(a) A parcel map shall be required for all subdivisions of four or fewer
parcels unless exempted elsewhere in this title, or where a tract
map is required.
(b) No land shall be separated in ownership or divided, other than a subdivision which is subject to the provisions of Chapters
22.16 through
22.76, and no such divided parcel shall be separately maintained, unless the division conforms to that shown on a parcel map which has been approved by the city council, after a recommendation from the planning commission, and recorded in the office of the county recorder.
(c) No building permit shall be issued, and no building or structure
shall be constructed, altered or maintained on any land which has
been separated in ownership or otherwise divided in violation of the
provisions of this chapter and until and unless a parcel map approved
under the provisions of this chapter, has been recorded in the office
of the county recorder.
(d) No portion of any property shown on the latest equalized county assessment
roll as a unit or contiguous units shall be excluded from within the
boundaries of a subdivision for the purpose of avoiding dedication
or improvement of any traffic, drainage or flood control facility.
(e) Any parcel of land created from another parcel by means of filing
or recording a map, the approval of which is required by any law,
must have access to an all-weather road, the design, location and
width of which are approved by the city engineer.
(f) When a parcel map is required by this title, a tentative map shall
be filed with the secretary of the planning commission. Said map shall
meet all the requirements for tentative maps provided by the Subdivision
Map Act and this title.
(g) All conditions of approval shall be completed prior to filing of
the parcel map.
(Ord. 88-O-117 § 1, 1988)
The regulations in this chapter shall not apply to the leasing or sale of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or trailer park, nor to mineral, oil or gas leases, nor shall they apply to the following divisions of land, except as may be required by Sections
22.80.030 through
22.80.059:
(1) Those made solely for the purpose of opening or widening of a public
street or alley, or those involving the conveyance, transfer, creation
or establishment of an easement for pedestrian or vehicular access,
sewer, water or public utility, provided that no divisions or parcels
of land are created other than those directly caused by such action;
(2) A lot line adjustment between two or more existing adjacent parcels
where the secretary to the planning commission determines that all
of the following conditions exist:
(A) The resulting number of lots or parcels remains the same or is decreased,
(B) The parcels resulting from the lot line adjustment conform to the
provisions of this chapter,
(C) The division does not result in moving any line separating two or
more lots or parcels more than a reasonable distance, as determined
by the secretary,
(D) The division does not reorient any lot or parcel so as to establish
frontage on a different street than on which said parcel previously
fronted.
The lot line adjustment shall be reflected in a deed, which
shall be recorded;
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(3) Those made solely because of the acquisition of lands by governmental
agencies or freeways, parks, public buildings, flood control channels
or other public purposes;
(4) Those involving land dedicated for cemetery purposes under the applicable
provisions contained in the
Health and Safety Code of the state;
(5) Any other mandatory exceptions to the applicability of the Subdivision
Map Act as provided in the Subdivision Map Act, Sections 66412, 66412.1,
66412.5 as amended.
(Ord. 88-O-117 § 1, 1988; Ord. 91-O-101 § 2, 1991)
(a) Definitions. For purposes of this section, the following definition
shall apply:
"Urban lot split"
means a lot split of a single-family residential lot into
two parcels that meets the requirements of this section.
(b) The city shall ministerially approve a parcel map for a lot split
that meets the following requirements:
(1) The parcel is located within a single-family residential zone.
(2) The parcel is located at least partially in an urbanized area or
urban cluster as designated by the United States Census Bureau.
(3) The parcel map divides an existing parcel to create no more than
two new parcels of approximately equal lot area, provided that one
parcel shall not be smaller than 40% of the lot area of the original
parcel.
(4) Both newly created parcels are no smaller than 1,200 square feet.
(5) The parcel is not located in any of the following areas and does
not fall within any of the following categories:
(A) A historic district or property included on the State Historic Resources
Inventory, as defined in Section 5020.1 of the
Public Resources Code,
or within a site that is designated or listed as a city landmark or
historic property or district pursuant to a city ordinance.
(B) Prime farmland or farmland of statewide importance as further defined
in
Government Code Section 65913.4(a)(6)(B).
(C) Wetlands as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(D) A very high fire hazard severity zone as further defined in Government
Code Section 65913.4(a)(6)(D). This does not apply to sites excluded
from the specified hazard zones by a local agency, pursuant to subdivision
(b) of Section 51179, or sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation
measures applicable to the development.
(E) A hazardous waste site that is listed pursuant to Section 65962.5
or a hazardous waste site designated by the Department of Toxic Substances
Control pursuant to Section 25356 of the
Health and Safety Code, unless
the State Department of Public Health, State Water Resources Control
Board, or Department of Toxic Substances Control has cleared the site
for residential use or residential mixed uses.
(F) A delineated earthquake fault zone as determined by the state geologist
in any official maps published by the state geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission
under the California Building Standards Law and by the city's
building department.
(G) A special flood hazard area subject to inundation by the 1% annual
chance flood (100 year flood) as determined by the Federal Emergency
Management Agency (FEMA) in any official maps published by FEMA. If
an applicant is able to satisfy all applicable federal qualifying
criteria in order to provide that the site satisfies this subparagraph
and is otherwise eligible for streamlined approval under this section,
the city shall not deny the application on the basis that the applicant
did not comply with any additional permit requirement, standard, or
action adopted by the city that is applicable to that site. A development
may be located on a site described in this subparagraph if either
of the following are met:
(i)
The site has been subject to a letter of map revision prepared
by FEMA and issued to the city; or
(ii)
The site meets FEMA requirements necessary to meet minimum flood
plain management criteria of the Nation Flood Insurance Program as
further spelled out in
Government Code Section 65913.4(a)(6)(G)(ii);
(H) A regulatory floodway as determined by FEMA in any of its official
maps, published by FEMA unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of
the Code of Federal Regulations. If an applicant is able to satisfy
all applicable federal qualifying criteria in order to provide that
the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, the city shall not deny the
application on the basis that the applicant did not comply with any
additional permit requirement, standard, or action adopted by the
city that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan as further spelled out in
Government Code
Section 65913.4(a)(6)(I).
(J) Habitat for protected species identified as candidate, sensitive,
or species of special status by state or federal agencies, fully protected
species, or species protected by the federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code).
(K) Lands under a conservation easement.
(6) The proposed lot split would not require demolition or alteration
of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance or law
that restricts rents to levels affordable to persons and families
of moderate, low, or very low income;
(B) Housing that is subject to any form of rent or price control by the
city;
(C) A parcel or parcels on which an owner of residential real property
exercised rights under
Government Code Section 7060 et seq. to withdraw
accommodations from rent or lease within 15 years before the date
of the application; or
(D) Housing that has been occupied by a tenant in the last three years.
(7) The lot split does not create more than two units on a parcel, including
any accessory dwelling units or junior accessory dwelling units.
(8) Flag lots are not permitted, unless necessary to comply with this
section.
(c) Standards and Requirements. The following requirements shall apply:
(1) The lot split must conforms to all applicable objective requirements of the California Subdivision Map Act (
Government Code Sections 66410, et seq.) and Title
22 of the Placentia Municipal Code, except as the same are modified by this section.
(2) No setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an
existing structure.
(3) Except for those circumstances described in subsection (c)(2) above,
the setback for side and rear lot lines for units 800 square feet
or less shall be four feet. For units 801 square feet and larger,
the side and rear set back shall be the same as set forth in the single-family
residential zone or applicable single-family residential specific
plan land use designation. The front setback shall be as set forth
in the applicable single-family residential zone or applicable single-family
residential specific plan land use designation.
(4) The applicant shall provide easements for the provision of public
services and facilities as required to service the newly created lots.
(5) All lots shall have a minimum street frontage of 10 feet to provide
for vehicular access and shall comply with driveway requirements of
Title 23.
(6) Off-street parking shall be limited to one space per unit and follow the standards in Title
23, unless they conflict with this section, in which case this section will prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
(A) The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined by
Public Resources Code
Section 21155(b) or a major transit stop as defined in Public Resources
Code Section 21064.3; or
(B) There is a car share vehicle located within one block of the parcel.
(7) Lot coverage shall be the same as set forth in the single-family
residential zone, so long as it does not prevent the construction
of two 800 square foot units.
(8) All grading shall comply with Chapter
20.40 (Grading and Excavating) of this code.
(9) Each resulting property must adjoin the public right of way or have
vehicular access to the public right of way through a fee interest
or perpetual access easement.
(10) Driveway locations are subject to public works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section
23.04.010 of this code.
(11) Properties must have an approved route for firefighter access and
hose pull to all existing or potential structures within 150 feet
of the fire apparatus. All properties shall comply with all fire protection
requirements set forth in the California Fire Code and Title 18 of
this code.
(12) Each resulting lot (properties) must have dedicated wet (water, sewer,
storm drain) and dry (gas and electric) utilities which shall meet
the following standards:
(A)
Location and size shall be determined in accordance with city
standards.
(B)
Water shall include domestic, irrigation, and fire water systems.
(C)
Property shall be responsible to install new or upsized connections
to city facilities in accordance with city standards.
(D)
Unused connections shall be abandoned per city standard.
(d) In connection with an application under this section, the city shall
not:
(1) Require dedications of rights-of-way or the construction of off-site
improvements for the parcels being created as a condition of issuing
a parcel map.
(2) Impose any objective zoning, subdivision, or design review standards
that would have the effect of physically precluding the construction
of two units on either of the resulting parcels or that would result
in a unit size of less than 800 square feet.
(3) Require the correction of nonconforming zoning provisions as a condition
for the lot split.
(4) Deny an application solely because it proposes adjacent or connected
structures provided that that all building code safety standards are
met and they are sufficient to allow a separate conveyance.
(e) An applicant for an urban lot split shall be required to sign an
affidavit in a form approved by the city attorney to be recorded against
the property stating the following:
(1) That applicant intends to occupy one of the housing units as their
principal residence for a minimum of three years from the date of
approval. This requirement does not apply when the applicant is a
"community land trust" or a "qualified nonprofit
corporation" as the same are defined in the Revenue and Taxation
Code.
(2) That the uses shall be limited to residential uses.
(3) That any rental of any unit created by the lot split shall be for
a minimum of 31 days.
(4) That the maximum number of units to be allowed on the parcels is
two, including, but not limited to, units otherwise allowed pursuant
to density bonus provisions, accessory dwelling units, and junior
accessory dwelling units.
(5) That prohibits the separate fee interest conveyance of any unit on
the parcel.
(6) That the parcel is formed by an urban lot split and is subject to
the city's urban lot split regulations, including all applicable
limits on dwelling size and development.
(f) The city may deny the lot split if the building official makes a
written finding, based upon a preponderance of the evidence, that
the proposed housing development project would have a specific, adverse
impact, as defined and determined in
Government Code Section 65589.5(d)(2),
upon the public health and safety or the physical environment and
for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact.
(g) This section shall not apply to:
(1) Any parcel which has been established pursuant to a lot split in
accordance with this section; or
(2) Any parcel where the owner of the parcel being subdivided or any
person acting in concert with the owner has previously subdivided
an adjacent parcel in accordance with this section. For purposes of
this section, it will be assumed that where a lot owner purchased
the property from an adjacent owner who subdivided his property pursuant
to this division within five years of the lot split, the owner is
acting in concert with the then owner of the adjacent lot. Acting
in concert shall also include where the owner of a property proposed
for an urban lot split is the same, related to, or connected by partnership
to the owner, buyer or seller (if transferred within the previous
three years) of an adjacent lot. However, acting in concert is not
limited to these situations.
(h) Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter
23.73 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
(i) The provisions of this section supersede any provisions of the Titles
22 and
23 of the municipal code to the contrary.
(j) An existing nonconforming or unpermitted dwelling unit may be legalized
if it meets or can be improved to meet all requirements of Article
1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division
13 of the
Health and Safety Code relating to enforcing building code
standards. Nothing in this subsection shall be construed as a requirement
for the correction of nonconforming zoning conditions as a condition
of approval for a two unit housing development.
(Ord. O-2022-01 § 1, 2022; Ord. O-2022-07 § 4, 2022)
(a) All or part of the requirements for a tentative and parcel map shall
be waived for the following:
(1) Subdivisions of a portion of the operating right-of-way or a railroad
corporation defined by Section 230 of the
Public Utilities Code, which
are created by short-term leases (terminable by either party on not
more than 30 days' notice in writing).
(2) Land conveyed to or from a governmental agency, public entity, public
utility or for land conveyed to a subsidiary of a public utility for
conveyance to that public utility for rights-of-way, unless a showing
is made in individual cases upon substantial evidence, that public
policy necessitates a parcel map.
(b) The secretary of the planning commission shall make a finding that
the proposed division of land complies with requirements as to area,
improvement and design, floodwater drainage control, appropriate improved
public roads, sanitary disposal facilities, water supply availability,
environmental protection and other requirements of the Subdivision
Map Act and the subdivision ordinance.
(c) Upon the waiver of the parcel map requirement, pursuant to this section,
the city engineer shall file a certificate of compliance for the land
to be divided and a plat map showing the division with county recorder.
(Ord. 90-O-119 § 1, 1990)
The initial action in connection with the making of a division
shall be the preparation of a tentative map which shall comply with
the requirements of this chapter, and shall include the following
data:
(1) A location map at a minimum scale of one inch equals 1,000 feet indicating
the location of the proposed division and the land use in the surrounding
area;
(2) The dimensions and record boundaries of the total parcel together
with a legal description of the total parcel attached to the map;
(3) The dimensions and boundaries of each proposed parcel;
(4) The names, addresses and telephone numbers of the property owner(s),
the persons filing the map, and the registered civil engineer or licensed
land surveyor who prepared the map;
(5) The abutting streets and alleys and existing surface improvements
and proposed dedications and improvements;
(6) Sufficient elevation and contours to determine the general slope
of the land and the high and low points thereof, including all adjacent
properties for a distance of 200 feet;
(7) The widths, location and purpose of all existing or proposed easements
including oil well and oil line easements when applicable;
(8) Lot layout, dimensions, area in square feet, and a number for each
parcel, which numbering shall start with and be numbered consecutively;
(9) The outline of any existing buildings within the division and within
100 feet adjacent thereto, in relation to existing street and lot
lines;
(10) Location of all areas subject to inundation or storm water overflow
and the location, width and direction of flow of all watercourses,
the flood zone and flood level;
(11) The location of proposed sanitary sewers, storm water drains and
all other existing or proposed utilities above or below grade;
(12) The location of existing sewers, culverts, or other underground structures
within the division and within 100 feet adjacent thereto, with sizes
and grades indicated;
(13) Existing use or uses of the property;
(14) Statement of the improvements and public utilities proposed to be
made or installed and of the time at which such improvements are proposed
to be completed;
(15) Provision for proposed sewerage and sewage disposal;
(16) Approximate location of each area covered by trees with a statement
of the types and approximate height of such trees, and the kind and
approximate location of all trees standing within the boundaries of
proposed public right-of-way;
(17) Such other information as the city engineer, director of development
services, planning commission, or city council determines is necessary
to properly consider the proposed division, including, but not limited
to, topographic data;
(18) The map shall be on one or more sheets 18 inches wide by 26 inches
long. It shall be legibly drawn, using an engineer's scale and
shall clearly show the required information;
(19) To the extent feasible, the design of the subdivision shall provide
for future passive or natural heating or cooling opportunities in
the subdivision pursuant to the requirements of Section 66473.1 and
Section 66475.B of the Subdivision Map Act and as required by the
Placentia Municipal Code.
(Ord. 88-O-117 § 1, 1988)
Reports and written statements required to accompany a tentative
map shall be as follows:
(1) Statement regarding the existing zoning and use of the property;
(2) Statement to the city signed and acknowledged by the owner or owners
of the land sought to be divided, expressly authorizing the submission
of the tentative map by the divider;
(3) Statement as to the purpose of the division and to the proposed development
of the parcels;
(4) Proposed source of water supply and sewage disposal indicating whether
or not the requirements of this chapter can be complied with;
(5) A copy of any condition, restrictive reservation or covenant existing
or proposed;
(6) "Designated remainder" parcels shall be treated in conformance
with the provisions of the Subdivision Map Act;
(7) Liens. In the event that an owner's development lien has been
created on the real property or portion thereof subject to the tentative
map, a notice shall be placed on the face of the tentative map specifically
referencing the book and page in the county recorder's office
in which the resolution creating the owner's development lien
was recorded.
The notice shall state that the property to be subdivided is
subject to an owner's development lien and that each parcel
created by the recordation of the map shall be subject to a prorated
amount of the owner's development lien on a per acre or portion
thereof basis.
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(Ord. 88-O-117 § 1, 1988)
(a) The tentative map shall be prepared in substantial compliance with
the Subdivision Map Act and the provisions of this chapter prior to
filing with the secretary to the planning commission.
(b) A tentative parcel map shall be considered complete for consideration by the advisory agency, only when all information required by Sections
22.80.030 through
22.80.050 have been filed. If the tentative map is a portion of a larger area which may be divided later, the tentative map shall indicate the ultimate plan for the entire area.
(c) Each person applying for approval of a tentative map shall file 20
legible blue or black line print copies of the tentative map and the
required application materials on file with planning division with
the secretary to the planning commission. Said maps shall be prepared
by a licensed land surveyor or registered civil engineer licensed
in the state, as provided for in the
Business and Professions Code,
and shall be based upon a field survey, unless public records are
sufficiently complete to establish the required information.
(d) Each person applying for approval of a tentative map shall also pay
the filing fee prescribed by the city fee schedule, at the time of
map filing.
(Ord. 88-O-117 § 1, 1988)
(a) A local agency may make recommendations concerning proposed subdivisions
in the city or in any adjoining unincorporated territory provided
such subdivisions are within three miles of the exterior boundary
of the local agency.
(b) A local agency which desires to make recommendations concerning such
proposed subdivision shall file with the city a map indicating the
territory in which it desires to make such recommendations.
(c) Upon receipt of such territorial map, the city shall issue a receipt
therefor and shall thereafter transmit to the official designated
by such local agency one copy of each tentative map of subdivisions
located wholly or partially within the territory outlined on the territorial
map. Such transmission shall be within five days after the receipt
of the tentative map.
(Ord. 88-O-117 § 1, 1988)
(a) Within 10 days of the filing of a tentative map as provided for in
the Subdivision Map Act and this title, the secretary of the planning
commission shall send a notice of the filing of the tentative map
to the governing board of any elementary, high school or unified school
district within the boundaries of which the subdivision is proposed
to be located.
(b) Such notice shall also contain information about the location of
the proposed subdivision, the number of units, density and any other
information which would be relevant to the affected school district.
(c) Such school governing board may review the notice and may send a
written report to the city. If a written report is made by the governing
board, the report shall indicate the impact of the proposed subdivision
on the affected school district and shall make such recommendations
as the governing board of the district deems appropriate.
(d) If a written report is made by the governing board, such report shall
be returned within 20 working days of the date on which the notice
was mailed to the school district for comment.
(e) In the event that the governing board of any such district fails
to respond within the 20 day period, such failure to respond shall
be deemed approval of the proposed subdivision.
(Ord. 88-O-117 § 1, 1988)
(a) Upon receipt of a complete tentative map application, the secretary
to the planning commission shall prepare a report with recommendations
and shall set the matter for public hearing before the planning commission.
At least 10 calendar days before the public hearing, a notice shall
be given of the time, date and place of the hearing, including a general
explanation of the matter to be considered and a general description
of the area affected. The notice shall be published at least once
in a newspaper of general circulation, published and circulated in
the city. In addition to notice by publication, notice of the hearing
shall be given by mail or delivery to all property owners as indicated
on the latest equalized assessment roll within a 300 foot radius of
the exterior boundary lines of the property which is the subject of
the proposed application.
(b) The secretary to the planning commission may give such other notice
that is deemed necessary or advisable.
(c) Substantial compliance with these provisions for notice shall be
sufficient, and a technical failure to comply shall not affect the
validity of any action taken according to the procedures in this chapter.
(Ord. 88-O-117 § 1, 1988)
(a) The planning commission shall report, in writing, to the city council
on any tentative map within 50 days of the date of filing with the
secretary to the planning commission unless this time period is extended
by mutual consent of the planning commission and the subdivider. However,
if an environmental impact report is prepared for the tentative map,
the 50 day period specified in this section shall not be applicable
and the advisory agency shall render its report or decision required
by this section within 45 days after certification of the environmental
impact report. Failure to act within either the time limits prescribed
or the agreed upon extension shall be deemed approval of the tentative
map.
(b) Any reports or recommendations on the map of any subdivision submitted
to the planning commission shall be submitted in writing to the subdivider
at least three days prior to final action by the planning commission.
(c) Upon the basis of the above points, the planning commission shall
recommend to the city council the approval, conditional approval,
or denial of said map. The commission shall transmit to city council
a copy of the tentative map and a copy of the report setting forth
the recommendation of the commission thereon within the specified
time. The planning commission shall make findings regarding the following
facts as they now appear in
Government Code Section 66473.5 and 66474
as amended.
(1) The subdivision is consistent with the adopted general plan and any
specific plans;
(2) The design or improvement is consistent with the general plan and
any specific plans;
(3) The site is physically suitable for the proposed type and/or density
of development;
(4) The design or improvements are not likely to cause substantial environmental
damage;
(5) The design or type of improvement is not likely to cause serious
public health problems;
(6) The design or type of improvement will not conflict with easements
of record, or established by judgment, acquired by the public at large
for access through or use of property within the proposed subdivision
or if an easement conflict exists, alternative easements which are
substantially equivalent will be provided;
(7) The subdivision is in conformity with the provisions of this title.
(d) The planning commission may require as a condition of its approval
that the payment by the subdivider of all development fees required
to be paid at the time of the application for, or issuance of, a building
permit or other similar permit shall be made at the rate for such
fees in effect at the time of such application or issuance.
(e) The planning commission may modify or delete any of the conditions
of approval recommended in the staff report. The planning commission
may add additional requirements as a condition of its approval.
(Ord. 88-O-117 § 1, 1988; Ord. 88-O-122 § 4, 1988)
(a) At the next regular meeting of the city council after receipt of
the planning commission report, the city council shall consider the
map, or shall set the meeting date at which the map will be considered,
which date shall be within 30 days after receipt of the planning commission
report.
(b) Any reports or recommendations on the map or maps of any subdivision,
submitted to the city council, shall be submitted in writing to the
subdivider at least three days prior to final action on the map or
maps by the city council.
(c) The city council may deny a tentative map because of flood hazard
and inundation, or may require protective improvement to be constructed
as a condition precedent to approval of the map.
(d) The decision of the city council shall be final, and no other administrative
appeal may be taken.
(Ord. 88-O-117 § 1, 1988)
After the approval of the tentative map of any division on which
improvements have been required, the subdivider shall furnish the
following information to the city engineer:
(1) Five copies of the grading plan consisting of typical cross sections
and finished grades of all lots, roads, streets and highways in the
proposed new subdivision per city standards;
(2) Five copies of plan-profile drawings on all streets, sanitary sewer
and storm drainage improvements; utilities may be shown in plan only.
All tracings or duplicate tracings shall be filed with the city engineer.
Scale shall be one inch equals 40 feet plan and one inch equals (4)
feet profile on 24 inch by 36 inch size sheets, mylar or approved
equal, with city standard title block;
(3) Estimated costs of improvements to be dedicated to the city or other
servicing agencies. The cost of estimate shall include 10% contingency;
(4) An improvement plan checking fee and final map checking fee prescribed
by the city fee schedule shall be submitted;
(5) Five copies of preliminary utility/plot plans;
(6) Five copies of proposed final parcel map with additional data per Section
22.80.130;
(7) Two copies of preliminary soils analysis report data. When a soils
report, geologic report or soils and geologic report has been prepared
specifically for the subdivision, each report shall be kept on file
for public inspection;
(8) A hydrology study of the proposed area development. (May be waived
by city engineer);
(9) Any other relative information required by the conditions of approval,
city council or city engineer.
(Ord. 88-O-117 § 1, 1988)
(a) Minor amendments to the approved or conditionally approved tentative
map or conditions of approval may be approved by the director of development
services upon application by the subdivider, provided:
(1) No lots, units, or building sites or structures are added;
(2) Changes are consistent with the intent and spirit of the original
tentative map approval;
(3) There are no resulting violations of this code or the Subdivision
Map Act.
(b) The amendment shall be indicated on the approved or conditionally
approved tentative map and certified by the director of development
services.
(c) Amendments to the tentative map or conditions of approval, which, in the opinion of the director of development services are not minor, shall require a revised tentative map. Processing shall be in accordance with Section
22.80.090. (Any approved amendment shall not alter the expiration date of the tentative map).
(Ord. 88-O-117 § 1, 1988)
(a) Revised tentative maps shall comply with all of the requirements of Section
22.80.030 through
22.80.050.
(b) Action on revised tentative maps shall conform to the procedures established in Sections
22.80.060 and
22.80.070.
(c) A revised tentative map submitted after compliance with the provisions of subsections
(a) and
(b) of this section, which involves a major change in the street layout of the previous submittal shall be subject to the following:
(1) Forfeiture of the improvement plan checking fee for the previous
submittal;
(2) Repayment of the improvement plan checking fee as specified in Section
22.80.080 and based on the design of the revised tentative map.
(Ord. 88-O-117 § 1, 1988)
(a) Within 24 months after approval or conditional approval of the tentative
map or maps, the subdivider shall cause the subdivision or any part
thereof, to be surveyed and a parcel map to be prepared in accordance
with the tentative map as approved or conditionally approved.
(b) Upon application by the subdivider, the time limit may be extended
a total of 12 months by the city council.
(c) Pursuant to Section 66463.5(c) of the
Government Code and upon application
of the subdivider, the time at which the map expires pursuant to subdivisions
(a) and (b), may be extended by the city council for a period or periods
not to exceed a total of three years. The extension specified in this
subdivision shall be in addition to the period of time provided by
subdivisions (a) and (b).
(d) Any failure to record a parcel map within 24 months from the approval
or conditional approval of the tentative map, or any extension thereof
granted by the city council shall terminate all proceedings. Before
a final map may thereafter be recorded, a new tentative map shall
be submitted.
(Ord. 88-O-117 § 1, 1988; Ord. 92-O-122 § 4, 1992)
(a) The parcel map shall be clearly and legibly delineated upon tracing
cloth of polyester base film of good quality and in conformity with
accepted engineering practices. All lines, letters, figures, certificates,
acknowledgements and signatures shall be made in black water proof
India ink except that affidavits, certificates and acknowledgements
may be legibly stamped or printed upon the map with black opaque ink.
(All sheets shall have a one inch margin on all borders). (The scale
of the map shall be large enough to show all details clearly, but
in no case at an engineer's scale where one inch equals more
than 80 feet). One sheet or as many sheets as are necessary to accommodate
the map may be used. Each sheet shall be numbered, the relation of
one sheet to another clearly shown, and number of sheets used shall
be set forth on each sheet. The R.S.T. number, scale, north point
and sheet number shall be shown on each sheet of the final map. Each
such sheet and the lettering thereon shall be so oriented that, with
the north point directed away from the reader, the map may be read
most conveniently from the bottom or lower right corner of such sheet.
(b) When dedications or offers for dedication of utilities, easements
and/or right-of-way are to be made to the public entity, a separate
title sheet shall be prepared for the parcel map.
(Ord. 88-O-117 § 1, 1988)
The parcel map, shall be prepared by or under the direction
of a registered civil engineer or licensed land surveyor in the state,
as provided for in the
Business and Professions Code, and shall show
the following:
(1) Boundaries and Streets. The exterior boundaries of the property (shown
in blue border); the border lines and centerlines of all proposed
streets and alleys with their widths and names; any other portions
intended to be dedicated to the public use. In case of branching streets,
the line of departure from one street to another shall be indicated;
(2) Adjacent Streets. The lines of all adjoining properties; the lines
of adjacent streets and alleys, showing their widths and names;
(3) Lot Lines and Numbers. All lot lines, and numbers for all lots, easements
and their purposes. All lots are to be numbered consecutively throughout
the division, starting with the number "1";
(4) Dimensions. All dimensions, both linear and curvilinear, for locating
boundaries of divisions, lots, street and alley lines, easements and
building lines. The linear dimensions shall be expressed in feet to
hundredths of a foot. A basis of bearings shall be shown based on
previously recorded maps;
(5) Monuments. All permanent monuments per Section
22.16.040, together with their descriptions showing fully and clearly their location and size; if any points were reset by ties, that fact shall be stated;
(6) Title and Description. Title and description of property being divided,
showing its location and extent, points of compass, scale of plan,
basis of bearing and name of subdivider and of engineer or surveyor
plotting the tract;
(7) Dedications of streets and easements within the proposed subdivision;
(8) Any easements of record shall be shown on the map or reference to
them made thereon, including oil well and oil line easements, when
applicable;
(9) City Boundaries. City boundaries which adjoin the subdivision shall
be clearly designated and located in relation to adjacent lot or block
lines. No lot shall be divided by a city boundary line;
(10) Title Sheets. The title sheet of each parcel map when required, shall
contain a title consisting of "Parcel Map" and sub-title
consisting of a description of all property being subdivided by reference
to such map or maps of the property shown thereon, as shall have been
previously recorded, or shall have been previously filed with the
county clerk pursuant to a final judgment in any action in partition,
or shall have been previously filed in the office of the county recorder
under authority of Chapter 3, Part 2 of Division 4 of the Business
and Professions Code of the state, or by reference to the plot of
any United States Survey. The title sheet shall also show in a form
acceptable to the city engineer such appropriate certificates and
acknowledgments as:
(A) Engineer's/surveyor's certificate,
(B) City engineer's certificate,
(D) County surveyor's certificate,
(F) City clerk's certificate,
(G) Signatures or statement of signature omissions pursuant to Section
66436 of the Subdivision Map Act;
(11) Parcel maps shall not require a city clerk's certificate or
a certificate signed and acknowledged by all parties having any record
title interest in the real property subdivided, except when dedications
or offers of dedication are made on the parcel map;
(12) Index Map. If more than one map sheet is used in preparing the parcel
map, there shall be included either on the title sheet or first map
sheet an index map showing the general plan of the subdivision and
the portions thereof included on each map sheet;
(13) Boundary Line. The boundary lines of a subdivision shall be indicated
by a border of light blue ink approximately one-sixteenth (1/16) of
an inch in width applied on the reverse side of the tracing and outside
such boundary line. Such ink shall be of such density as to be transferred
to a blue line print of such map and not to obliterate any line, figure
or other data appearing on such map;
(14) Evidence Determining Boundary. On each parcel map there shall be
fully and clearly shown and identified such monuments or other evidence
determining the boundaries of the subdivision as were found on the
ground, together with sufficient corners of adjoining subdivisions
by lot and tract number and place of record, or by section, township
and range or other proper legal description as may be necessary to
locate precisely the limits of the subdivision.
(Ord. 88-O-117 § 1, 1988)
The following additional material shall be submitted with the
final parcel map to the city engineer:
(1) Traverse sheets showing the mathematical closure within one foot
in 20,000 feet in the perimeter of the exterior boundary of the map
and of each parcel within the map.
(2) A guaranty of title or letter from a competent title company, certifying
the names of all persons whose consent is necessary to pass a clear
title to the land being divided. Such guaranty shall be issued for
the benefit and protection of the city and shall be continued complete
up to the instant of recording.
(3) Additional information may be required to be filed or recorded simultaneously
with a parcel map. The additional information shall be in the form
of a separate document or an additional map sheet which shall indicate
its relationship to the parcel map, and shall contain a statement
that the additional information is for informational purposes describing
conditions as of the date of filing, and is not intended to affect
record title interest.
(4) Additional survey and map information may include but need not be
limited to building setback lines, flood hazard zones, seismic lines
and setbacks, geologic mapping and archaeological sites.
(Ord. 88-O-117 § 1, 1988)
A final map shall be considered ready for recordation, or presentation to city council for approval when it complies with Section
22.80.110 and the following has been complied with: Filing. The subdivider shall file the following with the city engineer:
(1) The original tracings on linen of the final parcel map, the improvement
plans and any other plans as required for the city engineer to make
his required certification;
(3) A copy of deed restrictions;
(4) Easement deeds as may be required;
(5) A copy of completed petition documents for annexation to the Placentia
street lighting district. If the division is not presently a part
of a street lighting district, the subdivider shall file the original
petition document with the county surveyor;
(6) An agreement for all improvements as herein required, and as may
further be required by the city council or by law, and shall secure
the faithful performance thereof by a good and sufficient surety bond
executed by a surety company, which bond, shall be in an amount equal
to the cost of the improvement as estimated by the city engineer.
An additional labor and materials bond, equal to 100% of the cost
of the improvements as determined by the city engineer, shall be deposited.
Said bonds shall be further conditioned to the effect that should
the subdivider fail to complete all work required to be done by him
within 12 months, the city may, at its option, cause all required
work to be done and the parties executing the bond shall be firmly
bound for the payment of all necessary costs therefor;
(7) A plastic transparency (Size: 81/2 inches by 11 inches) of the parcel
map being submitted;
(8) Full payment of fees and deposits as required by the conditions of
approval shall be made at the time of issuance of a grading permit
or, if none, at the time of the issuance of the building permit.
(Ord. 88-O-117 § 1, 1988)
The following functions shall be performed after filing within
such time as may be reasonably necessary:
(1) The city engineer shall examine the final map and certify the following:
(A) That the final map substantially conforms to the tentative map and
approved alterations thereof;
(B) That the final map meets the provisions of this title and the Subdivision
Map Act;
(C) When applicable, that the map is exempt from the signature and signature
omission requirements of Section 66436 of the Subdivision Map Act.
(2) Approval by City Council. Parcel maps which include dedications or
offers for dedication to the public entity of utilities, easements
or offers for dedication to the public entity of utilities, easements
and/or right-of-way shall be presented to the city council by the
city engineer for approval.
(A) Upon presentation of the material to the city engineer as aforesaid,
the city council shall consider said map, and the offers of dedication.
The city council may reject any or all offers of dedication or require
dedication of all proposed streets. In the event that improvements
are required under the terms of this title or by law, the city council
shall authorize the mayor and city clerk to sign the agreement on
behalf of the city and accept the improvement bonds as provided herein.
In such case, when the agreement and bond have been approved by the
city attorney as to form, and by the city engineer as to sufficiency,
the city council may consider the parcel map.
(B) Upon request of the applicant in writing to the city engineer, bonding
for requirements may be waived by the city council upon condition
that the map require the improvements be bonded at the time of site
development approval.
(C) After the city council determines that said map is in conformity
to the requirements of this title, it shall authorize the city clerk
to sign said map on behalf of the city. In case the city council determines
that said map is not in conformity with the requirements of this title,
it shall not approve said map, specifying reasons therefor and advising
the subdivider of such disapproval. Within 90 days thereafter, the
subdivider may file with the city engineer a map altered to meet with
the approval of the city council and which shall conform with the
procedures specified herein.
(Ord. 88-O-117 § 1, 1988)
(a) The representative title company for the developer after signatures
and seals have been affixed, shall transmit the parcel map cloth tracings,
accompanied by the necessary recording fee, to the county recorder.
No map shall have any force or effect until it has been approved by
the city engineer and no title to any property described in any offer
of dedication shall pass until recordation of the parcel map, unless
approved by the city council.
(b) No grading and/or building permit(s) shall be issued until recordation
of the parcel map, unless approved by the city council. The city council
may, upon the written application of the subdivider, approve issuance
of a grading and/or building permit for construction on a parcel created
by the map, before the recordation of the map pursuant to Section
66464 of the
Government Code, as amended, when it is satisfied that
all conditions of the parcel map have been fulfilled.
(c) After recordation, the developer shall submit to the city engineer
one blue line print on cloth and six blue line paper prints and one
reproducible polyester base or linen copy of the recorded parcel map.
(d) Additional Requirements:
(1) Ties to Horizontal Control. Prior to recordation of a final tract
map, the surveyor/engineer preparing the map shall tie the boundary
of the map into the horizontal control system established by the county
surveyor in a manner described in Sections 7-9-330 and 7-9-337 of
the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18.
(2) Digital Map Submission. Prior to recordation of a final tract map,
the surveyor/engineer preparing the map shall submit to the county
surveyor a digital-graphics file of the map in a manner described
in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18.
(Ord. 88-O-117 § 1, 1988; Ord. 92-O-122 § 2, 1992)