§ 9.08

(a)

Introduction. The sign regulations in the City are set forth in the Chapter 9.07. A sign program shall be required for all signs located within an integrated center, including individual buildings, building complexes,

commercial centers or business parks, and which are not specifically exempt in Chapter 9.07. Said sign program shall be approved prior to the placing, erecting, moving, reconstructing, altering, or displaying of any sign, whether permanent or temporary,.

(b)

Sign program process. The sign program process is depicted in Figure 9.08.9.

(1)

Applications for a sign program or sign program amendment shall be filed with the Development Services Director.

(2)

The Development Services Director shall review the proposed sign program or sign program amendment for consistency with any applicable sign regulations established within Chapter 9.07.

(3)

If the proposed sign program or sign program amendment is found to be consistent with the requirements of Chapter 9.07, the Development Services Director shall approve the sign program or sign program amendment, or may forward the sign program or sign program amendment to the Planning Commission. If the sign program or sign program amendment is forwarded to the Planning Commission, no public hearing is required, and the Planning Commission's decision is final, unless appealed to the City Council as outlined in Section 9.08.100.

(4)

If the sign program or sign program amendment is inconsistent with the requirements of Chapter 9.07, the sign program or sign program amendment application must be processed according to Section 9.08.050 (Figure 9.08.1).

(c)

Findings required. The Development Services Director or Planning Commission may approve and/or modify a sign program as described in this Section in whole or in part, with or without conditions, only if the following findings are made:

(1)

The sign program or sign program amendment is permitted within the zoning district and complies with all applicable provisions of Chapter 9.07 and any other applicable standards.

(2)

The sign program or sign program amendment is in proper proportion to the structure or site on which it is located and, as an identification device, does not excessively compete for the public's attention.

(3)

The signs' materials, color, texture, size, shape, height, and placement are harmonious with the design of the structure, property, and neighborhood of which it is a part.

(4)

The signs' illumination is at the lowest reasonable level as determined by the Development Services Director or Planning Commission, which ensures adequate identification and readability, and is directed solely at the sign or is internal to the sign.

(5)

The signs are not detrimental to the public interest, health, safety, or welfare.

(d)

Consistency of working drawings with approved plans. A sign program approval shall pertain only to those plans reviewed and approved with the sign program. Further, all plans approved with a sign program shall be considered an integral part of the sign program approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by a sign program approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

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Figure 9.08.9 Process for Sign Program or Sign Program Amdmt.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.170. - Site development permit.

(a)

Introduction. This Section establishes a process to promote superior aesthetics, design compatibility, and high quality site planning. The site development permit process provides for the effective and efficient review of development proposals to ensure compatible and enhanced site and building design throughout

the community. Through the site development permit the City can achieve excellence and innovation in the design of development projects.

(b)

Site development permit required.

(1)

When no other discretionary permit is required, a site development permit shall be required for all new residential development projects, and non-residential development projects involving new construction, reconstruction, building additions (see Section 9.08.040(a)(2)), or structural or site modifications as defined herein.

(2)

Modifications: Any person holding a permit granted under this Title may request a changed plan or amendment to that permit. For the purpose of this Section, the modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

(3)

If the Development Services Director determines that a proposed project action is not in substantial conformance with the original approval, the Development Services Director shall notify the property owner of the requirement to submit a site development permit application for consideration and action by the same approving authority as the original permit.

(4)

The Development Services Director may require that a site development permit be filed for any proposal determined by the Director not to be in clear compliance with General Plan policies and/or this Title as described in Section 9.08.010.

(c)

Initiation of application. Applications for site development permits may be filed with the Development Services Department by a recorded owner of the property in question or by the owner's authorized agent. The Development Services Director shall prescribe the form of application and the supporting information required to initiate both environmental review (pursuant to Section 9.08.220) and the site development permit application review.

(d)

Site development permit process.

(1)

Application for site development permits shall be processed in accordance with Table 9.08.1 and the procedure depicted in Figure 9.08.10. Once an application is received by the Development Services

Director, the application will be reviewed for completeness. If the Development Services Director finds the application to be complete, then the application shall be processed in accordance with the process illustrated in Figure 9.08.10. If the application is found to be incomplete, the Development Services Director will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Development Services Department.

(2)

When a site development permit is required in the absence of any other discretionary permit, the Development Services Director or the Planning Commission shall, review and take action upon the application in accordance with the following procedures:

a.

Decision by the Development Services Director. When an application for a site development permit proposes a building addition that would increase by 10 percent or less the gross square feet of nonresidential building area approved on the original site development permit, up to a maximum of 6,500 square feet, or which involves temporary uses and structures, the Development Services Director shall have the authority to approve, conditionally approve, or deny the project. All decisions of the Development

Services Director are subject to appeal to the Planning Commission, pursuant to Section 9.08.100. The Development Services Director may refer any application for a site development permit to the Planning Commission for consideration.

b.

Decision by the Planning Commission. When an application for a site development permit proposes a building addition that would increase by more than ten percent of the gross square feet approved on the original site development permit of non-residential building area, or any increase above 6,500 square feet, or any new residential development, the application must be reviewed by the Planning Commission. The Planning Commission shall have the authority to approve, conditionally approve, or deny the project. Decisions of the Planning Commission are subject to appeal to the City Council, pursuant to Section 9.08.100. No public hearing is required.

c.

If a site development permit proposes a development standard different than those identified by this Title for the proposed use or zoning district, such site development permit shall always require a public hearing before the Planning Commission and findings be made pursuant to Section 9.08.050 (Alternative Development Standards).

d.

If an application for a site development permit proposes a use not specifically identified as permitted by this Title, such site development permit shall be considered by the Planning Commission as described in Section 9.03.050 (Use Determination).

e.

If a site development permit is processed in conjunction with a conditional use permit, alternative development standard, variance, or other discretionary permit, additional findings may be required.

(3)

If a site development permit application is submitted in conjunction with another discretionary permit, the Development Services Director shall conduct the review and shall make a recommendation to the Planning Commission.

(e)

Findings and conditions of approval.

(1)

The following findings must be made prior to approval of a site development permit:

a.

In acting to approve a site development permit, the Development Services Director or Planning Commission shall be required to make the following findings:

b.

That the proposed site development permit will be consistent with the objectives, policies and general land uses and programs specified in the City's General Plan;

c.

That the proposed site development permit is consistent with the provisions of this Title;

d.

That the location, size, design and operating characteristics of the proposed site development permit will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and

e.

That the proposed site development permit will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(2)

In order to mitigate the possible adverse impact of a proposed project on surrounding properties and to ensure overall consistency of the development project with the Zoning Code and the General Plan, specific conditions may be imposed on any site development permit approval.

(f)

Establishment of development. Site development permits, when approved, authorize new construction, reconstruction, building additions, or structural or site modifications at a particular location. Projects approved by site development permits must be established at the approved location within the time frame set by the approval authority. Time extensions to establish development may be granted by the Planning Commission. Site development permits shall expire and become null and void if any of the following activities do not occur within the timeframes established by the permit:

(1)

The issuance of a building permit for new construction (if said building permit expires, approval of site development permit shall become null and void);

(2)

The issuance of a certificate of use and occupancy for the establishment of the approved development; or

(3)

The commencement of operation of the use in cases where no construction or existing structure is involved.

(g)

Consistency of working drawings with approved plans. A site development permit approval shall pertain only to those plans reviewed and approved with the site development permit. Further, all plans approved with a site development permit shall be considered an integral part of the site development permit approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by a site development permit approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

The Planning Commission may extend the time period for meeting the preceding requirements for establishment of development. The Planning Commission shall hold a public hearing prior to action on such a time extension. Additional conditions may be imposed on a site development permit in conjunction with a time extension. However, such new conditions may only be imposed following a public hearing to receive testimony on the proposed additional conditions.

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Figure 9.8.10 Process for Site Development Permit

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007; Ord. No. 16-03, § 3, 4-13-2016)

Sec. 9.08.180. - Special event permit.

(a)

Introduction. The permit process for special events are established to allow certain events to take place for limited, defined periods at locations throughout the City, provided the uses are regulated so as to avoid adverse impacts on the communities in which they locate and are subject to the regulations established within Section 9.05.110. To ensure the mitigation of any adverse impact, even though temporary, a special event shall not be held unless the necessary permit has been obtained from the Development Services

Department and received clearances from the necessary City departments and other appropriate agencies (e.g., Orange County Fire Authority, Alcoholic Beverage Control, Orange County Health Care Agency, etc.).

(b)

Special event permit process.

(1)

An application for a special event permit may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Development Services Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

(2)

Events involving over 500 people may also require a site development permit pursuant to the provisions of Section 9.08.180. An application shall be filed pursuant to the provisions of Section 9.08.040.

(3)

An application for a special event permit shall be submitted no less than 30 days prior to the proposed first day of the event.

(4)

The special event may not commence until an indemnification agreement is signed by the applicant and submitted to the Development Services Director. The applicant shall also submit any other insurance requirements deemed necessary by the City Attorney.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

Sec. 9.08.190. - Specific plan.

(a)

Introduction. The specific plan provides a means to establish more specific land use regulations and design standards for properties requiring special attention and treatment (see Government Code §§ 65450— 65457). A specific plan serves as a policy and regulatory document, with policy direction and project development concepts consistent with the General Plan.

(b)

Specific plan initiation. The City Council shall identify those portions of the City where a specific plan is appropriate to meet the purposes of this specific plan designation. At the discretion of the City Council, specific plans may be prepared by the City or by persons representing affected property owners (Figure 9.08.11).

(c)

Specific plan requirements.

(1)

Relationship to other adopted regulations. Specific plans may either supplement or supersede all land use regulations applicable to the subject property, including all previously adopted ordinances, standards, and guidelines. In the event an inconsistency or conflict exists between standards adopted within a specific plan and comparable provisions of this Title, adopted infrastructure master plans, or development standards, the standards and regulations made part of the specific plan shall prevail.

(2)

Scope of a specific plan. Each specific plan shall identify specific land uses, standards, and criteria necessary for the development, maintenance, and use of the subject property in compliance with the policies and programs of the General Plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement, or supersede any adopted ordinance, regulations, and standards. Where not otherwise specifically referenced and addressed by a specific plan, all adopted ordinances, regulations, standards, and guidelines of the City shall apply.

(3)

Content.

a.

In addition to the minimum content requirements specified in Government Code § 65451, the following shall be included in all specific plans:

1.

Statement of the relationship of the specific plan to the General Plan.

2.

Policies for development and standards for regulating development within the plan area.

3.

The proposed land uses for all areas covered by the plan.

4.

General site design standards and guidelines for all developments.

5.

The location of and types of streets.

6.

Public facilities and infrastructure required to serve developments within the plan area.

Landscaping and parking lot treatments.

8.

Proposed conservation, open space and/or recreation areas, if any.

9.

Any other programs, guidelines or standards appropriate for the area covered by the plan.

(4)

If the land use regulations of the specific plan allow a site development permit or specific plan to authorize a development standard different than those identified by this Title for the proposed use or zoning district, such site development permit or specific plan shall always require a public hearing before the Planning Commission and findings be made pursuant to Section 9.08.050.

(d)

Proceedings. Except as provided below, specific plan applications shall be processed in accordance with the standard processing provisions of this Chapter (Figure 9.08.11):

(1)

Planning Commission recommendation. The Planning Commission recommendation to City Council on all specific plan applications shall be in the form of an adopted Resolution recommending approval, approval with modifications, or denial of the application.

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Figure 9.08.11 Process for Specific Plan

(2)

Following receipt of the Planning Commission recommendation, the City Council may approve the specific plan with or without modifications by adopting an Ordinance. The City Council may also deny the application.

(3)

Modifications. If the City Council proposes any substantial modification to the specific plan not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. Failure of the Planning Commission to act within 45 days of receiving the City Council's request shall provide the City Council with the authority to act without the recommendation.

(e)

Findings required. The City Council shall be required to make the following findings in acting to approve a specific plan and any amendment thereto:

(1)

The proposed specific plan is consistent with and provides for the orderly, systematic, and specific implementation of the General Plan.

(2)

The land use and development regulations within the specific plan are comparable in breadth and depth to similar zoning regulations contained in this title.

(f)

Specific plan amendment. Any specific plan may be amended by the same procedure as the specific plan (or portion thereof) is adopted. The City may initiate amendments to any portion of a specific plan. The following changes to a specific plan shall require a specific plan amendment:

(1)

Changes to the text or maps other than the addition of information that does not change the effect of any regulation.

(2)

Changes in any specific plan boundary.

(3)

Increase or decrease in the specified density for any area.

(4)

Changes in standards or regulations, including landscaping and design standards.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.08.200. - Subdivisions.

All subdivision plans, including but not limited to, tentative tract maps and tentative parcel maps, shall adhere to the requirements and regulations established within Chapter 9.10, Chapter 9.12 and the Subdivision Map Act established in Government Code §§ 66410 et seq.

The Planning Commission shall consider all subdivisions, including tentative tract maps and tentative parcel maps, for discretionary review through a public hearing, pursuant to Section 9.08.150. The City Council shall approve the final tract map or final parcel map once all conditions have been met.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 20-01, § 3, 1-8-2020)

Sec. 9.08.210. - Variance.

(a)

Introduction. This Section provides for the consideration of variances and exceptions to the regulations of this Title.

(b)

Variance to regulations.

(1)

Variances may be approved only when the City determines that, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Title deprives such property of privileges enjoyed by other properties in the vicinity under identical zoning classification.

(2)

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(3)

A variance shall not be granted to authorize a use or activity which is not otherwise expressly authorized in the zoning district (Chapter 9.03) governing the parcel.

(c)

Decision-making authority. The Planning Commission shall have the authority to approve, deny, or approve with conditions the variance application as shown in Figure 9.08.12. Application for a variance shall be filed with the Development Services Department. The Development Services Director shall prescribe the form of application and the supporting information required to initiate the variance application review. If the application is found to be incomplete, the Development Services Department will notify the applicant in writing within 30 days what additional information is required, and the application will not be processed until that information is received by the Development Services Department.

(d)

Findings required. No variance shall be approved unless the decision-making authority makes all of the following findings:

(1)

That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings such that the strict application of this Title would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. Economic hardship is not an appropriate special circumstance for making this finding.

(2)

That the granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

(3)

That the variance will not result in development which is otherwise inconsistent with the provisions of this Title.

(4)

That the variance will not result in development which is inconsistent with the goals, policies and objectives of the General Plan.

(5)

That the variance will be consistent with the objectives, policies and general land uses and programs specified in the City's General Plan;

(6)

That the variance is consistent with the provisions of this Title;

(7)

That the variance will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity; and

(8)

That the variance will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

(e)

Appeals. Decisions on variance applications may be appealed by the applicant or other interested party to the City Council in accordance with Section 9.08.100.

(f)

Expiration of variance. If construction (or other entitlement) authorized by an approved variance has not been commenced within one year of variance approval, the variance shall be null and void.

(g)

Consistency of working drawings with approved plans. A variance approval shall pertain only to those plans reviewed and approved with the variance. Further, all plans approved with a variance shall be considered an integral part of the variance approval. The Development Services Director shall ensure that any final working drawings for grading or construction authorized by a variance approval are consistent with said previously-reviewed plans prior to release of working drawings for plan check. The Development Services Director may approve minor variations from previously-reviewed plans if he/she determines that the original plan concepts are being carried out. If the Development Services Director does not make such a determination, the subject working drawings shall be referred to the decision-making authority for review and action.

(h)

Revocation. A variance may be revoked or modified, including the imposition of additional conditions, by the approving body upon a finding that the conditions of approval of the variance have not been met or that the land use is being operated in violation of other provisions of this Title. A public hearing shall be held in accordance with Section 9.08.150 prior to action on revocation or modification. The Development Services Director may schedule such a hearing upon his/her preliminary finding of noncompliance with any of the preceding requirements.

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Figure 9.08.12 Process for Variance

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, §§ 2, 3, 11-14-2007)

All land use and development review applications referenced in this Chapter (such as zone changes, conditional use permits, subdivisions, etc.) and all public works and other public projects shall undergo environmental review as an integral part of the process for such applications prior to consideration by the decision-making authority. Environmental review shall be carried out in accordance with the California

Environmental Quality Act, State Environmental Impact Report Guidelines, City's Environmental Guidelines, and other applicable regulations.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

(a)

Introduction. The certificate of use and occupancy approves residential and non-residential properties and structures to occupy a structure or lot with a specific use.

(b)

Applicability/requirements. No vacant land in any zoning district established under the provisions of this Title shall hereafter be occupied or used, and no building hereafter erected, structurally altered or moved in any such zoning district shall be occupied or used until a certificate of use and occupancy has been issued by the Development Services Director and Building Official.

(c)

Certificate of use and occupancy process. The applicant shall submit a signed certificate of use and occupancy application to the Building Department.

The Development Services Director and Building Official will review the application for completeness and shall either approve or deny the application within 30 days.

Decisions of the Development Services Director and the Building Official may be appealed to the Planning Commission within 15 days pursuant to Section 9.06.100.

(d)

Findings required for a certificate of use and occupancy. Prior to approval of a certificate of use and occupancy, the Development Services Director shall make findings that the proposed use is able to meet the general requirements contained within this Title.

(e)

Issuance. Signature of the Development Services Director and the Building Official on the completed certificate of use and occupancy shall signify issuance of the permit. Such permit shall only become valid after the designated 15-day appeal period has expired.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.08.240. - Closing of inactive permit applications.

(a)

A permit application filed under this Title 9 shall be considered inactive and closed if the applicant fails to submit, resubmit, or respond to a request for materials, or additional information within 180 calendar days

from the date the application was deemed incomplete. Once closed, the application materials will be archived by the Development Services Director in accordance with the City's records retention policies. To reapply, the applicant shall submit a new permit application with required submittal materials and applicable fees in effect on the date the new application is submitted.

(b)

The provisions of this Section shall apply to all pending permit applications on file with the Development Services Department as of the effective date of this Section.

(Ord. No. 21-01, § 2, 5-12-2021)

Chapter 9.09 - Fees

Sec. 9.09.010. - Establishment of fees.

By resolution, the City Council shall establish fees necessary to implement the provisions and standards of this Title. As part of such resolution, the City Council shall establish the amount of fees and guidelines for the collection of such fees. From time to time, these fees may be updated by the City Council by resolution.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.020. - Fees required by City.

(a)

Each applicant shall pay applicable fees concurrently with the filing of the following applications:

(1)

Tentative tract maps and parcel maps;

(2)

Construction plans, building plans, building improvements, building additions;

(3)

Final maps, parcel maps, lot line adjustments, easement modifications, license agreements, certificates of compliance, and records of survey;

(4)

Administrative approvals;

(5)

Zone changes;

(6)

Building and grading permits;

(7)

Conditional use permits;

(8)

Variances;

(9)

Signs; (10) Appeals;

(11) General Plan amendments; (12)

Environmental impact reports; (13)

Site plans/site development permits;

(14)

Specific plans and feature plans;

(15)

Certificates of occupancy;

(16) Certificates of use;

(17) Street names and street signs;

(18) Development agreements;

(19) Address changes;

(20)

Use determinations;

(21)

Special event permits;

(22)

Home-based occupation permits; and

(23)

Any other application requiring a fee as established by resolution of the City Council.

(b)

In addition, each developer shall pay, if applicable:

(1)

Map and plan check fees at time of filing map;

(2)

Inspection fees prior to approval of plans or issuance of certificates;

(3)

Applicable infrastructure and service fees per Section 9.09.030 prior to issuance of building permit; and

(4)

Any other applicable fees as established by resolution of the City Council.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Editor's note— Ord. No. 07-03, § 4(Exh. A), adopted April 11, 2007, enacted provisions intended for use as Subsections (1) and (2). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as Subsections (a) and (b).

Sec. 9.09.030. - Fees required by other agencies.

The fees required by an outside agency shall be paid to that agency in accordance with the regulations of that agency. Proof of payment of certain fees may be required prior to issuance of final approval or permits for a project depending on conditions placed on the project during project processing and/or environmental review.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.040. - Payment of fees.

Unless specifically waived or deferred by resolution of the City Council, all the fees authorized by the provisions of this Section shall be paid prior to the granting of any approval, the issuance of any permit, or the taking of any other action requiring the payment of such fees.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.050. - Deposits.

Any person making an application for any improvement or development process requiring a deposit shall be required to make a security deposit pursuant to the terms and conditions established by the City Council by Resolution or Ordinance. Proof of payment of the deposit will be required prior to processing the application.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.060. - Refund of fees.

If an application is withdrawn prior to the advertising of a public hearing, the applicant may be entitled to a partial refund depending upon the amount of deposits paid by the applicant, and the amount of staff time and other reimbursable costs expended by the City processing the application up to the point of its withdrawal.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.070. - Bonds.

The following bonds shall be required, where applicable:

(1)

Faithful performance bonds;

(2)

Labor and materials bonds;

(3)

Development obligation bonds;

(4)

Maintenance warranty bonds;

(5)

Monumentation bond;

(6)

Grading and drainage bond; and

(7)

Any other applicable bonds.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.09.080. - Surety devices in lieu of bonds.

The City may require a letter of credit, cash bond, or certificate of deposit on forms approved by the City Attorney.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Chapter 9.10 - Subdivision Code

Sec. 9.10.010. - General provisions.

(a)

Title. This Chapter may be cited as the Rancho Santa Margarita Subdivision Code.

(b)

Purposes.

(1)

The purpose of this Chapter is to provide regulations and control of the design and improvement of subdivisions in the City, in accordance with the Subdivision Map Act (Government Code §§ 66410 et seq.).

(2)

Other purposes of this Chapter are:

a.

To implement the General Plan;

b.

To provide regulations and controls, within the law, over the use of land in the City for the health, safety and welfare of present and future residents of the City; and

c.

To provide a procedure for lot line adjustments in the City.

(c)

Prohibitions.

(1)

No person shall offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map is required by this Chapter, until such map thereof, in full compliance with the provisions of this Chapter and the Subdivision Map Act, has been filed for record by the County Recorder.

(2)

No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this Chapter until such map thereof, in full compliance with the provisions of this Chapter and the Subdivision Map Act, has been filed for record by the County Recorder.

(3)

No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this Chapter shall be granted by any officer or employee of the City or by the Planning Commission or the City Council unless a certificate of compliance has been issued and recorded for the property to be developed in accordance with Section 9.10.150.

(d)

Development Services Director. The Development Services Director shall be responsible for enforcing the provisions of this Chapter.

(e)

Subdivision manual. The Development Services Director shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this Chapter. Such rules, procedures and interpretations shall be made available to the public at a cost sufficient to pay for printing.

(f)

Processing and filing fees. Fees to cover the costs incurred by the City in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this Chapter shall be paid to the City in compliance with the fee resolution adopted by the City Council.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.10.020. - Definitions.

(a)

Map Act prevails. The definitions in the Subdivision Map Act shall govern the meaning of words in this Chapter, except as follows:

(b)

Zoning Code, Grading Code—Map Act definitions apply. Unless otherwise defined in this Chapter, words and phrases used in this Chapter shall be deemed to have the same meaning as applied to them in this Title, Chapter 10.12 and the Subdivision Map Act.

(c)

Subdivision Code definitions.

(1)

Master plan of drainage. Refers to an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the City, and duly adopted by the City Council.

(2)

Vehicular access rights. Refers to the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.10.030. - Types of maps permitted.

(a)

Tentative tract maps. A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by Subsection (b) or (e).

(b)

Tentative parcel maps. A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating fewer than five lots, fewer than five condominium units, or a community apartment project containing fewer than five apartment units, or where:

(1)

The land before division contains fewer than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by City standards have been previously complied with;

(2)

Each parcel proposed to be created by the subdivision will have a gross area of 20 acres or more and vehicular access rights for a continuous width of not less than 20 feet to a maintained public street or highway;

(3)

The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts a street or highway which have been approved by the City as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or

(4)

Each parcel proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than one quarter of a quarter Section.

(c)

Final tract maps. A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this Chapter, the Subdivision Map Act and the City's procedures.

(d)

Final parcel maps.

(1)

A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of Subsection (b)(3). A final parcel map may also be recorded on portions of a tentative parcel map when such portions comply with the specifications of Subsections 9.10.030 (b)(2), (3) or (4). It shall be filed in compliance with the provisions of this Chapter, the Subdivision Map Act and the City's procedures.

(2)

A final parcel map shall be based upon a field survey except that a parcel map may be compiled from record data when the City Engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act.

(e)

Exceptions. Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified.

(1)

A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by Subsections a. through h. may be submitted in compliance with the certificate of compliance procedure as stated in Section 9.10.150. Neither a tentative or final tract or parcel map is necessary for the following:

a.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

b.

Mineral, oil or gas leases;

c.

Land dedicated for cemetery purposes under the Health and Safety Code of the State;

d.

Leases of agricultural land for agricultural purposes;

e.

Subdivisions in which every parcel has a gross area of 60 acres or more;

f.

Lot line adjustments;

g.

Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map may be required if the Development Services Director determines that a map is necessary for purposes of public health and safety or for the general welfare;

h.

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(2)

A final map is not required when waived pursuant to the provisions of Section 9.10.130.

(3)

A request for certificate of compliance may require a tentative map, as specified by the Development Services Director.

(f)

Vesting tentative maps. A vesting tentative map is a map which confers a vested right to proceed with development for a specified time after recordation.

(1)

A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

(2)

A vesting tentative map shall be identified on the submittal as a "vesting tentative map."

(3)

A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per Subsection (4).

(4)

Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning code in effect at that time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of Subsection 9.10.050(h).

(5)

A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements herein.

(6)

The provisions of Subsection 9.10.050(l) shall apply to an approved or conditionally approved vesting tentative map.

(7)

The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in Government Code §§ 66498.1 through 66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right.

(8)

The provisions of Subsection 9.10.050(k) shall apply to an approved or conditionally approved vesting tentative map.

(9)

Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the City Council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps including extensions of time.

(10)

Fees for development permits (e.g., building and grading permits) filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)

Sec. 9.10.040. - Requirements for filing tentative maps.

(a)

Types of maps covered. This Section pertains to tentative parcel maps and tentative tract maps.

(b)

Form and contents. Tentative maps shall conform with such requirements as to form and contents as may be specified in the City's procedures.

(c)

Who may file. Any property owner who proposes to subdivide his/her property may file a tentative map. Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.

(d)

Certification of ownership and irrevocable offers of dedication.

(1)

Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by the legal description of the real property proposed for subdivision.

(2)

When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map.

(3)

When any portion of a tentative map includes property on which an irrevocable offer of dedication has been made to a public agency, such portion shall be clearly identified on the tentative map.

(4)

Any agency to which an irrevocable offer of dedication has been made shall sign the final tract/parcel map which includes the area over which the irrevocable offer has been made.

(e)

Title report. Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided when determined to be necessary by the Development Services Director.

(f)

Environmental documents. Tentative maps shall be accompanied by appropriate environmental documents in accordance with the California Environmental Quality Act.

(g)

Soils report.

(1)

Unless the requirement is waived by the Director pursuant to Subsection (2) or deferred pursuant to Subsection (3), tentative maps shall be accompanied by a preliminary soils report based upon adequate test borings and prepared by a registered civil engineer. 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 report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage.

(2)

The Development Services Director may waive the preliminary soils report required by Subsection (1) for tentative tract maps where he/she determines that it is unnecessary because the City already has sufficient information as to the qualities of the soils in the proposed subdivision and for tentative parcel maps.

(3)

The Development Services Director may defer the requirement for a preliminary soils report until the submission of a final tract or parcel map.

(h)

Additional information.

(1)

Tentative maps shall be accompanied by such additional information as may be specified by the Development Services Director. The Development Services Director shall have the authority to include among such requirements geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans, including building setback lines; evidence from the proposed sewering agency and water supplier with respect to their capacity of serving the proposed subdivision; fire protection and fuel modification reports; and any other information reasonably relevant to proposed subdivisions.

(2)

The Development Services Director may require supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

(3)

The Development Services Director may require the submission of additional information after the filing of tentative maps as necessary.

(i)

Filing. Tentative maps submitted for approval shall be filed with the Development Services Director, who shall accept such maps only when he/she determines that the requirements for filing a tentative map established by this Chapter and the Subdivision Map Act have been satisfied. The date the tentative map is filed shall be the date that the Development Services Director determines that the application is complete and can be accepted for processing. If the application is not complete, the applicant shall be notified in writing within 30 days of the date the processing fees were collected of that fact and of the matters necessary to complete the application. Each tract and parcel map shall be identified by a number prominently displayed on the face of the map issued by the County Surveyor. The time for processing tentative maps, as set forth in Subdivision Map Act §§ 66452, 66452.1 and 66452.2 begins when the application is deemed complete.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007; Ord. No. 07-07, § 2, 11-14-2007)