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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 74-28 <br />October 7, 1974 <br />SUBJECT: Parcel Maps - Section 34-98 Exemption <br />REQUESTED BY: Planning Department <br />OPINION BY: James A. Withers,. City Attorney <br />BY: Richard E. Lay, Deputy City Attorney <br />.. QUESTION: May Santa Ana Municipal Code Section <br />34-98 be used to increase or decrease the <br />number of lots within a recorded subdivi- <br />sion as well as merely to realign the exist- <br />. ing property lines? <br />ANSWER: Yes. Nothing in the section as it currently <br />reads restricts its application to conve- <br />yances of property which do not result in a <br />change in the number of lots. However, Sec- <br />tion 34-98 does not operate to exempt the <br />land owner from filing a parcel map, but only <br />from filing a preliminary parcel map. <br />ANAT.YSTG <br />Section 34-98 of the Santa Ana Municipal Code reads <br />as follows: <br />"Sec. 34-98. Applicability of article - Areas <br />excluded. <br />The provisions of this article shall not have any <br />effect on or reference to an area included within <br />a recorded final map of subdivision into lots of <br />not more than twelve thousand (12,000) square feet." <br />The article referred to in this section is Article IV, <br />"Parcel Map" of Chapter 34, "Subdivision," of the city code. <br />Briefly summarized, this article applies in all cases of divi- <br />sion of real property which do not amount to "Subdivisions" <br />under the Subdivision Map Act (B. & P. Code Sections 11500 et <br />seq.Z. It requires the filing of both a "preliminary parcel map" <br />and a "parcel map" prior to any conveyance of property. It <br />applies the same definitions, design standards, and improvement <br />requirements to divisions of land not amounting to subdivisions <br />as are applied to subdivision pursuant to Chapter 34. <br />-75- <br />