Chino Municipal Code Ch. 19.04 Parcel Map (four or Fewer Parcels)

The purpose of this chapter is to provide final review and recordation of a parcel map for any subdivision of land resulting in four or fewer parcels and for which a final map is not required by the Subdivision Map Act. Parcel maps shall be required for these subdivisions, except for subdivisions created by short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code or for land conveyed to a public agency or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way; provided, however, that if the director of community development finds, upon substantial evidence, that the public interest necessitates such a map, this exception shall not apply.

(Ord. 2010-07, § 1(exh. A), 2010.)

Following approval or conditional approval of a tentative or vesting tentative map, and prior to the expiration of tentative or vesting tentative map approval, the subdivider may cause the preparation of a parcel map that meets all the requirements deemed necessary by the city engineer, including the following:

A. Tentative or vesting tentative map. A tentative or vesting tentative map shall first be filed with the director of community development. The tentative or vesting tentative map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and Chapter 19.02 of this title. The vesting tentative map shall also meet all the requirements for vesting tentative maps provided by Chapter 19.03 of this title.

B. Subdivision agreement and improvement requirements. Where public improvements are required, improvement plans, engineering calculations, and cost estimates shall be submitted and approved by the city engineer prior to acceptance of a final map for filing. The subdivision agreement shall be in the form described in Section 19.01.090 of this title.

C. Map form and contents. The subdivider shall submit the information required by the Subdivision Map Act section 66434 and any additional materials required by the city engineer.

D. Owner's consent. The final map shall include a statement of the property owner's consent to subdivide, with the form and contents described in the Subdivision Map Act section 66436.

E. Monuments. The subdivider's engineer or surveyor must set sufficient durable monuments as required by Section 19.09.020 of this title prior to the approval of the final map.

F. Fee. At the time of filing of the parcel map, the subdivider shall pay the parcel map fee as set forth in the current city fee schedule.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Waivers allowed. The director of community development may waive the requirement for a parcel map upon finding that the following exist:

1. The land being divided consists of a parcel shown on a recorded parcel map or final subdivision map or a legally created parcel and the full street improvements have been constructed and monumentation is evident; and

2. The proposed division of land complies with the requirements of the City Code and Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriately improved public roads, sanitary disposal facilities, water supply availability, environmental protection and any other requirements that may apply.

B. Waivers granted. When the requirement for a parcel map has been waived by the director of community development, the following actions shall take place before the subdivision is made final:

1. The subdivider shall file an application including all the information deemed necessary by the director of community development.

2. The director of community development shall find that the proposed division of land complies with the requirements of the California Environmental Quality Act, Title 20 of the Chino Municipal Code, and any other relevant ordinances, improvement standards as set forth by resolution of the city, the general plan and applicable specific plans of the city.

(Ord. 2010-07, § 1(exh. A), 2010.)

The city engineer shall examine the parcel map and accept or reject it for filing. Once it has been accepted, the city engineer shall present the map to the planning commission, which must make a decision within fifty days of the date the parcel map was accepted.

(Ord. 2010-07, § 1(exh. A), 2010.)

The director of community development shall examine the parcel map and required documents submitted. He or she shall submit the parcel map and required documents to the city engineer for inspection. If both the director of community development and the city engineer determine that the surveys are correct and that such map is technically correct and substantially conforms to the approved tentative or vesting tentative map and the required documents submitted are in order, both shall so certify on such map. If the director of community development and/or city engineer shall find that full conformity has not been made, he or she shall so advise the subdivider and afford him or her an opportunity to make the necessary change.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Easements for, including but not limited to, road or street, path, storm drain, sanitary sewer, water, potable or recycled, public utilities and/or other public use, as may be required, shall be offered for dedication to the public for acceptance by the city, or other public agency, and the use shall be specified on the map. If, at the time the final map is approved, the easements are not accepted by the city council, the easement(s) shall be irrevocably offered to dedicate and the offer shall remain open and the city council may, by resolution, at any later date, and without further action by or notice to the subdivider, rescind its action and accept the easements for public use, which resolution of acceptance shall be recorded in the office of the county recorder.

B. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's instrument number and date, or book and page of official records.

C. Easements not disclosed by the records in the office of the county recorder, but which were found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

D. The sidelines of all easements of record shall be dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.

(Ord. 2010-07, § 1(exh. A), 2010.)

The city engineer shall notify the city council of pending approval of the parcel map. Within ten days of the city council meeting at which such notice is served, the director of community development and city engineer shall approve the parcel map if it is in compliance with the Subdivision Map Act, local ordinances and this title and the conditions of approval have been met. The city engineer shall, at the time of his or her action thereon, accept or reject any and all offers of dedication of streets and other easements.

(Ord. 2010-07, § 1(exh. A), 2010.)

If, at the time of approval of the final map by the city council, any public improvements required, either by this title or by the Subdivision Map Act, have not been completed and accepted in accordance with the conditions of approval on the tentative map, the city council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements as specified by the city engineer:

A. An agreement with the city upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or

B. An agreement with the city to thereafter initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or, if not completed under such special assessment act, to complete such improvements at the subdivider's expense.

Any agreement between the city and a subdivider pursuant to this section shall be guaranteed by the security specified in this title and the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

The appeal process for the decision of the director of community development and/or city engineer shall be as described in Section 19.01.110 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

Upon the approval of the parcel map, the city clerk shall submit the map for recordation in the same manner as provided for final maps set forth in Section 19.05.250 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Purpose. The purpose of this section is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7. Where this section is in conflict with any other provision of Title 19, this section shall govern.

B. Application requirements and review process.

1. Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or as a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15.

2. The applicant for an urban lot split shall submit an application on a form approved by the director of development services and shall simultaneously file a tentative map and accompanying reports and application fees in accordance with the requirements of Section 19.02.030 for a regular tentative map, or Section 19.03.020 for a vesting tentative map.

3. The tentative map shall then be accepted or rejected for filing in accordance with Section 19.02.040 and, after the filing is complete, shall be reviewed in accordance with Subsections (A) through (C) of Section 19.02.050. The director of development services' written report shall then be provided to the city engineer.

4. The city engineer shall approve, conditionally approve, or deny approval of the tentative map. The city engineer's consideration of the tentative map shall be ministerial, without discretionary review or a hearing. The tentative map shall be approved if the city engineer finds that map complies with the Subdivision Map Act and the requirements of this section.

5. Notwithstanding Subsection B.4, the city engineer may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

6. Following approval of a tentative map, the applicant shall submit a parcel map, and shall comply with the application requirements in Section 19.04.020.

7. At least ten days before the city engineer approves or denies the parcel map, the director of development services, or designee, shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed lot split will be located informing the owner(s) of the submitted parcel map.

8. The city engineer, without prior submittal to or approval by the planning commission or city council, shall approve the parcel map if it is in compliance with the Subdivision Map Act, local ordinances, and this title, and the conditions of approval of the tentative map have been met. The city engineer shall, at the time of his or her action on the parcel map, accept or reject any and all offers of dedication and other easements.

9. The appeal process for the decision of the city engineer shall be as described in Section 19.01.110.

10. Upon the approval of the parcel map, the city clerk shall submit the approved parcel map for recordation in the same manner as provided for final maps set forth in Section 19.05.250.

C. Parcel requirements. The parcel that is proposed for subdivision through an urban lot split:

1. Shall be located in an RD1, RD2, or RD4.5 zoning district;

2. Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved, unless the parcel is owned by a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15;

3. Shall only have residential uses located on it on the date the urban lot split is approved;

4. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Section 65913.4(a)(6)(B) through (a)(6)(K):

a. Prime farmland, farmland of statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

b. Wetlands;

c. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures;

d. A hazardous waste site that has not been cleared for residential use;

e. Within a delineated earthquake fault zone unless the development complies with all applicable state and local seismic protection building code standards;

f. Within a special flood hazard area subject to inundation by a 100-year flood, unless:

i. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or

ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program;

g. Within a regulatory floodway, unless the development has received a no-rise certification;

h. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

i. Habitat for protected species; or

j. Land under a conservation easement;

5. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance;

6. Shall not have been created through a previous urban lot split; and

7. Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.

D. Additional requirements.

1. An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:

a. Neither resulting parcel shall be smaller than forty percent of the lot area of the original parcel proposed for subdivision;

b. Neither resulting parcel shall be smaller than one thousand two hundred square feet;

c. Each resulting parcel shall include at least forty percent of the street frontage of the original parcel proposed for subdivision; and

d. Flag lots are not permitted.

2. An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Subsection F.

3. An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c. A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

d. Housing that has been occupied by a tenant in the last three years.

4. As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the city attorney, stating that:

a. The proposed urban lot split will not violate the requirements of Subsection D.3 of this section;

b. Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and

c. The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This Subsection D.4.c shall not apply if the owner of the parcel is a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15.

5. As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the city engineer.

6. Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way.

7. The city shall not require as a condition of approval of an urban lot split:

a. Dedications of rights-of-way or the construction of offsite improvements; or

b. The correction of non-conforming zoning conditions existing on the parcel that will be divided.

8. An urban lot split:

a. Shall conform with all the requirements of the Subdivision Map Act; and

b. Shall conform with all the requirements applicable to parcels maps under this chapter, except for those requirements that conflict with the requirements of this section, in which case the provisions of this section shall control.

E. Limitations applicable to new parcels.

1. Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.

2. Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one consecutive days.

3. A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split.

4. Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots.

F. Limitation on number of units. Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Section 20.04.050 (Second primary units and duplexes in single-family zones), an accessory dwelling unit, or a junior accessory dwelling unit.

G. Deed restriction. As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner's cost, and shall limit the use of each parcel in accordance with the standards of this section. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

(Ord. 2022-010, § 1, 7-19-2022)