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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. -1- 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. -2- 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. -3- 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, -4- "(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. -5- "(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` -7- 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