Chapter 9.2 Subdivision Ordinance Application and Responsibilities

9.2.10 Purpose of this Chapter

This Chapter establishes the applicability of, and procedural responsibilities for, the Subdivision Ordinance of the City of La Habra Heights.

9.2.20 General Requirements

All new Subdivisions and Lot Line Adjustments must adhere to the following performance standards related to the maintenance of community and neighborhood character, privacy, and views:

A.    Maintenance of Community and Neighborhood Character. The Subdivision or Lot Line Adjustment shall maintain community and neighborhood character, views and neighbor privacy.

B.    Minimizing Environmental Impact. The Subdivision or Lot Line Adjustment shall have a minimal impact on natural terrain, hydrologic character and natural surroundings including ridgelines.

C.    Natural Setting. Future development that may occur as part of the Subdivision or Lot Line Adjustment shall blend in with, and conform to, the natural setting.

D.    Conformance with the General Plan and any Applicable Specific Plan. The Subdivision or Lot Line Adjustment shall conform to the City of La Habra Heights General Plan and any applicable specific plan requirements.

E.    Infrastructure. The Subdivision or Lot Line Adjustment shall consider the required infrastructure including, but not limited to, access roads, driveways, sewers and wastewater treatment facilities, storm water drainage, and other utilities and must demonstrate that the infrastructure needs can be met consistent with existing community and neighborhood character.

F.    Avoidance of Impacts. The Subdivision or Lot Line Adjustment shall be designed to avoid significant impacts pursuant to the local and State environmental requirements.

G.    Drainage. The Subdivision or Lot Line Adjustment shall not adversely alter nor interrupt existing drainage patterns and/or watercourses.

H.    Multiple Lot Design. The Subdivision or Lot Line Adjustment shall be planned and configured to conform to multiple lot development standards provided in Article 7 so as to avoid the uniformity typically seen in conventional tract development.

I.    No Variances or Modifications Allowed. The parcels resulting from Subdivision or Lot Line Adjustment shall be planned and configured to conform with La Habra Heights Development Code without recourse to a Standards Modification or Variance as prescribed Article 7.

9.2.30 Application

The regulations of this chapter apply to all subdivisions within the City of La Habra Heights and to the preparation of subdivision maps and to other maps required by the Subdivision Map Act. Each subdivision in the City shall be made and each map shall be prepared and presented for approval as provided for and required by this Chapter. This Chapter does not apply to:

A.    Mineral, oil or gas leases.

B.    Land dedicated for cemetery purposes under the State Health and Safety Code.

C.    A lot line adjustment between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the City.

D.    Any separate assessment under Section 2188.7 of the State Revenue & Taxation Code for community apartment or cooperative housing projects.

E.    The leasing of land for agricultural purposes, cultivation or pasturing of livestock.

F.    The leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which is subject to discretionary action by the City.

9.2.40 Modification of Requirements of this Chapter

Whenever, in the opinion of the Planning Commission, the land in any subdivision is of a size or shape or is subject to title limitations of record, or is affected by topographical location or conditions or is to be devoted to a use such that is impossible or impracticable in the particular case for the subdivider to fully conform to the regulations of this Chapter, the Planning Commission may make modifications that are reasonably necessary or expedient in conformity with the Subdivision Map Act. For subdivisions of four (4) or fewer units the authority to modify resides with the Community Development Director.

9.2.50 Responsibilities

This Section designates responsibilities for implementing and approving a Subdivision.

A.    Community Development Director. The Community Development Director is responsible for:

1.    Processing all maps and collecting all required deposits and fees.

2.    Managing the Community Development Department in carrying out the responsibilities imposed upon it by this Article, including, but not limited to, direction to and review of City Landscape Architect analysis of plans and/or directing review of any portion of the proposed project by other appropriate professionals to verify conformance to this Code or to address specific health and safety concerns.

3.    Investigating proposed subdivisions for conformance with the General Plan, Specific Plans and Zoning Ordinance of the City, and reporting findings and recommendations for approval or conditional approval where required.

4.    Stating, as Secretary of the Planning Commission, that the Planning Commission has approved, conditionally approved or denied any Tentative Map.

5.    Approving Parcel Maps for subdivisions resulting in fewer than five (5) parcels, unless such subdivision is sent to the Planning Commission.

6.    The discretionary waiver of required contents of the map and application materials.

B.    City Engineer. The City Engineer shall be responsible for:

1.    Establishing design and construction details, standards and specifications.

2.    Determining if the proposed subdivision improvements comply with the development provisions of this Article and the Subdivision Map Act.

3.    Reporting findings and recommendations for approval, or conditional approval, of the Tentative Map to the Community Development Director for any subdivision.

4.    Processing Final Maps, reversion to acreage maps and amended maps; processing and approving subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance.

5.    Examining and determining that Final Maps are in substantial conformance with the approved Tentative Map.

6.    Inspecting and approving subdivision improvements.

7.    Accepting dedications and improvements for any subdivision and offsite dedications located outside a subdivision boundary that require a separate grant deed.

8.    Recording any notice of completion of private subdivision improvements when such are not to be maintained by the City.

C.    City Attorney. The City Attorney shall be responsible for approving, as to form, all Subdivision Improvement Agreements.

D.    Planning Commission. The Planning Commission shall be responsible for approving, conditionally approving, or denying the Tentative Map for all subdivisions not adjudicated by the Community Development Director and reporting its action to the City Council, and for hearing appeals of map decisions made by the Community Development Director.

E.    City Council. The City Council shall have final jurisdiction over the approval of Final Maps, of any Subdivision Improvement Agreements and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City. The City Council shall act as the appeal board for hearing appeals of Planning Commission decisions on Tentative Maps.

9.2.60 Map Required

A Tentative or Vesting Tentative, and Final Map shall be required for all divisions of land unless expressly provided otherwise. The land before division must contain a minimum of two acres or more pursuant to Article 7.

9.2.70 Recording

Whenever a Tentative, Vesting Tentative or Final Map or any other document regarding the division of land pursuant to this Article is recorded with the County Recorder, the resolution or other writing issued by the City evidencing the approval of such document, including any conditions, shall also be recorded.

9.2.80 Lot Line Adjustments

Lot line adjustments are permitted so long as the following conditions are met:

A.    No additional parcels or building sites have been created, and the parcels can be developed without requiring a Variance or Standards Modification as described in Article 7.

B.    The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible.

C.    The adjustment conforms to Article 7 including provisions therein regarding minimum lot size, lot dimension or lot design, or any other applicable provision of this Code, and

D.    There is no resulting violation of the La Habra Heights Municipal Code.

9.2.90 Subdivision Process Responsibility Summary

The reviewing authority for subdivision applications shall be: the Community Development Director for lot line adjustments and for subdivisions that do not require a Tentative Map, the Planning Commission for Tentative and Vesting Tentative Maps, and the City Council, after a recommendation by the Planning Commission, for all other subdivisions.

9.2.100 Fees and Deposits

All persons submitting maps as required by this Article shall pay all fees and/or deposits as provided by the City’s resolution establishing fees and charges. The processing fees shall not exceed the actual cost to the City to administer the provisions of the Subdivision Map Act. A deposit that is to be applied towards this fee shall be required.