Chapter 14.02
GENERAL PROVISIONS
Sections:
14.02.040 Incorporation of Subdivision Map Act – Penalty for violation.
14.02.070 City council as advisory agency.
14.02.080 City council decision final.
14.02.090 Processing and filing fees.
14.02.010 Title.
This title may be cited as the Aliso Viejo subdivision code or the subdivision code. [Ord. 2010-126 § 1 (Exh. A)].
14.02.020 Purpose.
The purpose of this chapter is:
A. To provide regulations and control of the design and improvement of subdivisions in the city, in accordance with the Subdivision Map Act; and
B. To implement the city’s general plan; and
C. To provide regulations and controls, within the law, over the use of land in the city for the health, safety and welfare of present and future city residents; and
D. To provide a procedure for lot line adjustments and mergers for real property within the city. [Ord. 2010-126 § 1 (Exh. A)].
14.02.030 Definitions.
Unless otherwise defined in this title, words and phrases used in this title shall be deemed to have the same meaning applied to them in the Subdivision Map Act. The following definitions apply to the use of these terms for the purposes of this title:
Advisory Agency. The city council shall constitute the “advisory agency” as that term is used in the Subdivision Map Act, unless another entity or public official is authorized to make a determination under this title.
“City standards” means city standard plans and specifications as set forth in the subdivision manual.
“County” means the county of Orange.
“County clerk/county recorder” means the county clerk/county recorder of the county of Orange.
“County surveyor” means the county surveyor of the county of Orange.
“Cul-de-sac” means a dead-end street enlarged at its terminus, which provides an adequate turning radius for vehicular traffic at the closed end.
“Dead-end” means a street or way having only one outlet for vehicular traffic, but not terminating in a cul-de-sac.
“Director” means the city engineer, or his or her designee, or such other person designated by the city manager who holds the appropriate licenses or credentials required by the Subdivision Map Act.
“Final parcel map” means a map that is in substantial compliance with all or a portion of an approved tentative parcel map.
“Final tract map” means a map that is in substantial conformance with all or a portion of the approved tentative tract map. The term “final map” shall refer to either a final parcel map or a final tract map.
“Fire chief” means the fire chief for the Orange County fire authority.
“Lot line adjustment” means any division of land not requiring a subdivision tract map where adjustment is sought between two or more existing adjacent parcels, and where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.
“Merger” means a voluntary or mandatory consolidation of two contiguous parcels or units of land under common ownership pursuant to Chapter 14.26 AVMC.
“Remainder” means any portion of land that is not divided for the purpose of sale, lease, or financing, as designated by the subdivider.
“Subdivision manual” means the manual prepared by the director pursuant to AVMC 14.02.060 providing additional guidelines and requirements for compliance with the subdivision code. Until such a time as the city adopts a subdivision manual, the Orange County subdivision manual shall be used.
“Subdivision Map Act” means California Government Code Title 7, Division 2, Section 66410 et seq. [Ord. 2012-141 § 5; Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
14.02.040 Incorporation of Subdivision Map Act – Penalty for violation.
The provisions of the Subdivision Map Act, as they currently exist or are subsequently amended or superseded, are hereby incorporated herein by reference. A violation of any provision of the Subdivision Map Act shall constitute a violation of this code and may be cited as a violation of this section. [Ord. 2010-126 § 1 (Exh. A)].
14.02.050 Prohibitions.
A. It is unlawful to offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel of real property, or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof within a subdivision in the city until the subdivider has first complied with the requirements of the Subdivision Map Act and the subdivision code.
B. No officer or employee of the city or the city council shall issue a permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or the subdivision code unless a certificate of compliance has been issued and recorded for the property to be developed. [Ord. 2012-141 § 6; Ord. 2010-126 § 1 (Exh. A)].
14.02.060 Subdivision manual.
The director shall be responsible for enforcing the provisions of the subdivision code. The director shall formulate such rules, procedures, and interpretations as may be necessary or convenient to administer the subdivision code. Such rules, procedures and interpretations shall be referred to as the “Aliso Viejo subdivision manual” or the “subdivision manual.” The subdivision manual and any amendments thereto shall not be effective until they are approved by the city council. The subdivision manual shall be made available to the public, at a cost sufficient to pay for printing. [Ord. 2010-126 § 1 (Exh. A)].
14.02.070 City council as advisory agency.
The city council is designated as an advisory agency as that term is used in the Subdivision Map Act, and shall have the authority to impose requirements and conditions on, and to review and approve, conditionally approve, or disapprove tentative tract maps, tentative parcel maps, and certificates of compliance. [Ord. 2012-141 § 7; Ord. 2010-126 § 1 (Exh. A)].
14.02.080 City council decision final.
Where the city council is performing the functions of the advisory agency under this title, the city council’s decision shall be final and there shall be no separate right of appeal to the city council, and a final determination of the city council may be appealed to a court of competent jurisdiction in accordance with applicable provisions of the California Code of Civil Procedure. [Ord. 2012-141 § 8; Ord. 2010-126 § 1 (Exh. A)].
Cross-references: appeal procedures generally, Chapter 1.10 AVMC; zoning appeals and call-up review, AVMC 15.70.080.
14.02.090 Processing and filing fees.
Fees to recover costs incurred by the city in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this title shall be established by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A)].