Chapter 21.66 — APPLICABILITY AND ADMINISTRATION OF SUBDIVISION REGULATIONS

The provisions of Chapters 21.66 through 21.84 constitute the city of Fountain Valley subdivision ordinance. These provisions are intended to supplement, implement and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code, hereafter referred to as the "Map Act". These chapters are not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and construction of proposed subdivisions. (Ord. 1308 § 5, 2000)

Chapters 21.66 through 21.84 are adopted in compliance with the Map Act as a local ordinance as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in Chapter 21.66 through 21.84 shall, nevertheless, apply to all subdivision maps and proceedings under these chapters. (Ord. 1308 § 5, 2000)

• (a) Subdivision Approval Required. Subdivision of an existing parcel into two or more parcels shall require approval by the city in compliance with the provisions of Chapters 21.66 through 21.84 of this title. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map (for four or fewer parcels) or a final map (for five or more parcels) to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the standards of Chapters 21.66 through 21.84 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.

Table 6-1 (Review Authority) identifies the city official or authority responsible for reviewing and making decisions on each type of application (e.g., tentative map, parcel map or final map) required by this title.

The Map Act determines when the filing and approval of tentative maps, parcel maps and final maps are required, and identifies circumstances when certain subdivisions are exempt from these requirements.

• (b) Conflicts with Map Act. In the event of any conflicts between the provisions of this title and the Map Act, the Map Act shall control.

• (c) Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this title, or as an approval to proceed with any development in violation of other applicable provisions of this code or other applicable ordinances or regulations of the city.

Notes: The subdivision review committee may defer action and refer the item(s) to the commission for the final decision.

(Ord. 1308 § 5, 2000)

The planning director and city engineer are authorized and directed to administer and enforce the provisions of Chapters 21.66 through 21.84 and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by Chapters 21.66 through 21.84 . (Ord. 1308 § 5, 2000)

• (a) Composition of Advisory Agency. An advisory agency as described in the Map Act is hereby established. The advisory agency shall consist of: the subdivision review committee, comprised of the planning director, public works director, building official, city manager and the planning commission.

• (b) Authority and Duties. The advisory agency shall perform the following duties:

  • (1) The subdivision review committee shall approve, conditionally approve or disapprove all lot line adjustments, tentative parcel maps and applications for waiver of parcel map requirements;

  • (2) The planning commission shall approve, conditionally approve or disapprove all tentative tract maps;

  • (3) Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of Orange County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

• (4) Perform additional duties and exercise additional authorities as prescribed by the Subdivision Map Act (Map Act) and Chapters 21.66 through 21.84 of this title.

• (Ord. 1308 § 5, 2000)

• (a) Notification of Director. Any city officer or employee who has knowledge that real property has been divided in violation of the Map Act or Chapters 21.66 through 21.64 of this title, shall immediately notify the director.

• (b) Notice of Violation. Upon the director receiving information from any source that real property has been divided in violation of the Map Act or Chapters 21.66 through 21.64 of this title, the city shall take the actions described in Map Act Section 66499.36.

• (c) Permit Issuance Prohibited. No commission, officer or employee of the city shall issue any permit or certificate or grant any approval necessary to develop any real property within the city if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or Chapters 21.66 through 21.84 of this title.

• (Ord. 1308 § 5, 2000)

Fees to cover the direct costs associated with establishing, adopting and implementing these procedures shall be set by separate council resolution. (Ord. 1308 § 5, 2000)

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2 , Chapter 3 (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of Chapters 21.66 through 21.84 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 Chapters 21.66 through 21.84 of this title and the Map Act, including Map Act Sections 66473, 66473.5 and 66474. (Ord. 1308 § 5, 2000)