Ordinance Number 5153 TU
ORDINANCE NO. 515
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
SUBDIVISION REVIEW PROCESS
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-2.304 OF THE
MUNICIPAL CODE RELATING TO THE REVIEW AND
PROCESSING OF SUBDIVISIONS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the amendment set forth herein, has determined
that the amendment will not have a significant
impact on the environment, has accordingly
issued a Negative Declaration for the amendment,
and has otherwise carried out all requirements of
the California Environmental Quality Act, as
amended. The City Council hereby finds and
certifies said actions as appropriate and correct.
B. This code amendment will provide for certain
changes to the City's administrative procedures
for the review and processing of subdivisions and,
as such, will have no significant impact on the
environment.
C. The code amendment set forth herein is an urgency
measure necessary to mitigate a current and
immediate threat to the public health, safety or
welfare in that the present Municipal Code
subdivision regulations do not include the most
recent changes to the State Subdivision Map Act
relating to subdivision processing. Further, the
approval of additional subdivisions or related
entitlements under the present Municipal Code
provisions would result in a threat to the public
health, safety or welfare.
SECTION 2. Amendment Text.
A. Introduction
Based upon the findings set forth in Section 1,
preceding, the amendment to the Municipal Code set
forth under Paragraph B, following, is hereby
enacted.
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3 i 1 B. Amendment
Section 9-2.3-&4 of the Municipal Codeishereby
amended to read as follows:
"Section 9-2.304. Subdivision maps.
"(a) Maps required. City approval of
subdivision maps shall be required for the
division of any improved or unimproved land, or
any portion thereof, shown on the latest equalized
county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or
financing, whether immediate or future except for:
(1) leases of agricultural land for agricultural
purposes; or (2) leases, adjustments, and other
items to which the California Subdivision Map Act
(Division 2 of Title 7, California Government
Code) specifically designates itself as
'inapplicable.' Property shall be considered as
contiguous units, even if it is separated by
roads, streets, utility easement or railroad
rights-of-way.
"The term 'subdivision' shall include a
condominium project, as defined in Section 1350 of
the California Civil Code, a community apartment
project, as defined in Section 11004 of the
California Business and Professions Code, or the
conversion of five or more existing dwelling units
to a stock cooperative, as defined in Section
11003.2 of the California Business and Professions
Code. As used in this Section, 'agricultural
purposes' means the cultivation of food or fiber
or the grazing or pasturing of livestock.
"(b) Parcel map subdivisions. All
requirements set forth in this Section for
tentative and final maps shall apply equally to
the review and processing of tentative parcel maps
and parcel maps (subdivisions creating four or
fewer parcels).
"(c) Preparation and filing. Tentative
maps shall be prepared in accordance with the
provisions of Article 5 of Chapter 4 of this Title
and may be filed with the Director by a record
owner or owners of property or their authorized
agents. In addition, a written application for
subdivision shall be submitted to the Director,
including information which may be required to
satisfy the environmental impact report
requirements set forth in Article 2 of this
Chapter. It shall be the obligation of the
applicant to file all information and fees
necessary for acceptance of the application as
complete. No tentative map shall be considered as
filed until accepted as complete by the Director.
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04 4
"(d) Hearings. Public hearings shall be
held on subdivisions pursuant to Section 9-2.315
of this Article.
"(e) Planning Commission recommendation.
The Planning Commission shall, upon completion of
its public hearing, forward a written report and
recommendation on the tentative map to the Council
within 50 days after a completed map and
application (including required fees) have been
accepted for filing by the Director. Said time
limit may be extended: (1) upon the mutual
concurrence of the applicant and the Planning
Commission; or (2) as may otherwise be provided
for in the Subdivision Map Act.
"(f) Council action. After receipt of
the Planning Commission recommendation and upon
completion of a public hearing, the Council shall
approve, conditionally approve, or deny the
tentative map. Final Council action shall, in any
case, be taken within 30 days of Planning
Commission action. Said time limit may be
extended: (1) upon the mutual concurrence of the
applicant and the Council; or (2) as may otherwise
be provided for in the Subdivision Map Act.
"(g) Modifications to tentative maps.
Modifications to a submitted tentative map may be
made by the applicant during the review and
hearing process. A tentative map modified prior
to or during review by the Planning Commission
need not be readvertised for a public hearing.
However, if a tentative map is substantially
modified by the applicant after the completion of
review by the Planning Commission, the Council
shall not take final action on said map without
first receiving a new report from the Planning
Commission. Such cases of substantial
modification shall be deemed as a resubmittal of
the tentative map application for the purposes of
the mandatory review periods specified in
paragraphs (e) and (f) of this Section --that is,
said review period(s) shall begin again as if the
tentative map were a new submittal. However, a
shorter review period may be utilized upon mutual
agreement between the applicant and the reviewing
body.
"In addition, a tentative map
substantially modified by the applicant after
final approval by the Council shall also require
the preparation of a new report by the Planning
Commission --followed by reconsideration of the
modified map by the Council. The determination as
to whether a tentative map has been 'substantially
modified' shall be made by the Director.
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373
"(h) Tentative maps: Approval or
denial: Criteria.
"(1) Approval. If a tentative map
is approved, the approving body shall make a
finding that the proposed subdivision, together
with the provisions of its design and improvement,
is consistent with the General Plan.
"(2) Denial. A tentative map shall
be denied if any of the following findings is
made:
"(i) That the proposed map is
not consistent with the applicable General and
Specific Plans;
"(ii) That the design or
improvement of the proposed subdivision is not
consistent with the applicable General and
Specific Plans;
"(iii) That the site is not
physically suitable for the type of development;
"(iv) That the site is not
physically suitable for the proposed density of
development;
"(v) That the design of the
subdivision or the proposed improvements are
likely to cause substantial environmental damage
or substantially and avoidably injure fish or
wildlife or their habitat;
"(vi) That the design of the
subdivision or the type of improvements is likely
to cause serious public health problems;
"(vii) That the design of the
subdivision or the type of improvements will
conflict with easements acquired by the public at
large for access through, or the use of, property
within the proposed subdivision. In this
connection, the tentative map may be approved if
alternate easements for access or for use will be
substantially equivalent to easements previously
acquired by the public. The provisions of this
Subsection shall apply only to easements of record
or to easements established by judgment of a
competent jurisdiction and shall not be construed
that the public at large has acquired easements
for access through, or the use of, property within
the proposed subdivision; and,
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"(viii) That the design or
improvements of the proposed subdivision interfere
with the maintenance or preservation of an
historical site.
"(i) Imposition of conditions. In
approving a tentative map, the approving body
shall impose whatever conditions it deems
necessary in order to provide for the
compatibility of the proposed subdivision with the
existing and proposed land uses; for consistency
with the goals, policies, and objective of the
General Plan; and to otherwise ensure compliance
with the provisions of Chapters 3 and 4 of this
Title and of the Subdivision Map Act.
"(j) Map expiration. A tentative map
shall expire 24 months after its approval or
conditional approval. The expiration of the
tentative map shall terminate all proceedings, and
no final map of all or any portion of the real
property included within such tentative map shall
be filed without first processing a new tentative
map. However, once a timely filing of a final map
is made pursuant to Section 66457 of the
Subdivision Map Act, subsequent actions by the City
including, but not limited to, processing,
approving, and recording may lawfully occur after
the date of expiration of the tentative map.
"(k) Map extensions. Upon written
application by the subdivider, filed prior to
expiration of a tentative map, the time at which
said map expires may be extended by the Council.
No action on such an extension shall be taken,
however, until a new public hearing is held in the
same manner as specified in Paragraph (d) of this
Section. Such extension or extensions shall not
exceed a total of 36 months beyond the original
expiration date. In granting such extensions, the
Council may, moreover, impose additional tentative
map conditions which it deems necessary as the
result of new information or physical
circumstances which became apparent subsequent to
the original map approval.
"(1) Final maps. Final maps shall be
recorded with the County Recorder after their
processing and certification in accordance with
the provisions of Article 6 of Chapter 4 of this
Title.
"(m) Annexations. Tentative maps may
also be submitted for land located within
territory adjacent to the City. Approval of such
a tentative map shall be conditioned upon the
annexation of the property to the City within a
time specified.
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"(n) Lot line adjustments. A lot line
adjustment between two (2) or more existing
adjacent parcels, where the land taken from one
parcel is added to an adjacent parcel, and where a
greater number of parcels than originally existed
is not thereby created, shall not require the
processing of a subdivision map. Such adjustments
shall be approved by both the Director and the
City Engineer if the Director and City Engineer
each determine that all resulting adjusted parcels
conform to the lot size, frontage, and other
requirements of this Code and other applicable
regulations.
"The creation of the new property
lines and the concurrent elimination of the
previous property lines, following the approval of
the adjustment, shall be recorded with the County
Recorder.
"Either the Director or the City
Engineer may refer any lot line adjustment to the
Planning Commission for approval or denial.
"(o) Reversions to acreage and mergers:
11(1) Reversions to acreage shall be
reviewed and processed in accordance with the
requirements of the Subdivision Map Act.
11(2) Upon written application by
the owner, the merger of contiguous parcels under
common ownership may be approved by the Council
without the processing of a subdivision map or
reversion to acreage. Upon such approval, an
instrument drawn to the satisfaction of the City
Engineer shall be recorded evidencing said merger.
"(p) Conversions. Subdivision maps
providing for the conversion of property to
condominiums, community apartments, stock
cooperatives, or other types of individual
- ownership arrangements shall be processed in
accordance with this Section and with any
additional requirements set forth in the
Subdivision Map Act.
"(q) waiver of subdivision maps. The
requirement for the processing of a parcel map for
the subdivision of a property into four or fewer
parcels, or for the processing of a tentative and
final map for the construction of a condominium
project on a single parcel, may be waived by the
Council if it makes both of the following
findings:
WIM
"° The project is otherwise
subject to the development review requirements and
conditions of this Chapter 2.
1O The subject project complies
with all requirements of the Subdivision Map Act
and Title 9 of this Code regarding, but not
limited to, area, improvement and design, flood
water drainage control, appropriate improved
public roads, sanitary disposal facilities, water
supply availability, environmental protection, and
parkland requirements.
"(r) Dedications and reservations.
Dedications and reservations for public streets,
parks, school sites, and other uses shall be
imposed in accordance with Chapter 4 of this Title
and the Subdivision Map Act".
SECTION 3. Effective Date (Urgency).
This is an interim Ordinance, relating to zoning and
land use regulations, pursuant to Section 65858 of the California
Government Code and therefore shall be effective immediately upon
adoption. In accordance with said Section 65858, this Ordinance,
unless extended, shall be of no further force and effect 45 days
from its adoption.
SECTION 4. Citv Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted at the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 3rd day of July
1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Schwartze,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Buc
ATTEST:
CITY CLERISl`
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3'77
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 515 , adopted by the City
Council of the City of San Juan Capistrano, California, at a
regular meeting thereof held on the 3rd day of July , 1984
(SEAL)
MARY ANN,ANOVER, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 83-12-20-3 and on the 6th day of July 1984 ,
she caused to be posted:
'IPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-2.304 OF THE
MUNICIPAL CODE RELATING TO THE REVIEW AND
PROCESSING OF SUBDIVISIONS (URGENCY)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
- County Public Library.
CHECK LIST
ORD. NO_( --515 RES. NO.. .._.
�. Mayor has signed
Clerk has signed
__✓.. City Seal stamped
/... All blanks typed in
.._ ..Absent"
.Noes" -------.:=-C7 ...---...._ ..... ........
......_.... Typed in Official Record Book
.....__. Posted to Classified Cards
. _.... Copies sent taJ p? ........
_..._....._.._....................---------
Legal Publication ordered to be published
(date) -----------_..........__.................._-----.........
-i. Affidavits ...
Printed copies required __.... L......
.�.-.
MARY ANN ANOVER, CITY CLERK
San Juan`Capistrano, California
ORDINANCE
NO.
515
being:
AMENDMENT
TO
TITLE 9 OF THE
'IPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-2.304 OF THE
MUNICIPAL CODE RELATING TO THE REVIEW AND
PROCESSING OF SUBDIVISIONS (URGENCY)
in three (3) public places in the City of San Juan Capistrano,
to wit: City Hall; Old Fire Station Recreation Complex; Orange
- County Public Library.
CHECK LIST
ORD. NO_( --515 RES. NO.. .._.
�. Mayor has signed
Clerk has signed
__✓.. City Seal stamped
/... All blanks typed in
.._ ..Absent"
.Noes" -------.:=-C7 ...---...._ ..... ........
......_.... Typed in Official Record Book
.....__. Posted to Classified Cards
. _.... Copies sent taJ p? ........
_..._....._.._....................---------
Legal Publication ordered to be published
(date) -----------_..........__.................._-----.........
-i. Affidavits ...
Printed copies required __.... L......
.�.-.
MARY ANN ANOVER, CITY CLERK
San Juan`Capistrano, California