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Home My WebLink About01/31/2000ORDINANCE NO. 01 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A.RECITALS. 1. On April 18, 1989 the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 of the Los Angeles County Code contains the Subdivision Code of Los Angeles County now currently applicable to the subdivisions within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing subdivision regulations contained within the County of Los Angeles Subdivision Code are outdated and ill-suited to meet the City's needs in terms of the type of development envisioned by the General Plan. 4. The Planning Commission of the City of Diamond Bar conducted duly noticed public hearings with regard to the Draft Subdivision Ordinance. The public hearings were held on August 26, September 2, September 6, September 9, September 23, October 14, October 27 and November 12, 1997; and January 27, and February 10, 1998. 5. The City Council of the City of Diamond Bar conducted duly noticed public hearing with regard to the Draft Subdivision Ordinance. The public hearings were held on December 1, December 15, 1998 and January 5, 1999. 6. The City Council considered, individually and collectively, the four draft articles comprising the City of Diamond Bar's Draft Subdivision Ordinance established pursuant to the Subdivision Map Act, Section 66410 et seq of the California Government Code. The Subdivision Ordinance consists of the following four draft articles: 1 ARTICLE III Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements ........... 111-3 21.30.010 - Purpose of Chapter ........................................... III -3 21.30.020 - Applicability of Design and Improvement Standards ............. III -3 21.30.030 - Access, Circulation, Streets ................................... III -4 21.30.040 - Energy Conservation ........................................ III -7 21.30.050 - Fire Hydrants ............................................... 111-7 21.30.060 - Grading, Erosion, and Sediment Control ....................... 111-8 21.30.070- Landscaping ................................................ III -8 21.30.080 - Major Structures ............................................ 111-9 21.30.090- Monuments ................................................ 111-9 21.30.100 - Parcel and Block Design ...................................... III -9 21.30.110 - Public Utilities and Utility Easements ......................... III -11 21.30.120 - Residential Density ......................................... III -12 21.30.130 - Sewage Disposal ........................................... III -12 21.30.140 - Street Lighting ............................................. III -13 21.30.150 -Street Names .............................................. 111-13 21.30.160 - Storm Drainage and Watercourses ............................ 111-13 21.30.170 - Traffic Safety Devices ....................................... III -14 21.30.180 - Water Supply .............................................. III -14 Chapter 21.32 - Dedications and Exactions ................................... III -17 21.32.010 - Purpose of Chapter ......................................... III -17 21.32.020 - Applicability .............................................. III -17 21.32.030 - Findings Required for Dedications and Exactions ............... III -17 21.32.040 - Park Land Dedications and Fees .............................. 1II-17 21.32.050 - Right -of -Way Dedications ................................... III -22 Chapter 21.34 - Improvement Plans and Agreements .......................... III -25 21.34.010 - Purpose of Chapter ......................................... III -25 21.34.020 - Improvement Plans ......................................... III -25 21.34.030 - Installation of Improvements ................................ III -26 21.34.040 - Improvement Agreements and Security ....................... III -27 Chapter 21.36 - Surveys and Monuments .................................... III -31 21.36.010 - Purpose of Chapter ......................................... III -31 21.36.020 - Survey Procedure and Practice ............................... III -31 21.36.030 - Monuments ............................................... III -31 21.36.040 - Survey Information on Final or Parcel Map ..................... III -33 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -1 Definitions V Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. T. Definitions, "T." No definitions beginning with the letter "T" are used at this time. U. Definitions, "U." The following definitions are in alphabetical order. Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. Use, primary. See 'Primary Use." V. Definitions, "V." No definitions of terms beginning with the letter "V" are used at this time. W. Definitions, "W." No definitions of terms beginning with the letter "W" are used at this time. X. Definitions, "X." No definitions of terms beginning with the letter "X" are used at this time. Y. Definitions, "Y." No definitions of terms beginning with the letter "Y" are used at this time. Z. Definitions, "Z." The following definitions are in alphabetical order. Zoning district. Any of the residential, commercial, industrial, special-purpose, or combining districts established by Article H of the Development Code (Zoning Districts and Allowable Land Uses), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -15 Lot Line Adjustments 21.26 C. Review and approval by City Engineer. The City Engineer shall: 1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment; 2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the review authority; Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel; 4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and 5. After approval of the legal descriptions, assemble the deeds and return them to the Applicant for recordation. D. Expiration. The approval of a Lot Line Adjustment shall expire and become void if the adjustment has not been completed as required by this Section within one year of approval. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2,1999 II -29 I. Purpose and Applicability of Subdivision Ordinance; II. Subdivision Review Procedures; III. Subdivision Design and Development; and IV. Subdivision Ordinance Definitions. The Subdivision Ordinance is intended to supersede Title 21 of the Los Angeles County Code now applicable to subdivisions within the City of Diamond Bar. 7. The City Council, after due consideration of public testimony, staff analysis and the Council's deliberations has determined that the Subdivision Ordinance attached hereto as Exhibit "A" implements the goals of the City and is consistent with the Diamond Bar General Plan. 8. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 10, 1998 in a one eighth page legal advertisement. 9. All legal prerequisites to the adoption of this Ordinance have occurred. 10. The City Council hereby finds that there is no substantial evidence that the Subdivision Ordinance will have a significant effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 11. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Subdivision Ordinance proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B.Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. The Subdivision Ordinance attached hereto as Exhibit "A" is hereby adopted as Title 21 of the Diamond Bar Municipal Code. 2 CHAPTER 21.28 - CERTIFICATES OF COMPLIANCE Sections: 21.28.010 - Purpose of Chapter 21.28.020 - Applicability 21.28.030 - Application Contents 21.28.040 - Review and Approval 21.28.050 - Conditional Certificates of Compliance 21.28.010 - Purpose of Chapter This Chapter provides procedures for the filing, processing, and approval or denial of Certificates of Compliance and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the requirements of the Map Act. 21.28.020 - Applicability A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance. 21.28.030 - Application Contents A Certificate of Compliance application shall include the form provided by the Department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map. 21.28.040 - Review and Approval A. Director action. The Director shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this Title, and other applicable provisions of the Municipal Code. Upon making the determination, the Director shall cause a Certificate of Compliance to be filed with the County Recorder. In the event that the Director determines that the real property does not comply with the provisions of this Title or the Map Act, the application shall instead be processed as a Conditional Certificate of Compliance (Section 21.28.050, Conditional Certificates of Compliance). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -31 Definitions P means of an assessment which may become a lien upon the separately owned parcel, or area in compliance with Civil Code Section 1367. Planning Commission. The Diamond Bar Planning Commission, appointed by the Diamond Bar City Council in compliance with Government Code Section 65101, referred to throughout this Title as the "Commission." Primary structure. A structure that accommodates the primary use of the site. Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this time. R. Definitions, "R." The following definitions are in alphabetical order. Review authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Title as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article II (Subdivision Review Procedures). S. Definitions, "S." The following definitions are in alphabetical order. Significant Ecological Area (SEA). Areas designated by the County of Los Angeles as containing significant biological resources. Aportion of the City and the majority of its sphere of influence are within the Tonner Canyon/ Chino Hills SEA 15, which contains a significant regional riparian woodland complex, supporting a variety of habitats containing representative plant and animal groups. Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. 1. Average slope. Average slope shall be determined by using the following formula: S = 0.002296 (I x L) A Where: S = Average slope of the parcel in percent A = Total number of acres in the parcel L = Length of contour lines in scaled feet I = Vertical distance of contour interval in feet Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -13 Certificates of Compliance 21.28 B. Form of certificate. The Certificate of Compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this Title, and shall include all information required by Map Act Section 66499.35. C. Effective date of certificate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder. 21.28.050 - Conditional Certificates of Compliance A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with this Section. A. Application. An application for a Conditional Certificate of Compliance shall be prepared and include the same materials as a Certificate of Compliance (Section 21.28.030). B. Review and approval. The processing, review and approval of the application shall occur as follows. 1. Staff Report. The Department shall prepare a staff report that: a. Describes the history of the land division; b. Determines whether the property was legally divided, in compliance with State law and applicable City (or earlier County) regulations at the time of division; c. References provisions of State law and City (or earlier County) ordinances applicable to the subdivision at the time the division in question occurred; and d. Recommends appropriate conditions of approval. 2. Review by Director. Upon making a determination that the real property does not comply with the provisions of this Title or the Map Act, the Director shall grant a Conditional Certificate of Compliance, imposing conditions as provided by Subsection C. below (Conditions of Approval). C. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the Director may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this Title, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the Hearing Officer may only impose conditions that would have been applicable at the time the property was acquired by the current owners. Diamond Bar Subdivision Ordinance Article Il - Subdivision Review Procedures February 2, 1999 II -32 2. The Los Angeles County Subdivision Code is hereby repealed in it entirety. PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF FEBRUARY, 1999, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: MAYOR I, Lynda Burgess, City Clerk 85t� the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the 5th day of January, 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the 2nd day of February, 1999, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: Ly a Burgess, ,City Clerk City of Diamond Bar 3 CHAPTER 21.30 - SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS Sections: 21.30.010 - Purpose of Chapter 21.30.020 - Applicability of Design and Improvement Standards 21.30.030 - Access, Circulation, Streets 21.30.040 - Energy Conservation 21.30.050 - Fire Hydrants 21.30.060 - Grading, Erosion and Sediment Control 21.30.070 - Landscaping 21.30.080 - Major Structures 21.30.090 - Monuments 21.30.100 - Parcel and Block Design 21.30.110 - Public Utilities and Utility Easements 21.30.120 - Residential Density 21.30.130 - Sewage Disposal 21.30.140 - Street Lighting 21.30.150 - Street Names 21.30.160 - Storm Drainage and Watercourses 21.30.170 - Traffic Safety Devices 21.30.180 - Water Supply 21.30.010 - Purpose of Chapter This Chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are consistent with the General Plan and any applicable Specific Plan. 21.30.020 - Applicability of Design and Improvement Standards The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements of the Development Code (Title 22) and this Title, as follows: A. Design standards. The standards in Sections 21.30.030 et seq. of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the City Engineer, and the Diamond Bar Development Improvement Standards, Requirements, and Guidelines. B. Subdivision improvement standards - Conditions of approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -3 CHAPTER 21.26 - LOT LINE, ADJUSTMENTS Sections: 21.26.010 - Purpose of Chapter 21.26.020 - Applicability 21.26.030 - Adjustment Application and Processing 21.26.040 - Approval or Denial of Adjustment 21.26.050 - Completion of Adjustment 21.26.010 - Purpose of Chapter This Chapter provides procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the General Plan and the requirements of Map Act Section 66412(d). 21.26.020 - Applicability A. As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this Chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment. B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this Chapter. 21.26.030 - Adjustment Application and Processing A Lot Line Adjustment application shall be prepared, filed and processed as provided by this Section. A. Application content. A Lot Line Adjustment application shall include all information and other materials required by the Department. B. Processing. Lot Line Adjustment applications shall be submitted to the Department and shall be processed in compliance with the procedures specified by Chapter 22.44 (Application Filing and Processing) of the Development Code. No environmental review shall be required, in compliance with the CEQA Guidelines. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -27 Diamond Bar Subdivision Ordinance Table of Contents ARTICLE I - Purpose and Applicability of Subdivision Ordinance Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3 21.01.010-Title.........................................................I-3 21.01.020-Purpose......................................................I-3 21.01.030- Authority....................................................I-3 21.01.040 - Applicability................................................. 1-3 21.01.050 - Compliance with other Regulations Required ..................... I-4 21.01.060 - Conflicting Provisions ......................................... I-4 Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5 21.02.010 - Purpose of Chapter ............................................ 1-5 21.02.020 - Responsibility for Administration ............................... I-5 21.02.030 - Advisory Agency ............................................. I-5 21.02.040 - Authority for Subdivision Decisions ............................. I-6 21.02.050-Enforcement..................................................I-6 Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9 21.03.010 - Purpose of Chapter ............................................ I-9 21.03.020 - Type of Subdivision Approval Required .......................... I-9 21.03.030 - Exemptions from Subdivision Approval Requirements ............ I-10 21.03.040 - Applications Deemed Approved ............................... I-12 21.03.050 - Exceptions to Subdivision Standards ............................ I-12 -21.03.060 - Application Fees ............................................. I-13 ARTICLE U - Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing ........................... II -3 21.20.010 - Purpose of Chapter ........................................... II -3 21.20.020 - Tentative Map Preparation, Application Contents ................ U-3 21.20.030 - Tentative Map Filing, Initial Processing ......................... II -3 21.20.040 - Evaluation of Application ..................................... II -5 21.20.050 - Commission Review and Decision .............................. 11-5 21.20.060 - Council Review and Decision .................................. II -6 21.20.070 - Tentative Map Public Hearings ................................ II -6 21.20.080 - Tentative Map Approval or Disapproval ........................ 11-7 21.20.090 - Conditions of Approval ....................................... 11-8 21.20.100 - Effective Date of Tentative Map Approval ....................... II -9 21.20.110 - Changes to Approved Tentative Map or Conditions ............. H-10 21.20.120 - Completion of Subdivision Process ............................ H-11 21.20.130 - Vesting Tentative Maps ...................................... II -11 21.20.140 - Expiration of Approved Tentative Map ......................... II -13 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 Page -1 Certificates of Compliance 21.28 D. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the conditions imposed by the Director may be appealed to the review authority in compliance with Chapter 22.74 (Appeals) of the Development Code. E. Completion of process. Following expiration of the 10 -day appeal period after the determination and imposition of conditions by the Director, the Agency shall file a Conditional Certificate of Compliance with the County Recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property. F. Effective date of certificate. A Conditional Certificate of Compliance shall notbecome effective until the document has been recorded by the County Recorder. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -33 Definitions L Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot. Lot coverage. See "Site Coverage." Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 4-5 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration. Lot frontage. The boundary of a lot adjacent to a public street right-of-way. Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 4-5 (Lot Features)): 1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. Interior lot line. Any lot line not abutting a street. 3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line. 4. Side lot line. Any lot line that is not a front or rear lot line. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 4-5 (Lot Features). The Director shall determine lot width for parcels of irregular shape. M. Definitions, "M." The following definitions are in alphabetical order. Map Act. See "Subdivision Map Act." Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Municipal Code. The City of Diamond Bar Municipal Code, as it may be amended from time to time by the Council. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -11 Lot Line Adjustments 21.26 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -30 DLL CITY OF DIAMOND BAR SUBDIVISION ORDINANCE Title 21 of the Diamond Bar Municipal Code Adopted February 2, 1999 Ordinance No. 1 (1999) Prepared by THE PLANNING & ZONING ALLIANCE URBAN DESIGN STUDIO JACOBSON & WACK CRAWFORD, MULTARI, & CLARK Subdivision Design and Improvements 21.30 c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access. Private streets are•allowed only incompliance with Subsection E., following. B. Access to subdivision. Every subdivision shall be designed to have access to a City street. Access shall be provided by: The subdivision abutting a City street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this Section; or 2. The subdivision being connected to a City street by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be: a. Offered for dedication; b. Unencumbered by any senior rights that might serve to restrict its proposed use; and Of a width and location to accommodate the construction of all improvements required by this Section and the City's Development Improvement Standards, Requirements and Guidelines. C. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows. 1. City.street access required. Each parcel within a proposed subdivision shall be provided access by being located on an existing City street or a new City street designed and improved in compliance with Subsection B. of this Section, or.to a private street if allowed by Subsection E. of this Section. 2. Access denial. When a State highway or a street classified as a major arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels. Reservation strips shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines over the ends of street stubs. 3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway. 4. Alleys. Alleys may be proposed as part of non-residential subdivisions, but shall not be allowed in residential subdivisions. When a subdivision is proposed in an Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -5 Definitions S 2. Man-made slope. A manufactured slope consisting wholly or partially of either cut or filled material. 3. Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. Slope transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. State. The State of California. Stock Cooperative. A development defined by Business and Professions Code 11003.2 and Civil Code Section 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property. Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection. Street line. The boundary between a street right-of-way and property. Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Title, the term "structure" includes "buildings." Structure, primary. See "Primary Structure." Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision(d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -14 Condominiums and Condominium Conversions 21.24 application being found complete in compliance with Section 22.44.050 (Initial Application Review) of the Development Code. The 120 -day time limit may be extended by mutual consent of the subdivider and the City. 2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made. 3. Limitation on conversions. In compliance with the General Plan, no condominium conversion shall be approved while the vacancy rate within the City for multi -family housing is less than four percent. E. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 21.22 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b) or 66428.1. If a Parcel Map is waived, a Tentative Map shall still be required. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -25 Contents 21.30.080- Major Structures .............................................III -9 21.30.090 - Monuments ................................................. III -9 21.30.100 - Parcel and Block Design ....................................... III -9 21.30.110 - Public Utilities and Utility Easements ..........................III -11 21.30.120 - Residential Density .......................................... III -12 21.30.130 - Sewage Disposal ............................................ I1I-12 21.30.140 - Street Lighting..............................................1II-13 21.30.150 - Street Names ............................................... III -13 21.30.160 - Storm Drainage and Watercourses ............................. III -13 21.30.170 - Traffic Safety Devices ........................................III -14 21.30.180 - Water Supply ............................................... III -14 Chapter 21.32 - Dedications and Exactions ....................................III -17 21.32.010 - Purpose of Chapter .......................................... III -17 21.32.020 - Applicability ...............................................III -17 21.32.030 - Findings Required for Dedications and Exactions ................ III -17 21.32.040 - Park Land Dedications and Fees ............................... III -17 21.32.050 - Right -of -Way Dedications .................................... III -22 Chapter 21.34 - Improvement Plans and Agreements ........................... III -25 21.34.010 - Purpose of Chapter .......................................... III -25 21.34.020 - Improvement Plans ..........................................III -25 21.34.030 - Installation of Improvements .................................III -26 21.34.040 - Improvement Agreements and Security ........................ III -27 Chapter 21.36 - Surveys and Monuments ..................................... III -31 21.36.010 - Purpose of Chapter ..........................................III -31 21.36.020 - Survey Procedure and Practice ................................ III -31 21.36.030- Monuments ................................................III -31 21.36.040 - Survey Information on Final or Parcel Map ...................... III -33 ARTICLE IV - Subdivision Ordinance Definitions Chapter 21.40 - Definitions ................................................ IV -3 21.40.010 - Purpose of Chapter .......................................... N-3 21.40.020 - Definitions of Specialized Terms and Phrases .................. IV -3 Diamond Bar Subdivision Ordinance Table of Contents Hearing Draft - January 5,1999 Page 3 Contents Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -2 Definitions L L. Definitions, "L." The following definitions are in alphabetical order. Land use permit. Authority granted by the City to use a specified site for a particular purpose, including Conditional Use Permits and Minor Conditional Use Permits, Planned Development Permits, Temporary Use Permits, Variances and Minor Variances, and Zoning Clearances, as established by Article IV (Land Use and Development Permit Procedures) of the Development Code. Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Title. Types of lots include the following. See Figure 4-4 (Lot Types). 1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee. 3. Interior lot. A lot abutting only one street. 4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot. 5. Reverse corner lot. A corner lot, the rear of which abuts a key lot. 6. Through lot. A lot with frontage on two generally parallel streets. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -9 Lot Line Adjustments 21.26 21.26.040 - Approval or Denial of Adjustment The Director shall determine whether the parcels resulting from the adjustment will conform with the applicable _provisions of this Title. The Director ma approve, conditionally approve, or not approve the Lot Line Adjustment iii compliance with this Section. Decisions made by the Director may be appealed to the Commission in compliance with Chapter 22.74 (Appeals) of the Development Code. A. Required findings. A proposed Lot Line Adjustment shall be denied if the Director finds any of the following: The adjustment will have the effect of creating a greater number of parcels than exist before adjustment; Any parcel resulting from the adjustment will conflict with any applicable regulations of the Development Code; or The adjustment will result in an increase in the number of nonconforming parcels. B. Conditions of approval. In approving a Lot Line Adjustment, the Director shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Title and Title 15 (Building and Construction Safety) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or easements. 21.26.050 - Completion of Adjustment Within 1 year after approval of The Lot Line Adjustment, the process shall be completed in compliance with this Section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied. A. Completion by deed. A Lot Line Adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The Applicant shall submit deeds to the City Engineer for review and approval in compliance with Subsection C. below (Review and Approval by City Engineer), before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State. B. Completion by record of survey. If required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment shall not be effective or final until a record of survey has been checked by the City Engineer and recorded by the County Recorder. Where not required, a Lot Line Adjustment may also be completed by record of survey in compliance with this Subsection at the option of the Applicant. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2,1999 II -28 Contents 21.20.150 - Extensions of Time for Tentative Maps ...:.......... ............ II -14 21.20.160 - Applications Deemed Approved .............................. II -14 Chapter 21.22 - Parcel Maps and Final Maps .................................. II -15 21.22.010 - Purpose of Chapter .......................................... II -15 21.22.020 -Parcel Maps ................................................ II -15 21.22.030 - Waiver of Parcel Map ........................................ H-15 21.22.040 - Parcel Map Form and Content ................................. II -18 21.22.050 - Filing and Processing of Parcel Maps .......................... I1-18 21.22.060 - Parcel Map Approval ........................................ H-18 21.22.070 -Final Maps ................................................. II -18 21.22.080 - Final Map Form and Content ................................. II -19 21.22.090 - Filing and Processing of Final Maps ........................... II -19 21.22.100 - Final Map Approval ......................................... II -19 21.22.110 - Supplemental Information Sheets .............................. II -20 21.22.120 - Recordation of Maps ......................................... II -21 21.22.130 - Amendments to Recorded Maps .............................. 1I-21 Chapter 21.24 - Condominiums and Condominium Conversion ................. II -23 21.24.010 - Purpose of Chapter .......................................... 11-23 21.24.020 - Condominiums ............................................. II -23 21.24.030 - Condominium Conversions .................................. II -23 Chapter 21.26 - Lot Line Adjustments ........................................ II -27 21.26.010 - Purpose of Chapter .......................................... 11-27 21.26.020 - Applicability ............................................... II -27 21.26.030 - Adjustment Application and Processing ........................ II -27 21.26.040 - Approval or Denial of Adjustment ............................. II -28 21.26.050 - Completion of Adjustment ................................... II -28 Chapter 21.28 - Certificates of Compliance .................................... II -31 21.28.010 - Purpose of Chapter .......................................... II -31 21.28.020 - Applicability ............................................... II -31 21.28.030 - Application Contents ........................................ II -31 21.28.040 - Review and Approval ........................................ II -31 21.28.050 - Conditional Certificates of Compliance ......................... II -32 ARTICLE III - Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements ............ 111-3 21.30.010 - Purpose of Chapter ...........................................1111-3 21.30.020 - Applicability of Design and Improvement Standards .............. III -3 21.30.030 - Access, Circulation, Streets .................................... III -4 21.30.040 - Energy Conservation ......................................... III -7 21.30.050 -Fire Hydrants................................................III-7 21.30.060 - Grading, Erosion, and Sediment Control ........................ III -8 21.30.070 - Landscaping ................................................. III -8 Diamond Sar Subdivision Ordinance Table of Contents Hearing Draft - January 5, 1999 Page 2 Subdivision Design and Improvements 21.30 the-inaintenance of private roads and ownership of the street right-of-ways of any subdivision. 2. Design and improvement standards. Private roads shall be designed and improved as set forth in Subsections B. and C. 3. Security and conditions. The Commission and/or Council may require any guarantees and conditions it deems necessary to carry out the provisions of this Title pertaining to private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the Parcel or Final Map. 4. Offer of dedication. All proposed private roads shall be subject to irrevocable offers of dedication to the City on the applicable Parcel or Final Map, or separate instrument submitted to the City along with the Parcel or Final Map. F. Alternative circulation systems. Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, and/or the City-wide Comprehensive Parks Master Plan, as applicable. G. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the City's Development Improvement Standards, Requirements, and Guidelines where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character. The use of alternative standards shall be authorized through the exception procedure in Section 21.03.050. 21.30.040 - Energy Conservation The design of a subdivision for which a Tentative and Final Map are required by this Title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. 21.30.050 - Fire Hydrants A. Installation, location, number. The subdivider shall install fire hydrants connected to a water supply capable of delivering the required fire flow, within the public right- of-way, along private streets, and/or on the site to be protected, in compliance with this Section. The number and location of fire hydrants shall be determined by the review authority based upon recommendations from the Fire Chief. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -7 Definitions N N. Definitions, "N." The following definitions are in alphabetical order. Natural grade. See "Grade." Natural slope. See "Slope." ,Nonconforming parcel. A parcel that was legally created prior to the adoption of this Title and which does not conform to current Code provisions /standards (e. g.,access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located. O. Definitions, "O." The following definitions are in alphabetical order. Occupancy. All or a portion of a structure occupied by one tenant. Open Space, Common. Outdoor areas within a development project that may be used by all residents/tenants of the site. Open Space, Private. An outdoor area within a development project that is reserved for use by the residents/ tenants of a specific unit or portion of the site. P. Definitions, "P." The following definitions are in alphabetical order. Pad. A level area created by grading to accommodate development. Parcel. See "Lot, or Parcel." Permitted Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) of the Development Code as being allowed in a particular zoning district, subject to the approval of a Zoning Clearance, in compliance with Chapter 22.46 (Zoning Clearances). Person. Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Planned Development. As defined by Civil Code Section 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features: 1. The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -12 CHAPTER 21.24 - CONDOMINIUMS AND CONDOMINIUM CONVERSION Sections: 21.24.010 - Purpose of Chapter 21.24.020 - Condominiums 21.24.030 - Condominium Conversions 21.24.010 - Purpose of Chapter This Chapter establishes requirements for applications for the creation of a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Subdivision Map Act. 21.24.020 - Condominiums When a residential structure is proposed at the time of construction as a condominium or other common interest development, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 21.20 (Tentative Map Filing and Processing). Chapter 21.22 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed. 21.24.030 - Condominium Conversions A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 21.20 (Tentative Map Filing and Processing), with the following exceptions. A. Application contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -23 Contents Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-2 Subdivision Design and Improvements 21.30 Section 21.20.080 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 21.20.090). The design, construction or installation of all subdivision improvements shall comply with the. requirements of the City Engineer. C. Conflicting provisions. In the event of any conflict between the provisions of this Chapter and other provisions of this Title, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Chapter and the Map Act, the Map Act shall control. D. Extent of improvements required - Four or fewer parcels. As required by Map Act Section 66411. 1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. E. Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act 66486. F. Exceptions. Exceptions to the provisions of this Chapter may be requested and considered in compliance with Section 21.03.050 (Exceptions to Subdivision Standards). 21.30.030 - Access, Circulation, Streets Proposed subdivisions shall be designed to provide adequate access from each new parcel to a City street, in compliance with this Section. A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this Section, the Diamond Bar Development Improvement Standards, Requirements, and Guidelines, and with the Circulation Element of the General Plan. Street design shall provide for safe vehicular operation at a specified design speed. 2. Public streets shall be required when: a. The street is shown as an arterial or collector in the Circulation Element of the General Plan, or any other specific or precise plan; b. The street will be used by the general public as a through access route; or Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -4 Definitions J. Definitions, "J." No definitions of terms beginning with the letter T are used at this time. K. Definitions, "K." No definitions of terms beginning with the letter "K" are used at this time. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -7 Condominiums and Condominium Conversions 21.24 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -26 ARTICLE I Purpose and Applicability of Subdivision Ordinance Chapter 21.01- Enactment and Applicability of Subdivision Ordinance ........... I-3 21.01.010-Title.........................................................I-3 21.01.020-Purpose......................................................I-3 21.01.030 - Authority .................................................... I-3 21.01.040 - Applicability................................................. I-3 21.01.050 - Compliance with other Regulations Required ..................... I-4 21.01.060 - Conflicting Provisions ......................................... I-4 Chapter 21.02 - Administration of Subdivision Ordinance ........................ I-5 21.02.010 - Purpose of Chapter ............................................ I-5 21.02.020 - Responsibility for Administration ............................... I-5 21.02.030 - Advisory Agency ............................................. I-5 21.02.040 - Authority for Subdivision Decisions ............................. I-6 21.02.050-Enforcement..................................................I-6 Chapter 21.03 - Subdivision Map Approval Requirements ........................ I-9 21.03.010 - Purpose of Chapter ............................................ I-9 21.03.020 - Type of Subdivision Approval Required .......................... I-9 21.03.030 - Exemptions from Subdivision Approval Requirements ............ 1-10 21.03.040 - Applications Deemed Approved ............................... 1-12 21.03.051] - Exceptions to Subdivision Standards ............................ I-12 21.03.060 - Application Fees ............................................. 1-13 Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2,1999 I-1 Subdivision Design and Improvements 21.30.080 - Major Structures 21.30 The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the City with all drawings, specifications, and engineering calculations used in the design and construction of a major structure. 21.30.090 - Monuments The subdivider shall install monuments in compliance with Chapter 21.36 (Surveys and Monuments), and the Map Act. 21.30.100 - Parcel and Block Design The size, shape and arrangement of proposed parcels shall comply with this Section, or with any General Plan policy, applicable Specific Plan requirement, other Development Code provision, or other Municipal Code provision applicable to a proposed subdivision. A. Parcel area. The minimum area for new parcels shall be as required by Article II (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section. 1. Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article II, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision: a. A vehicular or non -vehicular access easement through the parcel; b. An easement for an open drainage course, whether a ditch, natural channel or floodway; or c. The "flag pole" (access strip) of a flag lot. (See Subsection B.S, following.) 2. Minimum lot area requirements for common interest developments. The minimum lot area requirements of Article Il shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar common interest developments, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development. B. Dimensions. The dimensions of new parcels shall be as follows. 1. Parcel width. New parcels shall be designed to have a minimum width of 50 feet; except that each parcel on a turnaround, cul-de-sac or curved street, where the side'lot lines are diverging from the front to the rear of the parcel, shall have a Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2,1999 111-9 Definitions i 1 Key Lot Reverse Corner Lot Interior ot L�^ ot I Figure 4-4 LOT TYPES Gross Lot Area i> Lot Net Lot Width , ' Area "Rear Lot Line Front Lot Line Figure 4-5 LOT FEATURES Easement L Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -10 Side Lot Line Lot Depth Lot width Average Distance Midway y Between Between Front and Front and Rear Lot Rear Lot i jr Lincs Lines v i Front Lot Line Figure 4-5 LOT FEATURES Easement L Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -10 Parcel Maps and Final Maps 21.22 B. Content of information sheets. Supplemental information sheets shall contain the following statements and information: 1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by the City Engineer, the words "Supplemental Information Sheet," 2. Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest; 3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the City; 4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water; 5. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and 6. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications. 21.22.120 - Recordation of Maps A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e). B. The County Recorder will review and act upon Parcel and Final Maps filed with that office as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law. 21.22.130 - Amendments to Recorded Maps A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section. A. Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 I1-21 Enactment and Applicability 21.01 21.01.050 - Compliance with other Regulations Required The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in Title 22 of the Municipal Code (the Development Code), or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City. 21.01.060 - Conflicting Provisions In the event of any conflict between the provisions of this Title and the Map Act, the Map Act shall control. In the event of any conflict between the provisions of this Title and Title 22 of the Municipal Code (the Development Code), or between this Title and other provisions of the Municipal Code, the most restrictive provision shall control. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-4 Subdivision Design and Improvements 21.30 area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys at least 20 feet wide at the rear of the parcels. D. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the Diamond Bar Development Improvement Standards, Requirements and Guidelines. 1. Alignment. The alignment of streets shown on a Tentative Map shall be: a. Consistent with the Circulation Element of the General Plan, where applicable; and b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves; 2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall be as provided by the Diamond Bar Development Improvement Standards, Requirements and Guidelines. 3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed with the proposed subdivision be extended to the boundary of the property to provide access to the future development. 4. Improvements to existing streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements in compliance with the General Plan, if it is determined that the proposed subdivision will create the need for the improvements. 5. Length of loop, cul-de-sac, and other dead-end streets. The maximum length of a loop street shall be 1,200 feet. A proposed subdivision shall not be designed with a dead-end street having a length greater than 500 feet from the first intersecting through street. Maximum length shall be measured from the edge of the roadway surface at the intersection that begins the road, to the end of the road surface at its farthest point. E. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted except where the Council determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision. Maintenance requirements. Provisions satisfactory to the City Attorney shall be made for lot owners association or other organization to assume responsibility for Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -6 Definitions E Exaction. A requirement for the dedication of land or the payment of a fee, imposed as a condition of development project approval, in response to the anticipated impacts of a proposed project on the community. F. Definitions, "F." The following definitions are in alphabetical order. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Fill. A deposit of earth material placed by artificial means. Finish grade. See "Grade." G. Definitions, "G." The following definitions are in alphabetical order. General Plan. The City of Diamond Bar General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Title as the "General Plan." Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. 1. Existing or natural grade. The contour of the ground surface before grading. 2. Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan. Natural grade. The elevation of the ground level in its natural state before grading, filling or construction. 4. Street grade. The elevation of the centerline of the street adjacent to the site proposed for development. Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing operations. 1. Conventional grading. See Figure 4-1. a. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular. b. Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -5 Condominiums and Condominium Conversions 21.24 1. Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units. 2. Public notice materials. Business size envelopes will be sent to each tenant of the property being converted, with first class postage affixed to each envelope. Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10. 4. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing, in compliance with the General Plan. This program shall, at a minimum, comply with the provisions of the Map Act Section 66452.8. 5. Vacancy rate assessment. An assessment of the vacancy rate in multi -family housing within the City. 6. Mobile home park conversion impact report. If the development being converted to a condominium is a mobile home park, the application shall also include the report required by Map Act 66427.4. B. Staff report. The staff report on the Tentative Map for the condominium conversion (Section 21.20.040) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the Commission or Council. C. Public notice. The following notice shall be provided in addition to that required by Chapter 22.72 (Public Hearings) of the Development Code: Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and 2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3. D. Approval of conversion, required findings. 1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -24 CHAPTER 21.01- ENACTMENT AND APPLICABILITY OF SUBDIVISION ORDINANCE Sections: 21.01.010 - Title 21.01.020 - Purpose 21.01.030 - Authority 21.01.040 - Applicability 21.01.050 - Compliance with other Regulations Required 22.01.060 - Conflicting Provisions 21.01.010 - Title This Title shall be known as the City of Diamond Bar Subdivision Ordinance, hereafter referred to as "this Title." 21.01.020 - Purpose The provisions of this Title are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This Title is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of applications, and the review, approval, and construction of proposed subdivisions. 21.01.030 - Authority This Title is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Title shall, nevertheless, apply to all subdivision maps and proceedings under this Title. 21.01.040 - Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21.03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Title and the Map Act, the Map Act shall control. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-3 Subdivision Design and Improvements 21.30 2. _ Block length. Blocks shall be no longer than 1,200 feet unless existing conditions warrant an exception (Section 21.03.050). D. Building pads on hillside lots. A Tentative Map proposing parcels with a slope of 20 percent or greater shall show proposed pad locations. Approved pad locations shall be shown on a supplemental information sheet in compliance with Section 21.22.110 (Supplemental Information Sheets), recorded with an approved Parcel or Final Map. E. Driveway standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 22.30.080 (Driveways and Site Access) of the Development Code. 21.30.110 - Public Utilities and Utility Easements Public utilities including electricity, gas, water, sewer, storm drains and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Sections 21.30.130 (Sewage Disposal) and 21.30.180 (Water Supply). The installation of utilities may be waived by the review authority through an exception granted in compliance with Section 21.03.050, if the review authority also finds that not installing the utilities as part of the subdivision improvements will be in the public interest. A. Underground utilities required. Utilities in new subdivisions shall be installed underground, as follows: 1. When undergrounding is required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer. The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or any other conditions make underground installation unreasonable or impractical. 2. Location of installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -11 Definitions CN Conventionally Graded Slopes .•. \ •cod° :� - - : �. Figure 4-1 CONVENTIONAL GRADING Contour -Graded Slopes Figure 4-2 CONTOUR GRADING Landform -Graded Slopes Figure 4-3 LANDFORM GRADING Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -8 Parcel Maps and Final Maps 21.22 21.22.080 - Final Map Form and Content A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittal shall include all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the City Engineer. 21.22.090 - Filing and Processing of Final Maps A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 21.22.060 above shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall: Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and 2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to Tentative Map expiration and resubmit the Parcel Map, together with all required data. C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request. 21.22.100 - Final Map Approval After determining that the Final Map is in compliance and is technically correct in compliance with Section 21.22.080, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Map Act Section 66442, and forward the Final Map to the Council for action, as follows. A. Review and approval by Council. The Council shall approve or disapprove the Final Map at its next regular meeting after the City Clerk receives the map, or at its next regular meeting after the meeting at which it receives the map unless that time limit is extended with the mutual consent of the City Engineer and the subdivider. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 I1-19 Administration of Subdivision Ordinance 21.02 of the Map Act when the advisory agency (Los Angeles County) requests such review; 4. Approve, conditionally approve, or disapprove Parcel Map waiver applications in compliance with Section 21.22.030 (Waiver of Parcel Map); and 5. Perform additional duties and exercise additional authorities as prescribed bylaw and by this Title. 21.02.040 - Authority for Subdivision Decisions Table 1-1 (Authority for Subdivision Decisions) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Title. TABLE 1-1 AUTHORITY FOR SUBDIVISION DECISIONS Type of Subdivision Application or Decision Role of Review Authori Director Commission I Council Certificates of Compliance Decision Appeal Appeal Conditional Certificates of Compliance Decision Appeal Appeal Lot Line Adjustments Decision A eal A eal Parcel Map Waivers Recommend Recommend Decision Tentative Mas Recommend Recommend Decision Tentative Map Time Extensions Recommend Recommend Decision Parcel and Final Maps Recommend Decision 21.02.050 - Enforcement A. Notice of Violation. Any City officer or employee who has knowledge that a real property has been divided in violation of the Map Act or this Title, shall immediately notify the Director. Upon receipt of the information, the Director shall file a notice in compliance with the Map Act. The Director shall also schedule a hearing before the Commission for the purpose of determining whether a final notice of violation shall be recorded in compliance with the Map Act. The owner of the real property shall be notified of the time, date, and place of the hearing, of his/her right to present evidence at the hearing, and shall be advised that if the Commission determines a violation to have occurred, a final notice of violation shall be recorded no sooner than 60 days following receipt by the property owner of a copy of the first recorded notice. The decision of the Commission may be appealed to the Council. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 1-6 Subdivision Design and Improvements 21.30 2. Standard hydrant spacing -shall be at 300 -foot intervals in all areas except areas containing only single -story single-family or duplex dwellings, in which case standard hydrant spacing shall be at 500 foot intervals. 3. The review authority may make minor modifications to the hydrant placement distances above based on recommendations from the Fire Chief, where the review authority determines that it would not be adverse to the City's fire protection capabilities. In no case shall fire hydrants be spaced closer than 300 -foot intervals. B. Hydrant type. Proposed fire hydrants shall be a model approved by the Fire Chief. 21.30.060 - Grading, Erosion, and Sediment Control New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Section 18.108.190 of the Municipal Code. 21.30.070 - Landscaping A. Landscaping requirements. Landscaping shall be provided as follows, and in compliance with Chapter 22.24 (Landscaping Standards), and Section 22.30.070.H (Development Standards for Off -Street Parking - Landscaping) of the Development Code, where applicable. 1. Residential subdivision. The developer shall provide a residential subdivision with landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. 2. Nonresidential subdivisions. The developer shall provide a nonresidential subdivision with landscaping as required by the review authority. B. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought -resistant and drought -tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Chapter 22.24 (Landscaping Standards) of the Development Code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping. C. Deferral of installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of .Section 21.34.040 (Improvement Agreements and Security), provided that interim erosion and sediment control measures are first installed in compliance with Section 21.30.060 above (Grading, Erosion and Sediment Control). Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -8 CHAPTER 21.40 - DEFINITIONS 21.40.010 - Purpose of Chapter This Chapter provides definitions for the subdivision design and development terminology used in this Subdivision Ordinance. 21.40.020 - Definitions of Specialized Terms and Phrases As used in this Title, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. Definitions, "A." The following definitions are in alphabetical order. Agent. A person authorized in writing by a property owner or lessee to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Title. Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. Approval. Includes both approval and approval with conditions. B. Definitions, "B." The following definitions are in alphabetical order. Building Official. The City of Diamond Bar employee or independent contractor designated by the Council as the Building Official. C. Definitions, "C." The following definitions are in alphabetical order. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21000 et seq. City. The City of Diamond Bar, State of California, referred to in this Title as the "City." City Council. The Diamond Bar City Council, referred to in this Title as the "Council." City Engineer. The City of Diamond Bar employee or independent contractor designated by the Council as City Engineer. Commission. See 'Planning Commission." Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -3 Parcel Maps and Final Maps 21.22 accomplished by eithenthe filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed. B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 21.34.040 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 21.03.020 (Type of Subdivision Approval Required). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2,1999 II -22 CHAPTER 21.02 - ADMINISTRATION OF SUBDIVISION ORDINANCE Sections: 21.02.010 - Purpose of Chapter 21.02.020 - Responsibility for Administration 21.02.030 - Advisory Agency 21.02.040 - Authority for Subdivision Decisions 21.02.050 - Enforcement 21.02.010 - Purpose of Chapter This Chapter assigns the responsibility and authority for the administration and enforcement of this Title, and the processing, review, approval or disapproval of the subdivision applications required by this Title. 21.02.020 - Responsibility for Administration The Deputy City Manager responsible for Community and Development Services, hereafter referred to as the "Director," is authorized and directed to administer and enforce the provisions of this Title and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Title. 21.02.030 - Advisory Agency An advisory agency as described in the Map Act is hereby established, and shall be assigned authority and duties as provided by this Section. A. Composition of advisory agency. The advisory agency shall be the Planning Commission, hereafter referred to as the "Commission," as determined by Section 21.02.040 (Authority for Subdivision Decisions). B. Authority and duties. The advisory agency shall: Recommend to the City Council, hereafter referred to as the "Council" the approval, conditional approval, or disapproval of all Tentative Maps, and requests made to modify the design and improvement standards of this Title in compliance with Section 21.03.050 (Exceptions to Subdivision Standards); 2. Recommend modifications of the requirements of this Title; Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Los Angeles County in compliance with the provisions Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 1-5 Subdivision Design and Improvements 21.30.140 - Street Lighting 21.30 A proposed subdivision shall incorporate street lighting facilities determined by the review authority to be consistent with the character of the area, and the needs of public safety, and designed and constructed to the standards established by the City Engineer. 21.30.150 - Street Names All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street. 21.30.160 - Storm Drainage and Watercourses A. Drainage systems required. The developer shall provide a subdivision with storm drainage facilities as required by this Section, and Section 21.30.160 (Storm Drainage and Runoff). 1. Performance and capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the City Engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed for a flood frequency of 50 years, unless otherwise approved by the City Engineer. Drainage system design shall avoid unnatural concentrations of storm water runoff and retain existing drainage courses wherever possible. 2. Culverts. The minimum diameter of a storm drain pipe placed beneath a public street shall be 18 inches. Pipe materials shall be approved by the City Engineer, and placed at the grade of the drainage channel whenever practical. Minimum allowable culvert grade shall be 1.0 percent under normal circumstances. Minimum allowable open ditch grade shall be 2.0 percent. 3. Location of facilities. Drainage facilities shall be located within a street right-of- way or within public drainage easements. 4. Timing of installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rights-of-way and other subdivision improvements. 5. Interim maintenance. All subdivision drainage facilities shall be maintained by the developer until accepted by the City or Los Angeles County Flood Control District. B. Drainage easements. Required drainage systems shall be located within drainage easements delineated on the Final Map or Parcel Map, and the easements shall satisfy Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -13 Definitions G c. Landscaping is applied in random or geometric patterns. 2. Contour grading. See Figure 4-2. a. Contour -graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear. b. Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face. c. Landscaping is applied in random or geometric patterns. 3. Landform grading. See Figure 4-3. a. Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. b. Slope down -drain devices either follow the natural line of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock. c. Landscaping becomes a 11revegetation" process and is applied in patterns that occur in nature: trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. H. Definitions, "H." The following definitions are in alphabetical order. Hearing Officer. The Diamond Bar Community and Development Services Department employee designated by the Community Development Director as the City's Hearing Officer, with the authority and responsibility to conduct public hearings and approve or disapprove subdivision applications in compliance with Article II (Subdivision Review Procedures). Hillside. A parcel of land which contains grades in excess of 10%. I. Definitions, "I." The following definitions are in alphabetical order. Improvement, Any public infrastructure, including streets, storm drains, sewers and the like. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -6 Parcel Maps and Final Maps 21.22 submittal of the title report with the Tentative Map application. If a change in ownership has occurred, the subdivider shall submit a new title report issued within -.60 -days before the filing of the certificate of completion application. c. A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road. d. A certificate of completion in the form required by the City Engineer, prepared for recording, including: (1) A list of all requirements imposed as conditions of approval of the Tentative Map, including but not limited to any requirements for the construction of offsite and onsite improvements; (2) A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act; and (3) A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor. e. Any required recordation fees. 2. Review and approval of certificate. The City Engineer shall review, approve or disapprove, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as, necessary to ensure that: a. All record title owners have consented to the subdivision; b. The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and c. The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map. If the City Engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the City Engineer shall place an endorsed approval upon the face of the certificate and shall file it with the County Recorder. - Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -17 Administration of Subdivision Ordinance Diamond Bar Subdivision Ordinance February 2, 1999 21.02 Article I - Purpose and Applicability I-8 Subdivision Design and Improvements 21.30 minimum width of 60 feet, measured at the front setback line required for the primary structure by Article H. 2. Parcel depth. No new parcel shall have a depth less than 80 feet, or a depth greater than three times the average width of the lot when the lot has a width of less than 250 feet. 3. Exceptions. The review authority may approve parcels with different dimensions than provided by this Section within the -PD (Planned Development) overlay zoning district, or where the review authority determines a different dimensions are appropriate because of topographic constraints. 4. Location of lot lines. a. Orientation to streets. The side lot lines of all parcels shall be at right angles to the center line of the street, and radial to curved streets, to provide adequate street frontage for each parcel. b. City limits. No parcel shall be designed so that it will be divided by the City's corporate boundary. c. Relationship to easements. Parcels shall be designed so that lot lines conform to existing or planned easements unless the easements are relocated to conform with the proposed lot pattern. 5. Flag lots. Flag lots are generally discouraged unless they can improve the efficiency of land use, or protect natural features, and/ or are desirable because of topographic constraints. Where determined to be appropriate by the review authority, flag lots shall comply with the following requirements. a. Lot design, size. The main portion of the flag lot (not including the access strip, or "flag pole") shall satisfy the provisions of this Section for length, depth, area and design. In no case shall the access strip be less than20 feet in width, nor more than 200 feet in depth. b. Number of housing units served. No Tentative Map shall be approved with more than four homes being provided access to a public street by means of a single flag access strip. C. Parcel and block configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills, and the removal of significant vegetation. 1. Double -frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -10 ARTICLE IV Subdivision Ordinance Definitions Chapter 21.40- Definitions ................................................ IV -3 21.40.010 - Purpose of Chapter ........................................... IV -3 21.40.020 - Definitions of Specialized Terms and Phrases ................... IV -3 Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2,1999 IV -1 Parcel Maps and Final Maps 21.22 1. Criteria for approval. The Council shall approve the Final Map if it conforms to all the requirements of the Map Act, all provisions of this Title that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map. 2. Waiver of errors. The Council may approve a Final Map that fails to meet any of the requirements of this Title or the Map Act applicable at the time of approval of the Tentative Map, when the Council finds that the failure of the map is a technical or inadvertent error which, in the determination of the Council does not materially affect the validity of the map. Approval by inaction. If the Council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval on the map. B. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date pursuant to Section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with Section 66477.2 of the Map Act and the street vacation procedure. C. Map with incomplete improvements. If improvements required by this Title, conditions of approval or by law have not been completed at the time of approval of the Final Map, he Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 21.34.040 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map. D. Transmittal to Recorder. After action by the Council, and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 21.22.120 (Recordation of Maps). 21.22.110 - Supplemental Information Sheets In addition to the information required to be included in Parcel Maps and Final Maps (Sections 21.22.040 and 21.22.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Final Map as required by this Section. A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 21.22.040 (Parcel Map Form and Content). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -20 Administration of Subdivision Ordinance 21.02 B. Permit issuance prohibited. No commission, officer, or employee of the City shall issue any certificate or permit, or grant any approval necessary to develop any real property within the City if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or this Title. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-7 Subdivision Design and Improvements 21.30 valve boxes, meter boxes, and fire hydrants and the system construction specifications shall be subject to the approval of the City Engineer, and the location of fire hydrants shall also be approved by the Fire Chief. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -15 Definitions C Common Interest Development. Includes a condominium, community apartment project, townhouse, planned development, or stock cooperative, in compliance with Civil Code 1351. Community Apartment Project. A development in which an undivided interest inland is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d). Condominium. As defined by Civil Code Section 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. County. The County of Los Angeles, State of California. County Recorder. The Los Angeles County Recorder. Cul-de-sac. A street which is designed to remain permanently closed at one end. D. Definitions, "D." The following definitions are in alphabetical order. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Department. The Diamond Bar Community and Development Services Department, referred to in this Title as "Department." Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Title. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "the Development Code." Director. Where the term "Director" is used in this Title, the title shall mean the Deputy City Manager responsible for Community and Development Services. Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons. E. Definitions, "E." The following definitions are in alphabetical order. Elevation. Height or distance above sea level. Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -4 t CHAPTER 21.22 - PARCEL MAPS AND FINAL MAPS Sections: 21.22.010 - Purpose of Chapter 21.22.020 - Parcel Maps 21.22.030 - Waiver of Parcel Map 21.22.040 - Parcel Map Form and Content 21.22.050 - Filing and Processing of Parcel Maps 21.22.060 - Parcel Map Approval 21.22.070 - Final Maps 21.22.080 - Final Map Form and Content 21.22.090 - Filing and Processing of Final Maps 21.22.100 - Final Map Approval 21.22.110 - Supplemental Information Sheets 21.22.120 - Recordation of Maps 21.22.130 - Amendments to Recorded Maps 21.22.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act. 21.22.020 - Parcel Maps As required by Sections 21.03.020 (Type of Subdivision Approval Required), and 21.20.120 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 21.22.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 21.22.040 through 21.22.060. 21.22.030 - Waiver of Parcel Map A subdivider may request waiver of a Parcel Map, and the Council may grant the waiver in compliance with this Section. A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Council for a subdivision where the following circumstances exist, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location. 1. The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained pubic street and no dedications and improvements are required by this Title; or Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -15 Subdivision Map Approval Requirements 21.03 3. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments and widths; or 4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418:2. B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows: 1. Parcel Map. The filing and approval of a Parcel Map (Chapter 21.22) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act, except for the following subdivisions: a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case; b. Rail right-of-way leases. Subdivisions of a portion of the operating right-of- way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 21.22.030 (Waiver of Parcel Map). 2. Final Map. The filing and approval of a Final Map (Chapter 21.22) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements). 21.03.030 - Exemptions from Subdivision Approval Requirements As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps. A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 1-10 Subdivision Design and Improvements B. Utility easements. 21.30 1. Minimum width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities. 2. Overhead lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes. C. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made. 21.30.120 - Residential Density The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site or the maximum number of dwelling units permitted by the applicable zoning district, and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Title. 21.30.130 - Sewage Disposal A. System design. A proposed subdivision shall be designed to provide for connection to the City's sewage collection system, except in areas previously approved for the use of on-site sewage disposal systems. B. Agreement for on-site systems required. Where on-site systems are allowed, the Tentative Map applicant shall be required to execute and record an agreement with the City committing to not protest the formation of an improvement district that may be formed for the installation of a sewage collection system. C. City Engineer approval. Where any part of a sewage collection system is proposed to be installed within a street right-of-way, the system location and construction specifications shall be subject to the approval of the City Engineer. D. Timing of construction. A sewage collection system shall be installed as part of the improvements within all subdivisions. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -12 Surveys and Monuments A. Boundary monuments. 21.36 Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the Final Map or Parcel Map. 2. All exterior boundary monuments shall be set prior to recordation of the Final Map or Parcel Map or as certified on the Final Map. B. Interior monuments. Whenever interior monuments are required, the monuments shall be set at: 1. All block and lot corners and angle points; 2. The beginnings and ends of curves; 3. Points of intersection with centerlines of other existing and proposed streets and alleys; and 4. The points of intersection with the exterior boundary lines. C. Monument type and positioning. All monuments set in the course of the survey shall be as specified by the City Engineer and shall be set to the depth and in the manner prescribed by the City Engineer. D. Identification marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made. E. Replacement of destroyed monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the City shall be replaced by the subdivider. F. Timing of monument installation. The exterior boundary of the subdivision shall be completely monumented or referenced before the Final Map or Parcel Map is submitted to the City Engineer for filing. Interior monuments need not be set at the time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the City a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496. G. Notice of completion. Within five days after all monuments have been set, the engineer or surveyor shall give written notice to the subdivider and the City Engineer that the final monuments have been set. Verification of payment to the engineer or Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -32 Parcel Maps and Final Maps 21.22 21.22.040 - Parcel Map Form and Content A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.22.050 - Filing and Processing of Parcel Maps A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 21.22.040 above shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Parcel Map. The City Engineer shall: Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and 2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data if the Tentative Map has not expired. 21.22.060 - Parcel Map Approval After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 21.22.040, the City Engineer shall approve the Parcel Map and forward the map to the County Recorder for filing in compliance with Section 66450 of the Map Act.. If a dedication or offer of dedication is required on the Parcel Map, the City Engineer shall forward the Parcel Map to the Council. The map shall then be placed on the Council consent agenda for final acceptance. After action by the Council approving the Parcel Map, it shall be transmitted by the City Engineer to the County Recorder for filing. 21.22.070 - Final Maps As required by Section 21.03.020 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Sections 21.22.080 through 21.22.100. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -18 CHAPTER 21.03 - SUBDIVISION MAP APPROVAL REQUIREMENTS Sections: 21.03.010 - Purpose of Chapter 21.03.020 - Type of Subdivision Approval Required 21.03.030 - Exemptions from Subdivision Approval Requirements 21.03.040 - Applications Deemed Approved 21.03.050 - Exceptions to Subdivision Standards 21.03.060 - Application of Fees 21.03.010 - Purpose of Chapter This Chapter determines when City approval of a Tentative Map, Parcel or Final Map is required. 21.03.020 - Type of Subdivision Approval Required Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with the provisions of this Title except as otherwise provided in this Chapter. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the standards of this Title, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder. A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map (see Chapter 21.20, Tentative Map Filing and Processing), except as otherwise provided by Section 21.03.030 (Exemptions from Subdivision Approval Requirements), and except for the following, which shall require the filing and approval of a Parcel Map without a Tentative Map: The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by this Title; or Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 1-9 CHAPTER 21.32 - DEDICATIONS AND EXACTIONS Sections: 21.32.010 - Purpose of Chapter 21.32.020 - Applicability 21.32.030 - Findings Required for Dedications and Exactions 21.32.040 - Park Land Dedications and Fees 21.32.050 - Right -of -Way Dedications 21.32.010 - Purpose of Chapter This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval. 21.32.020 - Applicability A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in -lieu fees. B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the Tentative Map. 21.32.030 - Findings Required for Dedications and Exactions The review authority may require any of the dedications or exactions through conditions of approval of a proposed Tentative Map only after first making findings which: A. Identify the purpose for the dedication or exaction; and B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. 21.32.040 - Park Land Dedications and Fees A. Purpose. This Section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is enacted as authorized by the provisions of Article 3, Chapter 4 of the Map Act, also known as the "Quimby Act." Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -17 Contents Diamond Bar Subdivision Ordinance Article IV - Subdivision Ordinance Definitions February 2, 1999 IV -2 Tentative Map Filing and Processing 21.20 F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the Vesting Tentative Map in compliance with Sections 21.20.140 et seq. (Tentative Map Time Limits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time. 1. An initial time period of 24 months from the date of recordation of the Parcel or Final Map. Where several 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. 2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete. 3. The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Council shall approve or not approve any request for extension. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F.1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit. 21.20.140 - Expiration of Approved Tentative Map The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, 66452.11, 66452.13, and 66463.5. An approved Tentative Map is valid for 36 months after its effective date (Section 21.20.100). At the end of that time, the approval shall expire and become void unless: A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the City Engineer in compliance with Chapter 21.22 (Parcel Maps and Final Maps); or B. An extension of time has occurred in compliance with Section 21.20.1650. Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed. Diamond Bar Subdivision Ordinance Article Il - Subdivision Review Procedures February 2, 1999 II -13 Subdivision Map Approval Requirements 21.03 J. Small, removable commercial buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet. K. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or "granny" units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively. L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. M. Wind energy conversion systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the City. 21.03.040 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Section 65956 of the Government Code or Article 2 of Chapter 3 of the Map Act (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Title which shall be satisfied by the subdivider before any Building Permits or land use permits are issued. Parcel or Final Maps filed for record after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Title and the Map Act, including but not limited to Government Code Sections 66473, 66473.5 and 66474. 21.03.050 - Exceptions to Subdivision Standards An exception to any of the provisions of this Title may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this Title that is duplicated or paraphrased from the Map Act. A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified. B. Filing and processing. A request for an exception maybe filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for expiration of the map established by Section 21.20.150 (Expiration of Approved Tentative Map). Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-12 Subdivision Design and Improvements 21.30 the following standards. Drainage easements shall be dedicated to the City and designed to Los Angeles County Flood Control District standards. 1. Offer of dedication. Drainage easements shall be offered for dedication. 2. Alignment of easements. The alignment of drainage easements should conform to the natural watercourse or to the alignment approved for the drainage system. 3. Width of easements. a. Natural channels. A drainage easement for a natural channel is required where determined to be necessary by the City Engineer. The width of drainage easements for natural channels shall be sufficient to include the 100 year flood high water marks, plus five feet on either side, but in no case less than 20 feet. b. Constructed channels. The minimum width of any drainage easement for a closed drainage conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet. c. Service roads. For any drainage conduit exceeding 30 inches in diameter, or any open ditch with a top width exceeding 12 feet, a 12 -foot service road shall be improved within the drainage easement and dedicated to the City. 4. Downstream property. Where a subdivision causes an increase in and the unnatural concentration of surface waters onto adjacent private or public property, the subdivider shall design the system to mitigate the anticipated increases, or shall obtain an easement for drainage purposes across the property of sufficient width and shall improve the easement in a manner adequate to convey the runoff to a point of disposal approved by the review authority based on the recommendation of the City Engineer. 21.30.170 - Traffic Safety Devices Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public, private and public/private intersections in compliance with Section 21.30.150 (Street Names). 21.30.180 - Water Supply Water mains and services shall be installed to serve each lot in a proposed subdivision and connected to the facilities of the Walnut Valley Municipal Water District. If any part of the water system is to be installed within a street right-of-way, the system location, including Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -14 Improvement Plans and Agreements 21.34 2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount. 3. Council action. The Council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest. E. Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2,1999 III -30 Parcel Maps and Final Maps 21.22 2. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or 3. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments or width; or 4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2. B. Application processing and approval. A request for waiver of Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Council may grant a requested waiver if: The proposed Tentative Map satisfies all findings required for approval by Section 21.20.080 (Tentative Map Approval or Disapproval); and 2. The proposed subdivision complies with all applicable requirements of the Map Act and this Title as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative Map, in compliance with Sections 21.20.150 (Expiration of Approved Tentative Map) and 21.20.160 (Extensions of Time for Tentative Maps), and Subsection D. of this Section, following. D. Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section. 1. Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the City Engineer for review and approval, including the following information. a. A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion. b. A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -16 Subdivision Map Approval Requirements 21.03 B. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment. C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code. D. Commercial/industrial financing or leases. The financing or leasing of: Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or 2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article II of the Development Code (Zoning Districts and Allowable Land Uses) requires a Use Permit for the project, or Chapter 22.48 of the Development Code requires Development Review. E. Condominium conversions. The conversion of: A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or 2. The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428(b). F. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Chapter 21.26. G. Mineral leases. Mineral, oil or gas leases. H. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Title to the short-term lease. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-11 Dedications and Exactions 21.32 E. Criteria for requiring dedication and fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, as follows: 1. Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a. The Resource Management Element of the General Plan, City-wide Comprehensive Parks Master Plan, and any applicable Specific Plans, and the compatibility of dedication with those plans; b. Topography, geology, access, size, shape and the location of land in the subdivision available for dedication; c. Feasibility of dedication; and d. Availability of previously acquired park property. 2. Fees only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50. 3. Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in -lieu fees, or provide a combination of both, at the time of Tentative Map approval. The determination of the review authority shall be based on a report and recommendation from the Director. The recommendation by the Director and the action of the review authority shall consider the factors in Subsection E.1 above, and shall include the following: a. The amount of land required; b. Whether a fee shall be charged in lieu of land; c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities; d. The location and suitability of the park land to be dedicated or use of in -lieu fees; and e. The approximate time when development of the park or recreation facility shall commence. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -19 Surveys and Monuments 21.36 surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act. The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 21.34.040 (Improvement Agreements and Security). If requested, this amount of the bond may be released upon verification of the setting of the monuments by the City Engineer. H. . Inspection and approval. All monuments shall be subject to the inspection and approval of the City Engineer. 21.36.040 - Survey Information on Final or Parcel Map. The following survey information shall be shown on each Final Map or Parcel Map for which a field survey was made in compliance with this Title. A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision; B. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation; C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty; D. The location and description of any required monuments to be set after recordation of the Final Map, and the statement that they are "to be set"; E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance; F. Length, radius and angle of each curve and the bearing of each radial line to each lot corner on each curve; G. The centerlines of any street or alley in or adjoining the subdivision which have been established by the City Engineer, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated; H. Any other survey data or information as may be required to be shown by the City Engineer or by the provisions of this Chapter. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -33 Tentative Map Filing and Processing 21.20 21.20.120 - Completion of Subdivision Process A. Compliance with conditions, improvement plans. After approval of a Tentative Map pursuant to this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter 21.34 (Improvement Plans and Agreements, Dedications), before constructing any required improvements. B. Parcel or Final Map preparation, filing and recordation. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 21.22.030 (Waiver of Parcel Map). 2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision. 21.20.130 - Vesting Tentative Maps This Section establishes procedures to implement the Vesting Tentative Map requirements of state law, Sections 66498.1 et seq. of the Map Act. A. Applicability. Whenever this Title requires that a Tentative Map be filed, a Vesting Tentative Map may instead be filed, provided that the Vesting Tentative Map is prepared, filed and processed in compliance with this Section. A Vesting Tentative Map may be filed for either residential, commercial or industrial developments. B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows. Application content. The Vesting Tentative Map shall include the following information in addition to that required by Section 21.20.020 (Tentative Map Preparation, Contents): a. Title. The Vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and b. Intended development. The Vesting Tentative Map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -11 Contents 21.26.030 - Adjustment Application and Processing ........................ H-27 21.26.040 - Approval or Denial of Adjustment ............................. E-28 21.26.050 - Completion of Adjustment ................................... U-28 Chapter 21.28 - Certificates of Compliance .................................... 11-31 21.28.010 - Purpose of Chapter .......................................... 11-31 21.28.020 - Applicability ............................................... 11-31 21.28.030 - Application Contents ......................................... I1-31 21.28.040 - Review and Approval ....................................:... II -31 21.28.050 - Conditional Certificates of Compliance ......................... 11-32 Diamond Bar Subdivision Ordinance Article I1- Subdivision Review Procedures February 2, 1999 II -2 Subdivision Design and Improvements 21.30 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -16 Improvement Plans and Agreements 21.34 1. Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans. 2. Time limit for construction. The period within which all requiredimprovements will -be completed -to the satisfaction of the City Engineer. ____ _ 3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. 4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 21.34.020.B and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate. 5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider. 6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of Subsection D. following. Progress payments or partial release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the City of any portion of the required improvements or any defective work or improper materials. B. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows: 1. Type of security. Subdivision improvement agreements shall be secured by all of the following: a. A guarantee for "Faithful Performance," in the amount of 100 percent of the engineer's estimate; and Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -28 Tentative Map Filing and Processing 21.20 21.20.150 - Extensions of Time for Tentative Maps When a subdivider has not completed all Tentative Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Section 21.20.140, time extensions may be granted in compliance with this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee. A. Tentative Maps. The Council may grant extensions to the initial time limit up to a maximum total of three years, only after finding that: There have been no changes to the provisions of the General Plan, any applicable Specific Plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Map; 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project; and 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. B. Tentative Maps with multiple Final Maps. Where a subdivider is required to expend more than $125,000 on improvements as specified in Map Act Section 66452.6 and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the approval of the Tentative Map more than 10 years from its approval. C. Vesting Tentative Maps. The Council may grant extensions for a maximum total of three years to the initial time limit in compliance with Subsection A. of this Section. 21. 20.160 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of the Development Code (Title 22 of the Municipal Code), which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Map filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of the Development Code and the Map Act, including, but not limited to Map Act Sections 66473, 66473.5 and 66474. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -14 Subdivision Map Approval Requirements 21.03 C. Approval of exception. The Council shall not grant an exception unless all the following findings are first made: There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings; 2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Title; 3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision; 4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and 5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan. In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA. 21.03.060 - Application Fees The Council shall, by resolution, establish a schedule of fees for the subdivision applications required by this Title. The schedule of fees may be changed or modified from time -to -time by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Lot Line Adjustment also requires a Variance in compliance with Title 22 of the Municipal Code (Development Code), both fees will be charged. Processing shall not commence on any application until all required fees/deposits have been paid. Diamond Bar Subdivision Ordinance Article I - Purpose and Applicability February 2, 1999 I-13 Dedications and Exactions 21.32 F. Suitability of land to be dedicated. Each park site proposed for dedication in compliance with this Section shall be physically suited for the intended use. 1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating, the area of the park site provided in compliance with this Section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline. 2. Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the City. Land which has an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 3-1. Greater credit for sites in excess of three percent slope may be granted where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource. TABLE 3-1 CREDIT FOR DEDICATION BASED ON SLOPE Park Site Sloe Credit A ains�,tion 0 to 3% 100% 3.1 to 10% 87% 10.1 to 20% 56% Over 20% 10% 3. If the Council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with Subsection D., above. G. Conveyance of land, payment of fees. Real property being dedicated for park purposes shall be conveyed by the Parcel or Final Map in fee simple absolute, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The amount of required fees shall be deposited with the City at the time of submittal of a Parcel or Final Map. The fees shall be held by the City until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -21 CHAPTER 21.36 - SURVEYS AND MONUMENTS Sections: 21.36.010 - Purpose of Chapter 21.36.020 - Survey Procedure and Practice 21.36.030 - Monuments 21.36.040 - Survey Information on Final or Parcel Map. 21.36.010 - Purpose of Chapter This Chapter provides requirements for subdivision survey work, and the placement of subdivision monuments. 21.36.020 - Survey Procedure and Practice The procedure and practice of all survey work done on any subdivision, whether for preparation of a Final Map or Parcel Map shall conform to the standard practices and principles of land surveying, the California Land Surveyor's Act, and the provisions of this Chapter. All related documents shall be executed by a California -registered civil engineer or licensed land surveyor. A. Traverse. The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one foot to 10,000 feet of perimeter before balancing the survey. B. Field notes. When required by the City Engineer, the engineer or surveyor making the survey shall prepare complete field notes, in a form satisfactory to the City Engineer, showing references, ties, locations, elevations and other necessary data relating to monuments, set in compliance with these regulations, and shall submit the notes to the City Engineer to be indexed and retained as a part of the permanent public record of his office. C. System of coordinates. Whenever the City Engineer has established a system of coordinates which is within a reasonable distance of the subdivision boundary, as determined by the City Engineer, the field survey shall be tied into the system. 21.36.030 - Monuments In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final Map, and for any Lot Line Adjustment unless waived by the City Engineer, in compliance with this Section. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -31 Tentative Map Filing and Processing 21.20 Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, -and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development; 2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA; 3. Carry out the specific requirements of Chapters 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of this Title; 4. Secure compliance with the requirements of this Title and the General Plan; and Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with this Title. 6. Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the General Plan; B. Optional conditions. The review authority may also require as conditions of approval: 1. The waiver of direct access rights to any existing or proposed streets; 2. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4; 3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or 4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or state law. 21.20.100 - Effective Date of Tentative Map Approval The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Council. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -9 Tentative Map Filing and Processing 21.20 of all persons who are shown on,the latest Los Angeles County equalized assessment role as owners of the site proposed for subdivision, and all real property within a distance of 500 feet from the exterior boundaries of the site. The subdivider shall also file a map, in the form required by the Department, showing the location of each ownership represented on the list of owners. C. Referral to affected agencies. In addition to the procedures outlined in Chapter 22.44 (Applications, Processing, and Fees) of the Development Code, a Tentative Map application shall be referred to the agencies outlined in this Subsection as required by the Map Act, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have information useful to the City about issues raised by the proposed subdivision. 1. Time limits for referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete in compliance with Section 22.44.050 (Initial Application Review - Completeness Review) of the Development Code. An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies, which will be expected to provide service to the proposed subdivision. a. Caltrans. The California Department of Transportation shall be referred any Tentative Map located within an area shown on a territorial map filed with the City in compliance with Map Act Section 66455. b. Fire Department. The Fire Department shall be referred any Tentative Map, Conditional Certificate of Compliance, or Lot Line Adjustment. c. Other cities and local agencies. Other cities and other local agencies, shall be referred any Tentative Map or Conditional Certificate of Compliance application that is located within the area shown on a territorial map filed with the City in compliance with Map Act Section 66453, and within three miles of their official boundaries. d. Public utilities, water and sewer agencies. Public utility companies and other service agencies which will be expected to provided service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any Tentative Map or Conditional Certificate of Compliance within their respective jurisdictions. g. Public Works Department. The Public Works Department shall be referred all Tentative Maps, Conditional Certificates of Compliance, and Lot Line Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2,1999 II -4 Dedications and Exactions B. Applicability. 21.32 1. Land dedication and/or fee payment required. As a condition of Tentative Map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this Section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. 2. Exemptions. The provisions of this Section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivisions exempted by Map Act Section 66477. C. Amount of parkland required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula: X = .005(UP) Where: X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision. P = 3.4 for attached single-family dwellings; 2.9 for attached single-family (townhouse) dwellings, duplexes, and multi- family dwellings containing four or fewer dwelling units; 2.1 for multi -family dwellings containing five or more unit; and 2.0 for mobile homes. D. Formula for fees in lieu of land. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with Subsection C. above, the subdivider shall pay a fee to the City in lieu of dedication, as a condition of Tentative Map approval. The fee shall equal the parkland obligation derived from the formula in Subsection C., less the amount of parkland, if any, offered for dedication by the subdivider, times the average per -acre fair market value for the appropriate park planning area. For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the City, and approved by the Commission or Council, prior to or at Tentative Map approval. If the subdivider objects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of,the City as to fair market value shall be final and conclusive. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -18 Improvement Plans and Agreements 21.34 D. Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed. 21.34.030 - Installation of Improvements Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see Section 21.30.020.B) shall be installed as provided by this Section. A. Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 21.34.020, and before the approval of a Parcel or Final Map in compliance with Sections 21.22.060 (Parcel Map Approval) or 21.22.100 (Final Map Approval), except where: 1. Improvements are deferred in compliance with Section 21.34.040 (Improvement Agreements and Security); or 2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required: a. Only when a permit for development of an affected parcel is issued by the Department; or b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the City, as set forth in Section 21.34.040 (Improvement Agreements and Security); or At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area. B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows. 1. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2,1999 III -26 Tentative Map Filing and Processing 21.20 2. Findings for approval. The approval of a Vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 21.20.080 (Tentative Map Approval or Disapproval). C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be subject to the same time limits for expiration -as are established for Tentative Maps by Sections 21.20.140 et seq. (Tentative Map Time Limits). D. Changes to approved map or conditions. The subdivider may apply for an amendment to the Vesting Tentative Map or conditions of approval at any time before the expiration of the Vesting Tentative Map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this Section and pursuant to the provisions of the Subdivision Map Act Section 66498.2. E. Development rights vested. The approval of a Vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) as provided in Map Act Section 66498.1. If Map Act Section 66498.1 is repealed, approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the map is approved or conditionally approved. 3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that: 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; or b. The condition or denial is required, in order to comply with state or federal law. 4. Fees charged for building or land use permits, filed after the approval of a Vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -12 ARTICLE II Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing ........................... H-3 21.20.010 - Purpose of Chapter ........................................... 11-3 21.20.020 - Tentative Map Preparation, Application Contents ................ II -3 21.20.030 - Tentative Map Filing, Initial Processing ......................... 11-3 21.20.040 - Evaluation of Application ..................................... 11-5 21.20.050 - Commission Review and Decision .............................. U-5 21.20.060 - Council Review and Decision .................................. II -6 21.20.070 - Tentative Map Public Hearings ................................ II -6 21.20.080 - Tentative Map Approval or Disapproval ........................ II -7 21.20.090 - Conditions of Approval ....................................... H-8 21.20.100 - Effective Date of Tentative Map Approval ....................... II -9 21.20.110 - Changes to Approved Tentative Map or Conditions ............. U-10 21.20.120 - Completion of Subdivision Process ............................ U-11 21.20.130 - Vesting Tentative Maps ...................................... H-11 21.20.140 - Expiration of Approved Tentative Map ......................... U-13 21.20.150 - Extensions of Time for Tentative Maps ......................... 11-14 21.20.160 - Applications Deemed Approved .............................. 11-14 Chapter 21.22 - Parcel Maps and Final Maps .................................. 11-15 21.22.010 - Purpose of Chapter .......................................... 11-15 21.22.020 - Parcel Maps ................................................ II -15 21.22.030 - Waiver of Parcel Map ........................................ H-15 21.22.040 - Parcel Map Form and Content ................................ II -18 21.22.050 - Filing and Processing of Parcel Maps .......................... 11-18 21.22.060 - Parcel Map Approval ........................................ H-18 21.22.070 - Final Maps ................................................ H-18 21.22.080 - Final Map Form and Content ................................. II -19 21.22.090 - Filing and Processing of Final Maps ........................... II -19 21.22.100 - Final Map Approval ......................................... H-19 21.22.110 - Supplemental Information Sheets .............................. II -20 21.22.120 - Recordation of Maps ......................................... II -21 21.22.130 - Amendments to Recorded Maps .............................. II -21 Chapter 21.24 - Condominiums and Condominium Conversion ................. II -23 21.24.010 - Purpose of Chapter .......................................... II -23 21.24.020 - Condominiums ............................................. II -23 21.24.030 - Condominium Conversions .................................. II -23 Chapter 21.26 - Lot Line Adjustments ........................................ U-27 21.26.010 - Purpose of Chapter .......................................... U-27 21.26.020-- Applicability ............................................... 11-27 Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2,1999 II -1 Dedications- and .Exactions 21.32 Plan, City-wide Comprehensive Parks Master Plan, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -23 Improvement Plans and Agreements 21.34 b. A guarantee for "Materials and Labor," in the amount of 100 percent of the engineer's estimate. 2. Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above. a. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys. b. A bond or bonds executed by one or more duly authorized corporate sureties; c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution; d. A lien upon the property to be divided, created by contract between the owner and the City, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the Map, or e. Any form of security, including security interests in real property, which is acceptable to the local agency. C. Progress .payments or partial release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements. D. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows: 1. Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -29 Tentative Map Filing and Processing 21.20 B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Chapter 21.24) at least 3 days before any hearing or action on the Tentative Map by the Commission or Council. 21.20.080 - Tentative Map Approval or Disapproval In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the City shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 21.20.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, Specific Plan or Development Code changes, and provided public notice as required by Map Act Section 66474.2. A. Required findings for approval. The Commission may recommend approval, and the Council may approve a Tentative Map, only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable Specific Plan, and that none of the findings for disapproval in Subsection C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6. B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal. 1. Construction of improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the Parcel Map, where road improvements are required. 2. Condominiums. Any applicable findings required by Section 21.24.030 for condominium conversions. 3. Dedications or exactions. Any applicable findings required by Section 21.32.030 (Findings Required for Dedications or Exactions), if dedications or exactions are required. 4. Waiver of Parcel Map. The findings required by Section 21.22.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -7 Tentative Map Filing and Processing 21.20 2. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any Specific Plan, and the Map Act. The Commission's evaluation shall be based on the staff report (Section 21.20.040), information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received. B. Recommendations to Council. Within 50 days of the Tentative Map application being deemed complete, the Commission shall determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and shall recommend to the Council the approval, approval with specified conditions, or disapproval of the Tentative Map. Any recommended conditions of approval shall comply with Section 21.20.090 (Conditions of Approval). 21.20.060 - Council Review and Decision After receiving a recommendation on a Tentative Map from the Commission, the Council shall: A. Conduct a public hearing on a proposed Tentative Map in compliance with Section 21.20.070 (Tentative Map Public Hearings), and consider the recommendations of the Commission and any public testimony; and B. Within 30 days after the filing of the report and recommendation of the Commission with the Council, approve, conditionally approve or disapprove the Tentative Map. Approval or conditional approval of a Tentative Map shall be granted only after the Council has first made all findings required by Section 21.20.080 (Tentative Map Approval or Disapproval). The Council may impose conditions of approval in compliance with Section 21.20.090 (Conditions of Approval). 21.20.070 - Tentative Map Public Hearings When a public hearing is required by this Title for a Tentative Map, the hearing shall be scheduled and conducted in compliance with this Section, in addition to public notice being provided in compliance with Chapter 22.72 (Public Hearings) of the Development Code. A. Scheduling of hearing, action. A public hearing on a Tentative Map shall be scheduled and action shall be taken, within the following time limits. A public hearing on a Tentative Map shall be scheduled and action shall be taken with 50 days after the Tentative Map application has been deemed complete. A hearing by the Council shall be scheduled within 30 days after the filing of the Commission report and recommendation on a Tentative Map with the Council, or within 30 days after the certification of an environmental impact report, adoption of a negative declaration, or a determination by the City that the project is exempt from the requirements of CEQA, whichever is later. Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -6 Dedications and Exactions 21.32 4. Formula for land and fees. When both land dedication and fee payment are required, they shall be subject to the following formula: a. When only a portion of the land to be subdivided is proposed in the Resource Management Element, City-wide Comprehensive Parks Master Plan, or applicable Specific Plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by Subsection D. shall be paid for any additional land that would have been required to be dedicated by Subsection C. b. When a major part of the local park or recreational site has been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by Subsection D. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection C. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision. 5. Credit for improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land. 6. Credit for private recreation or open space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds all of the following: a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space; b. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyances, or restrictions; c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City; d. The proposed private open space is usable for active recreation; and e. Facilities proposed for the open space are in substantial compliance with the provisions of the Resource Management Element and City-wide Comprehensive Parks Master Plan. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -20 Dedications and Exactions 21.32 Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -24 Tentative -Map Filing and Processing 21.20 21.20.110 - Changes to Approved Tentative Map or Conditions A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 21.22.140 (Amendments to Recorded Maps). A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes shall require the filing and processing of a new Tentative Map. B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information: A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and 2. Any additional information deemed appropriate by the Department. C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed in the same manner as the original Tentative Map, except as otherwise provided by this Section. D. Findings for approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 21.20.080.A and B. can still be made: There was a material mistake of fact in the deliberations leading to the original approval; 2. There has been a change of circumstances related to the original approval; and 3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Title. E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 21.20.150 (Expiration of Approved Tentative Map). Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -10 CHAPTER 21.20 - TENTATIVE MAP FILING AND PROCESSING Sections: 21.20.010 - Purpose of Chapter 21.20.020 - Tentative Map Preparation, Application Contents 21.20.030 - Tentative Map Filing, Initial Processing 21.20.040 - Evaluation of Application 21.20.050 - Commission Review and Decision 21.20.060 - Council Review and Decision 21.20.070 - Tentative Map Public Hearings 21.20.080 - Tentative Map Approval or Disapproval 21.20.090 - Conditions of Approval 21.20.100 - Effective Date of Tentative Map Approval 21.20.110 - Changes to Approved Tentative Map or Conditions 21.20.120 - Completion of Subdivision Process 21.20.130 - Vesting Tentative Maps 21.20.140 - Expiration of Approved Tentative Map 21.20.150 - Extensions of Time for Tentative Maps 21.20.160 - Applications Deemed Approved 21.20.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act. 21.20.020 - Tentative Map Preparation, Application Contents Tentative Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.20.030 - Tentative Map Filing, Initial Processing A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Chapter 22.44 (Applications, Processing, and Fees) of the Development Code. B. Property owner list. In addition to the information and materials required for a Tentative Map application by Subsection A., above, the subdivider shall file a list, certified to be correct by an affidavit or by a statement made under penalty of perjury in compliance with Code of Civil Procedure Section 2015.5, of the names and addresses Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -3 CHAPTER_ 21.3.4_ - IMPROVEMENT PLANS AND AGREEMENTS Sections: 21.34.010 - Purpose of Chapter 21.34.020 - Improvement Plans 21.34.030 - Installation of Improvements 21.34.040 - Improvement Agreements and Security 21.34.010 - Purpose of Chapter This Chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications. 21.34.020 - Improvement Plans After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the City as follows: A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information: Any drawings, specifications, calculations, design reports and other information required by the City Engineer; Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and The improvement plan/specification checking and construction inspection fees required by the City Fee Resolution. B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City. C. Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456.2. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -25 Improvement Plans and Agreements 2. Inspection procedures. 21.34 a. Inspections required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all -construction complies with the approved improvement plans. Where required by the City Engineer, , the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer. b. Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans. c. Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed. d. Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title. 3. Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Chapter, and shall not proceed with further construction until authorized by the City Engineer. 21.34.040 - Improvement Agreements and Security A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Title and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. A. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on the a form provided by the City Engineer and approved by the City Attorney and shall include the following provisions. Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -27 Tentative Map Filing and Processing 21.20 Adjustments, for review and -comment regarding proposed easements, public improvements, streets, and other relevant issues. h. School districts. Tentative Maps shall be referred to the governing board of any elementary, middle school, high school, or unified school district within which the property to be subdivided is located. i. State Department of Education. The State Department of Education shall be notified of any Tentative Map that includes a proposed public school site. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the Department, the City shall presume that no recommendations or comments are forthcoming. 21.20.040 - Evaluation of Application After completion of the initial processing and the application being deemed complete in compliance with Section 22.44.050 of the Development Code, the Director shall: A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any applicable Specific Plan, and the Map Act; B. Determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and recommend to the Commission the approval, approval with specified conditions, or disapproval of the Tentative Map application; and C. Prepare a staff report to the Commission in compliance with Section 21.20.070 (Tentative Map Public Hearings), describing the conclusions of the Director's evaluation, and providing recommendations for Commission approval or disapproval of the proposed subdivision. 21.20.050 - Commission Review and Decision After review of a Tentative Map application by the Director, (Section 21.20.040, above), the Commission shall be responsible for the following: A. Hearing and review. The Commission shall: Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's recommendations, and any agency providing comments on the Tentative Map in compliance with Section 21.20.030.0 (Tentative Map Filing, Initial Processing). The public hearing shall be scheduled and notice provided in compliance with Section 21.20.070 (Tentative Map Public Hearings); and Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -5 Tentative Map Filing and Processing 21.20 C. Findings requiring disapproval. A Tentative Map shall be denied if the Council makes any of the following findings: 1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable Specific Plan; 2. The site is not physically suitable for the type or proposed density of development; 3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat; 4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems; 5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made is the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; 6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; 7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer or Council that the conditions can -be corrected in the plan for the development; or The proposed subdivision is not consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. 21.20.090 - Conditions of Approval Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act. A. Mandatory conditions. The review authority shall adopt conditions of approval that will: Diamond Bar Subdivision Ordinance Article II - Subdivision Review Procedures February 2, 1999 II -8 Dedications and Exactions 21.32 H. Use of collected fees: Fees collected in compliance with this Section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the- subdivision. 21.32.050 - Right -of -Way Dedications A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements. B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the City's Development Improvement Standards, Requirements, and Guidelines. C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a City -maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. D. Bicycle paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision. E. Transit facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if: The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and 2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision. F. Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Diamond Bar Subdivision Ordinance Article III - Subdivision Design and Development February 2, 1999 III -22 ORDINANCE NO. 01 (1999) AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING A SUBDIVISION ORDINANCE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A. RECITALS. 1. On April 18, 1989 the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 of the Los Angeles County Code contains the Subdivision Code of Los Angeles County now currently applicable to the subdivisions within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. The City of Diamond Bar has determined that the existing subdivision regulations contained within the County of Los Angeles Subdivision Code are outdated and ill-suited to meet the City's needs in terms of the type of development envisioned by the General Plan. 4. The Planning Commission of the City of Diamond Bar conducted duly noticed public hearings with regard to the Draft Subdivision Ordinance. The public hearings were held on August 26, September 2, September 6, September 9, September 23, October 14, October 27 and November 12, 1997; and January 27, and February 10, 1998. The City Council of the City of Diamond Bar conducted duly noticed public hearing with regard to the Draft Subdivision Ordinance. The public hearings were held on December 1, December 15, 1998 and January 5, 1999. 6. The City Council considered, individually and collectively, the four draft articles comprising the City of Diamond Bar's Draft Subdivision Ordinance established pursuant to the Subdivision Map Act, Section 66410 et seq of the California Government Code. The Subdivision ARTICLE III Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement RequirementsIII-3 21.30.010 - Purpose of ChapterEJ-3 21.30-020 - Applicability of Design and Improvement StandardsIII-3 21.30.030 - Access, Circulation, StreetsIII-4 21-30-040 - Energy Conservation III -7 21.30.050- Fire HydrantsIII-7 21.30.060 - Grading, Erosion, and Sediment ControlM-8 21.30.070 - LandscapingIII-8 21.30.080- Major StructuresIII-9 21.30.090 - MonumentsIII-9 21.30.100 - Parcel and Block DesignIII-9 21.30.110 - Public Utilities and Utility EasementsEEI-11 21.30.120- Residential DensityEEI-12 21.30.130 - Sewage DisposalIII-12 21.30.140 - Street LightingIIII-13 21.30.150 - Street NamesEII-13 21.30.160 - Storm Drainage and WatercoursesEII-13 21.30.170 - Traffic Safety DevicesIII-14 21.30.180 - Water SupplyEll-14 Chapter 21.32 - Dedications and ExactionsIII-17 21-32-010 - Purpose of ChapterHI-17 21.32.020 - ApplicabilityHI-17 21.32.030 - Findings Required for Dedications and ExactionsEII-17 21.32.040 - Park Land Dedications and FeesIH-17 21.32.050 - Right -of -Way DedicationsIH-22 Chapter 21.34 - Improvement Plans and AgreementsIIII-25 21-34.010 - Purpose of ChapterIH-25 21.34.020 - Improvement PlansIII-25 21.34.030 - Installation of I m prove mentsIII-26 21.34.040 - Improvement Agreements and SecurityIIII-27 Chapter 21.36 - Surveys and MonumentsIIII-31 21.36.010 - Purpose of ChapterIII-31 21.36.020 - Survey Procedure and PracticeHI-31 21.36.030 - MonumentsIII-31 21-36.040 - Survey Information on Final or Parcel MapIII-33 Definitions V Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. T. Definitions, "T." No definitions beginning with the letter "T" are used at this time. U. Definitions, "U." The following definitions are in alphabetical order. Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. Use, primary. See "Primary Use." V. Definitions, "W' No definitions of terms beginning with the letter W" are used at this time. W. Definitions, 'W" No definitions of terms beginning with the letter "W" are used at this time. X. Definitions, 'X" No definitions of terms beginning with the letter "X" are used at this time. Y. Definitions, "Y." No definitions of terms beginning with the letter "Y" are used at this time. Z. Definitions, '7." The following definitions are in alphabetical order. Zoning district. Any of the residential, commercial, industrial, special-purpose, or combining districts established by Article H of the Development Code (Zoning Districts and Allowable Land Uses), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). Lot Line Adjustments 21.26 C. Review and approval by City Engineer. The City Engineer shall: 1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment; 2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the review authority; 3. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel; 4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and After approval of the legal descriptions, assemble the deeds and return them to the Applicant for recordation. D Expiration. The approval of a Lot Line Adjustment shall expire and become void if the adjustment has not been completed as required by this Section within one year of approval. I. Purpose and Applicability of Subdivision ordinance; II. Subdivision Review Procedures; III. Subdivision Design and Development; and IV. Subdivision ordinance Definitions. The Subdivision Ordinance is intended to supersede Title 21 of the Los Angeles County Code now applicable to subdivisions within the City of Diamond Bar. 7. The City Council, after due consideration of public testimony, staff analysis and the Council's deliberations has determined that the Subdivision Ordinance attached hereto as Exhibit "All implements the goals of the City and is consistent with the Diamond Bar General Plan. 8. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 10, 1998 in a one eighth page legal advertisement. 9. All legal prerequisites to the adoption of this Ordinance have occurred. 10. The City Council hereby finds that there is no substantial evidence that the Subdivision Ordinance will have a significant effect on the environment and therefore Negative Declaration No. 97-3 has been prepared, pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 11. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Subdivision ordinance proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 7535 (d) of Title 14 of the California Code of Regulations. B.Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: 1. The Subdivision Ordinance attached hereto as Exhibit "A" is hereby adopted as Title 21 of the Diamond Bar Municinal Code. CHAPTER 21.28 - CERTIFICATES OF COMPLIANCE I Sections: 21.28.010 - Purpose of Chapter 21.28.020 - Applicability 21.28.030 - Application Contents 21-28-040 - Review and Approval 21.28.050 - Conditional Certificates of Compliance 21.28.010 - Purpose of Chapter This Chapter provides procedures for the filing, processing, and approval or denial of Certificates of Compliance and Conditional Certificates of Compliance, consistent with the policies of the General Plan and the -requirements of the Map Act. 21.28.020 - Applicability A Certificate of Compliance is a document recorded by the County Recorder, which acknowledges that the subject parcel is considered by the City to be a legal lot of record. A Conditional Certificate of Compliance is used instead of a Certificate of Compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance. 21.28.030 - Application Contents A Certificate of Compliance application shall include the form provided by the Department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map. 21.28.040 - Review and Approval A. Director action. The Director shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this Title, and other applicable provisions of the Municipal Code. Upon making the determination, the Director shall cause a Certificate of Compliance to be filed with the County Recorder. In the event that the Director determines that the real property does not comply with the provisions of this Title or the Map Act, the application shall instead be processed as a Conditional Certificate of Compliance (Section 21.28.050, Conditional Certificates of Compliance). Definitions means of an assessment which may become a lien upon the separately owned parcel, or- are -a in- compliance with Civil Code Section 1367. Planning Commission. The Diamond Bar Planning Conu-nission, appointed by the Diamond Bar City Council in compliance with Government Code Section 65101, referred to throughout this Title as the "Commission." Primary structure. A structure that accommodates the primary use of the site. Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. Q. Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this time. R. Definitions, "R." The following definitions are in alphabetical order. Review authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Title as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article II (Subdivision Review Procedures). S. Definitions, "S." The following definitions are in alphabetical order. Significant Ecological Area (SEA). Areas designated by the County of Los Angeles as containing significant biological resources - A, portion of the City and the majority of its sphere of influence are within the Tonner Canyon/ Chino Hills SEA 15, which contains a significant regional riparian woodland complex, supporting a variety of habitats containing representative plant and animal groups. Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use. Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. 1. Average slope. Average slope shall be determined by using the following formula: S = 0.002296 (I x L) A Where: S Average slope of the parcel in percent A Total number of acres in the parcel L Length of contour lines in scaled feet Vertical distance of contour interval in feet Certificates of Compliance 21.28 B. Form of certificate. The Certificate of Compliance shall identify the real property, shall state that the division complie's with the provisions of the Map Act and this Title, and shall include all information required by Map Act Section 66499.35. C. Effective date of certificate. A Certificate of Compliance shall not become final until the document has been recorded by the County Recorder. 21.28.050 - Conditional Certificates of Compliance A Conditional Certificate of Compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a Conditional Certificate of Compliance application shall occur in compliance with this Section. A. Application. An application for a Conditional Certificate of Compliance shall be prepared and include the same materials as a Certificate of Compliance (Section 21.28-030). B. Review and approval. The processing, review and approval of the application shall occur as follows. 1. Staff Report. The Department shall prepare a staff report that: a. Describes the history of the land division; b. Determines whether the property was legally divided, in compliance with State law and applicable City (or earlier County) regulations at the time of division; C. References provisions of State law and City (or earlier County) ordinances applicable to the subdivision at the time the division in question occurred; and d. - Recommends appropriate conditions of approval. 2. Review by Director. Upon making a determination that the real property does not comply with the provisions of this Title or the Map Act, the Director shall grant a Conditional Certificate of Compliance, imposing conditions as provided by Subsection C. below (Conditions of Approval). C. Conditions of approval. If the owners of the property for which a certificate is requested are the original subdividers, the Director may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this Title, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the Hearing Officer may only impose conditions that would have been applicable at the time the property was acquired by the current owners. 2. The Los Angeles County Subdivision Code is hereby repealed in it entirety. PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF -FEBRUARY, 1999, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. L'.A MAYOR I, Lynda Burgess, City Clerk 01-i the City of Diamond Bar do hereby certify that the foregoing Ordinance wa introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the 5th di of January, 1999, and was f inally passed at a regular meeting of the City Council of the City of Diamond Ba held on the 2nd day of February, 1999, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Herrera, Huff, MPT/O'Connor, M/Chang NOES. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: Lyrida Burgess„(--ity Clerk City of Diamond Bar CHAPTER 21.30 - SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS Sections: 21.30.010 - Purpose of Chapter 21.30.020 - Applicability of Design and Improvement Standards 21-30.030 - Access, Circulation, Streets 21-30-040 - Energy Conservation 21.30.050 - Fire Hydrants 21.30.060 - Grading, Erosion and Sediment Control 21.30.070 - Landscaping 21-30.080 - Major Structures 21.30.090 - Monuments 21.30.100 - Parcel and Block Design 21.30.1 10 - Public Utilities and Utility Easements 21-30.120 - Residential Density 21.30.130 - Sewage Disposal 21.30.140 - Street Lighting 21-30.150 - Street Names 21-30.160 - Storm Drainage and Watercourses 21-30.170 - Traffic Safety Devices 21.30.180 - Water Supply 21.30.010 - Purpose of Chapter This Chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are consistent with the General Plan and any applicable Specific Plan. 21-30.020 - Applicability of Design and Improvement Standards The requirements of this Chapter apply to subdivisions, and Conditional Certificates of Compliance, in addition to all applicable requirements of the Development Code (Title 221 and this Title, as follows: A. Design standards. The standards in Sections 21.30.030 et seq. of this Chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the City Engineer, and the Diamond Bar Development Improvement Standards, Requirements, and Guidelines. B. Subdivision improvement standards - Conditions of approval. The applicable subdivisions improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with CHAPTER 21.26 - LOT LINE ADJUSTMENTS Sections: 21-26.010 - Purpose of Chapter 21.26.020 - Applicability 21.26-030 - Adjustment Application and Processing 21.26.040 - Approval or Denial of Adjustment 21.26-050 - Completion of Adjustment 21.26.010 - Purpose of Chapter This Chapter provides procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the General Plan and the requirements of Map Act Section 66412(d). 21.26.020 - Applicability A. As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this Chapter, an 11 adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment. B. Parcels combined by encumbrances or encroachments of existing'structures shall be consi idered a single original parcel for purposes of an adjustment in compliance with this Chapter. 21.26.030 - Adjustment Application and Processing A Lot Line Adjustment application shall be prepared, filed and processed as provided by this Section. A. Application content. A Lot Line Adjustment application shall include all information and other materials required by the Department. B. Processing. Lot Line Adjustment applications shall be submitted to the Department and shall be processed in compliance with the procedures specified by Chapter 22.44 (Application Filing and Processing) of the Development Code. No environmental review shall be required, in compliance with the CEQA Guidelines. Diamond Bar Subdivision Ordinance Table of Contents ARTICLE I - Purpose and Applicability of Subdivision Ordinance Chapter 21.01 - Enactment and Applicability of Subdivision OrdinanceI-3 21.01.010 - TitleI-3 21.01.020 - PurposeI-3 21.01.030 - AuthorityI-3 21.01.040 - ApplicabilityI-3 21.01.050 - Compliance with other Regulations RequiredI-4 21.01.060 - Conflicting Provisionsl-4 Chapter 21.02 - Administration of Subdivision OrdinanceI75 21.02.010 - Purpose of ChapterI-5 21.02.020 - Responsibility for AdministrationI-5 21.02.030 - Advisory AgencyI-5 21.02.040 - Authority for Subdivision Decisionsl-6 21.02.050 - EnforcementI-6 Chapter 21.03 - Subdivision Map Approval RequirementsI-9 21.03.010 - Purpose of ChapterI-9 21.03.020 - Type of Subdivision Approval RequiredI-9 21.03.030 - Exemptions from Subdivision Approval RequirementsI-10 21.03.040 - Applications Deemed Approvedl-12 21.03.050 - Exceptions to Subdivision Standards1-12 -21.03.060 - Application Feesl-13 ARTICLE -II - Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and ProcessingII-3 21.20.010 - Purpose of ChapterII-3 21.20.020 - Tentative Map Preparation, Application ContentsU-3 21.20.030 - Tentative Map Filing, Iriftial ProcessingII-3 21.20.040 - Evaluation of ApplicationH-5 21-20.050 - Commission Review and DecisionU-5 21.20.060 - Council Review and DecisionII-6 21-20.070 - Tentative Map Public HearingsII-6 21-20.080 - Tentative Map Approval or DisapprovalU-7 21-20.090 - Conditions of ApprovalU-8 21-20.100 - Effective Date of Tentative Map ApprovalII-9 21.20. 110 - Changes to Approved Tentative Map or ConditionsFi-10 21-20.120 - Completion of Subdivision Processes-11 21.20.130 - Vesting Tentative MapsILI-11 21.20.140 - Expiration of Approved Tentative MapII-13 Certificates of Compliance 21.28 D. Appeal. A decision to issue a Conditional Certificate of Compliance and/or the conditions imposed by the Direaor may be appealed to the review authority in compliance with Chapter 22.74 (Appeals) of the Development Code. E. Completion of process. Following expiration of the 10 -day appeal period after the determination and imposition of conditions by the Director, the Agency shall file a Conditional Certificate of Compliance with the County Recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property. F. Effective date of certificate. A Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder. Definitions Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights 0 ' f way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot. Lot coverage. See "Site Coverage." Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 4-5 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration. Lot frontage. The boundary of a lot adjacent to a public street right-of-way. Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 4-5 (Lot Features)); 1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a comer lot is the line with the shortest frontage. (If the lot lines of a comer lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. 2. Interior lot line. Any lot line not abutting a street. 3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line. 4. Side lot line. Any lot line that is not a front or rear lot line. Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 4-5 (Lot Features) - The Director shall determine lot width for parcels of irregular shape. M. Definitions, "M." The following definitions are 'M alphabetical order. Map Act. See "Subdivision Map Act." Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes. Municipal Code. The City of Diamond Bar Municipal Code, as it may be amended from time to time by the Council. Lot Line Adjustments 21.26 I)LU1011-1 HAR IN OF L4A4OND AR UBDIVISION 4 IRDINANCE Title 21 of the Diamond Bar Alunicipal Code Adopted February 2, 1999 Ordinance No. 1 (1999) Pmpamd by THE PLANNING & ZONING ALLUNCE URBAN DESIGN SITDIO JACOBSON & WACK CRAWFORD, MULTARI, & CLARK Subdivision Design and Improvements 21.30 C. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access. Private streets -are. allowed only- in compliance with Subsection E., following. B. Access to subdivision. Every subdivision shall be designed to have access to a City street. Access shall be provided by: I . The subdivision abutting a City street, where the length of the subdivision along the street, the street right-of-way, and the 'width of the right-of-way will accommodate the construction of all road improvements required by this Section; or 2. The subdivision being connected to a City street by a non-exclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be: a. Offered for dedication; b. Unencumbered by any senior rights that might serve to restrict its proposed use; and c. Of a width and location to accommodate the construction of all improvements required by this Section and the City's Development Improvement Standards, Requirements and Guidelines. C. Access to new parcels. Parcels within a proposed subdivision shall be provided access as follows. 1. Citystreet access required. Each parcel within a proposed subdivision shall be provi ided access by being located on an existing City street or a new City street designed and improved in compliance with Subsection B. of this Section, orto a private street if allowed by Subsection E. of this Section. 2. Access denial. When a State highway or a street classified as a major arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels. Reservation strips shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines over the ends of street stubs. 3. Frontage roads. When lots are proposed to front on a major arterial or State highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway. 4. Alleys. Alleys may be proposed as part of non-residential subdivisions, but shall not be allowed in residential subdivisions. When a subdivision is proposed in -an Definitions S 2. Man-made slope. A manufactured slope consisting wholly or partially of either cut or filled material. 3. Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. Slope transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. State. The State of California. Stock Cooperative. A development defined by Business and Professions Code 11003.2 and Civil Code Section 1351 (m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property. Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this Subsection. Street line. The boundary between a street right-of-way and property. Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Title, the term "structure" includes "buildings." Structure, primary. See "Primary Structure." Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide for themselves or others', except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, a community apartment project, as defined in subdivision(d) of Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Condominiums and Condominium Conversions 21.24 application being found complete in compliance with Section 22-44-050 (Initial Application Review) of the Development Code. The 120 -day time limit may be extended by mutual consent of the subdivider and the City. 2. Conversion findings, residential projects. Approval of a tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made. 3. Limitation on conversions. In compliance with the General Plan, no condominium conversion shall be approved while the vacancy rate within the City for multi -family housing is less than four percent. E. Completion of conversion. The filing, approval and recordation of a Parcel Map or Final Map in compliance with Chapter 21.22 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act Section 66428(b) or 66428.1. If a Parcel Map is waived, a Tentative Map shall still be required. Contents 21-30-080 - Major StructuresIH-9 21.30.090 - Monuments111-9 21.30.100 - Parcel and Block DesignIII-9 21.30.110 - Public Utilities and Utility EasementsHI-11 21.30.120- Residential DensityIII-12 21.30.130 - Sewage DisposalIII-12 21.30.140 - Street LightingI]EI-13 21.30.150 - Street NamesIIII-13 21.30.160 - Storm Drainage and WatercoursesIII-13 21-30-170 - Traffic Safety DevicesIII-14 21.30.180 - Water SupplyIII-14 Chapter 21.32 - Dedications and ExactionsHI-17 21.32.010 - Purpose of ChapterHI-17 21.32.020 - ApplicabilityI[II-17 21.32.030 - Findings Required for Dedications and ExactionsEII-17 21.32.040 - Park Land Dedications and FeesIH-17 21-32.050 - Right -of -Way DedicationsI]EI-22 Chapter 21.34 - Improvement Plans and AgreementsIH-25 21-34.010 - Purpose of ChapterIII-25 21.34.020 - Improvement PlansHI-25 21.34.030 - Installation of ImprovementsHI-26 21.34.040 - Improvement Agreements and SecurityIH-27 Chapter 21.36 - Surveys and MonumentsEll-31 21.36.010 - Purpose of ChapterIIII-31 21.36.020 - Survey Procedure and PracticeIR-31 21.36.030 - MonumentsIII-31 21.36.040 - Survey Information on Final or Parcel MapIIII-33 ARTICLE IV - Subdivision Ordinance Definitions Chapter 21.40 - DefinitionsIV-3 21.40.010 - Purpose of ChapterIV-3 21-40-020 - Definitions of Specialized Terms and PhrasesIV-3 Contents Definitions L. Definitions, "L." The following definitions are in alphabetical order. Land use permit. Authority granted by the City to use a specified site for a particular purpose, including Conditional Use Permits and Minor Conditional Use Permits, Planned Development Permits, Temporary Use Permits, Variances and Minor Variances, and Zoning Clearances, as established by Article IV (Land Use and Development Permit Procedures) of the Development Code. Lot or parcel. A recorded lot or parcel of real property under sin le ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Title Types of lots include the following. See Figure 4-4 (Lot Types). 1. Comer lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot. 2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee. 3. Interior lot. A lot abutting only one street. 4. Key lot. An interior lot, the front of which adjoins the side property line of a comer lot. 5. Reverse comer lot. A comer lot, the rear of which abuts a key lot. 6. Through lot. A lot with frontage on two generally parallel streets. Lot Line Adjustments 21.26 21.26.040 - Approval or Denial of Adjustment The Director shall determine whether the parcels resulting from the adjustment will conform with the applicable _provisions of this Title. The Director m g ,pp U yove, conditionally approve,ornotapprovetheLotLineAdju-stm6'ntiii-co'M-P-IiiifiCe'w-iththisSecfion. Decisions made by the Director may be appealed to the Commission in compliance with Chapter 22.74 (Appeals) of the Development Code. A. Required findings. A proposed Lot Line Adjustment shall be denied if the Director finds any of the following: 1 The adjustment will have the effect of creating a greater number of parcels than exist before adjustment; 2. Any parcel resulting from the adjustment will conflict with any applicable regulations of the Development Code; or 3. The adjustment will result in an increase in the number of nonconforming parcels. B. Conditions of approval. In approving a Lot Line Adjustment, the Director shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Title and Title 15 (Building and Construction Safety) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or easements. 21.26.050 - Completion of Adjustment Within 1 year after approval of The Lot Line Adjustment, the process shall be completed in compliance with this Section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied. A. Completion by deed. A Lot Line Adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The Applicant shall submit deeds to the City Engineer for review and approval in compliance with Subsection C. below (Review and Approval by City Engineer), before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State. B. Completion by record of survey. If required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment shall not be effective or final until a record of survey has been checked by the City Engineer and recorded by the County Recorder. Where not required, a Lot Line Adjustment may also be completed by record of survey in compliance with this Subsection at the option of the Applicant. Contents 21.20.150 - Extensions of Time for Tentative Maps II -14 21.20.160 - Applications Deemed Approved II -14 Chapter 21.22 - Parcel Maps and Final Maps U-15 21.22.010 - Purpose of Chapter 11-15 21.22.020 - Parcel Maps III -15 21-22.030 - Waiver of Parcel Map IEI-15 21-22.040 - Parcel Map Form and Content U-18 21.22.050 - Filing and Processing of Parcel Maps H-18 21-22.060 - Parcel Map Approval III -18 21.22.070 - Final Maps III -18 21.22.080 - Final Map Form and Content E-19 21.22.090 - Filing and Processing of Final Maps H-19 21.22.100 - Final Map Approval U-19 21.22.110 - Supplemental Information Sheets U-20 21.22.120 - Recordation of Maps H-21 21.22.130 - Amendments to Recorded Maps H-21 Chapter 21.24 - Condominiums and Condominium Conversion ILI-23 21.24.010 - Purpose of Chapter II -23 21.24.020 - Condominiums III -23 21-24.030 - Condominium Conversions H-23 Chapter 21.26 - Lot Line Adjustments H-27 21-26.010 - Purpose of Chapter H-27 21.26.020 - Applicability U-27 21-26.030 - Adjustment Application and Processing II -27 21-26.040 - Approval or Denial of Adjustment II -28 21-26.050 - Completion of Adjustment 11-28 Chapter 21.28 - Certificates of Compliance II -31 21-28.010 - Purpose of Chapter II -31 21-28.020 - Applicability II -31 21-28.030 - Application Contents II -31 21-28.040 - Review and Approval II -31 21-28.050 - Conditional Certificates of Compliance II -32 ARTICLE III - Subdivision Design and Development Chapter 21.30 - Subdivision Design and Improvement Requirements III -3 21-30.010 - Purpose of Chapter III -3 21.30.020 - Applicability of Design and Improvement Standards III -3 21-30-030 - Access, Circulation, Streets IH -4 21-30.040 - Energy Conservation III -7 21.30.050 III -7 III -8 III -8 - Fire Hydrants 21.30.060 - Grading, Erosion, and Sediment Control 21.30.070 - Landscaping Subdivision Design and Improvements 21.30 the-inaintenance of -private roads and ownership of the street right-of-ways of any subdivision. 2. Design and improvement standards. Private roads shall be designed and improved as set forth in Subsections B. and C. 3. Security and conditions. The Commission and/or Council may require any guarantees and conditions it deems necessary to carry out the provisions of this Title pertaining to private roads. 'Private roads and easements providing access to parcels within a subdivision shall be located and shown on the Parcel or Final Map. 4. Offer of dedication. All proposed private roads shall be subject to irrevocable offers of dedication to the City on the applicable Parcel or Final Map, or separate instrument submitted to the City along with the Parcel or Final Map. F. Alternative circulation systems. Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, and/or the City-wide Comprehensive Parks Master Plan, as applicable. G. Alternative standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this Section, and the City's Development Improvement Standards, Requirements, and Guidelines where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character. The use of alternative standards shall be authorized through the exception procedure in Section 21-03.050. 21.30.040 - Energy Conservation The design of a subdivision for which a Tentative and Final Map are required by this Title shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1. 21.30.050 - Fire Hydrants A. Installation, location, number. The subdivider shall install fire hydrants connected to a water supply capable of delivering the required fire flow, within the public rightof-way, along private streets, and/or on the site to be protected, in compliance with this Section. The number and location of fire hydrants shall be determined by the review authority based upon recommendations from the Fire Chief. Definitions Z N. Definitions, "N." The following definitions are in alphabetical order. Natural grade. See "Grade." Natural slope. See "Slope." ,Nonconforming parcel. A parcel that was legally created prior to the adoption of this Title and which does notconform to currentCode provisions/standards (e.g.,access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located. 0. Definitions, "O." The following definitions are in alphabetical order. Occupancy. All or a portion of a structure occupied by one tenant. Open Space, Common. Outdoor areas within a development project that may be used by all residents/tenants of the site. Open Space, Private. An outdoor area within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site. P. Definitions, "P." The following definitions are in alphabetical order. Pad. A level area created by grading to accommodate development. Parcel. See "Lot, or Parcel." Permitted Use. A use of land identified by Article 11 (Zoning Districts and Allowable Land Uses) of the Development Code as being allowed in a particular zoning district, subject to the approval of a Zoning Clearance, in compliance with Chapter 22.46 (Zoning Clearances). Person. Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Planned Development. Asdefi ned byCivi I Cod eSection 13 5 1 (k),a develop me nt(other than a community apartment project, condominium, or stock cooperative) having either or both of the following features; The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or 2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by CHAPTER 21.24 - CONDOMINIUMS AND CONDOMINIUM CONVERSION Sections: 21.24.010 - Purpose of Chapter 21-24.020 - Condominiums 21.24.030 - Condominium Conversions 21-24.010 - Purpose of Chapter This Chapter establishes requirements for applications for the creation of a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Subdivision Map Act. 21.24.020 - Condominiums When a residential structure is proposed at the time of construction as a condominium or other common interest development, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 21.20 (Tentative Map Filing and Processing). Chapter 21.22 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed. 21-24.030 - Condominium Conversions A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a Parcel Map is waived, a Tentative Map shall still be required. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 21.20 (Tentative Map Filing and Processing), with the following exceptions. A. Application contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which sh@II also include the following information and materials. Contents Subdivision Design and Improvements 21.30 Section 21.20.080 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (Section 21-20-090). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer. C. Conflicting provisions. In the event of any conflict between the provisions of this Chapter and other provisions of this Title, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Chapter and the Map Act, the Map Act shall control. D. Extent of improvements required - Four or fewer parcels. As required by Map Act Section 66411 - 1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. E. Oversizing of improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act 66486. F. Exceptions. Exceptions to the provisions of this Chapter may be requested and in compliance with Section 21.03.050 (Exceptions to Subdivision consi Standards). 21.30.030 - Access, Circulation, Streets Proposed subdivisions shall be designed to provide adequate access from each new parcel to a City street, in compliance with this Section. A. General access and circulation requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this Section, the Diamond Bar Development Improvement Standards, Requirements, and Guidelines, and with the Circulation Element of the General Plan. L Street design shall provide for safe vehicular operation at a specified design speed. 2. Public streets shall be required when; a. The street is shown as an arterial or collector in the Circulation Element of the General Plan, or any- other specific or precise plan; The street will be used by the general public as a through access route; or Definitions 3. Definitions, "I" No definitions of terms beginning with the letter "I" are used at this time. K. Definitions, "K." No definitions of terms beginning with the letter "K" are used at this time. Condominiums and Condominium Conversions 21.24 ARTICLE I Purpose and Applicability' of Subdivision Ordinance Chapter 21.01 - Enactment and Applicability of Subdivision OrdinanceI-3 21.01.010 - TitleI-3 21.01.020 - PurposeI-3 21.01.030 - AuthorityI-3 21.01.040 - ApplicabilityI-3 21.01.050 - Compliance with other Regulations RequiredI-4 21.01.060 - Conflicting ProvisionsI-4 Chapter 21.02 - Administration of Subdivision Ordinancei-5 21.02-010 - Purpose of ChapterI-5 21.02.020 - Responsibility for AdministrationI-5 21.02.030 - Advisory AgencyI-5 21.02.040 - Authority for Subdivision Decisionsi-6 21.02.050 - EnforcementI-6 Chapter 21.03 - Subdivision Map Approval RequirementsI-9 21.03-010 - Purpose of Chapters -9 21.03.020 - Type of Subdivision Approval Requiredi-9 21.03.030 - Exemptions from Subdivision Approval Requirements1-10 21.03.041) - Applications Deemed ApprovedI-12 21.03.051) - Exceptions to Subdivision StandardsI-12 21.03.061) - Application FeesI-13 Subdivision De -sign and Improvements 21-30 21.30.080 - Major Structures The review authority may require the subdivider to provide major structures, including retaining walls, bridges or dams, based on the needs for these facilities created by the subdivision. Each structure shall be designed and approved on an individual basis. The subdivider shall provide the City with all drawings, specifications, and engineering calculations used in the design and construction of a major structure. 21.30.090 - Monuments The subdivider shall install monuments in compliance with Chapter 21.36 (Surveys and Monuments), and the Map Act. 21.30.100 - Parcel and Block Design The size, shape and arrangement of proposed parcels shall comply with this Section, or with any General Plan policy, applicable Specific Plan requirement, other Development Code provision, or other Municipal Code provision applicable to a proposed subdivision. A. Parcel area. The minimum area for new parcels shall be as required by Article H (Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section. 1. Calculation of area. When calculating the area of a parcel to determine compliance with this Section, Article II, or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision: a. A vehicular or non -vehicular access easement through the parcel; b. An easement for an open drainage course, whether a ditch, natural channel or floodway; or c. The "flag pole" (access strip) of a flag lot. (See Subsection 13.5, following.) 2. Minimum lot area requirements for common interest developments. The minimum lot area requirements of Article II shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar common interest developments, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development. B Dimensions. The dimensions of new parcels shall be as follows. 1. Parcel width. New parcels shall be designed to have a minimum width of 50 feet; except that each parcel on a turnaround, cul-de-sac or curved street, where the side'lot lines are diverging from the front to the rear of the parcel, shall have a Definitions Inteiior Lot Through Lot Cul Ilot, Flag Lot Comer Lot Comer Reverse Key Lot I Lot Interior Comer Lot Lot Figure 4-4 LOT TYPES Am Easement Lot Net Lot Width Area r Lot ine Side of Lot Lot Depth Width Average '0-' Distance Midway Between Between Front and Front and Rear Lot Rear Lot *Lines Lines Front Lot Line Figure 4-5 LOT FEATURES Parcel Maps and Final Maps 21.22 B. Content of information sheets. Supplemental information sheets shall contain the following statements and information: 1. Title. A title, including the number assigned to the accompanying Parcel or Final Map by the City Engineer, the words "Supplemental Information Sheet;" 2. Explanatory statement. A statement following the title that the supplemental information sheet is recorded along with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest; 3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map shall indicate the location of the subdivision within the City; 4. Areas subject to flooding. Identification of all lands within the subdivision subject to periodic inundation by water; 5. Soils or geologic hazards reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and 6. Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications. 21.22.120 - Recordation of Maps A. At the time of filing of a Parcel or Final Map with the County Recorder, the subdivider shall present to the County Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66445(e). B. The County Recorder will review and act upon Parcel and Final Maps filed with that of face as set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law. 21.22.130 - Amendments to Recorded Maps A recorded Parcel or Final Map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this Section. A. Corrections. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be Enactment and Applicability 21.01 21.01.050 - Compliance with other Regulations Required The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in Title 22 of the Municipal Code (the Development Code), or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City. 21.01.060 - Conflicting Provisions In the event of any conflict between the provisions of this Title and the Map Act, the Map Act shall control. In the event of any conflict between the provisions of this Title and Title 22 of the Municipal Code (the Development Code), or between this Title and other provisions of the Municipal Code, the most restrictive provision shall control. Subdivision Design and Improvements 21.30 area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys at least 20'feet wide at the rear of the parcels. D. Design and improvement of proposed streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the Diamond Bar Development Improvement Standards, Requirements and Guidelines-. 1. Alignment. The alignment of streets shown on a Tentative Map shall be: a. Consistent with the Circulation Element of the General Plan, where applicable; and b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves; 2. Right-of-way and surfaced width. The width of the right-of-way and improved surface of streets shown on a Tentative Map shall be as provided by the Diamond Bar Development Improvement Standards, Requirements and Guidelines. 3. Access to unsubdivided property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed with the proposed subdivision be extended to the boundary of the property to provide access to the future development. 4. Improvements to existing streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements in compliance with the General Plan, if it is determined that the proposed subdivision will create the need for the improvements. 5. Length of loop, cul-de-sac, and other dead-end streets. The maximum length of a loop street shall be 1,200 feet. A proposed subdivision shall not be designed with a dead-end street having a length greater than 500 feet from the first intersecting through street. Maximum length shall be measured from the edge of the roadway surface at the intersection that begins the road, to the end of the road surface at its farthest point. E. Private roads. Private roads are allowed as provided in this Section. Private roads shall not be permitted except where the Council determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision. 1. Mainte 'nance requirements. Provisions satisfactory to the City Attorney shall be made for lot owners association or other organization to assume responsibility for Definitions Exaction. A requirement for the dedication of land or the payment of a fee, imposed as a condition of development project dpproval, in response to the anticipated impacts of a proposed project on the community. F. Definitions, "F." The following definitions are in alphabetical order. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, socialand technological factors. Fill. A deposit of earth material placed by artificial means. Finish grade. See "Grade." G. Definitions, "G." The following definitions are in alphabetical order. General Plan. The City of Diamond Bar General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Title as the "General Plan." Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. 1 . Existing or natural grade. The contour of the ground surface before grading. 2. Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan. 3 - Natural grade. The elevation of the ground level in its natural state before grading, filling or construction. 4. Street grade. The elevation of the centerline of the street adjacent to the site proposed for development. Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing operations. 1. Conventional grading. See Figure 4-1. a. Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular. b. Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions. Condominiums and Condominium Conversions 21.24 Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownershi p of the units. 2. Public notice materials. Business size envelopes will be sent to each tenant of the property being converted, with first class postage affixed to each envelope. 3. Verification of stock cooperative vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452-10. 4. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing, in compliance with the General Plan. This program shall, at a minimum, comply with the provisions of the Map Act Section 66452-8. 5. Vacancy rate assessment. An assessment of the vacancy rate in multi -family housing within the City. 6. Mobile home park conversion impact report. If the development being converted to a condominium is a mobile home park, the application shall also include the report required by Map Act 66427.4. B. Staff report. The staff report on the Tentative Map for the condominium conversion (Section 21-20.040) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the Tentative Map by the Commission or Council. C. Public notice. The following notice shall be provided in addition to that required by Chapter 22.72 (Public Hearings) of the Development Code; Tenant notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and 2. Public hearing notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3. D. Approval of conversion, required findings. 1. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the CHAPTER 21.01 - ENACTMENT AND APPLICABILITY OF SUBDIVISION ORDINANCE Sections: 21.01.010 - Title 21.01.020 - Purpose 21.01.030 - Authority 21.01.040 - Applicability 21.01.050 - Compliance with other Regulations Required 22-01.060 - Conflicting Provisions 21.01.010 - Title This Title shall be known as the City of Diamond Bar Subdivision Ordinance, hereafter referred to as "this Title." 21.01.020 - Purpose The provisions of this Title are intended to supplement, implement, and work with the Subdivision Map Act, Sections 66410 et seq, of the California Government Code (hereafter referred to as the "Map Act"). This Title is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of applications, and the review, approval, and construction of proposed subdivisions. 21.01.030 - Authority This Title is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Title shall, nevertheless, apply to all subdivision maps Cind proceedings under this Title. 21.01.040 - Applicability A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with Chapter 21-03 (Subdivision Map Approval Requirements), and all other applicable provisions of this Title. B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Title and the Map Act, the Map Act shall control. Subdivision Design and Improvements 21.30 2. - Block length. Blocks shall be no longer than 1,200 feet unless existing conditions warrant an exception (Section' 21.03.050). D. Building pads on hillside lots. A Tentative Map proposing parcels with a slope of 20 percent or greater shall show proposed pad locations. Approved pad locations shall be shown on a supplemental information sheet in compliance with Section 21.72.110 (Supplemental Information Sheets), recorded with an approved Parcel or Final Map. E. Driveway standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 22.30-080 (Driveways and Site Access) of the Development Code. 21.30.110 - Public Utilities and Utility Easements Public utilities including electricity, gas, water, sewer, storm drains and telecommunications services, shall be installed as part of the improvements within all subdivisions as provided by this Section, and by Sections 21.30.130 (Sewage Disposal) and 21.30.180 (Water Supply). The installation of utilities may be waived by the review authority through an exception granted in compliance with Section 21.03.050, if the review authority also finds that not installing the utilities as part of the subdivision improvements will be in the public interest. A. Underground utilities required. Utilities in new subdivisions shall be installed underground, as follows: 1. When undergrounding is required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the review authority based on the recommendations of the City Engineer. The subdivider is responsible for complying with the requirements of this Section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this Section if topographical, soil, or any other conditions make underground installation unreasonable or impractical. 2. Location of installation. Underground utility lines maybe installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer. Definitions Conventionally Graded Slopes Figure 4-1 CONVENTIONAL GRADING Contour-Gracled Slopes Figure 4-2 CONTOUR GRADING Landform -Graded Slopes Figure 4-3 LANDFORM GRADING Parcel Maps and Final Maps 21.22 21.22.080 - Final Map Form and Content A Final Map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Final Map submittal shall include all information and other materials prepared as required by the Department. A Final Map submittal shall also include a digital copy of the Final Map, prepared using computer software and standards specified by the City Engineer. 21.22.090 - Filing and Processing of Final Maps A. Filing with City Engineer. The Final Map, together with all data, information and materials required by Section 21-22-060 above shall be submitted to the City Engineer. The Final Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Final Map. The City Engineer shall review the Final Map and all accompanying materials, and shall; 1 - Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and 2. Obtain verification from the Department that the Final Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Final Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to Tentative Map expiration and resubmit the Parcel Map, together with all required data. C. Multiple Final Maps. The subdivider may file multiple Final Maps on the approved Tentative Map if the subdivider either included a statement of intention with the Tentative Map or, if after the filing of the Tentative Map, the Director approved the request. 21.22.100 - Final Map Approval After determining that the Final Map is in compliance and is technically correct in compliance with Section 21.22-080, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Map Act Section 66442, and forward the Final Map to the Council for action, as follows. A. Review and approval by Council. The Council shall approve or disapprove the Final Map at its next regular meeting after the City Clerk receives the map, or at its next regular meeting after the meeting at which it receives the map unless that time limit is extended'W'ith the mutual consent of the City Engineer and the subdivider, Administration of Subdivision Ordinance 21-02 of the Map Act when the -advisory agency (Los Angeles County) requests such review; 4. Approve, conditionally approve, or disapprove Parcel Map waiver applications in compliance with Section 21.22.030 (Waiver of Parcel Map); and 5. Perform additional duties and exercise additional authorities as prescribed by law and by this Title. 21.02.040 - Authority for Subdivision Decisions Table 1-1 (Authority for Subdivision Decisions) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Title. TABLE 1-1 AUTHORITY FOR SUBDIVISION DECISIONS Type of Subdivision Application I or Decision Certificates of Compliance Role of R eview Authority Director Commission Council Decision Conditional Certificates of Compliance Decision Appeal Appeal Lot Line Adjustments Decision Appeal Appeal Parcel Map Waivers Recommend Recommend Decision - Tentative Maps Recommend Recommend Decision Tentative Map Time Extensions Recommend Recommend Decision Parcel and Final Maps Recommend Decision 21.02.050 - Enforcement A. Notice of Violation. Any City officer or employee who has knowledge that a real property has been divided in violation of the Map Act or this Title, shall immediately notify the Director. Upon receipt of the information, the Director shall file a notice in compliance with the Map Act. The Director shall also schedule a hearing before the Commission for the purpose of determining whether a final notice of violation shall be recorded in compliance with the Map Act. The owner of the real property shall be notified of the time, date, and place of the hearing, of his/her right to present evidence at the hearing, and shall be advised that if the Commission determines a violation to have occurred, a final notice of violation shall be recorded no sooner than 60 days following receipt by the property owner of a copy of the first recorded notice. The decision of the Conu-nission may be appealed to the Council. Subdivision Design and Improvements 21.30 2. Standard hydrant spacing- shall be at 300 -foot intervals in all areas except areas containing only single -story iingle-family or duplex dwellings, in which case standard hydrant spacing shall be at 500 foot intervals. 3. The review authority may make minor modifications to the hydrant placement distances above based on recommendations from the Fire Chief, where the review authority determines that it would not be adverse- to the City's fire protection capabilities. In no case shall fire hydrants be spaced closer than 300 -foot intervals. B. Hydrant type. Proposed fire hydrants shall be a model approved by the Fire Chief. 21.30.060 - Grading, Erosion, and Sediment Control New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Section 18.108.190 of the Municipal Code. 21.30.070 - Landscaping A. Landscaping requirements. Landscaping shall be provided as follows, and in compliance with Chapter 22.24 (Landscaping Standards), and Section 22.30.070.1-1 (Development Standards for Off -Street Parking - Landscaping) of the Development Code, where applicable. 1. Residential subdivision. The developer shall provide a residential subdivision with landscaping in the form of street trees on each proposed parcel that is not a flag lot, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. 2. Nonresidential subdivisions. The developer shall provide a nonresidential subdivision with landscaping as required by the review authority. B. Plant materials, irrigation. All proposed and/or required trees, shrubs, ground covers, vines, turf, and other plant materials shall be of a type approved by the Director and, to the greatest extent practicable, shall be of drought -resistant and drought -tolerant types or varieties. Plant materials and irrigation systems shall comply with the requirements of Chapter 22.24 (Landscaping Standards) of the Development Code. The subdivider shall provide a mechanism or system for the permanent maintenance of any common area or open space landscaping. C. Deferral of installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of Section 21.34.040 (Improvement Agreements and Security), provided that interim erosion and sediment control measures ate first installed in compliance with Section 21.30.060 above (Grading, Erosion and Sediment Control). CHAPTER 21.40 - DEFINITIONS 21.40.010 - Purpose of Chapter This Chapter provides definitions for the subdivision design and development terminology used in this Subdivision Ordinance. 21.40.020 - Definitions of Specialized Terms and Phrases As used in this Title, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. Definitions, "A." The following definitions are in alphabetical order. Agent. A person authorized in writing by a property owner or lessee to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Title. Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation. Approval. Includes both approval and approval with conditions. B. Definitions, "B." The following definitions are in alphabetical order. Building Official. The City of Diamond Bar employee or independent contractor designated by the Council as the Building Official. C. Definitions, "C." The following definitions are in alphabetical order. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21000 et seq. City. The City of Diamond Bar, State of California, referred to in this Title as the "City." City Council. The Diamond Bar City Council, referred to in this Title as the "Council." City Engineer. The City of Diamond Bar employee or independent contractor designated by the Council as City Engineer. Commission. See "Plannin Commission." 0 Parcel Maps and Final Maps 21.22 accomplished by eithenthe filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this Section, „ errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the City Engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed. B. Changes to approved subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 21.34.040 (Improvement Agreements and Security), a new tentative and Parcel or Final Map shall be filed and approved as required by Section 21.03.020 (Type of Subdivision Approval Required). CHAPTER 21.02 - ADMINISTRATION OF SUBDIVISION ORDINANCE Sections: 21.02.010 - Purpose of Chapter 21.02.020 - Responsibility for Administration 21.02.030 - Advisory Agency 21.02.040 - Authority for Subdivision Decisions 21-02.050 - Enforcement 21.02.010 - Purpose of Chapter This Chapter assigns the responsibility and authority for the administration and enforcement of this Title, and the processing, review, approval or disapproval of the subdivision applications required by this Title. 21-02.020 - Responsibility for Administration The Deputy City Manager responsible for Community and Development Services, hereafter referred to as the "Director," is authorized and directed to administer and enforce the provisions of this Title and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Title. 21.02.030 - Advisory Agency An advisory agency as described in the Map Act is hereby established, and shall be assigned authority and duties as provided by this Section. A. Composition of advisory agency. The advisory agency shall be the Planning Commission, hereafter referred to as the "Commission," as determined by Section 21.02.040 (Authority for Subdivision Decisions). B. Authority and duties. The advisory agency shall: 1 Recommend to the City Council, hereafter referred to as the "Council" the approval, conditional approval, or disapproval of all Tentative Maps, and requests made to modify the design and improvement standards of this Title in compliance with Section 21-03-050 (Exceptions to Subdivision Standards); 2. Recommend modifications of the requirements of this Title; I Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Los Angeles County in compliance with the provisions Subdivision Design and Improvements 21.30.140 - Street Lighting 21.30 A proposed subdivision shall incorporate street lighting facilities determined by the review authority to be consistent with the character of the area, and the needs of public safety, and designed and constructed to the standards established by the City Engineer. 21.30.150 - Street Names All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street. 21.30.160 - Storm Drainage and Watercourses A. Drainage systems required. The developer shall provide a subdivision with storm drainage facilities as required by this Section, and Section 21.30.160 (Storm Drainage and Runoff). 1. Performance and capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the City Engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed for a flood frequency of 50 years, unless otherwise approved by the City Engineer. Drainage system design shall avoid unnatural concentrations of storm water runoff and retain existing drainage courses wherever possible. 2. Culverts. The minimum diameter of a storm drain pipe placed beneath a public street shall be 18 inches. Pipe materials shall be approved by the City Engineer, and placed at the grade of the drainage channel whenever practical. Minimum allowable culvert grade shall be 1.0 percent under normal circumstances. Minimum allowable open ditch grade shall be 2.0 percent. 3. Location of facilities. Drainage facilities shall be located within a street right-ofway or within public drainage easements. 4. Timing of installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rights-of-way and other subdivision improvements. 5. Interim maintenance. All subdivision drainage facilities shall be maintained by the developer until accepted by the City or Los Angeles County Flood Control District. B. Drainage easements. Required drainage systems shall be located within drainage easements delineated on the Final Map or Parcel Map, and the easements shall satisfy Definitions G c. Landscaping is applied in random or geometric patterns. 2. Contour grading. See Figure 4-2. a. Contour -graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear. b. Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face. c. Landscaping is applied in random or geometric patterns. 3. Landform grading. See Figure 4-3. a. Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. b Slope down -drain devices either follow the natural line of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with naturalrock. c Landscaping becomes a 11 revegetation" process and is applied in patterns that occur in nature; trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers. H. Definitions, "H." The following definitions are in alphabetical order. Hearing Officer. The Diamond Bar Community and Development Services Department employee designated by the Community Development Director as the City's Hearing Officer, with the authority and responsibility to conduct public hearings and approve or disapprove subdivision applications in compliance with Article II (Subdivision Review Procedures). Hillside. A parcel of land which contains grades in excess of 10%. I. Definitions, 'T" The following definitions are in alphabetical order. Improvement, Any public infrastructure, including streets, storm drains, sewers and the like. Parcel Maps and Final Maps 21.22 subn-dttalofthetitlereportwiththeTentativeMapapplication.-Ifachange in ownership has occurred, the subdivider shall submit a new title report issued within- - 60 - days, before- the filing of the certificate of completion application. c. A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road. d. A certificate of completion in the form required by the City Engineer, prepared for recording, including: (1) A list of all requirements imposed as conditions of approval of the Tentative Map, including but not limited to any requirements for the construction of offsite and onsite improvements; (2) A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the Tentative Map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act; and (3) A legal description of each parcel created in substantial conformance with the approved Tentative Map, prepared by a registered civil engineer or licensed land surveyor. e. Any required recordation fees. - 2. Review and approval of certificate. The City Engineer shall review, approve or disapprove, and complete the- processing of a certificate of completion by examining the materials submitted and performing other investigations as, necessary to ensure that: a. All record title owners have consented to the subdivision; b. The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and c. The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved Tentative Map. If the City Engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the City Engineer shall place an endorsed approval upon the face of the certificate and shall file it with the County Recorder. - Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred. Administration of Subdivision Ordinance 21.02 Subdivision Design and Improvements 21-30 minimum width of 60 feet, measured at the front setback line required for the primary structure by Article H. 2. Parcel depth. No new parcel shall have a depth less than 80 feet, or a depth V -greater than three times the average width of the lot when the lot has a width of less than 250 feet. 3. Exceptions. The review authority may approve parcels with different dimensions than provided by this Section within the -PD (Planned Development) overlay zoning district, or where the review authority determines a different dimensions are appropriate because of topographic constraints. 4. Location of lot lines. a. Orientation to streets. The side lot lines of all parcels shall be at right angles to the center line of the street, and radial to curved streets, to provide adequate street frontage for each parcel. b. City limits. No parcel shall be designed so that it will be divided by the City's corporate boundary. c. Relationship to easements. Parcels shall be designed so that lot lines conform to existing or planned easements unless the easements are relocated to conform with the proposed lot pattern. 5. Flag lots. Flag lots are generally discouraged unless they can improve the efficiency of land use, or protect natural features, and/or are desirable because of topographic constraints. Where determined to be appropriate by the review authority, flag lots shall comply with the following requirements. a. Lot design, size. The main portion of the flag lot (not including the access strip, or "flag pole") shall satisfy the provisions of this Section for length, depth, area and design. In no case shall the access strip be less than20 feet in width, nor more than 200 feet in depth. b. Number of housing units served. No Tentative Map shall be approved with more than four homes being provided access to a public street by means of a single flag access strip. C. Parcel and block configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills, and the removal of significant vegetation. 1. Double -frontage lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited. ARTICLE IV Subdivision Ordinance Definitions Chapter 21-40 - Defi-nitions IV -3 21.40-010 - purpose of Chapter IV -3 21.40.020 - Definitions of Specialized Temis and Phrases IV -3 Parcel Maps and Final Maps 21.22 1. Criteria for approval. The Council shall approve the Final Map if it conforms to all the requirements of the Map Act, all provisions of this Title that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map. 2. Waiver of effors. The Council may approve a Final Map that fails to meet any of the requirements of this Title or the Map Act applicable at the time of approval of the Tentative Map, when the Council finds that the failure of the map is a technical or inadvertent error which, in the determination of the Council does not materially affect the validity of the map. 3. Approval by inaction. If the Council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval on the map. B. Map with dedications. If a dedication or offer of dedication is required on the Final Map, the Council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Council rejects the offer of dedication, the offer shall remain open and may be accepted by the Council at a later date pursuant to Section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with Section 66477.2 of the Map Act and the street vacation procedure. C. Map with incomplete improvements. If improvements required by this Title, conditions of approval or by law have not been completed at the time of approval of the Final Map, he Council shall require the subdivider to enter into an agreement with the City as specified in Map Act Section 66462, and Section 21.34.040 (Improvement Agreements and Security), as a condition precedent to the approval of the Final Map D. Transmittal to Recorder. After action by the Council, and after the required signatures and seals have been affixed, the City Clerk shall transmit the Final Map to County Recorder for filing, in compliance with Section 21.22.120 (Recordation of Maps) 21.22.110 - Supplemental Information Sheets In addition to the information required to be included in Parcel Maps and Final Maps (Sections 21.22.040 and 21.22.080, respectively), additional information may be required to be submitted and recorded simultaneously with a Final Map as required by this Section. A. Preparation and form. The additional information required by this Section shall be presented in the form of additional map sheets, unless the Director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for Parcel Maps by Section 21,22,040 (Parcel Map Form and Content), Administration of Subdivision Ordinance 21.02 B. Permit issuance prohibited. No commission, officer, or employee of the City shall issue any certificate or permit, or grant any approval necessary to -develop any real property within the City if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or this Title. Subdivision Design and Improvements 21-30 valve boxes, meter boxes@ and fire hydrants and the system construction specifications shall be subject to the approval of the City Engineer, and the location of fire hydrants shall also be approved by the Fire Chief. Definitions Common Interest Development. apartment project, townhouse, planned compliance with Civil Code 1351. A Includes a condominium, community development, or stock cooperative, in CommunityApartmentProject. Adevelopmentinwhichanundividedinterestinland is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code Section 11004, and Civil Code 1351(d). Condominium. As defined by Civil, Code Section 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the -boundaries may be- filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support. County. The County of Los Angeles, State of California. County Recorder. The Los Angeles County Recorder. Cul-de-sac. A street which is designed to remain permanently closed at one end. D. Definitions, "D." The following definitions are in alphabetical order. Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Department. The Diamond Bar Community and Development Services Department, referred to in this Title as "Department." Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Title. Development Code. The Diamond Bar Development Code, Title 22 of the Diamond Bar Municipal Code, referred to herein as "the Development Code." Director. Where the term "Director" is used in this Title, the title shall mean the Deputy City Manager responsible for Community and Development Services. Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons. Definitions, "E." The following definitions are in alphabetical order. Elevation. Height or distance above sea level. CHAPTER 21.22 - PARCEL MAPS AND FINAL MAPS Sections: 21-22.010 - Purpose of Chapter 21.22.020 - Parcel Maps 21.22.030 - Waiver of Parcel Map 21.22.040 - Parcel Map Form and Content 21.22-050 - Filing and Processing of Parcel Maps 21.22-060 - Parcel Map Approval 21.22-070 - Final Maps 21-22-080 - Final Map Form and Content 21.22.090 - Filing and Processing of Final Maps 21.22.100 - Final Map Approval 21.22.110 - Supplemental Information Sheets 21-22.120 - Recordation of Maps 21-22.130 - Amendments to Recorded Maps 21.22.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act. 21.22.020 - Parcel Maps As required by Sections 21.03.020 (Type of Subdivision Approval Required), and 21.20.120 (Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as set forth in Section 21.22.030. A Parcel Map shall be prepared, filed and processed as set forth in Sections 21-22.040 through 21.22-060. 21.22.030 - Waiver of Parcel Map A subdivider may request waiver of a Parcel Map, and the Council may grant the waiver in compliance with this Section. A. When waiver is allowed. Waiver of a Parcel Map may be requested by a subdivider and granted by the Council for a subdivision where the following circumstances exist, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location. I . The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained pubic street and no dedications and improvements are required by this Title; or Subdivision Map Approval Requirements 21-03 3. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments and widths; or 4. Each parcel has a minimum -gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2. B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows: 1. Parcel Map. The filing and approval of a Parcel Map (Chapter 21.22) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act, except for the following subdivisions: a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case. - b. Rail right-of-way leases. Subdivisions of a portion of the operating right-ofway of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days'notice in writing); or c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 21.22.030 (Waiver of Parcel Map). 2. Final Map. The filing and approval of a Final Map (Chapter 21.22) shall be required for a subdivision of five or more parcels; except where a Parcel Map without a Tentative Map is instead required by Subsection A. above (Tentative Map Requirements). 21.03.030 - Exemptions from Subdivision Approval Requirements As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps. A. Agricultural leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock. Subdivision Design and Improvements 21-30 B. Utility easements. 1. Minimum width. The minimum width -of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the City Engineer for City facilities, and the recommendations of the applicable utility company, for public or private utilities. 2. Overhead lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear'of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes. C. Timing of installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made. 21.30.120 - Residential Density The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site or the maximum number of dwelling units permitted by the applicable zoning district, and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Title. 21.30.130 - Sewage Disposal A. System design. A proposed subdivision shall be designed to provide for connection to the City's sewage collection system, except in areas previously approved for the use of on-site sewage disposal systems. B. Agreement for on-site systems required. Where on-site systems are allowed, the Tentative Map applicant shall be required to execute and record an agreement with the City committing to not protest the formation of an improvement district that may be formed for the installation of a sewage collection system. C. City Engineer approval. Where any part of a sewage collection system is proposed to be installed within a street right-of-way, the system location and construction specifications shall be subject to the approval of the City Engineer. D. Timing of construction. A sewage collection system shall be installed as part of the improvements within all subdivisions. Surveys and Monuments A. Boundary monuments. 21.36 1. Boundary monuments shall be set on the exterior boundary of the subdivision at all comers, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points -may be established by ties and shall be so noted on the Final Map or Parcel Map. 2. All exterior boundary monuments shall be set prior to recordation of the Final Map or Parcel Map or as certified on the Final Map. B. Interior monuments. Whenever interior monuments are required, the monuments shall be set at: 1. All block and lot comers and angle points; 2. The beginnings and ends of curves; 3. Points of intersection with centerlines of other existing and proposed streets and alleys; and 4. The points of intersection with the exterior boundary lines. C. Monument type and positioning. All monuments set in the course of the survey shall be as specified by the City Engineer and shall be set to the depth and in the manner prescribed by the City Engineer. D. Identification marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made. E. Replacement of destroyed monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the City shall be replaced by the subdivider. F. Timing of monument installation. The exterior boundary of the subdivision shall be completely monumented or referenced before the Final Map or Parcel Map is submitted to the City Engineer for filing. Interior monuments need not be set at the time the Final Map or Parcel Map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the City a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496. G. Notice of completion. Within five days after all monuments have been set, the engineer or surveyor shall 've written notice to the subdivider and the City Engineer 91 that the final monuments have been set. Verification of payment to the engineer or Parcel Maps and Final Maps 21.22 21.22.040 - Parcel Map Form and Content A Parcel Map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the State of California. Parcel Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.22.050 - Filing and Processing of Parcel Maps A. Filing with the City Engineer. The Parcel Map, together with all data, information and materials required by Section 21.22-040 above shall be submitted to the City Engineer. The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of this Title and the Map Act. B. Review of Parcel Map. The City Engineer shall: Determine whether all applicable provisions of this Title and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved Tentative Map; and 2. Obtain verification from the Department that the Parcel Map conforms to the approved Tentative Map and that any conditions of approval for which that office is responsible have been completed. If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data if the Tentative Map has not expired. 21.22.060 - Parcel Map Approval After determining that the Parcel Map is in compliance and is technically correct in compliance with Section 21.22.040, the City Engineer shall approve the Parcel Map and for -ward the map to the County Recorder for filing in compliance with Section 66450 of the Map Act.. If a dedication or offer of dedication is required on the Parcel Map, the City Engineer shall forward the Parcel Map to the Council. The map shall then be placed on the Council consent agenda for final acceptance. After action by the Council approving the Parcel Map, it shall be transmitted by the City Engineer to the County Recorder for filing. 21.22.070 - Final Maps As required by Section 21.03.020 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed and processed as set forth in Sections 21.22.080 through 21.22.100. CHAPTER 21.03 - SUBDIVISION MAP APPROVAL REQUIREMENTS Sections: 21.03.010 - Purpose of Chapter 21.03.020 - Type of Subdivision Approval Required 21.03.030 - Exemptions from Subdivision Approval Requirements 21.03.040 - Applications Deemed Approved 21.03.050 - Exceptions to Subdivision Standards 21.03.060 - Application of Fees 21.03.010 - Purpose of Chapter This Chapter determines when City approval of a Tentative Map, Parcel or Final Map is required. 21.03.020 - Type of Subdivision Approval Required Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with the provisions of this Title except as otherwise provided in this Chapter. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map or Final Map to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the standards of this Title, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder. A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map (see Chapter 21.20, Tentative Map Filing and Processing), except as otherwise provided by Section 21.03.030 (Exemptions from Subdivision Approval Requirements), and except for the following, which shall require the filing and approval of a Parcel Map without a Tentative Map: I . The original, unsubdivided parcel contains less than five acres, each proposed parcel abuts upon a maintained public street, and no dedications or improvements are required by this Title; or 2. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or CHAPTER 21.32 - DEDICATIONS AND ExAcTIONS Sections: 21-32.010 - Purpose of Chapter 21.32.020 - Applicability 21.32.030 - Findings Required for Dedications and Exactions 21-32.040 - Park Land Dedications and Fees 21.32.050 - Right -of -Way Dedications 21.32.010 - Purpose of Chapter This Chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval. 21.32.020 - Applicability A. Compliance required. All proposed subdivisions shall comply with the requirements of this Chapter for dedications, reservations, or the payment of in -lieu fees. B. Conditions of approval. The requirements of this Chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the Tentative Map. 21.32.030 - Findings Required for Dedications and Exactions The review authority may require any of the dedications or exactions through conditions of approval of a proposed Tentative Map only after first making findings which: A. Identify the purpose for the dedication or exaction; and B. Demonstrate that -there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required. 21.32.040 - Park Land Dedications and Fees A. Purpose. This Section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes as a condition of the approval of a Tentative Map. This Section is enacted as authorized by the provisions of Article 3, Chapter 4 of the Map Act, also known as the "Quimby Act." Contents Tentative Map Filing and Processing 21.20 F. Duration of vested rights. The development rights vested by this Section shall expire if a Parcel Map or Final Map is not approved before the expiration of the Vesting Tentative Map in compliance with Sections 21.20.140 et seq. (Tentative Map Time Lin -tits). If the Parcel or Final Map is approved and recorded, the development rights shall be vested for the following periods of time. An initial time period of 24 months from the date of recordation of the Parcel or Final Map. Where several 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. 2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete. 3. The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Council shall approve or not approve any request for extension. 4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections F. 1 and F.2 above, the vested rights shall continue until the expiration of the building permit, or any extension of that permit. 21.20.140 - Expiration of Approved Tentative Map The expiration date of a Tentative Map is determined by Map Act Sections 66452.6, 66452.1 1, 66452.13, and 66463-5. An approved Tentative Map is valid for 36 months after its effective date (Section 21.20-100). At the end of that time, the approval shall expire and become void unless: A. A Parcel or Final Map, and related bonds and improvement agreements, have been filed with the City Engineer in compliance with Chapter 21.22 (Parcel Maps and Final Maps); or B. An extension of time has occurred in compliance with Section 21.20.1650. Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed. Subdivision Map Approval Requirements 21.03 I Small, removable commercial buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than 100 square feet. K. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; @or "granny" units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively. L. Separate assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. M. Wind energy conversion systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the City. 21.03.040 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Section 65956 of the Government Code or Article 2 of Chapter 3 of the Map Act (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Title which shall be satisfied by the subdivider before any Building Permits or land use permits are issued. Parcel or Final Maps filed for record after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Title and the Map Act, including but not limited to Government Code Sections 66473, 66473.5 and 66474. 21.03.050 - Exceptions to Subdivision Standards An exception to any of the provisions of this Title may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this Title that is duplicated or paraphrased from the Map Act. A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified. B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for expiration of the map established by Section 21-20.150 (Expiration of Approved Tentative Map). Subdivision Design and Improvements 21.30 the following standards. Drainage easements shall be dedicated to the City and designed to Los Angeles County Plood Control District standards. 1. Offer of dedication. Drainage easements shall be offered for dedication. 2. Alignment of easements. The alignment of drainage easements should conform to the natural watercourse or to the alignment approved for the drainage system. 3. Width of easements. a. Natural channels. A drainage easement for a natural channel is required where determined to be necessary by the City Engineer. The width of drainage easements for natural channels shall be sufficient to include the 100 year flood high water marks, plus five feet on either side, but in no case less than 20 feet. b. Constructed channels. The minimum width of any drainage easement for a closed drainage conduit system shall be 10 feet and the minimum width for any open system shall be 20 feet. c. Service roads. For any drainage conduit exceeding 30 inches in diameter, or any open ditch with a top width exceeding 12 feet, a 12 -foot service road shall be improved within the drainage easement and dedicated to the City. 4. Downstream property. Where a subdivision causes an increase in and the unnatural concentration of surface waters onto adjacent private or public property, the subdivider shall design the system to mitigate the anticipated increases, or shall obtain an easement for drainage purposes across the property of sufficient width and shall improve the easement in a manner adequate to convey the runoff to a point of disposal approved by the review authority based on the recommendation of the City Engineer. 21-30.170 - Traffic Safety Devices Traffic control and safety devices shall be installed by the subdivider during subdivision construction as required by the review authority, to promote traffic control and safety both during construction, and after occupancy of the subdivision. Traffic control and safety devices shall include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals, as determined to be necessary by the review authority. Street name signs shall be installed at all public, private and public/private intersections in compliance with Section 21-30.150 (Street Names). 21.30.180 - Water Supply Water mains and services shall be installed to serve each lot in a proposed subdivision and connected ' to the facilities of the Walnut Valley Municipal Water District, If any part of the water system is to be installed within a street right-of-way, the system location, including Improvement Plans and Agreements 21.34 2. Agreement by sureties. The sureties agree in writing to extend for the additional period of time - at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount. 3. Council action. The Council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest. E. Acceptance of improvements. Before acceptance for maintenance or final approval by the Council of subdivision improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications. Parcel Maps and Final Maps 21.22 2. Each parcel created by the division has a gross area of 20 acres or more and has approved access to a maintained public street; or 3. The parcel(s) have approved access to a public street which comprises part of a tract of land zoned for industrial or commercial development, and which has City approval for street alignments or width; or 4. Each parcel has a minimum gross area of 40 acres, or is not less than a quarter of a quarter Section; or 5. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act Section 66418.2. B. Application processing and approval. A request for waiver of Parcel Map shall be submitted with the Tentative Map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the Tentative Map application. The Council may grant a requested waiver if; The proposed Tentative Map satisfies all findings required for approval by Section 21.20.080 (Tentative Map Approval or Disapproval); and 2. The proposed subdivision complies with all applicable requirements of the Map Act and this Title as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection. C. Expiration of waiver. An approved waiver of Parcel Map shall be subject to the same time limits and opportunities for extension of time as the accompanying Tentative ,Map, in compliance with Sections 21.20-150 (Expiration of Approved Tentative Map) and 21.20.160 (Extensions of Time for Tentative Maps), and Subsection D. of this Section, following. D. Completion of subdivision. A subdivision for which a Parcel Map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this Section. 1. Preparation and filing of certificate. The subdivider shall submit an application for a certificate of completion to the City Engineer for review and approval, including the following information. a. A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion. b, A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the Subdivision Map Approval Requirements 21.03 B. Cellular antenna facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, Use Permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment. C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code. D. Commercial/ industrial financing or leases. The financing or leasing of: 1 - Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or 2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article 11 of the Development Code (Zoning Districts and Allowable Land Uses) requires a Use Permit for the project, or Chapter 22.48 of the Development Code requires Development Review. E. Condominium conversions. The conversion of: 1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or 2. The conversion of certain mobile home parks to condominiums as provided by Map Act Section 66428(b). F. Lot Line Adj ustments. A Lot Line Adjustment processed in compliance with Chapter 21.26. G Mineral leases. Mineral, oil or gas leases. H. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days'notice in writing) of a portion of the operating right-of-way of a -railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Title to the short-term lease. Dedications and Exactions 21.32 E. Criteria -for requiring dedication and fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, as follows: 1. Determination of land or fee. Whether the City accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: a. The Resource Management Element of the General Plan, City-wide Comprehensive Parks Mastef Plan, and any applicable Specific Plans, and the compatibility of dedication with those plans; b. Topography, geology, access, size, shape and the location of land in the subdivision available for dedication; c. Feasibility of dedication; and d. Availability of previously acquired park property. 2. Fees only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50. 3. Procedure for determining land or fee. The review authority shall determine whether the subdivider shall dedicate land, pay in -lieu fees, or provide a combination of both, at the time of Tentative Map approval. The determination of the review authority shall be based on a report and recommendation from the Director. The recommendation by the Director and the action of the review authority shall consider the factors in Subsection E.1 above, and shall include the following: a. The amount of land required; b. Whether a fee shall be charged in lieu of land; c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities; d. The location and suitability of the park land to be dedicated or use of in -lieu fees; and e. The approximate time when development of the park or recreation facility shall commence. The determination of the City as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive, Surveys and Monuments 2 1.36 surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act. The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 21.34.040 (Improvement Agreements and Security). If requested, this amount of the bond may be released upon verification of the setting of the monuments by the City Engineer. H. , Inspection and approval. All monuments shall be subject to the inspection and approval of the City Engineer. 21.36.040 - Survey Information on Final or Parcel Map. The following survey information shall be shown on each Final Map or Parcel Map for which a field survey was made in compliance with this Title. A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision; B. Comers of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation; C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty; D. The location and description of any required monuments to be set after recordation of the Final Map, and the statement that they are "to be set"; E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance; F. Length, radius and angle of each curve and the bearing of each radial line to each lot comer on each curve; G The centerlines of any street or alley in or adjoining the subdivision which have been established by the City Engineer, together with reference to a field book or map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated; H. Any other survey data or information as may be required to be shown by the City Engineer or by the provisions of this Chapter. Tentative Map Filing and Processing 21.20 21.20.120 - Completion of Subdivision Process A. Compliance with conditions, improvement plans. After approval of a Tentative Map pursuant to this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter 21.34 (Improvement Plans and Agreements, Dedications), before constructing any required improvements. B. Parcel or Final Map preparation, filing and recordation. 1 A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 21.22-030 (Waiver of Parcel Map). 2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 21.22 (Parcel Maps and Final Maps), to complete the subdivision. 21.20.130 - Vesting Tentative Maps This Section establishes procedures to implement the Vesting Tentative Map requirements of state law, Sections 66498.1 et seq, of the Map Act. A. Applicability. Whenever this Title requires that a Tentative Map be filed, a Vesting Tentative Map may instead be filed, provided that the Vesting Tentative Map is prepared, filed and processed in compliance with this Section. A Vesting Tentative Map may be filed for either residential, commercial or industrial developments. B. Procedures for processing a Vesting Tentative Map. A Vesting Tentative Map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this Chapter as a Tentative Map, except as follows. 1. Application content. The Vesting Tentative Map shall include the following information in addition to that required by Section 21.20.020 (Tentative Map Preparation, Contents): a. Title. The Vesting Tentative Map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face; and b. Intended development. The Vesting Tentative Map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision. Contents 21.26.030 - Adjustment Application and Processing U-27 21.26.040 - Approval or Denial of Adjustment 11-28 21.26.050 - Completion of Adjustment H-28 Chapter 21.28 - Certificates of Compliance II -31 21.28.010 - Purpose of Chapter II -31 21.28.020 - Applicability 11-31 21.28.030 - Application Contents H-31 21.28.040 - Review and Approval 111-31 21.28.050 - Conditional Certificates of Compliance U-32 Subdivision Design and Improvements 21.30 Improvement Plans and Agreements 21.34 Description of improvements. A description of all improvements to be competed by the subdivider, with reference to the approved subdivision improvement plans. 2. Time limit for construction. The period within which all required improvements willbecompleted-tothesatisfactionoftheCityEn-'-g"meer.-'--- 3. Completion by City. Provide that if the subdivider fails to compete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. 4. Surety requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in Subsection B. of this Section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 21.34.020.13 and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate. 5. Phased construction. Provisions for the construction of improvements in units, at the option of the subdivider. 6. Time extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of Subsection D. following. 7. Progress payments or partial release. Provide for progress payments from surety deposits, or partial release of the surety filed to ensure faithful performance of the contract, at the option of the subdivider, in compliance with the requirements of Subsection C. following; provided that no progress payment or partial release shall be construed to be acceptance by the City of any portion of the required improvements or any defective work or improper materials. B. Security required to guarantee improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the City Attorney, as follows: 1. Type of security. Subdivision improvement agreements shall be secured by all of the following: a. A guarantee for "Faithful Performance," in the amount of 100 percent of the engineer's estimate; and Tentative Map Filing and Processing 21.20 21.20.150 - Extensions of Time for Tentative Maps When a subdivider has not completed all Tentative Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Section 21-20-140, time extensions may be granted in compliance with this Section. Extension requests shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee. A. Tentative Maps. The Council may grant extensions to the initial time limit up to a maximum total of three years, only after finding that: 1 . There have been no changes to the provisions of the General Plan, any applicable Specific Plan, this Title, or the Development Code applicable to the project since the approval of the Tentative Map; 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project; and 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. B. Tentative Maps with multiple Final Maps. Where a subdivider is required to expend more than $125,000 on improvements as specified in Map Act Section 66452.6 and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the approval of the Tentative Map more than 10 years from its approval. C. Vesting Tentative Maps. The Council may grant extensions for a maximum total of three years to the initial time limit in compliance with Subsection A. of this Section. 21. 20.160 - Applications Deemed Approved Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of the Development Code (Title 22 of the Municipal Code), which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Map filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of the Development Code and the Map Act, including, but not limited to Map Act Sections 66473, 66473.5 and 66474. Subdivision Map Approval Requirements 21.03 C. Approval of exception. The Council shall not grant an exception unless all the following findings are first made: 1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings; 2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Title; 3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision; 4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and 5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan. In granting an exception, the review authority shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health., safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA. 21.03.060 - Application Fees The Council shall, by resolution, establish a schedule of fees for the subdivision applications required by this Title. The schedule of fees may be changed or modified from time -to -time by resolution of the Council. The City's processing fees are cumulative. For example, if an application for a Lot Line Adjustment also requires a Variance in compliance with Title 22 of the Municipal Code (Development Code), both fees will be charged. Processing shall not commence on any application until all required fees/deposits have been paid. Dedications and Exactions 21.32 F. Suitability of -land to -he dedicated. Each park site proposed for dedication in compliance with this Section shall be physically suited for the intended use. 1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating, the area of the park site provided in compliance with this Section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline. 2. Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the City. Land which has an average slope of more than three percent may be counted as part of the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 3-1. Greater credit for sites in excess of three percent slope may be granted where the review authority determines that a site contains an exceptional visual, biotic, or other natural resource. TABLE 3-1 CREDIT FOR DEDICATION BASED ON SLOPE Park Site Slope Credit Against Park Obligation 0 to 3%100% 3.1 to 10%87% 10.1 to 20%56% Over 20%10% 3. If the Council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with Subsection D., above. G. Conveyance of land, payment of fees. Real property being dedicated for park purposes shall be conveyed by the Parcel or Final Map in fee simple absolute, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The amount of required fees shall be deposited with the City at the time of submittal of a Parcel or Final Map. The fees shall be held by the City until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land. CHAPTER 21.36 - SURVEYS AND MONUMENTS Sections: 21.36.010 - Purpose of Chapter 21.36.020 - Survey Procedure and Practice 21.36.030 - Monuments 21.36.040 - Survey Information on Final or Parcel Map. 21.36.010 - Purpose of Chapter This Chapter provides requirements for subdivision survey work, and the placement of subdivision monuments. 21.36.020 - Survey Procedure and Practice The procedure and practice of all survey work done on any subdivision, whether for preparation of a Final Map or Parcel Map shall conform to the standard practices and principles of land surveying, the California Land Surveyor's Act, and the provisions of this Chapter. All related documents shall be executed by a California -registered civil engineer or licensed land surveyor. A. Traverse. The traverse of the exterior boundaries of the subdivision computed from field measurements of the ground must close within a limit of error of one foot to 10,000 feet of perimeter before balancing the survey. B. Field notes. When required by the City Engineer, the engineer or surveyor making the survey shall prepare complete field notes, in a form satisfactory to the City Engineer, showing references, ties, locations, elevations and other necessary data relating to monuments, set in compliance with these regulations, and shall submit the notes to the City Engineer to be indexed and retained as a part of the permanent public record of his office. C. System of coordinates. Whenever the City Engineer has established a system of coordinates which is within a reasonable distance of the subdivision boundary, as determined by the City Engineer, the field survey shall be tied into the system. 21.36.030 - Monuments In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a Parcel Map or Final Map, and for any Lot Line Adjustment unless waived by the City Engineer, in compliance with this Section. Tentative Map Filing and Processing 21.20 Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal,and -public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development; 2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA; 3. Carry out the specific requirements of Chapters 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of this Title; 4. Secure compliance with the requirements of this Title and the General Plan; and 5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with this Title. 6. Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the General Plan; B. Optional conditions. The review authority may also require as conditions of approval: L The waiver of direct access rights to any existing or proposed streets; 2. The reservation of sites for public facilities, including fire stations, libraries, and other public uses in compliance with Map Act Chapter 4, Article 4; 3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or 4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or state -law. 21.20.100 - Effective Date of Tentative Map Approval The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Council, Tentative Map Filing and Processing 21.20 of all persons who axe shown on -the latest Los Angeles County equalized assessment role as owners of the site proposed for subdivision, and all real property within a distance of .500 feet from the exterior boundaries of the site. The subdivider shall also file a map, in the form required by the Department, showing the location of each ownership represented on the list of owners. C. Referral to affected agencies. In addition to the procedures outlined in Chapter 22.44 (Applications, Processing, and Fees) of the Development Code, a Tentative Map application shall be referred to the agencies outlined in this Subsection as required by the Map Act, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision, or may have information useful to the City about issues raised by the proposed subdivision. 1. Time limits for referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete in compliance with Section 22.44.050 (Irdtial Application Review - Completeness Review) of the Development Code. An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application. 2. Required referrals. The Director shall refer Tentative Map applications for review and comment to each of the following agencies, which will be expected to provide service to the proposed subdivision. a. Caltrans. The California Department of Transportation shall be referred any Tentative Map located within an area shown on a territorial map filed with the City in compliance with Map Act Section 66455. b. Fire Department. The Fire Department shall be referred any Tentative Map, Conditional Certificate of Compliance, or Lot Line Adjustment. c. Other cities and local agencies. Other cities and other local agencies, shall be referred any Tentative Map or Conditional Certificate of Compliance application that is located within the area shown on a territorial map filed with the City in compliance with Map Act Section 66453, and within three miles of their official boundaries. d. Public utilities, water and sewer agencies. Public utility companies and other service agencies which will be expected to provided service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any Tentative Map or Conditional Certificate of Compliance within their respective jurisdictions. g. Public Works Department. The Public Works Department shall be referred all Tentative Maps, Conditional Certificates of Compliance, and Lot Line Dedications and Exactions B. Applicability. 21.32 1. Land dedication and/or fee payment required. As a condition of Tentative Map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this Section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. 2. Exemptions. The provisions of this Section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivisions exempted by Map Act Section 66477. C. Amount of parkland required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula: X = .005(UP) Where: X Amount of parkland required, in acres. U Total number of approved dwelling units in the subdivision. P 3.4 for attached single-family dwellings; 2.9 for attached single-family (townhouse) dwellings, duplexes, and multifamily dwellings containing four or fewer dwelling units; 2.1 for multi -family dwellings containing five or more unit; and 2.0 for mobile homes. D. Formula for fees in lieu of land. If the entire parkland obligation for a proposed resi 'dentia) subdivision is not satisfied by dedication in compliance with Subsection C. above, the subdivider shall pay a fee to the City in lieu of dedication, as a condition of Tentative Map approval. The fee shall equal the parkland obligation derived from the formula in Subsection C., less the amount of parkland, if any, offered for dedication by the subdivider, times the average per -acre fair market value for the appropriate park planning area. For purposes of determining the required fee, the term "fair market value" shall mean the market value of the land as determined by the staff of the City, and approved by the Conunission or Council, prior to or at Tentative Map approval. If the subdivider ob'ects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions ofthe City as to fair market value shall be final and conclusive, Improvement Plans and Agreements 21.34 D. Effect of approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed. 21.34.030 - Installation of Improvements Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see Section 21.30.020.B) shall be installed as provided by this Section. A. Timing of improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with Section 21.34.020, and before the approval of a Parcel or Final Map in compliance with Sections 21.22.060 (Parcel Map Approval) or 21.22.100 (Final Map Approval), except where; Improvements are deferred in compliance with Section 21.34.040 (Improvement Agreements and Security); or 2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required; a. Only when a permit for development of an affected parcel is issued by the Department; or b. At the time the construction of the improvements is required in compliance with an agreement between the'subdivider and the City, as set forth in Section 21.34.040 (Improvement Agreements and Security); or c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area. B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required. Tentative Map Filing and Processing 21.20 2. Findings for approval. The approval of a Vesting Tentative Map shall not be granted unless the review authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for Tentative Map approval by Section 21.20.080 (Tentative Map Approval or Disapproval) C. Expiration of Vesting Tentative Map. An approved Vesting Tentative Map shall be subject to the same time limits for expiration -as are established for Tentative Maps by Sections 21.20-140 et seq. (Tentative Map Time Limits). D. Changes to approved map or conditions. The subdivider may apply for an amendment to the Vesting Tentative Map or conditions of approval at any time before the expiration of the Vesting Tentative Map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this Section and pursuant to the provisions of the Subdivision Map Act Section 66498.2. E. Development rights vested. The approval of a Vesting Tentative Map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) as provided in Map Act Section 66498.1. 2. If Map Act Section 66498.1 is repealed, approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the map is approved or conditionally approved. 3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that; 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; or b. The condition or denial is required, in order to comply with state or federal law. 4. Fees charged for building or land use permits, filed after the approval of a Vesting Tentative Map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees" etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed. ARTICLE II Subdivision Review Procedures Chapter 21.20 - Tentative Map Filing and Processing11-3 21.20.010 - Puli)ose of ChapterII-3 21.20.020 - Tentative Map Preparation, Application ContentsU-3 21-20.030 - Tentative Map Filing, Initial ProcessingII-3 21.20.040 - Evaluation of ApplicationIi-5 21-20.050 - Commission Review and Decision11-5 21-20.060 - Council Review and DecisionII-6 21.20.070 - Tentative Map Public HearingsII-6 21.20.080 - Tentative Map Approval or DisapprovalII-7 21.20.090 - Conditions of ApprovalII-8 21.20.100 - Effective Date of Tentative Map ApprovalII-9 21.20.110 - Changes to Approved Tentative Map or ConditionsU-10 21.20.120 - Completion of Subdivision Process11-11 21-20-130 - Vesting Tentative MapsIII-11 21-20.140 - Expiration of Approved Tentative MapU-13 21.20.150 - Extensions of Time for Tentative MapsII-14 21.20.160 - Applications Deemed Approved11-14 Chapter 21.22 - Parcel Maps and Final MapsII-15 21.22.010 - Purpose of ChapterH-15 21-22-020 - Parcel MapsII-15 21.22.030 - Waiver of Parcel MapII-15 21-22-040 - Parcel Map Form and ContentH-18 21-22.050 - Filing and Processing of Parcel MapsII-18 21-22-060 - Parcel Map ApprovalH-18 21.22.070 - Final MapsII-18 21-22.080 - Final Map Form and ContentII-19 21-22.090 - Filing and Processing of Final Maps11-19 21.22.100 - Final Map ApprovalH-19 21.22.110 - Supplemental Information SheetsII-20 21-22.120 - Recordation of MapsII-21 21-22.130 - Amendments to Recorded MapsII-21 Chapter 21.24 - Condominiums and Condominium ConversionII-23 21.24.010 - Purpose of ChapterII-23 21.24.020 - Condom iniumsII-23 21.24-030 - Condominium Conversion sII-23 Chapter 21.26 - Lot Line AdjustmentsII-27 21.26.010 - Purpose of ChapterII-27 21.26.020-- ApplicabilityII-27 Dedications -and -Exactions 21-32 Plan, City-wide Comprehensive Parks Master Plan, applicable Specific Plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways. Improvement Plans and Agreements 21.34 b. A guarantee for "Materials and Labor," in the amount of 100 percent of the engineer's estimate. 2. Form of security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in Subsection B.1 above. a. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable' bonds of the kind approved for securing deposits of public moneys. b. A bond or bonds executed by one or more duly authorized corporate sureties; c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution; d. A lien upon the property to be divided, created by contract between the owner and the City, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the Map, or e. Any form of security, including security interests in real property, which is acceptable to the local agency. C. Progress payments or partial release. No progress payment or partial release of the surety filed to ensure faithful performance of the contract shall be made except when the City Engineer has certified that the work required to qualify for payment or release has been satisfactorily competed and the payment or release has also been approved by the Council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements. D. Time extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the Council only as follows; Public Works report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension. Tentative Map Filing and Processing 21.20 B. Distribution of staff report. The staff report on the Tentative Map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Chapter 21.24) at least 3 days before any hearing or action on the Tentative Map by the Commission or Council. 21.20.080 - Tentative Map Approval or Disapproval In order to approve a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the City shall apply only those ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with Section 21.20.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, Specific Plan or Development Code changes, and provided public notice as required by Map Act Section 66474.2. A. Required findings for approval. The Commission may recommend approval, and the Council may approve a Tentative Map, only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable Specific Plan, and that none of the findings for disapproval in Subsection C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6. B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal. Construction of improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the Parcel Map, where road improvements are required. 2. Condominiums. Any applicable findings required by Section 21.24.030 for condominium conversions. 3. Dedications or exactions. Any applicable findings required by Section 21.32.030 (Findings Required for Dedications or Exactions), if dedications or exactions are required. 4. Waiver of Parcel Map. The findings required by Section 21.22.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application. Tentative Map Filing and Processing 21.20 2. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any Specific Plan, and the Map Act. The Commission's evaluation shall be based on the staff report (Section 21.20.040), information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received. B. Recommendations to Council. Within 50 days of the Tentative Map application being deemed complete, the Commission shall determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and shall recommend to the Council the approval, approval with specified conditions, or disapproval of the Tentative Map. Any recommended conditions of approval shall comply with Section 21-20.090 (Conditions of Approval). 21.20.060 - Council Review and Decision After receiving a recommendation on a Tentative Map from the Commission, the Council shall; A. Conduct a public hearing on a proposed Tentative Map in compliance with Section 21.20.070 (Tentative Map Public Hearings), and consider the recommendations of the Commission and any public testimony; and B. Within 30 days after the filing of the report and reconunendation of the Commission with the Council, approve, conditionally approve or disapprove the Tentative Map. Approval or conditional approval of a Tentative Map shall be granted only after the Council has first made all findings required by Section 21-20.080 (Tentative Map Approval or Disapproval). The Council may impose conditions of approval in compliance with Section 21-20.090 (Conditions of Approval). 21.20.070 - Tentative Map Public Hearings When a public hearing is required by this Title for a Tentative Map, the hearing shall be scheduled and conducted in compliance with this Section, in addition to public notice being provided in compliance with Chapter 22.72 (Public Hearings) of the Development Code. A. Scheduling of hearing, action. A public hearing on a Tentative Map shall be scheduled and action shall be taken, within the following time limits. A public hearing on a Tentative Map shall be scheduled and action shall be taken with 50 days after the Tentative Map application has been deemed complete. A hearing by the Council shall be scheduled within 30 days after the filing of the Commission report and recommendation on a Tentative Map with the Council, or within 30 days after the certification of an environmental impact report, adoption of a negative declaration, or a determination by the City that the project is@exempt from the requirements of CEQA, whichever is later. Dedications and Exactions 21.32 4. Formula for land and fees. When both land dedication and fee payment are required, they shall be subject to the following formula; a. When only a portion of the land to be subdivided is proposed in the Resource Management Element, City-wide Comprehensive Parks Master Plan, or applicable Specific Plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by Subsection D. shall be paid for any additional land that -would have been required to be dedicated by Subsection C. b. When a major part of the local park or recreational site has been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by Subsection D. shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by Subsection C. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision. 5. Credit for improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land. 6. Credit for private recreation or open space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the'review authority finds all of the following; a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space; b. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyances, or restrictions; c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City; d. The proposed private open space is usable for active recreation; and e. Facilities proposed for the open space are in substantial compliance with the provisions of the Resource Management Element and City-wide Comprehensive Parks Master Plan. Dedications and Exactions 21-32 Tentative -Map Filing and Processing 21.20 21.20.110 - Changes to Approved Tentative Map or Conditions A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 21.22.140 (Amendments to Recorded Maps). A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. Other changes shall require the filing and processing of a new Tentative Map. B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information: 1. A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and 2. Any additional information deemed appropriate by the Department. C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed in the same manner as the original Tentative Map, except as otherwise provided by this Section. D. Tindings for approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 21.20.080.A and B. can still be made: 1 - There was a material mistake of fact in the deliberations leading to the original approval; 2. There has been a change of circumstances related to the original approval; and I A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Title. E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 21-20.150 (Expiration of Approved Tentative me I CHAPTER 21.20 - TENTATIVE MAP FILING AND PROCESSING Sections: 21.20.010 - Purpose of Chapter 21.20.020 - Tentative Map Preparation, Application Contents 21.20.030 - Tentative Map Filing, Initial Processing 21.20.040 - Evaluation of Application 21.20.050 - Commission Review and Decision 21.20-060 - Council Review and Decision 21.20.070 - Tentative Map Public Hearings 21.20.080 - Tentative Map Approval or Disapproval 21-20-090 - Conditions of Approval 21.20.100 - Effective Date of Tentative Map Approval 21.20.1 1 0 - Changes to Approved Tentative Map or Conditions 21.20-120 - Completion of Subdivision Process 21.20.130 - Vesting Tentative Maps 21-20.140 - Expiration of Approved Tentative Map 21.20-150 - Extensions of Time for Tentative Maps 21.20-160 - Applications Deemed Approved 21.20.010 - Purpose of Chapter This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act. 21.20.020 - Tentative Map Preparation, Application Contents Tentative Map submittal shall include the application forms, and all information and other materials prepared as required by the Department. 21.20.030 - Tentative Map Filing, Initial Processing A. General filing and processing requirements. Tentative Map applications shall be submitted to the Department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Chapter 22.44 (Applications, Processing, and Fees) of the Development Code. B. Property owner list. In addition to the information and materials required for a Tentative Map application by Subsection A., above, the subdivider shall file a list, certified to be correct by an affidavit or by a statement made under penalty of perjury in compliance with Code of Civil Procedure Section 2015.5, of the names and addresses CHAPTER 21.34 - IMPROVEMENT PLANS AND AGREEMENTS Sections: 21.34.010 - Purpose of Chapter 21.34.020 - Improvement Plans 21.34.030 - Installation of Improvements 21-34-040 - Improvement Agreements and Security 21.34.010 - Purpose of Chapter This Chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications. 21.34.020 - Improvement Plans After the approval of a Tentative Map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like. Before the construction of any improvements, the subdivider shall submit plans to the City as follows: A. Preparation and content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information: 1 - Any drawings, specifications, calculations, design reports and other information required by the City Engineer; 2. Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and 3. The improvement plan/specification checking and construction inspection fees required by the City Fee Resolution. B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subsection C. following, the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements, based on guidelines provided by the City. C. Review and approval. Improvement plans shall be reviewed and approved by the City Engineer, within the time limits provided by Map Act Section 66456-2. Improvement Plans and Agreements 2. Inspection procedures. 21-34 a. Inspections -required. The City Engineer shall make any inspections as he/she deems necessary to ensure that all -construction complies with the approved improvement plans. Where required by the City Engineer,. the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services -determined to be necessary by the City Engineer. b. Access to site and materials. The City Engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans. c. Authority for approval. The work done and all materials furnished shall be subject to the inspection and approval of the City Engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed. d. Improper work or materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the City Engineer. In the event that the City Engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title. 3. Notification. The subdivider shall notify the City Engineer upon the completion of each stage of construction as outlined in this Chapter, and shall not proceed with further construction until authorized by the City Engineer. 21.34.040 - Improvement Agreements and Security A subdivider may file a Parcel or Final Map before completion of all the improvements required by this Title and conditions of approval of the Tentative Map, only when the subdivider first obtains Council approval of a subdivision improvement agreement executed and submitted for Council review by the subdivider, and provides the City performance security as required by this Section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. A. Contents of improvement agreement. A subdivision improvement agreement shall be submitted on the a form provided by the City Engineer and approved by the City Attorney and shall include the following provisions. Tentative Map Filing and Processing 21.20 Adjustments, for review and-conunent regarding proposed easements, public improvements, streets, and other relevant issues. h. School districts. Tentative Maps shall be referred to the governing board of any elementary, middle school, high school, or unified school district within which the property to be subdivided is located. State Department of Education. The State Department of Education shall be notified of any Tentative Map that includes a proposed public school site. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the Department, the City shall presume that no recommendations or comments are forthcoming. 21.20.040 - Evaluation of Application After completion of the initial processing and the application being deemed complete in compliance with Section 22.44.050 of the Development Code, the Director shall: A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Title, the Development Code, the General Plan, any applicable Specific Plan, and the Map Act; B. Determine the extent to which the proposed subdivision complies with the findings in Section 21.20.080 (Tentative Map Approval or Disapproval), and recommend to the Commission the approval, approval with specified conditions, or disapproval of the Tentative Map application; and C Prepare a staff report to the Conu-nission in compliance with Section 21.20-070 (Tentative Map Public Hearings), describing the conclusions of the Director's evaluation, and providing recommendations for Commission approval or disapproval of the proposed subdivision. 21.20.050 - Commission Review and Decision After review of a Tentative Map application by the Director, (Section 21.20.040, above), the Commission shall be responsible for the following: A. Hearing and review. The Commission shall: Conduct a public hearing on a proposed Tentative Map, and shall consider the Director's recommendations, and any agency providing comments on the Tentative Map in compliance with Section 21.20.030.0 (Tentative Map Filing, h-dtial Processing). The public hearing shall be scheduled and notice provided in compliance with Section 21,20,070 (Tentative Map Public Hearings); and Tentative Map Filing and Processing 21.20 C. Findings requiring disapproval. A Tentative Map shall be denied if the Council makes any of the following findings: 1. Theproposed su bd ivision includ i ngdesig na nd i mprovementsisnotconsistent with the General Plan or any applicable Specific Plan; 2. The site is not physically suitable for the type or proposed density of development; 3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat; 4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems; 5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made is the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; 6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the Califorra'a Regional Water Quality Control Board; 7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer or Council that the conditions can -be corrected in the plan for the development; or 8. The proposed subdivision is not consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. 21.20.090 - Conditions of Approval Along with the approval of a Tentative Map, the adoption of conditions of approval shall occur in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act. A. Mandatory conditions. The review authority shall adopt conditions of approval that will: Dedications and Exactions 21.32 H. Use of collected fees: Fees collected in compliance with this Section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the - subdivision. 21.32.050 - Right -of -Way Dedications A. Offers of dedication required. As a condition of Tentative Map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements. B . Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters' rights, in compliance with the City's Development Improvement Standards, Requirements, and Guidelines. C. Rights-of-way, generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a City -maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. D. Bicycle paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision. E. Transit f acuities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if: The subdivision as shown on the Tentative Map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and 2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision. F. Alternative transportation systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General