La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
61 SUBDIVISIONS
§ 11.61.010 Adoption.
There is adopted as the subdivision ordinance of the city, Los Angeles County Ordinance No. 4478.
(Prior code § 11.12.010; Amended during 1997 codification)
§ 11.61.020 Purpose.
It is intended that these policies and procedures be utilized in conjunction with County Ordinance No. 4478, or otherwise referred to as the subdivision ordinance, adopted by the city of La Cañada Flintridge (Ordinance No. 11), April 4, 1977. The provisions of this chapter provide only basic policies and procedures and are not intended to replace the specific requirements of provisions of said subdivision ordinance.
(Ord. 40 § 1, 1978)
§ 11.61.030 Applicability.
This chapter shall supplement and its provisions shall apply in conjunction with the provisions of the State Subdivision Map Act and Los Angeles County Ordinance No. 4478. Where conflicts arise, the provisions of the State Map Act shall prevail over those of local ordinances and the provisions of this chapter shall prevail over the provisions of County Ordinance No. 4478.
(Ord. 40 § 1, 1978)
§ 11.61.040 Definitions.
The following amendments are made to the definitions included in County Ordinance No. 4478:
is used in the ordinance, it means the La Cañada Flintridge city planning commission.
is used in the ordinance, it means the La Cañada Flintridge city planner.
shall be used synonymously with the term "minor subdivision."
(Ord. 40 § 1, 1978)
§ 11.61.050 Lot line adjustment.
A lot line adjustment between two or more adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created shall not be considered a subdivision, resubdivision, minor subdivision or reversion to acreage. Minor lot line adjustments may be granted where the following conditions prevail:
A.
The lot line adjustment(s) will not create an undersized lot subject to and as prescribed by provisions of the zoning ordinance;
B.
Written notice of affected property owners authorizes the lot line adjustment(s); and
C.
The planning commission approves the lot line adjustment(s) by resolution.
(Ord. 40 § 1, 1978)
§ 11.61.060 Subdivisions.
The procedures for filing a subdivision shall be as follows:
A.
Environmental Documents. Prior to the submittal of a tentative map application, a project applicant shall submit data necessary to comply with the California Environmental Quality Act.
1.
The city planner may request submission of a conceptual subdivision plan, project description, environmental assessment and such other information as deemed necessary in order to make a determination on a project's environmental status.
2.
Should the city planner or planning commission determine that a negative declaration or environmental impact report is required, an application for a tentative map shall not be accepted for processing until the required environmental document has been prepared. The required environmental document shall be reviewed by the decision-making body prior to any action taken on the subdivision.
B.
Submittal of Tentative Maps. Upon completion of required environmental documents, a subdivider may submit to the city planner as many copies of a tentative map as required by the city planner along with any required filing fees. The tentative map shall be distributed to the subdivision committee for review and report subject to Sections 96 and 97 of LACC Ordinance 4478.
C.
Public Hearing. The city planner shall schedule a public hearing before the planning commission no sooner than 30 and no later than 50 days after the date the tentative map was accepted for processing. Any extension of time beyond the limits established above shall be by mutual consent of the applicant and the planning commission.
1.
Notification of the public hearing shall be provided at least ten days before the hearing. Such notice including the time and place of such hearing shall be given by publication once in a newspaper of general circulation published and circulated in the city and by mailing first class postage prepaid to all persons whose names and addresses appear on the latest adopted tax roll of the county as owning property within a distance of 300 feet from the exterior boundaries of the area actually occupied by the proposed project.
D.
Planning Commission Action on Tentative Map. Upon review of all preliminary information and after action has been taken on environmental documents, the commission shall consider the tentative map, and shall either approve, conditionally approve or disapprove the map, or any other conditions precedent thereto and such improvements as may be required, and shall report such action in writing to the subdivider, the city engineer and such agencies as may request to be notified. Any application for modification, as provided for in Section 6 of County Ordinance No. 4478, shall accompany the tentative map and the action on any modification requested.
1.
The planning commission shall not approve a tentative map if it makes any of the following findings:
a.
That the proposed map is not consistent with applicable general and specific plans;
b.
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
c.
That the site is not physically suitable for the type of development;
d.
That the site is not physically suitable for the proposed density of development;
e.
That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
f.
That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
g.
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
2.
The approval of a tentative map shall be effective for a period of one year. However, the planning commission may grant one or more extensions to the term of approval of a tentative map, the sum of which shall not exceed two years. Extensions for the filing of a final map shall not be granted in intervals of more than one year. The subdivider shall submit a written request to the planning commission for each extension.
E.
City Council Action on Final Map. After the approval or conditional approval of a tentative map and prior to the expiration of such map and after all required certificates on such map have been signed and where necessary acknowledged, the subdivider may cause the real property included within the map, or any contiguous part thereof, to be surveyed, and a final map thereof prepared in accordance with the approved or conditionally approved tentative map. Such submittal shall be accompanied by a statement from the city engineer acknowledging its compliance to all rules, regulations and requirements.
1.
The city council shall within a period of ten days or at the next regularly scheduled meeting following the submission of final maps, whichever is later, approve the map if it conforms to all requirements of this and related ordinances or if it does not so conform, disapprove the map. The city council shall also disapprove of final map if it makes any of the following findings:
a.
That the proposed map is not consistent with applicable general specific plans;
b.
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
c.
That the site is not physically suitable for the type of development;
d.
That the site is not physically suitable for the proposed density of development;
e.
That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
f.
That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
g.
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public.
F.
Filing Maps with County Recorder. After approval of a final map, the city clerk shall transmit the map to the clerk of the county board of supervisors for ultimate transmittal to the county recorder.
(Ord. 40 § 1, 1978)
§ 11.61.070 Minor subdivisions.
The procedures for filing a minor subdivision shall be as follows:
A.
Environmental Documents. Prior to the submittal of a tentative minor subdivision map application, the project applicant shall submit data necessary to comply with the California Environmental Quality Act.
1.
The city planner may request submission of a conceptual minor subdivision plan, project description, environmental assessment and other information as deemed necessary in order to make a determination on a project's environmental status.
2.
Should the city planner or planning commission determine that a negative declaration or environmental impact report is required, an application for tentative minor subdivision map shall not be accepted for processing until the required environmental document has been prepared. The required environmental document shall be reviewed by the decision-making body prior to any action taken on the minor subdivision.
B.
Submission of Tentative Minor Subdivision Maps. Upon completion of required environmental documents, a subdivider may submit to the city planner as many copies of a tentative minor subdivision map as required by the city planner along with any filing fees as may be required. The tentative minor subdivision map shall be distributed to the subdivision committee for review and reports subject to Sections 96 and 97 of LACC Ordinance 4478.
C.
Public Meeting. The city planner shall schedule a public meeting before the planning commission no sooner than 30 and no later than 50 days after the date the tentative minor subdivision map was accepted for processing. Any extension of time beyond the limits established above shall be by mutual consent of the applicant and the planning commission.
1.
Notification of the public meeting shall be provided at least ten days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation published and circulated in the city and by mailing first class postage prepaid a notice of the time and place of such hearing to all persons whose names and addresses appear on the latest adopted tax roll of the county within which the property concerned is located as owning property abutting the exterior boundaries of the area actually occupied by the proposed project.
D.
Planning Commission Action on Tentative Map. Upon review of all preliminary information and after action has been taken on environmental documents, the planning commission shall, by resolution, approve, conditionally approve or disapprove the tentative minor subdivision map and shall report such action in writing to the subdivider within 30 days thereof and such agencies as may request to be notified.
1.
The planning commission shall not approve a tentative minor subdivision map if it makes any of the following findings:
a.
That the proposed map is not consistent with applicable general and specific plans;
b.
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
c.
That the site is not physically suitable for the type of development;
d.
That the site is not physically suitable for the proposed density of development;
e.
That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
f.
That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
g.
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
2.
The approval of a tentative map shall be effective for a period of one year from the date of written notice. However, the planning commission may grant one or more extensions to the term of approval of a tentative map, the sum of which shall not exceed two years. Extensions for the filing of a parcel map shall not be granted in increments of more than one year. The subdivider shall submit a written request to the planning commission for each extension.
E.
Approval of Parcel Maps of Minor Subdivisions. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map to be surveyed, and a parcel map thereof prepared in accordance with the approved or conditionally approved tentative minor subdivision map. Such submittal shall be accompanied by a statement from the city engineer acknowledging its compliance to all rules, regulations and requirements.
1.
The planning commission shall, within a period of ten days, or at the next regularly scheduled meeting following the submission of final maps, whichever is later, approve the parcel map if it conforms to all requirements of this and related ordinances or if it does not so conform, disapprove the map. The planning commission shall disapprove a parcel map if it makes any of the following findings:
a.
That the proposed map is not consistent with applicable general and specific plans;
b.
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
c.
That the site is not physically suitable for the type of development;
d.
That the site is not physically suitable for the proposed density of development;
e.
That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
f.
That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
g.
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones acquired by the public.
F.
Parcel Map Waiver. The filing of parcel maps may be waived subject to the provisions of Section 320 of County Ordinance No. 4478.
G.
Filing Map with County Recorder. After approval of a final map, the city clerk shall transmit the map to the clerk of the county board of supervisors for ultimate transmittal to the county recorder.
(Ord. 40 § 1, 1978)
§ 11.61.075 Urban lot splits.
The provisions of this section apply to the processing of urban lot splits.
A.
Application. An application for the urban lot split must be filed and reviewed pursuant to this section. All applications must include a parcel map and the applicable review fees.
B.
Approval Authority. The community development director ("director") acts on all urban lot splits and has the authority to interpret and establish guidance and procedures for the approving and finalizing parcel maps for such urban lot splits, in a manner consistent with state and local law.
C.
Public Hearing. Urban lot splits shall not be subject to a public hearing.
D.
Notice. Notice shall not be required for an urban lot split.
E.
Staff Review. The director will circulate the application for an urban lot split, together with the parcel map, to affected city departments and county agencies for review and comment. Staff will transmit to the applicant for review and consideration comments from the city departments.
F.
Approval. If the application for the urban lot split meets all the requirements contained herein, the director will approve the urban lot split ministerially and without a public hearing. The action of the director upon an urban lot split application is final and conclusive, in the absence of an appeal.
(Ord. 503 § 4, 2022)
§ 11.61.080 Amendments to maps.
A.
In addition to the amendments authorized by Government Code Section 66469, after a final map has been filed in the office of the county recorder, it may be modified by a certificate of correction or an amending map if the city finds and determines as follows:
1.
There are changes in circumstances which make any or all of the conditions of such final map no longer appropriate or necessary;
2.
The modifications do not impose any additional burden on the present fee owner of the property;
3.
The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and
B.
The procedure for processing any such proposed modification final map shall be as follows:
1.
A public hearing on the proposed modification shall be held before the planning commission. The public hearing shall be set as provided for in Government Code Section 66451.3. At the public hearing on the proposed modifications, the planning commission shall consider only the proposed modification.
2.
The planning commission may deny, approve or approve subject to conditions the proposed amendment. The planning commission shall act only on the proposed modification.
3.
A certificate of correction or amending map conforming to the approved or conditionally approved or conditionally approved modification shall be filed with the city council for approval. The city council shall approve the certificate of correction or amending map if it conforms to all requirements of the Subdivision Map Act, including, but not limited to, Section 64470 of the Government Code and this section, if no appeal has been filed, and if all conditions of approval have been fulfilled.
(Ord. 109 § 1, 1984)
§ 11.61.090 Review by the city council.
A.
All decisions of the planning commission upon applications for tentative maps, excluding vesting tentative maps, shall be reported to the city council at the council's next regular meeting held not less than five days after such decision is rendered. The planning commission's decisions regarding vesting tentative maps shall be limited to recommendations to the city council. The city council, as part of a public hearing in a manner prescribed by state law, shall make the final decision regarding a vesting tentative map.
B.
In addition to any appeal procedures otherwise established by law, city council may cause any decision of the planning commission to be heard de novo by the city council by a majority vote conducted at the meeting at which the decision is reported. In the event the council does not so vote, the decision of the planning commission shall be final.
C.
All provisions for notice and hearing applicable to the planning commission for that type of decision, shall apply to the city council in conducting its review; provided, however, that if an appeal from a decision has been properly filed, excluding vesting tentative maps, the matter shall be conducted as an appeal subject to all applicable requirements for such appeals, rather than a review subject to this section.
(Ord. 287 § 2, 1997)