Article 22-1 — GENERAL PROVISIONS

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the City of Villa Park". The regulations contained hereinafter shall apply to all subdivisions hereafter made, entirely or partially within the incorporated territory of the City. All applicable fees shall be set by resolution of the City Council.

(Ord. #78-277, § 1)

As used in this section:

"Advisory Agency" shall mean the Subdivision Committee for all maps and certificates of compliance.

"Certificate of Compliance" shall mean determination by the Subdivision Committee, acting as an Advisory Agency, that a division of land complies with Section 66499.35 of the Subdivision Map Act.

"Check Map" shall mean a tract map or parcel map submitted to the Subdivision Committee for its review prior to the developer filing a tentative map.

"City Engineer" shall mean the City Engineer of the City of Villa Park.

"Collector Street" shall mean a street intended for movement of local traffic from neighborhoods to the nearest secondary street.

"Committee" shall mean the City of Villa Park Subdivision Committee.

"Construction" shall mean design, acquisition of right-of-way, administration of construction contracts and actual construction.

"Council" shall mean the City Council of the City of Villa Park.

"County Surveyor" shall mean the County Surveyor of the County of Orange.

"Cul-de-sac Street" shall mean a street enlarged at its terminus, which provides an adequate turning radius for vehicular traffic.

"Dead-end Street" shall mean any street or way having only one outlet for vehicular traffic, but not terminating in a cul-de-sac.

"Flag or Panhandle Lot" shall mean a lot whereby access to the building pad of the lot is gained via a narrow driveway having a width of not less than twenty (20) feet.

"Flood Control Work" or "Drainage Work" shall mean and include all means of conveying or storing storm waters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood control channels.

"Flood Hazard" shall mean over-flow water having sufficient velocity to transport or deposit debris, to scour the surface soil, to dislodge or damage buildings, or cause erosion of the banks of watercourses.

"General Plan" shall mean a general plan, or any element thereof, as defined in the Planning and Zoning Law, Article 5, of Chapter 3 of Title 7 of the Government Code of the State of California.

"Inundation" shall mean ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.

"Local Street" shall mean a street intended wholly or principally to serve abutting property and not designed to carry traffic from more than two (2) subdivision streets within the immediate vicinity.

"Major Thoroughfare" shall mean a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the State highway system.

"Master Plan of Drainage" shall mean an engineering report outlining the drainage facilities needed for the proper development of specific increment of the general plan area of the City and duly adopted by the City Council.

"Parcel Map" shall mean a parcel map as defined and regulated by the Subdivision Map Act and the provisions of this Chapter.

"Person" shall mean any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, any County, City and County, municipality, district or other political subdivision, or any other group or combination acting as a unit.

"Possible Flood Hazard" shall mean possible extension of areas denoted as subject to "Flood Hazard" and the area in which there is the uncertainty as to the degree or extent of slope erosion.

"Primary Street" shall mean a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two (2) or more intersecting secondary streets.

"Private Street" shall mean any parcel of land not dedicated as a public street but used or intended to be used for ingress to or egress from lots which may or may not have frontage on a public street.

"Public Way" shall mean and include street, highway, avenue, boulevard, parkway, road, land, walk, walkway, alley, channel, viaduct, subway, tunnel, bridge, public easement, public trail, public right-of-way and other ways in which a public agency has a proprietary right.

"Secondary Street" shall mean a street intended for the movement of traffic from one area of the City to another area and serving to collect traffic from intersecting streets of lesser classifications.

"Specific Plan" shall mean a specific plan, or any element thereof, as defined in the Planning and Zoning Law, Article 8 of Chapter 3 of Title 7 of the Government Code of the State of California.

"Standard Subdivision Improvement Plans and Specifications" shall mean the Standard Subdivision Improvement Plans and Specifications adopted by the City Council and incorporated herein by reference.

"Street" shall mean a public way which provides a primary means of access for vehicular and pedestrian traffic for abutting properties.

"Subdivision Map" shall mean and include both tract maps and parcel maps as defined herein.

"Subdivision Map Act" shall mean and refer to Division 7 of Title 7 of the Government Code of the State of California.

"Tract Map" shall mean and refer to all maps defined and regulated by the Subdivision Map Act and the provisions of this chapter other than parcel maps.

"Vehicular Access Rights" shall mean the right, easement or access of owners or occupants of abutting lands to a public way other than as pedestrians. "Limited Vehicular Access Rights" shall mean the rights, easement or access of owners or occupants of abutting lands to a public way other than as pedestrians, except at points specifically designated on the tract map or parcel map.

"Walkway" shall mean a passageway intended for pedestrian use only.

"Zoning Ordinance" shall mean the Zoning Ordinance of the City of Villa Park.

(Ord. #78-277, § 2; New)

Footnotes:

--- ( 2 ) ---

For statutory definitions pertaining to subdivisions, see Gov. Code § 66414 et seq.

a.

The Villa Park Subdivision Committee is hereby designated as an Advisory Agency, as that term is used in the Subdivision Map Act, and shall make investigations and reports on the design and improvement of any

proposed division of real property for which a tentative map, subdivision map or parcel map is filed and shall have the authority to report and recommend to the City Council the imposition of requirements and conditions upon such division of land, and to recommend to the Council the approval, conditional approval, or disapproval of such map and division of land.

b.

The Villa Park Subdivision Committee is hereby designated as an Advisory Agency, as that term is used in the Subdivision Map Act, and shall make investigations and reports on certificates of compliance and shall have the authority to impose requirements and conditions upon such certificates of compliance, and to approve, conditionally approve, or disapprove such certificates of compliance.

(Ord. #78-277, § 3)

The City Council is hereby authorized to approve, conditionally approve, or disapprove tentative and final maps of subdivisions prepared, filed and considered by them according to the provisions of this chapter and the Subdivision Map Act, to prescribe the kinds, nature, and extent of improvements required to be installed in subdivisions, and to report directly to the subdivider.

(Ord. #78-277, § 4)

a.

Establishment. There is hereby established a Subdivision Committee, which shall consist of the following members or their duly authorized representatives.

1.

The City Engineer, who shall be the Chairman.

2.

The City Manager.

3.

Such other members as may be appointed from time to time by the City Council.

b.

Duties. It shall be the duty of the Subdivision Committee to examine all tentative maps of subdivisions as to their compliance with the constitution and statutes of the State and the ordinances of the City and to present such technical and factual information to the subdivider or his agent as may be pertinent to the design and improvement of the subdivision. The Subdivision Committee shall prepare a report on each tentative map for submission to the subdivider and to the City Council and shall make recommendations thereon. In the performance of its duties the Subdivision Committee shall solicit comments from all

agencies having jurisdiction with respect to the proposed subdivision and such other agencies or individuals as the Subdivision Committee may in its discretion determine should be consulted with respect to the proposed subdivision.

c.

Notification to Subdivision Committee Members. All material relating to check maps shall be available to each Committee member prior to the Subdivision Committee meeting.

d.

Time of Committee Meetings. The Subdivision Committee shall meet with the subdivider or his authorized agent as often as necessary to view all applicable requirements and to prepare recommendations to the City Council on tentative subdivision maps within the time limits prescribed by the Subdivision Map Act or this Chapter.

e.

Acting as an Advisory Agency. When the Subdivision Committee meets as an Advisory Agency for the purpose of considering a certificate of compliance, a public hearing shall be held and properly noticed as required by Government Code Section 66451.3.

f.

Meetings Open to Public. Subdivision Committee meetings shall be open to the public and any officer, person, subdivider, or owner interested in a tentative subdivision map may attend any such meetings and present any appropriate matter thereat. Interested persons may also submit written comments to the Subdivision Committee.

(Ord. #78-277, § 5; Ord. #82-323, § 23)

a.

The subdivider may appeal from any action of the Committee with respect to a certificate of compliance or tentative map to the City Council. Such appeal and hearing thereon shall be conducted as provided by Government Code Section 66452.5(a) and (b) with respect to tentative maps and subsection 22-3.3 of this chapter.

b.

Any interested person adversely affected by a decision of the Committee with respect to a certificate of compliance or tentative map may file a complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within ten (10) days after the action which is the subject of the complaint. The City Council may, in its discretion, reject the complaint within fifteen (15) days or set the matter for public hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for public hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3, and by subsection 22-3.3 of this Chapter.

c.

The City Council, upon a duly adopted motion, may appeal any certificate of compliance or tentative map approved by the Committee within ten (10) days or at its next regular meeting, whichever first occurs. If the City Council does appeal the certificate of compliance or tentative map, a public hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3 and by subsection 22-3.3 of this Chapter.

d.

Notwithstanding the provisions of paragraphs a., b. and c. of this subsection, any interested person may appeal any decision of the advisory agency relative to the provisions of Government Code Sections 66473.5 and 66474.1 to the City Council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b), and subsection 22-3.3 of this Chapter.

(Ord. #85-3-16, § 1)

Cross reference— Government Code, § 66452.5)

All improvements to be installed or agreed to be installed in a subdivision shall conform to the "Standard Subdivision Improvement Plans and Specifications," which may include the County standards and shall be utilized by the City. Three (3) copies of the current "Standard Subdivision Improvement Plans and Specifications" are on file in the office of the City Clerk and are hereby incorporated herein by reference as though set forth in full.

(Ord. #78-277, § 7)

Whenever reference is made to any portion of this Chapter or other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

(Ord. #78-277, § 8)

No building permit, certificate of use and occupancy or other official evidence of authority for use of premises shall be issued for any lot or parcel of land unless such lot or parcel of land is recorded in the office of the County Recorder as a part of a subdivision, or such lot or parcel of land, whether recorded or not, has resulted from a division of a lot or lots in the manner prescribed by this Chapter, or lots for which a contract of sales in full force and effect prior to November 2, 1967.

(Ord. #78-277, § 10)

ARTICLE 22-2. - MAPS