for conversion procures
tenant consents pursuant to Section 21.40.050
@)(2) above;
2134
SUBDIVISIONS AND OTHER DrVISIONS OP LAND 21140.060
b. Restrict the rent on each unit to
the monthly rent charged two years prior to the
date the conversion application is received by the
city, with increases in the monthly rent for each
ensuing year after such date not to exceed sev-
enty-five percent of the preceding year’s increase
in the Consumer Price Index for the San Fran-
cisco Bay Area for All Urban Consumers (all
items), as published by the Bureau of Labor
Statistics, United States Department of Labor, or
any other standard recognized cog-of-living index
which is published by the United States Govern-
ment in lieu of the Index;
c. Be subject to any "just cause"
eviction ordinance adopted by the city;
d. Not be subordinated to the CC
& R’s adopted by the community housing project
with regard to tenants’ rights and tenants’ finan-
cial obligatiom or other, liabilities;
e. Be recorded by the applicant for
conversion in the Santa Clara County recorder’s
office.
(iv) The applicant for conversion, up-
on the request of the tenants of at least one-third
of all the rental units, must pay the standard hour.
ly fees for an attorney selected by those tenants to
represent them in negotiating the terms of the
lease(s) offered pursuant to Subsections
(a)(1)(D)(i) and/or (ii) above, provided that such
expenses may not exceed the fees for more than
forty hours.
(v) The city’s rental housing media-
tion task force shall be available to mediate any
disputes arising from. any lease(s) offered
pursuant to subsections (aX1)(DXi) or (ii) above.
(vi) In the event that a tenant or tenants
in a unit held by the city or its designee as below-
market-rate rental housing pursuant to Section
21.40.050(b) is eligible to receive any available
rental-housing assistance payments, such tenant
or tenants may choose to enter into a lease provid-
ing for such rental-housing assistance payments
in lieu of the extended lease required by this sec-
tion.
(E) Termination of tenancy by developer.
Each of the tenants of the proposed community
housing project who does not choose to purchase
his or her respective rental unit or does not choose
to enter into an extended lease pursuant to Section
21.40.060(a)(1)(D) above must have been given
one hundred eighty days’ written notice of inten-
tion to convert prior to termination of tenancy due
to the conversion or proposed conversion. The
provisions of this subsection shall not deter or
abridge the rights or obligations of the parties in
performance of their covenants, including but not
limited to the provision of services, payment of
rent, or the obligations imposed by Sections
1941, 1941.1 and 1941.2 of the Civil Code.
(F) Termination of tenancy by tenant.
The applicant for conversion shall permit a tenant
to terminate any lease or rental agreement without
any penalty whatsoever after notice has been
given of the intention to convert the tenant’s rental
unit to a community housing project in accordance
with Section 21.40.060(a)(1)(B) above, if such
tenant notifies the applicant for conversion in
writing thirty days in advance of such termina-
tion. Such right to terminate shall expire if the
application for conversion is denied.
(G) Notice to prospective tenants in
accordance with Government Code Section
66452.8.
(i) Commencing on a date not less
than sixty days prior to the filing of a tentative or
preliminary parcel map, the applicant for con-
version or his or her agent shall give notice of
such filing to each person applying after such date
for rental of a unit of the subject property imme-
diately prior to the acceptance of any rent or
deposit from the prospective tenant.
(’ti) The notice shall be as follows:
’~1"o the prospective occupant(s) of
[address]
The owner(s) of this building, at (address),
has filed or plans to file an application with the
City of Palo Alto to convert this building to a
[specify community housing project]. No units
may be sold in this building unless the conversion
2135
.).060 PALO ALTO MUNICIPAL CODE
fs approved by the City of Palo Alto and until
after a public report is issued by the Department
of Real Estate. If you become a tenant of this
building, you shall be givennotice of each hear-
ing for which notice is required pursuant to See-
t.ions 66451.3 and 66452.5 of the Government
Code, and you have the right to appear and the
fight to be heard at any such hearing. In addition,
if you become a tenant, if two-thirds of the rental.
units have consented to conversion and ff the con-
version application is approved by the City Coun-
cil, the unit you rent will be offered to you for
purchase; if you do not desire to purchase the
unit, you will be offered an extended lease in
accordance with Chapter 21.40 of the Palo Alto
Municipal Code.
(signature of owner or owner’s agent)
(dated)
I have re-
ceived this
notice on
(aate)
¯ (prospective tenant’s signature)"
fir) Remodeling; Repairs and/or remod-
eling proposed to be made in connection with the
conversion shall not be performed without the
tenant’s consent during the ninety-day period
from the date of issuance of the DRE report. If
repairs and/or remodeling of the unit require the
tenant’s temporary relocation, the applicant for
conversion must assume all moving costs and rent
for comparable replacement housing for the tenant
who is displaced on a temporary basis.
(I) Engineer’s report. In order to assist
the tenants in their decisions whether to purchase
their units upon conversion, the applicant for con-
version must send a copy of the property report
and structural pest report required pursuant to
Section 21.40.060(a)(2)(B)(i) and (ii) to all ten-
ants on or before the date of issuance of the DRE
report.
(J) Notice of compliance with state law.
The applicant for conversion must provide written
evidence of compliance with Government Code
Section 66427.1.
(2) Bui, er protections.
(A) Age discrimination. No community
housing project shall prohibit sales of units to
persons with children urdess it is determined by
the director of planning and community environ-
ment upon review of a preliminary parcel map or
the city council upon review of a tentative map
that from the time of its development, the project
was designed and built for the exclusive occu-
pancy of persons sixty years of age or older.
03) Certificate of use and occupancy. Pri-
or to the sale or occupancy of any units which
have been converted to community housing, a
certificate of use and occupancy for community
housing shall be obtained from the chief building
official pursuant to Chapter 16.38 and subject to
the following additional requirements:
(i) The applicant for conversion shall
’submit a property report describing the condition
and useful life of the roof, foundations, mechan-
ical, electrical, plumbing and structural elements
of all existing bui.ldings and structures. Such re-
port shall be prepared by a registered civil or
structural engineer, or a licensed general building
contractor or general engineering contractor.
(ii) The applicant for conversion shaU
submit a structural pest report. Such report shall
be prepared by a licensed structural pest-control
operator pursuant to Section 8516 of the Business
and Professions Code, relating to written reports
on the absence or presence of wood-destroying
pests or organisms.
(lii) The consumption of gas and elec-
tricity within each dwelling unit shall be sepa-
rately metered so that the unit owner can be .sepa-
rately billed for each utility. A water shut-off
valve shall be provided for each unit. The require-
merits of this subsection may be waived where the
2136
SUBDIVISIONS AND OTHER DIVISIONS OF LAND 21.40.070
chief building official finds that such would not ’
be practical.
(iv) All permanent mechanical equip-
ment, including domestic appliances, which am
determined by the chief building official to be a
source or potential source of vibration or noise,.
shall be shock-mounted, isolated from the floor
and ceiling, or otherwise installed in a manner
approved by the chief building official to lessen
the transmission of vibration and noise.
(v) The wall and floor/ceiling assem-
blies between dweRing units shall conform to the
sound.performance criteria of Title 25 of the Cali-
fornia Administrative Code.
(vi) Accessible attics shall be insulated
to meet the energy conservation requirements of
Title 24 of the California Administrative Code.
(vii) Electrical control ’panels shall be
provided in accessible locations controlling the
entire service to each unit.
(viii) The wall and floor/ceiling assem-
blies between dwelling units shall meet one-hour
tim-resistive construction as specified in the latest
edition of the Uniform Building Code.
(ix) Smoke detectors approved by the
fire prevention division shall be provided in each
unit.
(x) Any multiple-unit building three
stories or more in height or contalr~ng more than
fifteen dwelling units shall have an approved fire
alarm system as specified in the Fire Prevention
Code.
(3) Below-market-rats requirement. In con-
versions of ten or more rental units, not less than
tsn percent of the units in the community housing
project shall be provided for sale to the city for
permanent low and moderate income housing in
accordance with either the city’s below-market-
¯ rate program, the city’s rental, housing acquisition
program, or such similar program expressly
approved by the city council as being in accord
with the city’s comprehensive plan’s goals and
objectives fo~: low and moderate income housing.
The provision of such low and moderate income
housing in accordance with this subsection shall
be in compliance with the city’s below-market-
rate requirement for subdivisions set forth in
Housing Program 17 of the comprehensive plan,
and as thereafter may be amended. . This section
shall be considered f-ulffl.led if the applicant for a
conversion meets the condition set .forth in
Section 21.40.050(b).
(Ord. 3295 §1 (part), 1981: Ord. 3157 §1 (part),
1979)
21.40.070 Contents of an application.
(a) In addition to the other requirements of
this rifle, an application for approval of a tentative "
or preliminary parcel map for a conversion shall
be accompanied by the following information:
(1) Age and length of occupancy of every
tenant including children, in the rental housing
complex on the date of the conversion application;
(2) Current rents for each Unit and the date
and amount of all rental increases within the two
years prior to the date the conversion application
is received;
(3) The approximate proposed~sales price
of each unit and the pro forma budget proposed
for submission to the real estate commissioner or
a similar estimate of projected annual operating
and maintenance fees or assessments; and
(4) A statement of any repairs or improve-
ments proposed to be completed prior tothe sale
of units, along with a time schedule therefor,
(5) A statement of proposed tree and land-
scaping removal and/or planting, if any;
(6) A parking plan, including the total
number of spaces actually provided, the total
number of covered and uncovered spaces, and the
location and number of guest parking spaces;
(7) A report describing the building’s util-
ities, storage space and laundry facilities;
(8) Any other information which, in the
opinion of t_he director of planning arid commu-
nity environment, will assist the city in determin-
ing whether the proposed conversion is consistent
with the purposes of this chapter and the compre-
hensive plan.
(Ord. 3295 §1 (part), 1981)
2137 Rev. Ord. Supp. 12/92
21.40.080 PALO ALTO MTINICIPAL CODE
21.40.080 Time limits.
(a) Withdrawal. If a tentative or preliminary
parcel map for a subdivision to be created from a
conversion is withdrawn before city council re-
view, a map for said subdivision cannot be sub-
mitred again for one year afterthe date of with°
drawal.
(b) Expiration. If a tentative or preliminary
parceI map for a subdivision to be created from a
conversion which has been approved or condi-
tionally approved by the city cotmcil expires,
pursuant to Government Code Section 66452.6, a
map for said subdivision cannot be submitted
again for one year after the date of expiration.:
(c) Denial. If a tentative or preliminary parcel
map for a subdivision to be created from a con-
version is denied by the city council, a map for
said subdivision cannot be submitted for one year
after the date of denial.
(d) Sale. All rental units approved for con-
version shall be offered for sale within two years
of the issuance of the DRE report.
(Oral. 3295 §1 (part), 1981)
21.40.090 Severabillty..
If anyprovision or clause 0f this chapter or the
application thereof to any person or circumstance
is held to be tmconstitutional or to be otherwise
invalid by any court of competent jurisdiction,
such invalidity shall not affect other chapter pro-
visions, and clauses of this chapter are declared to
be severable. (Ord, 3295 §1 (part), 1981)
CHAPTER 21.44
CERTIFICATES OF COMPLIANCE
21.44.010 Certificate of compliance
defined.
A certificate of compliance is a document is-
sued by the city engineer for recordation stating,
with or without conditions, that a certain lot or
lots described therein complies with the provi-
sions of this title and the Subdivision Map Act
and is a Iawfully existing lot or lots. A certificate
of compliance may be issued for the following
purposes:
(a) A certificate of compliance shall be issued
in lieu of any preliminary parcel map, tentative
map, parcel map or f’mal map in the case of a lot
line adjustment pursuant to Section 21,08.050, or
in the case of a lot line removal pursuant to
Section 21.08~070.
Co) A ce~ficate of compliance may be issued
in lieu of a parc.el map in the case of a lot line
removal pursuant to Section 21.08.060.
(c) A certificate of.compliance may be issued
in lieu of a parcel map in the case of a written
~_--~_~_ the subdivider pursuant to Section/-21.o8.08 .
~.__~.A certificate of compliance shall be issued
upon request of a property owner for property
which has been divided in compliance with any
existing provisions of law regulating such
divisions or at a time when no such regulations
were applicable, and which presently constitutes a
lawfuUy existing lot or lots, for the purpose of
establishha, g recorded evidence that the lot or lots
are lawfully existing; except that no cettLficate of
compliance shall be issued for any lots merged
pursuant to Section 21.04.040.
(e) A certificate of compliance may be issued
subject to the provisions set forth in this chapter
for a lot not created in compliance with any
existing_ provisions of law regulating such_
divisions, in order to establish such a lot as
lawfully existing.
(Ord. 4124 §6, 1992: Ord. 3157 §1 (part), 1979)
21.44.020 Certificate of compliance In
lleu of final or parcel map.
In the case of a lot line adjustment or minor
subdivision for which the requirement of a parcel
map has been waived, the property owner may
apply for the issuance of a cert~eate of compli-
ance. Such application shall be made within the
time limits specified for the filing of the otherwise
required final or parcel map. Prior to issuance of a
certificate of compliance, the owner shall fulfill all
conditions of tentative or tentative parcel map
approval as would be required in the approval of a
2138 Rev, Ord. Supp, 12/92
SUBDMSIONS AND OTHER DIVISIONS OF LAND 21.44.070
final or parcel map. The issuance of such a
certificate of compliance shall be made upon such
terms and conditions as would be applicable were
a fia-tal or parcel map to be filed.
Such terms and conditions shall be stated in the
certificate of compliance. (Ord. 3157 §1 (part),
1979)
21.44.030 Certificate of compliance to
confirm lawful status of property.
Any property owner may request in writing
that the city engineer determine whether such
property complies and was created in conform-
ance with the title and the Subdivision Map Act,
or was lawfully created prior to the applicability
of such provisions: Upon making such a determi-
nation, the city engineer shall issue and cause a
certificate of compliance to be recorded with the
county recorder. No such certificate shall be
issued for any lots merged pursuant to Section
21.04,040. Any property owner making appli-
cation under this section shall have the obligation
of furnishing to the city engineer such evidence
and documents asmay be required to enable the
city engineer to make the determinations required
under this chapter, (Ord. 3157 §1 (part), 1979)
21.44.040 Certificate of compliance to
render lot conforming.
The owner of a lot created in violation of this
title, the Subdivision Map Act or any predecessor
legislation governing the division of landother
than the person who created such violation and
any person who tooktitle to the property with
actual or constructive notice of such violation,
may apply for a certificate of compliance in order
to render that lot legal .and in compliance with this
title and the Subdivision Map Act. Such appli-
cation may be processed only if the lot conforms
with all present standards contained in this title
and Title 18 with regard to lot size and design. No
application tinder this section shall be processed
unless the applicant submitsto the city a declara-
tion under penalty of perjury that the applicant has
attempted and been unable to obtain the consent of
the other owners of property constituting the
remainder of the original parcel unlawfully di-
vided, of which the applicant’s property is a
portion, for the f’fling of a subdivision application
for the entire property. In no event shall such a
certificate of compliance be issued if the applicant
is the owner of the whole of said original parcel.
As a prerequisite to the filing of an application
under this section, the applicant shall submit and
apply for approval of a tentative parcel map as
provided in this title, showing the lot for which a
certificate of compliance is requested.
In approving such tentative parcel map or
certificate of compliance, the director of plalming
and city engineer may impose such conditions as
would have been applicable to the division of the
property at the time the applicant acquired said
applicant’s interest. Said conditions shall be
reflected on the face of the certificate of
compliance. (Ord. 3157 §1 (part), 1979)
21.44.050 Property description.
In addition to any other requirements contained
in this chapter, any person applying for a certifi-
cate of compliance shall furnish to the city engi-
neer property descriptions, satisfactory to the city
engineer, and an area map, for any lots which are
the subject of the application. (Ord. 3157 §1
(part), 1979)
21.44.060 Conditions.
The city engineer may impose upon the issu-
ance of any certificate of compliance such condi-
tions as are required to insure compliance with
this title and the Subdivision Map Act. (Ord.
3157 §1 (part), 1979).
21.44.070 Fee.
In every instance where an application for a
certificate of compliance is filed, a fee shall be
charged as set forth in the municipal fee schedule.
(Oral. 3157 §1 (part), 1979).
2139 Rev. Ord, Supp. 12/92
Code Interpretation
Office of the City Attorney.
City Of Palo AIto : ..
Attachment C
No. 2000-06
DATE :March’29, 2000
TO:Ed Gaff, Direc’tor.of Planning and Community Environment
Glenn Roberts, Director of Public Works
FROM:Wyn’n’e Furth, Senior Asst. City Attorney
SUBJECt: ’Palo Alio Munihipal Code Chapter 21.0’8-~City May Not
Requir4 Maps for Lot Line Removals "
.Summary
T~e City may not require the filipg of a tentative,.
parcel, or final map .for a "lot lihe remo~al," regal!less ofthe
number of Parcels e~iminate~. Palo Alto Municipal Code Sections
21.08.860 and 2¯I.08070 ¯requiring.maps for lot line removals have
been pre-empted by the Subdivision Map .Act of the State of
California. .Lot li~e removals must be handled thrQugh .the
certificate.of compliance procedure now used for lot line removals
involving four or fewer parcels.and.less thaA five acres.
Analysis
The. Subdivision Map Act .governs the creation of
marketable’parcels ’of real estate. While eac~ local government’ is
required to adopt andimplement i~s Own~subdivision procedures and
rules, ’they iust be.cons£stent.with.state law. (Gozernment Code
Sectio$ 66411.) State.law.greatly limits the requirements that may
be imposed on a lot line adjustments:
A ’lot line adjUstment’.between .two or more
existing adjacent parcels, where the land¯ .
taken from one parcel is added to an.adjacent.
par9el and a greatgr Lnumbe~ of parcels than
originally existed is not thereby created,
providing the lot line adjustment is approved
by the local agengy [is exempt from
subdivision requirements.] A local agency ...
shall limi~ its review and approval to a
determination Of .whether or not the parcels
respiting from the lot line adjustment will
conform to. loca¯l .zoning and building
ordinances. A ... local .agency shall not
.impose conditions or exactions on its approyal
of a lot line adjustment except to conform ho
local zpning and building ordinances,, to
require the prepayment of real property taxes"
prior .to the’ .approval. of the lot . lihe
adjustment, or¯to facilitate the relocation of
000329 0090454
1
existing utilities, infrastructure or
easements. No tentative ~ap, parcel’map, .or
~.inal map shall be required....as....a condition to.
~he approval of a lot line adjustment~ The
lot line adjustment, shall be reflected in a
deed,, which shal! be’recorded. No.record of
survey shall ’be required for a idt line
adjustmeAt unless required’by Section 8762 of
the Business and Professions Code..Government
Code Section 66412(d).
.A "lot line removal" iS a,lot¯ line adjustme~tunder state.law,
In Hart Dieguitb Pa.rt’nership, ~.P~. v. City of.San Diego,
7 Cal..App. 4th 748 (1994) ,. a California appellate court ruled
.that even in a hharter city, Government Code Section 66412’. l~mits
reviewoflot line adjustmehts. ~ This is’ the case %yen.when the
land. involved is environmentally sensitive. (In the San Dieguito
case, small well si~es were transformed into large, developable
lotsoin’a~ open space area.) Recently, a trial co~urt in Contra
-costa county confirmed this s~ate pre-emption, even when the effect
of the .lot line’adjustment (this time involving a water tank site)
.was to un’d~rmine ’the subdivision requirements, of the city.
The power to subdivide land does no~ automatically
include the power to develop it. A certificate of compliance may
indicate that future development, is dependent upon satisfaction of
certain described conditions.
It is a simple ma~ter t~.amend Chapter 21.08 to eliminate
the invalLd map requirement. However, we recommend that you also
review ~your subdivision and zohing ordinances to se.e if the~e are
s~bstan~ive requirements .that you wish’ to add to the zoning or
building ordinance.s,i. If ~here are.conditions you..wish to impose
on lot line removals, (.paymeqt. of fees upon. development, provision
of roa’ds prior to construction of new buildings, limit on.maximum
lot size, or even limi~ ~ on all iQt .~ine removals in some
districts), the city.has the power to do so. However, these’rules
mustbe made part.of the city’s.zoning and building codes, ’not the
subdivision ordinance.
SeniOr Asst. C±ty
Approved:
i
-~y Attorn.ey
Lisa Grote, Chief.Planning Official
~.$ames Harrington, Senior Engineer
Ray Hashimot.o,¯ Zoning Admini’strator
George White, PlanningManager
0003~9 0090454
2
Attachment D
November 12, 1992
HONORABLE CITY COUNCIL
Palo Alto, California.
Amendment to Subdivision Ordinance to Improve Lot Line Removal ~rocess
Members of the Council:
Report in Brief
The project is a proposed subdivision ordinance text amendment to C~apters 21.08
and 21.44 of the Palo Alto Munici.pal Code (PAMC). The purpose is to streamline
the process of removing the lot lines between four or fewer parcels in all zone
districts, with some limitation on total square footage involved. Pursuant to
the proposed amendment, lot line removals would be accomplished through the
approval, of a certificate of compliance without requiring a map. The two
attached Planning Commission staff reports further describe the proposed
amendment.
Planninq Commission Action
On September 30, 1992,,the Planning Commission reviewed this item and directed
staff to .research the potential of linking the streamlined certificate of
compliance process to specific development applications. The Commission also
wanted staff to explore amendments to the ordinance that affect the relative
timing of the applications. Their concern related to the absence of public
review at the lot line removal stage of a redevelopment project.
On October 28, 1992,this item returned to the Planning Commission with a staff
report~ stating that a mandatory l.inkage between the proposed certificate of
compliance process and specific development projects would be prohibited by the
State Subdivision Map Act. While a city has the ability to condition how a
property may be develqped, it. cannot condition a lot line removal or lot line
adjustment so as to mandate that development occur. Staff also explained that,
typically, development applications precede merger applications, allowing for
adequate public, environmental and design review. Additionally, through the
proposed lot line removal process, the city maintains the ability to condition
projectsto comply with the provisions of Titles 16 (Building Regulations) and
18 (Zoning) or to-facilitate the relocation of existing utilities, infrastructure
or easements.
CMR:515:92
The Planning Commission unanimously voted to recommend approval of the attached
ordinance amending Title 21 which would streamline the process of lot line
removals between four or fewer parcels in all zone districts.
Recommendation
The Planning Commission recommends that the City Council adopt the categorical
exemption and the proposed ordinance amending Title 21.
Respectful ly submitted,
NANCY MADDOX LYTLEChief Planning Official
KENNETH R. SCHREIBER
Director of Planning and
Commun i ty Environment
FLEMING
Interim City Manager
Attachments: Planning Commission staff reports dated October 23 and
September 25, 1992 ~
Excerpt,Planning Commission Minutes of 10/28/92
Mr. and Ms. Malmgren,--2632 Knox Cove Drive, McKinleyville, CA 95521
Karo Company, c/o Park Ave. Motors, 3290 Park Boulevard, Palo Alto CA
94306
Madilyn Wood Hutchens and Marilyn Wood Roosevelt, 3610 Wrightwood Drive,
N. Hollywood, CA 91604
Mark Wilson, 3400 El Camino Real, Palo Alto, CA 94306
CMR:515:92
p:\cmr\cofc.cmr
11/12/92
Page 2
P.O, BOX 10250
PALO ALTO, CA 94303
October 23, 1992
PLANNING COMMISSION.
Palo Alto, California
Amendment to Subdivision Ordinance to Improve Process for Lot Line Removal
Members of the Commissibn:
Report in B’rief
The project is a proposed Subdivision ordinance text amendment to Chapters
21.08 and 21.44 of the Palo Alto Municipal Code (PAMC). The purpose is to
streamline the process of removing the lot lines between four or fewer parcels.
in all zone districts, with some limitation on total square footage involved.
With the proposed amendment, lot line removals would be accomplished through
the approval of a certificate of compliance only.
On September 30, 1992, the Planning Commission continued this item to allow
staff to review thepossibility of tying the approval of certificates of
compliance to developmeht applications. The Commission also wanted staff to
explore amendments to the ordinance that affect the relative timing of the
applications. Because the Subdivision Map Act prohibits mandatory linkage of
subdivisions with development projects, staff is not recommending changes to
the proposed ordinance.
Relationship Between Subdivision and Development Processes
Staff has researched the potential of linking the certificate of compliance
process with specific development applications.’ The subdivision process is
distinct and separate from the development process in.that the owner of
adjacent parcels has the right to merge those parcels without application for
development of the.resulting property. The Subdivision Map Act prohibits the
mandatory linkage of parcel mergers with specific development proposals.
The timing of typical ’merger applications affords adequate public review of
resulting development projects. In most cases, developers submit development
applications prior to an application for parcel merger. They want to ".phase"
the applications in order to secure approval of a development project prior to
merging parcels. This allows developers to maintain development flexibility
should the original design proposal be denied. In most cases, approval of a
certificate of compliance to merge parcels beco.mes a condition of the
development approval that must be satisfied before issuance of a building
permit.
The only case where parcel merger is established without prior appr.oval of a
development project is where the owner is anticipating a future development
application. This is rare for reasons described above and because of the
10/23192
P:\jc\cofc Page i
uncertain nature of th~ development process. Howeverl in this case, parcel
merger through a certificate of compliance is still subject to compliance with
all provisions of Titles 16 and 1B PAMC, the Palo Alto Subdivision Ordinance,
and the Subdivision Map Act as is the case with the current process. Any
subsequent development of commercial or multiple-family projects will be
subject to conditional use permit and/or Architectural Review Board approval,
at minimum, which include public review.
Recommendation
Staff recommends that ~e Planning Commission recommend that the City Council
adopt the categorical exemption and the proposed ordinance amending Title 21.
Respectfully submitted,
NANCY "MADDOX LYTLE
Chief Planning.Official
Attachments:Plann’i’ng Commission staff report dated September 25, 1992
CO:Mr. and Ms. Malmgren, 2632 Knox Cove Drive, McKinleyville, CA 95521
Karo Company, c/oPark Ave. Motors, 3290 Park Boulevard, Palo Alto CA
94306
Madilyn Wood Hutchens and Marilyn Wood Roosevelt, 3610 Wrightwood DrivE,
N. Hollywood, CA 91604
P:\jc\cofc
10/23/92
Page 2
P.O, BOX 10250
PALO ALTO, CA 94303
September 25, 1992
PLANNING COMMISSION
Palo Alto, California
A~endment to Subdi..vision Ordinan~e_.to .Improve Process for. Lot Line Removal
Members of the Commission:
~.eport in Brief
The project is a proposed subdivision ordinance te~t amendment to Chapters
21.08 and 21o44 of the Palo Alto Municipal Code (PAMC). The purpose is to
streamline the. process of removing the lot lines between four or fewer parcels
in all zone districts, with some limitation on total square footage involved.
Pursuant to the proposed amendment, lot line removals would be accomplished
through the approval of a certificate.of compliance only.
Backqround
These amendments are proposed at staff initiation resulting from our customer
service efforts and in response to recent Council direction to streamline the.
process of removing underlying lot lines and merging contiguous parcels for
redevelopment. As a result of recommendations included in a study prepared by
Gruen Gruen + Associates, the City Council directed staff to examine methods
of facilitating lot line removal.
With respect to parcels located along El Camino Real, the GruenReport
recommended that the City "make anattempt to agglomerate uses by altering
their physical positioning or by acquiring additional properties so that
traffic can pull in and park directly in front of commercial facilities
offering convenience goods or services." The need to provide these support
services in conjunction with both commercial and multiple-family projects is
of equal importance throughout the City, as many property owners attempt to
redevelop and upgrade existing facilities. The way in which the City may
facilitate such a combining of parceIF is to minimize the time and cost
associated with the lot line removal or merger process.
Curren~Lot..........Line Removal Process fo~ Four or Fewer Parcels
Currently, approval of a preliminary parcel map is .required prior to the
processing of a certificate of compliance for lot line removals between four
o~ fewer parcels in all zone districts other than R-I and R-2. The
preliminary parcel map procedure includes a public hearing held by the Zoning
Administrator.and action by the Director of Planning and Community
Environment. The Director’s decision is final after a 15-day appeal period.
If an appeal is filed during that period, the map i.s forwarded to the Planning
9-25-92
Page.1
Commission for recommendationand to the City Council for final action. On
average, an application for hreliminary parcel map, not including an appeal,
takes three months to process. Depending upon the conditions of approval, a
certificate of compliance takes an additional one to three months to review,
approve and record. Lot line removal between four or fewer parcels in the
and Ro2 zones is accomplished strictly through the certificate of compliance
process, which is not subject to public hearing or appeal.
_Rem.oval.. of. Underly, inq ..Lot. Lines.
The most’prevalent reason for a lot line removal application is in response to
the City’s requirement to remove underlying lot lines ~prior to issuanceof a
building permit for any site improvements. In 1987, the City Council adopted
an amendment to the PAMC that expedited lot line removals between four or
fewer parcels in the R-I and R-2 zone districts. The purpose of the amendment
was to identify underlying lot lines early in the building permit process and
have them removed in a manner that would not cause the homeowner undue delay
or added cost. ~
For the past five years, the certificate of compliance process has aided
homeowners in removing underlying lot lines without the delay of an additional
public hearing associated with the subdivision map process. Staff believes
that the same process would achieve the goal of expediting the lot line
removal process for commercial and multiple-family parcels.
It is in the public interest for underlying lot lines to be removed in a
relatively simple procedure, prior to allowing site improvements. The current
procedure is excessively cumbersome and the subject matter of an application
for in-fill development in a built-out community is entirely noncontroversial.
.~erqer of Parcels for New Development.
The second reason for lot’ line removal relates more directly to the Gruen
Study recommendation that parcel merger is required to support economically
viable developments and required support facilities such as parking, setbacks
and other site development regulations. As portions of the City redevelop,
many of the projects will include merger of smaller parcels into more workable
building sites. Again, it is in the City’s interest to process lot line
removals in a timely manner as to not delay such redevelopment.
Recent~,,,Lot Line Removal,,,Applications
The following are examples of recent lot line removals for commercial
properties with underlying lot lines. The owners of these properties were
informed of the need to remove the underlying lot lines beneath the existing
structures at the-time of building permit or Architectural Review Board (ARB)
application. These prbjects required additional discretionary approvals such
as conditional use permit and ARB review which require notice, public hearing,
and environmental assessment. Each has completed the preliminary parcel map
9-25-92
Page 2
process and will finish the merger process by the city’s recording of a
certificate of compliance with the County Recorder’s Office.
2000 El Camino Real:
This was an application to merge four lots zoned CN which were previously
.developed as a restaurant (formerly Mountain Mike’s Pizza). Prior to
receiving approval of a building permit for minor exterior modifications and a
conditional usepermit for reuse as a deli, the owner ofthese parcels was
required to remove the underlying lot lines. The exterior modifications
included minor alterations to the roof and addition of new signage. The
preliminary parcel map process, including preparation of submittal
requirements, added four monthsto this project.
3290 Park Boulevard:
This wasan application to mergetwo parcels zoned CS at a currently operating
car dealership (Park Avenue. Motors). Prior to receiving approval of a
conditional use permit for a 200-square-foot addition, the owner was required
to remove the underlying lot lines. The preliminary parcel map process added
three months to this project.
2515 El Camino Real:’
This is an application to merge four parcels zoned CS at a new restaurant
(Olive Garden). This application included major interior and exterior
remodeling and alteration of the parking lot. The owner was ~equired to
remove the underlying lot lines prior to receiving Architectural Review Board
approval ~nd a building permit. The preliminary.parcel map process has added
three months to this project.
Recommended Ordinance Revisions
Staff recommends that amendments to .the subdivision ordinance be made under
the attached proposed ordinance, to allow lot line removal between four or
fewer parcels in all zones, with some limitations on total size, to be
accomplished through a Certificate of compliance as is currently done for the
R-1 and R-2 zones. This amendment is’proposed to streamline the approval
.process for parcel merger by eliminating the preliminary parcel map
requirement which includes a mandatory public hearing by the Zoning
Administrator. The attached ordinance includes the proposed text amendment .to
Section 21.08.070 and various other amendments required to. administer the
proposed lot line removal process.
The amendment will reduce the processing time for parcel mergers while
maintaining the City’s ability to assess the effects of individual projects
and retain the ability to condition them to comply with Titles 16 and 18 or to
facilitate the relocation of existing utilities, infrastructure or easements.
Elimination of the preliminary parcel map requirement will reduce the
processing time of a lot line removal by approximately 70 days. However, the
9-25-92
Page.3
shorter processing period will not eliminate the City’s discretion over each
development. At minimum, an Architectural Review Board process, which
includes apublic hearing, is required f~i any new development, remodel or
addition in commercial or multiple-family zones.
Certificates of compliance are processed by the Public Works Department, at a
cost of $250. The process includes a period in which the’appropriate City
departments have the ability to review and comment on the certificate
applications. Those comments, when applicable, become conditions of approval
that must be satisfied prior to, or assured with the posting of a bond after,
the recordation of the certificate of complianceL T~e proposed subdivision
ordinance amendment will not adversely affect the City’s ability to review lot
line removal applications.for consistency with City regulations and.to
condition them for compliance as allowed under the ordinance.
Staff recommends that the proposed lot line removal process be limited to
situations where the total acreage involved does not exceed five acres, unless
located in the R-I, R~2, RE or OS zone districts. The five-acre limit is
consistent with the definition of a minor subdivision for the purpose of
processing a preliminary parcel map. It is staff’s opinion that five-acre
limit will be rarely exceeded. However, because of the potential size of a
commercial or multiple-family project developed on a site in excess of five
acres, the Planning Commission and City Council should take final action on
such a lot line removal application under a map. No size limit is suggested
for the R-I, R-2, RE or OS zones due to the minimum lot size requirements and
limited development potential of these zones.
Effect of Proposed.Amendment on Build~nq.Po~.~ntial
Because the floor areaand site coverage limitations forcommercially zoned
properties are straight percentages of lot area, the merger of commercial
parcels will not increase the development potential of a given area. There
will be no net gain of commercial square footage through parcel merger. In
fact, because some commercial zones include maximum square footage for
particular uses on a parcel, merging parcels may reduce the ability to
construct square footage for a particular use on a merged parcel. An
examination of this constraint is also a,Council assignment to be pursued.
However, the proposed amendment only expedites the.merger of parcels. It does
not affect the way-in which site development regulations apply to resulting
parcels.
Parcel. merger for property located in multiple-family zones is usually
accomplished through a tentative map.which merges parcels and resubdivides the
land (or airspace) in one action. There are occasions, however, when a
certificate of compliance can expedite the merger of multiple-family
properties for additions and remodels. Because the allowable housing density
is based on a progressive scale, the merging of parcels may increase the.
number of units for a particular project. An increase in the number of
housing units, within allowable density regulations, is consistent~ith the
policies of the Palo Alto Comprehensive Plan. Any development resulting from
9-25-92
Page 4
the merger of multiple-family parcels will continue to be subject to
architectural review and existing site development regulations which govern
the design and Iocationof site improvements.
California Environmental~. Quality Act
The adoption of the attached ordinance is exempt from the California
Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA
Guidelines.
Recommendation
Staff recommends that the Planning Commission recommend that the City. Council
adopt the categorical exemption and the proposed ordinance amending Title 21.
Respectful ly submitted,
COLONNA
Planner
Attachment: Draft Ordinance
Mr. and Ms. Malmg~en, 2632 Knox Cove Drive, McKinleyville, CA 95521
Karo Company, c/o Park Ave. Motors, 3290 Park Boulevard, Palo Alto CA
94306
Madilyn Wood Hutchens and Marilyn Wood Roosevelt, 3610 Wrightwood Drive,
N. Hollywood, CA 91604
p :\pc~r\lot{ine.=o 9-25-92
Page 5
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PAL0 ALTO
AMENDING TITLE 21 OF THE PALO ALTO MUNICIPAL CODE
[SUBDIVISIONS] TO PERMIT LOT LINE REMOVALS TO BE
ACCOMPLISHED FOR MINOR SUBDIVISIONS IN ALL ZONES
THROUGH ISSUANCE’ OF CERTIFICATES OF COMPLIANCE
The Council’of the City of Palo Alto does hereby ORDAIN as
follows:
SECTION !. Section 21.08,030 of Chapter 2!.08 [Maps
Required] of the Pa!o Alto Mttuicipal Code is hereby amended to read
as follows:
21.08o030 Preliminary parcel map and parcel map.
. A prel~mznary parcel map and a parcel map shall
be required for any minor subdivision other than those
referred
~,~!~!.B.,::.....i~i~:~.,:~:~:~:-...,.~:~:::.~..~:~i~!~i~:Si~{i~ and other than ~os e
expressly exempte~ ~rom such requirements by the
Subdivision Map Act,. unless it is determined by the
director of plannin~ and community environment that
public policy necessitates such maps. A parcel map
shall not be required for any subdivision for which
the requirement of a~parcel map has .been wa.,i,.ved
pursu...a,..nt ,.. to section~ . 21.08
SE.CTION. 2. S~ction 21.08.050 of Chapter 21.O8 o9 the Palo
Alto Municipa! Code is hereby amended to read as follows:
21.08.050 Lot llne adjustments.
~. ~i No tentative map, preliminary parcel map,
final map or parcel map shall be~equired for ~n~.~
line adjustment between two or mo~e existing~~
parcels where the land taken from one parcel
to an adjacent parcel and where a greater number of
parcels than currently existing is not
created. Any.such lot line adjustment shall conzorm
to the requirements of the Subdivision Map Act, Title
21 (subdivision ordinance) Title 16 (building
ordinance, including prior architectura! review-board
approvals) and Title 18 (zoning ordinance, including
prior approvals pursuant to Chapters 18.82 and 18.68).
The city engineer shall issue and cause to be recorded,~’:~’::’:x:-:~:~::~:::{:.:×::::.i::~!:i:~’::%.’-’::~::~::~""~ ~":::::~::~ ".’:!a c e r t i f i c a t e o f ~ i z an c e ~m ~~N~D
l~ii~:~’~ii:’~ii~!~~ii~:~’~i~i! Any application for a lot line adjustment
whlcH xs not .~£ .c...o...n..f£rmance wlth ~!i~>~i@~ the ~
requ rements, ~i!!~i~ii~i~~ shall ~e processed as amanor o ma3or s~vzszon pursuant to thzs tztle.
SECTION 3. Section 21.08.060 of Chapter 21.08 the Palo
Alto Municipal Code is hereby amended to read as follows:
21.08.060 Lot llne removal.
A lot ~line removal shall constitute a minor
subdivision or a nm"~or subdivisi~ ~ ~^-~=~
a pre .imznary parce ~ or a~’. ..:~::." "::." ".’:x~’~:-:~:~~’ ,~map a ~ .c.l map or a f~nal map
if the lot 1 ne removal ~s for a m~nor s~!5~vlslon
~9~""~gation of the time for appeal pursuant t°
Chapter 21.36 and compliance wit~ all the conditions
of approval,.the city engineer shall issue and cause
to be recorded a certificate of compliance for the
inv~v~ ]m~ ...... ~ ~-~:~:~~ ~n lieuof requiring
completion of all conditicn{~:~of~::approval, ~he city
engineer may issue a conditional certificate of
compliance requiring performance of the conditions
prior to the issuance of any permits for the
development of any of the lots or at such earlier time
as be deemed necessa
SECTION 4. Section 21.08.070 of Chapter 21.08 ef the Palo
Alto Municipal Code is hereby amended to read as follows:
21.08.070 Lot line ~emoval between four or fewer
£~!iii~iii~i~i No tentative map, prel~naryparcelmap,
fin~~"~’~-br parcel map shal! be required for any !ot
R-I
$ECTION~5. Section 21.08.080 of Chapter 21.08of the Palo
Alto Municipal Code’ is hereby amended to read as follows:
21.08.080 Waiver of parcel map requirement~
. . Upon written retest ~f the~ s~divider, the
dlrector of planning ~!~~i~!~~~~ maywaive the
title if. the director ~=~ ~ ........~ finds that theproposed subdivision complies wit~all requirements of
the Subdivision Map Act, this title and all other
provisions, of the PaloAlto Municipal Code, including,
but not’limited to, area, width, depth, and frontage
requirements, improvements and design, floodwater
drainage control, appropriate improved roads, sanitary
disposal facilities, water supply avail_ability,aDd.environmental protection; that no -improvements or
dedications are required in connection with the
subdivision; and that the boundaries ofthe lot or
lots are adequately monumented.
A.request for approval of a waiver ~i the
requirement for a parcel map constitutes a request for
a certificate of compliance. When approval has been
given for waiver, of the parcel.ma~ requirement, any
required tentative map or prelmmi~’ry parcel map has
been finally approved, and el! conditions of such
approva! have been met, the city engineer shall issue
and cause to be recorded a certificate of complfance.
A conditional certificate of compllance may be issued
and recorded if necessary to insure compliance with
the conditions of approval.
Any waiver of the requirement of a parcel map
shall not constitute a waiver of the requirement for
any tentative map or preliminary parcel map which is
otherwise required, and such tentative map or
preliminary parcel map shall be submitted and
processed in accordance with the provisions of. the
Subdivision Map Act and this title and shall be
subject to such conditions which~ would otherwise
apply.
SECTION 6,.Section 21o44’.010 of Chapter 21.44
[Certificates of Oempliance] of the Palo Alto Municipal Code is
hereby amended to read as follows:
a$.44.0~0~ Certificate of ~ompl!~nee defi~ed.
A certificate of .compliance is a document
issued by the city engineer for recordation stating,
with or without conditions, that a certain lot or lots¯
described therein complies with the provisions of this
title and the Subdivision Map Act and is a lawfully
existing lot or lots. A certificate of compliance may
be issued for the following purposes:~
be issued in lieu of ~
a
~ A certifi’cate of compliance shall be
issued upon request of a property owner for property
which has been divided in compliance with any existing
provisions of law regulating such divisions or at a
time when no such regulations were applicable, and
which presently constitutes ~ lawfully existing lot or
lotsT~! for the purpose ~ establishins recerded
evidence that the lot or lots are lawfully existing;
except that no certificate of compliance shall be
issued for any lots merged pursuant to section
21.04.040.
~]’~i A certificate of compliance maybe
issued subj~~:[’’to the provisions set forth in t~is
chapter for a !ot not created in compliance with any
existing provisions of law regulating such divisions,
in order to’establish such a lot as lawfully existing.
SECTION 7o ,The Council hereby finds t~at the provisions
enacted pursuant to this ordinance are exempt from the California
Environmental QualityAct ("CEQA") under Section 15061(b) (3) of the
CEQA Guidelines.
SECTION 8,. This ordinance shall be effective on the
commencement of the thirty-first day after the date of its
adoption.
INTRODUCED :
PASSED:
AYES:
NOES:
ABSENT :
ABSTENTIONS :
ATTEST:A]PPROVED :
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Planning and
Community Environment
Director of Public Works
AGENDA ITEM 4 SUBDIVISION ORDINANCE AMENDMENT: Subdivision ordinance
text amendments to Chapters 21.08 and 21.44 of the Palo
Alto Municipal Code to streamlinethe process of merging
four or fewer parcels in all zone districts by approval
of a certificate of compliance only, where currently
approval of a preliminary parcel map is also required for
zone districts other than R-I and R-2. Environmental
Assessment: Exempt from the provisions of the California
Environmental Quality Act. File Nos. 92-ZC-2, 92-EIA-3.
(Commissioners Carrasco and Marsh return to the meeting.)
Chairman Beecham: Does staff have any comments on this item?
Mr. Colonna: No comments.
Chairman Beecham: Then I will open the public hearing on Item 4.
Herman Mistry~ 4164 El Camino Real, Palo Alto: I am one of the owners of
a property in Palo Al~o. As you know from the Gruen and Gruen study,
they recommended parcel mergers so that you could facilitate development
of sites or lands which are being zoned out in the middle of next year.
My understanding of this particular change in the ordinance is that it
will facilitate this process. Upon talking with the planning department,
they indicated that it will facilitate the lot line removal process,but
not necessarily change the zoning. My question is, in order to really
make this work, I think the zoning and the lot line removal process
should both be addressed, so that potential investors or people wanting
to expand into these areas that are going to be zoned out can invest with
the thought that they.can succeed in developing according to their plan.
The-key question is, is my understanding of what the pl.anning department
told me correct, or are they pretty much going to treat the zoning
separately from the lot lineremoval process?
Ms. Lytle: This issues only deals with a simplification of our lot
merger process. It does not deal with any rezoning actions.
Chairman Beecham: So any zoning will be an entirely separate issue?
Ms.-Lytle: Yes, it would be handled as a separate issue.
Mr. Mistry: Thank you.
Chairman Beecham: Seeing no other speakers, I will close the public.
portion of the hearing and bring it back to the commission. Any
comments?
Commissioner Cullen: We went through this in some detail not too long
ago. I feel that staff has come back with answers to our questions that
are sufficient for me, at least.
MOTION: I therefore move approval that we recommend to the city council
that they adopt the categorical exemption for the lot line removal
process for fewer parcels, as well as the proposed ordinance amending
Title 21.
10/28/92
-1-
sEcOND:By Commissioner Carrasco.
~hairman Beecham: Is there any further discussion on this motion?
Commissioner Schmidt: I have a question for staff. The certificate of
compliance process still involves what? You have eliminated the public
hearing process. What is involved in the certificate of compliance
application?
Ms Lvtle: There is no public hearing involved in a certificate of
compliance. All of the hearings .for the projects where these mergers
would follow, or in the rare instance that a merger came in ahead of time
and a project would follow, the.public hearings would be through the
architectural review board process or through the site and design process
or a zone change, Planned Community or otherwise, just the normal
official processes that generally occur.
Commissioner Schmidt: The certificate of compliance process that we
would end up with here still involves, as I recall, a survey that is
required and c~rt~in other formalities that must be adhered to.
Ms Lvtle: Yes, and the ability to condition. That is correct. It does
require the record of survey; it requires a recordation of that; removal
of the lot line; and we have the ability, through administrative review,
to put certain conditions on the property that are necessary, such as
dedications or any other type of development conditions that we would
normally need in accomplishing that.
Commissioner Schmidt: I want to emphasize that it does not eliminate all
review of a site. It simplifies it, but there is still the formality of
technical information about the survey of the property,.etc.
Ms..Ly%le: Absolutely.
MOTION PASSES: Chairman Beecham: Is there any further discussion on
this motion? All those in favor of the motion that we recommend that the
city council adopt the categorical exemption and the proposed ordinance
amending Title 21, please say Aye? All opposed? That passes on a vote
of 7-0.
Ms. Lytle: This is scheduled for the city council on November 16, 1992.
10/28/92