A.

The provisions of this Article constitute the City of Simi Valley Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Section 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

B.

This Article regulates and controls the subdivision of land, and supplements the provisions of the Map Act concerning subdivision design, improvements, and survey data of subdivisions, and to establish procedures to be followed in securing the official approval of the City Engineer, Director, Commission and Council. To accomplish these purposes, the provisions in this Article are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate circulation, and utilities, and other public services.

(§ 5, Ord. 1085, eff. January 6, 2006)

This Article is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Subdivision approval required. Each subdivision of real property for the purposes of sale, lease, or finance, wholly or partially within the City, shall be authorized through the approval of a map or other entitlement in compliance with this Article. A subdivision of unincorporated property adjacent to the City shall be subject to these provisions to the extent allowed and as provided by Map Act Section 66454.

B.

Conflicts with Map Act. In the event of any conflicts between the provisions of this Article and the Map Act, the Map Act shall control.

C.

Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

D.

Consistency with General Plan and Specific Plans required. No subdivision map, including its design, proposed streets, other improvements, and proposed land uses shall be approved by the City unless it is consistent with the Simi Valley General Plan and any applicable Specific Plan.

(§ 5, Ord. 1085, eff. January 6, 2006)

The Director and City Engineer are authorized and directed, respectively under the authority granted by State law, to administer and enforce the provisions of this Article and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided.

(§ 5, Ord. 1085, eff. January 6, 2006)

When a project requires a concurrent legislative action, which requires Council approval, such as a General Plan Amendment or Zone Change, as well as a Tentative Parcel or Tentative Tract Map, the final decision shall be made by the Council on all of the components, after a recommendation by the Commission.

(§ 5, Ord. 1085, eff. January 6, 2006)

Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings, and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6-1.

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS

Notes:

(1) "Recommend" means that the review authority makes a recommendation on the approval or disapproval of the request to the Advisory Agency; "Decision" means that the review authority serves as the Advisory Agency and makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier Advisory Agency; in compliance with Chapter 9-76 (Appeals); and "Approve" means that the review authority may approve the project. In any case where the Director or City Engineer is designated as the Advisory Agency, either individual may choose to defer action on any matter, and refer the matter to the Commission for its decision.

(2) The Council may delegate approval authority for an individual project (Map) to the City Engineer, or his designee per Section 9-62.060(C).

(3) Tentative Tract Map applications accompanied by other applications requiring a legislative decision will be approved by the Council, according to Section 9-60.045 (Concurrent Permit Processing).

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022, and § 2(Exh. A), Ord. No. 1352, eff. October 23, 2023)

A.

Subdivision of four or fewer parcels.

1.

A Tentative Parcel Map and a Parcel Map shall be required for each subdivision, or cumulative subdivisions under one ownership, of four or fewer parcels, or for four or fewer condominiums or stock cooperative apartment units, and for community apartment projects containing four or fewer parcels, except when otherwise exempted by the Map Act.

2.

The requirement of this Section for the preparation and approval of a Parcel Map may be waived by the Director in compliance Section 9-62.030 (Waiver of Parcel Map).

B.

Subdivisions of five or more parcels. A Tentative Map and a Final Map shall be required for all subdivisions, or cumulative subdivisions under one ownership, of five or more parcels, of five or more condominiums (as defined in Civil Code Section 783), a community apartment project (as defined in Business and Professions Code Section 11004) containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where a Parcel Map is required pursuant to Map Act Section 66426, in which case, a Tentative Parcel Map shall also be required.

C.

Exemptions from subdivision approval requirements. The types of subdivisions identified by Map Act Sections 66411, 66412, 66412.1, 66412.2, 66412.5, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this Article.

(§ 5, Ord. 1085, eff. January 6, 2006)

All surveys and all drafting in connection with the preparation of Tentative Parcel Maps, Parcel Maps, Tentative Tract Maps, Vesting Tentative Maps, Final Maps, and improvement plans to be submitted in compliance with this Article shall comply with the standard practices and principles of drafting and land surveying as acceptable to the City Engineer, and as required by the Map Act.

(§ 5, Ord. 1085, eff. January 6, 2006)

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Section 66452 et seq.), shall be subject to all applicable provisions of this Article which shall be satisfied by the subdivider before City approval of the Parcel Map or Final Map. Parcel or Final Maps submitted for approval after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

(§ 5, Ord. 1085, eff. January 6, 2006)

The processing of the subdivision applications described in this Article shall require the payment of the fees prescribed by the Council's Fee Resolution, in compliance with Chapter 9-50 (Application Filing and Processing); and the payment of any fee required by County of Ventura Ordinance No. 3982 and any amendments thereto, which is required to be paid by the subdivider to include the subdivision records in the County's computer-aided mapping system.

(§ 5, Ord. 1085, eff. January 6, 2006)

An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall only be used for those sections of this Chapter which are optional under the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for the expiration of the map established by Section 9-61.120 (Tentative Map Expiration and Extensions).

C.

Approval of exception. The Commission shall have the authority to approve or deny exception requests in compliance with this Section. The Commission shall not grant an exception unless all the following findings are first made:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location or surroundings;

2.

The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Article;

3.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4.

Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5.

The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.

D.

Conditions of approval. In granting an exception, the Commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(§ 5, Ord. 1085, eff. January 6, 2006)

Any interested person may appeal any decision of the Director to the Commission, and may appeal any decision of the Commission to the Council, in compliance with Chapter 9-76 (Appeals).

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Violations. Any person who violates any provision of this Article shall be subject to the felony or misdemeanor penalties specified by Map Act Division 2, Chapter 7, Article 1 and, where applicable, shall be subject to the misdemeanor or infraction penalties as specified in Municipal Code Title 1, Chapter 2.

B.

Remedies. In addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2, whenever any construction activity, including grading, earth moving, or tree removal is being done on any property for which an approved Final Map exists, contrary to the provisions of the Subdivision Map Act or any approval of the map, the City Engineer may order the activity stopped by notice in writing served on any person engaged in doing or causing the activity to be carried out, and any persons shall forthwith stop the activity until authorized by the City Engineer to proceed.

(§ 5, Ord. 1085, eff. January 6, 2006)