Chapter 16.16 — REQUIREMENTS—DEDICATIONS—FEES

A map shall be disapproved for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or this title. However, such a failure shall not result in disapproval if the agency with the power of final approval over the map determines that the failure is the result of technical and inadvertent error which does not materially affect the validity of the map.

(Prior code 10040; Ord. 22-78)

• A. The City Council shall determine whether, as a condition of approval of a final parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drawings, public utility easements and other public easements.

• B. If dedications or offers of dedication are made by separate instrument, such dedications or offers of dedication shall be recorded concurrently with, or prior to, the parcel map being filed for record.

• C. The City Council shall determine whether any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a subdivision map as abutting thereon. If the dedication is accepted, the waiver shall become effective in accordance with the provisions of the Subdivision Map Act with respect to the waiver of direct access.

• D. All streets, alleys and easements which are dedicated or are offered for dedication shall comply with all applicable City standards and shall comply with Sections 16.16.030 through 16.16.070.

• E. The City shall not require dedications of rights-of-way or the construction of off-site improvements for parcels created pursuant to SB 9. Easements for public safety services and facilities for such parcels may be required by the Community Development Director.

• (Prior code 10041(a); Ord. 22-78; Ord. 15-23, 11/14/2023)

The radius of the cul-de-sac for a street shall be 50 feet. The radius of a cul-de-sac may be reduced to not less than a minimum of 40 feet or not more than a maximum of 60 feet only in accordance with adopted Council standards on file with the Department of Public Works. The radius of the cul-de-sac for an alley shall not be less than 35 feet. (Prior code 10041(a)(1); Ord. 22-78)

Streets shall have a total right-of-way of not less than 60 feet in width and not less than 36 feet in width of vehicular accessway, except that the City Council may accept less than said minimum widths in accordance with adopted Council standards on file with the Department of Public Works and provided the following conditions exist:

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City of Orange, CA

ORANGE CODE

§ 16.16.040

§ 16.16.065

• A. The street to be accepted is an extension of an existing street which is less than 60 feet in width;

• B. Unusual conditions which, in the opinion of Council, may make a width of 60 feet or more of right-of way impractical or unnecessary due to unusual conditions such as having one side of a street adjoining a railroad right-of-way, or in the case of an unusually short, dead end street; but in no case, however, shall any street be less than 36 feet in width from curb to curb, or from the limits of the vehicular accessway in the event there are no curbs, except, if permitted, in accordance with adopted Council standards on file with the Department of Public Works.

(Prior code 10041(a)(2); Ord. 22-78)

Existence of one or more of the following conditions may be cause for disapproval:

• A. Maps showing one or more streets designed to terminate in a cul-de-sac if any such street is in excess of 600 feet in length from the center of the cul-de-sac to the first intersection of such street with another street;

• B. Maps showing street grades in excess of 12%. (Prior code 10041(a)(3); Ord. 22-78)

If, in the opinion of the Council, the streets and alleys shown on any tentative map do not provide for most suitable, reasonable, or economic locations for any of the distribution facilities of the utilities, such as sewers, storm drains, water and gas mains, and pole lines and conduits for electric current, or other devices providing for community service, into or through the land shown on the map either for the service thereof or for the service of other areas, the Council may require provision to be made for the location of such utilities and facilities therefor on routes elsewhere than within the streets or alleys. This may be done either by the establishment of public easements for utility purposes as part of the final map, or by the filing of supplementary instruments which shall adequately protect the public interest in the matter of location and of right-of-way for utility purposes. Easements may be required to be adjacent to and follow lot lines.

(Prior code 10041(a)(4); Ord. 22-78)

• A. All subdivisions for which a tentative map or parcel map is required pursuant to Government Code 66426 shall provide any and all appropriate cable television systems an opportunity to construct, install, and maintain a cable television system on public streets, highways, alleys, public properties, public easements, and any and all land identified on the tract map as dedicated or to be dedicated to public utility use. All appropriate cable television systems shall be entitled and allowed to place and locate wires, conduits, appurtenances, and any and all equipment necessary to extend cable television service to each residential parcel in the subdivision.

• B. "Appropriate cable television systems" as used in this section, means those franchised or licensed to serve the geographic area in which the subdivision is located.

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City of Orange, CA

SUBDIVISIONS

§ 16.16.065

§ 16.16.080

• C. Public easements, as used in this section, shall include but shall not be limited to any easement created by dedication to the City or public utility for public utility purposes or any other purposes whatsoever.

• D. Access to public streets, highways, public properties, public easements, and any and all land identified on the map as dedicated or to be dedicated to public utility use shall be granted upon terms mutually acceptable to the subdivider and the appropriate cable television system. In the event that no mutually acceptable terms can be agreed upon, then all appropriate cable television systems shall have the right to construct a separate trench and place all equipment necessary to extend cable television system to each residential parcel in the subdivision at its sole cost.

• E. If, and to the extent, multiple appropriate cable television systems install cable television equipment in separate trenches, said separate trenching shall be performed at essentially the same time and contiguous to the trenching for placement of public utility lines.

• F. No tentative map or parcel map shall be approved by the legislative body without the imposition of the conditions expressed in subsections A and D hereof.

• G. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

• H. If any of the requirements of this section are deemed or held by any court of competent jurisdiction or administrative agency to be inconsistent with Government Code Section 66473.3, and other applicable law, said requirements shall be deemed null and void and unenforceable.

• (Ord. 3-88)

Private streets, alleys or ways may be permitted only when the welfare of the occupants of the subdivision will be better served and the public welfare will not be impaired through the use thereof or the kinds of improvements thereon, and on conditions which guarantee the construction of necessary local improvements and the continued maintenance thereof. Such private street, alley or way shall not be offered for dedication and shall be shown on the final parcel map as parcels lettered alphabetically, or as easements in accordance with adopted City standards. As a condition of approval of a final map, a subdivider may be required to provide on such private streets, alleys or ways an unobstructed right of access or unobstructed easement for City vehicles and services, or vehicles performing necessary City functions as determined by the City Council, including, but not limited to, sanitation services, police, fire, and school district bus services. In no case shall any gate or obstruction of any kind hinder or obstruct such access without express approval of the City Council. (Prior code 10041(a)(5); Ord. 22-78)

The City Council shall determine whether, as a condition of final approval of a final tract map or a final parcel map, the subdivider shall be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents if the subdivision, as shown on the final map thereof, contains 200 or more parcels; provided that the developer may voluntarily so dedicate if the subdivision, as shown on the final map thereof,

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City of Orange, CA

ORANGE CODE

§ 16.16.080

§ 16.16.140

contains less than 200 parcels. (Prior code 10041(b); Ord. 22-78)

The City Council shall determine whether, as a condition of final approval of a final tract map or a final parcel map, the subdivider shall be required to dedicate such additional land as may be necessary and feasible to provide equestrian trails for the use and enjoyment of residents. (Prior code 10041(c); Ord. 22-78)

The City Council shall determine whether, as a condition of final approval of a final tract map or a final parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities, including, but not limited to, bus turnouts, benches and shelters, if:

• A. The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted plan or contains 100 acres or more;

• B. The City Council finds that transit services are or will, within a reasonable time period, be made available to such subdivision.

(Prior code 10041(d); Ord. 22-78)

The City Council shall determine whether, as a condition of approval of a final tract map, a subdivider who develops or completes the development of one or more subdivisions within any school district created pursuant to the State Education Code and having territory partly or wholly within the City limits of Orange may be required to dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. (Prior code 10041(e); Ord. 22-78)

The City Council shall determine whether, as a condition of subdivision approval, the subdivider shall be required to reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries or other public uses. The reservations shall be required pursuant to conditions set forth in the Subdivision Map Act. (Prior code 10042; Ord. 22-78)

The payment of fees shall be required in the following instances set out in Sections 16.16.140 and 16.16.150 according to applicable provisions of the Subdivision Map Act. (Prior code 10043; Ord. 22-78)

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City of Orange, CA

SUBDIVISIONS

§ 16.16.140

§ 16.16.140

The payment of fees shall be required in the following instances, according to applicable provisions of the Subdivision Map Act:

• A. As a condition precedent to approval of a tract map, parcel map or other development project within a drainage assessment area shown on the Master Plan of Drainage, dated May, 1981, owners or developers shall pay a drainage fee to the City of Orange. The purpose of the fee shall be to defray the estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from the drainage assessment area. Fees collected pursuant to this section shall be deposited into a special account established for each assessment area, and funds therein shall be expended solely for the construction or reimbursement for construction of local drainage facilities within the drainage assessment area from which the fees comprising the account are collected, and to reimburse the City for the cost of engineering and administrative services necessary to design and construct the facilities. Reimbursement to owners or developers who install local masterplanned drainage facilities which will benefit future development within the drainage assessment area shall be provided pursuant to California Government Code Sections 66485, 66486 and 66487.

• B. The fees for each drainage assessment area, as shown on Plate 5 of the Master Plan of Drainage, dated May, 1981, on file in the office of the City Engineer, shall be as follows:

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----- Start of picture text -----
AREA FEE (Dollars/Acre)
A $ 924.00
B $ 835.00
C $ 1,783.00
D $ 2,146.00
E $ 453.00
F $ 1,902.00
G $ 2,218.00
H $ 1,014.00
I $ 398.00
II $ 721.00
III $ 1,042.00
IV $ 1,229.00
V $ 2,539.00
VI $ 2,841.00
VII $ 1,259.00
VIII $ 781.00
IX $ 1,914.00
----- End of picture text -----

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City of Orange, CA § 16.16.140

ORANGE CODE

§ 16.16.150

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----- Start of picture text -----
AREA FEE (Dollars/Acre)
X $ 1,294.00
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• C. All fees set forth in this section shall be automatically adjusted on January 1, 1982. The percentage change in the Engineering News-Record, Los Angeles Area Construction Cost Index for the preceding 12-month period shall be the basis for each annual adjustment.

• D. Consideration in lieu of fees required pursuant to this section may be accepted by the City Council, provided that:

  1. The City Council finds, upon recommendation of the Director of Public Works, that the consideration proposed by the owner or developer as a substitute for the fee has a value equal to or greater than the fee; and

  2. The substitute consideration is in a form acceptable to the City Council.

• E. The foregoing notwithstanding, the Director of Public Works shall have authority to determine whether the drainage obligation of the subdivision shall be satisfied by payment of fees or by the construction of master-planned drainage facilities. Such a determination shall be based on the Director's evaluation as to the need for protecting the public interest.

• (Prior code 10043(a); Ord. 22-78; Ord. 50-79; Ord. 37-81)

• A. The payment of a fee established by the Department of Public Works as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated cost of construction shall be required when:

  1. Bridge crossings over railways, freeways, streams or canyons are required in order to conform with transportation or flood control provisions of the Circulation Element of the General Plan heretofore adopted by the City, together with any additions or amendments thereto hereafter adopted; or

  2. Major thoroughfares, whose primary purpose is to carry through traffic and provide a network connecting to the State highway system, are required in order to conform to provisions of the Circulation Element of the General Plan.

• B. Payment of fees shall not be required unless:

  1. The planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit;

  2. The major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

• C. The City Council shall hold a public hearing, pursuant to Subdivision Map Act requirements, for each area benefited. At such public hearing, the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall be established.

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City of Orange, CA

SUBDIVISIONS

§ 16.16.150

§ 16.16.180

• D. If, at any time not later than the hour set for public hearing, there is a written protest, filed with the Clerk of City Council, by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of this section.

• E. Consideration in lieu of fees required pursuant to this section will be accepted by the City Council, provided:

  1. The City Council finds, upon recommendation of the Director of Public Works, that the substitute consideration has a value equal to or greater than the fee; and

2. The substitute consideration is in a form acceptable to the City Council.

(Prior code 10043(b); Ord. 22-78)

The City Council shall determine whether, as a condition of subdivision approval, the subdivider shall be required to install improvements for the benefit of the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. If the Council so determines, then the procedure for making such reimbursements shall be pursuant to the applicable requirements of the Subdivision Map Act.

(Prior code 10044; Ord. 22-78)

A preliminary soils report prepared pursuant to the Subdivision Map Act shall be submitted to the City Engineer, prior to the submittal of the tentative tract or tentative parcel map. In addition, the following shall be provided:

• A. A preliminary soils report shall also be provided for every subdivision for which a parcel map is required;

• B. The preliminary soils report may be waived if the City Engineer determines that, due to his or her knowledge of the quality of the soils in the subdivision, no preliminary analysis is necessary;

• C. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision shall be required.

• D. For parcel maps submitted pursuant to SB 9, with residential units connected to an on-site wastewater treatment system, the applicant may submit a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

• (Prior code 10045; Ord. 22-78; Ord. 15-23, 11/14/2023)

Subdivision taxes and assessments shall be made pursuant to the procedure set forth in the

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City of Orange, CA

ORANGE CODE

§ 16.16.180

§ 16.16.190

Subdivision Map Act. (Prior code 10046; Ord. 22-78)

All monuments shall be fixed pursuant to the requirements of the Subdivision Map Act. In addition, the following may be required:

• A. A two-inch iron pipe (or larger) shall be found or set at or near each parcel boundary;

• B. Lot corners shall be monumented with one-half inch iron pipes (or larger) or by approved offset monuments;

• C. Orange County Surveyor Type "A" and "B" Will Monuments shall be set where applicable.

• D. Centerline points of control shall be monumented with not less than eight-inch spikes and tags.

(Prior code 10047; Ord. 22-78)

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City of Orange, CA

SUBDIVISIONS

§ 16.20.010

§ 16.20.030