16.20.060 Statement of parties having record title interest.
A statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map is required, except as omitted pursuant to this section.
A. The signatures of each party owning a recorded interest in, or right to, minerals, including, but not limited to, oil, gas, or other hydrocarbon substances, not including lessees of such rights, shall be required unless his or her name and the nature of his or her respective interest are stated on the final map and the advisory agency determines, or on appeal the city council finds, at least one of the following applies:
1. The party’s right of surface entry has been expressly waived by recorded document, including, but not limited to, quitclaim deed and/or reservation.
2. The party’s interest is less than twenty percent of the mineral interest estate and the signature or express waiver of right of surface entry by recorded document including, but not limited to, quitclaim deeds and/or reservations of one or more parties having a combined interest of more than fifty percent of the mineral interest estate has been obtained. The subdivider shall comply with the notice requirements listed below:
a. At least thirty days prior to the date of hearing on the tentative map, the subdivider has given written notice by registered mail or, if impracticable as determined by the planning director, by publication once in a newspaper of general circulation;
b. Notice shall be given to each mineral owner and lessee and operator of record who has not waived his or her right of surface entry underlying the subdivision as set forth in the preliminary title report, or other similar document acceptable by the planning director, as required by Section 16.16.010(D) and as shown in CalGEM records as operator of record as of thirty days of the date of application of the tentative map;
c. Such notice shall include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the tentative date, time and place of the hearing;
d. A copy of the notice and proof of mailing shall be provided to the planning director within ten days of the mailing/publication date.
3. The subdivider intends to reserve a drill site or sites as defined in Section 15.66.080(C) on or within a practicable distance of the subdivision as determined by the advisory agency, and as to which the owner of the mineral interest has a right of access and use that is or has been reserved and is delineated and labeled as such on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map; and is subject to the following notice requirements:
a. At least thirty days prior to the date of hearing on the tentative map, the subdivider has given written notice by registered mail or, if impracticable as determined by the planning director, by publication once in a newspaper of general circulation.
b. Notice shall be given to each mineral owner and lessee of record who has not waived his or her right of surface entry underlying the subdivision as set forth in the preliminary title report, or other similar document acceptable by the planning director, as required by Section 16.16.010(D) and as shown in CalGEM records as operator of record as of thirty days of the date of application of the tentative map.
c. Such notice shall include a statement of intent to reserve a drill site or sites as defined in Section 15.66.080(C) on or within a practicable distance of the subdivision map as determined by the advisory agency, and as to which the owner of the mineral interest has a right of access and use, is or has been reserved and is delineated and labeled as such on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. Said notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the tentative hearing date, and time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to the planning director within ten days of the mailing/publication date. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and that adequate provisions be made for maintenance thereof. Drilling within the reserved drill site shall be subject to compliance with all conditions and mitigation required under applicable regulations and processes.
e. Such drill site reservation(s) shall remain in effect for a period not less than ten years from approval of the tentative map. The commencement of drilling and/or extraction of minerals upon that site shall automatically extend the ten-year time period until operations on the drill site are properly abandoned to the satisfaction of the CalGEM. If no drilling and/or extraction of minerals occurs on the drill site within ten years and the surface fee owner has provided notice and documentation as required in subsection (A)(4) of this section, or upon the planning director receiving proof of well abandonment to the satisfaction of the CalGEM, the surface fee owner may apply for tentative map approval on a drill site(s) or, by written correspondence to the planning director, may request that the planning commission conduct a public hearing to consider the filing of an amending map to remove the drill site(s) reservation designation from the final map. Said request shall be processed as an amending map in accordance with Section 66472.1 of the Map Act. Such request shall include a preliminary title report, or other similar document acceptable by the planning director, covering all easements, ownerships and titles with respect to the drill site parcel(s), including mineral owners and lessees of record as set forth in the preliminary title report, or other similar document acceptable by the planning director, required by Section 16.16.010(D), and two sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report. Notice of public hearing shall be in accordance with Section 16.16.060.
4. The subdivider submits with the subdivision application competent, technical evidence that production of minerals from beneath the subdivision is improbable. The subdivider shall comply with the notice requirements listed below. If the advisory agency determines to its satisfaction that production of minerals from beneath the subdivision is improbable, the advisory agency shall make such finding.
a. At least thirty days prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail or, if impracticable as determined by the planning director, by publication once in a newspaper of general circulation.
b. Notice shall be given to each mineral owner and lessee and operator of record who has not waived his or her right of surface entry underlying the subdivision as set forth in the preliminary title report, or other similar document acceptable by the planning director, required by Section 16.16.010(D) and as shown in CalGEM records as operator of record as of thirty days of the date of application of the tentative map.
c. Such notice shall include a statement of intent to present at the hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. The notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the tentative date, time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to the planning director within ten days of the mailing/publication date.
B. The provisions of subsection A of this section shall be applicable to any final subdivision map unless each lot or parcel created has a gross area of twenty acres or more. In addition, the provisions of subsection A of this section shall not apply where the initial gross area of the final subdivision map is less than five acres in a residential zone or less than two acres in any zone other than a residential zone. In addition, the provisions of subsection A of this section shall not apply to parcel maps creating four or fewer parcels.
C. The provisions of subsection A of this section shall not be applicable to any tract map or final parcel map which is fully developed or further subdivides property which has been previously subdivided and to which the requirements of subsection A of this section were applied at the time of the previous subdivision, unless the tract or parcel map proposes subdivision of a drilling site.
D. For purposes of subsection A of this section, a party’s ownership of a fractional portion of an undivided interest in minerals shall be considered a separate interest in the minerals estate. For example, ownership of one one-hundredth of a one-half undivided interest in the mineral estate shall be considered ownership of one-half percent of the mineral estate. (Ord. 5091 § 1, 2022; Ord. 4966 § 1, 2019; Ord. 4708 § 1, 2012; Ord. 4598 § 2, 2009; Ord. 4299 § 1, 2006; Ord. 4232 § 3, 2005; Ord. 4059 § 4, 2002; Ord. 3576 § 1, 1994; Ord. 3515 § 1, 1993)