The purpose of this chapter is to regulate and control the division of land within the city by tract or parcel map by supplementing the provisions of the Subdivision Map Act; to regulate and control the form and content of tract and parcel maps; and to establish the procedures to follow to secure city approval of such maps.
(Ord. 2198 § 2, 1993)
A. 
The requirement for a tentative and final tract map and other requirements pertaining thereto in this chapter shall apply to all divisions of land creating five or more parcels, five or more condominiums, as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels and for the reversion of subdivided lands to acreage, except as otherwise provided in the Subdivision Map Act.
B. 
A tentative and final parcel map shall be required for the division of land into four or less parcels, for four or less condominiums, as defined in Section 783 of the Civil Code, and for other divisions of land as allowed by the Subdivision Map Act.
(Prior code §§ 8115.1, 8116 and 8116.1; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
A. 
Any property owner who proposes to subdivide his property may file a tentative map.
1. 
Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.
2. 
Each tentative map shall be signed by the property owner or owners of record and shall be accompanied by evidence of ownership of the real property proposed for subdivision. When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided that such portions are clearly identified on the map.
B. 
Each proposed subdivision shall be filed with the planning and building department in whatever number is specified and with the items listed below:
1. 
Application. An application on a form provided by the director of planning and building shall accompany a tentative map. The application shall bear the signature of the property owner of record of the property being subdivided.
2. 
Fee. A fee in an amount as set by resolution of the city council shall accompany an application for a tentative map.
3. 
Title Report. Tentative maps shall be accompanied by a preliminary title report that discloses all possessory interests and interests of record in the land being subdivided when determined to be necessary by the city engineer or his designee.
4. 
Accompanying Data and Reports. The tentative map shall be accompanied by the following data and reports:
a. 
Street Names. A list of proposed street names for any unnamed street or alley for review by the city engineer;
b. 
Soils Report. A preliminary soils report prepared in accordance with the provisions of the Uniform Building Code shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems that, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision;
c. 
School Site/Facilities. The applicant for a tract map shall obtain from the school district or districts involved their intention, in writing, concerning the necessity for a school site and/or temporary and/or permanent school facilities, if any, within the subdivision and shall present this information to the department prior to consideration of the tentative map by the planning commission;
d. 
Environmental Review. Information shall be submitted as required by the planning and building department to allow a determination on environmental review to be made in accordance with California Environmental Quality Act (CEQA). The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents;
e. 
Preliminary Engineering Calculations. Information shall be submitted as required by the standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations;
f. 
Phasing. If the subdivider plans to file multiple final maps on the tentative tract map, he shall submit written notice to this effect to the city engineer;
g. 
Solar Access. All plans and information relating to solar access are required to be submitted at the time of the tentative map application submittal;
h. 
Other Reports. Any other data or reports deemed necessary by the department or city engineer.
5. 
Concurrent Filing. Tentative maps shall be filed concurrently with any action that requires the filing of conditional use permits, site plans or planned developments. For tentative tract maps, one copy of each map shall be forwarded to the following agencies with a request for report and/or recommendation to the planning commission:
a. 
Water department;
b. 
Each governmental agency entitled by law to review and recommend thereon;
c. 
California Division of Highways, if such map is adjacent to or affected by an existing or proposed freeway or state highway;
d. 
California Department of Real Estate.
e. 
Utility companies.
6. 
Supplemental Information. The tentative map shall show thereon, or be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:
a. 
Source of water supply;
b. 
Type of street improvements that are proposed to be installed;
c. 
Proposed storm water sewer or other means of drainage (grade and size);
d. 
Protective covenants to be recorded;
e. 
Proposed method of sewage disposal.
f. 
Proposed method of complying with the National Pollution Discharge Elimination System (NPDES) through use of Best Management Practices (BMPs).
(Prior code §§ 8114, 8114.2, 8.114.3; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
Subdivisions shall be designed and improved so as to be consistent with the adopted General Plan and any applicable adopted specific plan and the objectives, policies and general land uses and programs specified therein.
Subdivisions shall be designed in such a manner that all proposed lots comply with applicable zoning regulations in such a manner that will permit the establishment of the proposed uses without further deviations or variances.
A. 
Size of Maps. The size of such map or maps shall be eighteen by twenty-six inches. The map shall be drawn at a scale acceptable to the city engineer, but only at an engineering scale.
B. 
Information on Map. Each map shall contain the following information:
1. 
General information:
a. 
Tract number or parcel map number;
b. 
Name and address of the owner or owners whose property is proposed to be subdivided;
c. 
Name and address of the registered civil engineer or licensed surveyor who prepared the map;
d. 
North arrow;
e. 
Scale;
f. 
Date of preparation;
g. 
Area within the tract or parcel map boundaries, to the nearest tenth acre.
2. 
Boundary Lines. A description of the exterior boundaries of the subdivision or legal description of the property.
a. 
Map boundaries shall be drawn to include all of the area of all abutting parcels that are owned by the same property owner and proposed for boundary alteration.
b. 
When any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more that is not proposed to be included within the subdivision may be identified by reference on the tentative map.
3. 
Lots/Parcels. Lot number, lot lines and approximate dimensions of each lot.
a. 
Each lot or parcel being created by a subdivision shall be numbered and must comply with the requirements of a building site as defined in the zoning code.
b. 
Classification of lots as to intended residential, commercial, industrial or other use is required.
c. 
A lot that is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements.
4. 
Streets. The location, width, approximate grade and proposed names of all streets within the boundaries of the proposed subdivision.
a. 
Location and width of alleys;
b. 
Name, location and width of adjacent streets;
c. 
Approximate radii of curves.
5. 
Easements. Width and location of all existing recorded public or private easements and proposed easements which may be required.
6. 
Drainage. Proposed direction of flow and rate of grade of street drainage.
a. 
Illustration of existing and proposed manner in which water drains into, across, and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage.
b. 
In the event that a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of.
7. 
Physical Features. Approximate location and width of water courses or areas subject to inundation from floods or location of structures, irrigation ditches, railroads and permanent physical features.
8. 
Contours. Contours at one foot intervals based on the Orange County Survey Datum.
9. 
Buildings. The location and type of all buildings within the subdivision that are proposed to remain and the location and type of all buildings adjacent to the subdivision that would become nonconforming to the provisions of the zoning code by the filing of the map.
(Prior code § 8114.1; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
It is mandatory that the subdivider confer with the city engineer and planning and building director before preparing a tentative tract or parcel map.
A. 
Filing. Tentative maps shall be filed with the department of planning and building, which shall not accept such maps until it is determined that the requirements for filing tentative maps established by this chapter and the Subdivision Map Act have been satisfied. Each tentative tract or parcel map shall be identified by a number issued by the county surveyor's office and prominently displayed on the face of the map.
1. 
Such filing shall be done prior to the completion of final surveys of streets and lots and before grading or construction work within the proposed subdivision that might be affected by changes in the tentative map.
2. 
Prior to consideration by the planning commission of a tentative map and within the fifteen working days following its filing, the city engineer shall report in writing to the planning and building department of any recommendations in connection with the tentative map and its bearing on particular functions.
B. 
Time Limits for Action. Time limits for action on tentative maps shall be as follows:
1. 
The planning commission shall approve, conditionally approve or deny the tentative map, and the department shall report the decision of the commission to the city council and the subdivider within fifty days after the application for the tentative map has been determined to be complete.
2. 
If an environmental impact report has been prepared, the decision shall be made within forty-five days after certification of the report.
3. 
In reaching a decision upon the tentative map, the planning commission shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of the residents and available fiscal and environmental resources.
C. 
Zoning Conformance. A tentative map that does not conform with applicable zoning shall not be accepted for filing or conditionally approved unless:
1. 
It conforms with zoning that has been recommended for adoption on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.
2. 
Zoning conformance depends upon the issuance of a conditional use permit, in which case the permit must be approved before approval of, or conditional approval of, the tentative map.
3. 
It is apparent that any proposed parcel cannot be put to its intended use without the granting of a variance(s).
D. 
Inconsistent Zoning. Maps which are not consistent with current zoning and/or general plan designations may be conditionally approved contingent upon concurrent application for and approval of zone change(s) and/or general plan designation(s) before the planning commission and the city council. In such cases, the planning commission's action on the map is not final but only a recommendation to the city council along with the accompanying zone change and/or general plan designation. The consistency shall be stated upon the face of the map in bold letters. If the zoning and/or general plan is approved, terms of the rights of the map shall commence on the approval date of the map, and the approval date of the zoning or general plan approval shall not alter this date.
(Prior code § 8114.4; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993; Ord. 2400 § 2, 2006)
A. 
A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the planning commission and city engineer can find that:
1. 
The proposed map is consistent with the General Plan;
2. 
The design and improvement of the proposed subdivision is consistent with the General Plan;
3. 
The site is physically suitable for the proposed type of development;
4. 
The requirements of the California Environmental Quality Act (CEQA) have been satisfied;
5. 
The site is physically suitable for the proposed density of development;
6. 
The design of the subdivision and the proposed improvements are not likely to cause serious public health problems;
7. 
The design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or use will be provided and that these will be substantially equivalent to the ones previously acquired by the public;
8. 
The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations;
9. 
The design of the subdivision provides to the extent feasible for future passive or natural heating and cooling opportunities in the subdivision;
10. 
The design, density and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs of its residents and the city's available fiscal and environmental needs.
B. 
If the planning commission approves or conditionally approves a tentative map which deviates from any standard of design, a finding shall be made that each deviation has been individually considered and found to be justified based upon specific special circumstances which apply.
(Prior code § 8114.5; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
A. 
Conditionally Approved Maps. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to record the map as a final map.
1. 
The planning commission may grant an extension of time for the map to be recorded for a period not to exceed three additional years.
2. 
Any affected person, or the subdivider, may appeal a request for extension to the city council within fifteen days of the date of action by filing with the city clerk.
B. 
Appeal of Tentative Tract Map and Tentative Parcel Map. Any interested person may make application to appeal to the city council any action of the planning commission with respect to a tentative map.
1. 
The appeal must be filed with the city clerk within fifteen days following planning commission action. A fee shall be paid by the appellant pursuant to city council resolution.
2. 
The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and suggest an alternative action.
3. 
The city clerk shall bring the matter before the city council for public hearing no later than thirty days following the filing of the appeal. The subdivider and appellant shall be given at least ten days notice of the city council hearing. The planning and building department shall prepare a report on the appeal.
4. 
The city council may affirm, reverse or modify any recommendation of the planning commission and may make findings as it deems appropriate. The city council shall render its decision at the conclusion of the hearing.
(Prior code §§ 8114.6, 8116.57, 8116.60, and 8116.63; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
Subdivisions shall be designed in conformance with the following standards of design. All sidewalks, concrete curbs and gutters, parkway trees, street lights, pavements, sanitary sewer lines, water mains, fire hydrants, culverts, drainage structures and any other required improvements shall be installed at the cost of the subdivider and shall conform to grades and specifications established by the city engineer.
A. 
Sanitary Sewers. Sewers, including sewer to the property line of each lot when within street areas to be improved by the subdivider, shall be installed prior to surfacing of the street. Sanitary sewers or storm drains, appurtenances and service connections shall be constructed to grades, sizes and design in accordance with good engineering practice approved by the city engineer.
B. 
Water Supply. Water shall be provided from the water system of the city or other approved source.
1. 
Water mains shall be constructed to serve each lot within the subdivided area and shall be of such size and design as approved by the city engineer.
2. 
Where the water main is in an improved area, service connections shall be laid to the property line prior to the surfacing of the street.
3. 
Water meters shall be installed prior to establishment of water service.
4. 
Water lines, meters and all other appurtenances shall be dedicated to the city.
C. 
Walkways.
1. 
Walkway easements shall be provided wherever deemed necessary and shall not be less than ten feet in width and dedicated to the city.
2. 
Public walkways shall be improved in the manner approved by the city engineer.
D. 
Lots.
1. 
Lot areas shall conform to the standards of development as defined in this title or by other official plans adopted pursuant to law, provided that the minimum area of lots shall be six thousand square feet, except as provided in a variance or planned development approval, or as provided by an amendment to the zoning regulations.
2. 
Lots having no frontage on a public street may be cause for disapproval of the subdivision, except for lots within a planned development or condominium where access to lots is over a common lot providing direct access to a public street.
3. 
The width of lots shall conform to standards of development as defined by the zoning regulations as set forth in Title 17 of this code or other official plans adopted pursuant to law, and provided further that odd-shaped lots shall be subject to individual evaluation by the planning and building department and city engineer.
4. 
No lot shall be divided by a city or district boundary line.
5. 
The side lines of lots shall be approximately at right angles to the street line on straight streets and shall be radial on curved streets.
6. 
Double-frontage lots shall be avoided. All lots shall be suitable for the purpose for which they are intended to be used.
E. 
Underground Utility Lines. Any underground utility or service lines required to be installed as a part of the subdivision and that run across or underneath the right-of-way of any street, alley or way shall be installed prior to the surfacing of such street, alley or way.
(Prior code §§ 8114, 8114.1, 8115.4, 8115.5, 8115.6 and 8115.7; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such map has been filed for record. For purposes of filing a final tract map, the subdivider shall submit to the city engineer the original final map and three dark line prints.
A. 
Certificates. All parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final tract map by signing the required certificate.
B. 
Form and Content of Final Tract Map. The form and content of final tract maps shall be governed by the provisions of the Subdivision Map Act and as included in Section 16.04.080 and Chapter 16.10, and shall also include the location and description of all public and private easements.
C. 
Review by city engineer and county surveyor. After receiving copies of the final tract map, the city engineer shall examine the map as to sufficiency of affidavits and acknowledgements, mathematical data and computations to ensure compliance with the provisions of the Subdivision Map Act, and with any conditions imposed on the approval of the tentative map. The county surveyor shall verify the correctness of mapping data.
1. 
One copy shall be returned to the subdivider showing corrections or with a statement by the city engineer that the map is correct except as to mapping provisions of the Subdivision Map Act.
2. 
The county surveyor shall certify the map as to the mapping provisions of the Subdivision Map Act.
3. 
When the map is found to be technically correct, the final tract map shall be certified by the city engineer as to its correctness in all aspects not certified to by the county surveyor, and transmitted to the city council for their approval.
a. 
If the final tract map as submitted conforms substantially to the tentative map as approved by the planning commission, the city engineer and county surveyor may certify the map.
b. 
If the final map does not conform, the city engineer will not certify the map until the changes have been approved by the planning commission.
D. 
City Council. Upon approval of the final tract map by the city council, the city clerk shall certify the map on behalf of the city council.
E. 
Recording. The final certified map shall be recorded in the county recorder's office. After recording, a duplicate mylar and three paper prints of the map shall be furnished to the city engineer.
(Prior code §§ 8115.1, 8225.12, 8115.27 and 8115.19; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
When a subdivision of not more than four lots is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the county recorder.
A. 
Content of Final Parcel Map. The same improvements required for a subdivision under the tentative and final tract map process are required for a final parcel map. The same information and content as required on a tentative map shall be required for a final parcel map.
B. 
Certification. When dedications or offers of dedications are made on the final parcel map, all parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final parcel map by signing the required certificate.
1. 
The certificate need not be signed by public entities and public utilities that own rights-of-way, easements or other interests that cannot become a fee provided that:
a. 
The division and development of the property will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement and a statement as such is included as required information;
b. 
The public entity or utility has been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act.
2. 
When dedications or offers of dedications are not being made, no owner's or subdivider's signatures shall be required on the final parcel map.
C. 
Method of Approval. One original mylar (4 mil) and three paper prints of the final parcel map, prepared by a licensed survey or registered civil engineer, shall be submitted to the city engineer.
1. 
The city engineer shall examine the map and determine that the map is technically correct in all aspects not certified to by the county surveyor, and conforms to the approved tentative map and any conditions imposed thereon as follows:
a. 
That all lot sizes shall conform with provisions of this title and of Title 17, and that all lots shall comply with the standards set forth in this chapter;
b. 
That curbs, gutters, sidewalks and paving will be installed along all street frontages of the property being divided;
c. 
That separate and adequate distribution lines for domestic water supply will be constructed to each lot;
d. 
That separate and individual sanitary sewer facilities and connection shall be made to each lot;
e. 
That no lot contained in such proposed subdivision shall conflict with any street, highway, park, playground, public building or other type of public project indicated on a master plan or specific plan;
f. 
That no lot in the proposed subdivision may be subject to flood or inundation;
g. 
That no division will be permitted that will block the development of adjacent property.
2. 
If the city council is satisfied with the final parcel map, it shall approve the final map and authorize the city clerk to certify it on behalf of the city council.
3. 
The approved final parcel map shall be transmitted to the county recorder for recordation. A duplicate mylar and three paper prints of the recorded map shall be provided to the city engineer within one week after recordation.
(Prior code §§ 8115.1, 8115.19; Ord. 1875 § 1, 1979; Ord. 2198 § 2, 1993)
Whenever a planned development is approved that contains a mix of residential densities, or a mix of residential, commercial and/or industrial uses in any combination or arrangement, conditional exceptions to certain subdivision standards may be recommended by the planning commission and authorized by the city council as follows:
A. 
Lot Characteristics. Exceptions to the requirements and regulations relating to lot size, width and shape may be permitted in any planned development subdivision when:
1. 
Open space and recreational areas in the residential portion of the subdivision are to be provided for the sole use and benefit of the occupants of the dwelling units in the development; and
2. 
The total density of residential units and/or intensity of commercial and/or industrial uses does not exceed the density and intensity authorized in the approved development plan.
B. 
Street Access. Exceptions to the requirements that lots abut on a street may be permitted when:
1. 
Adequate and permanent access is guaranteed from a street to each dwelling unit, commercial and/or industrial space for residents, pedestrians, visitors, customers, employees, delivery personnel, emergency and service vehicles and trucks; and
2. 
Adequate and permanent provision for accessible automobile parking and storage is assured for each dwelling unit, and commercial and/or industrial space.
C. 
Maintenance of Common Areas. As a condition of approving the planned development subdivision and any exceptions to the subdivision standards, the subdivider shall present in writing, prior to city council approval of the final tract or parcel map, the means by which the permanent upkeep and maintenance of all areas and facilities held in common is to be accomplished and the payment of all taxes thereon assured. No exceptions to the standard subdivision requirements shall be permitted unless the city council determines that the subdivider has adequately provided for such upkeep, maintenance and payment of taxes.
D. 
Conditions and Restrictions. To assure that the design of the planned development subdivision will be permanent, the owner or owners of the real property being subdivided shall covenant that:
1. 
All areas and facilities held in common shall be continuously maintained and kept for the exclusive use and benefit of occupants of the dwelling units and of the commercial and/or industrial spaces.
2. 
There shall be no further partition of such areas or facilities.
3. 
Access and automobile parking and storage shall be provided as required.
4. 
Trash storage and collection areas shall be provided as required.
Covenants shall be approved as to form and content by the city attorney; they may be required to be enforceable by the city council; they shall be recorded in the office of the county recorder.
E. 
Lien on Open Space. To assure that the design of the planned development subdivision will be permanent and that permanent upkeep, maintenance and payment of taxes on all of the areas and facilities held in common is assured, it is declared that the city has a lien on each of the lots occupied by structures in the subdivision.
1. 
The lien shall cover unpaid taxes and assessments upon the common areas and facilities within the subdivision.
2. 
The lien shall have priority over all other liens, regardless of the time of their creation.
3. 
The covenants prepared for the subdivision shall contain language establishing the lien and providing constructive notice to the future owners of lots within the subdivision.
(Ord. 2198 § 2, 1993)