The provisions of this chapter are adopted pursuant to the subdivision map act (section 66411 et seq., of the Government Code; hereafter "act") for the purpose of regulating the design and improvement of subdivisions, and regulating other divisions of land within the city. (1960 Code; amd. Ord. 75-416)

This chapter shall be referred to as the city's SUBDIVISION REGULATIONS. (1960 Code)

   A.   Designations: Pursuant to the act, the following designations are made:

      1.   Advisory Agency: The planning commission shall act as the advisory agency within the meaning of said act and shall report its findings and recommendations on subdivisions and other matters within its jurisdiction as described in said act, and in this chapter, to the city council; and

      2.   Appeal Board: The city council shall act, where appropriate, as the appeal board for purposes of the act and this chapter.

   B.   Maps:

      1.   Tentative Maps: Whenever the act of this chapter requires that a parcel map be prepared and submitted for approval and recordation, a tentative map shall first be prepared and submitted in accordance with the provisions of the act and/or this chapter.

      2.   Filing Of Maps: Whenever a tentative, final or parcel map is required to be filed pursuant to the act or this chapter, such map shall be filed with the city engineer.

   C.   Adoption Of Standards: Whenever improvements are required to be constructed, pursuant to the act or this chapter, the construction of such improvement shall be accomplished in compliance with the city's standards therefor, which have heretofore been adopted by the city council of this city. Copies of said standards are on file in the office of the city clerk of this city and are available for public inspection.

   D.   Definitions: Except where the context otherwise clearly require, the definitions, set forth hereinafter, shall be applied to the words and phrases used in this chapter.

      1.   The definitions set forth in the act shall be deemed to be definitions applicable to the same words and phrases used in this chapter; and

   CITY: The city of Temple City.

   CITY CLERK: The city clerk of the city of Temple City.

   CITY ENGINEER: The city engineer of the city of Temple City.

   LOT SPLIT: Whenever the phrase "lot split" is used in this chapter, it shall be deemed to mean a division of land, which has the effect of creating four (4) or less lots, improved, or unimproved, shown on the "equalized Los Angeles County assessment roll" in effect as of January 1, 1968, as a unit or as contiguous units, for the purpose of sale, transfer of title, lease, or financing, whether immediate or future. Units shall be considered contiguous even if the same are separated by highways, alleys, streets, utility or public easements or railroad rights of way. "Lot split" shall also include condominium project as defined in the Civil Code and a community apartment project defined in the Business And Professions Code. Conveyance of land to a public entity or public utility shall not be considered a division of land for the purposes of computing the number of parcels or lots to be created by a lot split.

      2.   The definitions set forth in the Temple City zoning regulations shall be deemed to be definitions applicable to this chapter. (1960 Code)

No subdivision, lot split or other division of land contemplated by said act and/or this chapter, shall be approved unless the following improvements are constructed or required to be constructed in order to service the lots being created:

   A.   An adequate water distribution system designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created;

   B.   An adequate sewage system designed and constructed to serve each lot being created;

   C.   An adequate stormwater drainage system designed and constructed so as to serve each of the lots proposed to be created;

   D.   An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created;

   E.   An adequate system designed and constructed so as to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, telephone services; and

   F.   Any and all other public improvements, necessary to provide all services to each lot proposed to be created.

Each tentative map shall be reviewed by the staff, the advisory agency and/or the city council, and thereafter, steps shall be taken to ensure that all of the improvements reasonably required to service all of the lots proposed to be created are specifically required as conditions of approval on such tentative maps. (1960 Code)

No subdivisions, lot split or other division of land contemplated by the act or this chapter, shall be approved, unless the subdivider and/or owner dedicates to the city, or, at the option of the city, makes irrevocable offers of dedication to the city, of sufficient interests in real property, located within the boundaries of the subdivision, lot split, or other division of land, to accommodate all streets, alleys, drainage facilities, sewage facilities, public utility easements and such other easements, as may be deemed necessary to properly service the lots proposed to be created, including, but not limited to, dedication, or irrevocable offers of dedication, of access rights and/or abutter's rights of whatever kind or nature. Where appropriate on a particular subdivision, lot split or other division of land contemplated by the act or this chapter, the waiver of direct access rights, as contemplated by section 66476 of the act may be required, if the public interest necessitates such waiver, as determined by the city council.

The precise areas proposed for such dedication or offers of dedication, shall be established as conditions of approval on the tentative map proposed for such subdivision, lot split or other division of land. (1960 Code)

Where dedication of property is required, with reference to a parcel map, such dedication shall be accomplished by a certificate placed upon the face of the parcel map, in the same manner as is required of a final map pursuant to the act. (1960 Code)

Improvements and/or dedications required pursuant to sections 9-2-3 and 9-2-4 of this chapter, with reference to a subdivision, lot split or other division of land contemplated by the act and/or this chapter, may be so required whether the same are included within the boundaries of the tentative map for such subdivision, lot split or other division of land contemplated by the act or this chapter, provided that such improvements and/or dedications are reasonable required to service the lots proposed to be created by such land division. (1960 Code)

Where the city council finds that the public interest so required, it may, as a condition of approval, on a subdivision, lot split or other division of land contemplated by the act or this chapter, require that there be a reservation of land made for parks, recreational facilities, fire station, libraries or other public uses, as contemplated by section 66479 of the act. No such reservation shall be so imposed except in compliance with the provisions of the act. (1960 Code)

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map. (1960 Code)

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee, and all easement holders. (1960 Code)

Pursuant to section 66485 of the act, where the city council finds that the public interest so requires, it shall be deemed a requirement of this chapter that any subdivision, lot split or other division of land contemplated by the act or this chapter, that the subdivider shall supplement the size, capacity or number of any improvements otherwise required for the benefit of the lots proposed to be created, which said supplemental size, capacity and/or number is for the benefit of property not included within such subdivision, lot split or other division of land contemplated by the act or this chapter. Where such supplemental improvements are so required, reimbursement agreements shall be executed, as is provided in section 66486 et seq., of said act. (1960 Code)

A soils report, as contemplated by section 66490 of the act, shall be required for each major subdivision. Notwithstanding the provisions of this section, the city council may waive the requirement of a preliminary soils report if it finds that due to the knowledge the staff has concerning quality of the soils included within the subdivision, no such preliminary analysis is necessary. (1960 Code)

With respect to any subdivision, lot split or other division of land contemplated by the act or this chapter, as to which certain improvements are required pursuant to said act or this chapter, and the said improvements are not constructed and installed in accordance with the city's standards therefor, as of the time of submission of a final map for approval, the city council, in its discretion, may act in the following manner:

   A.   The city council may execute an agreement with the subdivider or other qualified person, providing for the construction of such improvements; provided that any such agreement shall contain provisions concerning security for the construction of such improvements. Such security shall consist of the type described in subdivision (a), (b) or (c) of section 66499 of the act whichever may be authorized by the city council. The amount of such security shall be set in accordance with section 66499.3 et seq., of said act.

   B.   The city council may determine that an agreement with security attached is unnecessary given the extent of the public improvements required and may approve the final map with direction to city staff to withhold a certificate of occupancy and not send a release to the natural gas utility provider until the required public improvements are completed. (Ord. 16-1014)

By resolution, the city council shall set appropriate filing and processing fees which shall apply to all subdivisions and other divisions of land contemplated by the act. (1960 Code)

The provisions of this section shall apply to the processing of lot splits.

   A.   Filing: All applications for lot splits shall be filed, together with a tentative map therefor, with the city engineer, on forms provided by him for such purposes; and

   B.   Fees: Prior to processing any application for a lot split, the applicant shall pay to the city treasurer such fees as may be required by resolution of the city council pertaining to the same; and

   C.   Staff Review: The planning director shall circulate the application for a lot split, together with the tentative map relating thereto, to affected city departments for review and comment. The planning director shall be responsible for preparing an appropriate staff report for submission to the planning commission, which shall include all other relevant departmental comments relating to the proposed lot split. Such staff report shall be transmitted to the planning commission and to the applicant for review and consideration; and

   D.   Planning Commission Action: Where the planning commission finds that any of the lots proposed to be created would not comply with applicable provisions of this code, or if it finds that any facts exist which would, pursuant to the act, be a basis for denying a subdivision, it shall deny said application.

Where the commission finds that the lots proposed to be created will comply with the said code, but that certain improvements and/or dedications are required to properly service a lot proposed to be created, the planning commission shall approve the lot split application conditionally, so as to ensure that all such improvements and/or dedications will be constructed in accordance with the city's standards therefor.

The action of the planning commission upon a lot split application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth; and

   E.   Appeal Of Planning Commission Decision: Any interested person may appeal the action of the planning commission with reference to a lot split application by filing a written letter of appeal with the city clerk, describing therein the basis for such appeal; the city clerk shall not accept such a letter of appeal unless a filing and processing fee, as set by city council resolution, has been paid, and such letter of appeal is filed with the clerk within not to exceed fifteen (15) calendar days following the planning commission's action. Upon receipt of a timely filed appeal, the city clerk shall place the matter on the city council's agenda at its next most convenient meeting.

At the time that such appeal is reviewed by the city council, it shall herein consider the application, the staff report and all other relevant evidence presented by the applicant or any other interested person concerning such lot split. Thereafter, the city council shall take one of the following courses of action:

      1.   If it finds that the lots proposed to be created will not comply with all applicable provisions of this code, including, but not limited to, the zoning regulations, or, if it finds that any facts exist which would, pursuant to the act, be a basis for disapproving a subdivision, it shall deny such application; or

      2.   If it shall find that the lots proposed to be created will meet the provisions of said code, but that improvements and/or dedications are required, it shall conditionally approve such application in such manner as is necessary to ensure construction of such improvement and/or dedications and to guarantee that prior to the filing of the final map the same will be constructed or guaranteed in an appropriate manner; or

      3.   If it finds that the lot proposed to be created will meet the requirements of said code, and that no dedication or improvements are required, it shall approve the tentative map. All actions of the city council shall be final and conclusive. (1960 Code)

Where a division of real property, by sale or lease, has taken place, which division requires conformance to the provisions of section 9-2-14, "Lot Split Procedure", of this chapter, but approval has not been obtained, as provided in that section, and the purchaser of one or more of the parcels so divided, has been refused a building permit or a certificate of occupancy, or has attempted to file a lot split map on his property but the same has been refused, by reason of noncompliance with that section, the city council may by motion direct the city engineer to accept a partial lot split map for filing relating to such purchaser's property only, provided that such purchaser agrees that he will construct improvements and dedicate areas as may be necessary to comply with the provisions of said section 9-2-14, "Lot Split Procedure", of this chapter if it finds the following facts to be present:

   A.   That the purchaser at the time of his purchase of the property was unaware of the application of the provisions of section 9-2-14, "Lot Split Procedure", of this chapter to his property; and

   B.   That the purchaser has unsuccessfully attempted to obtain the approval and concurrence of the other purchasers and/or his vendor in the filing of a lot split map covering all of the property divided without compliance with said section 9-2-14 of this chapter; and

   C.   That to refuse to accept a lot split map relating to the property of the injured purchaser only, will work an undue hardship upon such person; and

   D.   That the public interest will be furthered by permitting such filing.

Nothing in this section shall be deemed to relieve any owner, purchaser, or vendor of any real property from the filing of a lot split map, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided. (1960 Code)

Pursuant to the provisions of section 66428 of the subdivision map act, and subject to making the findings provided therein, the city council or planning commission may waive the requirements of a parcel map. (1960 Code)

The provisions of this section shall apply to the processing of lot consolidations.

   A.   Authority: The community development director shall have the authority to grant lot consolidations that conform to this code upon filing such consolidation of record.

   B.   Notice Of Application Submittal: Notice that the application has been submitted shall be mailed to the owners of properties within one hundred feet (100') as shown on the latest equalized assessment roll of the county of Los Angeles, or from other records of the assessor or county tax collector which contain more recent and accurate addresses by United States mail, postage prepaid. Notices shall contain a description of the location, a brief description of the proposal, the deadline to submit comments, the date the director is scheduled to make a decision, and information about when and how an appeal may be filed.

   C.   Comment Period: Written comments received by the director during this period shall be considered as part of the staff review. The comment period shall be ten (10) days from the date notice is provided.

   D.   Appeal Authority: Decisions of the director may be appealed to the planning commission. Decisions by the commission may be appealed to the city council.

   E.   Appeal Initiation, Filing, Content: Appeals may be initiated by an applicant, any resident of the city, or any person owning real property in the city aggrieved by a decision of the director. A notice of appeal shall be in writing and shall be filed in the office of the city clerk upon forms provided by the city. An appeal from decision, determination, or interpretation of the director in the administration of the provisions of this chapter must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this chapter.

   F.   Appeal Hearing And Notice: Once filed, the appeal shall be held before the planning commission at their next meeting where the noticing requirements can be met. Appeal hearings shall be noticed in accordance with subsection B of this section.

   G.   Commission Decision: On an appeal from a decision of the director, the planning commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the director. If the applicant or any other party as defined in subsection E of this section is dissatisfied with the decision of the commission, they may within a fifteen (15) day time period, appeal the same to the council, in the same manner as an appeal is taken from the decision of the director. An appeal to the council shall be filed with the city clerk. (Ord. 16-1014)

The provisions of this section shall apply to the processing of lot line adjustments.

   A.   Final Map Not Required: Notwithstanding any other provision of this chapter, the filing of a final parcel map shall not be required.

   B.   New Construction Park Fees: The provisions of sections 9-5-3 and 9-5-4 of this title shall be inapplicable.

   C.   Notice Of Application Submittal: Notice that the application has been submitted shall be mailed to the owners of properties within one hundred feet (100') as shown on the latest equalized assessment roll of the county of Los Angeles, or from other records of the assessor or county tax collector which contain more recent and accurate addresses by United States mail, postage prepaid. Notices shall contain a description of the location, a brief description of the proposal, the deadline to submit comments, the date the director is scheduled to make a decision, and information about when and how an appeal may be filed.

   D.   Comment Period: Written comments received by the director during this period shall be considered as part of the staff review. The comment period shall be ten (10) days from the date notice is provided.

   E.   Findings: A lot line adjustment shall be approved upon making the following findings:

      1.   That the proposed division of land will not result in the creation of any new lots or the reorientation of any existing lots;

      2.   That no public improvements or dedications are necessary to properly service the lots involved; and

      3.   That the lots involved will conform in all respects to the requirements of this code.

   F.   Appeal Authority: Decisions of the director may be appealed to the planning commission. Decisions by the commission may be appealed to the city council.

   G.   Appeal Initiation, Filing, Content: Appeals may be initiated by an applicant, any resident of the city, or any person owning real property in the city aggrieved by a decision of the director. A notice of appeal shall be in writing and shall be filed in the office of the city clerk upon forms provided by the city. An appeal from decision, determination, or interpretation of the director in the administration of the provisions of this chapter must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this chapter.

   H.   Appeal Hearing And Notice: Once filed, the appeal shall be held before the planning commission at their next meeting where the noticing requirements can be met. Appeal hearings shall be noticed in accordance with subsection C of this section.

   I.   Commission Decision: On an appeal from a decision of the director, the planning commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the director. If the applicant or any other party as defined in subsection G of this section is dissatisfied with the decision of the commission, they may within a fifteen (15) day time period, appeal the same to the council, in the same manner as an appeal is taken from the decision of the director. An appeal to the council shall be filed with the city clerk. (Ord. 16-1014)

Whenever the city council finds that the time limits provided by the subdivision map act or hardship to a particular developer will be involved in the processing of a parcel map, because of the schedule of meetings of the planning commission, or the failure of the planning commission to attain a quorum, then the city council may exercise original jurisdiction over such tentative or final parcel maps, and in every manner act and process such tentative and final parcel map in the place and stead of the planning commission, in which case the decision of the city council shall be final. (1960 Code)

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 9-1C-5-B. All applications must include a tentative 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 tentative parcel maps for such urban lot splits, in a manner consistent with state and local law.

   C.   Public Hearing: Urban lot splits do not require a public hearing.

   D.   Notice: Notice is not required for an urban lot split.

   E.   Staff Review: The director will circulate the application for an urban lot split, together with the tentative map, to affected city departments 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 of 9-1T-21-B, 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.

   G.   Appeal of Director’s Decision: Decisions of the director may be appealed to the Planning Commission in compliance with section 9-1C-5-G. (Ord. 21-1059)