This title is adopted to supplement and implement the Subdivision
Map Act and may be cited as the "subdivision ordinance of the
city of Loma Linda."
(Ord. 109 § 1, 1975)
Whenever any words or phrases as used in this title are not
defined herein but are defined in the Subdivision Map Act as last
amended, such definitions are incorporated herein and shall be deemed
to apply as though set forth in this title.
(Ord. 109 § 2, 1975)
A.
The
city council assumes control of the design and improvement of land
subdivision, including any division of land created by a parcel map
as such is vested in the city by provisions of the Subdivision Map
Act of the state, and amendments thereto, or as otherwise established
and set forth herein.
B.
In
conjunction therewith and in addition to the aforesaid control of
land within the city, it is declared that any land that is divided
in any method or manner whatsoever shall be accomplished by either
subdivision map or parcel map which must first be approved by the
city council.
C.
No
person shall sell, offer to sell, transfer title from one owner to
another, or otherwise dispose of such in any manner whatsoever, any
parcel of land or fraction thereof without first conforming to the
applicable requirements of the Subdivision Map Act, the requirements
of this or any other provision or requirement set forth and established
by the city council.
(Ord. 109 § 3, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections
numbered "3."
For the purpose of this title, a unit of land is any plot of
land separately described as shown on either:
A.
The
tax assessor's map record on tax rolls as a separate unit of
land; or
B.
The
official records of the county recorder accomplished by either a subdivision
map or other city-councilapproved division of land.
(Ord. 109 § 4, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections
numbered "4."
A.
A report
as to conformity to the general plan, which is required pursuant to
Section 65402 of the Government Code as the result of a proposed division
of land, may be included as part of and at the same time as the action
taken by the city council on such division of land.
B.
Such
report is not required for a proposed subdivision which involves:
1.
The
disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes;
2.
Acquisitions,
disportions, or abandonments for street widening; or
3.
Alignment
projects;
provided that the city council expressly finds that any such
disposition for street purposes, acquisitions, dispositions, or abandonments
for street widening, or alignment projects is of a minor nature.
(Ord. 109 § 3, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections
numbered "3."
A.
A parcel
map shall be filed and recorded for any subdivision for which a tentative
and final map is not required by the Subdivision Map Act except for
subdivisions created by short term leases (terminable by either party
on not more than thirty days' notice in writing) of a portion
of an operating right-of-way of a railroad corporation defined as
such by Section 230 of the Public Utilities Code; provided, however,
that upon a showing made to the city council based upon substantial
evidence, that public policy necessitates such a map, this exception
shall not apply.
B.
Such maps shall meet all of the requirements of Section 16.04.080 and shall show all dedications or offers of dedication thereon. The city council may require that such dedications or offers of dedications be made by deed in lieu of or in addition to appearing on the map.
C.
When
a parcel map is required by this title, a tentative parcel map shall
first be filed with the city council. Said map shall meet all the
requirements for tentative maps provided by the Subdivision Map Act
and this title.
(Ord. 109 § 4, 1975)[1]
[1]
Editor's note: Ordinance 109 contained two sections
numbered "4."
A.
The
subdivider shall pay to the city fees for filing, processing and checking
all tentative subdivision maps, final subdivision maps, tentative
parcel maps, final parcel maps, street improvement plans, sanitary
sewer plans and utility plans.
B.
The
fees for these services shall be set by resolution of the city council
of the city.
C.
A subdivider
shall pay to the city the cost of operation and maintenance for the
street lighting system within an improved project for a period of
forty-eight months from the date of acceptance by the city engineer.
The cost shall be established by resolution of the city.
(Ord. 109 § 5, 1975; Ord. 278 § 1, 1981)
Tentative maps shall be filed with the planning department and
shall be processed in accordance with the Subdivision Map Act and
the provisions of this title. The subdivider shall file as many copies
of the tentative as may be required by the planning department.
(Ord. 109 § 6(A), 1975)
A.
The
following will be required for tentative maps:
1.
Title
of subdivision and description of property;
2.
Name
and address of owner and subdivider;
3.
Name
and address of person preparing map;
4.
Approximate
acreage;
5.
North
point;
6.
Scale;
7.
Date;
8.
Boundary
lines;
9.
Location
and name of streets;
10.
Width of streets and alleys;
11.
Name, location and width of adjacent streets;
12.
Proposed street grades;
13.
Proposed lot grades;
14.
Location and width of easements;
15.
Dimensions of reservations;
16.
Existing structures;
17.
Location of existing and proposed public utilities;
18.
Existing sewers;
19.
Existing water mains;
20.
Existing culverts and drainpipes;
21.
Watercourses;
22.
Land subject to overflow or inundation;
23.
Railroads;
24.
Lot lines and approximate dimensions;
25.
Approximate radius of curves;
26.
Building lines;
27.
Lands and parks to be dedicated for public use;
28.
Contours at five-foot intervals if slope greater than ten percent;
29.
Contours at two-foot intervals if slope less than ten percent;
30.
Proposed land use;
31.
Name and tract number of adjoining subdivisions;
32.
The name or names of any geologist or soils engineer whose services
were required in the preparation of the design of the tentative map;
33.
A geologic soils report prepared by a civil engineer who is registered
by the state, based upon adequate test borings or excavations, unless
the building department shall determine that, due to the knowledge
such department has as to the soil qualities of the soil of such subdivision
or lot, no preliminary analysis is necessary. If the preliminary soils
report indicates the presence of critically expansive soils or other
soil problems which, if not corrected, would lead to structural defects,
the person filing the tentative map shall submit a soils investigation
of each lot in the subdivision, prepared by a civil engineer who is
registered in this state, which shall recommend corrective action
which is likely to prevent structural damage to each dwelling proposed
to be constructed on the expansive soil. The building department shall
approve the soils investigation if it determines that the recommended
action is likely to prevent structural damage to each dwelling to
be constructed and shall require that the approved recommended action
be incorporated in the construction of each dwelling as a condition
to the building permit;
34.
If the building official finds that a written geological report is
necessary to determine whether the property to be divided is subject
to an existing or potential geological hazard, the person filing the
tentative map shall submit such a report to said department. The report
shall be prepared by a registered engineering geologist.
B.
Such
information may be furnished separately from the map itself.
(Ord. 109 § 6(B), 1975)
The city council may require that all dedications or offers
of dedication be made by deed in lieu of or in addition to appearing
on the map.
(Ord. 109 § 6(C), 1975)
The city council may waive any of the requirements of Sections 16.04.010 though 16.04.100 whenever the city council finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The city council may require such drawings, data, or other information as are deemed necessary.
(Ord. 109 § 7, 1975)
The subdivider shall improve or agree to improve all streets,
highways, alleys, ways, or easements required in connection with,
or as a part of, a subdivision or a division of land created by a
parcel map as a condition precedent to acceptance thereof and approval
of the final map. Such improvements shall be installed at lines and
grades, and in accordance with plans, standards and specifications
approved by the city engineer, and shall include:
A.
Grading,
drainage, and drainage structures necessary to proper use and to the
public safety;
B.
Portland
cement concrete curbs, gutters, sidewalks and drive approaches;
C.
Storm
drains, conduits and channels;
D.
Asphalt
concrete street paving;
E.
Aggregate
base;
F.
Adequate
domestic water supply, including the relocation or replacement of
all water mains, irrigation lines, and appurtenances as required by
the city engineer;
G.
Sanitary
sewer facilities and connections for each lot;
H.
Underground
utilities providing services to each lot;
I.
Services
from public utilities, where provided, and from sanitary sewers shall
be made available for each lot in such manner as will obviate the
necessity for disturbing the street pavement, gutter, curb and sidewalk
when service connections are made;
J.
Street
trees;
K.
Fire
hydrants;
L.
Street
name signs, and traffic regulatory devices;
M.
Street
lights, including ornamental light standards;
N.
The
relocation or replacement of all utility lines and poles as required
by the city engineer;
O.
Permanent
subdivision survey monuments;
P.
In
addition to the aforesaid minimum requirements, the city council may
require such additional improvements and facilities or such modifications
in the standards of minimum improvements as special conditions may
cause the council to make a special finding of need.
(Ord. 109 § 8, 1975)
Whenever a public hearing is held pursuant to this title, notice
of the time and place thereof, including a general description of
the location of the subdivision or proposed subdivision, shall be
given at least ten days before the hearing. Such notice shall be given
by publication once in a newspaper of general circulation printed
and published in the county and circulated in the city. In addition
to notice by publication, the city council may require notice of the
hearing to be given in such other manner as it may deem necessary
or desirable. Any interested person may appear at such hearing and
shall be heard.
(Ord. 109 § 10, 1975)
The approval or conditional approval of a tentative map shall
expire twenty-four months from the date the map was approved or conditionally
approved.
(Ord. 109 § 11(A), 1975; Ord. 298 § 1, 1983)
The person filing the tentative map may request an extension
of the tentative map approval or conditional approval by written application
to be filed at least thirty days before the approval or conditional
approval is due to expire. The application shall state the reasons
for requesting the extension. In granting an extension, new conditions
may be imposed and existing conditions may be revised.
(Ord. 109 § 11(B), 1975)
An extension request shall be for a period not to exceed twelve
months. Extensions of tentative map approval or conditional approval
shall not exceed an aggregate of sixty months.
(Ord. 109 § 11(C), 1975; Ord. 204 § 1, 1979; Ord. 298 § 2, 1983; Ord. 457 § 1, 1991; Ord. 564 § 1, 1998)
Modification of a tentative map after approval or conditional
approval shall not extend the time limits imposed by this chapter.
(Ord. 109 § 11(D), 1975)
The approval or conditional approval of a tentative parcel map
shall expire twenty-four months from the date the map was approved
or conditionally approved.
(Ord. 109 § 12, 1975; Ord. 162 § 1, 1977; Ord. 298 § 3, 1983)
An extension request shall be for a period not to exceed twelve
months. Extensions of tentative parcel map approval or conditional
approval shall not exceed an aggregate of thirty-six months.
(Ord. 298 § 4, 1983; Ord. 457 § 2, 1991)
The city council may impose a requirement that any dedication
or offer of dedication of a street shall include a waiver of direct
access rights to such street from any property shown on a final map
as abutting thereon, and that if the dedication is accepted, such
waiver shall become effective in accordance with the provisions of
the waiver of direct access. In addition, the council may require
a waiver of access to an existing street which abuts a subdivision
if it determines that a safety hazard would be created as a result
of direct access.
(Ord. 109 § 13, 1975)
As a condition of approval of a final map, a subdivider who
develops or completes the development of one or more subdivisions
within the Redlands Elementary School District shall dedicate to the
school district such lands as the council shall deem to be necessary
for the purpose of constructing thereon schools necessary to assure
the residents of the subdivision adequate elementary school service.
(Ord. 109 § 14(A), 1975)
The requirement of dedication shall be imposed at the time of
approval of the tentative map. If within thirty days after the requirement
of dedication is imposed by the city the Redlands 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 sixty days after the filing of the final map on any
portion of the subdivision.
(Ord. 109 § 14(B), 1975)
The Redlands 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:
A.
The
cost of any improvements to the dedicated land since acquisition by
the subdivider;
B.
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;
C.
Any
other costs incurred by the subdivider in maintenance of such dedicated
land, including interest costs incurred on any loan covering such
land.
(Ord. 109 § 14(C), 1975)
As a condition of approval of a 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 title.
(Ord. 109 § 15(A), 1975)
Where a park, recreational facilities, fire station, library,
or other public use is shown on an adopted specific plan or adopted
general plan containing a community facilities element, recreation
and parks element and/or a public building element, the subdivider
may be required by the city council to reserve sites as so determined
by the city or county in accordance with the definite principals and
standards contained in the above specific plan or general 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 unfeasible. The reserved area shall conform to the adopted
specific plan or general plan and shall be in such multiples of streets
and parcels as to permit an efficient division of the reserved area
in the event that it is not acquired within the prescribed period.
(Ord. 109 § 15(B), 1975)
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
such period of time is extended by mutual agreement.
(Ord. 109 § 15(C), 1975)
The purchase price shall be the market value thereof at the
time of the filing of the tentative map plus the taxes against such
reserved area from the date of the reservation and any other such
costs incurred by the subdivider in the maintenance of such reserved
area, including interest costs incurred on any load covering such
reserved area.
(Ord. 109 § 15(D), 1975)
If the public agency for whose benefit an area has been reserved
does not enter into such a binding agreement, the reservation of such
area shall automatically terminate.
(Ord. 109 § 15(E), 1975)
As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements in accordance with the city standard construction drawings and the provisions of Sections 16.04.280 through 16.04.320.
(Ord. 109 § 16(A), 1975)
Streets, alleys, easements and parks shall conform as follows:
A.
Major
Streets and Thoroughfares. Major streets and thoroughfares for opening
or widening shall conform to good engineering and planning procedures
and shall be subject to the review and approval of the city council.
B.
Local
Streets.
1.
Local
streets shall not be less than sixty feet in width, or dedicated to
that width of previously dedicated portions of streets, and shall
be located to provide natural drainage with no drainage pockets and
adjusted to the topography. There shall be a minimum number of intersections
with major streets or thoroughfares, and blocks shall be not less
than six hundred feet in length. All street intersections shall have
corner cutbacks of not less than a ten-foot radius.
2.
When
one or more streets or alleys are dedicated or proposed to be dedicated
as part of a subdivision or an approved parcel map, such streets and
alleys shall conform to and be, as nearly as possible, in alignment
with other established or dedicated streets or alleys.
C.
Dead-end
Streets. Dead-end streets shall be terminated by a turnaround area
not less than ninety-six feet in diameter separated to the depth of
one lot from the exterior boundary line or other topographical features
of the subdivision or parcel map.
D.
Boundary
Line Streets—Half Streets. Boundary line streets and half streets
shall be required to be developed to a minimum width of twenty-eight
feet or to such greater width as may be required by the city council
in the public interest and to facilitate safe and convenient traffic.
Such partial streets shall be permitted only when assurances are presented
in writing by the owner of the adjoining property of his or her intention
to dedicate the remaining parts of the street when such adjoining
property is subdivided or when the city council determines that such
partial dedications are necessary for safety and convenience.
E.
Alleys.
1.
Improved
alleys twenty feet wide shall be provided at the rear of all lots
when required by the city council.
2.
All
alley intersections shall have corner cutbacks of not less than a
ten-foot radius.
3.
Alleys
in the rear of business, industrial, or income property shall be designed
and located according to the plan for the development of the particular
use involved. All public utilities shall be placed and maintained
in such alleys whenever practicable to do so.
G.
Pedestrian
Ways. Pedestrian ways may be required near the middle of long blocks
and at the end of cul-desacs.
H.
Small
Parks. Small parks or other public areas shall be dedicated as may
be appropriate.
I.
Curved
Streets. Curved streets in comparatively level locations shall have
a centerline radius of five hundred feet or greater.
J.
Street
Corners. Street corners shall have a minimum twenty-foot curb radius
with the property line designed so as not to reduce the parkway widths.
K.
Alley
Corners. All alley corners intersecting with streets shall have a
minimum curb radius of not less than eight feet.
L.
Street
Connections or Intersections. All street connections or intersections
shall be made at approximately right angles.
(Ord. 109 § 16(B), 1975)
Lots and blocks shall have dimensions suitable to the land uses
proposed and shall be, in no case, less than the minimum sizes specified
in the zoning laws.
(Ord. 109 § 16(C), 1975)
Lots in residential zones shall be not less than sixty feet
wide measured at the building line and one hundred feet deep with
a sixty-five foot minimum width for corner lots; provided, however,
those lots located at the end of a cul-desac street may have a minimum
width at the building setback line of not less than fifty feet provided
the average width of such lot is not less than sixty feet. Side lines
of lots shall be approximately normal to the street line. When large
lots are proposed, the shapes and building locations may be required
to be so established as to permit later practical resubdivision. No
reserved lots or strips shall be permitted. Every lot shall front
or abut on a dedicated street, except for deep lot subdivisions, where
the extension of a public street is not practical, access may be provided
by a private street or common driveway, the standards for which shall
be established by the city council as part of the approval of the
tentative parcel map. Deep lot subdivisions shall apply only to subdivisions
of four lots or less. In the case of all subdivisions, double frontage
lots shall be avoided.
(Ord. 109 § 16(C) (1), 1975; Ord. 417 § 1, 1989)
Blocks shall ordinarily be two lot depths in width and not over
one thousand four hundred feet in length. If shown at greater width,
the city council may require easements or other assurances to permit
later practical resubdivision.
(Ord. 109 § 16(C) (2), 1975)
The purpose of this section is to make provision for assessing
and collecting fees as a condition of approval of a final map or as
a condition of issuing a building permit for the purpose of defraying
the actual or estimated costs of constructing bridges or major thoroughfares
pursuant to Section 66484 of the Government Code.
(Ord. 109 § 17, 1975)
The subdivider may be required to install improvements for the
benefit of the subdivision which may contain supplemental size capacity
or number for the benefit of property not within the subdivision as
a condition precedent to the approval of a subdivision or parcel map,
and thereafter to dedicate such improvements to the public; however,
the subdivider shall be reimbursed 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 pursuant
to the provisions of the Subdivision Map Act.
(Ord. 109 § 18(A), 1975)
No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.04.130 is held thereon by the city council, and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
(Ord. 109 § 18(B), 1975)
In addition to the notice required by Section 16.04.130, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten days prior to the date established by the city for the hearing.
(Ord. 109 § 18(C), 1975)
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in Section 16.04.330 the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this chapter. The city may enter into reimbursement agreements with a subdivider who constructs said facilities and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth herein.
(Ord. 109 § 18(D), 1975)
Any improvement agreement, contract or act required or authorized
by the Subdivision Map Act, for which security is required, shall
be secured in the manner provided for in Section 66499 of the Subdivision
Map Act.
(Ord. 109 § 19(A), 1975)
There shall be one hundred percent of the total estimated cost
of the improvement or of the act to be performed, conditioned upon
the faithful performance of the act or agreement, and, in addition,
fifty percent of the total estimated cost of the improvement or the
performance of the required act, securing payment to the contractor,
his or her subcontractors and to persons furnishing labor, materials
or equipment to them for the improvement or the performance of the
required act plus an additional ten percent for the guarantee and
warranty of the work for a period of one year following the completion
and acceptance thereof against any defective work or labor done, or
defective materials furnished. If the improvement security is other
than a bond or bonds furnished by duly authorized corporate surety,
an additional amount shall be included as determined by the city council
as necessary to cover the cost and reasonable expenses and fees, including
reasonable attorneys' fees, which may be incurred by the city
in successfully enforcing the obligation secured.
(Ord. 109 § 19(B), 1975; Ord. 162 § 2, 1977)
The improvement security shall also secure the faithful performance
of any changes or alterations in the work to the extent that such
changes or alterations do not exceed ten percent of the original estimated
cost of the improvement.
(Ord. 109 § 19(C), 1975)
In the event the required subdivision improvements are financed
and installed pursuant to special assessment proceedings, the subdivider
may apply to the city council for a reduction in the amount of the
improvement security required under this chapter up to an amount corresponding
to the amount of faithful performance and labor and material bonds
required by the special assessment act being used. The city council
may grant such reduction if it finds that such bonds have been in
fact provided and that the obligations secured thereby are substantially
equivalent to that required by this chapter.
(Ord. 109 § 19(D), 1975)
The improvement security required under this chapter shall be
released in the following manner:
A.
Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection B of this section.
B.
The
city council may release a portion of the security in conjunction
with the acceptance of the performance of the act or work as it progresses
upon application therefor by the subdivider; provided, however, that
no such release shall be for an amount less than twenty-five percent
of the total improvement security given for faithful performance of
the act or work and that the security shall not be reduced to an amount
less than fifty percent of the total improvement security given for
faithful performance until final completion and acceptance of the
act or work. In no event shall the city council authorize a release
of the improvement security which would reduce such security to an
amount below that required to guarantee the completion of the act
or work and any other obligation imposed by this chapter, the Subdivision
Map Act, or the improvement agreement.
C.
Security
given to secure payment to the contractor, his or her subcontractors
and to persons furnishing labor, materials or equipment, may, six
months after the completion and acceptance of the act or work, be
reduced to an amount equal to the amount of all claims therefor filed
and of which notice has been given to the legislative body, plus an
amount reasonably determined by the city council to be required to
assure the performance of any other obligations secured thereby. The
balance of the security shall be released upon the settlement of all
such claims and obligations for which the security was given.
D.
No
security given for the guaranty or warranty of work shall be released
until the expiration of the period thereof.
(Ord. 109 § 19(E), 1975)
Subdivided property may be reverted to acreage pursuant to provisions
of this chapter.
(Ord. 109 § 20(A), 1975)
Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the planning department. The petition shall contain the information required by Section 16.04.460 and such other information as required by the planning department.
(Ord. 109 § 20(B), 1975)
The city council of the city, on its own motion, may by resolution
initiate proceedings to revert property to acreage. The city council
shall direct the planning department to obtain the necessary information
to initiate and conduct the proceedings.
(Ord. 109 § 20(C), 1975)
Petitioners shall file the following:
A.
Evidence
of title to the real property; and
B.
1.
Evidence
of the consent of all of the owners of an interest(s) in the property,
or
2.
Evidence
that none of the improvements required to be made have been made within
two years from the date the final map or parcel map was filed for
record, or within the time allowed by agreement for completion of
the improvements, whichever is later, or
3.
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;
(Ord. 109 § 20(D), 1975)
Petitions to revert property to acreage shall be accompanied by a fee of one hundred fifty dollars. If the proceedings are initiated pursuant to Section 16.04.440, the person or persons who requested the city council to initiate the proceedings shall pay a fee of two hundred dollars. Fees are not refundable.
(Ord. 109 § 20(E), 1975)
A.
A public hearing shall be held before the city council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 16.04.130. The city clerk may require such other notice that he or she deems necessary or advisable. The city council may approve a reversion to acreage only if it finds and records in writing that:
1.
Dedications
or offers of dedication to be vacated or abandoned by the reversion
to acreage are unnecessary for present or prospective public purpose;
and
2.
Either:
a.
All owners of an interest in the real property within the subdivision
have consented to reversion, or
b.
None of the improvements required to be made have 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, or
c.
No lots shown on the final or parcel map were filed for record.
B.
The
city council may require as conditions of the reversion:
(Ord. 109 § 20(F), 1975)
Except as provided in Section 16.04.470, upon filing of the final map for reversion to acreage with the county recorder, all deposits shall be returned to the subdivider and all improvement securities shall be released by the city council.
(Ord. 109 § 20(G), 1975)
After the hearing before the city council and approval of the
reversion, the final map shall be delivered to the county recorder.
(Ord. 109 § 20(H), 1975)
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 map for reversion shall
be of no further force and effect.
(Ord. 109 § 20(I), 1975)
A.
At
the time of making the survey for the final map, the engineer or surveyor
shall set sufficient durable monuments to conform with the standards
described in Section 8771 of the Business and Professions Code so
that another engineer or surveyor may readily retrace the survey.
B.
He
shall also set any additional monuments as may be set forth on those
standard drawings which the city engineer may prepare for the purpose
of identifying subdivision monumentation requirements of the city.
C.
All
monuments necessary to establish the exterior boundaries of the subdivision
shall be set or referenced prior to recordation of the final map.
(Ord. 109 § 21, 1975)
Every map approved pursuant to this chapter shall be conditioned
on compliance with the requirements for grading and erosion control,
including the prevention of sedimentation or damage to off-site property,
set forth in Uniform Building Code.
(Ord. 109 § 22, 1975)
Four or fewer contiguous parcels under the same ownership may,
with the approval of the community development director, be merged
by submitting a certificate of compliance with the new legal description
for recordation by the community development department.
(Ord. 544 § 1, 1996)
The ordinance codified in this chapter is enacted pursuant to
the authority granted by Chapter 4.5 (commencing with Section 66498.1)
of Division 2 of Title 7 of the Government Code of the state of California
(hereinafter referred to as the "Vesting Tentative Map Statute"),
and may be cited as the "vesting tentative map ordinance."
(Ord. 345 § 1-1, 1985)
A.
It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and Chapter 16.04 of the Loma Linda Municipal Code. Except as otherwise set forth in the provisions of this chapter, the provisions of Chapter 16.04 of the Loma Linda Municipal Code shall apply to this vesting tentative map chapter.
B.
To
accomplish this purpose, the regulations outlined in this chapter
are determined to be necessary for the preservation of the public
health, safety and general welfare, and for the promotion of orderly
growth and development.
(Ord. 345 § 1-2, 1985)
A.
A "vesting tentative map" means a tentative map for a residential subdivision, as defined by Chapter 16.04, of the Loma Linda Municipal Code, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.08.060, and is thereafter processed in accordance with the provisions hereof.
(Ord. 345 § 1-4, 1985)
No land shall be subdivided and developed pursuant to a vesting
tentative map for any purpose which is inconsistent with the general
plan and any applicable specific plan or which is not permitted by
the zoning ordinance or other applicable provisions of this code.
(Ord. 345 § 1-3, 1985)
A.
This chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 16.04 requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
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, a permit
for construction, or work preparatory to construction.
(Ord. 345 § 1-5, 1985)
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 16.04 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."
(Ord. 345 § 2-1, 1985)
Upon filing a vesting tentative map, the subdivider shall pay
the same fees as required for a tentative subdivision map. The rate
of such fees shall be set by resolution of the city council for the
filing and processing of a tentative map.
(Ord. 345 § 2-2, 1985)
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 Chapter 16.04 for the expiration of the approval or conditional approval of a tentative map.
(Ord. 345 § 2-3, 1985)
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 Government
Code Section 66474.2.
B.
Notwithstanding subsection A of this section, a permit, approval, extension or entitlement may be made conditional 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 16.08.080. If the final map is approved, these rights shall last for the following periods of time:
1.
An
initial time period of twenty-four months. Where several final maps
are recorded on various phases of a project covered by a single vesting
tentative map, this initial time period shall begin for each phase
when the final map for that phase is recorded;
2.
The initial time period set forth in subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review;
(Ord. 345 § 3-1, 1985)
A.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, the 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 the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 16.08.090A, confer the vested right to proceed with the development in substantial compliance and the map, as approved.
B.
The rights conferred by this section shall be for the time periods set forth in Section 16.08.090C.
(Ord. 345 § 3-2, 1985)
