Article 3 Subdivision Approval Process

Different Types of Review Process

All subdivision applications are classified into one of two general categories, as either Minor or Major Subdivisions. In addition, there are two types each of Minor and Major Subdivisions. Minor Subdivisions are either eligible or ineligible for Administrative Approval. Major Subdivisions can be divided into those that create or do not create a new street. Here are the four types of subdivision. The steps for the review of a subdivision application vary by application type.

 

•     Minor Subdivision, Administrative Approval

•     Minor Subdivision, Commission Approval

•     Major Subdivision, No New Streets or public improvement/infrastructure

•     Major Subdivision, New Street or public improvement/infrastructure

Subdivision Review Steps

Pre-Application Meeting (All Types)

Anyone who is interested in applying for a subdivision can meet with the City Planning Commission staff to review the subdivision proposal. The CPC staff can explain the subdivision regulations, the approval process, and the applicable Comprehensive Zoning Ordinance requirements. This early review and input by the CPC staff could save the applicant from delays in the process and plan revisions.

Project Neighborhood Participation Program (Major Subdivision Only)

All applications for major subdivisions (creation of more than 5 lots) shall include a Project Neighborhood Participation Program (Project NPP). A Project NPP is not required for any minor subdivision (creation of 5 lots or less). Until all required NPP documents are submitted to CPC staff, including the meeting notice letter, sign-in sheets, and NPP meeting summary, the request will not be deemed complete for the purpose of a completeness review as provided in Section 3.2.4.

1. Applicants shall first meet with the staff of the City Planning Commission to obtain guidance on the requirements of the Project NPP.
2. The Project NPP shall include the following information:
   • A brief description of the proposal which includes the number of lots being created.
   • An outlined area map and a contact list for notifying the individuals and entities identified in Section 3.3 of the Comprehensive Zoning Ordinance.
   • A general description of how parties on the contact list will receive information on the project, including a statement as to which public notification techniques will be used for the project.
   • A general description of how parties on the contact list will be informed of any changes or amendments to the proposed project after the applicant’s initial contact.
   • A statement as to how those impacted by the proposal will be provided an opportunity to discuss the request if issues or questions should continue or suddenly arise.
3. ​The applicant shall provide the typed Project NPP and notice, including email notification to applicable registered neighborhood associations, of an opportunity for interested parties to attend a meeting to discuss the proposed application not less than fourteen (14) nor more than thirty (30) days after the date on which the applicant provides notification to the parties on the contact list.  In addition, the applicant shall notify the City Planning Commission of the meeting date, time, and location not less than fourteen (14) days prior to the meeting.  The applicant shall hold the meeting at the noticed time.  The applicant shall distribute informational handouts to meeting attendees.  The handouts shall include information about registering with City notification system(s), accessing application documents and NPP meeting summary reports.  For the purposes of this section, meetings may be held in a physical location that is in accordance with the City Planning Commission's Administrative Rules, Policies and Procedures.  The notice provided in accordance with this section shall include a brief description of the request which includes the number of lots being created.
   • The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 
   • A list of the concerns, issues, and problems expressed by the participants.
   • A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant shall state the reasons.
   • Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.
   • The date, time, and location of all meetings held with interested parties or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.
   • A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.
4. The applicant shall submit a Project NPP report with the application. The report shall provide the following information:
   • The names of the individuals and entities that were notified and the total number of number of people that participated in the process. 
   • A list of the concerns, issues, and problems expressed by the participants.
   • A statement as to how each concern, issue, and problem is addressed and how the applicant intends to continue to address them. If the concern, issue, or problem is not being addressed, the applicant shall state the reasons.
   • Copies of letters, affidavits, meeting invitations, newsletters, publications, and petitions received in support of or in opposition to the proposed project, and any other materials pertaining to the notification process.
   • The date, time, and location of all meetings held with interested parties or a statement indicating the reasons if no meeting was held. No information pertaining to any meeting held more than one hundred eighty (180) days prior to the submittal of the application shall be accepted as part of the Project NPP report, except where subsequent meetings with interested parties have occurred within the one hundred eighty (180) days preceding the submittal of the Project NPP report.
   • A completed sign-in sheet that includes the names, addresses, and contact information for meeting attendees.

Application Submittal (All Types)

To initiate a subdivision application, the applicant shall submit the following items to the City Planning Commission staff:

1. Application Form. The applicant shall submit a completed application form that is signed by all of the property owner(s) listed on the title of the existing lot(s) of record and/or the authorized representative of the property owner(s). The application form must be notarized. Signing the application form shall serve as an attestation that the property owner(s) have consent of any mortgage holder or any lien holder interest in the property (if applicable). The owner must attest to the fact that they are the legal owner of the property in question to be resubdivided as described above and agree to indemnify and hold harmless the City of New Orleans, its official, directors, employees and agents, from any claim whatsoever resulting from title or ownership deficiencies in any part of said property.

2. Proof of Standing to Submit the Application. If the property is owned by a corporation, organization, partnership, or similar entity, the applicant shall submit the Articles of Incorporation, Organization, or Partnership and/or resolution indicating who is authorized to sign on behalf of the property owner. The document giving signatory authority must be notarized and completed within 6 months of the subdivision application submission.

3. Subdivision Survey. The applicant shall submit the applicant shall submit copies of the subdivision survey as specified by the Executive Director of a subdivision survey plan that has been prepared specifically for the purpose of subdivision by a land surveyor registered in the State of Louisiana bearing his/her official stamp. The plan shall be to scale (typically no more than 1 inch equals 100 feet) and contain the information contained in Section 5.1.
4. Fee. The application shall be accompanied by the appropriate fee as specified in Section 1.12 and Chapter 18, Article II, Section 118-43 of the Code of the City of New Orleans.

5. Municipal Address Form. Using the appropriate forms prescribed for this purpose by the Department of Safety and Permits, the applicant shall indicate all municipal addresses to be added, removed, or retained.

6. Additional Items, as required. Depending on the subdivision type and the specific aspects of the subdivision, additional items may be required as determined by the Executive Director of the City Planning Commission. These additional items could include, but are not limited to, the following:

• Deeds, succession documents, or other documentation to establish the current ownership of the subject property(ies),
• For Policy B subdivisions, documentation of existing principal structures or historic sites of previously-existing structures. Acceptable documentation can include historic surveys, Sanborn maps, or other materials as determined to be appropriate by the Executive Director.
• For subdivisions proposing unusual lot configurations, the Executive Director may require the subdivision survey to be supplemented with schematic development plans. The development plans will allow the Commission to assess the intended development of the site, make a tentative determination as to compliance with the applicable zoning regulations, and identify the impact of the proposal on surrounding properties and the street network. The development plan may be required to include the following information:
  • Property lines with width, depth, and area noted
  • Distances of all buildings from property lines
  • Building(s) location, dimension, square footage, area
  • Location and dimensions of all vehicular use areas; curb cuts, interior streets, driveways, bicycle parking, vehicle parking and loading areas
  • Location of pedestrian walkways
  • Fence location, height, materials
  • Impervious and pervious surfaces with area noted
  • Location of refuse storage areas
  • Right-of-way improvements including sidewalks, plantings, curb cuts
  • Identify all existing and proposed conditions
  • Landscape

The Executive Director may modify the development plan content requirements as appropriate given the nature of the subdivision and development proposal.

Completeness Review (All Types)

1. Completeness Determination. Within 10 days of the submittal of the subdivision application, the Executive Director of the City Planning Commission shall review the application to ensure that all required submittals are included in the application and determine whether the application is complete or incomplete.

2. Incomplete Application. If the application is deemed incomplete, the Executive Director shall notify the applicant of the application deficiencies and will not process the application until the deficiencies are remedied.

3. Complete Application. If the application is deemed complete, the Executive Director of the City Planning Commission shall determine the type of subdivision, the review policy, and whether it requires consideration by the City Planning Commission or is eligible for administrative approval.  The determination that an application is eligible for administrative approval of requires City Planning Commission review is subject to subsequent ratification by the City Planning Commission pursuant to Section 3.2.4(e).

4. No Determination within Ten Days. If the Executive Director of the City Planning Commission fails to make a completeness determination within 10 days, it shall be determined to be complete and scheduled for a City Planning Commission meeting, if applicable. If needed, the City Planning Commission and/or the CPC staff can require the applicant to supplement the application with additional information.

5. Ratification. Within 60 days of the submittal of a complete application, the City Planning Commission shall make a decision to ratify or overrule the Executive Director’s determination that an application is or is not eligible for administrative approval.

Agency Review (All Types)

1. Agency Review. Upon determination that an application is complete, the Commission staff shall review the plan and check it against the minimum standards and requirements hereinafter provided. As part of the subdivision process, copies of the plan will be sent to various City/State/Federal agencies for review and written comments.

The purpose of the agency review is to determine if the proposed subdivision request complies with City Code, the building code, the agency’s regulations and any other applicable regulations. In addition, the agency review will identify if the proposed subdivision request requires any additional infrastructure and/or creates the need for any easements or servitudes. The agency review shall be limited to items under the jurisdiction of that agency, and the Executive Director of the City Planning Commission has final jurisdiction to determine if a comment is under the agency’s jurisdiction or relevant to the subdivision request. In providing comment, the agency shall be able to cite the regulation that is the basis for the agency’s approval or opposition.

The reviewing agencies depend on the type and location of the proposed subdivision and can include the following:

• Sewerage and Water Board
• Departments of Public Works
• Safety and Permits, Building Division
• Department of Property Management, Division of Real Estate and Records
• Assessor's Office
• Orleans Parish Communication District (9-1-1)
• Fire Department (if applicable)
• Entergy (if applicable)
• Historic District Landmarks Commission (if applicable)
• Vieux Carré Commission (if applicable)
• Department of Health and Hospitals (if applicable)
• Army Corps of Engineers (if applicable) 
• Department of Natural Resources (if applicable) 
• Lakefront Management Authority (if applicable)

 

2. Review Time. These agencies shall be given a reasonable time to review the plan and to make comments. If no written response is received within 30 days from the date of request, the Executive Director may consider that the agencies have approved the plan as submitted. The approval of the City Planning Commission Executive Director shall not waive the requirements of other agencies.

 

3. Response to Review Comments. The agencies’ review comments shall identify existing nonconformities (e.g. existing encroachments in the public right-of-way) and new issues that result from the proposed subdivision (e.g. locating a property line too close to a structure that does not have the proper fire rating per the building code). The applicant shall address all of these review comments prior to the Final Subdivision Plan Approval.

Administrative Approval (Minor Subdivision, Administrative Approval)

1. Administrative Approval. For Minor Subdivisions that can be approved administratively, the application follows Section 3.2.11 once all applicable agency review comments have been addressed.

2. Commission Approval. For subdivisions that require approval of the City Planning Commission, Section 3.2.7 through 3.2.10 can apply depending on the subdivision type. 

Public Notice (Minor Subdivision requiring Commission Approval & Major Subdivisions)

Public notice of the City Planning Commission meeting shall be given for all Major Subdivisions and minor subdivisions requiring a public hearing and review by the Commission. The public notice shall include the following:

• Three instances of published notice in the official journal of the City of New Orleans.  The notices must be published over a period of two weeks, with the final publication occurring at least five days prior to the public hearing,
• Certified mail notice not less than five days prior to of the public hearing to subdivision contact as listed on the application form, and
• Mailed notice to all property owners, occupants and registered neighborhood organizations of all properties within 300 feet of the property lines of the subject property shall be sent by regular mail at least 15 days before the public hearing.

City Planning Commission Approval (Minor Subdivision requiring Commission Approval & Major Subdivisions)

Subdivisions that do not qualify for administrative approval shall be considered by the City Planning Commission. In accordance with Louisiana Revised Statues, the City Planning Commission shall approve or deny the proposed subdivision within 60 days of the submission date. An action by the City Planning Commission that fails to obtain a legal majority vote shall be considered to be a denial.

If the City Planning Commission fails to act within 60 days, the subdivision plat shall be deemed to have been approved. The subdivision applicant may waive this requirement and request an extension of the 60 day approval period.

For proposals that are consistent with the guidelines in the Subdivision Regulations, the Commission may grant Preliminary Subdivision Plan Approval to the subdivision request, stating the conditions to be met prior to Final Subdivision Plan Approval of the proposal. If the Commission disapproves the proposed subdivision, it shall state the grounds of disapproval. The applicant may file an appeal in the manner prescribed in Section 3.4. of these Regulations.

Preliminary Subdivision Plan Approval (Major Subdivision, New Streets)

Preliminary Subdivision Plan Approval is only required for Major Subdivisions where new streets  or public improvements are being created. All other subdivision types can go directly to Final Subdivision Plan Approval in Section 3.2.11.

The purpose of the Preliminary Subdivision Plan Approval is to document the approved subdivision layout prior to the applicant creating the engineering plans. The Preliminary Plan Approval shall address any provisos approved the City Planning Commission. The Executive Director of the City Planning Commission shall stamp and sign the Preliminary Plan to indicate its approval. The approved Preliminary Plan shall be given to the applicant and any relevant review agency.

Note: Preliminary Subdivision Plan Approval does not constitute final acceptance of the subdivision plan by the City, and this plan shall not be recorded. The applicant is required to receive Final Subdivision Plan Approval from the City Planning Commission prior to recording the survey or selling lots.

Engineering Plan Approval (Major Subdivision, New Streets)

Once the Preliminary Subdivision Plan has been approved by the City Planning Commission, the applicant can prepare engineering plans for the required infrastructure associated with the subdivision, including but not limited to streets, sidewalks, water, sewer, drainage, stormwater management, etc. These plans shall be prepared to the specifications of the relevant regulating agencies. These plans shall be approved by the Department of Public Works, the Sewerage and Water Board, the Department of Safety and Permits (if stormwater management is required), and any other applicable agency that has jurisdiction over the required infrastructure improvements. Once the plans have been approved by the applicable agencies, the plans shall be submitted to the City Planning Commission for the signature of the Executive Director. Once approved by the City Planning Commission, the approved engineering plans shall be provided to the applicant and the applicable reviewing agencies.

Final Subdivision Plan Approval (All Types)

For all subdivision types, the following shall be required for the City Planning Commission staff to grant final approval to the subdivision:

1. Agency Approvals. The applicant shall have addressed all agency review comments from Section 3.2.5.

2. Property Tax Payment. The property owner shall pay all delinquent property taxes prior to Final Subdivision Plan Approval. If there are unpaid property taxes, then approval of the Chief Administrative Office and/or the Finance Director shall be required.

3. Proviso Compliance. The applicant shall submit documentation addressing all of the provisos that were part of the City Planning Commission’s approval.

4. Landscape Plan Approval. If required as part of the subdivision, the applicant shall have a landscape plan approved by the Department of Parks and Parkways for the installation of parkway trees in the public right-of-way. The trees shall be installed prior to the issuance of the Certificate of Occupancy for the principal structure on the adjacent lot.

In addition to the requirements above, the following items are required for the City Planning Commission staff to grant final approval of Major Subdivisions that will create new streets or public improvements/infrastructure:

5. Completion of Infrastructure Improvements. All infrastructure improvements (streets, sidewalks, water, sewer, drainage, sidewalks, utilities, stormwater management best management practices, etc.) must be completed subject to the approval of the appropriate agency. If the applicant is proposing private streets, then approval of the agencies is required. If the applicant is proposing public streets, then the agencies shall accept the improvements. Alternatively, if the applicant is proposing public streets, then the applicant can provide adequate bonding in lieu of completing the streets prior to the Final Subdivision Plan approval. The applicant shall include the estimated cost(s) for each of the improvements in the bond (letter of credit). That cost estimate shall be approved by the applicable agency, and the Bond/Letter of Credit must be approved by the Departments of Law and Purchasing.

6. Street Dedication and Dedication of Other Improvements or Land. If the applicant desires to dedicate streets or other improvements (playgrounds, parks, recreation parcel, etc.) to the public, such intent shall be indicated in the Letter of Request for approval of the subdivision plan, and all such parcels and uses clearly marked on the Subdivision Survey Plan submitted as part of the application. If such a dedication is approved by the Commission and shown on the Preliminary Subdivision Plan Approval, a dedication plan and a draft of the ordinance authorizing dedication shall be submitted to the Division of Real Estate and Records and the Commission for review and approval. If the submitted plan and ordinance are in accordance with the approved plans and specifications, the draft of the Ordinance shall be submitted to the City Council for consideration and adoption. All property offered for dedication shall be free and clear of all liens and encumbrances, and title insurance shall be issued prior to actual acceptance and recordation.

7. Covenants and Agreements. If common space, recreational areas, communal facilities, stormwater management lots, private streets, and/or other improvements within the proposed subdivision are to be privately owned and not offered for dedication to the City, the Applicant shall submit agreements, covenants, or other legal instruments stating the ownership and setting forth the manner and means for permanent care and maintenance of the stated common spaces, etc., for review and approval of the Law Department and City Planning Commission. The responsible party for the care and maintenance should be a Homeowner’s Association (HOA) or a similar entity that has a long-term interest in the subdivision. If approved, the documents shall be recorded at the Land Records Division of the Clerk of Civil District Court. Reference to recorded covenants or any agreements shall be indicated on the Final Subdivision Plan prior to its recordation.

Sewer and water facilities located within private streets or private servitudes shall not become the property of the Sewerage and Water Board. The Homeowner’s Association or other party responsible for care and maintenance may enter into an agreement with the Sewerage and Water Board for maintenance of the facilities, with the Home Owner’s Association or other responsible party paying the cost of any work. Alternatively, the Homeowner’s Association may hire a private contractor to perform maintenance.

8. Requirements for Infrastructure Improvements. Plans for the improvements required in Section 5.3 shall be prepared by a licensed and registered engineer or surveyor, as applicable. The improvements listed below in Section 5.3 shall be installed prior to the approval of the Final Plan.  All public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed to minimize or eliminate flood damage. 

1. Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, such restrictions or reference to those restrictions shall be indicated on the subdivision plan and Restrictive Covenant specifying the restrictions recorded at the Land Records Division of the Clerk of Civil District Court . It will not be a duty of the City to enforce the self-imposed restrictive covenants.

10. Municipal Numbers and Street Names. Prior to the Final Subdivision Plan approval, municipal numbers not existing shall be assigned by the Department of Safety and Permits, and placed on the Final Subdivision Plan. Names of all new streets shall be done in accordance with the City Planning Commission’s street naming policy, which is found in the New Orleans City Planning Commission: Administrative Rules, Policies, & Procedures.
11. Demolition Permit. When a subdivision is predicated upon demolition of a structure, a demolition permit must be approved by the Department of Safety and Permits, the structures must be removed, and the demolition inspected by the Department of Safety and Permits prior to final approval being granted by the City Planning Commission

Final approval by the City Planning Commission shall be indicated by the Executive Director’s, Deputy's Director, or Planning Administrator's signature on the City Planning Commission’s stamp on the Final Subdivision Plan.

Reconsideration

Except as otherwise precluded by temporal deadlines, a vote or a question may be reconsidered at any time during the same meeting or at the first or second regular or special meeting held thereafter if:

a. Circumstances and conditions have substantially changed since its original consideration, or

b. Inaccurate data was contained in the report on the matter, or

c. Additional relevant information has been presented since its original consideration, or

d. Any other valid reason.

The Planning Commission shall by official action determine whether or not the matter is eligible for reconsideration in accordance with the above. A motion to reconsider shall be made by a Commissioner who voted with the prevailing side.

If the request for reconsideration is not made by the above deadlines, the Applicant may resubmit the subdivision request, starting the process over again, following steps contained in Section 3.2. of these regulations.

Reordation of Approved Final Subdivision Plan (All Types)

The applicant must record the Final Subdivision Plan approval with the Land Records Division of the Clerk of Civil Court within 30 days from the date of issuance of the Declaration of Title Change by the Office of Real Estate and Records. Otherwise, the approval shall be deemed null and void.

 

The applicant must return a copy of the recorded Final Subdivision Plan to the City Planning Commission staff and the Office of Real Estate and Record.

Final Subdivision Plan Reapproval (Recertification)

If an approved (certified) Final Subdivision Plan is not recorded within 30 days, it is eligible for recertification within six (6) months of the date of the original, signed Final Subdivision Plan approval (certification date). After six (6) months, the application is not eligible for recertification and must be considered as a new application.

Expiration Time

a. Administrative Approval Upon notification from staff of the requirements for final approval (i.e. addressing requirements from outside agencies, providing proof of property taxes being paid), the applicant shall have a maximum time of one (1) year to meet the stated requirements. At the written request of the Applicant, the Executive Director of the City Planning Commission may grant an extension for a maximum of one (1) year from the initial deadline. A request for extension made after the original period of validity but within one (1) year of the original period of validity must be considered by the City Planning Commission.  If the stated conditions have not been met within this time limit, the file will be closed. The Applicant may resubmit a request for a subdivision starting the process over again, following steps contained in Sections 3.2. of these regulations.

b. City Planning Commission Approval Tentative approval of a subdivision plan (i.e. date when the City Planning Commission votes to approve the subdivision) shall be effective for a maximum time of one (1) year from the date of approval, unless, upon request by the Applicant, the Executive Director of the City Planning Commission grants an extension for a maximum of one (1) year from the initial deadline. A request for extension made after the original period of validity but within one (1) year of the original period of validity must be considered by the City Planning Commission. If the Final Plan, meeting all conditions and provisions as set forth by the Commission, has not been submitted for Final Approval within this time limit, the file will be closed. The Applicant may resubmit a request for a subdivision starting the process over again, following steps contained in Section 3.2. of these regulations.

c. Approval of Subdivisions in conjunction with Planned Developments Approval of subdivisions in conjunction with Planned Developments shall be effective for a maximum of five (5) years from the date of the original approval, unless, upon the written request by the Applicant, the Executive Director of the City Planning Commission grants an extension for a maximum of three (3) years from the initial deadline. A request for extension made after the original period of validity but within one (1) year of the original period of validity must be considered by the City Planning Commission. If all phases of the development have not been constructed within the stated time limit, to continue with the development the Applicant shall resubmit the subdivision request, starting the process over again, following steps contained in Section 3.2. of these regulations.

Standards for City Planning Commission's Action

When a subdivision application requires consideration by the City Planning Commission, the staff shall prepare a staff report recommending approval, modified approval, or denial of the application. The staff report shall state the reasons for recommendation, which shall be based in these regulations.

When the Commission acts in accordance with the staff recommendation, the action shall be presumed to be based on the reasoning in the staff report, as well as any additional reasoning stated on the record. When the Commission does not act in accordance with the staff recommendation, it shall address the approval criteria of the policy under which the application is reviewed.

Appeals

Eligibility for appeal

The decision of the City Planning Commission to approve, approve with conditions, or deny Subdivision Plan, or any action which fails to obtain a legal majority, may be appealed to the City Council within 30 days following such decision.  The Commission’s decision is effective on the 31st day after rendering unless appealed within the interim 30 days.

The City Planning Commission’s decision regarding a Subdivision Plan may be appealed by an aggrieved party or by any officer, department, commission, board, bureau, or any other agency of the City. Appeals shall be based in, and provide evidence of, an error in application of the law or a conflict in the law.

Once the Commission determines that a subdivision application is eligible for administrative approval by ratifying the subdivision, the Executive Director’s granting of administrative approval is a ministerial action that may not be appealed. 

Procedure

Appeals shall be made by filing a Notice of Appeal with the City Planning Commission staff. The Notice of Appeal shall state specifically how the City Planning Commission failed to properly evaluate the proposed subdivision plan, and make a decision consistent with these Regulations.  The appeals shall be accompanied by a fee as specified in Section 118-43 of the Code of the City of New Orleans, which shall be paid to the City Planning Commission.

Within ten days of the notice of appeal, the City Planning Commission shall transmit all staff reports, application materials, and a list of parties to be notified of the appeal to the Clerk of Council.

The City Council shall hold a public hearing on any such appeal.  The Clerk of Council shall mail notices to all owners of real property within the affected area at least 14 days prior to the hearing.  The affected area is that area specified in Section 3.2.7 of these Regulations.   The City Council shall render a decision by motion affirming or reversing the Planning Commission’s action no later than forty-five (45) days after receipt of the transmittal from the City Planning Commission. If the City Council fails to approve or disapprove the appeal within the assigned 45 days, the action of the City Planning Commission shall be considered reinstated.  If the City Council reverses the Planning Commission, the applicant may proceed to submit a tentative or final plan, as is appropriate, under the conditions for approval agreed to by the City Council.  The Clerk of Council shall notify the City Planning Commission of the Council’s action on the appeal.

Subdivision Review Flow Charts

Below are the flow charts for the different subdivision review types:

Minor Subdivision, Administrative Approval Flow Chart

Minor Subdivisions that are eligible for administrative approval require the following steps as outline as outlined in Section 3.2. A process flow chart for this type of subdivision is included below.

• Pre-Application Meeting (See section 3.2.1)
• Application Submittal (See Section 3.2.3)
• Completeness Review (See Section 3.2.4)
• Ratification (See Section 3.2.4)
• Agency Review (See Section 3.2.5)
• Final Subdivision Plan Approval (See Section 3.2.11)
• Recordation of Approved Subdivision Plan (See Section 3.2.12)
• Return copy of recorded subdivision to CPC and Real Estate and Records Staff (See Section 3.2.13)

Minor Subdivision, Commission Approval Flow Chart

Minor Subdivisions that are ineligible for administrative approval require the following steps as outline as outlined in Section 3.2. A process flow chart for this type of subdivision is included below.

• Pre-Application Meeting (See section 3.2.1)
• Application Submittal (See Section 3.2.3)
• Completeness Review (See Section 3.2.4)
• Agency Review (See Section 3.2.5)
• City Planning Commission Approval (See Section 3.2.6)
• Final Subdivision Plan Approval (See Section 3.2.11)
• Recordation of Approved Subdivision Plan (See Section 3.2.12)
• Return copy of recorded subdivision to CPC and Real Estate and Records Staff (See Section 3.2.13)

Major Subdivision, No New Streets or Public Improvements/Infrastructure Flow Chart

Major Subdivisions that do not create any new streets require the following steps as outline as outlined in Section 3.2. A process flow chart for this type of subdivision is included below.

• Pre-Application Meeting (See section 3.2.1)
• Project Neighborhood Participation Program (See Section 3.2.2)
• Application Submittal (See Section 3.2.3)
• Completeness Review (See Section 3.2.4)
• Agency Review (See Section 3.2.5)
• Public Notice (See Section 3.2.7)
• City Planning Commission Approval (See Section 3.2.8)
• Final Subdivision Plan Approval (See Section 3.2.11)
• Recordation of Approved Subdivision Plan (See Section 3.2.12)

Major Subdivision, New Streets or Public Improvements/Infrastructure Flow Chart

Major Subdivisions that do create new street(s) or public improvements/infrastructure require the following steps as outline above. A process flow chart for this type of subdivision is included below.

• Pre-Application Meeting (See section 3.2.1)
• Project Neighborhood Participation Program (See Section 3.2.2)
• Application Submittal (See Section 3.2.3)
• Completeness Review (See Section 3.2.4)
• Agency Review (See Section 3.2.5)
• Public Notice (See Section 3.2.7)
• City Planning Commission Approval (See Section 3.2.8)
• Preliminary Subdivision Plan Approval (See Section 3.2.9)
• Engineering Plan Approval (See Section 3.2.10)
• Final Subdivision Plan Approval (See Section 3.2.11)
• Recordation of Approved Subdivision Plan (See Section 3.2.12)
• Return copy of recorded subdivision to CPC and Real Estate and Records Staff (See Section 3.2.13)