MAPS

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the city."

('64 Code, § 20-1; Ord. 506, passed 9-28-75)

Whenever any words or phrases as used in this chapter are not defined herein but are defined in the Subdivision Map Act as last amended, such definitions are incorporated herein and shall be deemed to apply as though set forth in this chapter.

('64 Code, § 20-2; Ord. 506, passed 9-28-75)

The Planning Commission shall constitute the advisory agency for tentative maps of subdivisions for which a parcel map or final map is to be filed for record in the office of the County Recorder.

('64 Code, § 20-3; Ord. 506, passed 9-28-75)

(A)

A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases, terminable by either party on not more than 30 days' notice in writing, of a portion of an operating right-of-way of a railroad corporation defined as such by Cal. Pub. Util. Code § 230; provided, however, that upon a showing made to the Planning Commission based upon substantial evidence that public policy necessitates such a map, this exception shall not apply.

(B)

Such maps shall meet all the requirements of the Subdivision Map Act and of this chapter and shall show all dedications or offers of dedication thereon. The City Engineer may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map.

(C)

A parcel map may be filed pursuant to the provisions of § 66499.20.2 of the Subdivision Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

('64 Code, § 20-4; Ord. 506, passed 9-28-75)

(A)

When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Department of Planning and Development. Such map shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter.

(B)

Every person submitting a tentative map of a subdivision for which a parcel map or final map is to be filed for record in the office of the County Recorder shall pay a filing fee in an amount as set by City Council resolution.

('64 Code, §§ 20-5—20-6; Ord. 506, passed 9-28-75; Ord. 652, passed 7-12-84; Am. Ord. 750, passed 6-22-89)

Cross reference— Penalty, see § 10.97

(A)

Tentative maps shall be filed with the Department of Planning and Development and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many copies of the tentative map as may be required by the Director of Planning and Development.

(B)

Tentative maps shall be prepared by a licensed land surveyor or registered civil engineer and shall be on standard tract map sheets (18" x 26") and shall include all information and data as required by the City Engineer and the Director of Planning and Development. If at any time during the processing of a map it is determined that the map has been improperly prepared or required pertinent information has not been submitted or additional information is deemed necessary, the applicant shall be promptly notified in writing of the defect and/or further information or correction required. The time limits specified hereinafter shall not begin until the omitted, corrected or additional information is furnished in a manner acceptable to the City Engineer.

('64 Code, § 20-7; Ord. 506, passed 9-28-75)

(A)

The Planning Commission, after receiving and hearing the results of investigations and reports on the design and improvement of any proposed division of real property for which a tentative map is filed, shall have the authority to impose requirements and conditions upon such division of land and to approve, conditionally approve or disapprove such map and division of land.

(B)

A tentative map shall not be approved unless the Planning Commission finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan as required by § 66473.5 of the Subdivision Map Act.

(C)

The Planning Commission shall deny approval of a tentative map if it makes any of the findings set forth in § 66474 of the Subdivision Map Act and may deny approval if it makes any of the findings set forth in § 66474.6 of said Act.

('64 Code, § 20-8; Ord. 506, passed 9-28-75)

(A)

Expiration. The approval or conditional approval of a tentative map shall expire 12 months from the date the map was approved or conditionally approved.

(B)

Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Department of Planning and Development, such application to be filed at least 15 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

(C)

Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of two years.

(D)

Effect of map modification on extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

('64 Code, § 20-9; Ord. 506, passed 9-28-75)

(A)

The subdivider may appeal from any action of the Planning Commission with respect to a tentative map to the City Council as provided by Cal. Gov't Code § 66452.5. Such appeal and the hearing thereon shall be conducted in the manner provided by Cal. Gov't Code § 66452.5(a) and (b).

(B)

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Council within 15 days after the action which is the subject of the complaint. The City Council may, in its discretion, reject the complaint within 15 days or set the matter for public hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Cal. Gov't Code § 66451.3.

(C)

Any interested person may appeal any decision of the Planning Commission relative to the provisions of Cal. Gov't Code §§ 66473.5, 66474, 66474.1 and 66474.6 to the City Council. Such appeal and the hearing thereon shall be conducted in the manner provided by Cal. Gov't Code § 6452.5(a) and (b).

('64 Code, § 20-10; Ord. 506, passed 9-28-75)

The Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

('64 Code, § 20-11; Ord. 506, passed 9-28-75)

As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

('64 Code, § 20-12; Ord. 506, passed 9-28-75)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Cal. Gov't Code § 66483.

('64 Code, § 20-13; Ord. 506, passed 9-28-75)

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and, thereafter, to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

('64 Code, § 20-14; Ord. 506, passed 9-28-75)

(A)

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of § 66451.3 of the Subdivision Map Act is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

(B)

In addition to the notice required by § 66451.3 of the Subdivision Map Act, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.

('64 Code, § 20-15; Ord. 506, passed 9-28-75)

(A)

Any improvement agreement contract or act required or authorized by the Subdivision Map Act for which security is required shall be secured in the manner provided for in § 66499 of the Subdivision Map Act.

(B)

(1)

The improvement security shall be in the amount set forth or authorized in § 66499.3 of the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the city in successfully enforcing the obligation secured.

(2)

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

('64 Code, §§ 20-16—20-17; Ord. 506, passed 9-28-75)

(A)

A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the Director of Planning and Development for every subdivision.

(B)

A preliminary soils report may be waived by the Director of Planning and Development; provided, that the Director of Planning and Development finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.

(C)

(1)

If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Director of Planning and Development. Such soils investigation shall be done by a Civil Engineer, registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

(2)

The Planning Commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance off any building permit may require that the approved recommended action be incorporated in the construction of each structure.

('64 Code, § 20-18; Ord. 506, passed 9-28-75)

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Chapter 150 of this title.

('64 Code, § 20-19; Ord. 506, passed 9-28-75)

These regulations shall not apply to the following divisions of land:

(A)

Those made solely because of the acquisition of land by governmental agencies for freeways, parks, public buildings, flood control channels or other public purposes, or those involving the conveyance, transfer, creation or establishment of an easement for pedestrian or vehicular access, sewer, water or public utility; provided, that no divisions or parcels of land are created other than those directly caused by such action.

(B)

Those made solely because of the official designation by a governmental agency having such power of a right-of-way for future street purposes, whether by means of the recording of a record of survey or the filing for record of an official county surveyor's map or by like governmental action; provided, that no divisions or parcels of land are created other than those directly necessary to conform to the taking of such governmental action.

('64 Code, § 20-20; Ord. 506, passed 9-28-75)

Upon submission of a tract map or a parcel map for checking, the subdivider shall pay a map checking fee in an amount set by City Council resolution.

('64 Code, § 20-21; Ord. 525, passed 7-14-77; Ord. 652, passed 7-12-84; Am. Ord. 754, passed 7-13-89)

(A)

A lot line adjustment is an adjustment between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where no additional parcels are created. Lot line adjustments may be used to merge four or fewer adjoining lots into a fewer number of lots. Except as otherwise specified in this Chapter 154, a lot line adjustment shall conform to the provisions of this section and shall be processed as provided for herein.

(B)

A lot consolidation is the consolidation of any number of existing contiguous parcels into one parcel provided that no new street is created and no existing street or public service easement is extinguished. No tentative map, parcel map or final map shall be required as a condition to the approval of a lot consolidation. The lot consolidation shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot consolidation unless required by Section 8762 of the Business and Professions Code (California Government Code § 66412 (d)).

(C)

A lot merger is the merger of two or more contiguous parcels under one ownership into one or more parcels so as to comply with parcel size and zoning standards. All procedures and processes associated with the merging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.

(D)

A lot unmerger is the ability to unmerge lots previously merged. All procedures and processes associated with the unmerging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.

(Ord. 1136, § 1(Exh. A), passed 4-2-24; Ord. 1142, § 2(Exh. A), passed 8-6-24)

(A)

An application for a lot line adjustment, lot consolidation, or lot merger/unmerger shall be filed with the Community Development Department. Such application shall include:

(1)

Proof that the lots involved have been legally created;

(2)

A plot plan indicating existing lot dimensions and the location of existing structures, utilities, infrastructure and easements;

(3)

Deeds suitable for recording showing the proposed new lot configurations and if required by Business and Professions Code section 8762, a record of survey;

(4)

Any other information necessary to determine whether the proposed adjustment will conform with zoning and building codes; and

(5)

A fee in an amount to be determined by resolution of the City Council for the purpose of defraying costs to process the request.

(B)

The Community Development Director, or designee, shall act upon the application within 60 days from the date that the environmental documentation is completed or the determination is made that the project is exempt from the California Environmental Quality Act.

(C)

The Community Development Director, or designee, shall approve or conditionally approve the application in writing after investigation and receipt of reports from other departments, if it is found that the proposed application conforms to all of the following requirements:

(1)

Does not create an additional lot;

(2)

The resulting parcels conform to the City's General Plan, Zoning, and Building Codes;

(3)

Does not cut off any lot from frontage on a public street or alley;

(4)

Does not cut off any lot from access to a public utility or easement, or create a need for a new utility or easement, other than relocation of existing utilities or easements;

(5)

Does not cause the need for a new or extended public street or easement other than relocation of an existing street easement;

(6)

Does not cause the need for any new infrastructure, other than the relocation of existing infrastructure;

(7)

Does not cause an existing building or structure located on the parcels to be in violation of the City's General Plan, Zoning, or Building Codes;

(8)

Complies with requirements as to area, easements, utilities, improvement, design, floodwater drainage, sanitary disposal facilities and water supply availability.

(Ord. 1142, § 2(Exh. A), passed 8-6-24)

(A)

Issuance of Certificate of Compliance. The approval of the lot line adjustment, consolidation, or merger/unmerger shall be evidenced by the issuance of a Certificate of Compliance and recordation of grant deeds reflecting the newly configured parcels. The property description or descriptions on the Certificate of Compliance shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots.

(B)

Recordation of Certificate of Compliance. The Certificate of Compliance, all deeds and other documents approved by the City shall be signed by the appropriate parties and notarized in accordance with applicable law. The recordation of the Certificate of Compliance shall be immediately followed by the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels and any necessary reconveyances or partial reconveyances or other documents to ensure that any deed of trust or similar encumbrance now describes the reconfigured parcel or parcels.

(C)

Recordation of deeds and other documents. Concurrently with the recordation of the Certificate of Compliance, all deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City for review and approval. The applicant shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City.

(D)

Payment of recording fees. The fees for the recording of all documents as established by the Office of the County Recorder of Los Angeles County shall be remitted by the applicant to the County Recorder at the time of recordation of such documents including the Certificate of Compliance, deeds and related documents.

(E)

Failure to submit required deeds and documents within one year or within the time permitted by an approved time extension. In the event the Certificate of Compliance or any deed, reconveyance or other document required for the finalization of the approved lot line adjustment, lot consolidation or lot merger/unmerger is not submitted to the County Recorder for recordation within one year following the effective date of the approval of such, or within the time permitted by an approved time extension (Section 154.08 parcel map extension), the Certificate of Compliance shall be void and of no further force and effect and shall not be recorded. If the applicant still wishes to proceed with the lot line adjustment, consolidation or merger/unmerger, a new application must be submitted in accordance with the provisions of this Chapter.

(F)

Appeals shall be made in accordance with the provisions set forth in §§ 155.865 and 155.866.

(Ord. 1142, § 2(Exh. A), passed 8-6-24)

This subchapter is enacted pursuant to the authority granted by Cal. Gov't Code Chapter 4.5 (commencing with § 66498.1) of Division 2 of Title 7 (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the "Vesting Tentative Map Ordinance."

('64 Code, § 20-25; Ord. 684, passed 12-26-85)

(A)

It is the purpose of this subchapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter. Except as otherwise set forth in the provisions of this subchapter, the provisions of this chapter shall apply to this subchapter.

(B)

To accomplish this purpose, the regulations outlined in this subchapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

('64 Code, § 20-26; Ord. 684, passed 12-26-85)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this code of ordinances.

('64 Code, § 20-27; Ord. 684, passed 12-26-85)

Cross reference— Penalty, see § 10.97

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. All other definitions set forth in this chapter are applicable.

Vesting Tentative Map. A "tentative map" for any subdivision, as defined in this chapter, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with § 154.35, and is thereafter processed in accordance with the provisions hereof.

('64 Code, § 20-28; Ord. 684, passed 12-26-85; Am. Ord. 722, passed 10-8-87)

(A)

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(B)

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

('64 Code, § 20-29; Ord. 684, passed 12-26-85; Am. Ord. 722, passed 10-8-87)

(A)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided:

(1)

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(2)

At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(a)

Height, size, and location of buildings.

(b)

Sewer, water, storm drain and road details.

(c)

Information on the uses to which the buildings will be put.

(d)

Detailed grading plans.

(e)

Geological studies.

(f)

Flood control information.

(g)

Architectural plans.

(B)

The Director of Community Development may request, and the applicant shall promptly furnish such further information as may reasonably be necessary to enable the Director to evaluate on behalf of the city the vesting effect which would follow from approval of the map.

('64 Code, § 20-30; Ord. 684, passed 12-26-85)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city for the filing and processing of a tentative map.

('64 Code, § 20-31; Ord. 684, passed 12-26-85)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

('64 Code, § 20-32; Ord. 684, passed 12-26-85)

(A)

(1)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Cal. Gov't Code § 66474.2.

(2)

However, if Cal. Gov't Code § 66474.2 is repealed, the approval or conditional 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 vesting tentative map is approved or conditionally approved.

(B)

Notwithstanding division (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(1)

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.

(2)

The condition or denial is required in order to comply with state or federal law.

(C)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in § 154.37. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of one year. 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 time period set forth in subdivision (1) of this division shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

(3)

A subdivider may apply to the Planning Commission for a one year extension at any time before the initial time period set forth in subdivision (1) of this division expires. If the extension is denied, the subdivider may appeal that denial to the City Council within 15 days.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions (1) through (3) of this division, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

('64 Code, § 20-33; Ord. 684, passed 12-26-85)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in § 154.38(A), and the City Council may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

('64 Code, § 20-34; Ord. 684, passed 12-26-85)