Chino Municipal Code Ch. 19.01 Applicability and Administration

In the interest of protecting the health, safety and general welfare of the people of the City of Chino, this chapter has as its purposes:

A. Map Act. To give effect to the California Subdivision Map Act, commencing with Section 66410, et seq. of the California Government Code;

B. Plan implementation. To give effect to the general plan and specific plans of the city relative to the subdivision of land;

C. Local ordinance. To regulate, by local ordinance, those matters of land division, merger, reversion, and lot line adjustment not governed by the Subdivision Map Act;

D. Orderly development. To facilitate and ensure orderly development of lands in the incorporated city;

E. Consistency. To implement the objectives established for the development of the city in conformance with its general plan and specific plans, and to ensure that a proposed subdivision or land division shall be considered in relation to those plans;

F. Improvements. To provide standards governing the surveys, designs and improvements of subdivisions, and the submission of maps, plans and specifications for the construction of improvements;

G. Utilities. To provide for standards for, and the construction and installation of, streets, roads, highways, public utilities, and other improvements, as well as fee schedules for services rendered by the city;

H. Building sites. To provide for the creation of reasonable building sites by establishing appropriate standards for streets and lots, and to ensure that each property has a means of ingress and egress;

I. Flooding. To control the division of land that is subject to inundation by flooding from natural streams or artificial ponding, and other detrimental influences which may cause land to be unsuitable for satisfactory development;

J. Soil conditions. To control the division of land which may be subject to dangerous or unsuitable soil conditions of any type, or subject to any other impediments affecting the use of the land for human habitation; and

K. Rules and regulations. To provide rules and regulations governing the contents of tentative, vesting tentative and final maps, land division, and parcel maps, and establish methods for the processing and filing of the maps and regulate other related matters.

(Ord. 2010-07, § 1(exh. A), 2010.)

This title shall be known as, and may be cited as, the "Subdivision Ordinance of the City of Chino".

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Prior to the subdivision of any land in the city, the subdivider and developer thereof shall conform to and comply with the requirements, rules and regulations of this title.

B. No land shall be subdivided and developed for any purpose that is not in conformity with the general plan and any specific plan and any planned community of the City of Chino or specifically authorized by the zoning ordinance for the city.

C. The type and intensity of land use as shown on the general plan or applicable specific plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider.

D. No final map or parcel map shall be approved, and no certificate of compliance shall be issued, if a substandard lot would thereby be created or recognized.

(Ord. 2010-07, § 1(exh. A), 2010.)

The planning commission shall constitute the "advisory agency" as defined in Section 66415 of the Subdivision Map Act. The city council shall constitute the "appeal board" as defined in Section 66416 of the Subdivision Map Act, except where otherwise specified in this title. The city council shall also act as the advisory agency when it approves, conditionally approves or disapproves maps.

(Ord. 2010-07, § 1(exh. A), 2010.)

Any violation of this title shall constitute a misdemeanor and upon conviction thereof, shall be punishable as set forth in Chino Municipal Code Chapter 1.12.

(Ord. 2010-07, § 1(exh. A), 2010.)

The director of community development shall be responsible for the coordination of review and decisionmaking and the provision of information regarding the status of all applications and permits for residential, commercial and industrial developments required by this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

The provisions of this title shall not apply to:

A. Financing or leasing. 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. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

D. Lot line adjustment. A lot line adjustment between four or fewer existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; provided, however, the lot line adjustment is approved in accordance with Chapter 19.13 of this title.

E. Separate assessment. Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code.

F. Community apartment projects. The conversion of a community apartment project or stock cooperative to a condominium, except that such conversions shall be subject to the provisions of Section 66412(g) and Section 66412(h) of the Subdivision Map Act.

G. Commercial or industrial financing. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings or of existing separate commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances of the city regulating design and improvement.

H. Residential financing. The construction, financing or leasing of second units pursuant to Section 65852.2 of the California Government Code; provided, however, this title shall be applicable to the sale or transfer, but not the leasing, of those units.

I. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

J. Wind energy conversion systems (WECS). The leasing of, or granting of, an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the city.

K. Telecommunications facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

L. Solar electrical generation. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body.

M. Biogas. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body.

(Ord. 2010-07, § 1(exh. A), 2010.)

Pursuant to its police power, the city may impose conditions on the approval of any tentative or vesting tentative map (see also Sections 19.02.070 and 19.03.060 of this title). The city council may adopt, by resolution, a listing of standard conditions of approval, which may be imposed on the approval of any tentative or vesting tentative map by reference. Any, or all, or none, of the standard conditions of approval may be imposed by the city council by such reference. Imposition of any, all, or none of the standard conditions of approval does not in any way abrogate the power of the city council to impose other conditions.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Subdivision improvement agreement. The subdivision agreement, if applicable, shall be in a form acceptable to the city attorney and city council and subject to a fee established by the city council. It shall include the following:

1. A list of the improvements, dedications, and in-lieu fees, indicating those improvements that have not been constructed;

2. A schedule for completing the improvements;

3. A requirement that the improvements be completed at the subdivider's expense; and

4. A provision of security and warranties for performance.

B. Public improvement agreement. In the case of a site development where no subdivision agreement is required, the director of community development and/or city engineer shall require a public improvement agreement in the form described in Subsection A for a subdivision improvement agreement.

C. Development agreement. A development agreement may be used in lieu of or in addition to a subdivision or public improvement agreement, provided that it contains the provisions described in Subsection A at a minimum.

(Ord. 2010-07, § 1(exh. A), 2010.)

When a map is filed for the division of land, all public notice requirements listed in Chapter 3 of the Subdivision Map Act, starting with Section 66451 of the California Government Code, shall be followed.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Administrative actions or decisions.

1. Any applicant or any interested person may appeal to the planning commission, any action or decision of the director of community development. An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the action or decision. Such appeal shall include a statement identifying the specific action or decision that is being appealed, the specific grounds for the appeal, and the relief requested from the planning commission.

2. Upon receipt of an appeal request, the director of community development shall prepare the record before the planning division on the subject matter of the appeal, including reports and memos, and transmit them to the planning commission. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal, proposed findings to deny or support the appeal, along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the planning commission.

3. Upon receipt of an appeal request, the planning commission shall set the matter for hearing. The hearing shall be held within thirty days after the date of a request filed by the appellant. If there is no regular meeting of the planning commission within the next thirty days for which notice can be given pursuant to Government Code Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of the receipt of the request, whichever period is shorter, per Government Code Section 66452.5.

4. Within ten days following the conclusion of the hearing, the planning commission shall render its written decision on the appeal. The planning commission may deny the appeal, or may grant the appeal in whole or in part. The decision shall include all required findings of fact.

5. Regardless of who files the appeal, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this Subdivision Ordinance (Title 19 of this Code) shall lie with the project applicant.

B. Planning commission actions or decisions.

1. Any applicant or any interested person may appeal to the city council, any action or decision of the planning commission. An appeal request shall be filed in writing with the community development department, along with the appropriate fee as determined by resolution of the city council, within ten days following the planning commission action or decision. Such appeal shall include a statement identifying the specific action or decision of the planning commission that is being appealed, the specific grounds for the appeal, and the relief requested from the city council. The appeal statement shall be limited to those matters raised during the public hearing before the planning commission. The city council may not consider any matter that was not raised during the public hearing before the planning commission and contained in the appeal statement.

2. Upon receipt of an appeal request, the director of community development shall prepare the record before the planning commission on the subject matter of the appeal, including staff reports and planning commission meeting minutes, and transmit them to the city council. The director of community development shall also prepare a written response to the appeal statement, containing a recommendation on the appeal and proposed findings to deny or support the appeal, along with any appropriate conditions. The response shall be made available to the appellant at least seventy-two hours prior to the appeal hearing before the city council.

3. A verbatim transcript of the public hearing before the planning commission on the subject matter of the appeal shall be provided if the appellant so requests. The cost of its preparation shall be deposited with the city within five days following the receipt of the appeal request.

4. Upon receipt of an appeal request, the city council shall set the matter for hearing. The hearing shall be held within thirty days after the date of a request filed by the appellant. If there is no regular meeting of the city council within the next thirty days for which notice can be given pursuant to Government Code Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within sixty days from the date of the receipt of the request, whichever period is shorter, per Government Code Section 66452.5.

5. Within ten days following the conclusion of the hearing, the city council shall render its written decision on the appeal. The city council may deny the appeal, or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings of fact.

6. Regardless of who files the appeal, the burden of demonstrating that a project satisfies all applicable standards and criteria as required by this Subdivision Ordinance (Title 19 of this Code) shall lie with the project applicant.

(Ord. 2010-07, § 1(exh. A), 2010; Ord. 2014-020, § 1, 2015.)

Any requirement imposed by this title may be waived by the planning commission or the city council upon an affirmative finding that the subdivision is such that compliance with the requirements is unnecessary, that imposition of the requirements would constitute an undue burden on the subdivider, and that waiver of the requirements would not be detrimental to surrounding properties and to the public interest and would not violate any regulations in the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Prohibited transactions.

1. No person shall offer to sell or lease, to contract to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by this title, until such map thereof in full compliance with the provisions of this title has been filed for record by the county recorder.

2. 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 title, until such map thereof in full compliance with the provisions of this title has been filed for record by the county recorder.

3. Conveyances of any part of a division of real property for which a final or parcel map is required by this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the county recorder.

B. Voidability of deeds. Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this title, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this title.

C. Injunctive relief. This title does not bar any legal, equitable, or summary remedy to which the city or any person, firm, or corporation may otherwise be entitled, and the city or such person, firm or corporation, may file a suit in the superior court of the county to restrain or enjoin any attempted or proposed division for sale, lease, or financing in violation of this title.

D. Penalties. Each violation of this title by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars, or by both that fine and imprisonment. Every other violation of this title is a misdemeanor.

E. Development contrary to public health or safety. The city shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted in a division, in violation of the provisions of this title, if it finds that development of such real property is contrary to public health or public safety. If the city issues a permit or grants approval for the development of any such real property, it may impose such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Any person owning real property may request, and the city shall determine, whether the division of such real property complies with the provisions of this title. Upon making such a determination, the city shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of this title and the Subdivision Map Act. The city may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance.

B. If the city determines that the division of such real property does not comply with the provisions of this title, it may, as a condition to granting a certificate of compliance, impose any of the conditions permitted under this chapter.

C. A recorded final subdivision map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Ord. 2010-07, § 1(exh. A), 2010.)

If any provision of this title or the application of this title to any person or circumstance is held invalid, the remainder of this title or the application of a provision to other persons or circumstances shall not be affected.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. The subdivider may designate as a remainder that portion of the subdivision which is not divided for the purpose of sale, lease or financing.

B. For any remainder parcel so designated, the final map or parcel map shall state, as a condition of approval, that said remainder portion shall not be sold, leased or financed until all improvements which are required have been constructed or the in-lieu fees have been paid, or the subdivider has entered into an agreement with the city providing for the construction of such improvements at the subdivider's expense, within a period of twelve months after the recordation of the map. In the latter case, the subdivider shall be required to furnish security in connection with the performance of such agreement as provided in Chapter 19.09 of this title.

C. Notwithstanding Subsection B of this section, the city council hereby finds that it is necessary for reasons of public health and safety that all required off-site improvements be constructed within a period of twelve months following the recordation of a parcel map or final map for each parcel or unit of land designated on such map as the remainder upon which there exists a building or other usable structure at the time of such recordation.

(Ord. 2010-07, § 1(exh. A), 2010.)