Arcadia Municipal Code § 9105.01 General Provisions

A. Supplement and Implement the Act. The provisions of this Section are intended to supplement, implement, and coordinate with the State Subdivision Map Act, referred to in this Section as the Act, as specified in Government Code Sections 66410 et seq., for the purpose of regulating the design and improvement of divisions of land within the City, as those sections may be replaced or amended from time to time.

B. Used in Conjunction with the Act. This Section is not intended to replace the Act, but is expected to be used in conjunction with the Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

C. Promote Public Safety. The purpose of this Division, and any rules, regulations, and specifications adopted in compliance with this Division, is to regulate the division of land and to promote the conservation, stabilization, and protection of property values through orderly growth and development, the provision of necessary public and private facilities, and generally, to promote the public health, safety, and general welfare within the City and any lands as may be annexed or are proposed to be annexed to the City.

D. References to Other Laws. Whenever reference is made to an ordinance of this City or to a statute of the State, the reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of approval of tentative maps, tentative parcel maps, vesting tentative maps, or vesting tentative parcel maps granted in compliance with the ordinances or statutes.

This Division shall be known as and referred to as "the City's Subdivision Ordinance."

For the purpose of this Division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additional definitions are contained in Division 9 (Definitions).

Act. California Government Code Sections 66410 et seq., also known as the Subdivision Map Act.

Advisory Agency. The City staff member or City policy-making or review authority responsible for acting on an application, as specified in Subsection 9105.01.060 (Advisory Agency).

Certificate of Compliance; Conditional Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.) and this Section. A Conditional Certificate of Compliance includes any conditions that the City may impose upon the granting of the certificate requiring that specified terms be complied with before the subsequent issuance of a permit or other grant of approval for development of the property.

Co-Operative Multifamily Building. Any multifamily dwelling, as defined in this Development Code, existing or proposed to be constructed where it is proposed that persons will possess an undivided equitable or legal right or interest, including but not limited to shares, stock, or beneficial interest in trust, in a multiple dwelling in the City coupled with an exclusive right or interest to possess, occupy, or use one or more dwelling units in the multiple dwelling, and shall also mean a condominium, as defined in California Civil Section 1350, and a community apartment project as defined in California Business and Professions Code Section 11004.

Dedication. The granting of real property for public use.

Design. (1) Street alignments, grades, and widths; (2) Drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) Location and size of all required easements and rights-of-way; (4) Fire roads and firebreaks; (5) Lot size and configuration; (6) Traffic access; (7) Grading; (8) Land to be dedicated for park or recreational purposes; and (9) Other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure compliance to or implementation of the General Plan or any specific plan.

Development Code. The Development Code of the City specified in Municipal Code Division 9.

Division of Land. Any lot or contiguous lots of land, improved or unimproved which are divided for the purpose of transfer of title, sale, lease, or financing, whether immediate or future, into two or more lots or the consolidation of separate lots of land or a co-operative multiple building, as defined above. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for the purposes of computing the number of lots under Development Code. "Division of Land" shall not mean land dedicated for cemetery purposes under the State Health and Safety Code or the leasing or financing of apartments, offices, stores, or similar space within an apartment building, a commercial building, an industrial building, mobile home park, or trailer park, or division of a gas, mineral, or oil lease.

Drainage facility. Any drainage device or structure which may be used to control or direct the flow of water or alleviate a flood hazard, including but not limited to berms, channels, culverts, curbs, ditches, gutters, pavement, pumps, and pipes.

Environmental Analysis. An analysis conducted in compliance with the provisions of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq.

Final Map. A map showing a subdivision of lots prepared in compliance with the provisions of this Division and the Act (Government Code Sections 66410 et seq.) and in a manner to be filed in the office of the County Recorder. The map may be a final map, final parcel map, final vesting map, or final vesting parcel map.

Flood hazard. A potential danger to life, land, or improvements due to inundation or stormwater runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage structures, or erode the banks of water courses.

Frontage. That portion of a lot which abuts a public or private street or highway to which the lot has the right of access.

Future Street or Alley. A street or alley which is necessary for the future division of land within a division of land or for the development of adjacent properties and which is offered for public use at an indeterminate future time when the Council determines that the acceptance and construction of the street or alley is warranted.

Geologic Hazard. A hazard inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements due to the movement, failure, or shifting of earth.

Improvements. Street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the subject final map. Improvement also refers to other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination, is necessary or convenient to ensure compliance with or implementation of the General Plan or any applicable specific plan.

Lease. An oral or written agreement or contract, tenancy at will, month-to-month, or similar tenancy.

Lot Line Adjustment. The adjustment of property lines between four or fewer legally created adjoining lots, where the land taken from one lot is added to an adjoining lot, and where a greater number of lots than originally existed is not created; approved by the Director in compliance with Subsection 9105.07.030 (Lot Line Adjustments).

Lot on Cul-De-Sac Terminus. A lot which has 50 percent of its front lot line coterminus with the required diameter turn around on a cul-de-sac.

Lot Width. The distances between the side lot lines measured in a horizontal plane, and as further explained in Division 3.

One Sided Cul-De-Sac. A cul-de-sac which is only half formed in that the centerline of the cul-de-sac establishes one side of the cul-de-sac and the otherwise entire bulb of the cul-de-sac is only half formed and not fully rounded as is customary for cul-de-sacs.

Ornamental Street Lighting. A system of street lighting composed of individual free-standing light standards.

Parkway. That portion of a public right-of-way located between the outermost curb-lane driving lane and the farthest edge of the right-of-way.

Special Study Zone. The area delineated on the Alquist-Priolo Special Studies Zones Map of the State Geologist adopted by the City in compliance with Municipal Code Article III, Chapter 7.

Streets. All alleys, avenues, courts, highways, lanes, places, streets, squares, sidewalks, parkways, curbs or other public ways in the City which have been or may hereafter be dedicated and open to public use, or other public property so designated in the General Plan and any law of the State, and as specified in the following descending order of pavement widths.

Principal Arterial Interstate. A freeway that is included as part of the interstate highway system. It is a controlled access, divided highway that is intended to accommodate high-speed regional travel. Freeways have grade-separated interchanges that provide access from freeway to freeway or between freeways and the arterial street system.

Major Arterial. An arterial roadway that has regional significance. It accommodates subregional and intercity travel and generally has eight travel lanes with a raised median and dedicated left turn lanes. Major Arterials accommodate regional traffic while also providing connection to primary arterials. The right-of-way width for Major Arterial roadways in the City is 220 feet, while the pavement widths range from 160 to 180 feet.

Primary Arterial. An arterial roadway that has less of a regional significance than Major Arterial roadways. It accommodates subregional and intercity travel and generally has four to six through travel lanes with a raised median and/or a center left-turn lane. Primary Arterials accommodate through traffic while also providing direct access to adjacent properties and intersecting streets. The right-of-way widths for Primary Arterial roadways in the City range from 100 to 108 feet, while the pavement width is 84 feet.

Secondary Arterial. An arterial roadway that has less of a regional significance than Primary Arterial roadways. It accommodates intercity travel and generally has four travel lanes with a painted median and/or a center left-turn lane. Secondary Arterials accommodate through traffic while also providing direct access to adjacent properties and intersecting Collector Streets. The right-of-way widths for Secondary Arterial roadways in the City range from 84 to 92 feet, while the pavement widths range from 60 to 68 feet.

Enhanced Collector. A street that is intended to serve as an intermediate route to accommodate travel between arterial roadways and to provide access to the abutting properties. Enhanced Collector streets generally have two travel lanes although four lanes may be provided at certain locations. The right-of-way widths for Enhanced Collector streets in the City range from 80 to 88 feet, while the pavement widths range from 54 to 64 feet.

Collector. A street that is intended to serve as an intermediate route to accommodate travel between local streets and arterial roadways and to provide access to the abutting properties. Collector streets have two travel lanes. The right-of-way widths for Collector streets in the City range from 64 to 72 feet, while the pavement widths range from 40 to 48 feet.

Subdivide. The act of dividing land or structures in compliance with Government Code Section 66410 et seq.

Subdivider. An association, corporation, firm, partnership, or person that proposes to divide, divides, or causes to be divided real property into a subdivision for that person/entity or others, except that employees and consultants of the person/entity, acting in the capacity, are not subdividers.

Subdivision. The division of a tract of land, shown on the latest equalized County assessment roll as a unit or as continuous units, into defined lots, either improved or unimproved, which can be separately conveyed by sale, lease, or financing, and which can be altered or developed. The process often includes setting aside land for streets, sidewalks, parks, public areas, and other infrastructure needs, including the designation of the location of utilities.

Subdivision Map Act (the Act). Government Code Sections 66410 et seq., as it may be replaced or amended from time to time, and referred to in this Division as the Act.

Tentative Map. A map prepared for the purpose of dividing a legal lot into five or more lots and prepared in compliance with the provisions of this Division, the Act (Government Code Sections 66410 et seq.), and in a manner to be recorded in the office of the County Recorder, filed in compliance with Section 9105.03 (Tentative Map Filing and Processing).

Tentative Parcel Map. A map prepared for the purpose of dividing a legal lot into four or fewer lots and prepared in compliance with the provisions of this Division, the Act (Government Code Sections 66410 et seq.), and in a manner to be recorded in the office of the County Recorder, filed in compliance with Section 9105.03 (Tentative Map Filing and Processing).

Vesting Tentative Map. A tentative map for any subdivision, which shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and which meets all of the requirements for a vesting tentative map as specified in the Act (Government Code Sections 66452) and in compliance with Subsection 9105.03.100 (Vesting on Approval of Vesting Tentative Map).

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.

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.

3. 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.

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).

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)

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-of-way, 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.

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.

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.

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)

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.