Garden Grove City Zoning Code
CHAPTER 9
40 SUBDIVISIONS
§ 9.40.010 Purpose.
A.
The purpose of this chapter is to provide regulations and controls for the design and improvement of subdivisions, either entirely or partially within the limits of the City, in accordance with the Subdivision Map Act of the state, as it now exists or as it may be amended. The provisions of this chapter are supplemental to those of the Subdivision Map Act.
B.
Authority. The Zoning Administrator and/or Planning Commission is designated as the advisory agency referred to in the Subdivision Map Act. Its duties include:
1.
Making investigations and reports on the design and improvements of proposed subdivisions and parcel maps prepared and filed according to this chapter and the Subdivision Map Act;
2.
Recommending the kinds, nature and extent of the improvements required to be installed in subdivisions and is authorized to approve or disapprove tentative maps of subdivisions and tentative parcel maps; and
3.
Reporting to the City Council the action taken.
C.
Appeal Authority. The City Council is designated as an appeal board as that term is used in the Subdivision Map Act, and shall hear appeals from actions of the Planning Commission, Zoning Administrator and City staff with respect to certification of the final map.
(2758 § 2, 2009)
§ 9.40.020 Definitions.
A.
The definitions in the Subdivision Map Act shall govern the meaning of words in this chapter, except as follows:
(2758 § 2, 2009)
§ 9.40.030 Types of Maps Permitted.
A.
Different types of maps and procedures are available for the purpose of creating subdivisions and the parceling of lots. Certain subdivisions may be created without following a map procedure.
B.
Tentative Tract Maps. A tentative tract map is a preliminary map, showing design and improvement, that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified in this chapter. Tentative tract maps are acted upon by both the Planning Commission and the City Council.
C.
Final Tract Maps. A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved tentative tract map. Each final tract map shall be consistent with the approved tentative tract map. It shall be filed in compliance with the provisions of this chapter and the Subdivision Map Act. Final tract maps are subject to approval by the City Council.
D.
Tentative Parcel Maps. A tentative parcel map is a preliminary map that is used whenever a parcel, or contiguous parcels, of land is proposed to be subdivided for the purpose of creating four or fewer lots, four or fewer condominium units, or a community apartment project containing four or fewer apartment units, where contiguous parcels of land are proposed to be consolidated or merged or when:
1.
The land before division contains fewer than five acres, and each parcel created by the subdivision will abut upon a maintained public street, tract or highway, and all dedications and improvements required by city standards will have been previously complied with; or
2.
Each parcel created by said division shall have a gross area of 20 acres or more and a right of vehicular access to a maintained street or highway; or
3.
The parcel of land proposed to be divided is within a tract of land zoned for commercial or industrial uses and abuts streets or highways that have been approved by the City as to alignment and width and to which it has a right of vehicular access;
4.
Each parcel proposed to be created by said division will have a gross area of not fewer than 40 acres or is not less than a quarter of a quarter section;
5.
Tentative parcel maps are acted upon by the Zoning Administrator or the Planning Commission depending on the situation;
6.
In the case of a subdivision where a long term lease is involved, a parcel map shall be submitted, unless such requirement is waived pursuant to the provisions of the Subdivision Map Act.
E.
Final Parcel Maps. A land division may be created by the recordation of a final parcel map that is in substantial compliance with an approved tentative parcel map or with a portion of an approved tentative parcel map that complies with the provisions of subsection D.3 of this section.
1.
A final parcel map may also be recorded on portions of a tentative map when such portions comply with the specifications of subsections D.2, 3 and 4 of this section as discussed previously. It shall be filed in compliance with the provisions of this chapter and the Subdivision Map Act.
2.
A final parcel map shall be based upon a field survey, except that a parcel map may be compiled from record data when the City Engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act.
3.
A final parcel map shall be reviewed by the City Manager or designee, certified by the City Engineer and acted upon by the City Council.
F.
Vesting Tentative Map. A vesting tentative map refers to a map made for the purpose of showing the design and improvement of a proposed subdivision, and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.
1.
Rights of a Vesting Tentative Map. Approval of the vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time of completion of the application, prior to approval of the final map.
2.
Filing and Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form and have the same contents, requirements, accompanying data, and reports, and shall be processed in the same manner as set forth in Sections 9.32.040 through 9.32.100, for a tentative map, except as hereinafter provided:
(2758 § 2, 2009)
§ 9.40.040 Tentative Tract Maps-Requirements for Filing.
A.
Who May File. Any property owner who proposes to subdivide his or her property may file a tentative tract map.
1.
Any person who proposes to subdivide property that is legally owned by another person may file a tentative tract map for such property with the written consent of the legal owner of record.
2.
Each tentative tract map shall be signed by the property owner or owners of record, and shall be accompanied by evidence of ownership of the real property for subdivision. When any portion of a tentative tract map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map.
B.
Form and Contents. Each proposed subdivision shall be filed with the advisory agency in whatever number is specified, and with the items listed below.
1.
Title Report. Tentative tract maps shall be accompanied by a preliminary title report that discloses all possessory interests and interests of record in the land being subdivided, when determined to be necessary by the City Manager or designee.
2.
Accompanying Data and Reports. The tentative map shall be accompanied by the following data and reports:
a.
Street Names. A list of proposed street names for any unnamed street or alley for review by the City Engineer;
b.
Soils Report. A preliminary soils report prepared in accordance with the provisions of the Uniform Building Code shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems that, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision;
c.
Title Report. A preliminary title report, acceptable to the department, showing the legal owners at the time of filing the tentative map;
d.
School Site/Facilities. The subdivider shall obtain from the school district or districts involved their intention, in writing, concerning the necessity for a school site and/or temporary and/or permanent school facilities, if any, within the subdivision, and shall present this information to the City to the consideration of the tentative map by the Planning Commission;
e.
Environmental Review. Information shall be submitted as required by the City to allow a determination on environmental review to be made in accordance with CEQA. The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents;
f.
Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations;
g.
Phasing. If the subdivider plans to file multiple final maps on the tentative map, he or she shall submit a written notice to this effect to the City Manager or designee;
h.
Solar Access. All plans and information relating to solar access are required to be submitted at the time of the tentative map application submittal;
i.
Other Reports. Any other data or reports deemed necessary by the City.
3.
Concurrent Filing. Tentative tract maps shall be filed concurrently with any action that requires the filing of site plans, or planned unit developments, as defined in this title. One copy of each map shall be forwarded to the following agencies with a request for report and/or recommendation to the advisory agency.
4.
Supplemental Information. The tentative tract map shall show thereon, or be accompanied by reports and written statements from the subdivider giving essential information regarding, the following matters:
(2758 § 2, 2009)
§ 9.40.050 Tentative Tract Maps-Procedures.
A.
It is mandatory that the subdivider confer with the staff of the City before preparing a tentative tract map.
B.
Filing. Tentative tract maps shall be filed with the planning agency, which shall not accept such maps until it is determined that the requirements for filing a tentative tract map established by this chapter and the Subdivision Map Act have been satisfied. Each tentative tract map or parcel map shall be identified by a number issued by the county surveyor's office prominently displayed on the face of the map.
1.
Such filing should be prior to the completion of final surveys of streets and lots, and before grading or construction work within the proposed subdivision that might be affected by changes in the tentative tract map.
2.
Prior to consideration by the advisory agency of a tentative tract map, and within the 10 days following its filing, the City Engineer shall make a report in writing to the advisory agency of any recommendations in connection with the tentative tract map and its bearing on particular functions. Advisory agency action on a tentative tract map shall be by the Planning Commission.
C.
Time Limits for Action. Time limits for action on tentative tract maps shall be as follows:
1.
The Planning Commission shall approve, conditionally approve, or deny the tentative map, and the department shall report the decision of the Planning Commission to the City Council and the subdivider, within 50 days after the tentative map application has been determined by the City Manager or designee to be complete.
2.
If an environmental impact report is prepared, the decision shall be made 45 days after certification of the environmental impact report.
3.
In reaching a decision upon the tentative map, the Planning Commission shall consider the effect of that decision on the housing needs of the region, and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
D.
City Council Action. Reserved.
E.
Zoning Conformance. A tentative tract map that does not conform to applicable zoning shall not be accepted for filing, or conditionally approved, unless:
1.
It conforms to zoning that has been recommended for adoption, on the condition that the zoning must become effective prior to recordation of the final tract map or parcel map.
2.
Zoning conformance depends upon the issuance of a conditional use permit, in which case the use permit must be approved before the approval of or conditional approval of, the tentative tract map.
3.
It is apparent that any proposed parcel cannot be put to its intended use without the granting of a variance(s).
(2758 § 2, 2009)
§ 9.40.060 Tentative Maps-Findings Required.
A.
A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the City Engineer and advisory agency make the following findings:
1.
That the proposed map is consistent with the General Plan;
2.
That the design and improvement of the proposed subdivision is consistent with the General Plan;
3.
That the site is physically suitable for the proposed type of development;
4.
That the requirements of the California Environmental Quality Act have been satisfied;
5.
That the site is physically suitable for the proposed density of the development;
6.
That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems;
7.
That the design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public;
8.
That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the subdivision can be developed in compliance with the applicable zoning regulations;
9.
That the design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision (Gov. Code Sec. 66473.1);
10.
That the design, density and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs that the character of the subdivision is compatible with the design of existing structures and that the lot sizes of the subdivision are substantially the same as the lot sizes within the general area.
B.
If, upon appeal, the City Council approves or conditionally approves a tentative tract map that deviates from any standard of design, a finding shall be made that each deviation has been individually considered and found to be justified based upon specific special circumstances that apply.
(2758 § 2, 2009)
§ 9.40.070 Tentative Maps-Period of Validity.
A.
Conditionally Approved Maps. An approved or conditionally-approved tentative tract map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months, pursuant to Section 66452.6 of the Subdivision Map Act.
1.
The Planning Commission may grant an extension of time for the map to be recorded for a period not to exceed three additional years.
2.
Any affected person, or the subdivider, may appeal a request for extension to the City Council within 10 days of the date of the action by filing with the City Clerk.
B.
Appeal of Tentative Tract Map and Tentative Parcel Map. Any interested person may make application to appeal to the City Council any action of the advisory agency with respect to a tentative tract map or tentative parcel map. The appeal must be filed with the City Clerk within 21 days of the mailing of notice of the decision of the advisory agency to the property owner. Within 30 days of the action, the City Manager or designee shall file a report on the appeal to the City Council.
1.
The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and suggest an alternative action.
2.
The City Manager or designee shall bring the matter before the City Council for hearing not later than 30 days after the date of filing the appeal.
3.
The subdivider and the appellant shall be given at least 10 days notice of the City Council hearing.
4.
The City Council may affirm, reverse or modify any recommendation or ruling of the advisory agency, and may make findings as it deems appropriate. The City Council shall render its decisions on the appeal within seven days of the conclusion of its hearing.
(2758 § 2, 2009)
§ 9.40.080 Tentative Tract and Final Tract-Map Standards of Design.
A.
Subdivisions shall be designed and improved so as to be consistent with the adopted General Plan and any applicable adopted specific plan, and the objectives, policies, and general land uses and programs specified therein.
B.
Subdivisions shall be designed in such a manner that all proposed lots comply with applicable zoning regulations in a manner that will permit the establishment of the proposed uses without further deviations or variances.
C.
Size of Maps. The size of such map or maps shall be a minimum of 18 by 26 inches or may be any dimension sufficient to show the entire subdivision on one sheet, at a scale not less than 100 feet to the inch.
D.
Information on Map. Each map shall contain the following information:
1.
General information.
a.
Tract number or parcel map number;
b.
Name and address of the owner or owners whose property is proposed to be subdivided;
c.
Name and address of registered civil engineer or licensed surveyor who prepared map;
d.
North point;
e.
Scale;
f.
Date of preparation; and
g.
Area within the tract boundaries, to the nearest tenth acre.
2.
Boundary Lines. A description of the exterior boundaries of the subdivision or legal description of the property.
a.
Map boundaries shall be drawn to include all of the area of all abutting parcels that are owned by the same property owner and proposed for boundary alteration.
b.
When any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more that is not proposed to be included within the subdivision may be identified by reference on the tentative map.
3.
Lots/Parcels. Lot number, lot lines and approximate dimensions of each lot.
a.
Each lot or parcel being created by a subdivision shall be numbered and must comply with the requirements of a building site as defined in the zoning code.
b.
Classification of lots as to intended residential, commercial, industrial or other uses is required.
c.
A lot that is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements.
5.
Easements. Width and location of all existing recorded public or private easements and proposed easements that may be required.
6.
Drainage. Proposed direction of flow and rate of grade of street drainage.
a.
Illustration of existing and proposed manner in which water drains into, across, and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.
b.
In the event that a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.
7.
Physical Features. Approximate location and width of water courses or areas subject to inundation from floods, and location of structures, irrigation ditches, railroads and other permanent physical features.
8.
Contours. Contours at one foot intervals based on the City Survey Datum.
9.
Buildings. The location and type of all buildings within the subdivision that are proposed to remain, and the location and type of all buildings adjacent to the subdivision that would become nonconforming to the provisions of the chapter by the filing of the map.
(2758 § 2, 2009)
§ 9.40.090 Tentative and Final Map-Standards of Design.
A.
Subdivisions shall be designed in conformance with the following standards of design. All sidewalks, concrete curbs and gutters, parkway trees, ornamental street lights, pavements, sanitary sewer lines, water mains, fire hydrants, culverts, drainage structures and any other required improvements shall be installed at the cost of the subdivider, and shall conform to grades and specifications established by the City Engineer.
B.
Sanitary Sewers. Sewers, including sewer to the property line of each lot when within street areas to be improved by the subdivider, shall be installed prior to the surfacing of the street. Sensory or storm sewers, appurtenances, and service connections shall be constructed to grades, size and design in accordance with good engineering practice approved by the City Engineer.
C.
Water Supply. Water shall be provided from the water system of the City or other approved source.
E.
Parking Areas. Special areas for off-street parking that may be offered for dedication, or that are otherwise reserved for public use in connection with proposed business, industrial, multifamily residential or institutional property, shall be subject to determination by the City as to size, adequacy, shape and location, and shall generally conform to Section 9.18.140.
F.
Lots.
1.
Lot areas shall conform to the standards of development as defined in this title, or by other official plans adopted pursuant to law, provided the minimum area of lots shall be 7,200 square feet, except as provided by the amending of the zoning regulations as set forth in this title.
2.
Lots having no frontage on a public street may be cause for disapproval of subdivision.
3.
The width of lots shall conform to standards of development as defined by the zoning regulations as set forth in this title, or other official plans adopted pursuant to law, and provided further that odd-shaped lots shall be subject to individual determination by the City Engineer.
4.
No lot shall be divided by a county, city or school district boundary line.
5.
The side lines of lots shall be approximately at right angles to the street line on straight streets and shall be radial on curved streets.
6.
Double frontage lots shall be avoided. All lots shall be suitable for the purpose for which they are intended to be used.
G.
Blocks.
1.
Blocks less than 330 feet in length, or more than 990 feet in length, may be cause for disapproval, but in no case shall a block be longer than 1,320 feet.
2.
In blocks 990 feet long or over, public walkways 10 feet wide may be required.
3.
Long blocks are desirable adjacent to main thoroughfares in order to reduce the number of intersections.
H.
Underground Utility Lines. Any underground utility or service lines required to be installed as a part of the subdivision, and that run across or underneath the right-of-way of any street, alley, or way, shall be installed prior to the surfacing of such street, alley or way.
(2758 § 2, 2009)
§ 9.40.100 Streets and Highways.
A.
A subdivision plan shall conform to the official plan of streets. In the absence of an official plan of streets and highways, there shall be substantial conformance to the master plan. In the absence of master plan, the street system in a proposed subdivision shall relate to the existing streets in the area adjoining the subdivision.
B.
Right-of-Way Widths. Streets designated on the master plan of arterial highways shall have the following right-of-way widths:
1.
Major Highways. One hundred twenty feet of right-of-way improved with a six-lane divided or undivided highway and service roads.
2.
Primary Highways. One hundred feet of right-of-way improved with a six-lane divided or undivided highway. Restricted vehicular access from abutting properties.
3.
Secondary Highways. Eighty feet of right-of-way improved with a four-lane highway. Limited vehicular access from abutting properties.
4.
Local Private or Public Streets. Shall be not less than 60 feet wide.
5.
Minor Private or Public Streets. Shall be not less than 50 feet wide.
6.
Private or Public Cul-de-Sac Streets. Shall be not less than 50 feet wide nor more than 500 feet in length. The radius at the terminus of the cul-de-sac shall be not less than 45 feet. Stub streets or rights-of-way may be required to the edge of the subdivision.
C.
Separations and Centerlines.
1.
Along major highways, limited-access highways or freeways, a frontage roadway separated from the traffic roadway by an acceptable separation strip may be required. All dimensions on such multiple roadway thoroughfares shall be as defined on the City master or official plan or State Division of Highways Plan.
2.
Curved major and primary streets shall have a centerline radius of not less than 1,000 feet.
3.
Curved secondary streets shall have a centerline radius of not less than 1,000 feet.
4.
Curves on other streets shall have a centerline radius of not less than 400 feet.
D.
Related Conditions.
1.
No street shall have a grade of more than six percent or less than two-tenths of one percent unless, because of typographical conditions or other exceptional circumstances, the City Engineer determines that a grade in excess or less than the above requirements is necessary. Such recommendations by the City Engineer must be approved by the City Council.
2.
Local and arterial street corners shall have a curb radius of not less than 25 feet, except that on arterial highways a 35-foot radius shall be required. All property lines shall be designed so as not to reduce parkway widths.
3.
Street intersections shall be as near right angles as practicable. In no case should the angle be less than 45 degrees.
4.
Streets that are a continuation of streets in contiguous territory shall be so aligned as to assure that their centerlines shall coincide. In cases where straight continuations are not physically possible, such centerline shall be continued by curves.
E.
Areas Not Covered by Master Plan. In areas not covered by the master plan, the layout of all improvements including roadways, curbs and gutters, street lights, parkways, parkway trees, dividing strips, sidewalks, sewer lines and water mains within the rights-of-way of all highways, streets, alleys and public alleys and public easements shall be in accordance with standards established by the City Engineer and adopted by the City Council, and where no such standards have been adopted, the arrangements shall be subject to approval by the advisory agency and the City Council.
F.
Freeways and Highways. Freeways, limited-access and unlimited-access state highways shall conform to the standards of the Division of Highways, State Department of Public Works, and, where involved in any subdivision, they shall be subject to individual determination by the City. Said standard of the Division of Highways shall be deemed to be the minimum standards that will be acceptable.
(2758 § 2, 2009)
§ 9.40.110 Final Tract Maps Requirements.
A.
When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the County Recorder. No proposed subdivision shall be complete until such map has been filed for record. For purposes of filing a final tract map, the subdivider shall submit to the City Engineer a duplicate original final map and three dark line prints.
B.
Certificates. All parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final tract map by signing the required certificate.
C.
Form and Content of Final Tract Map. The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act and as included in Section 9.40.090, Standards of Design, and Section 9.40.100, Highways and Streets, and shall also include the location and description of all public and private easements.
(2758 § 2, 2009)
§ 9.40.120 Processing by City.
A.
One copy of a dark line print shall be filed permanently with the City Engineer.
B.
Review by City Engineer. After receiving copies of the final tract map, the City Engineer shall examine the map as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations to ensure compliance with the provision of the Subdivision Map Act, and with any conditions imposed on the approval of the tentative tract map.
1.
One copy shall be returned to the subdivider showing corrections, or with a statement by the City Engineer that the map is correct.
2.
When the map is found to be correct, the final tract map shall be certified by the City Engineer and transmitted to the City Council for their certification.
a.
If the final tract map as submitted conforms substantially to the tentative tract map, as approved by the City Council, it may be certified by the City Engineer.
b.
If the final tract map does not conform, it will not be certified by the City Engineer until the changes have been approved by the City Council.
C.
City Council Approval. Upon approval of the final tract map by the City Council, the City Clerk shall certify the map on behalf of City Council.
D.
Recording. The final certified map shall be recorded in the County Recorder's office. After recording a duplicate mylar and two paper prints of the map, it shall be furnished to the City Engineer.
(2758 § 2, 2009)
§ 9.40.130 Final Parcel Maps.
A.
When a subdivision of not more than four new lots is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the County Recorder.
B.
Content of Final Parcel Map. The same improvements required for a subdivision under the tentative and final map process are required for the final parcel map. The same information and content as required on a tentative map shall be required for a final parcel map.
C.
Certification. When dedications or offers of dedications are made on the final parcel map, all parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final parcel map by signing the required certificate.
1.
The certificate need not be signed by public entities and public utilities that own rights-of-way, easements or other interests that cannot become a fee provided that:
a.
The division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement and a statement as such is included as required information;
b.
The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.
2.
When dedications or offers of dedications are not being made, no owner's or subdivider's signatures shall be required on the final parcel map.
D.
Method of Approval. One original duplicate and two prints of the final parcel map, prepared by a licensed surveyor or registered civil engineer, shall be submitted to the City Engineer.
1.
The City Engineer and advisory agency shall examine the map and determine that the map is technically correct and conforms to the approved tentative parcel map and any conditions imposed thereon as follows:
a.
That all lot sizes shall conform to the provisions of this title, and that all lots shall comply with the standards set forth in this chapter;
b.
That curbs, gutters, sidewalks and paving will be installed along all street frontage of the property being divided;
c.
That separate and adequate distribution lines for domestic water supply will be constructed to each lot;
d.
That separate and individual sanitary sewer facilities and connection shall be made to each lot created;
e.
That no lot contained in such proposed subdivision shall conflict with any street, highway, park, playground, public building or other type of public project indicated on a master plan or specific plan;
f.
That no lot in such proposed subdivision may be subject to flood or inundation; and,
g.
That no division will be permitted that will block the development of adjacent property.
2.
If the advisory agency is satisfied with the final parcel map, the certificate required by the Subdivision Map Act shall be executed.
3.
Such certification shall constitute approval of final parcel map.
4.
The approved final parcel map shall be transmitted to the County Recorder for recordation.
(2758 § 2, 2009)
§ 9.40.140 Dedication.
A.
All streets, highways and parcels of land shown on the final map and intended for public use shall be offered for dedication for public use and shall be properly noted in the owner's certificate on the title page of the final map. This provision shall not apply to easements for public utilities.
B.
Streets and Public Right-of-Way. Streets or portions of streets may be offered for future dedication where the immediate opening and improvements are not required, but where it is necessary to ensure that the City can later accept dedication when said streets are needed for the further development of the area or adjacent areas.
1.
The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval of the final map when:
2.
Such improvements to dedicated land may be required by ordinance or deemed by the City Council to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. The improvements shall include:
3.
Costs of flood control works may be prorated, as determined by the City Engineer.
C.
Parks and Recreation Facilities Dedication. The subdivider shall dedicate land, or pay a fee in lieu thereof, or a combination of both, as a condition of approval, for the purpose of providing parks and recreational facilities for future inhabitants of said subdivision as provided for in Section 9.44.030.
(2758 § 2, 2009; 2877 § 2, 2017)
§ 9.40.150 Improvement Plans and Profiles.
A.
The plans and profiles of all improvements required by this section, as well as other improvements proposed to be installed by the subdivider, shall be filed with the City Engineer.
B.
Filing Requirements. Any estimate of the quantities for bid items shall be tabulated on Sheet 1 of the improvement plan.
1.
If all details, plans and profiles of improvements are not filed with the City Engineer at the time of filing the final map, the faithful performance bond, as described in subsection C of this section, shall include a guarantee that the remaining plans and profiles will be prepared in accordance with the requirements of the City Engineer.
2.
In all cases where the topography controls the design, all details, plans and profiles of improvements required by the City Engineer must be submitted at the time of filing of the final map.
3.
The plans of the proposed improvements shall be furnished to the City Engineer and be approved by the City Engineer before the map shall be filed with the City Council.
C.
Improvement Security. If such improvement work cannot be completed to the satisfaction of the City Engineer before the final map is approved, the owner or owners of the subdivision shall:
1.
Upon approval, and before the certification of the final map by the City, enter as contractor into an agreement with the City Council whereby, in consideration of the acceptance by the City Council of the street and easements offered for dedication, the contractor agrees to complete the work within the time specified in the agreement;
2.
To assure the City that this work will be completed and lien holders paid, a bond equal to the estimated cost of the improvements shall be furnished guaranteeing faithful performance, and guaranteeing payment for labor and materials. The amount of such bond shall be determined by the City Engineer, and be approved as to form by the City Attorney, except in cases where a cash deposit is made.
(2758 § 2, 2009)
§ 9.40.160 Improvements Required.
A.
The minimum improvements that the subdivider will be required to make, or enter into an agreement to make, in the subdivision, prior to the acceptance and approval of the final map by the City Council, shall be:
1.
Separate and adequate distribution lines for domestic water supply to each lot;
2.
Sewage collecting system, where main lines of an adequate disposal system are available;
3.
Adequate drainage of the subdivision streets, highways, ways and alleys;
4.
Adequate grading and surfacing of streets, highways, ways and alleys;
5.
Concrete curbs, gutters and cross gutters;
6.
Concrete sidewalks;
7.
Survey monuments;
8.
Fire hydrants at locations designated by the City Engineer;
9.
Street name signs, two to each intersection;
10.
Traffic control devices;
11.
Necessary barricades and safety devices;
12.
Fee for the planting of parkway trees, as provided in this title;
13.
Ornamental street signs;
14.
All street, vehicular and pedestrian ways within a condominium project shall be improved to meet the same city standards as is required for public streets, and associated improvements;
16.
Fees for, or dedication of, park and recreation facilities;
17.
Intersection widening;
18.
Highway safety lighting;
19.
Turnout bays;
20.
Median islands.
B.
Except as provided otherwise in this section, the subdivider may make application for exception from the provisions of this section in the following manner:
1.
A written application shall be filed with the City Manager or designee, who shall, within 30 days, file a report on the appeal to the City Council.
2.
Such application shall include all information necessary to properly apprise the City Council of the circumstances existing that require such an exception.
3.
Within 30 days after the filing of such application, the City Council shall conduct a hearing on the application. The City Council may then grant, partially grant or deny the application.
(2758 § 2, 2009; 2775 § 2, 2010)
§ 9.40.170 New Monuments.
A.
In making the survey for the subdivision, sufficient monuments shall be set so that the survey or any part thereof may be readily retraced.
B.
Location of Monuments. Monuments shall be set for each tract or parcel map in accordance with the provisions of the Subdivision Map Act and the rules and procedures approved by the City Engineer.
1.
Monuments shall be spaced at block corners, angle points, points of curves, on the exterior boundary lines of the tract at intervals of not more than approximately 1,320 feet; and as may be required by the City Engineer.
2.
Monuments shall be placed at intersections of centerlines of streets and at the beginning of curves and end of curves on centerlines.
C.
Monument Characteristics.
1.
Monuments, when located in a surfaced street, may consist of a spike and tin and a sufficient number (normally four) of durable distinctive reference points.
a.
Such reference points may be lead and tacks, PKs, or three-quarter-inch iron not less than 16 inches long, in which is secured a tag bearing the surveyor's or engineer's registration number; and
b.
The monuments shall be set 12 inches below the surface of the ground, or such substitute that is not likely to be disturbed, and is approved by the City Engineer.
2.
Monuments, when not located in a surfaced street area, shall not be less than an iron pipe with a two-inch outside diameter, not less than 18 inches in length, in which is secured a tag bearing the surveyor's or engineer's number, in a lead plug or Portland cement, the top set 12 inches below the surface of the ground.
3.
For each centerline intersection monument set, the engineer or surveyor, under whose supervision the survey has been made, shall furnish to the City Engineer a set of notes showing clearly the ties and nature of such monument.
a.
Such set of notes shall be of such quality, form and completeness, and shall be on paper of such quality and size as may be necessary, to conform to the standardized office records of the City Engineer.
b.
All such notes shall be indexed and filed by the City Engineer as a part of the permanent records of the City Engineer's office.
4.
Lot corners shall be marked with three-quarter-inch galvanized iron pipe, not less than 16 inches long, in which is secured a tag bearing the surveyor's or engineer's registration number, and shall be driven not less than six inches below finished grade.
5.
Four chisel marks in the rim of a manhole is an acceptable monument, when properly referenced.
(2758 § 2, 2009)
§ 9.40.180 Certificate of Compliance.
A.
When requested by the subdivider, or by a governmental agency, waivers from the requirement for recording a parcel map, and exceptions to the tentative map process, may be approved by the advisory agency.
B.
When any such waiver request is approved, a certificate of compliance may be recorded in lieu of a parcel map. Advisory agency action on a certificate of compliance is by the Planning Commission or Zoning Administrator, as the case may be.
C.
Types of Subdivision Eligible. The requirement for recording a parcel map shall not be waived when a survey and/or monumentation is necessary. Only the following types of subdivisions are eligible to receive a waiver from the requirement for recording a parcel map.
1.
Subdivisions containing four or fewer parcels, each of which is a minimum of five acres in area and is proposed for further subdivision.
2.
Subdivisions where each parcel will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 40 feet to a maintained public street or highway having a right-of-way width of not less than 40 feet.
D.
Waiver Procedure. A waiver from the requirement for recording a parcel map may be approved in compliance with the following procedure:
1.
A tentative map, accurately describing the existing legally-created parcel and each proposed parcel, shall be submitted.
a.
The tentative map shall be processed in compliance with the tentative map procedure, except that it need not be prepared by a licensed land surveyor or civil engineer.
b.
The map only needs to include such information that the advisory agency and City Manager or designee find necessary to make a determination.
2.
A waiver request shall accompany the tentative maps only when a tentative map proposes one of the subdivisions specified in subsection C of this section.
3.
Prior to any action by the advisory agency to approve a waiver, the City Manager or designee shall examine the map, and shall identify each proposed parcel as a building site or non-building site.
4.
Prior to any action to approve a waiver, the advisory agency shall find that the subdivision:
a.
Will comply with City requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;
b.
Will satisfy any other requirements pertaining to the subdivision of land, as specified in the Subdivision Map Act, this code and any other applicable City ordinance; and
c.
Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.
E.
Waiver Does not Establish Parcels.
1.
The approval of a waiver of the requirement to record a parcel map does not create a subdivision, or satisfy the requirements applicable to the division of a parcel of land.
2.
Any parcel shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has been filed in the office of the County Recorder.
F.
Certificate of Compliance. After a waiver has been approved, and within the period of validity of a tentative map, and when the City Manager or designee has determined that all conditions and requirements of the tentative map have been satisfied, a certificate of compliance shall be recorded with the County Recorder.
1.
In the event any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time period.
2.
The conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance.
(2758 § 2, 2009)
§ 9.40.190 Lot Line Adjustments.
A.
Persons owning two or more adjacent parcels, who propose to adjust the boundaries of the parcels in a manner so that the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels than originally existed is subsequently not created, may apply for a line adjustment.
B.
Application and Review. The advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from a lot line adjustment will conform to local zoning and building ordinances. Advisory agency action on a lot line adjustment is by the Planning Commission or Zoning Administrator, as the case may be.
1.
Applications for lot line adjustments shall be reviewed by the advisory agency. Advisory agency action shall be by resolution, or decision approving or disapproving the proposed lot line adjustment.
2.
The advisory agency shall not impose conditions or exactions on its approval of a lot line adjustment, except to conform to local zoning and building ordinances, or except to facilitate the relocation of existing utilities, infrastructure or easements.
C.
Appeal Procedure. Any person adversely affected by the decision of the advisory agency may appeal the decision to the City Council within 21 days of the decision.
(2758 § 2, 2009)
§ 9.40.200 Lot Consolidation.
A.
The City may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, which may become effective when a notice of merger specifying the names of the record owners and describing the real property is filed for record with the County Recorder.
B.
Requirements. The following requirements must be satisfied for the City to record a notice of merger.
1.
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or:
2.
With respect to any affected parcel, one or more of the following conditions exist:
a.
The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;
b.
The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c.
The parcel does not meet current standards for sewage disposal and domestic water supply;
d.
The parcel has no legal access that is adequate for vehicular and safety equipment access and maneuverability; or,
e.
The parcel is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
C.
Intention to Merger—Procedures.
1.
Prior to recording a notice of merger, the City shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The Planning Commission or the Zoning Administrator, if the situation warrants, acts as the advisory agency for lot consolidations.
2.
The notice of intention to determine status shall be filed for record with the recorder of Orange County on the date the notice is mailed to the property owner.
a.
Any time within 30 days after recording of the notice of intention, the owner of the affected property may file with the City a request for a hearing on determination of status.
b.
The hearing shall be conducted not more than 60 days following the City's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the property owner and the City. The Planning Commission or Zoning Administrator is designated as the advisory agency for lot consolidation determinations.
3.
A determination of merger shall be recorded within 30 days of a hearing.
a.
A determination of non-merger may be made whether or not the affected property meets the standards for merger.
b.
If the owner does not file a request for a hearing, the City may make a determination that the affected parcels are to be merged or are not to be merged.
c.
A determination of merger shall be recorded no later than 90 days following the mailing of notice.
4.
Notice of Intention for Non-Merger. If the City determines that the subject property shall not be merged, it shall record a release of the notice of intention to determine status, and shall mail a clearance letter to the current owner of record.
(2758 § 2, 2009)
§ 9.40.210 Multifamily Developments-Exception to Standards.
Whenever a site plan has been approved for a multiple-family residential development in any "R" zone, conditional exceptions to certain subdivision standards may be recommended by the Planning Commission and authorized by the City Council as follows:
A.
Exceptions to the requirements and regulations relating to lot size, width and shape may be permitted in any multiple-family residential development subdivision when:
1.
Open space and recreational areas are to be provided for the sole use and benefit of the occupants of the dwelling units in the development; and
2.
The total land and area of the development divided by the total number of dwelling units provides an average land area per dwelling unit equal to or more than that required in the zone and area district in which the development it located. Street rights-of-way shall not contribute to the total land area.
B.
Exceptions to the requirement that lots abut on a street may be permitted when:
C.
In all cases, every dwelling unit shown upon the site plan, and lots within the subdivision, shall be held in common ownership as a condominium, and all units shall be designated as condominium units.
(2758 § 2, 2009)
§ 9.40.220 Conversion of Multiple-Family Dwelling Projects to Condominium Projects.
A.
In order for a multiple family dwelling project to be converted to a condominium project, a final map shall be approved and recorded in the manner prescribed in this chapter, and further conditions specified in this title.
B.
Maintenance of Common Areas. As a condition of approving the subdivision of a standard multifamily development, or condominium, and permitting exceptions to the standard subdivision requirements, the subdivider shall present in writing, prior to City Council approval of the final map, the means by which the permanent upkeep and maintenance of all areas and facilities held in common is to be accomplished, and the payment of all taxes thereon assured. No exceptions to the standard subdivision requirements shall be permitted unless the City Council determines that the subdivider has adequately provided for such upkeep, maintenance and payment of taxes.
C.
Conditions and Restrictions. To assure that the design of the condominium subdivision will be permanent, the owner or owners of the real property being subdivided shall covenant that:
D.
Lien on Open Space. To assure that the design of the condominium subdivision will be permanent, and that permanent upkeep, maintenance and payment of taxes on all the area and facilities held in common is assured, it is declared that the City has a lien on each of the lots occupied by dwelling units in the subdivision.
(2758 § 2, 2009)
§ 9.40.230 Nonresidential Condominium or Cluster Subdivision.
A.
Whenever a site plan has been approved pursuant to this title, the City Council may approve a tentative map for a nonresidential cluster subdivision or condominium.
B.
Conditions of Approval. The approval of a tentative map for a nonresidential cluster subdivision or a condominium shall be based upon a showing of evidence that all common areas and open spaces shall be protected and maintained. Further, it shall be shown that necessary improvements will be provided for vehicular access, loading and parking, all as specified in this title.
C.
Streets. Streets within any cluster subdivision or condominium project may be either public or private, as may be determined by the City Council.
D.
Utility Services. Separate utility services shall be provided for each lot in any cluster subdivision. All utility lines and services shall be placed underground.
(2758 § 2, 2009)
§ 9.40.240 Division of Commercially Zoned Property.
The division of commercially zoned property resulting in a parcel or parcels not having public street frontage may be approved, provided that:
A.
Permanent access and utility easement agreements are arranged and found acceptable by the City Attorney; and,
B.
Access is designed and improved in a manner provided for in this title and found acceptable to the Zoning Administrator or Planning Commission, as the case may be.
(2758 § 2, 2009)
§ 9.40.250 Urban Lot Splits.
B.
Approval. Notwithstanding the Subdivision Map Act or any other provision of this chapter, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's Community and Economic Development Director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of Chapter 9.56 and applicable objective requirements of this Chapter 9.40 and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
C.
Guidance and Procedures. The City Engineer has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law.
(2929 § 4, 2022)