SUBDIVISIONS

Overview

A subdivision is the division of land for the purpose of sale, lease, or finance and is governed by state law and implemented by the City’s Subdivision Ordinance. The process of subdividing land applies to all subdividers regardless of the number of parcels and whether or not the land is improved.

The State Subdivision Map Act grants authority to the Local Agency (City of Eureka) to review the design and improvement of subdivisions within it’s boundaries. The purpose of this review is to ensure that the subdivision will not cause problems for:

1.      the neighborhood;

2.      City facilities; (such as roads, sewer or water systems, schools and parks); or,

3.      Public services (such as police and fire protection).

The subdivision must also not cause serious public health, safety or welfare problems, or have an adverse impact on the environment.

How to Apply

Application materials are available at the Community Development Department, Third floor, City Hall. The department staff can assist you with the materials needed for a complete application packet. Once you have put together a complete application packet, return the materials to the department for processing.

Step 1: Application Acceptance/Department Review

Once your application has been accepted and fees collected, the department staff will perform a preliminary review of the application to determine if the application is complete. The Review will focus on the request in order to accurately describe your project in the public notice and to the decision maker.  Should your application be found incomplete, you will receive a notice indicating what items must be submitted before processing can continue.

Step 2: Development Coordination Committee

The City of Eureka may submit any or all subdivision proposals to the City’s Development Coordination Committee for review and input.  Development Coordination is an opportunity for you, the applicant, city departments, and public service agencies to all be involved, on an informal basis in the review process. The Committee, which meets weekly, will determine compliance with individual department or agency requirements and develop draft conditions of approval to be applied to your subdivision.

Step 3: Staff Review and Reporting

Once the Development Coordination Committee has concluded their review of your subdivision, staff will conduct an environmental review as required by state law.  In addition, staff will prepare a written report to the decision maker that discusses the legal findings and presents staffs recommendation.  These findings will determine if the design and improvement of your subdivision comply with:

1.      the City’s General Plan or Local Coastal Plan;

2.      the City’s Zoning provisions; and

3.      the City’s subdivision regulations.

A copy of staff’s report including any recommended conditions of approval, will be sent to you for your review and comment.

Step 4: Public Notice and Hearing/Action

Subdivisions are acted upon either administratively by the Director of Community Development (four or fewer parcels only) or by the Planning Commission. Either a Notice of Action (administration subdivisions only) or Notice of Public Hearing before the planning Commission will be mailed to you and property owners within the vicinity of your subdivision. These notices will describe your project and indicate the opportunity for public comment on your subdivision.

The Director of Community Development (four or fewer parcels only) or the Planning Commission has the power to approve, approve with conditions or deny most subdivisions.  The decision maker will take into account all comments from you, city staff and the public before making their decision.

Note that all subdivisions of five or more parcels must be reported to the City Council.  The City Council has the option to hold a public hearing on their own, but a hearing is not always required.

Step 5: Appeals

The applicant or any interested person adversely affected by the subdivision may request a hearing before the Planning Commission on any administratively approved subdivision. The request for hearing must be in writing and shall be filed with the Community Development Department within 15 calendar days of the decision. Planning Commission decisions may be appealed to the City Council by the applicant or any interested person adversely affected by the subdivision, provided that the appeal is filed with the City Clerk within 10 calendar days of the decision. Appeals must be submitted in writing o n forms provided by the City Clerk and be accompanied with the required fees (check with the Community development Department or City Clerk for information regarding fees or the appeal process).

Step 6: Council Reporting

All Planning Commission decisions on subdivisions of five or more parcels are required to be reported to the City Council. The report is made once the 15-day appeal period has run.  The Council can choose to set the matter for a public hearing at their discretion.

Expiration of Subdivision Approval

Once your subdivision request is effective, you have two years to complete or secure your subdivision improvement requirements and conditions. A survey and Parcel or Final Map will need to be filed with the City for recording prior to the development or sale of the created parcels. A professional land surveyor or engineer will need to help you with this survey and mapping requirement.

If the conditions of approval cannot be satisfied within the initial two-year period, you may apply to the Community Development Department for an extension. The expiration date may be extended up to three times, for one year each. Please note that applications for extensions must be submitted before the expiration date and may be granted only when the circumstances and conditions of the original approval have not changed.

How to Get Help

If you are having difficulties preparing your application, call or visit the Community Development Department and discuss your project with the department staff. If you are still confused over the application procedure, you may wish to hire a consultant; such as an engineer, land surveyor, or professional planner. A listing of qualified professionals is available in the yellow pages of the phone directory.