Huntington Beach City Zoning Code
Title 25
Zoning Code-Subdivisions
§ 250.02 Citation and Authority.
This title is adopted pursuant to Chapter XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code. This title may be cited as the Subdivision Ordinance of the City of Huntington Beach.
§ 250.04 Consistency.
A.
No land shall be subdivided and developed for any purpose that is inconsistent with the Huntington Beach General Plan, the Local Coastal Program for development within the coastal zone, or any applicable specific plan of the City or that is not permitted by Titles 20 through 24 or other applicable provisions of this Code.
B.
The type and intensity of land use as shown on the General Plan, and Local Coastal Program for land within the coastal zone, and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this title, the type of streets, roads, highways, utilities, and other public services that the subdivider shall provide.
(3334-6/97)
§ 250.06 Applicability.
A.
The provisions set forth in this title shall apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this title after the effective date of the ordinance codified in this title. All subdivisions and any part thereof lying within the City shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this chapter.
(3334-6/97)
§ 250.08 Exceptions.
This chapter shall not apply to the items listed in Sections 66412, 66412.1, 66412.2 and 66412.5 of the Subdivision Map Act. However subject to the provisions of Section 66412(d) of the Subdivision Map Act, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided that, the lot line adjustment is approved pursuant to Section 250.16.
§ 250.10 Definitions.
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases used in this title are defined in this section as set forth below. All definitions provided in Chapters 1.04 and 203 and Section 245.04 of the Municipal Code and all definitions provided in the Subdivision Map Act shall also be applicable to this title and said definitions are hereby incorporated by this reference as though fully set forth herein.
The right of abutting landowners or occupants to obtain access to an abutting public way.
Any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.
The area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
A valid authorization, issued by the City, stating that the subdivision of creation complies with City subdivision laws applicable at the time of creation or stating that the subdivision complies with the Subdivision Map Act and this title.
The City Engineer of the City of Huntington Beach.
A street, intermediate in importance between a local street and an arterial highway, which has the purpose of collecting local traffic and carrying it to an arterial highway.
The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.
A local street, one end of which is closed and consisting of a circular turnaround.
A calendar day unless otherwise specified.
The Community Development Department of the City of Huntington Beach.
The Department of Public Works of the City of Huntington Beach.
The Director of the Community Development Department of the City of Huntington Beach.
A grant of one or more property rights by the owner to the City, a public entity, public utility, or private party.
A map showing a subdivision of five or more parcels, prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be placed on record in the office of the Orange County Recorder.
A minor shift or rotation of an existing lot line where a greater or lesser number of parcels than originally existed is not created.
The joining of two or more contiguous parcels of land under one ownership into one parcel.
A unit or portion of a unit of improved or unimproved land.
A map showing a subdivision of four or fewer parcels or a subdivision pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared in accordance with the provisions of the Subdivision Map Act and this title and designed to be placed on record in the office of the Orange County Recorder.
That area between the curb face and abutting property line.
Any individual, firm, co-partnership, joint venture, organization, corporation, estate, trust, receiver, syndicate, this City, and any other public agency.
Any street or accessway which is privately held, maintained and utilized as access to a development.
That portion of an existing parcel which is not divided for the purpose of sale, lease, or financing nor part of the subdivision.
An easement dedicated to the City that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development.
A street adjacent to and providing access to an arterial highway.
Specifications for public improvements adopted by the Department of Public Works.
Plans and engineering drawings for public improvements as adopted by the Department of Public Works.
The provisions of Division 2, Subdivisions of the California Government Code, relating to subdivisions of land and real property commencing with Section 66410.
A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it precedent to the approval of a final map. Tentative map shall include a tentative parcel map, prepared pursuant to the provisions of this title.
That portion of a parcel which does not exceed a slope of 10%. Any portion of the parcel exceeding 10% shall, for the purpose of this title, be considered slope and not usable parcel area.
A tentative map for a residential subdivision that has, printed conspicuously on its face, the words "vesting tentative map" at the time it is filed with the City, and is processed in accordance with the provisions of Chapter 252 of this title.
(3334-6/97, 4230-7/21)
§ 250.12 Responsibilities.
A.
City Attorney. The City Attorney's responsibilities shall include approving as to form all subdivision improvement agreements; covenants, codes, and restrictions; security, liability agreements and insurance; and all governing documents for a community apartment project, condominium, stock cooperative, or conversion.
B.
City Council.
1.
The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the City of land and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels.
2.
The City Council shall act as the appeal board for hearing appeals of all subdivision maps acted upon by the Planning Commission.
C.
Planning Commission. The Planning Commission's responsibilities shall include approving, conditionally approving, or denying the application for tentative map approval of subdivisions of 10 or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of nine or fewer parcels.
D.
Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing and approval, conditional approval or denial of tentative map approval of subdivisions of nine or less parcels, tentative parcel maps and waivers of parcel map requirements, mergers and certificates of compliance.
E.
City Engineer. The City Engineer's responsibilities shall include:
1.
Establishing design and construction details, standards and specifications.
2.
Determining if proposed subdivision improvements comply with the provisions of the Subdivision Map Act and this title.
3.
The processing and certification of final maps, reversion to acreage maps, and amended maps and the processing and approval of subdivision improvement plans.
4.
Examining and certifying that final maps are in substantial compliance with the approved tentative map.
5.
Final jurisdiction in the approval of parcel maps and certification of lot line adjustments.
6.
The inspection and approval of subdivision public improvements.
7.
The acceptance of dedications and public improvements for subdivisions by parcel map, and off-site dedications lying outside a subdivision boundary which require a separate grant deed.
8.
Collection of all required fees and deposits associated with final maps and parcel maps except park and recreation fees.
F.
Director. The Director's responsibilities shall include the processing of tentative maps and lot line adjustments.
1.
Determinations of violations of the provisions of the Subdivision Map Act or this title.
2.
The management of the Department of Community Development in carrying out the responsibilities imposed upon it by this title. When necessary to carry out the Director's responsibilities hereunder, the Director may designate and authorize a representative to act on his or her behalf.
3.
Collection of park and recreation fees and fees associated with tentative maps.
(3334-6/97, 3681-12/04, 4101-10/16, 4230-7/21)
§ 250.14 Map Requirements.
A.
Tentative and Final Map. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civic Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. Exceptions as stated in Section 66426 of the Subdivision Map Act shall comply with subsection B of this section.
B.
Tentative and Parcel Map. A tentative and parcel map shall be required for all divisions of land into four or fewer parcels and exceptions stated in Section 66426 of the Subdivision Map Act. However parcel maps shall not be required for:
1.
Subdivisions of a portion of the operating right-of-way of a railroad corporation, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing.
2.
Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Department in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the dedication or offer must be indicated by a separate instrument.
3.
Lot line adjustments, provided:
a.
No additional parcels or building sites are created;
b.
The resulting parcels conform to Titles 20 through 24 of this Code;
c.
The lot line adjustment shall not sever any existing structure on either of the two parcels;
d.
The lot line adjustment shall not allow a greater number of dwelling units than allowed prior to the adjustment;
e.
The lot line adjustment is approved by the Director or by the Planning Commission on appeal; and
5.
Subdivision of property with two to four apartment or stock cooperative units that were converted to and sold as condominium units without approval of a conditional use permit and tentative parcel map prior to June 1, 2004, provided:
a.
Sale of condominium units is evidenced by recorded documents;
b.
No dedications or improvements are required by the Zoning and Subdivision Ordinance;
c.
Covenants, conditions, and restrictions (CC&Rs) are recorded at the County of Orange;
d.
A plat map showing the condominium subdivision is prepared, approved by the City Engineer, and recorded at the County of Orange;
(3530-2/02, 3690-1/05)
§ 250.16 Fees and Deposits.
All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by this title and by the City Council resolution establishing applicable fees and charges.
§ 251.02 General.
A tentative map shall be required for all subdivisions as to which a final or parcel map are required by this title. The form and contents, submittal, and approval of tentative maps shall be governed by the provisions of this chapter.
(3254-11/94)
§ 251.04 Form and Contents.
A.
The tentative map shall be prepared in a manner acceptable to the Director and shall be prepared by a California registered civil engineer or California licensed land surveyor. It shall show lot lines, existing and proposed topography, existing and proposed public improvements, and such other information as may be required by the City Engineer. Sufficient data or calculations may be required by the City Engineer to show adequacy of existing or proposed infrastructure elements.
(3254-11/94)
§ 251.06 Accompanying Data and Reports.
A.
The tentative map shall be accompanied by the following data and reports:
1.
Environmental Review. An environmental assessment shall be submitted, unless exempt, to allow a determination to be made in accordance with the California Environmental Quality Act.
2.
Title Report. A preliminary title report, not more than six months old and acceptable to the Department showing the legal owners at the time of filing the tentative map.
3.
Geotechnical Reports. Three copies of a preliminary soils report and engineering geology report, unless this requirement is waived by the Director.
4.
Other Reports. Any other data or reports deemed necessary by the Department.
B.
If the City Engineer has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the Director. Such soils and/or geologic investigation shall address the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The City may approve the subdivision, or portion thereof, where soils or geologic problems exist if the City determines that the recommended actions provide for acceptable procedures and design criteria for corrective measures. A condition of the issuance of any foundation permit will require that the approved recommended action be completed and certified as having been done in compliance with the report.
C.
When preliminary soils and/or geology reports are prepared, final reports shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall contain complete and sufficient field data to indicate full compliance with the preliminary report or subsequent progress report recommendations as they were applied to specific areas or improvements. If the report is found to be incomplete, inaccurate, or unsatisfactory, the Director may require additional information or may reject the report.
D.
A preliminary soils and/or geology report may be waived by the Director provided the Director finds that, due to the knowledge the City has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution, and strength of the existing soils, and the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development.
(3254-11/94)
§ 251.08 Hearings and Action.
A.
Notice of Public Hearings. Upon receipt of an application that is accepted as complete, the Department shall set a date for a public hearing, provide notice as required by Chapter 248 and prepare a report with recommendations. A copy of the Department report shall be forwarded to the subdivider at least three working days prior to the public hearing.
B.
Planning Commission Action. The Planning Commission or Zoning Administrator as the case may be, shall approve, conditionally approve, or deny a tentative map within 50 days after the tentative map has been accepted. This time period shall commence after certification of the environmental impact report, adoption of the negative declaration, or determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
C.
Factors to Be Considered. In reaching a decision upon the tentative map, the Planning Commission or Zoning Administrator 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.
Approval. The tentative map may be approved or conditionally approved if the following findings are made:
1.
That the proposed map is consistent with the General Plan or any applicable specific plan, or other applicable provisions of this Code;
2.
That the site is physically suitable for the type and density of development;
3.
That the design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission or Zoning Administrator may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;
4.
That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided.
(3254-11/94, 4230-7/21)
§ 251.10 Waiver of Time Limits for Zoning Administrator or Planning Commission Action.
Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or Zoning Administrator. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project.
(3254-11/94)
§ 251.12 Appeals of Planning Commission or Zoning Administrator Action.
§ 251.14 Expiration.
The approval or conditional approval of a tentative map shall expire 24 months from its approval. The period of time may be lengthened if the project is subject to Section 66452.6(a), (b) and (c) of the Subdivision Map Act.
(3254-11/94)
§ 251.16 Extensions.
A.
Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Department. The application and any required fee shall be filed not less than 30 days before the map is to expire and shall state the reasons for requesting the extension.
B.
Action. The Department shall review the request, determine whether a public hearing is required based on changing conditions in the area, and submit the application for the extension, together with a report, to the Planning Commission or Zoning Administrator for approval, conditional approval, or denial at the next scheduled meeting. A copy of the Department's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. After conducting a public hearing or reviewing the request, the Planning Commission or Zoning Administrator may approve or deny the requested extension.
C.
Time Limit of Extensions. The time at which the tentative map expires may be extended for a period of time of up to one year, with a maximum of three one-year extensions of time. The extensions of time shall commence with the expiration date of the approved or conditionally approved tentative map. The approved new date shall not extend more than five years beyond the date of initial approval.
(3254-11/94)
§ 251.18 Amendments to Approved or Conditionally Approved Tentative Map.
A.
Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the Department upon application by the subdivider provided:
B.
The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the Director. Amendments to the tentative map conditions of approval which, in the opinion of the Department, are not minor, shall be presented to the Planning Commission or Zoning Administrator for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. Any approved amendment shall not alter the expiration date of the tentative map, but extensions may be granted under the provisions of Section 251.16.
(3254-11/94)
§ 251.20 Waiver of Parcel Map Requirements.
A.
The Zoning Administrator may, at his or her discretion, waive the requirements for a parcel map for the following:
1.
Division of real property or interests therein created by eminent domain procedures, partition, or other civil judgments or decrees.
2.
Division of property resulting from conveyance of land or interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.
3.
Division of property which has been merged pursuant to this title, the Subdivision Map Act or any prior ordinance of the City.
4.
A subdivision of four parcels or less wherein each resulting parcel contains a gross area of 40 acres or more.
5.
A subdivision of four parcels or less only for the purpose of leasing the parcels resulting from such subdivision.
6.
A consolidation of four or less contiguous parcels under the same ownership which were created under the provisions of this chapter and when consolidated contain less than five acres, abutting upon a maintained public street or highway and no dedications or improvements are required by this chapter or by the Zoning Administrator.
B.
The Zoning Administrator, in consultation with the City Engineer, shall make a finding that the proposed division of land complies with requirements as to: (1) area; (2) the City's standard engineering specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and (3) other requirements of the Subdivision Map Act and this Code.
C.
Upon the waiver of the parcel map requirement pursuant to this section, the Department shall file with the County Recorder a certificate of compliance for the land to be divided, and a plat map showing the division. The certificate shall include a certificate by the County Tax Collector in accordance with the Subdivision Map Act.
D.
A waiver by the Zoning Administrator may be conditioned to provide for payment by the subdivider of parkland dedication, drainage, and other fees by a method approved by the Zoning Administrator.
(3254-11/94)
§ 252.02 Application.
A.
Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for a development, a vesting tentative map may instead be filed.
B.
If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
(3254-11/94)
§ 252.04 Filing and Processing.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in Chapter 251 for a tentative map except as hereinafter provided:
A.
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
B.
The design and specifications for all public facilities including but not limited to on-and off-site sewer, water, drainage, roads, and other improvements. The subdivider shall submit detailed geological, drainage, flood control, soils, traffic, or other reports deemed necessary by the City Engineer and director to permit a complete review of the design and improvements for the subdivision. For subdivisions over five parcels, the subdivider shall also submit a fiscal impact report prepared by an independent economic analyst, evaluating the projected impacts the development may have on City services. This report shall also include marketing and cost benefit information for the project.
(3254-11/94)
§ 252.06 Fees.
A.
Upon filing a vesting tentative map, the subdivider shall pay all required fees and/or deposits for checking and processing maps, plans and reports.
B.
The Director may determine the amount of all other fees required by this title either at the time of final map or parcel map approval or when an application for the building permit is made, provided that park and recreation fees may not be deferred.
(3254-11/94)
§ 252.08 Expiration.
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Section 251.14 of this title for the expiration of the approval or conditional approval of a tentative map.
(3254-11/94)
§ 252.10 Rights of a Vesting Tentative Map.
A.
The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval or conditional approval of a 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 the vesting.
B.
Notwithstanding Section 252.10(A), a permit, approval, extension, or entitlement may be conditioned or denied if any of the following are determined:
C.
The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 252.08. If the final map is approved, these rights shall last for the following periods of time:
1.
An initial time period of one year beyond the recording of the final map or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps or parcel maps must be recorded within the time period set forth in Section 252.10 or the vesting tentative map approval shall expire for those lots for which final maps or parcel maps are not timely recorded.
2.
The one-year initial time period set forth in Section 252.10(C)(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for any required design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.
3.
A subdivider may apply to the Planning Commission, in the case of final maps, or to the Zoning Administrator, in the case of parcel maps, for a one-year extension at any time before the initial time period set forth in (C)(1) expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days in accord with Section 252.12.
4.
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections 252.10(C)(1) through (3), the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(3254-11/94)
§ 252.12 Amendment to Approved Vesting Tentative Map.
Amendments to the approved or conditionally approved vesting tentative map shall be made in accord with Section 251.16.
(3254-11/94)
§ 252.14 Development Inconsistent with Zoning.
A.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with Titles 20 through 24 of this Code, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in zoning to eliminate the inconsistency. If the change in zoning is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 252.10, confer a vested right to proceed with the development in substantial compliance with the change in zoning, as approved.
(3254-11/94)
§ 253.02 General.
The form, contents, accompanying data, and filing of a final map or a parcel map shall conform to the provisions of the Subdivision Map Act and this chapter. The final map or parcel map shall be prepared by or under the direction of a California registered civil engineer or California licensed land surveyor.
(3254-11/94)
§ 253.04 Phasing.
A.
Multiple final maps or parcel maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if (1) the subdivider, at the time the tentative map is filed, notifies the Director in writing of the subdivider's intention to file multiple final maps on the tentative map; or (2) after filing of the tentative map, the Director and the subdivider concur in the filing of multiple final maps. In submitting such a request, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.
B.
The filing of a final map or parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number.
(3254-11/94)
§ 253.06 Survey Required.
A.
An accurate and complete survey of the land to be subdivided shall be made by a California registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1:10,000.
B.
At the time of making the survey for the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments, conforming with the standards of the Business and Professions Code, so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map or parcel map. Other monuments shall be set as required by the City Engineer.
(3254-11/94)
§ 253.08 Form.
The form of the final map or parcel map shall conform to the Subdivision Map Act, and be approved by the City Engineer. The final map or parcel map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with black opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility. The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than 1″ = 100′ or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end.
(3254-11/94)
§ 253.10 Contents.
The contents of the final map or parcel map shall conform to the Subdivision Map Act and as follows:
A.
Boundary. The boundary of the subdivision shall be designated by a heavy black line, three times heavier than the next heaviest line on the map other than the margin, in such a manner as not to obliterate figures or other data.
B.
Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "City of Huntington Beach, County of Orange, California."
C.
Certificates and Acknowledgments. All certificates and acknowledgments shall be made as required by the Subdivision Map Act (Sections 66433 et seq.) and shall appear only once on the cover sheet.
D.
Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north point and the basis of bearings based on the California Coordinate System (NAD83), 1990 adjustment or current adjustment as directed by the City Engineer as established by the use of existing monuments, global positioning system (GPS) or by astronomic observation.
E.
Linear, Angular and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.
F.
Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at, or on City Engineer approved offsets, the following locations:
G.
Parcel Numbers. Parcel numbers shall begin with the number one in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event parcel numbers may begin with the next consecutive number following the last number in the preceding unit. Each parcel shall be shown entirely on one sheet of the final map or parcel map, unless approved by the City Engineer.
H.
Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision. If no subdivision is adjacent, then the adjacent property shall be identified by the name of the owner and reference to the recorded deed by book and page number for the last record owner.
I.
City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.
J.
Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.
K.
Easements and Dedications.
1.
Easements and dedications for roads or streets, paths, water mains, stormwater drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map. If at the time the final map or parcel map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.
2.
The City may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.
3.
Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.
4.
The sidelines of all easements of record shall be shown by dashed lines on the final map or parcel map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.
L.
Open Space Areas. Open space areas, including greenbelts and open space corridors, may be shown, subject to the approval of the City. Such areas shall be dedicated as open space easements unless otherwise specified in the approval of the tentative map, and the subdivider shall agree to allow such land to be included within an open space maintenance assessment district if proposed by the City.
(3254-11/94)
§ 253.12 Preliminary Submittal for City Approval.
The subdivider shall submit prints of the final map or parcel map to the City Engineer for checking. The City Engineer may waive any of the requirements if the location and nature of the final map or parcel map does not need compliance with this section. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the City Engineer and, where applicable, the City Attorney and Director:
B.
A soils report prepared in accordance with this title.
C.
A title report not more than six months old, showing the legal owners at the time of submittal of the final map or parcel map.
D.
A certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes that are a lien but not yet payable has been filed with the county.
E.
Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map or parcel map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.
F.
Traverse closures for the boundary blocks, parcels, easements, street centerlines and monument lines.
G.
Complete hydrology and hydraulic calculations of all drainage systems.
H.
For a cooperative apartment project, condominium, stock cooperative, or conversion, the proposed Declaration of Covenants, Conditions and Restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision, as are appropriate pursuant to Section 1363 of the Civil Code; for all other subdivisions any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All governing documents shall be subject to review and approval by the Director and City Attorney.
I.
A guarantee of title, in form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall be continued complete up to the instant of recording of the final map or parcel map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary.
J.
In the event drainage structures, grading, paving, or other required improvements have not been completed prior to the presentation of the final map or parcel map, an agreement in accordance with the requirements of Section 255.14 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Section 255.16.
K.
Liability Agreement and Insurance.
1.
A hold-harmless agreement acceptable to the City Engineer and City Attorney obligating the subdivider to hold the City and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision.
2.
A certificate of insurance or contractual liability endorsement acceptable to the City Attorney naming the City as additional insured and reporting to the City the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or his/her subcontractors in connection with the subdivision.
3.
The City Attorney, in consultation with the City Manager or his/her designee, may waive the requirement for a certificate of insurance or contractual liability endorsement if evidence satisfactory to the City Attorney is submitted indicating the subdivider's inability to obtain such a certificate or endorsement naming the City as an additional insured.
L.
Any additional data, reports, or information as required by the City Engineer, City Attorney or Director.
(3254-11/94)
§ 253.14 Review by City Engineer.
The City Engineer shall review the final map or parcel map. The subdivider shall make corrections and/or additions until the map is acceptable to the City Engineer.
(3254-11/94)
§ 253.16 Approval by City Engineer.
The subdivider shall submit to the City Engineer the original tracing of the final or parcel map, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on any duplicates. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original final map to the City Clerk. The City Engineer shall approve the parcel map if it complies with the requirements of the Subdivision Map Act, this chapter, the tentative map and all conditions thereof and transmit the parcel map to the City Clerk.
(3254-11/94)
§ 253.18 Final Map Approval by City Council.
A.
The final map approved by the City Engineer as complying with the approved or conditionally approved tentative map shall be filed with the City Council for approval after all required certificates have been signed. The date the map shall be deemed filed with the City Council is the date on which the City Clerk receives the map. The City Council shall consider approval of the subdivision improvement agreement and improvement security before approving the final map.
B.
If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the Mayor to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable, the City Council shall make its recommended corrections, instruct the City Engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted.
C.
The City Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction or installation of off-site improvements on land which neither the subdivider nor the City has sufficient title or interest to permit the improvements to be made. In this case, the City shall follow the procedure according to Section 255.04.
(3254-11/94)
§ 253.20 Limitation on Denial by City Council.
The City Council shall not deny approval of the final map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final map is in compliance with the requirements of the General Plan, any applicable adopted specific plans, Titles 20 through 24 of this Code, the Subdivision Map Act, this chapter, the tentative map and all conditions thereof, and all other applicable provisions of this Code.
(3254-11/94)
§ 253.22 Filing with the County Recorder.
Upon approval of the final map by the City Council, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent transmit the map, to the County Recorder. Upon receipt of the parcel map approved by the City Engineer, the City Clerk shall transmit the map, or have an authorized agent transmit the map, to the County Recorder subject to the provisions of Section 66464 of the Subdivision Map Act.
(3254-11/94)
§ 253.24 Requirements for Correction and Amendment of Maps.
A.
After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map:
1.
To correct an error in any course or distance shown thereon;
2.
To show any course or distance that was omitted therefrom;
3.
To correct an error in the description of the real property shown on the map;
4.
To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
5.
To show the proper location of any monument that has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character;
6.
To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right. Errors and omissions may include, but are not limited to, parcel numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map;
7.
To make modifications when there are changes that make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modification shall be set for public hearing by the Planning Commission or the Zoning Administrator in accord with Section 250.12. The Planning Commission or Zoning Administrator shall confine the hearing to consideration of, and action on, the proposed modification.
B.
Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of this title. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.
C.
Application Requirements. Any request for a lot line adjustment shall be accompanied by a map showing existing boundaries and the proposed change, consent of any party or entity holding beneficial interest in the property, and such other information as may be required by the Director.
D.
Submittal and Approval by City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in this section, this fact shall be certified by the City Engineer on the amending map or certificate of correction.
E.
Filing with the County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed.
(3254-11/94)
§ 254.02 Dedication of Streets, Alleys and Other Public Rights-of-Way or Easements.
As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer to dedicate, all parcels of land within the subdivision that are needed for required improvements, including access rights and abutters' rights. In addition, the subdivider shall construct or agree to construct all required improvements in accord with Chapter 255.
§ 254.04 Waiver of Direct Access Rights.
The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall be reflected in an appropriate title document, which shall be recorded, and shall become effective in accordance with its provisions.
§ 254.06 Dedications.
All dedications of property to the City for public purposes shall be made in fee title, except that, at the City's discretion, the grant of an easement may be taken for the following purposes: open space easements, scenic easements, street easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication.
§ 254.08 Parkland Dedication.
This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City including the power to zone and the power to implement open space and recreational elements of the General Plan. This section is adopted to implement the provisions of the Quimby Act which authorizes the City to require the dedication of land for park and recreational facilities or payment of in-lieu fees incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a residential subdivision. The park and recreational facilities for which dedication of land and/or payment of an in-lieu fee as required by this section are in accordance with the policies, principles and standards for park, open space and recreational facilities contained in the General Plan.
A.
The general purposes and objectives of this section are:
1.
To preserve, enhance and improve the quality of the physical environment of the City of Huntington Beach;
2.
To provide a procedure for the acquisition, development and rehabilitation of local park and recreational facilities;
3.
To secure for the citizens of Huntington Beach the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities;
4.
To establish conditions which will allow park and recreational facilities to be provided and to exist in harmony with surrounding and neighborhood land uses;
5.
To ensure that adequate park and recreational facilities will be provided;
6.
To provide regulations requiring five usable acres, or the proportionate share thereof, having a grade not exceeding two percent, for each 1,000 persons residing within the City to be supplied by persons proposing residential subdivisions.
B.
Requirements.
1.
The requirements of this section shall be complied with by the dedication of land, payment of a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this section. The amount and location of land dedicated or the fees to be paid, or both, shall be used for acquiring, developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities in such a manner that the locations of such parks and recreational facilities bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication or fees, or both. Dedications for trails shall not be included as part of any requirements for park or recreational dedication.
2.
Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable in the opinion of the Director and the Director of Community Services in location, topography, environmental characteristics and development potential as related to the intended use. The primary intent of this section shall be construed to provide the land for passive and active recreation, including but not limited to, tot lots, play lots, playgrounds, neighborhood parks, playfields, community or regional parks, lakes, picnic areas, tree groves or urban forests, and other specialized recreational facilities that may serve residents of the City. Principal consideration shall be given therefore to lands that offer:
a.
A variety of recreational potential for all age groups;
b.
Recreational opportunities provided and maintained in a manner that will permit the maximum use and enjoyment by residents of the City of Huntington Beach;
c.
Possibility for expansion or connection with school grounds;
d.
Integration with hiking, riding and bicycle trails, natural stream reserves and other open space;
e.
Coordination with all other park systems;
f.
Access to at least one existing or proposed public street.
C.
General Standard. It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes.
D.
Standards and Formula for Dedication of Land. Where a park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the present and future needs of the residents of the subdivision, the subdivider shall dedicate land for park and recreation facilities sufficient in size and topography to meet that purpose. The amount of land to be provided shall be determined pursuant to the following standards and formula:
A = 5.0 (DF x No. DU) |
1000 |
2.
When a proposed subdivision contains dwelling units with different density factors, the formula shall be used for each such density factor and the results shall be totaled.
3.
Dedication of parkland shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.
E.
Density.
1.
The amount of land dedicated or fees paid shall be based upon residential density, which is determined on the basis of the approved tentative map and the average number of persons per household. The average number of persons per household by unit in a structure shall be established by City Council resolution and be derived from the most recent available federal census or state or City population and housing data.
2.
The number of dwelling units in a subdivision shall be the number proposed for construction. When the actual number of units to be constructed is unknown, it shall be assumed for the purposes of this chapter that the maximum number permissible by law will be constructed.
F.
Standard Improvements. The dedication of land for park and recreational purposes shall not be deemed to waive any other requirements that may be imposed by the City. The subdivider may, at the time of the approval of the tentative map, be obligated by condition to said map to provide curbs, gutters, sidewalks, drainage facilities, street lighting, stop lights, street signs, matching pavement and street trees to full City standards, to stub-in requested standard improvements required for residential property plus initial on-site grading required for developing the park facility. In lieu of making said improvements and upon approval of the Planning Commission or City Council, whichever acts last on the tentative map, the subdivider may pay a sum as estimated by the Director of Public Works sufficient to cover the cost of said improvements. The environmental condition of any land dedicated pursuant to this section shall satisfy all federal, state and local requirements applicable to parkland and recreational facilities.
G.
Fees in Lieu of Land Dedication.
1.
General. Whenever the requirements of this section are met solely on the basis of the payment of a fee in lieu of land dedication, the subdivider shall pay a fee in lieu of dedication according to a schedule adopted by City Council resolution.
2.
Fees in Lieu of Land—50 Parcels or Less. If the proposed subdivision contains 50 parcels or less and has no park or recreational facility, the subdivider shall pay a fee according to a schedule adopted by City Council resolution. When a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.
3.
Use of Fees. The fees paid to the City pursuant to this section and the interest accrued from such fees shall be used, in accordance with the schedule developed pursuant to Section 254.08(M), for the purpose of acquiring, developing new, or rehabilitating existing, neighborhood or community park or recreational facilities reasonably related to serving the subdivision, including the purchase of necessary land and/or improvement of such land for park or recreational purposes. All fees collected pursuant to this section shall be transferred for deposit into a separate fund and used solely for the purposes specified in this section. All monies deposited into the fund shall be held separate and apart from other City funds. All interest or other earnings on the unexpended balance in the fund shall be credited to the fund. The money deposited in the fund account shall be committed to the partial or full completion of necessary purchases or improvements within five years after payment thereof or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of each lot bears to the total area of all lots in the subdivision. Any requests for refunds shall be submitted to the Director in accordance with the procedures set forth in Section 254.08(P).
H.
Criteria for Requiring Both Dedication and Fee. If the proposed subdivision contains more than 50 lots, the subdivider shall both dedicate land and pay a fee in lieu of dedication in accordance with the following:
1.
When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park or recreational facility, such portion shall be dedicated for local park purposes and shall be a credit toward the payment of in-lieu fees at the parkland acquisition and development cost per acre used to develop the in-lieu fee.
2.
When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such portion shall be dedicated, and shall be a credit toward the payment of in-lieu fees at the parkland acquisition and development cost per acre used to develop the in-lieu fee.
3.
The fee shall be used for the improvement of the existing park or recreational facility or for the improvement of other neighborhood or community parks and recreational facilities reasonably related to serving the subdivision.
I.
Amount of Fee in Lieu of Park Land Dedication. Where a fee is required to be paid in lieu of parkland dedication, such fee shall be according to a schedule adopted by City Council resolution.
1.
Land Acquisition Cost Adjustment Challenge. If the subdivider objects to the parkland acquisition cost per acre used to develop the in-lieu fee pursuant to a schedule adopted by City Council resolution, the subdivider may, as outlined below, pay for an appraisal of the property to be developed to see if the fair market value of the land is less than the parkland acquisition cost per acre. Conversely the City retains the ability to increase the in-lieu fee in areas where the fair market value of land exceeds the parkland acquisition cost per acre.
2.
Fair market value of the land shall be determined by a qualified real estate appraiser who currently holds the MAI designation from the Appraisal Institute and has been selected and retained by the City at the expense of the subdivider ("qualified real estate appraiser"). The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. The date of value of the property for purposes of the appraisal shall be within 60 days of payment of the fee as referenced in Section 254.08(L).
[Ordinance. No. 3827 (expired 4/15/10) and Ordinance No. 3879, effective from 5/3/10 to 5/3/11, temporarily deferred the payment of certain Development Impact Fees.]
3.
If the subdivider objects to the fair market value as determined by the qualified real estate appraiser, the subdivider may request an appeal by a hearing officer within 10 days. The hearing officer provided for this appeal process shall be from a list provided by the Director or one selected by the mutual consent of the parties. The subdivider shall have the burden of proof in contesting the fair market value appraisal. All decisions rendered by the hearing officer shall be final for all purposes, and binding upon the parties. If the subdivider does not request an appeal within 10 days, the original decision shall stand, be final for all purposes, and binding upon the parties. If the deadline falls on a weekend or a holiday, the deadline extends to the next succeeding working day.
[Ordinance. No. 3827 (expired 4/15/10) and Ordinance No. 3879, effective from 5/3/10 to 5/3/11, temporarily deferred the payment of certain Development Impact Fees.]
J.
Determination of Land or Fee. Whether the City accepts land dedication, or elects to require the payment of a fee in lieu of, or a combination of both, shall be determined by the Director after consideration of the following:
1.
Policies, standards and principles for park and recreational facilities in the General Plan;
2.
Topography, geology, access and location of land in the subdivision available for dedication;
3.
Size and shape of the subdivision and land available for dedication;
4.
Feasibility of dedication;
5.
Compatibility of dedication with the General Plan;
6.
Availability of previously acquired park property.
The determination by the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination of both, shall be final and conclusive. |
K.
Credit for Improvements and Private Open Space.
1.
If the subdivider provides park and recreational improvements to the dedicated land other than those referenced in Section 254.08(F), the value of the improvements together with any equipment located thereon shall be a credit toward the payment of fees or dedication of land required by this section.
2.
Common interest developments as defined in Section 1351 of the California Civil Code shall receive partial credit, not to exceed 50%, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development, which is usable for active recreational uses, if the City Council, on the recommendation of the Community Services Commission, finds that it is in the public interest to do so, and that the following standards are met:
a.
That yards, court areas, setbacks and other open areas required by Titles 20 through 24 (Zoning) shall not be included in the computation of the private open space;
b.
That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions;
c.
That the use of the private open space is restricted to park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property, and which cannot be defeated or eliminated without the consent of the City or its successor;
d.
That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
e.
That facilities proposed for the open space are in substantial accord with the provisions of the General Plan.
L.
M.
Schedule of Use. At the time of the approval of the final map or parcel map, the City shall make a preliminary determination of how, when, and where it will use the land or fees, or both, to develop or rehabilitate park or recreational facilities to serve the residents of the subdivision. Final scheduling of improvements to these new or rehabilitated parks or recreational facilities shall be made as part of the City's capital improvement program.
N.
Not Applicable to Certain Subdivisions. The provisions of this section do not apply to (1) commercial or industrial subdivisions; or (2) to condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
O.
Exemptions.
1.
The following development shall be exempt from the payment of fees pursuant to this section:
Development of real property into housing units that are either rented, leased, sold, conveyed or otherwise transferred, at a rental price or purchase price which does not exceed the "affordable housing cost" as defined in Section 50052.5 of the California Health and Safety Code when provided to a "lower income household" as defined in Section 50079.5 of the California Health and Safety Code or "very low income household" as defined in Section 50105 of the California Health and Safety Code, and provided that the applicant executes an agreement, in the form of a deed restriction, second trust deed, or other legally binding and enforceable document acceptable to the City Attorney and binding on the owner and any successor-in-interest to the real property being developed, guaranteeing that all of the units developed on the real property shall be maintained for lower and very low income households whether as units for rent or for sale or transfer, for the lesser of a period of 30 years or the actual life or existence of the structure, including any addition, renovation or remodeling thereto.
2.
Exemptions shall only be granted when the following findings can be made:
a.
The project meets the minimum on-site private and common open space requirements; or
b.
The exemption will not individually or cumulatively result in adverse impacts to public recreational opportunities in the coastal zone; and
c.
The exemption will not individually or cumulatively lead to overcrowding or overuse of public facilities by the public in any single area in the coastal zone.
P.
Appeals. Any person may appeal a determination of the City regarding the interpretation and implementation of this section. Any such appeal shall be filed with the Director consistent with the requirements of Section 248.24 of the Huntington Beach City Zoning and Subdivision Ordinance.
Q.
Refunds. Requests for refunds of in-lieu fees paid pursuant to this section may be directed to the Director at any time. The Director may approve of a refund or a partial refund of park fees paid or release of security instruments when the following has been verified:
1.
That the refund amount requested corresponds to the amount of fees actually deposited in the fund account established pursuant to Section 254.08(G)(3) for a given number of dwelling units; and
2.
That the local park requirement for the dwelling units in question had been met by actual Council acceptance of parkland, or by an irrevocable recorded offer to dedicate a parkland on a final tract map or parcel map; or
3.
The subdivision or building permit approval for which fees were required has been withdrawn or is otherwise no longer valid.
(3468-8/00, 3562-7/02, Res. 2004-80-9/04, 3827-4/09, 3879-6/10, 3960-11/12)
§ 254.10 School Site Dedication.
A.
General. As a condition of approval of a tentative map, a subdivider who develops or completes the development of one or more subdivisions within one or more school districts maintaining an elementary school shall dedicate to the school district or districts such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service.
B.
Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City Council the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map or parcel map on any portion of the subdivision.
C.
Payments to Subdivider for School Site Dedication. The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
1.
The cost of any improvements to the dedicated land since acquisition by the subdivider;
2.
The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;
3.
Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
§ 254.12 Reservations.
A.
General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.
B.
Standards for Reservation of Land.
1.
Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible.
2.
The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C.
Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless the period of time is extended by mutual agreement.
D.
Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.
E.
Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.
§ 254.14 Local Transit Facilities.
As a condition of approval of a tentative map, the subdivider shall dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, park-and-ride facilities and similar items which directly benefit the residents of the subdivision, if (1) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan or contains 100 acres or more; and (2) if the City finds that transit services are or will be, within a reasonable time period, made available to the subdivision.
§ 254.16 Bridges and Major Thoroughfares.
The subdivider shall be required to pay a fee for the impacts of their proposed development on the City transportation system in accordance with Chapter 17.65 of the Huntington Beach Municipal Code.
§ 254.18 Supplemental Improvement Capacity.
A.
As a condition of approval of a tentative map, the City may impose a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
B.
The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.
C.
No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
D.
In addition to the notice required by Chapter 248, written notice of the hearing shall be mailed to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time (10 days prior to the date established for the hearing).
§ 254.20 Drainage Fees.
The subdivider shall be required to pay a fee for the development of drainage facilities in accordance with Chapter 14.48 of the Huntington Beach Municipal Code.
§ 254.22 Solar Access Easements.
A.
As a condition of approval of a tentative map, the City may impose a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. In establishing such easements, the City shall consider the feasibility, contour, configuration of the parcel to be divided, and cost. Required easements shall not result in reducing allowable densities or the percentage of a parcel which may be occupied by a building or a structure under applicable planning and zoning provisions in force at the time such tentative map is filed.
B.
At the time of tentative map approval, the Zoning Administrator or the Planning Commission, as may be the case, shall specify: (1) the standards for determining the exact dimensions and locations of such easements; (2) any restrictions on vegetation, buildings and other objects that would obstruct the passage of sunlight through the easement; and (3) conditions, if any, under which an easement may be revised or eliminated.
C.
This section is not applicable to conversion projects.
§ 254.24 Other Public Facilities.
As a condition of approval of a tentative map, the subdivider shall be required to dedicate land, pay fees, or both, for fire stations, library sites, child day care, public art or any other public facilities pursuant to, and in order to implement, the provisions of the General Plan regarding such facilities.
§ 255.02 General.
The subdivider shall construct all required improvements both on-and off-site, in accordance with standard engineering specifications and other approved standards as provided by this chapter. No final map shall be presented to the City Council or parcel map to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.
(3254-11/94)
§ 255.04 Improvements Required.
A.
General. All improvements as may be required as conditions of approval of the tentative map or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions by parcel map shall be noted on the parcel map, waiver of parcel map, or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.
B.
Frontage Improvements. The frontage of each parcel shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.
C.
Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.
D.
Sanitary Sewers. Each unit or parcel within the subdivision shall be served by an approved sanitary sewer system.
E.
Water Supply. Each unit or parcel within the subdivision shall be served by an approved domestic water system.
F.
Utilities. Each unit or parcel within the subdivision shall be served by gas (if required), electric, telephone and cablevision facilities.
G.
Underground Utilities.
1.
All proposed utilities within the subdivision and along frontage streets shall be placed underground consistent with Chapter 17.64 of the Huntington Beach Municipal Code. Existing utilities within the subdivision shall be placed underground unless specifically exempted by Public Utilities Commission regulations.
2.
The developer may request that the Planning Commission, or the Zoning Administrator, as the case may be, waive the requirement to underground existing or proposed utilities along frontage streets. The Planning Commission or Zoning Administrator, may, at its discretion, require a fee in lieu of the undergrounding.
a.
If the undergrounding requirement along frontage streets is waived, the City Engineer may require the developer to install a service panel or other acceptable facility to facilitate conversion to underground utilities at a future date.
b.
The amount of fee shall be determined by the City Engineer and shall be based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or payment of an in-lieu fee and shall be a condition of approval of the tentative map.
3.
Requirements to place existing and proposed utilities underground throughout the subdivision may be waived or modified by the Planning Commission or Zoning Administrator, as the case may be, only upon finding:
4.
If the undergrounding requirement is waived as allowed in subparagraph (G)(3) of this section, an in-lieu fee as established by the City Engineer shall be made a condition of approval of the tentative map.
5.
In-lieu fees shall be deposited in a special account to be used as approved by the City Council for future undergrounding of utilities throughout the City.
H.
Other Improvements. Other improvements such as street lights, fire hydrants, signs, street trees and shrubs, and monuments, or fees in lieu of any of the foregoing, shall also be required as determined by the City Engineer in accord with this Code and City standards and specifications.
I.
Off-Site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the City shall, within 120 days of recording the final map, begin the process of acquiring by negotiation or condemning the land. If the City fails to begin this process within 120 days, the condition for the construction shall be waived.
Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or an interest in the land. The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.
(3254-11/94)
§ 255.06 Deferred Improvement Agreements.
A.
Subdivisions of Four or Fewer Parcels. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred, the subdivider and/or owner of the real property shall enter into an agreement with the City in form acceptable to the City Engineer and City Attorney, for the installation of all frontage improvements at a time in the future as specified by the City. The agreement shall provide:
1.
Construction of improvements shall commence within 90 days of the receipt of the notice to proceed from the City.
2.
That in the event of a default by the subdivider and/or owner, operator, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid.
3.
That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein. The agreement shall also constitute a lien in such amount necessary to fully reimburse the City, including interest as provided above, subject to foreclosure in the event of a default in payment.
4.
That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorneys' fees, and that the same shall become a part of the lien against the real property.
5.
That the terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.
The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this Code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable provisions of this title in effect at the time of construction. |
B.
Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of the remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of:
(3254-11/94)
§ 255.08 Design.
A.
General. The design and layout of all required improvements, both on-and off-site, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, the Subdivision Map Act and applicable provisions of this Code.
B.
Energy Conservation. The design of a subdivision for which a tentative map is required excluding conversions, shall provide to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
1.
For the purpose of this subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
2.
Compliance with this provision shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.
C.
Cable Television Service. A subdivider for a residential project, excluding conversions, is required to provide one or more franchised or licensed operators serving the area an opportunity to construct, install and maintain, on land dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential lot in the subdivision.
D.
Water Conservation. All applicable requirements of the Regional Water Conservation Plan adopted by the City shall be incorporated into the design of a subdivision for which a tentative map is required, excluding subdivisions.
(3254-11/94)
§ 255.10 Access.
All parcels created shall have access to a public street improved to City standards. Private streets shall not normally be permitted; however, if the Planning Commission or Zoning Administrator determines that the most logical development of the land requires that parcels be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of any proposed private street, the topography and means of access to each parcel, and the drainage and sewerage of the parcels served by such private street. Construction of the private street, as approved by the City Engineer, shall be completed prior to the completion of the construction and/or occupancy of the parcels. The subdivider shall be required to provide a feasible method for the maintenance of such private streets.
(3254-11/94)
§ 255.12 Improvement Plans.
A.
General. Improvement plans shall be prepared under the direction of and signed by a California registered civil engineer; and shall conform to the standard engineering specifications of the City. Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets and related facilities.
B.
Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates and any structural calculations, as may be required, shall be submitted with the improvement plans to the City Engineer. All calculations shall be legible, systematic and signed and dated by a California registered civil engineer in a form approved by the City Engineer.
C.
Review by the City Engineer. The subdivider shall submit the improvement plans and all computations to the City Engineer for review. Within 60 working days of submittal, the City Engineer shall complete this review and return to the subdivider one set of the preliminary improvement plans, with any required revisions indicated. The 60-working-day period shall not include any days during which the improvement plan has been returned to the subdivider for correction, has been subject to review by other than the City Engineer, or following that review, has been returned to the subdivider for correction.
D.
Approval by the City Engineer.
1.
After completing any required revisions, the subdivider shall transmit the originals of the improvement plans to the City Engineer for signature and retention.
2.
Upon finding that any required revisions have been made and that the plans conform to all applicable City ordinances and plans, design requirements and conditions of approval of the tentative map, the City Engineer shall sign and date the plans.
3.
Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.
4.
Approval by the City Engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative map.
E.
Revision to Approved Plans.
1.
By Subdivider.
a.
Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the City Engineer and consistent with the tentative map, the originals shall be revised and returned to the City Engineer's office for initialing and retention.
b.
Construction of any proposed revision will not be permitted to commence until the revised plans have been approved by the City Engineer.
2.
By City Engineer.
a.
When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the City Engineer for initialing within the time specified by the City Engineer. Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the City Engineer. Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted.
b.
The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within seven working days following receipt of the request to revise the plans.
3.
Plan Checking and Inspection Costs for Revisions. Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider in accord with the schedule of fees adopted by the City. A deposit, when required, shall be submitted with the revised plans and applied toward the actual costs.
(3254-11/94)
§ 255.14 Improvement Agreement.
The improvement agreement shall be prepared and signed by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:
A.
Construction of all improvements, including any required off-site improvements, according to the approved plans and specifications on file with the City Engineer.
C.
Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties.
D.
Payment of inspection fees in accordance with the City's resolution.
E.
Payment of in-lieu fees for undergrounding of utilities on frontage streets.
F.
Improvement security as required by this chapter.
G.
Maintenance and repair of any defects or failures and their causes.
H.
Release and indemnification of the City from all liability incurred in connection with the development and payment of all reasonable attorneys' fees that the City may incur because of any legal action or other proceeding arising from the development.
I.
Any other deposits, fees or conditions as required by City ordinance or resolution and as may be required by the City Engineer.
J.
Right of the City to withhold occupancy permits until completion of improvements.
K.
Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.
(3254-11/94)
§ 255.16 Improvement Security.
A.
General. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accord with Section 66499 et seq. of the Subdivision Map Act and as provided below. No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.
B.
Form of Security. The form of security shall be one or a combination of the following at the option and subject to the approval of the City:
1.
Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Subdivision Map Act.
2.
A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.
3.
An irrevocable instrument of credit or letter of credit from one or more financial institutions regulated by the state or federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment and will only be released upon receipt of written instructions from the City.
4.
Any other form of security, acceptable to the City, as provided in Section 66499 of the Subdivision Map Act.
C.
Amount of Security.
1.
A performance bond or other security in the amount of 100% of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50% of the estimated construction cost shall be required to guarantee payment to subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in enforcing the obligations secured.
2.
The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:
a.
Not less than five percent nor more than 10% of the total construction cost for contingencies.
b.
Increase for projected inflation computed to the estimated midpoint of construction.
c.
All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation.
D.
Cash Bond. The subdivider shall deposit with the City not less than $1,000 cash for subdivisions by parcel map, and $3,000 for other subdivisions, or an additional amount as required by the City Engineer, not to exceed one percent of the total estimated construction cost. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the subdivider, contractor or subcontractors that may arise during or after the construction of the subdivision. Any unexpended amount will be returned to the subdivider at the time all bonds and other security are released.
E.
Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one year following completion and acceptance of the improvements. The amount of the warranty security shall not be less than 10% of the cost of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.
F.
Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 10% of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this title or the improvement agreement.
G.
Release of Improvement Security.
1.
Performance Security. The performance security shall be released only upon acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer.
2.
Material and Labor Security. Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the improvements by the City, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
3.
Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period, provided:
(3254-11/94)
§ 255.18 Construction and Inspection.
The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the City. Construction shall not commence until all required improvement plans have been approved by the City Engineer. All improvements are subject to inspection by the City Engineer or authorized personnel in accordance with the City's approved specifications.
(3254-11/94)
§ 255.20 Completion of Improvements.
A.
Subdivisions by Final Map.
1.
The improvements for subdivisions by final map shall be completed by the subdivider within 24 months, or a time as approved by the City Engineer, not to exceed 36 months, from the recording of the final map, unless an extension is granted by the City Council. Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any unit within the subdivision.
2.
Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.
B.
Subdivisions by Parcel Map. The completion of improvements for subdivisions by parcel map shall not be required until application for a permit or other grant of approval for the development of any parcel within the subdivision. The completion of the improvements may be required by a specified date by the City when the completion of the improvements are found to be necessary for public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or the issuance of an occupancy permit for any unit within the subdivision.
C.
Extensions.
1.
The completion date may be extended by the City Council, for subdivisions by final map, upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than 30 days prior to expiration of the subdivision improvement agreement.
2.
The subdivider shall enter into a subdivision improvement agreement extension with the City. For subdivisions by final map, the agreement shall be prepared and signed by the City Engineer, approved as to form by the City Attorney, executed by the subdivider and surety and transmitted to the City Council for its consideration. If approved by the City Council, the Mayor shall execute the agreement on behalf of the City.
3.
In consideration of a subdivision improvement agreement extension, the following may be required:
a.
Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;
b.
Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;
c.
Increase of improvement securities in accordance with revised construction estimates;
d.
Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.
4.
The City Council may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.
5.
The costs incurred by the City in processing the agreement shall be paid by the subdivider.
(3254-11/94)
§ 255.22 Acceptance of Improvements.
A.
General. When all improvement deficiencies have been corrected and record drawings of the improvements submitted, the subdivision improvements shall be considered by the City for acceptance. The completed improvements for subdivisions by final map or subdivisions by parcel map shall be considered and, if acceptable, accepted by the City Engineer. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.
B.
Acceptance. If the subdivision improvements have been accepted by the City and public improvements have been dedicated on the final map or parcel map, the City Clerk shall file an Acceptance of Public Improvements with the County Recorder.
C.
Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter.
(3254-11/94)
§ 256.02 General.
Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this chapter. Subdivisions also may be merged and resubdivided without reverting to acreage under the provisions of Chapter 251.
(3254-11/94)
§ 256.04 Initiation of Proceedings.
A.
By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition (in a form prescribed by the City Engineer) of all of the owners of record of the property.
B.
By City Council. The City Council, at the request of any person or on its own motion may initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings.
(3254-11/94)
§ 256.06 Contents of Petition.
The petition shall contain, but not be limited to, the following:
A.
Evidence of title to the real property.
B.
Evidence of the consent of all of the owners of an interest in the property.
C.
Evidence that none of the improvements required to be made has been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
D.
Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record.
E.
A final or parcel map, delineating dedications that will not be vacated and dedications required as a condition to reversion. Final or parcel maps shall be conspicuously designated with the title, "Reversion to Acreage."
(3254-11/94)
§ 256.08 Submittal of Petition to the City Engineer.
A.
The final or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the City Engineer for review.
B.
Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this chapter, the City Engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.
(3254-11/94)
§ 256.10 City Council Action.
A.
Notice and Public Hearing. A public hearing shall be held by the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 251.08.
B.
Findings for Approval. The City Council may approve a reversion to acreage only if it finds:
1.
Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
2.
All owners with an interest in the real property within the subdivision have consented to reversion; and
3.
None of the improvements required to be made has been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; and
4.
No parcels shown on the final or parcel map have been sold within five years from the date such map was filed for record.
C.
Conditions of Approval. The City Council may require as conditions of the reversion:
1.
That owners dedicate or offer to dedicate streets, public rights-of-way or easements;
2.
That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes or provisions of this chapter; or
3.
Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this chapter or necessary to protect the public health, safety or welfare.
(3254-11/94)
§ 256.12 Filing with County Recorder.
Upon approval of the reversion to acreage, the City Clerk shall transmit the final or parcel map, together with the City Council ordinance approving the reversion, to the County Recorder for recordation. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect.
(3254-11/94)
§ 257.02 Mergers Required.
Two or more contiguous parcels held by the same owner shall be merged if one of the parcels does not conform to the minimum lot size required by Titles 20-24 (Zoning) of this Code, and if all the following requirements are satisfied:
A.
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 is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel.
B.
With respect to any affected parcel, one or more of the following conditions exists:
1.
Comprises less than 5,000 square feet in area at the time of the determination of merger;
2.
Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3.
Does not meet current standards for sewage disposal and domestic water supply;
4.
Does not meet slope stability standards;
5.
Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
6.
Will create health or safety hazards if developed; or
7.
Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
C.
For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this chapter.
(3531-2/02)
§ 257.04 Notice of Intention to Determine Status.
Prior to recording a Notice of Merger, the Director shall mail, by certified mail, a Notice of Intention to Determine Status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the notice of intention was recorded, the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner.
(3531-2/02)
§ 257.06 Hearing on Determination of Status.
A.
The owner of the affected property may file a written request for a hearing with the Director within 30 days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Director shall set a time, date and place for a hearing before the Director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner.
B.
At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter.
C.
At the conclusion of the hearing, the Director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the Director within five days of the date of the hearing.
(3531-2/02)
§ 257.08 Determination of Merger.
A.
If the Director makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 257.10. The Notice of Merger shall specify the name of the record owner and a description of the property.
B.
If the Director makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Community Development Department within 30 days after the Director's determination and a clearance letter shall be mailed to the owner by the Director.
(3531-2/02, 4102-10/16)
§ 257.10 Appeals.
The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 248, provided that the appeal shall be filed within 10 calendar days of the date of mailing of the notice of determination and the Planning Commission shall hear the appeal within 60 days from the date of appeal. If, after this hearing, the Planning Commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director shall, within 30 days after the Planning Commission determination, file with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner.
(3531-2/02)
§ 257.12 Determination When No Hearing Is Requested.
If the owner does not file a request for a hearing within 30 days after the recording of the Notice of Intention to Determine Status, the Director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director within 90 days after the mailing of the Notice of Intention to Determine Status pursuant to Section 257.04.
(3531-2/02)
§ 257.14 Request to Merge by Property Owner.
A.
If the merger of contiguous parcels is initiated by the property owner, the owner may waive the right to a hearing before the Zoning Administrator and to all notices required by this chapter. Upon signing the waiver, the Director shall simultaneously file for record with the County Recorder a Notice of Intention to Determine Status, a waiver of right of hearing and notice, and a Notice of Merger. The owner may apply for merger pursuant to Chapter 256.
B.
When two or more contiguous parcels are developed and used as one residential site, the property owner shall at the time of remodel or expansion initiate a merger request. The Director may approve the merger and cause to be recorded a covenant to hold as one parcel provided no public improvements or dedications are required.
(3531-2/02)
§ 257.16 Request for Determination by Owner.
A.
Upon written application made by the owner to the Director, the Director shall make a determination that the affected parcels have merged or are to be merged. If the Director determines that the parcels have not merged, the owner shall be so notified by the Director.
B.
If the Director determines that the parcels were merged but that they meet the conditions for unmerger in Section 257.18, a notice of status shall be issued to the owner and filed for record with the County Recorder by the Director. The notice of status shall identify each parcel and declare that they are unmerged pursuant to this chapter.
C.
If the Director determines that the parcels were merged but do not meet the conditions for unmerger in Section 257.18, a Notice of Merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the County Recorder by the Director. The owner may appeal the decision of the Director to the Planning Commission in accordance with Chapter 248, provided that the appeal must be filed within 10 calendar days of the date of the mailing of the Notice of Merger. The Planning Commission shall hear the appeal within 60 days from the date of appeal.
(3531-2/02)
§ 257.18 Unmerged Lots.
Any parcels that were merged under the provisions of any law prior to January 1, 1984, but for which a Notice of Merger was not recorded on or before January 1, 1986, shall remain unmerged until such time as the parcels have been lawfully merged by subsequent proceedings initiated by the City that meet the requirements of this chapter.
(3531-2/02)
§ 258.02 Prohibition.
A.
No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map, or a parcel map, is required by the Subdivision Map Act or this title, until such a map, in full compliance with the provisions of the Subdivision Map Act and this title, has been filed for record by the County Recorder.
B.
Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this title shall not be made by parcels or block number, letter or other designation, unless and until such map has been filed for record by the County Recorder.
C.
This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this title, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
D.
Nothing contained in subsections A and B of this section shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act or this title.
(3254-11/94)
§ 258.04 Remedies.
A.
Any deed of conveyance, sale or contract to sell real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or this title, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof within one year after the date of discovery of such violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee.
B.
Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of such division of property. The action may be brought against the person who so divided the property and against any successors in interest who have actual or constructive knowledge of such division of property.
C.
The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed recorded final map or parcel map, from and after the date of recording.
D.
This section does not bar any legal, equitable or summary remedy to which the City or other public agency, or any person, firm or corporation may otherwise be entitled, and the City or other public agency, or such person, firm or corporation may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act or this title.
E.
The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title, if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.
F.
If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of Section 258.06, only those conditions stipulated in that certificate shall be applicable.
(3254-11/94)
§ 258.06 Certificate of Compliance.
A.
Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Director to determine whether the real property complies with the provisions of the Subdivision Map Act and this title. A written application for a certificate of compliance shall be accompanied by a preliminary title report not more than six months old that shows the legal owners of the property and copies of all previous recorded deeds applicable to the property.
B.
If the Director determines that the real property complies with the provisions of the Subdivision Map Act and this title or the City subdivision laws applicable at the time of creation, the Department shall prepare a certificate of compliance to be placed on record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this title.
C.
If the Director determines that the real property does not comply with the provisions of the Subdivision Map Act or this title, the Director may, as a condition to granting a certificate of compliance, impose conditions in accordance with Section 258.04(E). Upon the Director's making such a determination and establishing such conditions, the Director shall prepare a conditional certificate of compliance to be placed on record with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.
D.
A recorded final map or parcel map shall constitute a certificate of compliance with respect to the lots of real property described therein.
E.
Subject to the provisions of Section 66499.35(E) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(B) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the lots of real property described therein.
F.
A fee and/or deposit shall be charged to the applicant for making the determination and processing the certificate of compliance.
(3254-11/94)
§ 258.08 Notice of Violation.
A.
If the Director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this title, a Notice of Intention to Record a Notice of Violation shall be mailed by the Director by certified mail to the current owner of record. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject lot is not lawful under Section 66412.6(a) or (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Director why a notice of violation should not be recorded.
B.
The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the Notice of Intention to Record a Notice of Violation. If, within 15 days of receipt of the notice, the owner fails to file with the Director a written objection to recording the notice of violation, the Director shall file the notice of violation for record with the County Recorder. If, after the owner has presented evidence, the Director determines that there has been no violation, the Director shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the Director determines that the property has in fact been illegally divided, the Director shall file the notice of violation for record with the County Recorder.
C.
The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
1.
The statute of limitations for beginning any civil or criminal action against an owner or subdivider for violating the Subdivision Map Act shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation.
2.
Each violation of the provisions of this title or the Subdivision Map Act by the subdivider or owner of record of the property involved in the violation shall be punishable by imprisonment in the county jail or in the state prison not exceeding one year, by a fine of no more than $10,000.00, or by both. Every other violation of this title is a misdemeanor.
(3254-11/94)
§ 258.10 Appeals of Director's Action.
Appeal of any director's action pursuant to this chapter shall be made to the City Council under the procedures established in Chapter 248.
(3254-11/94)