§ 16.04

This title shall be known as, and may be cited as, the subdivision ordinance of the city of Lancaster.

(Ord. 661 § 1 (100.010), 1994)

This title is adopted to regulate the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning design, improvement and survey of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the official approval of the city regarding such maps. No land shall be subdivided and developed in a manner which is inconsistent with the general plan, any specific plan, any other ordinance or this title. The regulations set forth are determined to be necessary in order to achieve the following purposes:

A.

To implement the general plan of the city, hereinafter referred to as the general plan, which has been adopted by the city council as the long-range, comprehensive guide to the physical and environmental development of the city;

B.

To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

C.

To ensure that streets are designed in accordance with the provisions of the city general plan and the adopted master plan of complete streets.

D.

To preserve the natural assets of the city and to create new beauty through superior subdivision design, to provide a means for encouraging orderly development of hillside areas of the city by relating the number and distribution of dwelling units to the topographical, geological, and hydrological conditions so that the terrain will suffer minimum disfigurement by scarring and that any danger to life and property will be minimized;

E.

To provide for water supply and distribution, sewage disposal, storm drainage, and other utilities, whether publicly or privately owned, in the manner necessary to protect the public health, safety, and welfare, and convenience;

F.

To ensure that the cost of providing rights-of-way and improvements for vehicular and pedestrian movement, utilities, and public areas needed to serve new developments are borne by the subdivider rather than by the property owners in the city at large;

G.

To promote the public health, safety and general welfare.

(Ord. 661 § 1 (100.020), 1994; Ord. No. 1036, § 1, 10-24-2017)

The ordinance codified in this title is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code of the state of California.

(Ord. 661 § 1 (100.030), 1994)

If any provision of this title or the application thereof to any person or circumstances is held or declared to be invalid by competent authority, only those portions so held or declared are suspended, and the remainder of this title and the application of such provision or provisions to other persons or circumstances shall not be affected thereby.

(Ord. 661 § 1 (100.040), 1994)

Violation of this title which is not also prohibited by the Subdivision Map Act or by any other state statute shall be a misdemeanor, punishable by a fine, or by both fine and imprisonment, as specified by Sections 1.08.010, 1.08.020, 1.12.010 and 1.12.020 of this code.

(Ord. 661 § 1 (100.050), 1994)

The definitions established in this section shall supplement the definitions set forth in the Subdivision Map Act and shall apply wherever such terms are used in this title, whether or not such terms are capitalized.

"Acreage" means a parcel of land which is not a lot, as defined in this title, and those areas where a legal subdivision has not been previously approved or where a legal subdivision has declared such parcel as acreage.

"Alley" means a public or private right-of-way less than forty (40) feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

"Arterial street" means a public street which carries the major flow of traffic passing through or adjoining a subdivision and to which the access of traffic entering or crossing from adjoining property, intersecting roads, and streets may be controlled.

"City" means the city of Lancaster.

"City council" means city council of the city.

"City engineer" means the city engineer of the city. The functions of the city engineer may be performed by the director of public works.

"Collector street" means a public street which connects local streets with arterial streets with intersections normally spaced at a minimum of three hundred (300) feet. Access may be regulated or controlled for safety. The required right-of-way widths are fifty-one (51) feet mid-block and some additional widening may be provided at high-volume driveways.

"Condominium conversion" means the creation of separate ownership interests in an existing building.

"County recorder" means the Los Angeles County recorder.

"Cul-de-sac" means a local street which connects to another public street only at one end and is not planned for later extension.

"Dedication" means the transfer by a subdivider to a public entity of title to real property or an interest therein, or of an easement or right in real property, the transfer of facilities, the installation of improvements, or any combination of these.

"Department" means the department of community development of the city.

"Development review committee" or "DRC" means the committee established by this title, and composed of representatives from city departments and contract agencies appointed by the respective department head, that review projects including, but not limited to, tentative tract maps and parcel maps. The DRC shall review such projects for consistency with the general plan, this title, Title 17, and any other applicable city ordinances, standards, guidelines or policies.

"Director" means the director of community development of the city.

"Director of public works" means the director of public works of the city of Lancaster.

"Environmental impact report" or "EIR" means a report complying with the requirements of the California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et seq. and its implementing guidelines.

"Freeway" means a street of which the primary function is to accommodate through vehicular traffic. No land use access or parking or pedestrian use is permitted. Grade separated interchanges with expressways or arterial streets may occur at a minimum of one-mile intervals. The right-of-way for a freeway shall have a

minimum width of three hundred (300) feet; however, the final determination for the right-of-way shall be as required by Caltrans.

"General plan" means the adopted general plan of the city and all subsequent amendments thereto.

"Improvement plan" means an engineering plan prepared by a registered civil engineer showing the location and construction details of the streets, alleys, drainage facilities, sanitary sewers, water mains and their pertinent structures and other on-site and off-site improvements required for a subdivision, as specified in Chapter 16.24.

"Industrial/commercial street" means a public street with a roadway section able to facilitate two to four through travel lanes. Access is provided by at-grade intersections normally spaced at one-eighth-mile intervals with number and spacing of driveways controlled. Some traffic movements may be restricted or controlled. On-street parking is generally prohibited. Right-of-way widths vary from eighty (80) feet at midblock locations, widening up to one hundred five (105) feet for intersections and driveways.

"Industrial cul-de-sac" means a public street of which the primary function is to provide access to adjoining property. The number and spacing of driveways is generally controlled and on-street parking may be limited. Intersections are normally spaced at a minimum of three hundred eighty (380) feet and rights-ofway are normally sixty-six (66) feet wide.

"Local street" means a public street of which the primary function is to provide direct access to abutting residential property. Intersections have a minimum spacing of one hundred fifty (150) feet and right-of-way widths are normally forty-seven (47) feet for local residential streets.

"Lot" means a parcel of real property, lawfully created in accordance with the laws and ordinances in effect at the time of its creation, which is shown as a single lot in a lawfully recorded subdivision, a lawfully recorded record of survey map, or clearly described in an approved parcel map waiver.

"Lot line adjustment" means a relocation, realignment or rotation of an existing lot line between two or more parcels, where the land taken from one parcel is added to one or more adjacent parcels and where a greater number of parcels than originally existed is not created and which is approved by the director and the director of public works as specified in Chapter 16.48.

"Major arterial" means a public street with a roadway section able to accommodate four to six through travel lanes. The primary function of a major arterial is to provide traffic movement and secondarily land access. Access is provided by at-grade intersections normally spaced at one-quarter-mile intervals, with direct access limited to major traffic generators. Some traffic movements may be restricted or controlled. On-street parking is normally prohibited. Right-of-way widths vary from one hundred (100) feet at mid-block locations, widening up to one hundred thirty (130) feet for intersections and driveways. Major arterials are normally spaced at one-mile intervals.

"Merger" means the combining of two or more contiguous parcels of land under one ownership into one parcel as specified in Chapter 16.44.

"Municipal code" means the municipal code of the city.

"Planning commission" means the planning commission of the city.

"Private street" means any street which is not a public street.

"Public street" means a street for which the right-of-way is owned by the city or offered to and accepted by the city for dedication to the public.

"Regional arterial" (formally "peripheral loop") means a public street with a roadway section able to accommodate six to eight through travel lanes. The primary function of a regional arterial is for traffic movement. Access is provided by at-grade intersections normally spaced at one-quarter or one-half mile intervals with direct access limited to major traffic generators. Some traffic movements may be restricted or controlled. On-street parking is restricted or controlled. Right-of-way widths vary from one hundred twenty (120) feet at mid-block locations, widening up to one hundred fifty (150) feet for intersections and driveways.

"Roadway" means that portion of a street which is designed, improved, or ordinarily used for vehicular travel.

"Secondary arterial" means a public street with a roadway section able to accommodate two to four through travel lanes. Access is provided by at-grade intersection normally spaced at one-eighth-mile intervals with the number and spacing of driveways controlled. Some traffic movements may be restricted

or controlled. On-street parking is generally prohibited. Right-of-way widths vary from eighty-four (84) feet at mid-block locations, widening up to one hundred five (105) feet for intersections and driveways. Secondary arterials are normally spaced at one-half mile intervals.

"Sloping terrain" means any ground surface having a grade of six percent or more.

"Street" means a right-of-way which is maintained and open to the public for purposes of vehicular traffic and may include bicycle and pedestrian traffic. Street includes freeways, expressways, arterials, collectors, local streets, cul-de-sacs and commercial/industrial streets.

"Subdivision Map Act" refers to Division 2, Subdivisions, of the California Government Code, beginning with Section 66410.

"Uniform Building Code" or "UBC" means the Uniform Building Code as adopted by the city.

(Ord. 754 § 1 (Attach. A § 1), 1999; Ord. 661 § 1 (100.060), 1994)

Article II. - Administrative Provisions

16.04.070 - Appeal of action.

A.

A disagreement over an interpretation by the director, director of public works or city engineer, of a condition imposed or approved for a tentative map by the planning commission, may be appealed to the planning commission. The procedures provided in Chapter 2.44 (Uniform Appeal Procedure) of the Municipal Code shall be followed.

B.

A decision of the director of public works or city engineer to approve or deny a final map may be appealed to the city council pursuant to Chapter 2.44 of the Municipal Code.

C.

All other decisions of the director, director of public works, city engineer, or a decision by the planning commission under this title may be appealed to the city council pursuant to Chapter 2.44 of the Municipal Code.

(Ord. 754 § 1 (Attach. A § 2), 1999: Ord. 661 § 1 (110.010), 1994)

The regulations set forth in this title shall apply to all or parts of subdivisions located within the city and to the preparation of subdivision maps, parcel map waivers, and all other maps and actions provided for by the Subdivision Map Act. All subdivisions and parcel map waivers shall be prepared and presented for approval as provided for in this title.

(Ord. 661 § 1 (110.020), 1994)

16.04.090 - Application to property development other than subdivisions.

Property development other than subdivisions may be required to provide improvements compatible with and designed in accordance with the standards referenced to or contained herein, as determined by the city engineer.

(Ord. 661 § 1 (110.030), 1994)

This title shall not apply to projects and transactions exempt by statute from the provisions of the Subdivision Map Act.

(Ord. 661 § 1 (110.040), 1994)

16.04.110 - Effect of annexation.

A.

When any area in a subdivision is annexed to the city after a county-approved final map has been recorded, the final map and any agreements relating to the subdivision shall continue to be in effect.

B.

When any area of a subdivision is annexed to the city and an approved tentative or vesting tentative map has been filed for such area, and the annexation is completed prior to the final map recording, or a parcel map is required for such area but the final act required to make the parcel map effective has not been complete prior to annexation, all procedures and regulations required by this title shall be deemed to commence as of the effective date of the annexation. The map shall then comply with the requirements of this title and of any other applicable ordinance, policy or standard of the city.

(Ord. 661 § 1 (110.050), 1994)

An application for any land division, or action authorized by this title shall be accompanied by the appropriate processing fees and/or deposits, as established by resolution of the city council.

(Ord. 661 § 1 (110.060), 1994)

16.04.130 - Public hearing notice procedures.

A.

Unless otherwise required by the Subdivision Map Act or this title, the director of community development shall publish and give notice of hearing in accordance with the provisions of Sections 65090 and 65091 of the Government Code of the state of California, except that the distance requirements shall be as follows:

1.

Urban areas as designated by the general plan shall be five hundred (500) feet.

2.

Rural areas as designated by the general plan shall be one thousand five hundred (1,500) feet.

B.

The director may give such other notice that is deemed necessary or advisable. Substantial compliance with these notice provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken.

(Ord. 661 § 1 (110.070), 1994)

The applicant of a proposed project scheduled for a public hearing is required to post a sign with public hearing information, in accordance with the city's procedures for project site sign posting.

(Ord. 661 § 1 (110.080), 1994)

Any reference to an ordinance, state or federal statute, or reference document shall mean that ordinance, statute or document as amended from time to time.

(Ord. 661 § 1 (110.090), 1994)

Article III. - Responsibilities and Designation

16.04.160 - Department of community development.

The department of community development shall be responsible for the processing of applications for tentative maps and parcel map waivers.

(Ord. 661 § 1 (120.010), 1994)

A.

The responsibilities of the director of community development shall include but not be limited to the following:

1.

To develop the forms, procedures and policies necessary for the processing of applications for tentative maps, parcel map waivers, and other land use actions as provided for in this title; and

2.

To determine whether a proposed subdivision conforms to the general plan, any applicable specific plans, and Title 17; and

3.

To take recommendations to the planning commission for approval, conditional approval or denial of a tentative subdivision map application; and

4.

To serve as secretary to the planning commission, certifying that the planning commission has approved, conditionally approved, or denied the tentative map for all subdivisions; and

5.

To schedule any appeal to the planning commission of staff interpretation of a commission-imposed condition of approval; and

6.

To certify that the final map is in substantial conformance with the approved tentative map and any conditions imposed by the planning commission;

7.

The director is designated as the advisory agency for administrative parcel maps and shall have the authority to approve or deny applications for such administrative parcel maps.

B.

When necessary to carry out these responsibilities, the director may designate a representative to act on the director's behalf.

(Ord. 718 § 1, 1996; Ord. 661 § 1 (120.020), 1994)

A.

The responsibilities of the director of public works shall include but not be limited to the following:

1.

To approve or deny final maps and accept, accept subject to improvement, or reject dedications and offers of dedication that are made by statement on the final map;

2.

To enter into an agreement with a subdivider to guarantee the installation of required improvements.

B.

The director of public works may designate the city engineer to act on the director of public work's behalf to carry out these responsibilities.

(Ord. 754 § 1 (Attach. A § 3), 1999)

A.

The responsibilities of the city engineer shall include but not be limited to the following:

1.

To establish procedures and policies for design and construction details, standards and specifications (including but not limited to streets, sewer, curb radii, drainage); and

2.

To determine if the proposed subdivision, dedications and improvements comply with the provisions of the Subdivision Map Act and this title; and

3.

To examine and certify that final maps are in substantial conformance with the approved tentative map; and

4.

To process and certify final maps, parcel maps, certificates of compliance, reversion to acreage maps, amended maps, and to process and approve subdivision improvement plans; and

5.

To process parcel map waivers, mergers, and approve certificates of compliance; and

To examine the map for technical accuracy; and

7.

To inspect and approve all required improvements; and

8.

To provide the proper notice of proceedings under this title; and

9.

To develop the forms, procedures and policies necessary for the interpretation and administration of this title; and

10.

To determine violations of the Subdivision Map Act or this title.

11.

To carry out the responsibilities listed in Section 16.04.175(A) if so designated by the director of public works.

B.

When necessary to carry out these responsibilities, the city engineer may designate a representative to act on the city engineer's behalf, except for the responsibilities listed under Section 16.04.180(A)(11), which are exclusive to the city engineer.

(Ord. 754 § 1 (Attach. A §§ 4, 5), 1999; Ord. 661 § 1 (120.030), 1994)

The development review committee is established and designated to act in an advisory capacity to the planning commission. The responsibilities of the development review committee shall include but not be limited to the following:

A.

To analyze proposed subdivisions in accordance with the city's general plan, Title 17, this title and other applicable ordinances, policies or standards; and

B.

To provide recommendations to the subdivider for changes in the proposed subdivision as necessary to comply with city requirements or otherwise benefit the project; and

C.

To report on the design, improvements, and other various aspects of proposed subdivisions; and

D.

To make specific written recommendations, including conditions of approval, to the planning commission; and

E.

Other responsibilities as assigned by Title 17.

(Ord. 661 § 1 (120.040), 1994)

The planning commission is designated as the advisory agency regarding subdivisions, and shall have the authority as follows:

A.

To approve, conditionally approve, or deny applications for tentative subdivision maps and parcel map waivers, and extensions thereto; and

B.

To act as the hearing authority for appeals by applicants for the interpretation of commission-imposed conditions of approval by the director or the director of public works.

(Ord. 661 § 1 (120.050), 1994)

16.04.210 - City council.

The city council reserves to itself final jurisdiction and authority as follows:

A.

To approve reversion to acreage; and

B.

To hear and decide appeals of staff actions and appeals of planning commission actions on tentative subdivision maps; and

C.

To hear and decide appeals of action by the director of public works or city engineer on final maps; and

D.

To approve, conditionally approve, or deny an application for tentative subdivision maps filed in conjunction with a development agreement and extensions thereto.

(Ord. 754 § 1 (Attach. A § 6), 1999: Ord. 661 § 1 (120.060), 1994; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

Article IV. - Classification of Subdivisions

Whenever a subdivision or part of a subdivision is proposed in the city, the maps created shall conform to all of the regulations in this title.

(Ord. 661 § 1 (130.010), 1994)

A.

Tentative Tract Maps. A tentative and a final tract map are required for all divisions of land which create five or more parcels including five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units unless specifically excepted under Section 66426(a), (b), (c) and (d) of the Subdivision Map Act.

B.

Tentative Parcel Maps. A tentative and a final parcel map are required for all divisions of land which create four or less parcels, including four or less condominiums, a community apartment project containing four or less parcels, or for the conversion of a dwelling to a stock cooperative containing four or less dwelling units, and for all divisions of land described in Section 66426(a), (b), (c) and (d) of the Subdivision Map Act. A tentative parcel map shall not be required where specifically excepted under Section 66428(a) of the Subdivision Map Act. A parcel map is also required for industrial or commercial development with approved access to public streets regardless of the number of lots, prepared in accordance with the Subdivision Map Act and this title.

C.

Vesting Tentative Map. Whenever this title requires the filing of a tentative map, the subdivider may file a vesting tentative map. The procedures for and rights of a vesting tentative map are set forth in Article VI of Chapter 16.08.

D.

Parcel Map Waiver. The planning commission may waive the requirement for a final parcel map under the provisions of Chapter 16.16.

E.

Administrative Parcel Map. The director may approve a parcel map for residential, industrial or commercial development where all public improvements have been installed and approved by the city under the provisions of Chapter 16.16.

F.

Final Subdivision Map. A final subdivision map or final map shall mean a final tract or parcel map.

G.

Tentative Map. A tentative map shall mean a tentative tract or parcel map.

(Ord. 661 § 1 (130.020), 1994)

Chapter 16.08 - TENTATIVE MAP PROCEDURAL REQUIREMENTS Article I. - Tentative Map Procedural Requirements

16.08.010 - General provisions.

A.

The form, content, submittal and approval of tentative maps including vesting maps shall be governed by the provisions of this section. The same tentative map requirements and procedures apply both to tentative tract maps and to tentative parcel maps except where otherwise stated.

B.

In order to be subdivided under one map, property shall be contiguous as defined in Section 66424 of the Subdivision Map Act.

C.

Preannexation. A subdivider may file with the city a tentative map for a proposed subdivision of unincorporated territory contiguous with the city in accordance with Section 66454 of the Subdivision Map Act. The map, at the discretion of the city, may be acted upon in the manner provided in this chapter except, that if it is approved, such approval shall be conditioned upon annexation of the property to the city within such period of time as shall be specified by the city, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by the city shall be null and void.

(Ord. 661 § 1 (200.010), 1994)