Director of Planning Services. The responsibilities of the Director of Planning Services shall include, but are not limited to:

City Engineer. The responsibilities of the City Engineer shall include, but are not limited to:

Planning Commission. The Planning Commission is hereby designated as the Advisory Agency regarding subdivisions, and shall have the authority to review and make recommendations to the City Council to approve, conditionally approve, or deny applications for tentative subdivision maps and extensions thereto.

City Council. The City Council shall have the authority to act as follows:

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, for which a final or parcel map is required by the Subdivision Map Act and this chapter, until such map, in full compliance with the Subdivision Map Act and this chapter, has been filed for record with the office of the County Recorder.

Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act and this chapter shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the Office of the County Recorder.

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 chapter, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

Nothing contained in subsection (a) 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 and this chapter.

Any deed of conveyance, sale, or contract to sell real property which has been prepared in violation of the provisions of the Subdivision Map Act or this chapter is voidable at the sole option of the buyer, or any personal representative, 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 buyer and upon the grantor.

The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided in violation of the provisions of the Subdivision Map Act and this chapter. 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, with or without actual knowledge of the violation at the time of the acquisition of an interest in such real property.

If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose any additional conditions which would have been applicable to the division of 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 property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of this chapter, only those conditions or stipulations in that certificate shall be applicable. In such circumstances, a property owner may first apply for and obtain a certificate of compliance or conditional certificate of compliance, pursuant to Section 9-4.405

Pursuant to Government Code Section 66428, a tentative map shall be required where a parcel map would otherwise be allowed by the Subdivision Map Act in the following circumstances:

A tentative map and final map will be required where successive divisions by the same or different related subdivider result in a total of five or more lots.

A tentative map and final map shall be required for all subdivisions creating five or more lots, five or more condominiums, a community apartment project containing five or more dwelling units, and for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Public Utilities Code Section 230, which are created by short-term leases terminable by either party on not more than 30 days written notice; or

Any interest in land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility, for rights-of-way where such conveyance has been reviewed in accordance with this chapter, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or

Lot line adjustments between two or more adjoining parcels, in accordance with this chapter; or

The merger of contiguous parcels under common ownership, subject to the recordation of an instrument evidencing the merger, such instrument to be approved in accordance with this chapter.

Before any tentative map, or request for extension thereto, is accepted for filing, the subdivider shall file with the Planning Department a completed application form along with applicable fees as established by City Council resolution, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form. The Director of Planning Services and the City Engineer may, from time to time, amend the official application form and the map submittal requirements specified thereon. Tentative maps shall be prepared in a size, form, and manner acceptable to the Director of Planning Services and the City Engineer, and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet and shall contain all information required by the official application form and any requirements identified during the preliminary review of the map by the City. Applications for vesting tentative maps shall conform with Section 9-4.237 of this chapter. The Director of Planning Services and the Development Advisory Board may modify any of the above tentative map submittal requirements through the preliminary conceptual review process, if the type of subdivision does not need to comply with these requirements, or if other circumstances justify a modification or a waiver. The Director of Planning Services and Development Advisory Board may require other drawings, data, reports, or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA), and this chapter.

Tentative tract map shall include, but not be limited to the information that is set forth below as required by the Planning Director and City Engineer.

The entire subdivision shall be indicated on one sheet at a scale of 100 feet to the inch.

Required. A soil report, prepared by a civil engineer registered in the State and certified engineering geologist, based upon adequate test borings, shall be submitted to the City Engineer when a tentative tract map or tentative parcel map is submitted. Said reports shall satisfy the provisions for preparation of soils reports as approved by the Director of Engineering and Building Services.

Waivers. A preliminary soil report may be waived by the City Engineer provided he or she finds that, due to the knowledge the City has of the qualities of the soils on the subject property, no preliminary analysis is necessary.

Soil investigations. If the City has knowledge of, or the preliminary soil report indicates, the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required by the City Engineer. Such investigations shall be performed by a civil engineer, registered in the State and certified engineering geologist, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problem exists.

The City may approve the subdivision, or portion thereof, where such soil problems exist if the City determines that the recommended action is likely to prevent structural damage to each structure to be constructed. The City may require, as a condition of the issuance of any building permit, that the approved corrective action be incorporated in the construction of each structure.

The City Council shall hold a public hearing on the map, and upon making all findings required in Section 9-4.223, shall approve, or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by Public Resources Code Section 21151.5 and Government Code Section 66452.2.

The time frames in subsection (a) may be extended by up to 90 days by mutual consent of the subdivider and the Director of Planning Services. Additional extensions may be permitted as provided by statutory law or court decisions.

In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved pursuant to Government Code Section 66452.4, then the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.

Any tentative map may be approved only if the City Council makes all of the following findings:

With regard to subsection (a)(6) of this section, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider, or, with consent of the subdivider, by action initiated by the Director of Planning Services or City Engineer, pursuant to this section.

Minor modifications may be processed administratively without notice or public hearing pursuant to the procedure in Section 9-2.303, provided that the proposed changes are consistent with the intent of the original map approval, and there are no resulting violations of this chapter or the Municipal Code. The following modifications are considered minor:

Except as set forth in subsection (a) of this section, any other amendment or modification of an approved or conditionally approved map shall be processed as a major modification, following procedures set forth in this chapter for tentative map approval, except that approval of such modification shall not alter the original expiration date of the tentative map.

The initial approval or conditional approval of a tentative map shall expire 24 months from its adoption by the City Council. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map in accordance with the provisions of this chapter. Once a complete and timely filing of a final map, as described in Section 9-4.305 has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, then the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.

In order for the City Engineer to determine that a final map filing is complete, all the items required by Section 9-4.307, the conditions of approval, the Subdivision Map Act, and the Orange County Recorder’s Office must be submitted in a complete and acceptable form.

A final map shall be deemed in substantial conformance with the approved tentative map if the Director of Planning Services finds, in consultation with the City Engineer, that all of the following criteria are satisfied:

If the filing of multiple final maps is authorized under the tentative map approval pursuant to Section 9-4.231 (Phasing) and the City Engineer determines that conditions of approval of the tentative map require an expenditure in the amount specified under Government Code Section 66452.6(a), including specified adjustments for inflation, for public improvements or public rights-of-way outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided) and which are reasonably related to the development of that property, then the tentative map shall be extended for 36 months upon the timely filing of the first phase of the final map within the original approval period of the tentative map.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map.

If the subdivider plans to file multiple or phased final maps on the tentative map, the subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a proposed phasing plan, and a description of the phasing of infrastructure and improvements. The proposed phasing shall be reviewed by the Development Advisory Board, Planning Commission and City Council and shall be made a part of the approval of the tentative map. If, after approval of an unphased tentative map, the subdivider requests to submit multiple final maps or requests to modify previously approved phase boundaries or order of development, the phasing plan shall be reviewed as a major modification to the approved tentative map pursuant to the same procedures used to review a new tentative map. New conditions of approval may be added relating to the proposed phasing and any improvements deemed necessary to implement orderly development of the phasing.

The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing an application for discretionary time extension with the Planning Department prior to the expiration of the tentative map. Upon the filing of the extension request, the map shall automatically be extended for 60 days or until the application is acted upon, whichever occurs first. The application for an extension of time shall be subject to the same review process as the application for a tentative map as specified in this chapter, and the subdivider shall pay all applicable fees. Environmental review shall be conducted in accordance with CEQA and the City’s CEQA Guidelines. Notice and an opportunity to be heard on the tentative map extension shall be provided pursuant to the public hearing procedures in Section 9-2.302(f). The City Council may deny an extension of time. The expiration date of a tentative map may be extended by the City Council for a period or periods up to but not exceeding a total of three years beyond the original expiration date.

Extensions granted under this section shall not include any period of time during which a development moratorium is in effect.

Pursuant to Government Code Section 66424.1, a subdivider may file more than one tentative map to subdivide a unit of land, prior to the time that the first subdivision is reflected in the County Assessor’s rolls. However, no consecutive map(s) shall rely on, or reference, any previously approved tentative map for which a final map has not yet been recorded, for the following purposes:

When a consecutive final map is filed on land that has been previously subdivided, the effect of the recordation of that map will be a legal merger of the separate parcels and the resubdivision of such merged parcel.

When a consecutive parcel map is filed on land which has been previously subdivided or on which a tentative map has been approved, the underlying parcels will not be merged unless said consecutive parcel map is filed pursuant to Section 9-4.239 (Reversion to Acreage) of this chapter, and once recorded, the consecutive parcel map shall have the effect of creating parcels which may contain subdivided or tentatively subdivided parcels for the purpose of sale, lease, or financing.

Nothing in this section shall limit the City from applying reasonable conditions of approval to consecutive maps.

Authority. Except as otherwise specifically provided herein, the provisions of this section shall apply to the filing, processing and review of vesting tentative maps as the term is defined in Sections 66424.5 and 66452 of the Government Code and the provisions of this Land Use Code. To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of the public health, safety and general welfare and the promotion of orderly growth and development.

Applicability. This section shall be applicable to all vesting subdivisions. Whenever a provision of the Subdivision Map Act or this chapter requires the filing of a tentative map for a subdivision, a vesting map may instead be filed, in accordance with the provisions of this chapter.

Consistency. The approval of a vesting tentative map shall be consistent with the General Plan, Land Use Code, any applicable specific plan or comprehensive development plan, and any other applicable City standards in effect at the time the vesting map application was deemed complete by the Planning Department. If a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with City standards in effect at the time the application is deemed complete, the City may deny such a vesting tentative map or approve it conditioned on the subdivider obtaining the necessary change in zoning to eliminate the inconsistency. If the change in zoning is obtained, the approved or conditionally approved vesting map shall confer the vested right to proceed with the development in substantial compliance with the change in zone and the map as approved.

Filing and processing vesting maps. A vesting tentative map shall be filed on the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided:

Expiration. The approval or conditional approval of a vesting tentative map shall be subject to the provisions for other tentative maps as set forth in Section 9-4.221 and such approvals shall lapse in accordance with the provisions set forth in Section 9-4.229(a). A vesting tentative map may be extended under the provisions of Section 9-4.233. Any time extension for a vesting map shall be reviewed for conformance with the City standards in effect at the time the vesting map application was deemed complete. The City Council may deny a time extension for a vesting map if it finds that:

Vested rights created by approval of vesting tentative maps.

Modifications to vesting tentative maps. At any time prior to the expiration of a vesting tentative map, the subdivider, or successors or assigns, map apply for a modification to such map. A public hearing shall be held by the City Council on any amendment involving a modification to the vesting tentative map or development related thereto, following procedures set forth for the modification of tentative maps in Section 9-4.227(c). Approval of a modification to a vesting tentative map or development related thereto shall not alter the expiration date of the vesting tentative map. Any modification to a vesting map proposed by the subdivider will be evaluated for compliance with those City regulations, standards, and policies in effect at the time the request for modification is deemed complete.

Subsequent permits, licenses, and other entitlements for use. The provisions of this chapter shall not be construed to prevent the City from conditionally approving or denying any permit, license or other entitlement for use that is applied for by the subdivider after the approval of a vesting tentative map, provided such conditional approval or denial is made in accordance with the City standards described in this chapter.

General provisions. Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this section. Subdivisions may also be merged and resubdivided without reverting to acreage, pursuant to the applicable requirements for the subdivision of land as provided by Government Code Section 66499.20-1/2 and this chapter. Four or fewer contiguous parcels under the same ownership may be merged by parcel map pursuant to Government Code Section 66499.20-1/4 and applicable provisions of this chapter. Contiguous parcels under common ownership may be merged pursuant to Government Code Section 66499.20-3/4 and Section 9-4.401 of this article.

Initiation of proceedings for reversion to acreage.

Contents of petition for reversion to acreage. The petition of owners to initiate reversion to acreage proceedings shall contain but not be limited to the following information:

Submittal to the City Engineer. The final or parcel map for the reversion, together with all other data as required by the City Engineer, shall be submitted to the City Engineer for review. 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.

Conditions of reversion. The City Council may require the following conditions of reversion:

City Council approval. A public hearing shall be held by the City Council on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Section 9-2.302(f). The City Council may approve a reversion to acreage only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or future public purposes; and either:

Filing with the County Recorder. Upon approval of the reversion to acreage, the City Clerk or City Engineer shall cause the final or parcel map to be transmitted, together with the City Council resolution approving the reversion, to the office of the Orange County Surveyor for filing. Reversion shall be effective upon the filing of the final or parcel map with the County Surveyor. Upon filing, all public dedications and offers of dedication for public purposes not shown on the final or parcel map shall be of no further force and effect.

Applicability. Residential and nonresidential condominiums may be permitted as allowed by the zone district and the requirements of this section, subject to approval of all related land use entitlements. No residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project or condominium, without first obtaining approval of a conditional use permit and a subdivision map in accordance with the applicable provisions of this Land Use Code.

Map required. A tentative tract map is required to create five or more condominiums, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units, pursuant to Government Code Section 66426. A tentative parcel map is required to create four or fewer condominiums, a community apartment project containing four or fewer parcels, or the conversion of a dwelling to a stock cooperative containing four or fewer units.

Map contents. In addition to all the required information for a tentative parcel map or tentative tract map, the map shall clearly indicate that the proposed subdivision is for the purpose of creating condominiums, a community apartment project, or a stock cooperative project. The division of air space need not be shown on the map, but information shall be provided on the tentative map or other exhibits indicating building foot-prints, driveways and parking areas, common and private open space areas, dedications and easements, and amenities.

Notification.

Application requirements for residential condominium conversion. No tentative map for the purpose of conversion will be accepted for filing unless it is accompanied by an application that, in addition to the information required by the Subdivision Map Act and this chapter, contains the following information and documentation:

Development standards for residential condominiums and condominium conversions. All units constructed prior to the adoption of this section shall be in substantial conformance with the following development standards, and all units constructed subsequent to the adoption of this section shall be in full compliance with said standards, as a condition of project approval.

Information required for submittal of application. In addition to other application submittal requirements, the following information shall be provided:

Other requirements.

The City Engineer shall determine that a complete and timely final map filing has been made if he or she determines that, at a minimum, the following items have been received, prior to expiration of the tentative map:

Upon finding all statements and submittals complete and satisfactory in accordance with this chapter, and after the map has been reviewed and recommended for approval, the City Engineer shall sign the appropriate statements and transmit the original map and any other items requiring City Council approval to the City Clerk within 30 days of receipt of a complete filing, with a recommendation of map approval.

The date the final or parcel map shall be deemed filed with the City Council shall be the date of the next regularly scheduled meeting of the City Council following the date on which the City Clerk receives the recommendation for map approval from the City Engineer. The City Council shall consider approval of the subdivision improvement agreement and improvement security, and any other required agreements, in conjunction with the approval of the final or parcel map. If any of the items requiring City Council approval are deemed unacceptable by the City Council the City Council shall instruct the City Engineer to secure corrections, according to their direction.

The City Council shall approve or disapprove the subdivision improvement agreement, improvement security and final or parcel map at the meeting at which it receives the map, or at the next regular meeting following the meeting at which it received the map. If the City Council does not approve or disapprove the map within this time period, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved. The City Clerk shall certify or state its approval thereon.

The City Council shall not postpone or refuse approval of a final or parcel 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. However, in such case, prior to final map approval, the subdivider shall be required to enter into an agreement with the City to complete such improvements, pursuant to Government Code Section 66462, upon acquisition of said title and interest by the City. Upon entering into such agreement, the City shall acquire the subject property interests in accordance with the provisions of Government Code Section 66462.5. Failure of the subdivider to execute such an agreement shall be cause for the City Council to postpone or refuse approval of the final or parcel map.

The City Council shall not deny approval of a final or parcel map if the City has previously approved a tentative map for the proposed subdivision and if the City Council finds that the final or parcel map is in compliance with the requirements of the Subdivision Map Act, this chapter, and the approved tentative map.

Upon approval of the final or parcel map and subdivision improvement agreement by the City Council, the City Clerk shall execute the appropriate statement on the statement sheet and shall, subject to the provisions of Government Code Section 66464, cause the map to be transmitted to the Office of the Orange County Surveyor for final review, and then to the Orange County Office of the Recorder for filing. The final or parcel map and any separate documents, if required, shall be filed concurrently.

If, for any cause of the subdivider, the final or parcel map is not recorded by the County Recorder within 180 days from the date the City Council approved the final or parcel map, then the City Council’s approval of the final map shall be automatically rescinded, and appropriate bonds or sureties will be returned to the subdivider, as determined by the City Engineer. If the tentative map has expired, the unit of land previously affected by the final or parcel map will automatically revert to its pre-map configuration. If the tentative map has not yet expired, then the tentative map will be considered in effect, except that such action shall not alter the expiration date of the tentative map.

General requirements. After a final or parcel map is filed for record in the office of the County Recorder, it may be amended by a certificate of correction or an amending map for any of the following purposes:

Form and content of amendments. The amending map or certificate of correction shall be prepared in a manner approved by the City Engineer, and the form and content shall conform to the applicable requirements of Government Code Section 66470.

Submittal and approval by City Engineer. The amending map or certificate of correction, completed as to final form, shall be submitted to the City Engineer for examination. The City Engineer shall make the following determination:

City Council approval required. A certificate of correction or an amending map may be used to make modifications to a final or parcel map filed with the Office of the County Recorder when there are changes that are beyond the scope of the changes listed in subsection (a) of this section, that make any or all of the conditions of the map no longer appropriate or necessary, when the modifications do not impose any additional burden on the present fee owner of the property, and when the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modifications shall be set for public hearing by the City Council, who shall confine the hearing to consideration of, and action on, the proposed modification and issues related thereto.

Filing with the Office of the County Recorder. After approval of the certificate of correction by the City Engineer, or the amending map by the City Council, the City Engineer or City Clerk shall cause the document to be transmitted to the Office of the Orange County Surveyor for final review, and then to the Orange County Office of the Recorder for filing. Thereupon, the original map shall be deemed to have been corrected, and thereafter shall impart all corrections in the same manner as though set forth on the original map.

Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.20 3/4 and this section. Approval and recordation of a final or parcel map over previously subdivided property shall be deemed to have merged those properties and this section shall have no applicability in that instance.

Record owner(s) of contiguous lots may file a request with the City Engineer to merge said contiguous parcels. The request for merger shall be made on a form prescribed by the City Engineer, and accompanied by a fee as established by City Council resolution.

The City Engineer, in consultation with the Planning Director, may approve a voluntary lot merger only if it is determined that:

The City Engineer may require as conditions of the lot merger:

A voluntary lot merger shall become effective when the City Engineer causes a notice of merger to be filed with the County Recorder.

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 existing is not thereby created, shall be reviewed in accordance with the provisions of this section.

Applications for lot line adjustment shall be filed with the Department of Engineering and Building Services on forms prescribed by the City Engineer, and shall be reviewed and approved by the City Engineer in consultation with the Planning Director.

Review by the City Engineer and Planning Director shall be limited to whether or not the parcels resulting from the proposed lot line adjustment will comply with the General Plan, Land Use Code, and California Building Code adopted by the City.

No record of survey shall be required, unless required by Section 8762 of the Business and Professions Code.

The City Engineer shall approve the lot line adjustment if it is determined that the proposed lot line adjustment is consistent with the General Plan and Land Use Code, that it will not create nonconforming buildings or lots pursuant to the Building Code, and that the survey data is accurate and complete.

Filing with the County Recorder. Upon approval of the lot line adjustment pursuant to this section, the City Engineer shall file with the County Recorder a certificate of compliance of the affected parcels and a plat map showing the revised lot lines.

Any person owning real property may request the City Engineer, in consultation with the Planning Director, to determine whether a lot or parcel was lawfully created in compliance with the Subdivision Map Act or predecessor law and this title, as of the date the lot or parcel was created. A written application for a certificate of compliance shall be accompanied by the applicable fee and a preliminary title report not more than six months old that shows the legal owners of the property.

City Engineer review of request for certificate of compliance.

Official maps constitute certificate of compliance.

The granting of a certificate of compliance for any lot or parcel shall not relieve the property owner from compliance with all applicable development and building standards adopted by the City, and shall not be interpreted as approval to build on any such lot or parcel without first obtaining all required approvals and permits, and complying with all applicable code requirements.

Subdivisions. The design standards set forth in this article shall be used in the design of subdivisions. The specific design criteria set forth in this article shall be used as the basis for design, and specific design parameters shall not be exceeded during design. Where referenced, design shall be based upon, and in conformance with, certain publications. Conformance with the design standards of the City shall not alone satisfy the requirements for the approval of plans. In addition, design shall be in conformance with standard engineering practices. All street improvement plans, including plans for water, sanitary sewers, and storm drains, shall be prepared and signed by a civil engineer registered in the State. All final maps and parcel maps shall be prepared and signed by a civil engineer registered in the State or a land surveyor licensed in the State. All building and on-site improvement plans shall be prepared and signed by a civil engineer, structural engineer, or architect registered in the State. Where provided for by law, buildings may be designed by building designers licensed in the State. All landscaping plans shall be prepared and signed by a landscape architect registered in the State.

Other development projects. The provisions set forth in subsection (a) of this section shall apply to all other development projects within the City for which a subdivision is not requested nor required. Where a project is of such an unusual nature that design standards and parameters have not been set forth in this chapter, the City Engineer shall establish such standards and parameters consistent with standard engineering practices.

Design standards.

Routing. The routing of trails shall provide a safe area for hiking, bicycle traffic, and equestrian traffic. Wherever possible, such means of travel shall be separated from vehicular and normal pedestrian traffic. Conflicts between various modes of travel shall be kept to a minimum. Such conflicts shall be accepted by the City only when alternative paths or trails are not available. For the purposes of this subsection, “conflicts” shall mean those areas where different modes of travel cross. The combined use of bicycle trails and equestrian trails shall not be approved unless significant environmental impacts would result from an alternate design. Hiking/equestrian and bicycle trails that cross arterial streets shall be at signalized or traffic controlled intersections.

Improvements and dedications. Bikeways and equestrian/hiking trails shall be constructed as set forth in subsection (a) of this section. All bike trails, General Plan, and feeder equestrian/hiking trails shall be dedicated to the City.

Dedicated facilities shall conform to the following requirements:

Slopes shall be landscaped and maintained until the assumption of responsibility by the property owners;

Dead-end streets shall be barricaded;

Drainage facilities shall be installed to prevent erosion;

Construction materials shall not be stockpiled adjacent to boundaries;

A general cleanup in the area of the boundary shall be conducted to remove refuse and waste materials;

Soil, sand, and aggregate shall not be stockpiled near a boundary;

Streets shall be swept and cleaned by the developer where construction work has necessitated such efforts;

Fencing may be required to prevent easy access to areas which are considered dangerous to the general public;

The developer shall be required to deposit funds or post bonds to insure the completion of the work adjacent to a project’s boundaries;

Individual lot property lines shall be at the top of slopes; and

The tentative tract map, tentative parcel map, or site plan shall indicate the effect a project has upon the view from all adjacent, properties. Adverse effects may be grounds for the denial of a project. Such effects shall be indicated in a manner acceptable to the City but at least shall consist of the necessary cross sections.

Design standards. Drainage facilities shall be designed using flows derived from the rational method. The exact determination of the design flows for local facilities shall be based upon a 25 year storm and computed in accordance with the Orange County Hydrology Manual, as last revised, of the Orange County Flood Control District. All facilities shall also conform to the current Master Plan of Drainage for the San Juan Capistrano-Capistrano Beach Area. In addition, the drainage system design shall be in compliance with the most recently adopted NPDES (National Pollution Discharge Elimination Standards) by the City and San Diego Regional Water Control Board.

All materials and methods of construction shall conform to the Standard Specifications and the Standard Plans of Orange County, as last revised. The minimum internal diameter for drainage pipes to be dedicated to the City shall be 18 inches.

General requirements. The following requirements shall apply:

Reimbursement agreements. All facilities indicated within the Master Plan of Drainage for the San Juan Capistrano-Capistrano Beach Area, and within the property to be developed or contiguous thereto, shall be constructed by the developers at their expense. Those costs for the construction of facilities within said Master Plan which are in excess of the funds deposited for the acreage drainage fees may be reimbursed to the developer by means of a reimbursement agreement. If the City enters into such an agreement, a public hearing shall be held to determine the funds required and the area of benefit from the drainage facilities. A copy of the standard City reimbursement agreement is on file and available at the City offices.

Dedications. Drainage facilities constructed within public rights-of-way shall be dedicated to the City. Drainage facilities outside of public rights-of-way may be required to be dedicated to the City. All closed drainage facilities outside public rights-of-way joining City drainage facilities shall be dedicated to the City. Open channels collecting local surface drainage shall not be dedicated to or maintained by the City, except in unusual cases as determined by the City Engineer. All facilities to be dedicated to the City outside public rights-of-way shall be constructed within exclusive easements granted to the City for access and maintenance purposes. Vehicular access within such easements shall be provided by the developer as approved by the City Engineer. No boundary of any such easement shall be less than 10 feet from the center line of the drainage facilities to be dedicated to the City. In addition, such easements shall be configured in such a manner that maintenance can be conducted without encroaching upon private property. All such easements shall be recorded with the County Recorder prior to the approval of the improvement plans.

Location and width.

Materials. Driveways within public rights-of-way shall be concrete. The only exception shall be in the Agri-Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), and Single-Family-20,000 (RSE-20,000) Districts where equestrian trails are located in the rights-of-way and where local rural streets are permitted. On-site driveways shall be constructed of asphalt, concrete, or a non-erodible material approved by the City Engineer. Residential driveways in the Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), and Planned Community (PC) Districts shall be constructed entirely of concrete, except at hiking/equestrian trail crossings.

General requirements.

Terraces and vertical curves.

Cut slopes and fill slopes combined prohibited. Cut slopes and fill slopes combined shall not be permitted. In slope areas that would have combination cut/fill slopes, all cut slopes shall be overexcavated and replaced with a fill slope design in accordance with the engineering geologist and approved by the City Engineer.

Design standards for setbacks. The toes and tops of cut and fill slopes shall be set back from the property lines. For the purposes of this section, “toes and tops of the slopes” requiring vertical curves as set forth in this section shall mean the end curve point of the vertical curve. Retaining walls may be used on cut and fill slopes when designed by a registered structural or civil engineer. The faces of retaining walls shall be considered the toes of the slopes for setback purposes.

General design standards.

Irregularly-shaped lots. Setback distances shall be determined by establishing a setback area equal in width to the setback requirements of Chapter 3 Zoning Districts and Standards of this title. Such setback area shall not be encroached upon by any nonpermitted structure, as set forth in Chapter 3 Zoning Districts and Standards of this title.

The setback area shall be determined as follows:

Cul-de-sac lots.

Boundary monuments. Each final map shall indicate durable monuments of not less than two inch iron pipe at least 18 inches long found or set at or near each boundary corner and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be necessary by topography or culture to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the final map, together with the approximate elevation of the top of each such monument with respect to the surface of the ground.

Lot monuments. All lot corners shall be monumented with not less than a three-fourths inch iron pipe or by offset monuments as approved by the City Engineer.

Center line monuments. Street, alley, and way center line monuments shall be set to mark the intersections of streets, intersection of streets with alleys or ways, intersections of alleys with alleys or ways, and at the intersection of any street, alley, or way with a tract boundary. Street center line monuments shall also be set to mark either the beginning and end of curves or the points of intersection of the tangents thereof. Such center line monuments shall be of not less than two inch iron pipe at least 18 inches long set in the subgrade.

Center line monuments—Notes to be furnished. For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a reproducible set of notes showing clearly the ties between such monuments and a sufficient number, not less than four, of durable distinctive reference points of the monuments. Such reference points may be lead and tacks, PK nails, or three-fourths inch iron pipe not less than 16 inches long in which is secured a tag bearing the surveyor’s or engineer’s registration number, or such substitute therefor, as is not likely to be disturbed and is approved by the City Engineer.

The set of notes furnished shall be drawn in ink on eight and one-half (8 1/2) inch by 11 inch sheets of reproducible polyester film and shall conform to the standardized office records of the City Engineer.

Identification marks. All monuments set as required by this section shall be permanently marked or tagged with the registration or license number of the civil engineer or land surveyor under whose supervision the survey was made.

Inspections. All monuments shall be subject to inspection and approval by the City Engineer.

Authority. The provisions of this section are enacted pursuant to the authority granted by the Government Code of the State. The park and recreational facilities for which the dedication of land and/or the payment of a fee is required by this article are in accordance with the Parks and Recreation Element of the General Plan.

General requirements.

General standards.

Dedication of land. Where a park or recreational facility has been designated in the Parks and Recreation Element of the General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the City may require the dedication of land for a local park sufficient in size and topography to serve the residents of the subdivision.

Payment of fees.

Dedication of land and payment of fees. In subdivisions of 50 or more lots, the City may require the subdivider to dedicate land and/or pay a fee in lieu of park dedication in accordance with subsections (d) and (e) of this section. In no case, however, shall the total of land dedication and fee payment exceed the subdivision’s park obligations computed in accordance with subsection (c) of this section.

Choice of dedication of land or payment of fees.

Amount of fees in lieu of the dedication of land. Where a fee is required to be paid in lieu of the dedication of land, the amount of such fee shall be determined by Section 9-5.107 Parkland In Lieu Fee.

Partial credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of the dedication of land or the payment of fees in lieu thereof if the City Council finds that it is in the public interests to do so and that all of the following standards are met:

Schedule of park development. In accordance with Section 66477 of the Government Code of the State, the City shall maintain, either as part of its Capital Improvement Program or separately, a schedule specifying “how, when, and where it will use the land or fees, or both, to develop park or recreational land to serve the residents of the subdivision” for which park fees have been paid or land dedicated. Therefore, pursuant to such requirement, any fees collected pursuant to this section shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots within the subdivision.

General requirements. Pedestrian ways, bridges, and tunnels shall be constructed at the sole expense of the developer where their use is considered necessary by the City. Such necessity may include, but shall not be limited to access to schools, parks, historical areas, and places of public use which generate unusual amounts of pedestrian traffic. Such facilities are included to supplement the pedestrian-oriented improvements in-lieu of a sidewalk in the public rights-of-way and reduce conflicts between pedestrian traffic and other modes of travel. Bridges or tunnels shall be required at grade separations, watercourses, and unusually irregular terrain where heavy pedestrian traffic may be experienced.

Design standards. The minimum width of pedestrian ways shall be eight feet. Pedestrian ways shall be constructed of concrete or asphalt concrete. The City Engineer may approve alternate materials at his or her discretion. Walls, fences, and landscaping shall be required as necessary to define and separate pedestrian ways. Pedestrian ways shall not be constructed at grades exceeding 5%. Cross slopes shall not exceed two-tenths of one percent. Where unusual conditions exist, the City Engineer may approve grades greater than 5% however, a grade of 10% shall not be exceeded under any circumstance.

Dedications. The City may require the dedication of pedestrian ways, bridges, and tunnels or irrevocable offers to dedicate rights-of-way. All facilities outside of public rights-of-way to be dedicated to the City shall be within exclusive easements for the purpose of maintaining a pedestrian way. Such easements shall be configured to insure that normal maintenance operations do not encroach upon private property. Improvement plans shall not be approved until all such easements have been recorded with the County Recorder.

Joining the sanitary sewer system. All properties within 200 feet of a public sanitary sewer shall be required to join the City facilities. Where a soil report indicates a private sanitation system is not acceptable or where damage to the ground water quality would occur, a property shall be required to join the City sanitary sewer system.

Private sanitary sewers. Private sanitary sewers shall be prohibited in the Hillside Residential (HR), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), Planned Community (PC), and Specific Plan/Precise Plan (SP/PP) Districts. Where otherwise permitted, private sanitary sewers shall be constructed of materials approved by the City Engineer and shall be no smaller than six inches in internal diameter. Permission for private sanitary sewers shall be granted by the City only where there are no City sanitary sewers within 200 feet of the closest property in question and no more than 12 units will use the private sewer at any time. The capability and intent to maintain private sewers shall be provided the City Engineer in the form of legal documents fixing such responsibility.

Sewer laterals. Sewer laterals shall be less than eight inches in internal diameter and serve no more than one structure, if approved by the City Engineer. Sewer laterals shall not serve more than one property owner. Under no circumstance shall a sewer lateral join another sewer lateral. Sewer laterals shall directly join the structure served to the mainline sanitary sewer.

Private sanitation system. Private sanitation systems may be permitted by the City Engineer and Orange County Health Service Standards in the Agri-Business (A), Residential/Agriculture (RA), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Open Space Recreation (OSR), and Specific Plan/Precise Plan (SP/PP) Districts only if all of the following criteria are met:

Reimbursement agreements. The City may require the construction and dedication of sanitary sewer facilities across the full public frontage of a development site of sufficient size to provide service for future development. The City may enter into a reimbursement agreement with the developer if development may occur on the opposite side of the project frontage.

If the City enters into such an agreement, a public meeting shall be held to determine the funds required and the area of benefit from the subject facilities. A copy of the standard City reimbursement agreement is on file and available at the City offices.

Street lights for public rights-of-way. Street lights within public rights-of-way shall be constructed by the developer and dedicated to the City. Such street lights shall be the Mission Bell type in accordance with the Street Lighting Standards of the City. Other ornamental fixtures may be used only upon the approval of the Planning Commission. The approximate lumen rating for street lights in residential districts shall be 7,000 lumens, and the approximate lumen rating for street lights in commercial, industrial, and open space districts shall be 20,000 lumens. Primary and secondary arterial highways shall have street lights of 20,000 lumens. The spacing between 7,000 lumen street lights shall be 300 lineal feet measured along the adjacent curb face. The spacing between 20,000 lumen street lights shall be 220 lineal feet. Street lights shall alternate sides of the street where possible, and special attention shall be given to the lighting of intersections. Exceptions to the requirements set forth in this subsection may be permitted by the City Engineer. In new subdivisions the street lights shall be energized at the time the first unit is occupied.

Street lights for private streets and on-site lighting. Private streets shall require street lights of a height, approximate lumen rating, location, type, and style approved by the City Engineer. Such requirements shall also apply to on-site lighting for walkways, alleys, and parking lots. The type of fixture (lighting standard and luminaire) shall be approved by the Planning Commission. In new subdivisions, the street lights shall be energized at the time the first unit is occupied. The provisions of this subsection shall not apply to street lights on private streets existing on or before November 15, 2002.

Traffic signals. At intersections requiring signalization or future signalization, the developer may be required to upgrade existing facilities, pay a fee to be used for the upgrading of impacted intersections, or install the necessary poles, conduits, pullboxes, service locations, and other facilities deemed necessary by the City Engineer. All such facilities shall be dedicated to the City.

Introduction. This section sets forth street, highway, and alley requirements to serve existing and new development in the City.

Paving. Pavement materials shall consist only of aggregate base with asphalt concrete and/or Portland cement concrete, conforming to the requirements of the California Department of Transportation Standard Specifications (as last revised). The pavement thickness shall be designated by the City Engineer.

Engineering manual. The design speeds, curve radii, street grades, and related standards shall be as set forth in the City Standard Plans and Orange Design Standards as latest revised.

Public streets and dedications.

Required local access streets. The streets identified in subsection (1) and (2) of this subsection will be required for local access to abutting residential and nonresidential land uses. Standard sections for such streets are shown in Figure 4-8. Right-of-way widths for local streets may be reduced in conjunction with the development review if the City determines that such reduction will not result in greater project density or intensity.

Local streets, except driveways, may be public or private as determined by the City during the development review. Driveways shall be private in all cases.

General plan arterials. All arterial highways within the City shall be public streets and shall be improved in accordance with applicable adopted precise alignments. Precise arterial alignments shall be in accordance with the classification (primary, secondary, or local arterial) and general alignments shown on the General Plan. Standard sections for arterial highways are shown in Figures 4-9 through 4-11.

The following shall be the capacities of arterial highways in average daily trips (ADT):

Alleys. Alleys may be permitted in nonresidential districts only when off street parking, service, loading, and delivery areas are not otherwise available. Alleys in nonresidential district shall be constructed and dedicated to the City in compliance with this section and the design standards prescribed in the City’s Standard Plans and Orange Design Standards, most recently adopted.

Alleys may be permitted in residential districts if approved by the City during the development review. Such alleys shall be private. Verification of the ability and intention to maintain private alleys shall be provided to the City Engineering the form of legal documents fixing such responsibility.

Standard road sections.

Figures 4-5 through 4-11 are the standard road and parkway sections required as set forth in this section. Such road sections shall be required for all new development, unless the City, after finding special circumstances, approves modified or alternate road sections. The sections shown may be required to be expanded near intersections to provide width for deceleration lanes, left turn pockets, and other intersection facilities.

Required. All development within the City shall require the undergrounding of utilities. Where development occurs outside of an underground utility district on a single lot and consisting of a single structure, the City Engineer may permit the use of overhead distribution facilities in the public right-of-way. However, the utility service to the lot from the distribution facility shall be undergrounded.

Procedure. The City intends to provide all of San Juan Capistrano with underground utility service. In order to fulfill this intention, the City shall form underground utility districts where necessary. The formation, purpose, and use of such districts shall be as set forth in Chapter 8 of Title 7 of this Code.

The north arrow with a scale of 20 feet, 30 feet, or 40 feet to the inch indicated;

A title block in the lower right-hand corner of every sheet which shall include the name of the project, date, name of the engineer preparing the plans, signature of the engineer preparing the plans, title of the page, and page number. Original sheets may be purchased from the City, or the design engineer shall provide an exact copy acceptable to the City Engineer;

An index map on the title sheet at a scale necessary to show the entire project on the title sheet. The page numbers for each portion of the project shall be indicated on the index map;

The plan and profile of the street center lines, both tops of curbs, and sanitary sewer lines. Storm drain facilities shall be indicated in the plan and profile on separate sheets;

The water lines, indicated in the plan view only, dimensioned from the curb faces or center lines. The plan and profile of the water lines shall be indicated only for lines outside improved rights-of-way and for all water lines greater than 10 inches in internal diameter;

The center line horizontal control and right-of-way width which shall coincide with the final map for the property being improved;

The street lights which shall be located in conformance with City standard; or approved exceptions;

The locations of gas, electric, and television underground utilities;

The locations of street signs;

The street names in words;

The locations of traffic control devices and signs;

Cross sections of every street and all sidewalks, bicycle trails, and equestrian trails;

The bicycle trails, equestrian trails, and pedestrian ways in public rights-of-way;

The bicycle trails, equestrian trails, and pedestrian ways outside dedicated street rights-of-way;

All boundaries of easements to be granted to the City;

Signature blocks for the City Engineer and the City;

General notes for street improvements as required by the project and the City;

General notes for water construction as required by the project and the City;

General notes for sewer construction as required by the project and the City;

General notes for storm drain construction as required by the project and the City; and

The additional details, data, or information required by the City Engineer.

All of the requirements of this Land Use Code and the General Plan have been met;

Any special requirements of the City have been met;

All necessary easements have been recorded;

The final map has been recorded;

All necessary fees have been paid and all necessary bonds have been posted; and

All necessary reimbursement agreements have been completed.

Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15 of the Revenue and Taxation Code).

An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this article of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Development Services, without discretionary review.

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this article. The tentative parcel map may not be recorded until a final parcel map is approved. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Code.

Map Act compliance.

Zoning district. The lot to be split is in a single-family residential zoning district. For purposes of this section, a single-family residential zoning district is a zoning district where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

Lot location. The lot to be split is not located on a site that is any of the following:

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

No prior urban lot split.

No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

Lot size.

Easements.

Lot access.

Unit standards.

Fire-hazard mitigation measures.

Separate conveyance.

Regulation of uses.

Notice of construction.

Deed restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:

Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

“Specific adverse impact” has the same meaning as in Government Code Section 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include: (1) inconsistency with the zoning ordinance or General Plan land use designation; or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.