22-2 — MAPS

The necessity for subdivision maps shall be governed by the provisions of the Subdivision Map Act and the provisions of this Chapter. All maps shall be filed in the office of the City Manager and shall comply with the provisions of the Subdivision Map Act, the Villa Park Zoning Ordinance, this Chapter, and any other ordinance, statute or law pertaining to the use, sale, leasing or subdivision of land.

(Ord. #78-277, § 11; Ord. #82-323, § 23; Ord. #85-346, § 1)

When a tentative map is filed, the person filing the map shall certify to one (1) of the following:

a.

That he is the record owner of the property; or

b.

That the record owner of the property consents to the filing of the map.

(Ord. #78-277, § 12; Ord. #85-346, § 1)

a.

A tentative and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five (5) or more parcels, except where:

1.

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedication or improvements are required by the legislative body; or

2.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

3.

The land consists of a parcel or parcels of land having 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 Council as to street alignments and widths; or

4.

Each parcel created by the division has a gross area of forty (40) acres or more, or each of which is a quarter-section or larger, or such other amount, up to sixty (60) acres.

A parcel map shall be required for those subdivisions described in paragraphs 1, 2, 3 and 4, provided that no parcel map shall be required when a certificate of compliance has been issued pursuant to the provisions of this Chapter.

b.

Whenever a tentative or final tract map is not required by the Subdivision Map Act, a tentative parcel map shall be filed with the City Manager. Said map shall meet all the requirements for tentative subdivision and final parcel maps provided by the Subdivision Map Act and by this Chapter.

c.

When a parcel map is required by this Chapter, a tentative parcel map shall first be filed in the office of the City Manager for review by the Subdivision Committee and final action by the City Council. Said map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this Chapter.

d.

Parcel maps may be based upon a field survey or upon record data and shall show all dedications or offers of dedication thereon; or in substitution thereof, such dedication or offers of dedication may be made by deed.

e.

Whenever a provision of this Chapter requires that a tentative map be filed, a vesting tentative map may instead be filed. However, a vesting tentative map may be filed only for residential development (Gov. Code Sections 66498.1(a) and 66498.7).

f.

In accordance with the provisions of Section 66428 of the Subdivision Map Act, no final parcel map need be filed or recorded whenever the Subdivision Committee, acting as an advisory agency, finds that the proposed division of land meets all requirements as to:

1.

Area;

2.

Improvement and design;

3.

Floodwater drainage control;

4.

Appropriate improved public roads;

Sanitary disposal facilities;

6.

Water supply availability;

7.

Environmental protection;

8.

Master plan of drainage fees are paid;

9.

Zoning regulations; and

10.

All other requirements of the Subdivision Map Act and any applicable provisions of this Chapter.

Dedications or offers of dedication shall be made by deed if no final parcel map is required.

(Ord. #78-277, § 13; Ord. #82-323, § 23; Ord. #85-346, § 1)

a.

General; Vesting Tentative Map.

1.

The procedures set forth in the Subdivision Map Act shall govern the filing, processing, approval, conditional approval or disapproval of subdivision maps and the modifications thereof, except to the extent modified by the provisions of this Chapter.

2.

Tentative maps shall be filed in the office of the City Manager and shall be processed in accordance with the Subdivision Map Act and the provisions of this Chapter. The subdivider shall file as many copies of the tentative map as may be required by the City Manager. A map shall not be deemed to be filed until the Subdivision Committee has verified that it is in compliance with the requirements of this Chapter.

3.

Each tentative map filed shall be in compliance with any general or specific plan, or any amendments thereto, adopted pursuant to the State Planning and Zoning Law. Each tentative map filed shall also comply with the regulations for the zoning district or zone within which it is located.

4.

Notice of application for approval of a tentative map shall be given to adjacent landowners as required under Government Code Section 65091.

5.

A vesting tentative map shall be filed and processed in the same manner as a tentative map, except to the extent modified by this Chapter.

6.

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words: "Vesting Tentative Map" (Gov. Code Section 66452).

7.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map (Gov. Code Section 66498.3).

b.

Preliminary Check Maps.

1.

A preliminary check map may be submitted at any time for the purpose of comparing the proposed map against the requirements of this Chapter at the discretion of the subdivider. Any such preliminary check map should comply with the currently applicable zoning regulations, and shall not be deemed to be the filing of a tentative map.

2.

Prior to filing a map, the subdivider shall submit the necessary number of copies of a check map to the City Manager.

3.

The check map shall be reviewed as to the specific requirements by the concerned City departments and by the Subdivision Committee.

4.

Within twenty-one (21) calendar days after submittal of the check map, all comments and the check map shall be returned to the subdivider for the preparation of a tentative map.

c.

Tentative Map Format.

Tentative parcel maps shall include the following information either on the map or attached thereto:

(a)

Scale and north arrow;

(b)

Legal description and dimensions of the land sufficient to define the boundary thereof;

(c)

Name, address and telephone number of the person filing the map;

(d)

Location of the property in relation to existing streets;

(e)

The layout of the parcels proposed and the dimensions of each, with a number or letter within each proposed parcel;

(f)

The location of each existing building or structure above ground in relation to the parcel lines being created;

(g)

The location of existing wells, cesspools, irrigation lines, culverts, storm drains, underground structures and any excavations within the subdivision, and a statement noting whether or not such uses are to be abandoned, removed or used;

(h)

The source, name of supplier, quality and an estimate of available quantity of domestic water;

(i)

Type of street improvements and utilities proposed;

(j)

Method of sewage disposal proposed;

(k)

Proposed method of storm drainage disposal and, where applicable, a reference to any duly adopted Master Plan of Drainage;

(l)

Proposed use of parcels;

(m)

The width and approximate locations of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, or flood control purposes;

(n)

The locations of all areas subject to inundation or flood hazard and the locations, width and directions of flow of all watercourses and flood control channels;

(o)

The grade contours of the existing land and the preliminary grading plan if any grading is to be performed.

Any of the foregoing requirements may be waived or modified by the Subdivision Committee if it is found that a given requirement is not necessary in a particular instance or the clarity of the map would be impaired.

2.

Each tentative tract map shall be prepared in accordance with the requirements of the Subdivision Map Act and in addition shall comply with the following requirements either by reference on the map or attached thereto as supplemental materials:

(a)

Graphic and linear presentation:

(1)

Tract map boundary: heavy double-width solid line;

(2)

Street and lot lines: heavy solid line;

(3)

Existing lot lines: light solid line;

(4)

Easements: light dashed line (delineate type of easements);

(5)

Utility lines: heavy dashed line (delineate type of utility);

(b)

Tract name and number, north arrow and date;

(c)

Description of location and boundaries of subdivision;

(d)

Tract number of adjoining subdivisions;

(e)

Name and current address of record owner(s);

(f)

Name, address and telephone number, of the subdivider;

(g)

Name, address, telephone number, license and registration number of map preparer;

(h)

Acreage of subdivision to nearest tenth of an acre;

(i)

Number, dimension and size of lots;

(j)

Locations, grades, widths, total area, and names of internal and adjacent vehicular access ways and transit corridors;

(k)

Centerlines of existing streets if available;

(l)

Location of future vehicular access ways indicated with a dotted line;

(m)

Widths, locations and designations for all easements (sewage, trails, drainage, etc.);

(n)

Total area to be held in reservation for capital improvements;

(o)

Total length in feet along the centerline of all streets within the boundaries of the subdivision measured from intersection to intersection;

(p)

Approximate size, type and lineal footage of proposed drainage facilities;

(q)

Approximate size, type and lineal footage of proposed water and sanitary sewer facilities;

(r)

Dimensions and locations of sidewalks and bicycle trails;

(s)

Location, number and size of existing trees;

(t)

Present zoning and uses of the property;

(u)

Location of all structures (to scale);

(v)

Statement or map of existing adjoining land uses;

(w)

Location and size of all common areas to be designated for public use;

(x)

Location and size of all common areas to be designated for private use;

(y)

Total area of parkland, trails, recreational areas, etc., with specific area calculation for each of the following:

(1)

Public area dedication;

(2)

Private areas;

(z)

Location, dimensions, boundaries and direction of flow of all watercourses;

(aa)

Boundaries of areas subject to storm water overflow or inundation;

(bb)

Location of drainage easements;

(cc)

Plant for handling storm water;

(dd)

Location and source of water supply and sewerage facilities;

(ee)

Contour intervals of five (5) feet for slopes ten (10) percent or greater and two (2) feet for slopes less than ten (10) percent;

(ff)

Proposed grading concept, including pad elevations, slope ratios and street grades;

(gg)

Such other information or matters as may be required by the Subdivision Committee.

Any of the foregoing requirements may be waived by the Subdivision Committee if it is found that a given requirement is not necessary in a particular instance or the clarity of the map would be impaired.

d.

Tentative Map Processing.

1.

Subdivision Committee Procedure.

(a)

When a check map has been properly submitted and the subdivider has furnished the required number of copies, the City Manager shall forward one (1) such copy to the members of the Subdivision Committee and one (1) copy to the following, if not otherwise represented on the Subdivision Committee:

(1)

Orange County Surveyor;

(2)

The Health Officer of the County of Orange;

(3)

The Director of the Orange County Environmental Management Agency;

(4)

The Fire Warden of the County of Orange;

(5)

The school district in which the proposed subdivision is located;

(6)

Any other public agency or officer having an interest in or jurisdiction with respect to the proposed subdivision;

(7)

Any agency which could serve the subject subdivision with utilities.

(b)

The Subdivision Committee shall hold at least one (1) meeting on each check map filed, and as many additional meetings as may be necessary, with the subdivider or his authorized agent. Such meetings shall be held for the purpose of submitting technical and factual reports to the subdivider and for the purpose of preparing a report and making recommendations to the City Council.

(c)

If any person, officer, department, municipality, district or agency does not report to the Subdivision Committee, in writing within fifteen (15) days after the check map has been delivered or placed in the mail directed to the designated address and bearing the proper postage, such check map shall be deemed to be approved by that person, officer, department, municipality, district or agency.

(d)

When the Subdivision Committee has determined that a proposed tentative map complies with all applicable laws, ordinances and regulations, except as otherwise provided herein, the map shall be approved for filing. A meeting shall be held for such determination within twenty-two (22) days from the date the check map is submitted to the Subdivision Committee. Said meeting shall be properly noticed as required by Government Code Sections 65090 and 65091. The filing of a tentative map shall include the appropriate number of copies of the map as specified by the City Manager, together with any required accompanying material and the filing fee.

(e)

The Subdivision Committee shall prepare and deliver a report to the City Council for each tentative map. Any reports or recommendations on the tentative map that are submitted to the City Council shall also be submitted, in writing, to the subdivider at least three (3) days prior to action on the map by the City Council. This requirement shall be deemed to have been complied with when the Subdivision Committee report has been submitted to the subdivider or his agent, in person, or when it has been placed in the mail directed to the subdivider at his designated address and bearing the proper postage.

(f)

Report(s) to Subdivider. Any report or recommendation on a tentative map by the staff to the City Council shall be in writing, and a copy thereof shall be served on the subdivider at least three (3) days prior to any hearing or action on the map by the Council. This requirement shall be deemed to have been complied with when the report has been placed in the mail directed to the subdivider at his designated address and bearing the proper postage.

(g)

Submittal of Tentative Map to Certain Local Agencies for Recommendation. Within five (5) days after a tentative map is approved for filing, the Subdivision Committee shall transmit a copy of said map to each local agency which has made request to the City to receive such maps pursuant to Government Code Section 66453. Any local agency receiving such map shall make its recommendation to the City within fifteen (15) days after receipt of such map by written communication directed to the Subdivision Committee.

ap is approved for filing, the Subdivision Committee shall transmit a copy of said map to each local agency which has made request to the City to receive such maps pursuant to Government Code Section 66453. Any local agency receiving such map shall make its recommendation to the City within fifteen (15) days after receipt of such map by written communication directed to the Subdivision Committee.

Within ten (10) days after a tentative map is approved for filing, the Subdivision Committee shall transmit a notice of the filing of said map to the governing board of any elementary school, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the City directed to the Subdivision Committee. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within twenty (20) working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board of any such district fails to respond within the twentyday period, such failure to respond shall be deemed approval of the proposed subdivision.

Notwithstanding the provisions of this paragraph (g), the Subdivision Committee shall not be required to submit the tentative map to any local agency which consents to reviewing the check map instead, provided that the tentative map is in substantial conformity with the check map or the tentative map has been revised to incorporate the recommendations of the affected local agency on the check map.

Council Procedure; Time Limits. At the next regular Council meeting following the filing of the Subdivision Committee's recommendation and report with it, the Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty (30) days thereafter, and the Council shall approve, conditionally approve or disapprove the tentative map within such thirty-day period; provided, however, that such time limits may be extended by mutual consent of the subdivider and the City Council. Said meeting shall be properly noticed as required by Government Code Sections 66451.3, 65090 and 65091. If no action is taken upon a tentative map by the Council within the time limits specified in this Chapter or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this Chapter, and any other ordinance applicable thereto; and the City Clerk shall certify such approval.

5091. If no action is taken upon a tentative map by the Council within the time limits specified in this Chapter or any authorized extension thereof, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this Chapter, and any other ordinance applicable thereto; and the City Clerk shall certify such approval.

The action of the City Council may include conditional approval of a tentative map not in compliance with existing regulations provided that said map complies with the zoning regulations adopted by ordinances by the City Council but not yet effective, or subject to the approval of a variance. Such action shall include a condition that the final map of the subject parcel of land shall not be recorded until the appropriate zoning regulations have become effective or the variance is approved.

The Council shall consider all relevant information, including, without limitation, the Subdivision Committee report and recommendations, and recommendations of all local agencies timely received, before final action is taken on the tentative map.

3.

Council Procedure; Vesting Tentative Maps. In accordance with the provisions of Government Code Section 66498.1(b), when the City Council approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with ordinances, policies and standards described in Government Code Section 66474.2. However, if Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

Notwithstanding the above, the City Council may condition or deny a permit, an approval, extension or entitlement if it determines any of the following:

(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.

4.

Vesting Tentative Map; Inconsistent With Zoning. Where a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City Council may deny such a vesting tentative

map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 66498.1 of the Subdivision Map Act, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and map, as approved.

The rights conferred by this subsection shall be for the time periods hereinafter set forth in paragraphs f. and g.

5.

Withdrawal of Tentative Maps. Any subdivider or record owner of property upon which a tentative map has been filed may withdraw such map at any time prior to final action thereon by the City Council. Notice of withdrawal shall be made in writing to the City Manager and either the Subdivision Committee or Council, whichever has the matter pending for review. Upon receipt of such notice, the City Manager shall notify each person, officer, department, municipality, district or agency from which a report was requested when the tentative map was filed. Upon the completion of such notification, the tentative map shall have been officially withdrawn.

e.

Final Map Processing.

1.

Filing Final Map With Tentative Map With City Council. Prior to the expiration date of the approval or conditional approval of a tentative map, the subdivider may cause the proposed subdivision to be accurately surveyed, and may prepare and file with the City Council a final map of the subdivision conforming in all particulars to the Subdivision Map Act and this Chapter. This final map shall be in substantial conformity with the approved tentative map in all respects. Prior to filing the map with the Council, all required certificates on such map shall have been signed and, where necessary, acknowledged. A sufficient number of prints thereof as determined by the City Manager to be necessary to furnish the several interested City departments and public agencies with a copy and for checking and filing purposes shall be submitted to the City Manager for checking purposes.

2.

Form and Content. Each final map shall be prepared in accordance with the provisions of the Subdivision Map Act and in addition shall comply with the following requirements either by reference on the map or attached thereto as supplemental materials:

(a)

Final parcel maps:

(1)

The information required by subsection 22-2.4.c of this Chapter.

(2)

Approximate three-inch by three-inch blank space near the upper right hand corner for Recorder's stamp.

(3)

"Sheet _______ of _______" preferably in upper left-hand corner. "RST _______" preferably in upper righthand corner.

(4)

County Surveyor's Certificate. "Examined and approved this day of , 19."

(5)

Show "(Name of City) or (Unincorporated Territory), County of Orange, State of California."

(6)

Blue border around exterior boundary line of land being divided, drafted on reverse side of linen and exterior side of boundary line—no space between the lines. The blue border shall be the fee title line.

(7)

Basis of bearing if based on a field survey.

SAMPLE: "The bearings of N.O. ;deg;01'10" E. for the Centerline of Main Street as shown on Tract No. 7000, Misc. Maps 200/1-2, Records of Orange County, State of California."

(8)

Monument note or each monument described and referenced separately.

(9)

If five (5) or more parcels are being created the following note shall be shown on the map: "This map is excluded from the requirements of a tentative and final tract map by Section 66426 (a, b, c, d) of the Subdivision Map Act. (If 66246(c) is applicable add the following: "… in that the property is zoned for industrial or commercial development").

(10)

In the event that the blue border of a parcel map encompasses more than one (1) public entity (city-city) or (city-county), the appropriate officials of both must sign the map.

(11)

Show tentative map number beneath or adjacent to the RST number.

(12)

No lot or parcel shall be platted so as to be divided by a city or county boundary line.

(13)

Such other information or materials as may be required by the City Engineer. Any of the foregoing requirements may be waived or modified by the City Engineer if it is found that a given requirement is not necessary in a particular instance or the clarity of the map would be impaired.

(b)

Final Tract Maps.

(1)

The information required by subsection 22-2.4.c of this Chapter.

(2)

Approximately three-inch by three-inch blank space near upper right-hand corner for Recorder's stamp.

(3)

"Sheet _______ of _______" preferably in the upper left-hand corner. An Index Sheet or sheets shall be used.

(4)

Certificates.

(5)

The following shall appear at the top of all sheets:

(i)

Engineer's or surveyor's name and number.

(ii)

Acreage, number of lots and date.

(iii)

The engineering firm name may be shown.

(6)

Show "City of Village Park, County of Orange, State of California" at the top of each sheet.

(7)

Colored (blue) border on exterior boundary of land being subdivided, drafted on reverse side of linen and exterior side of boundary line—no space between lines.

(8)

Basis of bearings.

SAMPLE: "The bearings of N.O.;deg; 01'10" E. for the Centerline of Main Street as shown on Tract 7000, Misc. Maps 200/1-2, Records of Orange County, California."

(9)

Monument note (preferably) or each monument described and referenced separately.

(10)

Sufficient monumentation shall be found and/or set to enable the survey to be retraced.

(11)

Show omitted signatures of parties having certain types of interest in the land being subdivided as indicated in the title report. If a public utility or public entity has an easement within the subdivision, the following phrase shall be added to the City Clerk's Certificate: "and did also approve said map pursuant to Section 66436 of the Subdivision Map Act." However, if the City has an easement for street purposes within a street being dedicated on the tract map, said phrase is not required therefor.

(12)

Any lot or parcel that is being dedicated or granted for public use shall contain a designation of the specific use.

(13)

Record lot dimensions of adjoining record maps shall be shown only if determined to be necessary by the City Engineer.

(14)

Abutting street right-of-way lines and widths shall be shown. Abutting right-of-way width need not be shown if identical with interior blue border right-of-way width.

(15)

Regarding City limit lines: In the event that the blue border of a tract encompasses more than one (1) public entity (city-city) or (city-county), the appropriate officials of both entities must sign the map.

(16)

All lot lines, block lines and boundary lines require a bearing and distance. No repetitive marks of any nature may be used.

(17)

Numbered lots shall be shown entirely on one (1) sheet.

(18)

Alphabetical lots cannot be building sites, and this fact shall be noted on the final map. Said lots are not required to be shown entirely on one (1) sheet.

(19)

Regarding easements (existing or proposed):

(i)

The centerline data, width and side lines of all easements within the subdivision shall be shown.

(ii)

The easement lines shall be indicated as dashed lines.

(iii)

Sufficient ties to definitely locate the easements shall be shown.

(20)

The centerline, half width and whole width of all streets, alleys, etc., shall be shown.

(21)

Such other information or materials as may be required by the City Engineer. Any of the forgoing requirements may be waived or modified by the City Engineer if it is found that a given requirement is not necessary in a particular instance or the clarity of the map would be impaired.

3.

Reports to the City Council. Each officer or department responsible for checking compliance of the final map with the approved or conditionally approved tentative tract map shall report in writing to the City Engineer for report to the Council as to the compliance or noncompliance of the final tract map with all laws, as to matters coming under their jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply with the law.

4.

Evidence of Title. The evidence of title required by the provisions of Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein.

Street Naming. Street names on the final map shall be approved in accordance with the City's policy on street naming as adopted by the City Council.

6.

Approval or Disapproval of Final Map by City Council. The City Council shall, at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to the tentative map and to all the requirements of the Subdivision Map Act, this Chapter and any rulings made by the Council thereunder, or, if the map does not so conform, disapprove the map. If the Council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved and the City Clerk shall certify its approval thereon.

7.

Agreements Relating to Improvements Not Completed. If, at the time of approval of the final map by the Council, any public improvements required by the Council pursuant to the Subdivision Map Act or this Chapter have not been completed and accepted in accordance with standards established by the City Council by ordinance applicable at the time of the approval or conditional approval of the tentative map, the Council shall require the subdivider to enter into one of the following agreements specified by the Council:

(a)

An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense.

(b)

An agreement with the City thereafter (1) initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements or (2) if not completed under such special assessment act, to complete such improvements at the subdivider's expense. The City entering into any agreement pursuant to this subsection shall require that performance of such agreement be guaranteed by the security specified in Chapter 5 (commencing with Section 66499) of the Subdivision Map Act.

f.

Recordation of Final Map.

1.

Time Limit for Recording. Within a period of twenty-four (24) months after the date of the approval or conditional approval of a tentative map by the Council, the subdivider may cause the approved final map to be recorded. The period set forth above may be established at between twenty-four (24) and thirty-six (36) months by the Council, in its sole discretion, provided the subdivider makes application therefor at the time of the filing of the tentative tract map. Upon application of the subdivider to the City Council prior to the expiration of the approved or conditionally approved tentative map, extensions for a period or periods not

exceeding a total of three (3) years beyond the initial period of twenty-four (24) months may be granted by the Council. In granting an extension, new conditions may be imposed and existing conditions reviewed and revised, consistent with the provisions of the Subdivision Map Act.

2.

Failure To Record. Any failure to record a final map within the time period specified by paragraph f.1 above shall terminate all proceedings, and the approval or conditional approval action of the City Council shall be null and void. Before a final map may thereafter be recorded on the same parcel of land, a new tentative map shall be filed and approved in accordance with the provisions of this Chapter.

3.

Incremental Recordation of Tract Maps.

(a)

Where a final tract map is to be recorded for a portion of a tentative tract map, the final tract map shall contain a reference to the tentative tract map from which it is derived.

(b)

If a final tract map is to be recorded from the entire tentative tract map, the final tract map shall so state.

4.

Transmittal of Final Map to County Recorder. After the City Council's approval of a final parcel or tract map, the City Clerk shall transmit the map to the Clerk of the Orange County Board of Supervisors for ultimate transmittal to the County Recorder.

5.

Proof of Consent of All Parties Having Record Title Interest. The subdivider shall present to the County Recorder evidence that at the time of the filing of the final parcel or tract map in the Office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by the Subdivision Map Act, as shown by the records in the office of the Recorder.

g.

Recordation of Final Map; Vesting Tentative Map. The time period set forth in subsection f. hereinabove set forth also shall apply to final maps for vesting tentative maps. Rights conferred by vesting tentative map procedures shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved within the time periods set forth in subdivision f., the rights conferred by a vesting tentative map shall last for a time period not to exceed twelve (12) months beyond the recording of the final map. Where several final maps are rendered on various phases of a project covered by a single vesting tentative map, the twelve-month time period shall begin for each phase when the final map for that phase is recorded.

1.

The time period set forth in subsection g. shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such time exceeds thirty (30) days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension.

2.

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision g.1., the rights conferred by subdivision g.1. shall continue until the expiration of that permit, or any extension of that permit granted by the local agency.

(Ord. #78-277, § 14; Ord. #79-287, § 1; Ord. #81-305, §§ 1—4; Ord. #82-323, § 23; Ord. #84-342, § 1; Ord. #85-346, § 1)

ARTICLE 22-3. - MISCELLANEOUS PROVISIONS