Article 2 — Tentative Maps

• (a) Pursuant to Government Code Section 66428 , a tentative map shall be required where a parcel map would otherwise be allowed by the Subdivision Map Act in the following circumstances:

  • (1) A vesting right conferred by Chapter 4.5 of the Subdivision Map Act is sought by the subdivider; or

  • (2) Access from the public right-of-way to the proposed lots within the subdivision of commercially or industrially zoned land is provided through easements or reciprocal parking and access agreements, rather than by direct frontage to publicly dedicated and improved roadways.

• (b) A tentative map and final map will be required where successive divisions by the same or different related subdivider result in a total of five or more lots.

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

• (a) A tentative map and final map shall be required for all subdivisions creating five or more lots, five or more condominiums, a community apartment project containing five or more dwelling units, and for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

  • (1) The land before division contains less than five acres, where each lot created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City; or

  • (2) Each lot created by the division has a gross area of 20 acres or more and has a City approved access to a maintained public street or highway; or

  • (3) The land consists of a lot or lots of land having City approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City Council as to street alignments and widths.

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

Except as otherwise provided in Section 9-4.201 , a parcel map shall be required for all subdivisions creating four or fewer lots, four or fewer condominiums, a community apartment project containing four or fewer dwelling units, and for the conversion of the dwelling to a stock cooperative containing four or fewer units, except that parcel maps shall not be required for the following:

• (a) Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Public Utilities Code Section 230 , which are created by short-term leases terminable by either party on not more than 30 days written notice; or

• (b) Any interest in land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility, for rights-of-way where such conveyance has been reviewed in accordance with this chapter, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map; or

• (c) Lot line adjustments between two or more adjoining parcels, in accordance with this chapter; or

• (d) The merger of contiguous parcels under common ownership, subject to the recordation of an instrument evidencing the merger, such instrument to be approved in accordance with this chapter.

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

• (a) Before any tentative map, or request for extension thereto, is accepted for filing, the subdivider shall file with the Planning Department a completed application form along with applicable fees as established by City Council resolution, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City’s official application form. The Director of Planning Services and the City Engineer may, from time to time, amend the official application form and the map submittal requirements specified thereon. Tentative maps shall be prepared in a size, form, and manner acceptable to the Director of Planning Services and the City Engineer, and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet and shall contain all information required by the official application form and any requirements identified during the preliminary review of the map by the City. Applications for vesting tentative maps shall conform with Section 9-4.237 of this chapter. The Director of Planning Services and the Development Advisory Board may modify any of the above tentative map submittal requirements through the preliminary conceptual review process, if the type of subdivision does not need to comply with these requirements, or if other circumstances justify a modification or a waiver. The Director of Planning Services and Development Advisory Board may require other drawings, data, reports, or information deemed necessary to accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act (CEQA), and this chapter.

• (b) Tentative tract map shall include, but not be limited to the information that is set forth below as required by the Planning Director and City Engineer.

  • (1) The tract number;

  • (2) The legal description of the tract boundaries;

  • (3) The names, addresses, and telephone numbers of the record owner, developer, and registered civil engineer or licensed land surveyor preparing the map;

  • (4) The North arrow, the map scale, the total area of the property, and the date;

  • (5) The width and approximate locations of all easements, both existing and proposed, within or contiguous to the property;

  • (6) The street names of all existing highways and streets within or contiguous to the property to be subdivided;

  • (7) The locations, widths, and approximate grades of all proposed and existing highways, streets, alleys, pedestrian ways, equestrian trails, and bicycle trails within or contiguous to the property;

  • (8) The approximate radius of curvature of all proposed and existing center line curves of the streets, highways, and alleys;

  • (9) The lettered names of all proposed streets and highways;

  • (10) The lot layout and approximate dimensions of each lot. A lot number shall be assigned to each lot;

  • (11) The location of all areas subject to inundation or flood hazard from a 100-year storm;

  • (12) The location of all areas considered to be high risk due to seismic activity;

• (13) The location of all existing structures within the tract (noted if to be removed) or within 100 feet of the boundaries of the tract;

  • (14) The location of the existing wells and cesspools within the tract (noted if to be removed) or within 100 feet of the boundaries of the tract;

  • (15) The approximate location and size of the proposed public utilities; (16) The invert elevations of existing sewers and storm drain facilities at the proposed points of connection; (17) The contour lines of the existing terrain within the tract and 100 feet beyond all exterior property lines; (18) The proposed grading operations;

  • (19) The boundary conditions, as set forth in Section 9-4.307 Conformity of Boundaries with Surrounding Properties, of the proposed construction, including a distance of 100 feet beyond the subject property limits;

  • (20) The location of all park and/or school sites to be dedicated or reserved for the public;

  • (21) A general location map;

  • (22) All existing major trees, landmarks, and utilities; and

  • (23) The additional data or information required by the City.

• (c) The entire subdivision shall be indicated on one sheet at a scale of 100 feet to the inch. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

• (a) Required. A soil report, prepared by a civil engineer registered in the State and certified engineering geologist, based upon adequate test borings, shall be submitted to the City Engineer when a tentative tract map or tentative parcel map is submitted. Said reports shall satisfy the provisions for preparation of soils reports as approved by the Director of Engineering and Building Services.

• (b) Waivers. A preliminary soil report may be waived by the City Engineer provided he or she finds that, due to the knowledge the City has of the qualities of the soils on the subject property, no preliminary analysis is necessary.

• (c) Soil investigations. If the City has knowledge of, or the preliminary soil report indicates, the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required by the City Engineer. Such investigations shall be performed by a civil engineer, registered in the State and certified engineering geologist, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problem exists.

The City may approve the subdivision, or portion thereof, where such soil problems exist if the City determines that the recommended action is likely to prevent structural damage to each structure to be constructed. The City may require, as a condition of the issuance of any building permit, that the approved corrective action be incorporated in the construction of each structure.

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

All divisions of land pursuant to this chapter shall conform to those development standards set forth in the Land Use Code and any applicable specific plan or comprehensive development plan for the zone district in which the property proposed to be divided is located at the time the application for the tentative map is deemed complete; with the City’s General Plan, including all maps, goals, objectives, policies and implementation measures, in effect at the time the tentative map is approved.

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

The Planning Department shall notify the applicant of its determination of completeness of the subdivision application, as required by Government Code Section 65943 . The applicant shall have the right to appeal a decision that an application is incomplete, pursuant to Government Code Section 65943(c) and Section 9-2.311 of this Code. The subdivider shall supply the requested plans and/or information within 60 calendar days of the notice of incomplete filing, or pursuant to the provisions of Section 9-2.301(h)(5) the Planning Department may return any unused application materials to the applicant and refund any unexpended portion of the application fee. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

Pursuant to Government Code Section 66455.7 , notice of a proposed subdivision shall be provided to the Capistrano Valley Unified School District within five days of the application being deemed complete. Notice of a proposed subdivision shall also be provided to other affected agencies, which may include but are not limited to California Department of Transportation, County of Orange Flood Control District, Orange County Fire Authority, nearby cities, transit providers, rail providers, and other utilities or service providers. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

After determination that the tentative map application is complete, the Environmental Administrator shall comply with the provisions of the California Environmental Quality Act (CEQA) in accordance with the time periods specified in Public Resources Code Section 21151.5 .

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

Notice of public hearing on tentative maps considered by the Planning Commission and City Council shall be given pursuant to Government Code Section 65091 and Section 9-2.302(f) of the Land Use Code. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

• (a) The City Council shall hold a public hearing on the map, and upon making all findings required in Section 94.223 , shall approve, or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by Public Resources Code Section 21151.5 and Government Code Section 66452.2 .

• (b) The time frames in subsection (a) may be extended by up to 90 days by mutual consent of the subdivider and the Director of Planning Services. Additional extensions may be permitted as provided by statutory law or court decisions.

• (c) In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved pursuant to Government Code Section 66452.4 , then the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.

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

• (a) Any tentative map may be approved only if the City Council makes all of the following findings:

  • (1) The proposed map is consistent with the General Plan and any applicable specific plan or comprehensive development plan.

  • (2) The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable specific plan or comprehensive development plan.

  • (3) The site is physically suitable for the type of development.

  • (4) The site is physically suitable for the proposed density of development.

  • (5) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

  • (6) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

• (b) With regard to subsection (a )(6) of this section, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

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

Not less than 14 days prior to the City Council taking action on a proposed tentative subdivision, the applicant shall file a statement with the Planning Department that expresses the applicant’s concurrence with, or objection to, any draft conditions of approval expected to be applied to the subdivision by the City Council. An applicant’s objection to a condition or conditions of approval will not limit the City Council’s ability to apply any conditions deemed necessary to ensure that the proposed subdivision conforms to the findings contained in Section 9-4.223 and does not represent a

risk to public health, safety and welfare. Failure to file such a statement may be cause to delay the City Council’s action on the applicant’s tentative map.

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

• (a) Approved tentative maps and/or their conditions of approval may be amended upon application by the subdivider, or, with consent of the subdivider, by action initiated by the Director of Planning Services or City Engineer, pursuant to this section.

• (b) Minor modifications may be processed administratively without notice or public hearing pursuant to the procedure in Section 9-2.303 , provided that the proposed changes are consistent with the intent of the original map approval, and there are no resulting violations of this chapter or the Municipal Code. The following modifications are considered minor:

  • (1) Modifications to lot area or dimensions for 10% or fewer of the total number of lots in the subdivision, provided that there is no increase or decrease in the total number of lots within the subdivision and that any such modifications are consistent with the Land Use Code and General Plan;

  • (2) Modifications to the horizontal alignment of two feet or less, or vertical alignment of one foot or less, of any cul-de-sac, local or collector roadway, when such modification does not affect off-site property;

  • (3) Modifications to the finished grades of any lot of two feet or less;

  • (4) Requests for administrative time extension for a phased map, pursuant to Section 9-4.229(e)(3); or

  • (5) Any other minor changes which, in the determination of the Planning Director and City Engineer, do not involve substantial changes to the map or the conditions of approval.

• (c) Except as set forth in subsection (a) of this section, any other amendment or modification of an approved or conditionally approved map shall be processed as a major modification, following procedures set forth in this chapter for tentative map approval, except that approval of such modification shall not alter the original expiration date of the tentative map.

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

• (a) The initial approval or conditional approval of a tentative map shall expire 24 months from its adoption by the City Council. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map in accordance with the provisions of this chapter. Once a complete and timely filing of a final map, as described in Section 9-4.305 has been made by the subdivider to the City Engineer, the final processing, approving and recording may lawfully occur after the date of expiration of the tentative map; however, should the City Engineer determine that a complete and timely filing has not been received, then the tentative map shall expire on its expiration date, unless a complete and timely filing is received prior to that date.

• (b) In order for the City Engineer to determine that a final map filing is complete, all the items required by Section 94.307 , the conditions of approval, the Subdivision Map Act, and the Orange County Recorder’s Office must be submitted in a complete and acceptable form.

• (c) A final map shall be deemed in substantial conformance with the approved tentative map if the Director of Planning Services finds, in consultation with the City Engineer, that all of the following criteria are satisfied:

  • (1) The final map is in compliance with all conditions of approval applied to the tentative map.

  • (2) Less than 10% of the total number of lots in the subdivision have been modified in their configuration, and no increase or decrease in the number of lots has occurred, and any modification of lots has been approved as a minor modification pursuant to Section 9-4.423.

  • (3) No cul-de-sac, local or collector roadway has been modified by more than two feet in horizontal alignment or more than one foot in vertical alignment, and any change in alignment has been approved as a minor modification pursuant to Section 9-4.423.

  • (4) The design or location of any required infrastructure improvement, including flood control structures, open space landscape areas, utility easements, major and secondary arterial roadways and primary or secondary access roads, have not been modified in such a way as to reduce their utility, cause increased maintenance expense, or jeopardize public health and safety, as determined by the City Engineer.

  • (5) The final map accurately portrays approved phasing plans.

  • (6) The grading concept approved for the tentative map has not been modified in such a way as to increase the area or volume of off-site grading, substantially increase on-site slope heights, or increase the grade differential between approved and proposed pad elevations by more than two feet.

  • (7) The final map is reflective of the requirements, standards, design and intent of the approved tentative map, as determined by the Planning Director and City Engineer.

• (d) If the filing of multiple final maps is authorized under the tentative map approval pursuant to Section 9-4.231 (Phasing) and the City Engineer determines that conditions of approval of the tentative map require an expenditure in the amount specified under Government Code Section 66452.6(a) , including specified adjustments for inflation, for public improvements or public rights-of-way outside the boundaries of the tentative map (excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided) and which are reasonably related to the development of that property, then the tentative map shall be extended for 36 months upon the timely filing of the first phase of the final map within the original approval period of the tentative map.

  • (1) Except as provided in subsection (c)(2) below, the timely filing of subsequent final maps authorized under the tentative map approval pursuant to this subsection shall extend the life of the tentative map for a period of 36 months from the date of the previously filed final map, provided that such extensions shall not extend the tentative map more than 10 years. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement.

  • (2) If two or more final maps from the same tentative map are filed within any period of 12 consecutive months, the applicant shall only be entitled to one automatic extension, pursuant to Government Code Section 66452.6(a) and this section.

• (3) A request by a subdivider for the granting of an automatic time extension shall be processed as an administrative modification of the tentative map, pursuant to Section 9-2.303 . All conditions of approval for the original tentative map shall be applied to the extension request, except for changing the expiration date.

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

• (a) Multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map.

• (b) If the subdivider plans to file multiple or phased final maps on the tentative map, the subdivider shall so indicate, at the time the tentative map application is submitted, by submittal of a proposed phasing plan, and a description of the phasing of infrastructure and improvements. The proposed phasing shall be reviewed by the Development Advisory Board, Planning Commission and City Council and shall be made a part of the approval of the tentative map. If, after approval of an unphased tentative map, the subdivider requests to submit multiple final maps or requests to modify previously approved phase boundaries or order of development, the phasing plan shall be reviewed as a major modification to the approved tentative map pursuant to the same procedures used to review a new tentative map. New conditions of approval may be added relating to the proposed phasing and any improvements deemed necessary to implement orderly development of the phasing.

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

• (a) The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing an application for discretionary time extension with the Planning Department prior to the expiration of the tentative map. Upon the filing of the extension request, the map shall automatically be extended for 60 days or until the application is acted upon, whichever occurs first. The application for an extension of time shall be subject to the same review process as the application for a tentative map as specified in this chapter, and the subdivider shall pay all applicable fees. Environmental review shall be conducted in accordance with

CEQA and the City’s CEQA Guidelines. Notice and an opportunity to be heard on the tentative map extension shall be provided pursuant to the public hearing procedures in Section 9-2.302(f) . The City Council may deny an extension of time. The expiration date of a tentative map may be extended by the City Council for a period or periods up to but not exceeding a total of three years beyond the original expiration date.

• (b) Extensions granted under this section shall not include any period of time during which a development moratorium is in effect.

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

• (a) Pursuant to Government Code Section 66424.1 , a subdivider may file more than one tentative map to subdivide a unit of land, prior to the time that the first subdivision is reflected in the County Assessor’s rolls. However, no consecutive map(s) shall rely on, or reference, any previously approved tentative map for which a final map has not yet been recorded, for the following purposes:

  • (1) For legally describing the area to be subdivided;

  • (2) For determining required legal and physical access; (3) For identifying existing or planned improvements; or

  • (4) For establishing conditions of approval for the consecutive tentative map.

• (b) When a consecutive final map is filed on land that has been previously subdivided, the effect of the recordation of that map will be a legal merger of the separate parcels and the resubdivision of such merged parcel.

• (c) When a consecutive parcel map is filed on land which has been previously subdivided or on which a tentative map has been approved, the underlying parcels will not be merged unless said consecutive parcel map is filed pursuant to Section 9-4.239 (Reversion to Acreage) of this chapter, and once recorded, the consecutive parcel map shall have the effect of creating parcels which may contain subdivided or tentatively subdivided parcels for the purpose of sale, lease, or financing.

• (d) Nothing in this section shall limit the City from applying reasonable conditions of approval to consecutive maps. (§ 2 Exh. B, Ord. 938, eff. July 3, 2008)

• (a) Authority. Except as otherwise specifically provided herein, the provisions of this section shall apply to the filing, processing and review of vesting tentative maps as the term is defined in Sections 66424.5 and 66452 of the Government Code and the provisions of this Land Use Code. To accomplish this purpose, the regulations outlined in this article are determined to be necessary for the preservation of the public health, safety and general welfare and the promotion of orderly growth and development.

• (b) Applicability. This section shall be applicable to all vesting subdivisions. Whenever a provision of the Subdivision Map Act or this chapter requires the filing of a tentative map for a subdivision, a vesting map may instead be filed, in accordance with the provisions of this chapter.

• (c) Consistency. The approval of a vesting tentative map shall be consistent with the General Plan, Land Use Code, any applicable specific plan or comprehensive development plan, and any other applicable City standards in effect at the time the vesting map application was deemed complete by the Planning Department. If a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with City standards in effect at the time the application is deemed complete, the City may deny such a vesting tentative map or approve it conditioned on the subdivider obtaining the necessary change in zoning to eliminate the inconsistency. If the change in zoning is obtained, the approved or conditionally approved vesting map shall confer the vested right to proceed with the development in substantial compliance with the change in zone and the map as approved.

• (d) Filing and processing vesting maps. A vesting tentative map shall be filed on the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided:

  • (1) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

  • (2) The application for a vesting tentative map shall contain all information, materials, and reports required under Section 9-4.207 and the information stated below, except additional information as otherwise required by the City Engineer:

    • (A) The intended size, location, and use of all buildings;

    • (B) Grading plans;

    • (C) Plan and profile geometrics for proposed roadways; (D) Locations of and designs for sanitary sewer, water and storm drain facilities; and

    • (E) Written documentation that all off-site easements required for the project have been acquired.

• (1) The City Engineer may request additional studies necessary to conclude that infrastructure improvements are adequate to serve the proposed subdivision and will be compatible with future development of the surrounding area. If the subdivision is proposed to be phased, a phasing plan detailing infrastructure improvements to be installed with each phase, together with interim facilities to be utilized, will be required.

     - (2) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development, including architectural control, conditional use permit, site plan review, variance, or other discretionary application, have been obtained, or applications for any such required entitlements are filed concurrently with the vesting tentative map. 
  

• (e) Expiration. The approval or conditional approval of a vesting tentative map shall be subject to the provisions for other tentative maps as set forth in Section 9-4.221 and such approvals shall lapse in accordance with the provisions set forth in Section 9-4.229(a) . A vesting tentative map may be extended under the provisions of Section 9-4.233 . Any time extension for a vesting map shall be reviewed for conformance with the City standards in effect at the time the vesting map application was deemed complete. The City Council may deny a time extension for a vesting map if it finds that:

  • (1) Failure to do so would place the residents of the subdivision or the community, or both, in a condition dangerous to their health or safety; or

  • (2) The denial is required in order to comply with State or Federal law.

• (f) Vested rights created by approval of vesting tentative maps.

  • (1) Subject to the time limits established by subsection (f)(3) of this section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the City standards in effect at the time the vesting tentative map application is deemed to be complete.

  • (2) Notwithstanding subsection (f)(1) of this section, a permit, approval, or entitlement may be made conditional or denied, even though such action may be contrary to the City standards in effect at the time the vesting tentative map application was deemed complete, if any one of the following circumstances are determined by the City Council to apply to the application:

    • (A) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

    • (B) The condition or denial is required in order to comply with State or Federal law.

  • (3) The rights referred to in subsection (f)(1) of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is timely approved, such rights shall remain in effect for the following time periods:

• (A) An initial period of one year after the recording of the final map. Where multiple final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

  - (B) The initial time period set forth in subsection (f)(3)(i) of this section shall be automatically extended by any time used for processing a complete application for grading permit approval, if such processing exceeds 30 days from the date an application is accepted as complete. 
  
  - (C) The subdivider may apply to the City Council for a one year time extension before the expiration of the initial time period set forth in subsection (f)(3)(i) of this section. 
  
  - (D) If the subdivider submits a complete application for a building permit during the time periods specified in this subsections (f)(e)(i), (ii), or (iii) of this section, the rights referred to herein shall continue to exist until
  

the expiration of such permit, or any extension thereof.

• (g) Modifications to vesting tentative maps. At any time prior to the expiration of a vesting tentative map, the subdivider, or successors or assigns, map apply for a modification to such map. A public hearing shall be held by the City Council on any amendment involving a modification to the vesting tentative map or development related thereto, following procedures set forth for the modification of tentative maps in Section 9-4.227(c) . Approval of a modification to a vesting tentative map or development related thereto shall not alter the expiration date of the vesting tentative map. Any modification to a vesting map proposed by the subdivider will be evaluated for compliance with those City regulations, standards, and policies in effect at the time the request for modification is deemed complete.

• (h) Subsequent permits, licenses, and other entitlements for use. The provisions of this chapter shall not be construed to prevent the City from conditionally approving or denying any permit, license or other entitlement for use that is applied for by the subdivider after the approval of a vesting tentative map, provided such conditional approval or denial is made in accordance with the City standards described in this chapter.

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

• (a) General provisions. Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act and this section. Subdivisions may also be merged and resubdivided without reverting to acreage, pursuant to the applicable requirements for the subdivision of land as provided by Government Code Section 66499.20-1/2 and this chapter. Four or fewer contiguous parcels under the same ownership may be merged by parcel map pursuant to Government Code Section 66499.20-1/4 and applicable provisions of this chapter. Contiguous parcels under common ownership may be merged pursuant to Government Code Section 66499.20-3/4 and Section 9-4.401 of this article.

• (b) Initiation of proceedings for reversion to acreage.

  • (1) By owners. Proceedings to revert subdivided property to acreage may be initiated by petition, in a form prescribed by the City Engineer, of all the owners of record of the property.

  • (2) By City Council. The City Council may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to initiate and conduct the proceedings and to notify all property owners affected.

• (c) Contents of petition for reversion to acreage. The petition of owners to initiate reversion to acreage proceedings shall contain but not be limited to the following information:

  • (1) Evidence of title to the real property;

  • (2) Evidence of the consent of all of the owners of an interest in the property;

  • (3) Evidence that none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for recordation, or within the time allowed by agreement for completion of the improvements, whichever is later;

  • (4) A final or parcel map, in the form prescribed by this chapter, delineating dedications that will not be vacated and dedications required as a condition to reversion. Any such final or parcel map shall be conspicuously designated with the following statement: “The Purpose of this Map is a Reversion to Acreage.”

• (d) Submittal to the City Engineer. The final or parcel map for the reversion, together with all other data as required by the City Engineer, shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this chapter, the City Engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage, to the City Council for its consideration.

• (e) Conditions of reversion. The City Council may require the following conditions of reversion:

  • (1) That owners dedicate or offer to dedicate streets, public rights-of-way or easements, including easements or fee interest for flood control facilities;

  • (2) That all or a portion of previously paid fees, deposits or improvement securities be retained if the same are necessary to accomplish any of the purposes or provisions of this title, the Land Use Code, and other provisions of the Municipal Code;

• (3) Payment of any additional fees necessary to accomplish any of the provisions of this chapter; and/or

  • (4) Such other conditions of reversion as are necessary to accomplish the purposes or provisions of this title or necessary to protect the public health, safety, or welfare.

• (f) City Council approval. A public hearing shall be held by the City Council on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Section 9-2.302(f) . The City Council may approve a reversion to acreage only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or future public purposes; and either:

  • (1) All owners of an interest in the real property within the subdivision have consented to reversion; or

  • (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was recorded, or within the time allowed by agreement for completion of the improvements, whichever is later; or

  • (3) No lots shown on the final or parcel map or portion thereof have been sold within five years from the date such map was filed for record.

• (g) Filing with the County Recorder. Upon approval of the reversion to acreage, the City Clerk or City Engineer shall cause the final or parcel map to be transmitted, together with the City Council resolution approving the reversion, to the office of the Orange County Surveyor for filing. Reversion shall be effective upon the filing of the final or parcel map with the County Surveyor. Upon filing, all public dedications and offers of dedication for public purposes not shown on the final or parcel map shall be of no further force and effect.

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

• (a) Applicability. Residential and nonresidential condominiums may be permitted as allowed by the zone district and the requirements of this section, subject to approval of all related land use entitlements. No residential apartment unit shall be converted for sale, transfer, or conveyance as a community apartment project, stock cooperative project or condominium, without first obtaining approval of a conditional use permit and a subdivision map in accordance with the applicable provisions of this Land Use Code.

• (b) Map required. A tentative tract map is required to create five or more condominiums, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units, pursuant to Government Code Section 66426 . A tentative parcel map is required to create four or fewer condominiums, a community apartment project containing four or fewer parcels, or the conversion of a dwelling to a stock cooperative containing four or fewer units.

• (c) Map contents. In addition to all the required information for a tentative parcel map or tentative tract map, the map shall clearly indicate that the proposed subdivision is for the purpose of creating condominiums, a community apartment project, or a stock cooperative project. The division of air space need not be shown on the map, but information shall be provided on the tentative map or other exhibits indicating building foot-prints, driveways and parking areas, common and private open space areas, dedications and easements, and amenities.

• (d) Notification.

  • (1) In addition to those notified of a public hearing in accordance with Section 9-2.302(f) , all tenants, if any, then occupying a proposed residential condominium conversion site shall be notified regarding the proposed condominium conversion pursuant to Government Code Sections 66474.2 and 66452.3 and as specified herein.

  • (2) A notice of intent to convert shall be delivered to each existing tenant’s dwelling unit. The form shall be as approved by the Planning Director and shall contain the name and address of the current owner; name and address of the proposed subdivider; approximate date on which the tentative map is proposed to be filed; information regarding the tenant’s right to purchase; tenant’s right of notification to vacate; tenant’s right of termination of lease; terms for provision of moving expenses or purchase assistance; and other information as deemed necessary by the Planning Director to ensure compliance with this chapter.

• (e) Application requirements for residential condominium conversion. No tentative map for the purpose of conversion will be accepted for filing unless it is accompanied by an application that, in addition to the information required by the Subdivision Map Act and this chapter, contains the following information and documentation:

  • (1) A complete list of tenants, along with written documentation showing compliance with notification requirements.

• (2) Proposed assistance or financing program, if any, offered to present residents for the purpose of subsequent unit purchase.

  • (3) Proposed relocation assistance offered by applicant to tenants, if any.

  • (4) A report of field test by a qualified independent testing agency as specified in the California Building Code showing that the wall separation and the floor and ceiling separation between units shall provide the same airborne sound insulation as required by the most current code requirements adopted by the City. If the report shows that these standards are not met, then the applicant shall indicate that he will complete improvements necessary to meet these requirements prior to any sale of the converted units.

  • (5) A copy of the proposed Covenants, Codes and Restrictions (CC&Rs) addressing maintenance, together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within a project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit.

  • (6) A physical elements report containing the following information:

    • (A) A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion, including but not limited to roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, swimming pools, sprinkler systems, utility delivery systems, heating and air conditioning systems, fire protection systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. For any element whose useful life is less than five years, a replacement cost estimate shall be provided.

    • (B) A structural pest control report, prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code.

    • (C) A building history report including the date of construction of all elements of the project; a statement of the major uses of said project since construction; the date and description of each major repair or renovation of any structural element since the date of construction; and a statement regarding current ownership of all improvements and underlying land.

    • (D) Failure to provide information required in subsections (e)(6)(A) through (e)(6)(C) of this section shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to discover such information and reasons why the information cannot be obtained.

• (f) Development standards for residential condominiums and condominium conversions. All units constructed prior to the adoption of this section shall be in substantial conformance with the following development standards, and all units constructed subsequent to the adoption of this section shall be in full compliance with said standards, as a condition of project approval.

• (1) Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted California Building Code or other applicable law or regulation.

  • (2) Each unit shall have installed smoke detectors as required by the latest adopted edition of the California Building Code.

  • (3) Off-street parking requirements shall be met pursuant to the applicable zone district and the Land Use Code.

  • (4) A single designated area having a minimum of 200 cubic feet of enclosed, weatherproof, lockable, private and secure storage space shall be provided for each unit. Said storage area may be located within a garage, provided it does not interfere with garage use for automobile parking and is located within a reasonable proximity to the unit. Customary closets and cupboards within the dwelling unit shall not count toward meeting this requirement.

  • (5) No living units shall be permitted over garages unless the garage serves the unit above it, or the garage is an underground parking area.

  • (6) At least 100 square feet of developed common recreation space shall be provided per unit, but in no event less than 1,000 square feet of such space shall be provided to serve the condominium project. Such space shall provide for active recreational activities, which may include but are not limited to play courts for tennis, basketball, racquetball, handball, and similar sports; pools and spas; picnic areas; children’s playgrounds; and other similar facilities.

  • (7) Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit. If provided within a garage, said laundry area shall not encroach into required parking spaces.

  • (8) Each dwelling unit shall be separately metered for gas and electricity unless the City approves a plan for equitable sharing of communal metering.

  • (9) A separate shut-off valve for natural gas, water, and electricity shall be provided within each dwelling unit, unless utilities are provided by a homeowners’ association.

  • (10) All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a source or potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibration and noise.

  • (11) The water system shall comply with current fire flow requirements.

  • (12) All structures and buildings included as part of a condominium project shall conform to the building and zoning requirements applicable to the zone in which the project is proposed to be located. Designation of individual condominium units shall not be deemed to reduce or eliminate any of the building and zoning requirements applicable to any such buildings or structures.

  • (13) A two hour fire rated separation sound attenuated wall shall be provided between dwelling units.

• (14) Illuminated addresses and, if required by the Planning Commission, directory maps for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project.

• (g) Information required for submittal of application. In addition to other application submittal requirements, the following information shall be provided:

  • (1) Dimensions and location of each building or unit and the location of all fences and walls;

  • (2) Building elevations indicating the type of construction material, existing and proposed;

  • (3) Typical floor plans of existing units with square footages of each unit indicated and the number of units per plan;

  • (4) The location, size, and design for all common areas, including all facilities and amenities provided within the common areas for use by unit owners;

  • (5) The location, size, and layout of all storage space provided for each unit;

  • (6) Location and surfacing material and condition for all paved areas, including pedestrian walkways;

  • (7) Parking plan showing location and dimensions of spaces allocated for each unit and distance from the designated parking spaces to the units served;

  • (8) Location and design of trash enclosures;

  • (9) Landscape plan per City standards;

  • (10) Lighting plan; (11) Signage plan; (12) Plan for maintenance of all buildings and common areas and facilities.

• (h) Other requirements.

  • (1) Payment of fees. All development and impact fees currently in effect for new condominium projects shall be required for condominium conversions, excepting any such fees that were paid upon construction of the project.

  • (2) Written certification. The applicant shall provide written certification to the buyer of each unit on the initial sale that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in working condition as of the close of escrow. At such time as the homeowners’ association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association is in working condition.

  • (3) Tenant’s right to purchase. As provided in Government Code Section 66427.1(b) , any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied, at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 60 days from the date of issuance of the final subdivision public report or commencement of sales, whichever date is later.

  • (4) Vacation of units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than 120 days from the date of receipt of notification from the owner of his intent to convert or from the filing date of the final subdivision map, whichever is later, to find substitute housing and to relocate.

• (i) Exemptions. In the event that any of the property development standards required for the conversion causes practical difficulties or is determined to be unnecessary or would result in excessive costs, the Planning Commission may waive, reduce, or modify the requirement.

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