(a)
A report as to conform it 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 advisory agency 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 advisory agency 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. 823 § 1, 1975)
This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "subdivision ordinance of Laguna Beach." All development projects, including those subject to the subdivision ordinance, shall also be subject to the coastal development permit requirements as defined in Chapter 25.07 of this code.
(Ord. 823 § 1, 1975; Ord. 1226 § 4, 1992; Ord. 1253 § 4, 1992)
In accordance with Section 66412(d) of the California Government
Code, a lot line adjustment between two or more existing building
sites, or between parcels of land contained within an existing building
site, where the land taken from one building site is added to an adjacent
building site, or where interior parcel lines are eliminated for the
purpose of consolidation, and where a greater number of parcels than
originally existed is not thereby created, is exempt from this chapter,
provided the lot line adjustment is approved by the city council of
the city of Laguna Beach and observes the following requirements:
(a)
The project site described in the proposal consists of legal building
sites as defined in Title 25 (Zoning) of this code;
(b)
The proposal does not create one or more building site(s);
(c)
Any land taken from one site will be added to an adjacent site and
no additional sites will result from the lot line adjustment;
(d)
The project complies with the requirements of the California Environmental
Quality Act;
(e)
The proposal is consistent with the general plan;
(f)
The parcels proposed to be adjusted by the lot line adjustment comply
with all applicable zoning regulations or, in the case of existing,
legal nonconforming lots, do not significantly or adversely increase
the extent of such nonconformity;
(g)
The lot line adjustment, in and of itself, will not result in the
need for additional improvements and/or facilities;
(h)
The proposal does not include any lots or parcels created illegally;
(i)
The project does not impair any existing access, create a need for
new access, impair any existing easements or create a need for any
new easements serving any adjacent lots or parcels.
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Lot line adjustment applications shall be filed by the legal
owner(s) on a form prescribed by the director of community development
and submitted with a fee as established by resolution of the city
council. Since the forms, if approved, must be filed for record with
the Orange County recorder they shall be drawn in a clear, legible
and professional manner using conventional surveying or civil engineering
techniques. An acceptable current title report, excerpt or lot book
report that verifies the legal ownership of the parcels under consideration
shall be submitted.
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Any failure to file for the record an approved lot line adjustment
form within ninety days from the date of approval by the city council
shall result in a termination of approval unless prior to expiration
an application for extension not to exceed an additional ninety days
is submitted in writing for approval by the director of community
development.
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(Ord. 1216 § 2, 1991)
Tentative Maps. The planning commission shall constitute the
"advisory agency" for tentative maps, parcel maps and subdivision
maps.
(Ord. 823 § 1, 1975)
No tentative or final map shall be required for any subdivision
where each parcel created by the division has a gross area of sixty
acres or more.
(Ord. 823 § 1, 1975)
A parcel map shall be filed and recorded for any subdivision
for which a tentative and final map is to be 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 planning commission, based upon substantial
evidence, that public policy necessitates such a map, this exception
shall not apply.
Such maps shall meet all the requirements of the Subdivision
Map Act and of this chapter and shall show all dedications or offers
of dedication thereon. The planning commission may require that such
dedications or offers of dedication be made by deed in lieu of or
in addition to appearing on the map.
(Ord. 823 § 1, 1975)
When a tentative parcel map shall first be filed with the planning
commission, said map shall meet all the requirements for tentative
maps provided by the Subdivision Map Act and this chapter.
(Ord. 823 § 1, 1975)
(a)
Tentative Map. Every person submitting a tentative map shall pay
a processing fee in an amount prescribed by resolution of the city
council.
(b)
Final Map. The subdivider shall, at the time of submitting the final
map to the planning department, pay to the city a processing fee as
set by resolution of the city council.
(c)
Parcel Map. The subdivider shall, at the time of submitting the parcel
map to the planning department, pay to the city a processing fee as
set by resolution of the city council.
(d)
A fee for incidental process for lot line adjustments, reversions
to acreage and other processes relative to the California Subdivision
Map Act shall be set by resolution of the city council.
(Ord. 823 § 1, 1975; Ord. 1007 § 6, 1981)
Prior to the submittal of a tentative tract map or tentative
parcel map, environmental impact information, including but not limited
to the following, shall be submitted:
(1)
Geologic report on basic suitability of proposal, noting suspected
faulting and slide areas;
(2)
Soils report containing evaluations or recommended cut and fill slopes,
foundation design, etc. The soils report shall be in conformance to
the city's grading ordinance;
(3)
The drainage area tributary to the subdivision and a statement setting
forth in detail, but not quantitatively, the manner in which storm
runoff will enter the subdivision, the manner in which it will be
carried through the subdivision, and the manner in which disposal
beyond the subdivision boundaries will be assured;
(4)
Any other information or studies, such as traffic studies, vegetation
analysis, archeological studies, etc.
(Ord. 922 § 1, 1978)
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 chapter. The subdivider shall file as many
copies of the tentative map as may be required by the planning department.
(a)
Tentative Parcel Map Requirements. A tentative parcel map shall be
legibly drawn on sheets of tracing paper or cloth measuring not less
than eighteen inches by twenty-six inches. Said map shall be drawn
to scale so that all details including topography, drainage, etc.,
are discernible. Such map shall be suitable for reproduction and shall
show and contain the following:
(1)
Sufficient legal description of the land included on the map to define
the boundaries of the parcel map;
(2)
Names, addresses and telephone numbers of the record owner, subdivider
and person preparing the map;
(3)
North point, scale, date and acreage of tract;
(4)
The width, approximate location and names of all existing or proposed
easements or rights-of-way, whether public or private for roads, drainage,
sewers, flood control purposes or public utilities;
(5)
Names of and distances from the nearest cross street;
(6)
The locations, widths and approximate grades of all highways, streets,
alleys or ways within and adjacent to such map;
(7)
The actual street names for each highway or street shown on the map;
(8)
Approximate centerline radius of all curves on highways, streets,
alleys or way;
(9)
The lot layout, the approximate dimensions and area of each lot and
a number for each lot;
(10)
The locations of all areas subject to inundation or flood hazard
and the locations, width and directions of flow of all watercourses
and flood control channels;
(11)
The contour of the land at intervals of not more than two feet if
the general slope of the land is less than ten percent or of not more
than five feet if the general slope of the land is more than ten percent;
(12)
The location and outline to scale of each building or structure aboveground,
noting thereon whether or not such building or structure is to be
removed from or remain in the development of the subdivision;
(13)
The location and size of existing wells, cesspools, sewers, culverts,
drain pipes, underground structures or sand, gravel or other excavations
within two hundred feet of any portion of the subdivision noting thereon
whether or not they are to be abandoned, removed or used;
(14)
A general location map of the area to be subdivided showing its relation
to existing main thoroughfares and the distance from the nearest public
street centerline to the boundary of the proposed subdivision;
(15)
Use or uses proposed in the subdivision;
(16)
Source, name of supplier and availability of domestic water;
(17)
Type of other utilities which are proposed to serve the subdivision,
including but not limited to gas, electricity, communications and
cable television, and the name of the utility company or agency that
will provide the service;
(18)
Type of street improvement and street lights;
(19)
Proposed method of sewage disposal;
(20)
The drainage area tributary to the subdivision and a statement setting
forth in detail but not quantitatively the manner in which storm runoff
will enter the subdivision, the manner in which it will be carried
through the subdivision, and the manner in which disposal beyond the
subdivision boundaries will be assured;
(21)
Geologic report on basic suitability of proposal, noting suspected faulting and slide areas and prepared in accordance with Chapter 14.78 of this code;
(22)
Soils report containing recommended cut and fill slopes, building
heights, etc., which shall be in conformance with the city grading
ordinance;
(23)
Show location, degree and extent of all cut and/or fill slopes, existing
and proposed;
(24)
Justification and reasons for any exceptions to the provisions of
this title, if any;
(25)
All data contained within the tentative parcel map shall be based
upon a field survey of the land in conformance with the Land Surveyor's
Act;
(26)
Tree planting plans;
(27)
Environmental impact information.
(b)
Conference Before Preparing Map. After noting the above, subdivider
should confer with the staff of the planning commission before preparing
the tentative map of the proposed subdivision.
(d)
Compliance for Filing. Each tentative parcel map shall be reviewed
by the city engineer and the director of planning and development
prior to the acceptance thereof. When it is found by them that the
requirements for filing have been fully met, they shall accept it
for filing and forthwith refer it to the planning commission.
(e)
Surveys shall close within an error of one foot in ten thousand feet.
(f)
Each lot shall be shown entirely on one sheet.
(g)
Reports by Officers or Departments: Failure to Report. Within twenty
days after each city officer or department has received a copy of
the tentative map, the officer or department shall make a report in
writing to the planning commission as to any recommendations in connection
with the tentative map and its bearing on the particular function
of that official or department. Failure to so report shall be deemed
approval.
(Ord. 823 § 1, 1975; Ord. 1001 § 3, 1981)
(a)
Purpose and Intent.
(1)
It is the purpose of this section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute and to supplement the provisions of the Subdivision Map Act and this chapter pursuant to 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. Except as otherwise set forth in the provisions of this section, the provisions of Title 21 shall apply.
(2)
To accomplish this purpose, the regulations set forth herein 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.
(b)
Consistency. No land shall be subdivided and developed pursuant to
a vesting tentative map for any purpose which is inconsistent with
the general plan or any applicable specific plan or not permitted
by the zoning ordinance or other applicable provision of this code.
(c)
Application.
(1)
This section shall only apply to residential developments. Whenever
a provision of the Subdivision Map Act is implemented and supplemented
by this title, requiring the filing of a tentative tract map or tentative
parcel map for a residential development, a vesting tentative map
may instead be filed in accordance with the provisions hereof.
(2)
If a subdivider does not seek the rights conferred by the vesting
tentative map statute, the filing of a vesting tentative map shall
not be a prerequisite to any approval for any proposed subdivision,
permit for construction or work preparatory to construction.
(d)
Filing and Processing. A vesting tentative map shall be filed in
the same form and have the same contents, accompanying data and reports
and shall be processed in the same manner as set forth in this title
for a tentative map except as hereinafter provided:
(1)
At the time a vesting tentative map is filed it shall have printed
conspicuously on its face the words "Vesting Tentative Map" in bold
letters at least one-half inch in height.
(2)
At the time a vesting tentative map is filed, a subdivider shall also supply the following information in addition to the filing requirements of Sections 21.08.085 and 21.08.090:
(A)
Plans of the proposed maximum building envelopes (the three dimensional
structural limits of height and area consisting at a minimum of a
site plan and elevations), which comply with all applicable zoning
regulations (the actual approved building envelope may be significantly
reduced due to localized conditions identified during the site-specific
design review process);
(B)
Sewer, water, drainage and road details; and
(C)
Grading plans prepared in accordance with Title 21 of this code.
(e)
Expiration. The approval or conditional approval of a vesting tentative
map shall expire at the same time, and shall be subject to the same
extensions established by this chapter and the Subdivision Map Act
for the expiration of the approval or conditional approval of a tentative
map.
(f)
Vesting on Approval of Vesting Tentative Map. 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.
However, if Section 66474.2 of the Government Code is repealed,
the approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with development in substantial compliance
with the ordinances, policies and standards in effect at the time
the vesting tentative map is approved or conditionally approved.
(1)
Notwithstanding the above, a permit, approval, extension or entitlement
may be made conditional or denied if any of the following is determined:
(2)
The rights referred to herein shall expire if a final map is not
approved prior to the expiration of the vesting tentative map. If
the final map is approved, these rights shall last for the following
periods of time:
(A)
An initial time period of twelve months. Where several final maps
are recorded or 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.
(B)
The initial time period set forth in subsection (f)(2)(A) of this
section shall be automatically extended by any time used by processing
a complete application for a grading permit or for design or architectural
review, if such processing extends thirty days, from the date a complete
application is filed.
(C)
A subdivider may apply to the city council for a one-year extension
at any time before the initial time period set forth in subsection
(f)(2)(A) of this section expires.
(D)
If the subdivider submits a complete application for a building permit
during the periods of time specified above, the rights referred to
herein shall continue until the expiration of that permit, or any
extension of that permit.
(g)
Development Inconsistent with Zoning—Conditional Approval. 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, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in 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 subsection (f) of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.
(Ord. 1100 § 1, 1986; Ord. 1315 § 1, 1996)
(a)
Expiration. The approval or conditional approval of a tentative map
shall expire twelve months from the date the map was approved or conditionally
approved.
(b)
Extension. The person filing the tentative map may request an extension
of the tentative map approval or conditional approval by written application
to the department of community development for processing to and approval
or denial by the city council, such 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.
(c)
Time Limit on Extensions. An extension or extensions of tentative
map approval or conditional approval shall not exceed an aggregate
of one year.
(d)
Effect of Map Modification on Extension. Modification of a tentative
map after approval or conditional approval shall not extend the time
limits imposed by this section.
(Ord. 823 § 1, 1975; Ord. 1007 § 5, 1981)
Failure to file a parcel map with the county recorder within
sixty days from the approval or conditional approval of such map shall
terminate all proceedings. Any subdivision of the same land shall
require the filing of a new map.
(Ord. 823 § 1, 1975)
The advisory agency 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.
(Ord. 823 § 1, 1975)
(a)
This section is enacted pursuant to the authority granted by Section
66477 of the Government Code of the state of California. The park
and recreational facilities for which dedication of land and/or payment
of a fee is required by this section are in accordance with the recreational
element of the general plan of the city of Laguna Beach, adopted by
the city of Laguna Beach on March 18, 1959.
(b)
Requirements. As a condition of approval of a final map or parcel
map, the subdivider shall dedicate land, pay a fee in lieu thereof,
or both, at the option of the city, for park or recreational purposes
at the time and according to the standards and formula contained in
this section.
(c)
General Standard. It is hereby found and determined that the public
interest, convenience, health, welfare and safety require that five
acres of property for each one thousand persons residing within this
city be devoted to local park and recreational purposes.
(d)
Standards and Formula for Dedication of Land. Where a park or recreational
facility has been designated in the Laguna Beach park and recreation
plan, an element of the general plan of the city, and is to be located
in whole or in part within the proposed subdivision to serve the immediate
and future needs of the residents of the subdivision, the subdivider
shall dedicate land for a local park sufficient in size and topography
to serve the residents of the subdivision. The amount of land to be
provided shall be determined pursuant to the following standards and
formula:
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Net Density Per Dwelling Unit
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Percentage of the Gross Area of the Subdivision Required When
Park Land is Dedicated
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|---|---|
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1 D.U. per acre or more
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0.60%
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1 D.U. per 1/2 to 1 acre
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1.20%
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1 D.U. per 10,000 sq. ft. to 1/2 acre
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1.73%
|
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1 D.U. per 9,000 to 9,999 sq. ft.
|
2.70%
|
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1 D.U. per 8,000 to 8,999 sq. ft.
|
3.01%
|
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1 D.U. per 7,000 to 7,999 sq. ft.
|
3.40%
|
|
1 D.U. per 6,000 to 6,999 sq. ft.
|
3.90%
|
|
1 D.U. per 5,000 to 5,999 sq. ft.
|
4.58%
|
|
10 to 19 D.U.s per acre
|
5.79%
|
|
20 to 29 D.U.s per acre
|
9.30%
|
|
30 to 39 D.U.s per acre
|
12.56%
|
|
40 to 49 D.U.s per acre
|
15.58%
|
|
50 to 59 D.U.s per acre
|
18.40%
|
|
60 to 69 D.U.s per acre
|
21.05%
|
|
70 to 79 D.U.s per acre
|
23.54%
|
|
00 to 89 D.U.s per acre
|
25.85%
|
|
90 to 99 D.U.s per acre
|
28.00%
|
|
100 D.U.s and over per acre
|
29.07%
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(e)
Formula for Fees in Lieu of Land Dedication.
(1)
General formula. If there is no park or recreational facility designated
in the Laguna Beach park and recreation plan to be located in whole
or in part within the proposed subdivision to serve the immediate
and future needs of the residents of the subdivision, the subdivider
shall, in lieu of dedicating land, pay a fee equal to the value of
the land prescribed for dedication in subsection (d) hereof and in
an amount determined in accordance with the provisions of subsection
(d) hereof, such fee to be used for a local park which will serve
the residents of the area being subdivided.
(2)
Fees in lieu of land; fifty parcels or less. If the proposed subdivision
contains fifty parcels or less, the subdivider shall pay a fee equal
to the land value of the portion of the local park required to serve
the needs of the residents of the proposed subdivision as prescribed
in subsection (d) hereof and in an amount determined in accordance
with the provisions of subsection (e)(1) hereof.
(3)
Use of money. The money collected hereunder shall be used only for
the purpose of providing park or recreational facilities reasonably
related to serving the subdivision by way of the purchase of necessary
land or, if the city council deems that there is sufficient land available
for the subdivision, for improving of such land for park and recreational
purposes.
(f)
Criteria for Requiring Both Dedication and Fee. In subdivisions of
over fifty lots, the subdivider shall both dedicate land and pay a
fee in lieu thereof in accordance with the following formula:
(1)
When only a portion of the land to be subdivided is proposed on the
Laguna Beach park and recreation plan as the site for a local park,
such portion shall be dedicated for local park purposes and a fee
computed pursuant to the provisions of subsection (d) hereof shall
be paid for any additional land that would have been required to be
dedicated pursuant to subsection (d) hereof;
(2)
When a major part of the local park or recreational site has already
been acquired by the city and only a small portion of land is needed
from the subdivision to complete the site, such remaining portion
shall be dedicated and a fee computed pursuant to the provisions of
subsection (d) hereof shall be paid in an amount equal to the value
of the land which would otherwise have been required to be dedicated
pursuant to subsection (d) hereof, such fees to be used for the improvement
of the existing park and recreational facility or for the improvement
of other local parks and recreational facilities in the area serving
the subdivision.
(g)
Amount of Fee In-Lieu of Land Dedication. Where a fee is required
to be paid in-lieu of land dedication, the amount of such fee shall
be based upon the following provisions:
During the first year after adoption of the ordinance codified in this subsection, the fee shall be based on the average sales price per acre of vacant residentially zoned property sold within the twelve-month period immediately preceding the date of the city council review of the final map. In the second year after adoption of the ordinance codified in this subsection, the fee shall be based on the average sales price per acre of vacant residentially zoned property sold within the previous twenty-four month period preceding the date of city council review of the final map. From and after the third year following adoption of the ordinance codified in this subsection, the fee shall be based on the average sales price per acre of vacant residentially zoned property calculated once-a-year in January utilizing data from the preceding three calendar year period. The amount of such fee to be paid shall correspond to the value of the amount of land which would otherwise be required to be dedicated, pursuant to the provisions contained in subsection (d) of this section.
(h)
Subdivisions Not Within General Plan. Where the proposed subdivision
lies within an area not then but to be included within the city general
plan, the subdivider shall dedicate land, pay a fee in lieu thereof,
or both, in accordance with the adopted park and recreation principles
and standards of the city general plan and in accordance with the
provisions of this section.
(i)
Determination of Land or Fee. Whether the city council accepts land
dedication or elects to require payment of a fee in lieu thereof,
or a combination of both, shall be determined by consideration of
the following:
(1)
Recreational element of the city's general plan;
(2)
Topography, geology, access and location of land in the subdivision
available for dedication;
(3)
Size and shape of the subdivision and land available for dedication;
(4)
The feasibility of dedication;
(5)
Compatibility of dedication with the Laguna Beach park and recreation
plan; and
(6)
Availability of previously acquired park property.
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The determination of the city council as to whether land shall
be dedicated, or whether a fee shall be charged, or a combination
thereof, shall be final and conclusive.
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(j)
Procedure. At the time of approval of the tentative map or parcel map, the city council shall determine pursuant to subsection (d) hereof the land to be dedicated and/or fees to be paid by the subdivider.
At the time of the filing of the final map or parcel map, the
subdivider shall dedicate the land or pay the fees as previously determined
by the city council.
Open space covenants for private park or recreational facilities
shall be submitted to the city prior to approval of the final subdivision
map or parcel map and shall be recorded contemporaneously with the
final subdivision map or parcel map.
(k)
Commencement of Development. At the time of approval of the final
subdivision map, the city council shall specify when development of
the park or recreational facilities shall be commenced.
(1)
Exemptions. The provisions of this section shall not apply to subdivisions
containing less than five parcels and not used for residential purposes;
provided, however, that a condition may be placed on the approval
of such parcel map that if a building permit is requested for construction
of a residential structure or structures on one or more of the parcels
within four years, the fee may be required to be paid by the owner
of each such parcel as a condition to the issuance of such permit.
The provisions of this section also shall not apply to industrial
subdivisions; nor to condominium projects which consist of the subdivision
of airspace in an existing apartment building which is more than five
years old when no new dwelling units are added; nor to parcel maps
for a subdivision containing less than five parcels for a shopping
center containing more than three hundred thousand square feet of
gross leasable area and no residential development or uses.
(Ord. 823 § 1, 1975; Ord. 1007 § 4, 1981; Ord. 1352 § 1, 1999)
(a)
Requirements. 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 section.
(b)
Standards and Formula for Reservation of Land. Where a park, recreational
facility, 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 to reserve sites as so determined
by the city or county in accordance with the definite principles 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.
(c)
Procedure. The public agency for whose benefit an area has been reserved
shall at the time of approval of the final map or parcel map enter
into a binding agreement to acquire such reserved area within two
years after the completion and acceptance of all improvements, unless
such period of time is extended by mutual agreement.
(d)
Payment. 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
costs incurred by the subdivider in the maintenance of such reserved
area, including interest costs incurred on any loan covering such
reserved area.
(e)
Termination. If the public agency for whose benefit an area has been
reserved does not enter into such binding agreement, the reservation
of such area shall automatically terminate.
(Ord. 823 § 1, 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.
(Ord. 823 § 1, 1975)
(a)
Required Access. All subdivisions for which a tentative map or parcel
map is required pursuant to Government Code 66426 shall provide any
and all appropriate cable television systems an opportunity to construct,
install and maintain a cable television system on public streets,
highways, alleys, public properties, public easements and any and
all land identified on the tract map as dedicated to public utility
use. All applicable cable television systems shall be entitled and
allowed to place and locate wires, conduits, appurtenances, and any
and all equipment necessary to extend cable television service to
each residential parcel in the subdivision such to the design review
approval. Access for the construction, installation and maintenance
of a cable television system, to public streets, highways, public
properties, public easements, and any and all land identified on the
map as dedicated or to be dedicated to public utility use shall be
granted upon terms mutually acceptable to the subdivider and the appropriate
cable television system. If no mutually acceptable terms can be agreed
upon, all appropriate cable television systems shall have the right
to construct, at their sole expense, separate trenches and place therein
all equipment necessary to extend their cable television system to
each residential parcel in the subdivision.
(b)
Definitions. "Appropriate cable television systems" as used in this
section, means those franchised or licensed to serve the geographic
area in which the subdivision is located. "Public easements," as used
in this section, includes but is not limited to any easement created
by dedication to the city for public utility purposes or any other
purpose whatsoever.
(c)
Multiple Cable Systems. When multiple appropriate cable television
systems shall install cable television equipment in separate trenches,
the trenching activity shall be performed as close in time and physical
proximity to the trenching for public utility lines as practicable.
(d)
City Council Action. The city council shall not approve tentative tract maps or parcel maps without the imposition of the conditions as set forth in subsection (a) hereof.
(e)
Exceptions. This section shall not apply to the conversion of existing
dwelling units to condominiums, community apartments or stock cooperatives.
If any of the requirements of this section are deemed or held by any
court of competent jurisdiction or administrative agency to be inconsistent
with Government Code Section 66473.3, or other applicable law, said
requirements shall be deemed null and void and unenforceable.
(Ord. 1182 § 1, 1989)
(a)
Local Drainage Areas Established. There are established as local
drainage areas the following areas within the city:
(1)
North Local Drainage Area;
(2)
West Local Drainage Area;
(3)
Central Local Drainage Area.
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There is incorporated by reference and made a part hereof that
certain master plan of drainage of the city, describing the above
local drainage areas, said master plan of drainage being dated July
1982, and having been adopted by the city council by Resolution No.
82.66, dated July 20, 1982.
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(b)
North Local Drainage Area; Fees. As a condition of approval of any
final subdivision map incorporating any portion of the North Local
Drainage Area, the subdivider shall construct those drainage facilities
necessary to conduct storm waters within and from the subdivision
to the satisfaction of the city engineer. No drainage fees are required.
(c)
West Local Drainage Area; Fees. As a condition of approval of any
final subdivision map incorporating any portion of the West Local
Drainage Area, the subdivider shall construct those drainage facilities
necessary to conduct storm waters within and from the subdivision
to the satisfaction of the city engineer. No drainage fees are required.
(d)
(1)
Central Local Drainage Area; Fees. As a condition of approval of
any final subdivision map incorporating any portion of the Central
Local Drainage Area, the subdivider shall pay drainage fees, based
upon the following schedule, for the purpose of defraying the actual
or estimated costs of constructing the planned drainage facilities
in said Central Local Drainage Area as described in the master plan
of drainage of the city heretofore adopted; provided, however, that
said fees shall be subject to a maximum of six thousand two hundred
twenty-five dollars per gross acre, said maximum fee to be prorated
on the total area of the subdivision.
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Proposed Type of Construction
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Drainage Fee
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Dwelling, single-family
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The lesser of (a) $3,910.00 per dwelling or (b) $6,225.00 per
gross acre prorated on the total area of the subdivision.
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Dwelling, two-family or multiple family
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The lesser of (a) $2,932.00 per unit or (b) $6,225.00 per gross
acre prorated on the total area of the subdivision.
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Commercial, industrial
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$6,225.00 per gross acre prorated on the total area of the subdivision.
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(2)
The fees set forth in the foregoing schedule, and the maximum fee
per acre, shall be increased or decreased in proportion to the percentage
increases or decreases in the Los Angeles Area Construction Cost Index,
as published in the Engineering-News Record magazine, comparing with
the April 1982 index value of four thousand five hundred twenty-seven
dollars and fifty-one cents, using the 1913 base year equals 100 index.
The fees are to be computed as of the date of approval of the final
subdivision map by the city council.
(e)
Central Local Drainage Area; Fund. A special fund is established called the "Central Local Drainage Area, Planned Local Drainage Facilities Fund." All fees collected by the city pursuant to subsection (d) shall be deposited in said special fund. All moneys in said special fund shall be expended for the construction of local drainage facilities within the Central Local Drainage Area, and for any other purpose permissible under Section 66483 of the California Government Code.
(Ord. 823 § 1, 1975; Ord. 1027 § 1, 1982)
(a)
Required. 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.
(b)
Reimbursement Agreement; Funding Procedures. No charge, area of benefit
or local benefit district shall be established unless and until a
public hearing is held thereon by the city council and the city council
finds that the 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.
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 for hearing.
(c)
Drainage, Sewerage; Bridges and Major Thoroughfares. 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 this chapter,
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. The city may enter into reimbursement agreements with a subdivider
who constructs said facilities, bridges or thoroughfares and the charges
collected by the city therefor may be utilized to reimburse the subdivider
as set forth herein.
(Ord. 823 § 1, 1975)
(a)
Required. 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.
(b)
Amount. The improvement security shall be in the amount set forth
or authorized in Section 66499.3 of the Subdivision Map Act. If the
improvement security is other than a bond or bonds furnished by a
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.
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.
(c)
Special Assessment Proceeding; Reduction. 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
hereunder 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.
(d)
Release. The improvement security required hereunder shall be released
in the following manner:
(1)
Security given for the faithful performance of any act or agreement
shall be released upon the final completion and acceptance of the
act or work;
(2)
Security given to secure payment to the contractor, his 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 (director of public
works/city engineer or other designee) 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.
(3)
No security given for the guaranty or warranty of work shall be released
until the expiration of the period thereof.
(Ord. 823 § 1, 1975)
(a)
A preliminary soils report, prepared by a civil engineer registered
in this state and based upon adequate test borings shall be submitted
to the city engineer for every subdivision.
(b)
A preliminary soils report may be waived by the city engineer providing
he finds that due to the knowledge the city has as to the soils qualities
of the soils in the subdivisions, no preliminary analysis is necessary.
(c)
If the city has knowledge of, or the preliminary soils report indicates,
the presence of critically expansive soils or other soils problems
which, if not corrected, would lead to structural defects, a soils
investigation of each lot in the subdivision may be required by the
city engineer. Such soils investigation shall be done by a civil engineer
registered in this state, who shall recommend the corrective action
which is likely to prevent structural damage to each structure proposed
to be constructed in the area where such soils problem exists.
The planning commission may approve the subdivision or portion
thereof where such soils problems exist if it determines that the
recommended action is likely to prevent structural damage to each
structure to be constructed and a condition to the issuance of any
building permit may require that the approved recommended action be
incorporated in the construction of each structure.
(Ord. 823 § 1, 1975)
(a)
Reversions to Acreage by Final Map. Subdivided property may be reverted
to acreage pursuant to provisions of this section.
(b)
Initiation of Proceedings by Owners. 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 commission. The petition shall contain the information
required herein and such other information as required by the planning
commission.
(c)
Initiation of Proceedings by City Council. The city council, at the
request of any person or on its own motion, may initiate proceedings
to revert property to acreage. The city council shall direct the planning
commission to obtain the necessary information to initiate and conduct
the proceedings.
(d)
Data for Reversion to Acreage.
(1)
Petitioners shall file the following:
a.
Evidence of title to the real property; and
b.
Evidence of the consent of all the owners of an interest in the property;
or
c.
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
d.
Evidence that no lots shown on the final or parcel map have been
sold within five years from the date such final or parcel map was
filed for record;
e.
A tentative map in the form prescribed by this chapter; or
f.
A final map in the form prescribed by this chapter which delineates
dedications which will not be vacated and dedications required as
a condition to reversion.
(2)
Petitions to revert property to acreage shall be accompanied by a
fee determined by the city council. The person or persons who requested
the proceeding shall pay the required fee. Fees are not refundable.
(3)
Proceedings before the city council. 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 66451.3 of the Government Code.
The city council may approve a reversion to acreage only if
it finds and records in writing that all provisions of law are satisfied.
(4)
Return of fees, deposits; release of securities. Upon filing of the
final map for reversion of acreage with the county recorder, all fees
and deposits shall be returned to the subdivider and all improvement
securities shall be released by the city council.
(5)
Delivery of final map. After the hearing before the city council
and approval of the reversion, the final map shall be delivered to
the county recorder.
(6)
Effect of filing reversion map with the county recorder. 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. 823 § 1, 1975)
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.
All monuments necessary to establish the exterior boundaries
of the subdivision shall be set or referenced prior to recordation
of the final map.
(Ord. 823 § 1, 1975)
After completion, inspection and approval by the city engineer
of all required works of subdivision improvement, the city council
shall approve such works as complete, shall release applicable sureties
not less than 30 days after a notice of completion has been filed
with the county recorder of the County of Orange, and shall accept
such works on behalf of the City of Laguna Beach.
(Ord. 1419 § 1, 2002)
