Chapter 16.12 — PROCEDURE

• A. A tentative tract map, accompanied by any forms and fees required, shall be submitted to the Community Development Director for review. The Community Development Director shall refer the map to a staff review committee as designated by the City Manager for review and comment.

• B. After the tentative tract map is reviewed by staff, the Community Development Director shall forward the map to the City Planning Commission with his/her comments and/or recommendations. Within 50 days of the submittal of the tentative tract map to the Community Development Director, the City Planning Commission shall review the tentative tract map and shall approve, conditionally approve, or disapprove the tentative tract map.

• C. If the map is not approved by the City Planning Commission, the subdivider will be notified and given the opportunity to correct the map.

• D. The subdivider may appeal to the City Council from any action taken by the City Planning Commission pursuant to the procedure set forth in the Subdivision Map Act.

• E. Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council concerning any such decision. Processing of the complaint shall comply with the Subdivision Map Act.

• F. If the map is approved by the City Planning Commission, or by the City Council on appeal, a final tract map, substantially in conformance with the tentative tract map, must be recorded within 18 months.

(Prior code 10030(a); Ord. 56-66; Ord. 22-78; Ord. 4-87; Ord. 10-99; Ord. 15-21, 2021)

A final tract map shall be submitted to the Department of Public Works, pursuant to the procedure set forth in the Subdivision Map Act. It shall be accompanied by any information or materials required by that department.

(Prior code 10030(b); Ord. 56-66; Ord. 22-78)

• A. The Community Development Director shall have the power of final approval of all tentative parcel maps involving land divisions of four lots or less which meet all other code and site development requirements and which:

  1. Require no zone changes, variances, or conditional use permits; or

  2. Present no other significant difficulties relating to physical improvements, topography, circulation, access or parcel shape, according to reasonable engineering and public safety standards as determined by the Community Development Director.

• B. All tentative parcel maps meeting the requirements of subsection 16.12.030(A) shall be submitted to the Department of Public Works, accompanied by any required forms and

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City of Orange, CA

SUBDIVISIONS

§ 16.12.030

§ 16.12.030

fees. The map shall be referred to the Community Development Director, who shall review the map, in conjunction with a staff review committee as designated by the City Manager, and take action thereon within 20 days from the date the map was accepted for filing.

• C. If the tentative parcel map is not approved by the Community Development Director, the subdivider will be notified and given the opportunity to correct the map and resubmit it to the Community Development Director. In the event that the subdivider wishes to appeal the action taken by the Community Development Director, he or she may make an appeal pursuant to this title.

• D. If the tentative parcel map is approved by the Community Development Director, pursuant to this section, the subdivider shall be notified by the Department of Public Works. When a tentative parcel map is required pursuant to this title, the map as approved or conditionally approved shall expire 18 months after its approval or conditional approval.

• E. The Community Development Director shall have authority to approve all parcel map applications for an urban lot split proposed in a single-family residential zone, pursuant to SB 9. Approval shall be a ministerial action without discretionary review.

  1. For approval of a parcel map, the Community Development Director shall find the following:

     • a. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision.

     • b. Both newly created parcels are no smaller than 1,200 square feet.

     • c. The parcel being subdivided meets all the following requirements:

       • i. The parcel is located within a single-family residential zone.

       • ii. The parcel meets all requirements of Section 17.13.040.GGG.1.

       • iii. The parcel has not been established through prior exercise of an urban lot split as provided for in SB 9.

       • iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9.

• v. The parcel map conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Section 66410), except as otherwise expressly provided in SB 9.

  • d. In furtherance of the intent of SB 9 to create dwelling units, plans for units on a lot undergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuance concurrently with final parcel map approval.

  2. The Community Development Director shall place the following conditions on approval of the parcel map, as appropriate:

     • a. A requirement for easements for the provision of public safety services and

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City of Orange, CA § 16.12.030

ORANGE CODE

§ 16.12.050

facilities.

• b. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

• c. A requirement for off-street parking pursuant to the single-family residence parking requirement specified in Table 17.34.060(A), except as otherwise expressly provided under SB 9.

• d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denial of a parcel map the building official shall make a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Prior code 10031(a)(1); Ord. 13-64; Ord. 67-64; Ord. 22-78; Ord. 10-99; Ord. 3-03; Ord. 15-23, 11/14/2023)

• A. The City Planning Commission shall have the power of final approval of all tentative parcel maps other than as described in Section 16.12.030 and which involve land divisions of four lots or less and which:

  1. Require a hearing before the City Planning Commission for variances or conditional use permits; or

  2. Present significant difficulties, including, but not limited to, physical improvements, topography, circulation, access or parcel shape, according to reasonable engineering and public safety standards as determined by the City Planning Commission.

• B. All such tentative parcel maps shall be submitted to the Department of Public Works, accompanied by any forms and fees required by the Department. The map shall be referred to the Community Development Director who shall review the map in conjunction with a staff review committee as designated by the City Manager. Within 20 days after the date the map was accepted for filing, the Community Development Director shall make a report, with recommendations for acceptance or denial, to the City Planning Commission.

• C. If the map is not approved by the City Planning Commission, the subdivider will be notified and given the opportunity to correct the map and resubmit it to the Commission. In the event that the subdivider wishes to appeal the action taken by the Commission, he may appeal to the City Council pursuant to this title.

• D. If the tentative parcel map is approved by the City Planning Commission pursuant to this section, and requires no further adjustments, including, but not limited to, conditional use permits and variances, the subdivider shall be notified within a reasonable period of time.

• (Prior code 10031(a)(2); Ord. 22-78; Ord. 10-99; Ord. 3-03)

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City of Orange, CA

SUBDIVISIONS

§ 16.12.050

§ 16.12.060

The City Council shall have the power of final approval of all tentative parcel maps other than as described in Sections 16.12.030 and 16.12.040, and which are:

• A. Divisions of land of five or more lots in commercial or industrial zones; or

• B. Divisions of land requiring any hearing for zone changes; or

• C. Divisions of land where other hearing actions are appealed in conjunction with the tentative parcel map.

• D. All such tentative maps shall be submitted to the Department of Public Works, accompanied by any forms and fees required by the department. The map shall then be referred to the Community Development Director for review and the Community Development Director shall make a report together with recommendations for acceptance or denial to the City Planning Commission within 20 days after the map has been accepted for filing. The City Planning Commission shall then have 20 days in which to review and make a report together with recommendations for acceptance or denial to the City Council.

• E. If the map is not approved by the City Council, the subdivider will be notified and given the opportunity to correct the map and resubmit it to the Council.

• F. If the tentative parcel map is approved by the City Council pursuant to this section, and requires no further adjustments, the subdivider shall be notified within a reasonable period of time.

• G. No certificate of use and occupancy shall be issued by the Department of Building and Safety until the parcel map is recorded by the County Surveyor and is on file in the office of the Engineer of Orange, California.

• H. If no action is taken upon a tentative parcel map by an agency authorized by the ordinances of the City to approve, conditionally approve or disapprove the tentative parcel map or by the City Council within the time limits specified or any authorized extension thereof, the tentative map, as filed, shall be deemed to be approved, insofar as it complies with applicable requirements of the Subdivision Map Act and the ordinances of the City, and it shall be the duty of the Clerk of the City Council to certify such approval.

• I. With respect to parcel maps, the subdivider may appeal from any action of an advisory agency to the City Council pursuant to the procedure set forth in the Subdivision Map Act.

• (Prior code 10031(a)(3); Ord. 22-78; Ord. 10-99)

• A. A final parcel map shall be submitted to the Department of Public Works. It shall be accompanied by any information or materials required by that department.

• B. For all divisions of land not including any dedications or offers to dedicate, the staff of the department shall inspect the map to assure that no technical error has been made and that all conditions of approval have been met. Upon staff approval, the map shall be signed by the City Engineer.

• C. Upon approval by the City Engineer, pursuant to this subsection, all final parcel maps

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City of Orange, CA

ORANGE CODE

§ 16.12.060

§ 16.12.060

which include any dedications or offers to dedicate, shall be referred to the City Council for final approval.

(Prior code 10031(b); Ord. 32-65; Ord. 22-78)

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City of Orange, CA

SUBDIVISIONS

§ 16.16.010

§ 16.16.040