A.
The
City Engineer may, at his or her discretion, waive the requirements
for a parcel map for the following:
1.
Division
of real property or interest therein created by eminent domain procedures,
partition, or other civil judgments or decrees.
2.
Division
or consolidation of real property to facilitate conveyance of land
or interest therein to or from the City, a public entity or a public
utility for public purpose, such as school sites, public building
sites, public parks, or rights-of-way or easements for streets, sewers,
utilities, drainage, etc.
3.
Division of property that has been merged pursuant to Chapter 17.28, the Subdivision Map Act or any prior ordinance of the City.
4.
Consolidation
of four or fewer contiguous parcels under the same ownership that
were created under the provisions of this title and which, when consolidated,
contain less than five acres, provided such parcels abut upon a maintained
public street or highway and no dedications or improvements are required
by this title.
B.
Applications
for parcel map waivers shall be made on forms provided by the City
Engineer and shall be submitted to the City Engineer along with a
preliminary parcel map. The City Engineer shall review the application
and within 30 days approve, conditionally approve or disapprove the
parcel map waiver. The applicant shall be notified in writing of the
City Engineer's decision.
C.
Prior
to approving a parcel map waiver, the City Engineer shall make a finding
that the proposed division or consolidation of land complies with
applicable requirements concerning area, the City's standard engineering
specifications for improvements and design, floodwater drainage control,
appropriate public roads, sanitary disposal facilities, water supply
availability, environmental protection and any other requirements
of the Subdivision Map Act and this title.
D.
Upon
the approval of a parcel map waiver pursuant to this section, the
City Engineer shall cause to be filed in the Official Records of the
County of Orange a certificate of compliance for the land to be divided
or consolidated and a plat map showing the division or consolidation.
The certificate shall include a certificate by the County Tax Collector
in accordance with the Subdivision Map Act.
(Ord. 2004-882, § 3, 2004)
A.
The
procedures set forth in the Subdivision Map Act shall govern the filing,
processing, approval, conditional approval, or disapproval of subdivision
maps and the modifications thereof, except to the extent modified
by the provisions of this chapter.
B.
Tentative
maps shall be filed with the Community Development Director 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 Community Development Director. A map
shall not be deemed to be filed until the Subdivision Committee has
verified that it is in compliance with the requirements of this chapter.
C.
Each
tentative map filed shall be in compliance with any general or specific
plan, or any amendments thereto, adopted pursuant to the state Planning
and Zoning law. Each tentative map filed shall also comply with the
regulations for the zoning district or zone within which it is located.
D.
A vesting
tentative map shall be filed and processed in the same manner as a
tentative map, except to the extent modified by this chapter.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
A preliminary
check map may be submitted at any time for the purpose of comparing
the proposed map against the requirements of this chapter at the discretion
of the subdivider. Any such preliminary map should comply with the
currently applicable zoning regulations, and shall not be deemed to
be the filing of a tentative map.
B.
Prior
to filing a map, the subdivider shall submit the necessary number
of copies of a check map to the Community Development Director.
C.
The
check map shall be reviewed as to the specific requirements by various
city departments and by the Subdivision Committee.
D.
Within
twenty-one calendar days all comments and the check maps shall be
returned to the subdivider for preparation of a tentative map.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
Tentative
parcel maps shall include the following information either on the
map or attached thereto:
1.
Scale
and north arrow;
2.
Legal
description and dimensions of the land sufficient to define the boundary
thereof;
3.
Name,
address and telephone number of the person filing the map;
4.
Location
of the property in relation to existing streets;
5.
The
layout of the parcels proposed and the dimensions of each, with a
number or letter within each proposed parcel;
6.
The
location of each existing building or structure above ground in relation
to the parcel lines being created;
7.
The
location of existing wells, cesspools, irrigation lines, culverts,
storm drains, underground structures and any excavations within the
subdivision, and a statement noting whether or not such uses are to
be abandoned, removed or used;
8.
The
source, name of supplier, quality, and an estimate of available quantity
of domestic water;
9.
Type
of street improvements and utilities proposed;
10.
Method of sewage disposal proposed;
11.
Proposed method of storm drainage disposal and, where applicable,
a reference to any duly adopted master plan of drainage;
12.
Proposed use of parcels;
13.
The width and approximate locations of all existing or proposed easements
or rights-of-ways, whether public or private, for roads, drainage,
sewers, or flood-control purposes;
14.
The location of all areas subject to inundation or flood hazard and
the locations, width and directions of flow of all watercourses and
flood-control channels;
15.
The grade contours of the existing land and the preliminary grading
plan if any grading is to be performed.
C.
Any of the foregoing requirements may be waived or modified
by the Subdivision Committee if it is found that a given requirement
is not necessary in a particular instance or the clarity of the map
would be impaired.
D.
Each
tentative tract map shall be prepared in accordance with the requirements
of the Subdivision Map Act and in addition shall comply with the following
requirements either by reference on the map or attached thereto as
supplemental materials:
1.
Graphic
and linear presentation:
a.
Tract map boundary: heavy double width solid line,
b.
Street and lot lines: heavy solid line,
c.
Existing lot lines: light solid line,
d.
Easements: light dashed line (delineate type of easement),
e.
Utility lines: heavy dashed line (delineate type of utility),
f.
Tract name and number, north arrow and date,
g.
Description of location and boundaries of subdivision,
h.
Tract numbers of adjoining subdivision,
i.
Name and current address of record owner(s),
j.
Name, address and telephone number of subdivider,
k.
Name, address, telephone number, license and registration number
of map preparer,
l.
Acreage of subdivision to nearest tenth of an acre,
m.
Number, dimension and size of lots,
n.
Locations, grades, widths, total area, and names of internal and
adjacent vehicular access ways and transit corridors,
o.
Centerlines of existing streets, if available,
p.
Location of future vehicular access ways indicated with a dotted
line,
q.
Widths, locations, and designations for all easements (sewage, trails,
drainage, etc.),
r.
Total area to be held in reservation for capital improvements,
s.
Total length in feet along the centerline of all streets within the
boundaries of the subdivision measured from intersection to intersection,
t.
Approximate size, type and lineal footage of proposed water and sanitary
sewer facilities,
u.
Approximate size, type and lineal footage of proposed water and sanitary
sewer facilities,
v.
Dimensions, and locations of sidewalks and bicycle trails,
w.
Location, number, and size of existing trees,
x.
Present zoning and uses of the property,
y.
Location of all structures (to scale),
z.
Statement or map of existing adjoining land uses,
aa.
Location and size of all lands to be dedicated for public use,
bb.
Location and size of all common areas to be designated for private
use,
dd.
Location, dimensions, boundaries, and direction of flow of all watercourses,
ee.
Boundaries of areas subject to storm water overflow or inundation,
ff.
Location of drainage easements,
gg.
Plan for handling stormwater,
hh.
Location and source of water supply and sewerage facilities,
ii.
Contour intervals of five feet for slopes ten percent or greater
and two feet for slopes less than ten percent,
jj.
Proposed grading concept including pad elevations, slope ratios and
street grades;
kk.
Such other information or matters as may be required by the Subdivision
Committee.
E.
Any
of the foregoing requirements may be waived by the Subdivision Committee
if it is found that a given requirement is not necessary in a particular
instance or the clarity of the map would be impaired.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
When
a check map has been properly submitted and the subdivider has furnished
the required number of copies, the Director of Planning shall forward
one such copy thereof to the following in addition to the members
of the Subdivision Committee:
1.
Orange
County surveyor;
2.
The
Health Officer of the County of Orange;
3.
The
Director of the Orange County Environmental Management Agency;
4.
The
Fire Warden of the County of Orange;
5.
The
school districts in which the proposed subdivision is located;
6.
The
District Engineer of the Division of Highways, Department of Public
Works, state of California if a Federal or state highway or freeway
is involved;
7.
Any
other public agency or officer having an interest in or jurisdiction
with respect to the proposed subdivision;
8.
Any
agency which could serve the subject subdivision with utilities;
9.
Appropriate
community association and/or citizen groups.
B.
The
Subdivision Committee shall hold at least one meeting for each check
map filed, and as many additional meetings as may be necessary, with
the subdivider or his or her authorized agent. Such meetings shall
be held for the purpose of submitting technical and factual reports
to the subdivider and for the purpose of preparing a report and making
recommendations to the Planning Commission.
C.
If
any person, officer, department, municipality, district, or agency
does not report to the Subdivision Committee, in writing, within fourteen
days after the check map has been delivered or placed in the mail
directed to the designated address and bearing the proper postage,
such check map shall be deemed to be approved by that person, officer,
department, municipality, district, or agency.
D.
When
the Subdivision Committee has determined that a proposed tentative
map complies with all applicable laws, ordinances, and regulations,
except as otherwise provided in this chapter, the map shall be approved
for filing. A meeting shall be held for such determination within
twenty-two days from the date the check map is submitted to the Subdivision
Committee. Said meeting shall be properly noticed as required by Government
Code Section 65090 and 65091. The filing of a tentative map shall
include the appropriate number of copies of the map as specified by
the Director of Planning, together with any required accompanying
material and the filing fee.
E.
The
Subdivision Committee through the Planning Department shall prepare
a report to the Planning Commission for each tentative map. Any reports
or recommendations on the tentative map that are submitted to the
Planning Commission shall also be submitted, in writing, to the subdivider
at least three days prior to final action on the map by the Planning
Commission. This requirement shall be deemed to have been complied
with when the Subdivision Committee report prepared by the Planning
Department has been submitted to the subdivider or his or her agent,
in person, or when it has been placed in the mail directed to the
subdivider at his or her designated address and bearing the proper
postage.
(Prior code § 30-13; Ord. 2004-882, § 4, 3004)
A.
The
Planning Commission shall hold a public hearing for the purpose of
taking action on each tentative map. Notice of the time and place
of said hearing, including a general explanation of the matter to
be considered and including a general description of the area affected,
shall be given at least ten calendar days before the hearing by publication
at least once in a newspaper of general circulation, published and
circulated in the city, or if there is none, by posting it in at least
three public places in the City.
B.
In
addition to notice by publication, the City shall give notice by first
class mail to any person who has filed a written request therefor
with the Planning Commission. Such a request may be submitted at any
time during the calendar year and shall apply for the balance of such
calendar year. The City may impose a reasonable fee on persons requesting
such notice for the purpose of recovering the cost of such mailing.
C.
In
addition, the City shall give notice of the hearing as required by
Government Code Section 65090 and 65091.
D.
In
the event that the proposed subdivision map approval has been requested
by a person other than the property owner as such property owner is
shown on the last equalized assessment roll, the City shall also give
mailed notice to the owner of the property as shown on the last equalized
assessment roll.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
The
action of the Planning Commission shall be to approve, conditionally
approve, or disapprove the tentative map as filed. Such action shall
be final upon the expiration of the period provided for appeal unless
appealed to the City Council.
B.
The
action of the Planning Commission may include conditional approval
of a tentative map not in compliance with existing zoning regulations
provided that said map complies with the zoning regulations adopted
by ordinance by the City Council but not yet effective, or subject
to the approval of a variance. Such action shall include a condition
that a final map of the subject parcel of land shall not be recorded
until the appropriate zoning regulations have become effective or
the variance is approved.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
In
accordance with the provisions of Government Code Section 66498.1(b),
when the Planning Commission approves or conditionally approves a
vesting tentative map, that approval shall confer a vested right to
proceed with development in substantial compliance with ordinances,
policies and standards described in Government Code Section 66474.2.
However, if Section 66474.2 is repealed, that approval 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.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
Where 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 Planning Commission 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 ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 66498.1 of the Subdivision Map Act and Section 17.08.060 of this chapter, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and map, as approved.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
The
public meeting and the action of the Planning Commission shall be
made within fifty days after the tentative map has been filed, counting
the day after the filing as the first day, except that such time limit
may be extended by mutual consent of the subdivider and the Planning
Commission.
B.
If
no action is taken within these time limits, the tentative map, as
filed, shall be deemed to be approved insofar as it complies with
the provisions of the Subdivision Map Act, this chapter and any other
ordinances applicable thereto.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
The approval, conditional approval, or disapproval of the tentative
map by the Planning Commission shall be reported, in writing, directly
to the subdivider. This requirement shall be deemed to have been complied
with when a report of the Planning Commission's action has been placed
in the mail directed to the subdivider at his or her designated address
and bearing the proper postage.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Any subdivider or record owner of property upon which a tentative
map has been filed may withdraw such map at any time prior to the
action thereon by the Planning Commission. Notice of withdrawal shall
be made to the Planning Commission in writing. Upon receipt of such
notice, the Planning Director shall notify each person, officer, department,
municipality, district, or agency from which a report was requested
when the tentative map was filed. Upon the completion of such notification
the tentative map shall have been officially withdrawn.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
Within
a period of twenty-four months after the date of the approval or conditional
approval of a tentative map by the Planning Commission, or the date
upon which the City Council takes action on an appeal, if applicable,
the subdivider may cause the subdivision, or portion thereof, to be
surveyed, and a final map to be prepared and recorded in accordance
with the tentative map as approved.
B.
The
period set forth above may be established as thirty-six months by
the Planning Commission or City Council, in their sole discretion,
provided the subdivider makes application therefor at the time of
the filing of the tentative tract map. Upon application of the subdivider,
filed prior to the expiration of the approved or conditionally approved
tentative map, the time at which the map expires may be extended by
the Planning Commission for a period or periods not exceeding a total
of three years.
C.
If the Planning Commission denies a subdivider's application for extension, the subdivider may appeal to the legislative body in accordance with Section 17.08.280(A).
D.
The City Council, upon a duly adopted motion, may appeal any decision of the Planning Commission relating to the extension of a tentative map in accordance with Section 17.08.280(C).
E.
An
appeal by the City Council of the approval of an extension of a tentative
map shall operate as a stay to the expiration of the tentative map.
In granting an extension new conditions may be imposed and existing
conditions reviewed and revised, consistent with the provisions of
the Subdivision Map Act and the provisions of this ordinance.
F.
Notwithstanding the above, new conditions on extensions of vesting tentative maps shall be governed by Section 17.08.100 of this chapter and Government Code Section 66498.1.
(Prior code § 30-13; Ord. 92-721 § 2, 1992; Ord. 2004-882, § 4, 2004)
A.
The time periods for approval or conditional approval of tentative maps set forth in Section 17.08.150 shall apply to vesting tentative maps. Rights conferred by vesting tentative map procedures shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved within the time periods set forth in Section 17.08.150, the rights conferred by a vesting tentative map shall last for a time period not to exceed twelve months beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the twelve-month time period shall begin for each phase when the final map for that phase is recorded.
B.
The time period specified in subsection A of this section shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by subsection A of this section the subdivider may apply for a one year extension. If the extension is denied by the Planning Commission, the subdivider may appeal that denial to the City Council within fifteen days.
C.
If the subdivider submits a complete application for a building permit during the period of time specified in subsection A of this section the rights conferred by subsection A of this section shall continue until the expiration of that permit, or any extension of that permit granted by the local agency.
D.
The time period set forth in subsection A of this section shall apply to vesting tentative maps prepared in connection with a parcel map except that the time periods specified in subsection A of this section and subdivision (g) and (h) of Government Code Section 66452.6 shall be determined from the recordation of the parcel map instead of the final map.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Any failure to record a final map within the time period specified by Section 17.08.130 of this section shall terminate all proceedings, and the approval or conditional approval action of the Planning Commission or the City Council shall be null and void. Before a final map may thereafter be recorded on the same parcel of land, a new tentative map shall be filed and approved in accordance with the provisions of this chapter.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Prior to the expiration date of the approval or conditional
approval of a tentative map, the subdivider may cause the proposed
subdivision to be accurately surveyed, substantially in accordance
with the approved or conditionally approved tentative map, and may
file with the county surveyor a final map of the subdivision conforming
in all particulars to the Subdivision Map Act and this chapter. A
sufficient number of prints thereof as determined by the City Engineer
to be necessary to furnish the several interested city departments
and public agencies with a copy and for checking and filing purposes
shall be submitted to the City Engineer for checking purposes.
(Prior code § 30-13; Ord. 2004-882, § 4; 2004)
Each final map shall be prepared in accordance with the provisions
of the Subdivision Map Act and in addition shall comply with the following
requirements either by reference on the map or attached thereto as
supplemental materials.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Final parcel maps are to include:
A.
The information required by Section 17.08.180 to the extent that it is to be included on the map;
B.
Approximately
three inches by three inches blank space near upper right-hand corner
for recorder's stamp;
C.
(a)
"Sheet of," preferably in upper left-hand corner;
D.
County
surveyor's certificate, "Examined and approved this _______ day of
_______. 20____.";
E.
Show
(name of city) or (unincorporated territory), County of Orange, State
of California;
F.
Blue
border around exterior boundary line of land being divided, drafted
on reverse side of linen and exterior side of boundary line, no space
between lines. The blue border shall be the fee title line;
G.
Basis
of bearing, if based on a field survey. SAMPLE: "The bearings of N.O.
@ 01°10″E. for the Centerline of Main Street as shown on Tract
No. 7000, Misc. Maps 200/1-2, Records of Orange County, State of California."
H.
Monument
note or each monument described and referenced separately;
I.
If
five or more parcels are being created the following note shall be
shown on the map: "This map is excluded from the requirements of a
tentative and final tract map by Section 66426 (a, b, c, d) of the
Subdivision Map Act." (If 66246 (c) is applicable, add the following:
"… in that the property is zoned for industrial or commercial
development");
J.
In
the event that the blue border of a parcel map encompasses more than
one public entity (City-City) or (City-County), the appropriate officials
of both entities must sign the map;
K.
Show
tentative map number beneath or adjacent to the RST number;
L.
No
lot or parcel shall be platted so as to be divided by a City or County
boundary line;
M.
Such
other information or materials as may be required by the City Engineer.
Any of the foregoing requirements may be waived or modified by the
City Engineer if it is found that a given requirement is not necessary
in a particular instance or the clarity of the map would be impaired.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Final tract maps are to include:
A.
All requirements of Section 17.08.060(D) of this chapter;
B.
Approximately
three inches by three inches blank space near upper right-hand corner
for recorder's stamp;
C.
"Sheet
of" preferably in the upper left-hand corner. An index sheet or sheets
shall be used;
D.
Certificates;
F.
Show
"City of Yorba Linda, County of Orange, State of California" at the
top of each sheet;
G.
Colored
(blue) border on exterior boundary of land being subdivided, drafted
on reverse side of linen and exterior side of boundary line, no space
between lines;
H.
Basis
of bearings. SAMPLE: "The bearing of N.O.°01′10″E. for the Centerline
of Main Street as shown on Tract 7000, Misc. 200/1-2, Records of Orange
County, California.";
I.
Monument
note (preferably) or each monument described and referenced separately;
J.
Sufficient
monumentation shall be found and/or set to enable the survey to be
retracted;
K.
Show
omitted signatures of parties having certain types of interests in
the land being subdivided as indicated in the title report. If a public
utility or public entity has an easement within the subdivision, the
following phrase shall be added to the City Clerk's certificate: "and
did also approve said map pursuant to Section 66436 of the Subdivision
Map Act." However, if the City has an easement for street purposes
within a street being dedicated on the tract map, said phrase is not
required therefor;
L.
Any
lot or parcel that is being dedicated or granted for public use shall
contain a designation of the specific public use;
M.
Record
lot dimensions of adjoining record maps shall be shown only if determined
to be necessary by the Director of Planning;
N.
Abutting
street right-of-way lines and widths shall be shown. Abutting right-of-way
width need not be shown if identical with interior blue border right-of-way
width;
O.
Regarding
City limit lines: In the event that the blue border of a tract encompasses
more than one public entity (City-City) or (City-County), the appropriate
officials of both entities must sign the map;
P.
All
lot lines, block lines and boundary lines require a bearing and distance.
No repetitive marks of any nature may be used;
Q.
Numbered
lots shall be shown entirely on one sheet;
R.
Alphabetical
lots cannot be building sites and this fact shall be noted on the
final map. Said lots are not required to be shown entirely on one
sheet;
T.
The
centerline, half width and whole width of all streets, alleys, etc.
shall be shown;
U.
Such
other information or materials as may be required by the City Engineer.
Any of the foregoing requirements may be waived or modified by the
City Engineer if it is found that a given requirement is not necessary
in a particular instance or the clarity of the map would be impaired.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Each officer or department responsible for checking compliance
of the final map with the approved or conditionally approved tentative
tract map, shall report in writing to the Department of Public Works
as to the compliance or noncompliance of the final tract map with
all laws, as to matters coming under their jurisdiction, together
with a statement of the changes necessary thereon to cause such map
to comply with the law.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
The evidence of title required by the provisions of Section
66465 of the Subdivision Map Act shall be a certificate of title or
a policy of title insurance issued by a title company authorized by
the laws of the state to write same, showing the names of all persons
having any record title interest in the land to be subdivided, together
with the nature of their respective interests therein.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
Prior to the recordation of a final map, street names shall
be approved by the Planning Director in accordance with the City's
policy on street naming as adopted by the City Council.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
A.
Where
a final tract map should be recorded for a portion of a tentative
tract map, the final tract map shall contain a reference to the tentative
tract map from which it is derived.
B.
If
a final tract map is to be recorded for the entire tentative tract
map, the final tract map shall so state.
C.
Where
final tract maps have been recorded for portions of a tentative tract
map, the final tract map for the final increment of the tentative
map shall contain the same number as the tentative tract map.
(Prior code § 30-13; Ord. 2004-882, § 4, 2004)
