Diamond Bar Municipal Code Ch. 21.03 Subdivision Map Approval Requirements

This chapter determines when city approval of a tentative map, parcel or final map is required.

(Ord. No. 01(1999), § B, 2-2-99)

Any subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with the provisions of this title except as otherwise provided in this chapter. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map or final map to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the standards of this title, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder.

(1) Tentative map requirements. Map act section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a tentative map (see chapter 21.20, Tentative Map Filing and Processing), except as otherwise provided by section 21.03.030 (Exemptions from subdivision approval requirements), and except for the following, which shall require the filing and approval of a parcel map without a tentative map:

a. The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by this title; or

b. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or

c. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has city approval for street alignments and widths; or

d. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter section; or

e. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with map act section 66418.2.

(2) Parcel and final map requirements. A parcel or final map shall be required as follows:

a. Parcel map. The filing and approval of a parcel map (chapter 21.22) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with chapter 1, article 2 of the map act, except for the following subdivisions:

1. 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;

2. Rail right-of-way leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by the California Public Utilities Code § 230, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or

3. Waived parcel map. A subdivision that has been granted a waiver of parcel map requirements in compliance with section 21.22.030 (Waiver of parcel map).

b. Final map. The filing and approval of a final map (chapter 21.22) shall be required for a subdivision of five or more parcels; except where a parcel map without a tentative map is instead required by subsection (1) above (Tentative map requirements).

(Ord. No. 01(1999), § B, 2-2-99)

As provided by article 1, chapter 1 of the map act, the following subdivisions do not require the filing or approval of tentative, parcel or final maps.

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

(2) Cellular antenna 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 Public Utilities Code § 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

(3) Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

(4) Commercial/industrial financing or leases. The financing or leasing of:

a. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

b. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if article H of the development code (Zoning Districts and Allowable Land Uses) requires a use permit for the project, or chapter 22.48 of the development code requires development review.

(5) Condominium conversions. The conversion of:

a. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of map act sections 66412(g) or 66412(h), respectively; or

b. The conversion of certain mobile home parks to condominiums as provided by map act section 66428(b).

(6) Lot line adjustments. A lot line adjustment processed in compliance with chapter 21.26.

(7) Mineral leases. Mineral, oil or gas leases.

(8) 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.

(9) Rail right-of-way leases. 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 as defined by the California Public Utilities Code § 230, unless the director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this title to the short-term lease.

(10) Small, removable commercial buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet.

(11) Residential financing or leases. The financing or leasing of: Apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or accessory dwelling units in compliance with Government Code §§ 65852.1 or 65852.2, respectively.

(12) Separate assessments. Any separate assessment under the Revenue and Taxation Code § 2188.7.

(13) 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.

(Ord. No. 01(1999), § B, 2-2-99; Ord. No. 03(2017), § 1, 5-2-17)

Any subdivision application deemed approved in compliance with Government Code § 65956 or article 2 of chapter 3 of the map act (Government Code § 66452 et seq.), shall be subject to all applicable provisions of this title which shall be satisfied by the subdivider before any building permits or land use permits are issued. Parcel or final maps filed for record after their tentative map is deemed approved shall remain subject to all the mandatory requirements of this title and the map act, including but not limited to Government Code §§ 66473, 66473.5 and 66474.

(Ord. No. 01(1999), § B, 2-2-99)

An exception to any of the provisions of this title may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the map act, or any provision of this title that is duplicated or paraphrased from the map act.

(1) Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

(2) Filing and processing. A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the tentative map and shall not extend the time limits for expiration of the map established by section 21.20.150 (Expiration of approved tentative map).

(3) Approval of exception. The council shall not grant an exception unless all the following findings are first made:

a. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

b. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this title;

c. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

d. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

e. The exception will not affect the consistency of the proposed subdivision with the general plan or any applicable specific plan.

In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(Ord. No. 01(1999), § B, 2-2-99)

The council shall, by resolution, establish a schedule of fees for the subdivision applications required by this title. The schedule of fees may be changed or modified from time-to-time by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a variance in compliance with title 22 of the Municipal Code (development code), both fees will be charged. Processing shall not commence on any application until all required fees/deposits have been paid.

(Ord. No. 01(1999), § B, 2-2-99)