Title 17 of this Code is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the City of Yorba Linda." The regulations contained in this title shall apply to all subdivisions hereafter made, entirely or partially within the incorporated territory of the City of Yorba Linda.
(Prior code § 30-1)
Except as otherwise provided in this section, all terms used in this title which are defined in the Subdivision Map Act are used in this title as so defined unless from the context it clearly appears that a different meaning is intended.
Advisory Agency.
The Planning Commission shall constitute the "advisory agency" for all maps. The Subdivision Committee shall act as the advisory agency for certificates of compliance.
"Certificate of compliance"
means a determination by the Subdivision Committee, acting as an advisory agency, that a division of land complies with Section 66499.35 of the Subdivision Map Act.
"Check map"
means a tract map or parcel map submitted to the subdivision committee for its review prior to the developer submitting a tentative map to the Planning Director.
"City Engineer"
means the Director of Public Works of the City.
"Collector street"
means a street intended for movement of local traffic from neighborhoods to the nearest secondary street.
"Commission"
means the City Planning Commission.
"Committee"
means the City Subdivision Committee.
"Construction"
means the design, acquisition of right-of-way, administration of construction contracts and actual construction.
"Council"
means the City Council of the City of Yorba Linda which is the governing body of the City.
"County surveyor"
means the county surveyor of the County of Orange.
"Cul-de-sac"
means a street enlarged at its terminus, which provides an adequate turning radius for vehicular traffic.
"Dead-end"
means any street or way having only one outlet for vehicular traffic, but not terminating in a cul-de-sac.
"Flag" or "panhandle lot"
means a lot whereby access to the building pad of the lot is gained via a narrow driveway having a width of not less than twenty feet.
"Flood-control work" or "drainage work"
means and includes all means of conveying or storing stormwaters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood-control channels.
"Flood hazard"
means overflow water having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings or cause erosion of the banks of watercourses.
General Plan.
A general plan, or any element thereof, as defined in the Planning and Zoning Law, Article 5 of Chapter 3 of Title 7 of the Government Code of the state.
"Inundation"
means ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.
"Local park ordinance"
means the local park ordinance adopted by the City Council for the purpose of implementing Government Code Section 66477 which relates to the dedication of park land or the requirement of fees in lieu thereof for park and recreation purposes.
"Local street"
means a street intended wholly or principally to serve abutting property and not designed to carry traffic from more than two subdivision streets within the immediate vicinity.
"Major thoroughfare"
means a roadway as shown on the circulation element of the general plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.
"Master plan of drainage"
refers to an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the general plan area of the City and duly adopted by the City Council.
"Parcel map"
means a parcel map as defined and regulated by the Subdivision Map Act and the provisions of this chapter.
"Person"
means any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, any county, City and county, municipality, district or other political subdivision, or any other group or combination acting as a unit.
"Planning Director"
means the Director of the City Planning Department as authorized by Chapter 3, Title 7 of the Government Code of the state.
"Possible flood hazard"
means the possible extension of areas denoted as subject to flood hazard, also the area in which there is the uncertainty of the degree of the extent of slope erosion.
"Primary street"
means a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two or more intersecting secondary streets.
"Private street"
means any parcel of land not dedicated as a public street but used or intended to be used for ingress to or egress from lots which may or may not have frontage on a public street.
"Public way"
means and includes street, highway, avenue, boulevard, parkway, road, lane, walk, walkway, alley, channel, viaduct, subway, tunnel, bridge, public easement, public trail, public right-of-way and other ways in which a public agency has a proprietary right.
"Secondary street"
means a street intended for the movement of traffic from one area of the City to another area and serving to collect traffic from intersecting streets of lesser classifications.
"Service road"
means a street adjacent to a freeway or primary street, and separated therefrom by a dividing strip, which provides the primary means of access for vehicular and pedestrian use to abutting properties.
"Specific plan"
means a specific plan, or any element thereof, as defined in the Planning and Zoning Law, Article 8 of Chapter 3 of Title 7 of the Government Code of the state.
"Standard subdivision improvement plans and specifications"
means the standard subdivision improvement plans and specifications adopted by the City Council and incorporated in this chapter by reference.
"Street"
means a public way which provides a primary means of access for vehicular and pedestrian traffic for abutting properties.
"Subdivision map"
means and includes both tract maps and parcel maps as defined in this chapter.
"Subdivision Map Act"
means Division 7 of Title 7 of the Government Code of the state.
"Tentative map"
means a tract map or parcel map made for the purpose of showing the design and improvement of a proposed subdivision and the existing condition in and around it and need not be based upon an accurate or detailed final survey of the property.
"Tract map"
means all maps defined and regulated by the Subdivision Map Act and the provisions of this title other than parcel maps.
"Vehicular access rights"
means the right, easement or access of owners or occupants of abutting lands to a public way other than as pedestrians. "Limited vehicular access rights" means the rights, easement or access of owners or occupants of abutting lands to a public way other than as pedestrians, except at points specifically designated on the tract map or parcel map.
"Vesting tentative map"
means a tract map or parcel map which meets the requirements of a tentative map and requirements of the Subdivision Map Act, Government Code Section 66452, and this title for vesting tentative maps.
"Walkway"
means a passageway intended for pedestrian use only.
Zoning Ordinance.
This refers to the zoning ordinance of the City.
(Prior code § 30-2)
All improvements to be installed or agreed to be installed in a subdivision shall conform to the standard subdivision improvement plans and specifications, which shall be adopted and amended from time to time by resolution of the City Council. Three copies of the current standard subdivision improvement plans and specifications are on file in the office of the City Clerk and are incorporated in this chapter by reference as though set out in full.
(Prior code § 30-6)
A. 
Advisory agencies are authorized to approve, conditionally approve, or disapprove tentative maps of subdivisions prepared, filed and considered by them according to the provisions of this chapter and the Subdivision Map Act, to prescribe the kinds, nature and extent of improvements required to be installed in subdivisions, and to report directly to the subdivider.
B. 
The Planning Commission is designated as an advisory agency, as that term is used in the Subdivision Map Act, and shall make investigations and reports on the design and improvement of any proposed division of real property for which a tentative map, subdivision map or parcel map is filed and shall have the authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve, or disapprove such map and division of land. The Planning Director shall advise and assist in making investigations and reports of tentative maps.
C. 
The Subdivision Committee is designated as an advisory agency, and as that term is used in the Subdivision Map Act, and shall make investigations and reports on certificates of compliance and shall have the authority to impose requirements and conditions upon such certificates of compliance, and to approve, conditionally approve, or disapprove such certificates of compliance.
(Prior code § 30-3)
A. 
Establishment of Subdivision Committee. There is established a Subdivision Committee, referred to in this title as the Subdivision Committee. The Subdivision Committee shall consist of the following members or their duly authorized representatives:
1. 
The Community Development Director of the City, who shall be the chairman;
2. 
The Director of Public Works of the City;
3. 
The Building Official of the City;
4. 
The Chief of Police of the City;
5. 
The general manager of the Yorba Linda County Water District;
6. 
Such other members as may be appointed from time to time by the City Council.
(Prior code § 30-4(a))
A. 
It shall be the duty of the Subdivision Committee, upon request, to examine tentative maps of subdivisions as to their compliance with the Constitution and statutes of the state and the ordinances of the City, and to present such technical and factual information to the subdivider or his or her agent as may be pertinent to the design and improvement of the subdivision.
B. 
The Subdivision Committee may prepare a report on a tentative map for submission to the subdivider and to the Planning Commission and may make recommendations thereon. In the performance of its duties the Subdivision Committee may solicit comments from all agencies having jurisdiction with respect to the proposed subdivision and such other agencies or individuals as the Subdivision Committee may in its discretion determine should be consulted with respect to the proposed subdivision.
(Prior code § 30-4(b))
The Subdivision Committee may meet with the subdivider or his or her authorized agent as often as necessary to review all applicable requirements and to prepare recommendations to the Planning Commission on tentative subdivision maps within the time limits prescribed by the Subdivision Map Act or this chapter.
(Prior code § 30-4(d))
Subdivision Committee meetings shall be open to the public and any officer, person, subdivider, or owner interested in a tentative subdivision map may attend any such meetings and present any appropriate matter at the meeting. Interested persons may also submit written comments to the Subdivision Committee or Community Development Director.
(Prior code § 30-4(f))
No building permit, certificate of use and occupancy or other official evidence of authority for use of premises shall be issued for any lot or parcel of land unless such lot or parcel of land is recorded in the office of the County Recorder as part of a subdivision, or such lot or parcel of land, whether recorded or not, has resulted from a division of a lot or lots in the manner prescribed by this chapter, or lots for which a contract of sale is in full force and effect prior to November 2, 1967.
(Prior code § 30-9)
Whenever reference is made to any portion of this chapter or other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.
(Prior code § 30-7)
Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other state statute is a misdemeanor and punishable by a fine not to exceed five hundred dollars or imprisonment for a term not to exceed six months or both.
(Prior code § 30-8)