The necessity for subdivision maps shall be governed by the
provisions of the Subdivision Map Act and the provisions of this chapter.
All maps shall be filed in the office of the Planning Department and
shall comply with the provisions of the Subdivision Map Act, the City
zoning ordinance, this chapter, and any other ordinance, statute or
law pertaining to the use, sale, leasing or subdivision of land.
(Prior code § 30-10)
When a tentative map is filed, the person filing the map shall
certify to one of the following:
A.
That
he or she is the record owner of the property; or
B.
That
the record owner of the property consents to the filing of the map.
(Prior code § 30-11)
A.
A tentative
and final map shall be required for all subdivisions 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, except where:
1.
The
land before division contains less than five acres, each parcel created
by the division abuts upon a maintained public street or highway or
improvements are required by the legislative body; or
2.
Each
parcel created by the division has a gross area of twenty acres or
more and has an approved access to a maintained public street or highway;
or
3.
The
land consists of a parcel or parcels of land having approved access
to a public street or highway which comprises part of a tract of land
zoned for industrial or commercial development, and which has the
approval of the governing body as to street alignments and widths;
or
4.
Each
parcel created by the division has a gross area of forty acres or
more, or each of which is a quarter-quarter section or larger, or
such other amount, up to sixty acres;
5.
A
parcel map shall be required for those subdivisions described in subdivisions
1, 2, 3 and 4, provided that no parcel map shall be required when
a certificate of compliance has been issued pursuant to the provisions
of this chapter.
B.
Whenever
a tentative or final tract map is not required by the Subdivision
Map Act, a tentative parcel map shall be filed with the Planning Director.
Said map shall meet all the requirements for tentative subdivision
and final parcel maps provided by the Subdivision Map Act and by this
chapter.
C.
When
a parcel map is required by this chapter, 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 by this chapter.
D.
Parcel
maps may be based upon a field survey or upon record data and shall
show all dedications or offers of dedication thereon, or in substitution
thereof, such dedication or offers of dedication may be made by deed.
E.
Whenever
a provision of this chapter requires that a tentative map be filed,
a vesting tentative map may instead be filed. However, a vesting tentative
map may be filed only for residential development. (Gov. Code Sections
66498.1(a) and 66498.7)
F.
In
accordance with the provisions of Section 66499.35 of the Subdivision
Map Act, no final parcel map need be filed or recorded, whenever the
Subdivision Committee acting as an advisory agency finds that the
proposed division of land meets all requirements as to:
1.
Area;
2.
Improvement
and design;
3.
Floodwater
drainage control;
4.
Appropriate
improved public roads;
5.
Sanitary
disposal facilities;
6.
Water
supply availability;
7.
Environmental
protection;
8.
Master
plan of drainage fees are paid;
9.
Property
is annexed to the Yorba Linda Street Lighting Maintenance District
No. 1;
10.
Zoning regulations;
G.
Dedications
or offers of dedication shall be made by deed if no final parcel map
is required.
(Prior code § 30-12)
