Chapter 12.02 — GENERAL AND MISCELLANEOUS

Sec. 12.02.010. - Purposes.

(a)

The purpose of this chapter is to provide regulations and control of the design and improvement of subdivisions, in accordance with the Subdivision Map Act (Government Code § 66410 et seq.).

(b)

Other purposes of this chapter are:

(1)

To implement the General Plan;

(2)

To provide regulations and controls, within the laws over the use of land for the health, safety and welfare of present and future residents of the City; and

(3)

To provide a procedure for lot line adjustments.

(OCC § 7-9-201)

Sec. 12.02.020. - Prohibitions.

(a)

No person shall offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map is required by this chapter, until such map thereof, in full compliance with the provisions of this chapter and the Subdivision Map Act (Government Code § 66410 et seq.), has been filed for record by the County Recorder.

(b)

No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this chapter until such map thereof, in full compliance with the provisions of this chapter, and the Subdivision Map Act (Government Code § 66410 et seq.) has been filed for record by the County Recorder.

(c)

No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act (Government Code § 66410 et seq.) or this chapter shall be granted by any officer or employee of the County of Orange or by the Planning Commission or the City Council unless a certificate of compliance has been issued and recorded for the property to be developed.

(OCC § 7-9-202)

Any reference to "the Director" in this chapter shall be to the City Manager or designee. The Director shall be responsible for enforcing the provisions of this chapter.

(OCC § 7-9-203)

Until the Director acts pursuant to this section, the Orange County Subdivision Manual as the same exists on March 24, 1999, shall be the subdivision manual for the City and references in this title to the Subdivision Manual shall be to same. The Director shall formulate such rules, procedures, and interpretations as may be necessary or convenient to administer this chapter. Such rules, procedures and interpretations shall be referred to as the " City of Laguna Woods Subdivision Manual" or the "Subdivision Manual." Copies of the Subdivision Manual shall be made available to the public at a cost sufficient to pay for printing.

(OCC § 7-9-204)

Sec. 12.02.050. - Processing and filing fees.

Fees to cover the costs incurred by the City in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and this chapter shall be paid to the County of Orange in compliance with the fee resolutions adopted by the City Council.

(OCC § 7-9-207)

CHAPTER 12.04. - DEFINITIONS

Sec. 12.04.010. - Map Act prevails.

The definitions in the Subdivision Map Act (Government Code § 66410 et seq.) shall govern the meaning of words in this chapter, except as follows:

(OCC § 7-9-210)

Sec. 12.04.020. - Zoning Code, Grading Code, Map Act definitions apply.

Unless otherwise defined in this chapter, words and phrases used in this chapter shall be deemed to have the same meaning applied to them in Chapter 10.06, Grading Code, Title 13, Zoning, and the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-211)

Sec. 12.04.030. - Other definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(05)

Inundation. Ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.

(10)

Vehicular access rights. Refers to the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

(OCC § 7-9-212)

CHAPTER 12.06. - TYPES OF MAPS PERMITTED[[2]]

Footnotes:

--- ( 2 ) ---

State Law reference— Maps, Government Code § 66425 et seq.

Sec. 12.06.010. - Tentative tract maps.

A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of a dwelling unit to a stock cooperative containing five or more dwelling units, or a community apartment project containing five or more apartment units, except as otherwise specified by Section 12.06.020 or Section 12.06.050.

(OCC § 7-9-231)

Sec. 12.06.020. - Tentative parcel maps.

A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating less than five lots, less than five condominium units, or a community apartment project containing less than five apartment units, or where:

(1)

The land before division contains less than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by City standards will have been previously complied with; or

(2)

Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 20 feet to a maintained public street or highway; or

(3)

The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial development and abuts streets or highways which have been approved by the City as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or

(4)

Each parcel proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section.

(OCC § 7-9-232)

State Law reference— Authority to require tentative maps, Government Code § 66428; parcel maps, Government Code § 66444 et seq.

Sec. 12.06.030. - Final tract maps.

A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this chapter, the Subdivision Map Act (Government Code § 66410 et seq.) and the Subdivision Manual.

(OCC § 7-9-233)

State Law reference— Final maps, Government Code § 66433 et seq.

Sec. 12.06.040. - Final parcel maps.

(a)

A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of Section 12.06.020(c). A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of Section 12.06.020(b), (c) or (d). It shall be filed in compliance with the provisions of this chapter the Subdivision Map Act (Government Code § 66410 et seq.) and the Subdivision Manual.

(b)

A parcel map shall be based upon a field survey except that a parcel map may be compiled from record data when the County Surveyor determines that the subdivision does not require a field survey provided the map complies with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(OCC § 7-9-234)

State Law reference— Final maps, Government Code § 66433 et seq.

Sec. 12.06.050. - Exceptions.

Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified.

(1)

A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by Subsections (1) through (9) may be submitted in compliance with the certificate of compliance procedure. Neither a tentative or final tract or parcel map is necessary for the following:

a.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

b.

Mineral, oil or gas leases;

c.

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

d.

Leases of agricultural land for agricultural purposes;

e.

Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code § 230;

f.

Subdivisions in which every parcel has a gross area of 60 acres or more;

g.

Lot line adjustments;

h.

Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map may be required if the Director determines that a map is necessary for purposes of public health and safety or for the general welfare;

i.

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(2)

A final parcel map is not required when waived pursuant to the provisions of Section 12.22.020 of this title.

(3)

A request for certificate of compliance may require a tentative map, as specified by the Director.

(OCC § 7-9-235)

Sec. 12.06.060. - Vesting tentative maps.

A vesting tentative map is a map which confers a vested right to proceed with development for a specified time after recordation.

(1)

A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

(2)

A vesting tentative map shall be identified on the submittal as a "vesting tentative map."

(3)

A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per Subsection (4) below.

(4)

Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning ordinance in effect at that time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of Section 12.10.080.

(5)

A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements herein.

(6)

The provisions of Section 12.10.120 shall apply to an approved or conditionally approved vesting tentative map.

(7)

The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in Government Code §§ 66498.1—66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right to the Planning Commission.

(8)

The provisions of Section 12.10.110, modification of maps and conditions of approval shall apply to an approved or conditionally approved vesting tentative map.

(9)

Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the City Council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps including extension of time.

(10)

Fees for development permits (e.g., building and grading permits) filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.

(OCC § 7-9-236)

State Law reference— Vesting tentative maps, Government Code § 66498.1 et seq.

CHAPTER 12.08. - REQUIREMENTS FOR TENTATIVE MAPS[[3]]

Footnotes:

--- ( 3 ) ---

State Law reference— Tentative maps, Government Code § 66452 et seq.

Sec. 12.08.010. - Types of maps covered.

This chapter pertains to requirements for tentative parcel maps and tentative tract maps.

(OCC § 7-9-237)

Sec. 12.08.020. - Form and contents.

Tentative maps shall conform with such requirements as to form and contents as may be specified by the Director in the Subdivision Manual.

(OCC § 7-9-238)

Sec. 12.08.030. - Who may file.

Any property owner who proposes to subdivide his property may file a tentative map. 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.

(OCC § 7-9-239)

Sec. 12.08.040. - Certification of ownership and irrevocable offers of dedication.

(a)

Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by evidence of the real property proposed for subdivision.

(b)

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 such portions are clearly identified on the map.

(c)

When any portion of a tentative map includes property on which an irrevocable offer of dedication has been made to a public agency, such portion shall be clearly identified on the tentative map.

(d)

Any agency to which an irrevocable offer of dedication has been made shall sign the final tract/parcel map which includes the area over which the irrevocable offer has been made.

(OCC § 7-9-240)

Sec. 12.08.050. - Title report.

Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided when determined to be necessary by the Director.

(OCC § 7-9-241)