Chapter 1 — IN GENERAL

This division is adopted to supplement and implement the provisions of the Subdivision Map Act (Government Code § 66410 et seq.), and any successor statutes, and may be cited as the "Subdivision Ordinance of the City of Irvine." The regulations contained hereinafter in this division shall apply to all subdivisions hereafter made, entirely or partially within the incorporated territory of the City of Irvine.

(Ord. No. 09-03, § 5, 4-28-09)

The Director of Community Development or designee shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this division. Such rules, procedures and interpretations shall be referred to as the "City of Irvine Subdivision Manual" or the "Subdivision Manual." The Subdivision Manual shall be initially adopted by resolution of the City Council. The Director of Community Development or designee is hereby authorized to incorporate further amendments into the Subdivision Manual; provided such amendments are consistent with the Subdivision Map Act (Government

Code § 66410 et seq.) and this division; and further provided that the Subdivision Map Act (Government Code § 66410 et seq.) does not require that such amendments be adopted by formal action of the City Council. Copies of the current Subdivision Manual shall be on file in the Office of the City Clerk and be made available to the public at a cost sufficient to pay for printing.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-103. - Review and approval authority.

A.

Advisory agencies. The following individuals, committees, and commissions are hereby authorized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared, filed and considered by them according to the provisions of this division and the Subdivision Map Act (Government Code § 66410 et seq.); to prescribe the kinds, nature and extent of improvements required to be installed in subdivisions; and to report directly to the subdivider or owner the action taken on the tentative map subject to the right of appeal to the City Council as set forth in Section 5-5-110 of this division:

1.

City Engineer. The City Engineer is hereby designated as an advisory agency, as that term is used in the Subdivision Map Act (Government Code § 66410 et seq.), when he or she is acting in a final decisionmaking capacity. The City Engineer is charged with the duties set forth in Subparagraph B of this section.

2.

Subdivision Committee. The Subdivision Committee is hereby designated as an advisory agency, as that term is used in the Subdivision Map Act (Government Code § 66410 et seq.), when it is acting in a final decision-making capacity. The Subdivision Committee is charged with the duties set forth in subparagraph B of this section.

3.

Planning Commission. The Planning Commission is hereby designated as an advisory agency, as that term is used in the Subdivision Map Act (Government Code § 66410 et seq.), when it is acting in a final decisionmaking capacity. The Planning Commission is charged with the duties set forth in subparagraph B of this section.

The City Engineer, Subdivision Committee, and Planning Commission are not designated as "advisory agencies," as that term is used in the Subdivision Map Act (Government Code § 66410 et seq.), when they are merely making recommendations.

B.

Local agency review and approval functions.

1.

City Engineer.

a.

Review and approve, conditionally approve, or disapprove lot line adjustments.

b.

Review and approve or disapprove final parcel and tract maps.

c.

Review and approve or disapprove certificates of compliance.

d.

Review and approve, conditionally approve, or disapprove mergers.

e.

Accept dedications and conveyances of real property and interests in real property offered at no cost to the City.

f.

Approve improvement agreements.

2.

Subdivision Committee.

a.

Review and approve, conditionally approve, or disapprove tentative parcel maps and conditional certificates of compliance.

b.

Review and make recommendations to the Planning Commission regarding applications for tentative tract maps.

c.

Review and make recommendations to the City Council regarding petitions for reversions to acreage involving parcel maps.

3.

Planning Commission.

a.

Review and approve, conditionally approve, or disapprove tentative tract maps.

b.

Review and make recommendations to the City Council regarding petitions for reversions to acreage involving tentative tract maps.

4.

City Council.

a.

Review and approve, conditionally approve, or disapprove petitions for reversion to acreage.

b.

Review and uphold or deny appeals from decisions of the City Engineer, Subdivision Committee and Planning Commission.

c.

The City Council shall periodically review the delegation of authority to the various advisory agencies.

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 18-06, Exh. A, 4-24-18)

Sec. 5-5-104. - Establishment of Subdivision Committee.

A.

Membership. There is hereby established a Subdivision Committee consisting of one representative from each of the following City divisions:

1.

Development Engineering.

2.

Planning Services.

3.

Transportation and Traffic.

4.

Building and Safety.

5.

Park Planning.

B.

General. The operation and procedures of the Subdivision Committee shall be governed by the resolution of the Subdivision Committee and the provisions of Division 4 of Title 1 of this Code pertaining to commissions and committees.

C.

Notification to Subdivision Committee. All material relating to matters to come before the Subdivision Committee shall be forwarded to each Committee member prior to the Subdivision Committee meeting. An agenda shall accompany such material indicating the date, time and place for the Subdivision Committee's meeting.

D.

Meetings open to the public. Subdivision Committee meetings shall be open to the public; and any officer, person, subdivider, owner or other interested person may attend any such meetings and present any appropriate matters to the Committee.

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 24-20, § 2(Exh. A), 11-26-24)

Cross reference— Commissions and committees, tit. 1, div. 4.

Sec. 5-5-105. - Processing and filing costs.

At the time an application for a tentative map is filed, funds sufficient to cover costs incurred by the City in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and this division shall be paid to the City of Irvine in compliance with the fees and deposits resolution adopted by the City Council, which may be amended from time-to-time.

(Ord. No. 09-03, § 5, 4-28-09)

Whenever special circumstances applicable to the land involved in the proposed subdivision make it impractical in the particular case to conform to the strict application of the requirements of this division, the subdivider may request a modification of the provisions of this division. The advisory agency, in its sole discretion, may make such modifications with respect to the application of this division as it determines are reasonably necessary or expedient to accommodate the special circumstances. For the purposes of this section, "special circumstances" means any of the following:

(1)

The land involved is of unusual size or shape; or

(2)

The land involved is subject to recorded title limitations that affect or limit its development; or

(3)

The topographical location or condition of land involved affect its development; or

(4)

The use to which the land involved will be devoted requires the modification(s).

In order to grant a modification, the advisory agency must make the additional findings set forth in Section 5-5-109.1A(11) of this chapter.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-108. - Standards.

All improvements to be installed or agreed to be installed in a subdivision shall conform to the "City of Irvine Street Design Manual and Standard Plans," which is hereby adopted by reference by the City Council. The Director of Public Works or designee is hereby authorized to amend the City of Irvine Street

Design Manual and Standard Plans provided such amendments are consistent with this division and further provided that the Subdivision Map Act (Government Code § 66410 et seq.) does not require that such amendments be adopted by ordinance of the City Council. A copy of the City of Irvine Street Design Manual and Standard Plans is on file in the Office of the City Clerk.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-109. - Notice of public hearing; notice of public meeting.

A.

Whenever a public hearing is held pursuant to this division, notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least 10 days before the hearing in accordance with the provisions of Government Code §§ 65090 and 65091, or any successor statutes, in the following manner:

(i)

Notice shall be published once in an adjudicated newspaper of general circulation; and

(ii)

Notice shall be mailed to all homeowners associations, property owners and apartment and commercial tenants within 500 feet of the boundary lines of the proposed subdivision and to any other persons required by law. For the purposes of this section, the 500-foot measurement shall be measured from the exterior property lines of the proposed subdivision. Apartment tenants shall receive notice anytime they reside within 500 feet of the proposed subdivision. Noticing of commercial tenants shall occur in only two instances: (1) a residential development is proposed within 1,000 feet of where businesses use, store, transport, and/or manufacture hazardous chemicals and/or waste; or (2) a heavy manufacturing use where the subject of the application is, or relates to, the use, storage, transportation, and/or manufacturing of hazardous chemicals and/or waste; and

(iii)

Notice shall be posted in at least three public places within the City as designated by the City Council and the project site.

Notwithstanding the foregoing, it should be noted that the Subdivision Map Act (Government Code § 66410 et seq.) may require additional notice for certain applications. Pursuant to the requirements set forth in Government Code §§ 66451.2 and 66451.3, and any successor statutes thereto, the subdivider shall be responsible for reimbursing the City for expenses incurred under this provision.

B.

Whenever a public meeting is held pursuant to this division, notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least 10 days before the hearing in accordance with the provisions of Government Code §§ 65090 and 65091, or any successor statutes, in the following manner:

(i)

Notice shall be published once in an adjudicated newspaper of general circulation; and

(ii)

Notice shall be posted in at least three public places within the City as designated by the City Council and the project site.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-109.1. - Findings.

A.

In order for the designated advisory agency to approve or conditionally approve a tentative parcel map, tentative tract map, or vesting tentative map, it shall make all of the following findings:

(1)

The proposed map is consistent with the general plan, applicable specific plans, and the Zoning Ordinance; and

(2)

The design or improvement of the proposed subdivision is consistent with the general plan, applicable specific plans, and the Zoning Ordinance; and

(3)

The site is physically suitable for the type of development proposed; and

(4)

The site is physically suitable for the proposed density of development; and

(5)

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat; and

(6)

The design of the subdivision or type of improvements is not likely to cause serious public health problems; and

(7)

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. In this connection, the advisory body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction; and

(8)

Any discharge of waste from the proposed subdivision into an existing sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, Santa Ana Region, pursuant to Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.);

(9)

The requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) have been satisfied; and

(10)

For subdivisions of 500 or more units, sufficient water supply will be available to serve the proposed subdivision; and

(11)

For any subdivision for which a modification is granted pursuant to Section 5-5-107 of this chapter, all of the following additional findings:

a.

Due to special circumstances applicable to the proposed subdivision, including the size, shape, topography, use to which the subdivision is to be devoted, or surrounding land uses, strict application of the requirements of this division would impose a hardship on the subdivider and deprive him/her of the rights enjoyed by others in the vicinity.

b.

Granting the modification sought by the subdivider will not result in undue detriment to surrounding property or residents.

c.

Granting the modification sought by the subdivider will not constitute the grant of a special privilege.

B.

Additional finding for vesting tentative maps. In addition to the findings set forth in Subsection A of this section, a vesting tentative map shall be approved or conditionally approved only if the advisory agency can make the following additional finding:

(1)

The proposed vesting tentative map is consistent with all applicable plans, ordinances, and policies in effect at the time the map is approved or conditionally approved, or the subdivider is concurrently processing an application to eliminate the inconsistency.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-110. - Appeal procedure.

The subdivider, a member of the City Council, or any interested person adversely affected by any decision of the City Engineer or Subdivision Committee may appeal said decision to the Planning Commission, which shall serve as the City's appeal board as that term is used in the Subdivision Map Act (CA Govt. Code § 66410). The subdivider or any interested person adversely affected by any decision of the Planning Commission regarding a subdivision may appeal said decision to the City Council. A recommendation of the City Engineer, Subdivision Committee, or Planning Commission is not appealable. The appeal shall be filed in writing with the City Clerk within fifteen days after the decision. The appeal shall specify the decision appealed from, specific action or relief sought by appellant in appeal, and reason why the action should be reversed or modified. Appeals shall be accompanied by deposit or fee with exception of appeal filed by project applicant, as there would be an existing open deposit associated with the underlying application. The City Council shall hold a hearing on the appeal within 30 days after the date of filing the appeal. If there is no regular meeting of the City Council within the next 30 days for which the requisite notice can be given, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The hearing on the appeal shall be noticed in accordance with the provisions of Section 5-5109 and all applicable provisions of Government Code § 66452.5 or any successor statute.

Any member of the Planning Commission or City Council may request that a decision of the City Engineer or the Subdivision Committee be called up for review by the Planning Commission. Any member of the City Council may request that a decision of the Planning Commission be called up for review by the City Council. Decisions called up for review are subject to the time frames specified for appeals in this section. Requests for call-up review by City Council or Planning Commission shall not be subject to payment of deposit or fee.

Timely filing of a written appeal or a request for call-up review shall automatically stay all actions, and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action that is the subject of the appeal or call-up review, until the appeal or call-up review process has terminated or been completed. An appealed action or an action for which a call-up review request has been made shall not be effective unless and until the date that action on the appeal or call-up review is taken by the Planning Commission or the City Council, as provided above.

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 23-13, § 3(Exh. A), 7-11-23)

Sec. 5-5-111. - Terms defined.

The definitions in the Subdivision Map Act (Government Code § 66410 et seq.) shall govern the meaning of words in this division unless, from the context in which the word is used, a different meaning is clearly intended.

Advisory agency: Any official or official body designated by the City Council to discharge the decisionmaking duties set forth in Government Code § 66415. Officials or official bodies are not designated as "advisory agencies" when they are merely making recommendations.

A maps or master maps: The initial map in a multiple tentative map series covering the same parcel or parcels of land, or a subset of said parcel or parcels of land (i.e., A Map and B Map) as more fully discussed in Section 5-5-406 of this division.

Amending map: Map filed in accordance with Section 5-5-905 of this division to correct or amend a recorded final map.

B maps: Subsequent tentative maps in a multiple tentative map series as discussed more fully in Section 5- 5-406 of this division relating to same parcel or parcels of land (or a subset of said parcel or parcels of land) covered by an A map.

City Engineer: The City Engineer or his or her representative.

City Surveyor: The City Engineer or his or her representative.

Clerk of the advisory agency: The Director of Community Development or designee.

Commission: The City Planning Commission.

Committee: The City Subdivision Committee.

Condominium: An estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Final map: A final tract or parcel map conforming to the requirements of Chapter 7 of this division and the applicable provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

Finance and conveyance map: A map used to parcelize undivided land, parcel maps, or tract maps for nonbuild reasons as more fully described in the Subdivision Manual.

Lot line adjustment: Any adjustment between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created in accordance with the provisions of Chapter 14 of this Division.

Park/Public Facility Standards Manual: City of Irvine Park/Public Facility Standards Manual.

Subdivision Manual: City of Irvine Subdivision Manual.

Subdivision Map Act: The Subdivision Map Act of the State of California (Government Code §§ 66410 to 66499.58, or any successor statutes thereto).

Tentative map: Tentative tract maps or tentative parcel maps conforming to the requirements of Section 5- 5-401 of this division and the applicable provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

Vesting tentative map: A tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Tract Map" or "Vesting Tentative Parcel Map" at the time it is filed and shall conform to the requirements of Chapter 6 of this division and the applicable provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

(Ord. No. 09-03, § 5, 4-28-09; Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 23-13, § 3(Exh. A), 7-11-23) Sec. 5-5-112. - Concurrent processing.

Applications for tentative and final maps may be processed concurrently with other development applications necessary to implement a particular development or project. If an applicant wishes to take advantage of concurrent processing, the applicant will be required to sign a waiver acknowledging and accepting all risks associated with such concurrent processing. This waiver shall acknowledge that should changes be required to approve the tentative or final map, and these changes require corresponding revisions to the development applications being concurrently processed, the subdivider is responsible for any additional charges and costs incurred to make such revisions. In addition, the waiver shall acknowledge that the charges accrued for the review of the original development applications prior to such revisions to the tentative or final map will not be refunded. Finally, the waiver shall acknowledge that the subdivider may be required to file revised applications to conform to the approved tentative or final map.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-113. - Environmental review.

No tentative parcel or tract map filed pursuant to the provisions of this division shall be approved until an environmental review is prepared, processed, and considered in accordance with the City's local guidelines for implementation of the California Environmental Quality Act (Public Resources Code § 21000 et seq.). The subdivider shall provide such additional data and information necessary and shall pay such fees as may be required for the preparation and processing of the appropriate environmental review documents.

(Ord. No. 09-03, § 5, 4-28-09)

As a condition of approval for any tentative or final map, the subdivider will be required to defend, indemnify, and hold harmless, the City and its agents, officers, and employees from any claim, action, or proceeding brought against the City or its agents, officers and employees to attack, set aside, void, or annul, an approval by an advisory agency or the City Council of a subdivision pursuant to the provisions of this division and the Subdivision Map Act (Government Code § 66410 et seq.). Such indemnification shall comport with the requirements of Government Code § 66474.9 or any successor statute and the City's standard conditions.

(Ord. No. 09-03, § 5, 4-28-09)