Chapter 16.02 — DIVISION OF LAND BY TRACT MAP

The purpose of this chapter is to regulate and control the following:

(A) The subdivision of land by tract map when the land is entirely or partially within the city by supplementing the provisions of the Subdivision Map Act;

(B) The form and content of all tract maps relating to the subdivision of land; and

(C) The procedure to follow in securing city approval of such maps.

(Ord. 2722, passed - -1990)

The requirement for a final tract map and other requirements pertaining thereto in this chapter shall apply to all divisions of land creating five or more parcels, five or more condominiums, as defined in Cal. Civil Code § 783, or a community apartment project containing five or more parcels and for the reversion of subdivided lands to acreage, except as otherwise provided in the Subdivision Map Act.

(Ord. 2722, passed - -1990)

(A) Preparation. A tentative tract map of a subdivision shall be prepared in accordance with state law and the provisions of this chapter.

(B) Conference with Development Services and Public Works Departments’ staffs prior to filing. After noting the requirements of this chapter, it is desirable that the subdivider should confer with the staff of the Development Services and the Public Works Departments before preparing a tentative map.

(C) Filing of tentative map; filing date defined; distribution. Each proposed subdivision shall be submitted in map form, along with a written application, to the Director of Development Services. The application shall be in a form as specified by the Director of Development Services, and the tentative map should be submitted prior to the completion of final surveys, plan preparations, grading or construction work which could be affected by any change in the tentative map. The subdivider or applicant shall ascertain from the Development Services Department the number of copies of the tentative map to submit, and, upon submittal, copies shall be forwarded to applicable city staff members, departments and commissions, to each city, local agency or district entitled by law to review and recommend thereon, and to any other group, body, agency or district deemed necessary by the Director of Development Services. For the purposes of this title and pursuant to the provisions of the Subdivision Map Act, the date of filing of a tentative map for a subdivision of land by either tract map or parcel map shall be the date upon which the Director of Development Services, after having received the application and tentative map from the applicant, files an environmental impact report or statement, a negative declaration or makes the determination that such report, statement or declaration is not required for the subdivision of land submitted.

(D) Size of map. The size of such tentative map or maps shall be any dimension sufficient to clearly show the entire subdivision on one sheet, at a scale of not less than 100 feet to the inch.

• (E) Information on map. Each map shall contain the following information:

• (1) Tract number assigned by the County Surveyor;

(2) Name and address of the owner or owners whose property is proposed to be subdivided and the name and address of the registered civil engineer, licensed surveyor, architect or other person who prepared the map;

• (3) North point, scale and date of preparation of the tentative map;

• (4) Boundary lines;

• (5) The location, width, approximate grade, center line radii and proposed names of all streets within the

boundaries of the proposed subdivision and the location and width of proposed alleys and/or public service easements;

• (6) Name, location and width of adjacent streets;

• (7) Lot number, lot lines and approximate dimension of each lot and drainage direction of each lot;

• (8) Approximate location and width of watercourses or areas subject to inundation from floods, and the location of structures, irrigation ditches, railroads and other permanent physical features;

• (9) Description of the exterior boundaries of the subdivision or legal description of the property comprising the subdivisions;

• (10) Width and location of all existing or proposed public or private easements;

• (11) Classification of lots as to intended residential, commercial, industrial or other uses;

• (12) Proposed location, direction of flow and disposal point for storm drain and appurtenant structures;

• (13) Proposed location, size, direction of flow and disposal point for sanitary sewer facilities; and

• (14) Contours, street profile and cross- sections, together with the location of all cut and fill slopes or a separate tentative grading plan, if necessary in the opinion of the City Engineer.

• (F) Supplemental information. The tentative map shall show thereon or be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:

• (1) Source of water supply;

• (2) Type of street improvement and utilities which the subdivider proposes to install; and

• (3) Protective covenants to be recorded.

• (G) Report by Public Works and Development Services Departments. Prior to the consideration of a tentative

subdivision map by the Planning Commission, the City Engineer and the Director of Development Services shall make a report to the Planning Commission containing their recom- mendations or comments concerning the tentative map and its bearing on the community. Such reports shall be in writing, and a copy shall be served on the subdivider at least three days prior to any action on the map by the Planning Commission. Any subsequent reports prepared by the City Engineer or the Director of Development Services for consideration by the Planning Commission shall likewise be in writing, and shall be similarly served upon the subdivider at least three days prior to action on the tentative tract map. The Planning Commission (and City Council if appealed) consideration of the map shall be a public hearing, noticed as provided in § 15.76.060.

(H) Action by Planning Commission. At the first regular meeting of the Planning Commission held after receipt of the written report and recommendations, the tentative tract map, together with the report, shall be presented to the Planning Commission which shall thereupon approve, conditionally approve or disapprove the tentative tract map. Such action shall be in the form of a written resolution, which shall specify the facts and reasons for the decision made with a finding as to whether or not the subdivision, along with its improvement and design, conforms to the city’s General Plan. The Clerk of the Planning Commission shall thereafter report the Commission’s action in writing to the applicant within ten days of the action. Such action by the Planning Commission shall become final in the absence of any appeal.

acts and reasons for the decision made with a finding as to whether or not the subdivision, along with its improvement and design, conforms to the city’s General Plan. The Clerk of the Planning Commission shall thereafter report the Commission’s action in writing to the applicant within ten days of the action. Such action by the Planning Commission shall become final in the absence of any appeal.

(I) Appeals from action by Planning Commission. If any interested party or the applicant who filed the tentative tract map is dissatisfied with a requirement, ruling, finding, approval or disapproval by the Planning Commission with respect to the map or the kinds, nature and extent of the improvements and conditions imposed, he or she shall, within ten days after such action, appeal in writing to the City Council for relief. The written appeal shall be filed with the City Clerk, and shall set forth the grounds and reasons for such an appeal. The City Council may sustain, modify or overrule any such requirements, ruling, finding or disapproval of the Planning Commission, and may modify the

kinds, nature and extent of any improvements required. The City Council shall consider such appeal within 30 days of its filing with the City Clerk. Notification by mail of the time and place at which the appeal will be considered by Council shall be sent to the applicant or owner not less than ten days prior to the meeting at which the appeal will be considered. The decision of the City Council shall be final and, upon making its decision, the City Clerk shall make a written report of the outcome directly to the applicant or owner and to the various city departments. (Ord. 2722, passed - -1990)

Final tract maps of the subdivision whose tentative maps have been approved or conditionally approved shall be submitted, reviewed and processed in conformance with this section.

(A) Time limit for filing. Within a period of 24 months after the date upon which the Planning Commission or the City Council granted its approval or conditional approval of a tentative subdivision tract map, the subdivider may cause the subdivision, or any portion thereof, to be surveyed and a final map to be prepared, filed with the city and recorded, as provided in this chapter, in accordance with the tentative map as approved.

(B) Limitations and conditions of approval.

(1) Limitation of approval. The approval or conditional approval of a tentative tract map shall be valid for a period of 24 months after the date upon which the Planning Commission or the City Council, whichever is applicable, granted approval or conditional approval of the subdivision. Upon written application, filed with the Director of Development Services within the 24-month period following approval or conditional approval of the subdivision, extension beyond the 24-month period may be granted by the Planning Commission. The sum of all such extensions granted shall not exceed a total of 24 months. If the request for extension is denied, then the applicant or owner may appeal to the City Council.

(2) Conditions of approval. At the time any tentative tract map is extended, the Planning Commission or the City Council on appeal, whichever is applicable, may add any new conditions as they see fit as a condition of the extension of the tentative approval period. The Clerk of the Planning Commission and the Clerk of the City Council shall notify, in writing, the applicant or subdivider of the respective actions of the Planning Commission or City Council within ten days of the decision made. If no final map for all or any of the land shown on the approved tentative tract map is recorded within the initial 24-month approval period or within any subsequent extensions as provided in this section, then all proceedings shall terminate, and no final tract map shall be filed or recorded without first processing a new tentative tract map.

or City Council within ten days of the decision made. If no final map for all or any of the land shown on the approved tentative tract map is recorded within the initial 24-month approval period or within any subsequent extensions as provided in this section, then all proceedings shall terminate, and no final tract map shall be filed or recorded without first processing a new tentative tract map.

(C) Filing of final map. For the purposes of filing a final tract map, the subdivider shall submit to the City Engineer an original final map tracing, and three blue-line prints thereof. One print shall be returned to the subdivider, showing any corrections to be made or with a statement by the City Engineer that the map is correct. The remaining copies shall be used for other departmental purposes. When the final map is found to be correct and the subdivider has posted all agreements and improvement securities as elsewhere provided in this title or as required by state law and city codes and when the balance of fees, as described in Title 21 of this code, have been paid and all other conditions precedent to the approval of the tentative map have been met, the final map tracing shall be certified by the City Engineer in a statement declaring its correctness, its substantial conformance to the approved tentative map, and the fact that all requirements imposed by the Subdivision Map Act and city codes in effect at the time of approval of the tentative map have been complied with. After signature by the City Engineer the final map shall be put before the City Council for final approval. The City Council, within a period of ten days after the City Engineer has filed the map with them for approval or at the next regular meeting held after its receipt, whichever is later, shall consider the final map. The Council shall approve the final map if it finds that it substantially conforms to the tentative map and to all the applicable sections of the Subdivision Map Act, and local codes and ordinances in effect at the time the tentative map

was approved or conditionally approved. If it does not so conform, the Council shall disapprove the final map. If the City Council does not approve or disapprove the final map within the prescribed time, or any authorized extension thereof, and the map conforms to the requirements, it shall be deemed approved, and the City Clerk shall certify its approval thereon. If the final tract map is found not to conform to the aforesaid requirements and its failure to conform is the result of a technical or inadvertent error, the City Council may find that the error does not materially affect the validity of the map, and thereupon approve the final map.

conforms to the requirements, it shall be deemed approved, and the City Clerk shall certify its approval thereon. If the final tract map is found not to conform to the aforesaid requirements and its failure to conform is the result of a technical or inadvertent error, the City Council may find that the error does not materially affect the validity of the map, and thereupon approve the final map.

(D) Acceptance of dedications. At the time of final map approval, the City Council shall accept all dedications, accept them subject to their improvement or reject them, or any combination thereof. The City Clerk shall certify on the map the action of the Council. The Council, at the time of final map approval, shall also approve the execution of any required performance agreements entered into by the subdivider as a guarantee of the completion of any public improvements required as a condition precedent to the approval of the tentative map. Upon completion of the required certificates by the City Clerk, the final map shall be returned to the subdivider’s title company for transmittal to the County Recorder. After recordation, the subdivider shall provide the Public Works Department with one print thereof, on Mylar or other material as approved by the City Engineer, and one reproducible copy which shall both be permanently filed in the office of the City Engineer. (Ord. 2722, passed - -1990)

The final map shall contain the following.

(A) Title sheet. The title sheet of the final map shall contain the number of the tract, the description of the land being subdivided together with the words, “In the City of Fullerton,” or “Partly Within the City of Fullerton and Partly Within (unincorporated territory of Orange County or other City).” Below the title shall be a subtitle consisting of a general description of the property being subdivided or reverted to acreage. The title sheet shall contain appropriate certificates and acknowledgments for execution by the owners of the record of the property, the City Engineer, the City Clerk, the County Surveyor and such others as required by state, county or city codes. Where streets, highways, easements and other interest in property are being dedicated to the city or being offered for a dedication, appropriate certificates shall clearly indicate same. A separate note explaining and describing the basis of bearings upon which the survey of the tract was made shall be shown on the title sheet, along with a legend showing the type and character of all monuments found, set or to be set, which affect the survey of the subdivision. The title sheet shall show the name and state the registration number of the civil engineer or land surveyor responsible for the survey and preparation of the map. A certificate, signed by the responsible engineer or surveyor, shall also be shown on the title sheet which shall indicate if the monuments shown have been set or when such monuments will be set.

• (B) Title sheet and/or map sheets. The following shall be included:

(1) If more than three sheets are used, an index showing the entire subdivision, with lots, streets and the like shall be included on the title sheet, if there is room, or on the second sheet;

• (2) The number of the tract and a statement as to whether it is the first, successive or final increment of an approved tentative tract of a different number;

• (3) Surveyor’s/engineer’s name and registration number;

• (4) Total acreage being subdivided;

• (5) The number of lots in the subdivision;

• (6) Date of survey;

• (7) Date of preparation, north point and scale;

• (8) A description of the land being subdivided;

• (9) Location and names, without abbreviations, of all:

• (a) Proposed streets, highways, alleys and public service easements;

• (b) Proposed public areas and all other easements; and

• (c) Adjoining and nearby streets, alleys and easements.

(10) A legend showing the type and character of all monuments found, set or to be set, which affect the survey of the subdivision shown on each map sheet or on one map sheet with reference thereto on all map sheets;

(11) Basis of bearings note on each map sheet or on one map sheet with reference thereto on all other map sheets;

(12) Dimensions shall be in feet and decimals of a foot, to the closest hundredth;

(13) The dimensions of all lots;

• (14) Each lot shall be numbered; each block, may be lettered or numbered. Each lot shall be shown entirely on one sheet;

(15) Centerline data on streets, easements, alleys and the like, including bearing distances and curve data;

(16) The exterior boundary of the land included in the subdivision shall be indicated by distinctive symbols, and clearly so designated; and

(17) Ditto marks shall not be used on the final map. All figures, numbers and writing thereon shall be of such size and clarity so that copies made from the original will be legible.

(C) Record of easements. The final map shall show the centerline data, width, sidelines and curve data for all easements to which the lots in the subdivision are subject. All easements, both existing and of record, and those to be dedicated or to be offered for dedication, shall be clearly shown and identified with respect to their present or intended use and, if of record, proper reference to the record date given. Private easements may, but need not be, shown on the final map, so long as their presence does not confuse or detract from the purpose of the final map.

(D) Required survey data. The final map shall show the centerlines and sidelines for all streets, highways and alleys, with their lengths and bearings; length, radii, tangent lengths and central angles, with radial bearings for all curves and segments; the total width of each street and easement, with the width of any portion being dedicated and that of any existing portion in relation to centerline; and the widths of rights-of-way for railroads, freeways, flood control channels and all other easements. Surveys made for the preparation of maps for land divisions shall be made in accordance with the Land Surveyors’ Act, Cal. Business and Professions Code Division 3, Chapter 15 (commencing with § 8700), and the standard practices and principles of land surveying, under the supervision of a civil engineer or land surveyor licensed in the state. A traverse of the boundaries of the tract, or the lots or blocks therein, or along the centerlines or sidelines of the streets and easements shown, shall close within the tolerances and to the degree of accuracy as required by the City Engineer.

h § 8700), and the standard practices and principles of land surveying, under the supervision of a civil engineer or land surveyor licensed in the state. A traverse of the boundaries of the tract, or the lots or blocks therein, or along the centerlines or sidelines of the streets and easements shown, shall close within the tolerances and to the degree of accuracy as required by the City Engineer.

(1) New monuments. Sufficient permanent monuments shall be set so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at the corners and angle points of the exterior boundary of the subdivision, at beginnings and endings of curves, at centerline intersections of streets, alleys and public service easements and at other points of control as required by the City Engineer. Stakes shall be at all lot corners but shall not be considered permanent. The character, type and positions of all monuments to be set shall be noted on the map and shall conform to the requirements of the City Engineer. All monuments set shall be tagged with the engineer’s or surveyor’s state license number and designation. Interior monuments and points need not be set at the time the final map is recorded if the engineer or surveyor certifies on the title sheet of the final map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the City Council a cash bond and posts a suitable agreement guaranteeing the setting of the monuments and payment for the cost thereof.

(2) Existing monuments and survey information. The final map shall clearly show all stakes, monuments, ties or other evidence found while making the survey to determine the tract boundaries. The corners of adjoining lots, subdivisions and parcels shall be shown and identified, with ties thereto. Reference shall also be made to all subdivisions, records of surveys, parcel maps and other maps and data of record upon, adjoining or near the property

being divided, combined or reverted to acreage. Other survey data and calculations, if required by the City Engineer shall be shown on the final map in accordance with his or her standards and policies.

(3) Established lines and points. Whenever the City Engineer or County Surveyor has established the centerlines of streets, alleys or easements or has located specific points or monuments, such data shall be considered in making the survey and all monuments and points found and used shall be indicated on the map with proper references made to field books, surveys, tie books or other maps or information of public record. If the points were reset by ties or if record points were not found, that fact shall be clearly noted and a note made of any new point set in its place. The final map shall also show and tie in the locations of any city boundaries crossing or adjoining the subdivision.

ndicated on the map with proper references made to field books, surveys, tie books or other maps or information of public record. If the points were reset by ties or if record points were not found, that fact shall be clearly noted and a note made of any new point set in its place. The final map shall also show and tie in the locations of any city boundaries crossing or adjoining the subdivision.

(4) Survey data for lots. Dimensions of lots shall be the net dimensions. Each lot shall be shown fully on a sheet. All lots containing three-quarters of an acre or more shall show net acreage, and when required by the City Engineer, the gross acreage. Whenever acreages are shown for lots, blocks or for the total tract area, they shall be shown to the nearest thousandth of an acre, and when required by the City Engineer, in square feet, to the nearest hundredth of a square foot.

(Ord. 2722, passed - -1990)

The size, dimensions and configuration of lots or parcels created by any division of land shall conform to this section.

(A) Lot numbers. The lots or parcels shall be numbered consecutively commencing with the number one, with no omissions or duplications. Block numbers or letters may be used, but not preferred.

(B) Lot area. The minimum net lot area shall be that prescribed for the zone in which the property is located. In a division by parcel map or tract map, if the average lot area, as calculated in this division (B), is not less than the minimum lot area prescribed for the zone, then the minimum lot area requirement shall be deemed to have been met. Calculation of average lot area shall be in the following manner.

(1) No lot having an area of less than 8% of the minimum lot area for the zone in which the property is located shall be created.

(2) No lot having an area equal to or greater than 200% of the minimum lot area permissible in the zone shall be included in either the total area calculation or the total lot number calculation when determining average lot areas.

(3) The procedure for calculation of average lot size is:

(a) Sum the area of all lots in the tract or parcel map, taking into account the exclusions listed in this division

(B)(3) and also excluding from the sum all lot area in excess of 120% of the minimum lot area of the zone;

(b) Total all of the lots involved, taking into account the exclusions listed in this division (B)(3); and

(c) Divide the sum of the areas by the total number of eligible lots. The quotient of this division is the average lot area and shall not be less than the minimum lot area for the zone in which the property is located. Where only a portion of the area covered by an approved tentative map is to be recorded, the average lot area of the lots shown on that increment shall not be less than the minimum lot area of the zone. When land is divided by a zoning line, then the calculations shall be made separately, using the minimum lot size for each appropriate portion of the land being divided.

(C) Public street frontage. All lots created by the division of land, whether by tract or parcel map, shall have frontage on a dedicated public street, unless it is determined by the Director of Public Works that said access is not feasible, or cannot be reasonably provided. The owner/developer may obtain a review and determination from the Director of Public Works by submitting a written request that clearly establishes the site restrictions that necessitate this action. The Director’s review and decision is final and may not be appealed.

(1) If approved, an irrevocable mutual access agreement shall be recorded by separate instrument, and filed concurrently with the map. Said easement shall be referenced and delineated on the final map.

(2) In the case of condominiums, or planned residential developments with lot areas owned in common, the street frontage requirement for individual lots may be satisfied by the individual lot’s ownership in common lot, if the common lot has frontage on the public street.

• (D) Lot width.

(1) The width of lots shall conform to standards of development as defined by the city zoning ordinance or other ordinances or official plans adopted pursuant to law and the following criteria.

(a) The minimum width of interior lots shall be not less than 60 feet, measured on a line parallel with and 25 feet from the street right-of-way line. For a curved or other irregular street right-of-way line, this minimum width shall be measured parallel with, and 25 feet from a straight line drawn between front lot corners.

(b) The lot width shall be not less than 45 feet measured along the line closest and parallel to street right-of-way line. If the Director of Public Works grants a waiver as provided in division (C) above, the minimum lot width along the closest first line parallel to the street right-of-way line shall be 45 feet.

(c) Corner lots shall have a minimum width of 65 feet measured the same as interior lots.

(d) For a subdivision of land which is zoned with a minimum lot size less than 7,200 square feet, the minimum widths and dimensions specified herein in divisions (D)(1), (D)(3) and (D)(5) of this section may be reduced from 60 feet down to 45 feet, and from 65 feet down to 50 feet, respectively.

(e) The minimum widths of odd- shaped lots which result from extreme topography, difficult terrain, street alignments or widths, previous irregular boundaries, or prior divisions or other unavoidable circumstances shall be subject to individual determination and may be approved; provided however, that the width along the closest first line parallel to the street right-of-way line frontage of any such lot created should not be less than 20 feet, and the lot width measured along the building line should not be less than 60 feet. If the Director of Public Works grants a waiver as provided in division (C) above, the minimum lot width along the closest first line parallel to the street right-of-way line shall be 20 feet and the lot width measured along the building line should not be less than 60 feet.

(2) The above provisions governing minimum lot widths shall not apply to residential or common lots within a Planned Residential (PRD) Zone. Lot sizes and widths therein shall conform to the standards as set forth in Title 15 of this code, or the approved concept plan or site plan for the particular development, whichever applies.

(3) Small odd-shaped lots or parcels resulting from the separation of land by streets or easements, or lots burdened by easements, utilities or other facilities to a degree which minimizes their value or use for other purposes, or parcels subject to flooding, or portions of railroad rights-of-way, or other lots or parcels which because of their size, shape, topography, use or location are unable to be built upon or developed, shall, upon the determination of the City Engineer, be exempted from the above requirements as to lot widths and areas.

(E) City boundary. No lots shall be divided by the boundary line of the city.

(F) Side lines. The side lines of lots shall be approximately at right angles to the street lines on straight streets and shall be approximately radial on curved streets.

(Ord. 2722, passed - -1990; Ord. 2888, passed - -1996)