Fontana Municipal Code Art. IV Parcel Maps

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Circulation master plan means the plan for streets and thoroughfares which has been adopted and approved by the city council, together with any approved revisions or modifications thereof.

City attorney means the city attorney, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

City engineer means the city engineer, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

County means the County of San Bernardino, and when used to modify an officer, office or department shall mean that officer, office or department of the county and shall include properly authorized agents of that officer, office or department acting within the scope of the particular duties entrusted to them.

Division or division of land means the changing of any property line as a result of a sale or deed of conveyance, whether the change results in additional parcels of land or not, but shall not mean the changing of a property line for the purpose of conveying a right-of-way to a public body or agency or a division of land in which all parcels created or remaining contain at least five acres or more of land.

Land means any parcel of land or lot or portion thereof as shown on the latest adopted tax roll of the county on April 4, 1963, and shall be synonymous with property.

Land divider means any person commencing proceedings under this article to effect a division of land under this article for himself or for another.

Owner means the person having sufficient proprietary interest in the land to be divided to commence and maintain proceedings to divide the land under the article, and shall include the agent or nominee of the owner.

Property means any parcel of land or lot or portion thereof as shown on the latest adopted tax roll of the county on April 4, 1963, and shall be synonymous with land.

Street means any public highway, road, street, avenue, alley, way, easement or right-of-way dedicated or used for public street and highway purposes.

Vesting parcel map. See the definition of the term "vesting tentative tract map" in section 26-26.

(Code 1968, § 28-37)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article is enacted for the purpose of adopting regulations for the following:

(1) Dividing of land into four parcels or less.

(2) Dividing of land which contains less than five acres, where each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the city.

(3) Dividing of land which has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

(4) Dividing of land which consists of a parcel of land having approved access to a public street or highway which composes part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths.

(5) Dividing of land which has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

(6) Combining of contiguous parcels under common ownership into one parcel.

(7) Lot line adjustments.

(Code 1968, § 28-38)

Any sale or deed of conveyance made contrary to the provisions of this article is voidable to the extent and in the same manner provided in Business and Professions Code § 11540, and shall constitute a misdemeanor, and any person, acting either as principal or agent, who sells or executes a deed of conveyance contrary to the provisions of this article shall, upon conviction thereof, be punishable as provided in section 1-7.

(Code 1968, § 28-52; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— Ord. No. 1813, Exh. B, adopted Sept. 24, 2019, repealed § 26-213, which pertained to applicability of parcel map regulations and derived from the 1968 Code. Subsequently, §§ 26-214—26-224 were renumbered as §§ 26-213—26-223.

(a) The following shall be considered as the procedure for processing of a lot line adjustment:

(1) The applicant shall file a standard lot line adjustment application with the planning department.

(2) The application shall be accompanied by a letter signed by all fee owners of the properties involved agreeing to the proposed adjustment, and containing a listing by legal description or assessor number of the parcels and owners.

(3) If any or all of the existing parcels are in any way developed with buildings, walls, fences, etc., the application shall be accompanied by a plat prepared by a licensed land surveyor or registered civil engineer showing the existing facilities and their relationship to the existing and proposed lot lines.

(4) The application shall be accompanied by copies of recorded deeds on all of the existing properties.

(b) Upon approval of the lot line adjustment by the planning director, the applicant shall cause to be prepared a record of survey reciprocal deeds drawn between all affected owners, transferring property in accordance with the approved lot line adjustment. Two copies of these documents shall be submitted to the public works department for review and approval prior to recordation.

(c) Upon compliance with all other requirements and approval of transfer documents, the city engineer shall so notify the applicant and the transfer documents may be recorded.

(d) Approval of a lot line adjustment may be granted only if the following findings are made:

(1) All prerequisites for a lot line adjustment have been submitted for review.

(2) Existing legal descriptions are found by the city engineer to be in agreement with recorded survey data, and no conflicts exist which may be compounded by the proposal for lot line adjustment.

(Code 1968, § 28-39.1; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

(Code 1968, § 28-40; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

(a) The planning commission may recommend that the city council modify any of the regulations set forth in this article. Requests for any such modification shall be indicated fully on the parcel map application. In order for the property referred to in the application to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

(1) That there are special circumstances or conditions affecting the property.

(2) That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3) That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(b) In recommending the authorization of any modifications under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the modifications recommended and the conditions designated.

(c) Upon receipt of such report, the city council may approve or deny the modifications recommended.

(d) In all cases in which such modifications are authorized, city council shall require such evidence as it deems necessary that the conditions required in connection with such modifications are being complied with.

(Code 1968, § 28-41; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

(a) Application. Each land divider shall file with the planning department a parcel map application in form, format and content and with the requisite number of parcel maps in accordance with the planning commission adopted submittal requirements established pursuant to section 30-1362.

(b) Filing fees. At the time of filing of the parcel map, the land divider shall pay to the city a filing fee in an amount to be fixed by resolution of the city council.

(c) Form. Every parcel map filed with the planning department shall adhere to the requirements specified in the parcel map application in effect at the time of submittal.

(Code 1968, § 28-42; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

(a) All land dividers requesting approval of a parcel map shall file with the planning department a parcel map application in form, format and content as established by resolution of the planning commission. The application shall be subject to the provisions of sections 30-1361 through 30-1365.

(b) Processing of parcel maps shall be conducted pursuant to section 26-52.

(c) The planning director shall approve, conditionally approve or disapprove the parcel map and shall report such action directly to the land divider, and shall also transmit to the city engineer a copy of the parcel map with a memorandum setting forth the action of the planning director thereon. If the map is disapproved, the reasons therefor shall be set forth. If no action is taken within 50 calendar days after issuance of a notice of official filing by the planning department, unless this 50-day time period is extended by mutual agreement of the planning department and the land divider, the parcel map shall be deemed to be approved.

(d) The planning director shall approve a tentative parcel map only if it makes the following findings:

(1) That the proposed map is consistent with the city's general plan and any applicable specific plan.

(2) That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

(3) That the site is physically suitable for the type and density of development proposed.

(4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or will not substantially and avoidably injure fish or wildlife or their habitat.

(5) That the design of the subdivision or type of improvements will not cause serious public health problems.

(6) That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The planning director may approve a map if it finds that alternative easements, for access or for use, will be provided, and that these will be substantially equivalent to easements previously acquired by the public.

(7) a.

Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Government Code § 51177, a legislative body of a county shall, except as provided in subdivision (b), make the following findings:

1. A finding supported by substantial evidence in the record that the subdivision is consistent with regulations adopted by the state board of forestry and fire protection pursuant to the Public Resources Code §§ 4290 and 4291 or consistent with local ordinances certified by the state board of forestry and fire protection as meeting or exceeding the state regulations;

2. A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:

(i) A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is mentioned and funded by a county or other public entity.

(ii) The department of forestry and fire protection by contract entered into pursuant to the Public Resources Code §§ 4133, 4142, or 4144.

b. Upon approving a tentative map, or parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, as both are defined in Government Code § 51177, a legislative body of a county shall transmit a copy of the findings required in subdivision (d)(7)a. and accompanying maps to the state board of forestry and fire protection.

c. 1.

Subdivision (d)(7)a. does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are 40 acres or similar in size, those parcels are subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure. All structures shall comply with defensible space requirements described in Government Code § 51182 or the Public Resources Code §§ 4290 and 4291.

2. Any later approval to remove a binding restriction placed as a condition of a tentative map, or parcel map for which a tentative map was not required, that would allow the development of a building or structure for a parcel that has previously been exempted from the requirements of subdivision (d)(7)a. pursuant to paragraph (d)(7)c.1. of this subdivision shall be subject of the requirements of subdivision (d)(7)a.

d. This section does not supersede regulations established by the state board of forestry and fire protection or local ordinances that provide equivalent or more stringent minimum requirements than those contained within this section.

(Code 1968, § 28-43; Ord. No. 1329, § 8, 8-1-00; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

(a) If the land divider or any owner of property within 300 feet of the exterior boundary of the parcel map is dissatisfied with any action of the planning commission with respect to the parcel map or the kinds, nature and extent of the improvements recommended by the planning director he may, within ten calendar days after such action, appeal to the planning commission for a public hearing thereon. He may not file an appeal on an action until the planning director has taken the action. The planning commission shall hear the appeal, upon notice to the land divider or appealing property owner and with public notice in the local newspaper within the time limits prescribed by section 26-57, unless the land divider or property owner consents to a continuance from those time limits. At the time fixed for the hearing, the planning commission shall proceed to hear testimony relative to the kinds, nature and extent of the improvements, the quality or kinds of development to which the area is best adapted, and any other aspect of the parcel map into which it may desire to inquire.

(b) Upon conclusion of the hearing, the planning commission shall declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning director, and may make such findings as are not inconsistent with the provisions of this article.

(c) Notice of such hearing shall be provided pursuant to section 30-67(6).

(Code 1968, § 28-44; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

An approved parcel map shall expire pursuant to the provisions of section 26-58.

(Code 1968, § 28-45; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

Amendments to parcel maps shall be processed pursuant to section 26-59.

(Code 1968, § 28-46; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

(a) Notwithstanding the provisions of subsection (a) of this section, a parcel map shall not be considered finally approved until after the conclusion of any hearing held upon an appeal by the land divider or other appealing property owner on the action of the planning commission with respect to the parcel map.

(b) Any failure on the part of the land divider to comply with the requirements in sections 26-226 and 26-227 within one year from the approval of the parcel map or any extension thereof granted by the planning director shall automatically cancel the approval of the parcel map and terminate all proceedings in connection with the map.

(Code 1968, § 28-47; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

In addition to the amendments authorized by Government Code § 66469 of the Subdivision Map Act, after a final map or parcel map is filed in the office of the county recorder, such a recorded final map may be modified by a certificate of correction or an amending map, if the local agency finds that there are changes in circumstances which may make any or all of the conditions of such a map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map, and the local agency finds that the map as modified conforms to the provisions of Government Code § 66474 of the Subdivision Map Act. Any such modification shall be set for public hearing as provided for in Government Code § 66451.3 of the Subdivision Map Act. The legislative body shall confine the hearing to consideration of and action on the proposed modification.

(Code 1968, § 28-47.1; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-213.

The processing and requirements of vesting parcel maps shall be governed by the regulations stipulated in article II, division 3, of this chapter.

(Code 1968, § 28-53; Ord. No. 1813, Exh. B, 9-24-19)

Editor's note— See editor's note at § 26-225.

Editor's note— Ord. No. 1813, Exh. B, adopted Sept. 24, 2019, repealed §§ 26-225—26-228, which pertained to abandonment, design standards, required improvements, improvement agreement and bond of parcel maps, and derived from the 1968 Code. Subsequently, § 26-229 was renumbered as § 26-224.