Article 1 — General Provisions

This chapter, which may be cited as the “City of San Juan Capistrano Subdivision Ordinance,” is adopted pursuant to Article XI, Section 7 of the California Constitution, and Government Code Section 66410 et seq., herein cited as the “Subdivision Map Act.” The purpose of this chapter, and any City standards adopted to implement this chapter, is to regulate and control the division of land within the City of San Juan Capistrano and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the City’s official approval of all required maps. This chapter and all actions taken pursuant to it are necessary to preserve and protect the public health, safety, and general welfare; to implement the City’s General Plan and Land Use Code, applicable specific plans, and other applicable provisions of the City’s Municipal Code pertaining to land development or development projects; to assure sufficient public infrastructure and facilities for adequate traffic circulation, water, utilities and public services, sanitary sewer and storm drain facilities, to promote orderly growth and development and proper use of land; and to provide for the efficient use and conservation of resources and preserve the unique character of the City. (Ord. No. 938 § 2, 2008)

This chapter shall apply to any division of land within the City and shall control the preparation, processing, and approval of all tentative maps, final maps, parcel maps, common interest subdivisions, lot line adjustments, lot mergers, reversions to acreage, exceptions, and waivers. (Ord. No. 938 § 2, 2008)

A tentative map, parcel map, or final map shall not be required as set forth in California Government Code Section 66412 .

(Ord. No. 938 § 2, 2008)

All persons submitting maps or other development applications required by this chapter shall pay all fees and deposits required by this chapter, in the amount prescribed by resolution of the City Council at the time the fees are due and payable, except as otherwise authorized by City ordinance. These fees shall include, but are not limited to plan check fees, processing fees, inspection fees, mitigation fees, and impact fees. (Ord. No. 938 § 2, 2008)

Pursuant to the authority of Government Code Section 66474.9 , the City may require, as a condition of approval of any tentative or parcel map or other subdivision approval, that the subdivider indemnify, defend and hold harmless the City and its elected and appointed officials, officers, agents and employees (“Indemnitees”) from any claim, action, or proceeding, whether judicial, quasi-judicial, administrative, legislative or otherwise, against the Indemnitees to attack, set aside, void, or annul an approval of the City or an Indemnitee, concerning a subdivision, which claim, action or proceeding is brought within the time period provided for in Government Code Section 66499.37 . The City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in the defense. (Ord. No. 938 § 2, 2008)

• (a) Director of Planning Services. The responsibilities of the Director of Planning Services shall include, but are not limited to:

  • (1) To develop forms, procedures, and policies necessary for the processing of applications for tentative and parcel maps, reversions to acreage, and other land use actions as provided for in this chapter.

  • (2) To review and make recommendations to the Planning Commission and City Council with respect to an application’s conformance with the General Plan, Land Use Code, applicable specific plan or comprehensive development plans, and other applicable land use regulations.

  • (3) To ensure that proper environmental review procedures have been conducted, and that proper notice has been provided on all tentative subdivision applications, pursuant to the California Environmental Quality Act (CEQA), the City’s CEQA Guidelines, and this title.

  • (4) To confirm that a final map or parcel map is in substantial conformance with the approved tentative map.

  • (5) To review lot line adjustments and lot mergers for compliance with General Plan and zoning requirements, and conduct environmental review on these actions when required.

When necessary to carry out these responsibilities, the Planning Director may authorize a designee to act on the Planning Director’s behalf.

• (b) City Engineer. The responsibilities of the City Engineer shall include, but are not limited to:

  • (1) To develop forms, standards, and procedures for final maps, parcel maps and waivers, reversions to acreage maps, amending maps, lot line adjustments, lot mergers, certificates of correction, notices of violation, and certificates of compliance, pursuant to this chapter, and in consultation with the Planning Director.

  • (2) To review and approve lot line adjustments and lot mergers.

  • (3) To develop and make recommendations to the Planning Commission and City Council engineering design standards, setting forth design and construction details, and improvement standards and specifications.

  • (4) To process final maps, parcel maps and waivers, reversion to acreage maps, map amendments, certificates of correction, notices of violation, certificates of compliance, subdivision improvement agreements, and deferred improvement agreements, pursuant to this chapter.

When necessary to carry out these responsibilities, the City Engineer may authorize a designee to act on the City Engineer’s behalf, in accordance with State law.

• (c) Planning Commission. The Planning Commission is hereby designated as the Advisory Agency regarding subdivisions, and shall have the authority to review and make recommendations to the City Council to approve, conditionally approve, or deny applications for tentative subdivision maps and extensions thereto.

• (d) City Council. The City Council shall have the authority to act as follows:

  • (1) To approve, conditionally approve, or deny applications for tentative maps and tentative parcel maps, and extensions thereto.

• (2) To approve final subdivision maps and parcel maps, reversion to acreage maps, and subdivision improvement agreements and securities.

  • (3) To review and approve amended maps pursuant to Government Code Section 66472.1 .

  • (4) To accept land or improvements that are proposed for dedication upon final or parcel maps.

  • (5) To approve and accept public improvements constructed as part of a final or parcel map, and to approve deferred improvement agreements.

• (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

• (a) 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, for which a final or parcel map is required by the Subdivision Map Act and this chapter, until such map, in full compliance with the Subdivision Map Act and this chapter, has been filed for record with the office of the County Recorder.

• (b) Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act and this chapter shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed for record by the Office of the County Recorder.

• (c) This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including this chapter, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

• (d) Nothing contained in subsection (a) of this section shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where such sale, lease, or financing, or the commencement of such construction, is expressly conditioned upon the approval and filing of a final map or parcel map, as required under the Subdivision Map Act and this chapter.

• (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

• (a) Any deed of conveyance, sale, or contract to sell real property which has been prepared in violation of the provisions of the Subdivision Map Act or this chapter is voidable at the sole option of the buyer, or any personal representative, within one year after the date of discovery of such violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the buyer and upon the grantor.

• (b) The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided in violation of the provisions of the Subdivision Map Act and this chapter. The authority to deny or approve such a permit shall apply whether the applicant therefor was the owner of record at the time of such violation, with or without actual knowledge of the violation at the time of the acquisition of an interest in such real property.

• (c) If the City issues a permit or grants approval for the development of any real property illegally subdivided, the City may impose any additional conditions which would have been applicable to the division of property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of property. If a conditional certificate of compliance has been filed for record in accordance with the provisions of this chapter, only those conditions or stipulations in that certificate shall be applicable. In such circumstances, a property owner may first apply for and obtain a certificate of compliance or conditional certificate of compliance, pursuant to Section 94.405

• (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

If the City Engineer has knowledge that real property has been subdivided in violation of the provisions of the Subdivision Map Act or this chapter, a Notice of Intention to Record a Notice of Violation shall be mailed by the Engineering Department, by certified mail, to the current owner of record, pursuant to Government Code Section 66499.36 , and the process and review of a notice of violation will be conducted as set forth in that section. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)