§ 9105.01 — Arcadia Zoning Code

9105.01.040 - Authority. ¶

This Section is adopted in compliance with the Act as a "local ordinance," as the term is used in the Act. All provisions of the Act and future amendments to the Act not incorporated into this Section shall, nevertheless, apply to all subdivision maps and proceedings under this Section.

9105.01.050 - Applicability. ¶

A.

Applicability of Section.

1.

No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this Division and/or the Act, Government Code Sections 66410 et seq.

2.

This Division shall apply to all divisions of land, except those exempted by Government Code Sections 66412, 66412.1, 66412.2, and 66412.5.

In the event of divisions of land which are not subject to this Division and/or the Act, a certificate of compliance shall be issued on a form prescribed by the Director.

B.

Subdivision Approval Required. Each division of land within the City shall be authorized through the approval of a map or other entitlement in compliance with this Division.

C.

Conflicts with the Act. In the event of any conflicts between the provisions of this Division and the Act, the Act shall control.

D.

Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation specified in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

9105.01.060 - Advisory Agency. ¶

A.

Advisory Agency.

1.

The designated advisory agencies specified in this Subsection shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions on these applications, and shall have the authority to act upon the applications as specified below.

2.

Any advisory agency shall have the authority to refer an application to the Commission or Council for action, as indicated in Table 5-1 (Subdivision Review Authorities), below.

3.

Notwithstanding the provisions of this Subsection, any application filed in compliance with this Section that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Division 7 (Permit Processing Procedures).

e with this Section that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Division 7 (Permit Processing Procedures).

Table 5-1 Subdivision Review Authorities		Role of Review Authority(1)	Role of Review Authority(1)	Role of Review Authority(1)	Role of Review Authority(1)
Type of Decision	Applicable Section or	Director	City Engineer	Commission	Council(2)

	Subsection
Amendments to Approved Tentative Maps	9105.03.120	Decision		Appeal	Appeal
Certifcates of Compliance	9105.07.020	Decision	Recommend	Appeal	Appeal
Correction and Amendments to Recorded Maps	9105.03.070		Decision	Appeal	Decision/ Appeal
Extensions of Time - Tentative Maps, in compliance with Section 9105.03.110 (Tentative Map Expiration and Extensions)	9105.03.110	Decision	Recommend	Appeal	Appeal
Final Parcel Maps, Without Dedications	9105.05	Recommend	Decision	Appeal	Appeal
Final Parcel Maps, With Dedications	9105.05	Recommend	Decision
Final Tract Maps, Vesting Tract Maps	9105.03.100	Recommend	Recommend		Decision
Lot Line Adjustments	9105.07.030	Decision	Recommend	Appeal	Appeal
Lot Mergers	9105.07.040	Decision	Recommend	Appeal	Appeal
Modifcations to Lot Area, Depth, and Width Requirements	9105.09.030			Decision	Appeal
Reversion to Acreage	9105.07.050			Recommend	Decision
Subdivision Improvement Plans	9105.09.060		Decision	Appeal	Appeal
Tentative Tract Maps, Vesting Tentative Maps	9105.03	Recommend		Decision	Appeal
Tentative Parcel Maps, Vesting Tentative Parcel Maps	9105.03	Recommend		Decision	Appeal
Tentative Parcel Maps, With Dedications	9105.05	Recommend		Decision	Appeal
Waiver of Parcel Maps	9105.05.020		Decision	Appeal	Appeal
Tentative & Final Parcel Map for Urban Lot Splits	9105.05.090	Decision
Notes:
(1) "Decision" means that the review authority makes the fnal decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 9108.07 (Appeals); "Recommend" means that the review authority makes a recommendation to a higher decision-making review authority.
(2) Decisions of the Council may not be appealed.

B.

Appeal Authorities.

1.

The Commission shall be the review authority for any appeal of a decision of the City Engineer or Director, except when dealing with any maps containing dedications.

2.

The Council shall be the review authority for any appeal of a decision of the Commission.

C.

City Engineer. The City Engineer shall be responsible for all of the following:

1.

Establishing subdivision and public improvement design and construction details, standards, and specifications.

2.

Determining whether proposed subdivision improvements comply with the provisions of this Division and the Act.

3.

Inspecting and approving subdivision improvements.

4.

Review authority on amendments to recorded maps, extensions of time on tentative maps, final parcel maps with and without dedications, lot mergers, subdivision improvement plans, and waiver of parcel maps.

5.

Providing assistance to the Director on the review of amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications.

D.

Director. The Director shall be responsible for all of the following:

1.

Accepting certificate of compliance, lot line adjustment, parcel map, reversion to acreage, tentative map, vesting tentative map, and similar applications for processing; and distributing the application materials to appropriate agencies and City departments for review.

2.

Investigating tentative map applications for conformity to the General Plan, applicable specific plans, and this Development Code, and in consultation with other City departments, recommending action to the Commission.

3.

Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq.

4.

Certifying amended maps, final maps, and reversion to acreage maps for substantial compliance with approved tentative maps.

5.

Review authority on amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications.

E.

Commission. The Commission shall be responsible for all of the following:

1.

Taking action to recommend approval, conditional approval, or denial of condominiums/conversions, tentative map applications, and reversion to acreage maps to the Council.

2.

Hearing appeals of decisions of the City Engineer and Director.

3.

Reviewing and taking action to approve, conditionally approve, or deny commercial condominium and residential condominium conversion applications.

F.

Council. The Council shall be responsible for all of the following:

1.

Accepting offers of dedication and improvements for divisions of land resulting in five or more lots.

2.

Review authority on amendments to recorded maps, condominiums/conversions, tentative and final tract maps, and reversions to acreage maps.

3.

Taking action to approve, conditionally approve, or deny any application referred by another review authority or by appeal, or any land division application with an associated permit application filed in compliance with the requirements of this Development Code.

(Ord. No. 2388, Exh. A, 7-19-22; Ord. No. 2396, § 4(Exh. B), 4-18-23)

9105.01.070 - Type of Subdivision Approvals Required.

Any subdivision of an existing lot into two or more lots shall require approval by the City in compliance with this Division and the Act. In general, the procedure for subdivision first requires the approval of a tentative

map, and then the approval of a parcel map (for a subdivision that results in four or fewer lots) or a final map (for a subdivision that results in five or more lots) to complete the subdivision process. The City's review of a tentative map evaluates the compliance of the proposed subdivision with applicable City standards, this Division, the Act, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise surveying documents that detail the location and dimensions of all lot boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

A.

Tentative Map Requirements. The filing and approval of a tentative map is required for:

1.

A subdivision or resubdivision of four or fewer lots, as authorized by Government Code Section 66428; and

2.

A subdivision or resubdivision or of five or more lots, and all other types of subdivisions required to have tentative map approval by Government Code Section 66426.

B.

Final Map/Final Parcel Map Requirements. A final map/final parcel map (Section 9105.05) shall be required as follows:

1.

Final Map. The filing and approval of a final map (Section 9105.05) shall be required for a subdivision of five or more lots, except a subdivision that is otherwise required to have a parcel map by Government Code Section 66426.

2.

Final Parcel Map. The filing and approval of a final parcel map (Section 9105.05) shall be required for a subdivision creating four or fewer lots, with or without a designated remainder in compliance with Government Code Article 2, Chapter 1, except for the following subdivisions:

a.

Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-ofway, unless the Director determines, based on substantial evidence, that public policy necessitates a parcel map, in an individual case, in compliance with Government Code Section 66428;

b.

Cemeteries. Land dedicated for cemetery purposes in compliance with the Health and Safety Code; and

c.

Waived Parcel Map. A subdivision that has been granted a waiver of parcel map requirements in compliance with Subsection 9105.05.020 (Waiver of Parcel Map).

C.

Co-Operative Multiple Buildings. A tentative map or tentative parcel map for a co-operative multiple building project shall not be approved unless at the time of approval it appears that the project complies or will comply with the then existing building codes and Development Code regulations and all other regulations of the Municipal Code, and unless a condition is imposed that a Building Permit shall not be issued and a final map or parcel map shall not be approved for the project unless it so complies; provided, that where minor variations from Development Code requirements exist with respect to the proposed conversion of an existing structure to a co-operative multiple building and full compliance with Development Code requirements presents practical difficulties, after report of the Commission, the Council may waive full compliance and approve the tentative map or tentative parcel map with the condition appropriately modified upon making a finding that the project in in substantial compliance with the applicable Development Code regulations and that the minor variations will not prevent compliance with the intent and purpose of the Development Code regulations.

D.

Exemptions from Subdivision Approval Requirements. The types of subdivisions specified by Government Code Sections 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Act provision as not being subject to the requirements of the Act, and/or not being considered to be divisions of land for the purposes of the Act, shall be exempt from the subdivision approval requirements of this Division.

E.

Exceptions from Map Preparation Requirements. The types of subdivisions specified by Government Code Section 66426, or other applicable Act provisions as not requiring the preparation of a tentative map, parcel map, and/or a final map shall comply with Government Code Section 66426.

9105.01.080 - Enforcement of Subdivision Regulations. ¶

See Section 9105.13 (Enforcement) for specific subdivision related enforcement provisions and Section 9108.15 (Enforcement) for expanded enforcement provisions relating to this Development Code.

9105.01.090 - Applications Deemed Approved.

A.

Subdivisions Deemed Approved by Law. A subdivision application deemed approved in compliance with Government Code Sections 65956 or 66452.1, 66452.2 or 66542.4, shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a Building or grading Permit is issued.

B.

Subject to Mandatory Requirements. Final maps filed for recordation after their tentative parcel or tract maps are deemed approved shall remain subject to all of the mandatory requirements of this Division and

the Act, including Government Code Sections 66473, 66473.5, and 66474.

9105.01.100 - Processing Fees. ¶

A.

Council Shall Set Fees. The Council, by resolution, shall set reasonable fees in connection with this Division, including but not limited to fees and deposits for processing tentative tract and parcel maps and final and final parcel maps; fees for giving notice of public hearings; fees for copying and distributing written reports on tentative maps; fees for processing lot line adjustments, mergers, and reversions to acreage; and fees and deposits related to the other procedures and requirements specified in this Division.

B.

Fee Schedule. This schedule of fees shall be referred to in this Development Code as the Fee Schedule.

C.

Payable to the City. All required fees and deposits shall be payable to the City in compliance with the Fee Schedule established by resolution of the Council, as it may be revised from time to time.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

9105.01.110 - Exceptions to Subdivision Standards. ¶

A.

Exceptions to Standards. An exception to a provision of Section 9105.09 (Subdivision Design and Improvements) may be requested by a subdivider in compliance with Section 9107.05 (Administrative Modifications) or Section 9107.25 (Variances).

B.

Not Used to Waive Act. An exception shall not be used to waive or modify a provision of the Act, or a provision of this Division that is duplicated or paraphrased from the Act.

Section 9105.03 - Tentative Map Filing and Processing