[§ 1, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975]
Subject to the amendments, deletions, and additions set forth
in this chapter, that certain subdivision ordinance providing regulations
for the division and mapping of land pursuant to the provisions of
the Government Code of the State, known and designated as the Los
Angeles County Subdivision Ordinance No. 4478, as amended and in effect
on April 7, 1975, three copies of which are on file in the office
of the City Clerk for public inspection, is hereby adopted as though
set forth in this chapter in full. Such ordinance shall be and become
the Subdivision Ordinance of the City.
[§ 2, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975; and § 1, Ord. 617, eff. December 31, 1975]
Wherever any of the following names or terms are used in said
Subdivision Ordinance, each such name or term shall be deemed and
construed to have the meaning ascribed to it in this section as follows:
(a)
COUNTY OF LOS ANGELES – Shall mean the City.
(b)
BOARD OF SUPERVISORS – Shall mean the Council of the City.
(c)
REGIONAL PLANNING COMMISSION – Shall mean the Planning Commission
of the City.
(d)
COUNTY ENGINEER – Shall mean the City Engineer of the City.
(e)
COUNTY HEALTH OFFICER – Shall mean the Health Officer of the
City.
(f)
ROAD COMMISSIONER – Shall mean the Superintendent of Streets
of the City.
[§ 2 B, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975]
§ 31 of said Subdivision Ordinance is hereby amended
to read as follows:
§ 31. Personnel. A Subdivision Committee
may be appointed by the chairman of the Planning Commission, with
the approval of the Commission, to act in an advisory capacity to
the Planning Commission. The Subdivision Committee shall consist of
the following members or their duly authorized representatives:
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(a)
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The Chairman of the Planning Commission;
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(b)
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The City Engineer;
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(c)
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The Superintendent of Streets; and
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(d)
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The City Health Officer.
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[§ 2 B, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975]
§ 32 of said Subdivision Ordinance is hereby amended
to read as follows:
§ 32. Time of meetings. The Subdivision
Committee shall meet regularly at a time to be determined and publicly
announced by its chairman.
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[§ 2 C, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975]
§ 89 of said Subdivision Ordinance is hereby amended
to read as follows:
§ 89. Fees. At the time of filing a tentative
map the subdivider shall pay a filing fee as follows:
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Minor Land Divisions (up to 4 parcels):
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No. of parcels
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1
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2
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3
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4
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---|---|---|---|---|
Fee
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$58
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$66
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$74
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$82
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Revised tentative map fee = One-quarter of the above
schedule
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Subdivisions (5 or more parcels):
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$50
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plus $8 for each of the first 25 lots;
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plus $6 for each of the next 25 lots;
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plus $2 for each of the next 50 lots;
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plus $1 for each additional lot in excess of 100
lots;
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Plus any costs required to be expended by the City
in order to process or effect the minor land division or subdivision.
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[§ 1, Ord. 713-U, eff. December 21, 1982, as amended by § 1, Ord. 714, January 4, 1982]
Notwithstanding the provisions of § 9-2.01, the Subdivision Ordinance is amended by adding §§ 15.7 and 15.8 and Article XIII to read:
§ 15.7. Major Lot Line Adjustments. A
lot line adjustment pursuant to § 66412(d) of the Subdivision
Map Act that exceeds the limitation for minor lot line adjustments
as herein defined.
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§ 15.8. Minor Lot Line Adjustments. A
lot line adjustment pursuant to § 66412(d) of the Subdivision
Map Act where the land, in total, taken from one parcel and added
to an adjacent parcel, does not exceed 20% of the gross area of the
parcel from which it is taken and where the same number of parcels
as originally existed are the resultant.
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ARTICLE XIII LOT LINE ADJUSTMENTS
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§ 401. Major Lot Line Adjustments:
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Notwithstanding any other provisions of this ordinance,
the Planning Commission may approve Major Lot Line Adjustments as
herein defined provided that:
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(a) Each parcel involved in the adjustment is a
parcel approved under the procedures of this ordinance or any former
ordinance regulating the design and improvement of subdivisions;
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(b) The Planning Commission finds:
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(1) That because no significant change in access,
lot configuration or orientation of structures or utilities to lot
lines is proposed, the adjustment will not result in any significant
burden on public services or materially affect the proper rights of
any adjacent owners;
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(2) That the parcels to be adjusted are eligible
for unconditional certificates of compliance under the provisions
of the Subdivision Map Act and this ordinance; and
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(3) That the adjusted parcel configurations are
in accord with established neighborhood lot design patterns and not
violative of any statute, ordinance, regulation or good planning practice.
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(c) If any of the parcels to be adjusted are improved
with a primary structure, the applicant shall provide evidence to
the satisfaction of the City Engineer that the changes in parcel lines
will not violate any ordinances or regulations controlling such structures.
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The applicant for a major lot line adjustment shall
supply to the City such complete forms and documentation as the City
deems necessary to review and act upon the request. If the adjustment
is approved, the applicant shall cause to be filed for record a parcel
map pursuant to the applicable provision of this ordinance and the
Subdivision Map Act and to the satisfaction of the City Engineer.
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The applicant may appeal any decision of the Planning
Commission on a major lot line adjustment to the City Council. All
appeals shall be submitted and acted upon in the manner prescribed
in § 66452.2 of the Government Code.
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The fees for a major lot line adjustment shall be
established by resolution of the City Council.
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§ 402. Minor Lot Line Adjustments:
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Notwithstanding any other provisions of this ordinance,
the Planning Commission may approve Minor Lot Line Adjustments as
herein defined, provided that:
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(a) Each parcel involved in the adjustment is one
of the following:
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(1) A parcel improved with a primary structure;
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(2) A parcel approved under the procedures of this
ordinance or any former ordinance regulating the design and improvement
of subdivisions;
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(3) All or any portion of a former utility or public
right-of-way;
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(b) The Planning Commission finds:
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(1) That because no significant change in access,
lot configuration or orientation of structures or utilities to lot
lines is proposed, the adjustment will not result in any burden on
public services or materially affect the property rights of any adjacent
owners;
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(2) That the parcels to be adjusted are eligible
for unconditional certificates of compliance under the provisions
of the Subdivision Map Act and this ordinance; and
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(3) That the adjusted parcel configurations are
in accord with established neighborhood lot design patterns and not
violative of any statute, ordinance, regulation or good planning practice.
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(c) If any of the parcels to be adjusted are improved
with a primary structure, the applicant shall provide evidence to
the satisfaction of the City Engineer that the changes in parcel lines
will not violate any ordinances or regulations controlling such structures.
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The applicant for a minor lot line adjustment shall
supply to the City such completed forms and documentation as the City
deems necessary to review and act upon the request. If the adjustment
is approved, the applicant shall cause to be filed for record a certificate
of compliances containing the descriptions of the parcels as they
will exist after adjustment pursuant to the applicable provisions
of this ordinance, the Subdivision Map Act and to the satisfaction
of the City Engineer.
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The applicant may appeal any decision of the Planning
Commission minor lot line adjustments to the City Council. All appeals
shall be submitted and acted upon in the manner prescribed in § 66452.5
of the Government Code.
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The fees for a minor lot line adjustment shall be
established by resolution of the City Council.
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[§ 3, Ord. 462, as amended by § 1, Ord. 602, eff. July 4, 1975; and § 1, Ord. 713-U, eff. December 21, 1981]
Violations of the provisions of this chapter, which violations
are not also prohibited by the Subdivision Map Act or by any other
State statute, shall be a misdemeanor.
[§ 1, Ord. 786, eff. December, 1985]
Notwithstanding the provisions of § 9-2.01, the Subdivision Ordinance is amended by adding Article XIV thereto to read:
ARTICLE XIV VESTING TENTATIVE MAPS
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§ 350. Purpose and Intent.
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The purpose of this article is to establish procedures
for the implementation of Chapter 4.5 (commencing with § 66498.1)
of Division 2 of Title 7 of the Government Code of the State of California
which provides for the approval of vesting tentative maps. Except
as otherwise specifically provided by this article, the provisions
of this chapter shall apply to the filing, processing and review of
vesting tentative maps as said term is defined by § 66424.5
of the Government Code and § 352 of this article.
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§ 351. Consistency Requirement.
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The approval of a vesting tentative map shall be
consistent with the General Plan, any applicable specific plan, the
Zoning Ordinance, and any other applicable provision of this Code
in effect at the time provided by § 358(a) of this article.
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§ 352. Definition of Vesting Tentative
Map.
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A "vesting tentative map" shall mean a tentative
map for a residential 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 § 353 of
this article, and is thereafter processed in accordance with the provisions
of this article and the Subdivision Map Act.
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§ 353. Application.
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(a) This article shall apply only to residential
subdivisions. Whenever a provision of the Subdivision Map Act or this
chapter requires the filing of a tentative map or tentative parcel
map for a residential subdivision, a vesting tentative map may instead
be filed, in accordance with the provisions of this article.
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(b) If a subdivider does not seek the rights conferred
by Chapter 4.5 of Division 2 of Title 7 of the Government Code and
this article, 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.
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§ 354. Filing and Processing.
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A vesting tentative map shall be filed in the same
form, have the same contents, and provide the same information and
shall be processed in the same manner as set forth in this chapter
for a tentative map except as hereinafter provided:
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(a) At the time a vesting tentative map is filed
it shall have printed conspicuously on its face the words "Vesting
Tentative Map."
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(b) The application for a vesting tentative map
shall describe the manner in which the subdivision is proposed to
be developed, including but not limited to the height, size and location
of all buildings and other improvements.
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(c) A vesting tentative map shall not be accepted
for filing unless all other discretionary land use approvals required
for the proposed development have been obtained or applications therefor
are filed concurrently with such map.
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(d) Whenever a subdivider files a vesting tentative
map for a subdivision whose intended development is inconsistent with
the Zoning Ordinance in existence at the time of filing, such inconsistency
shall be noted on the map.
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§ 355. Fees.
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Upon filing a vesting tentative map, the subdivider
shall pay the fees required for the filing and processing of a tentative
map.
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§ 356. Condition Precedent to Approval.
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A vesting tentative map shall not be approved unless
all other discretionary land use approvals required for the proposed
development have been obtained.
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§ 357. Expiration.
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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.
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§ 358. Vested Rights Created by Approval
of Vesting Tentative Map.
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(a) Subject to the time limits established by paragraph
(c) of this section, 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 Government Code § 66474.2. If § 66474.2
of the Government Code is repealed, however, 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 subject to the time limits
established by paragraph (c) of this section.
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(b) Notwithstanding paragraph (a) of this section,
a permit, approval, extension, or entitlement may be made conditional
or denied even though such action may be contrary to the ordinances,
policies, and standards described in paragraph (a) if any of the following
are determined:
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(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.
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(2) The condition or denial is required in order
to comply with state or federal law.
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(c) The rights referred to in paragraph (a) of this
section shall expire if a final map is not approved prior to the expiration
of the vesting tentative map as provided in § 357 of this
article. If the final map is timely approved, such rights shall exist
for the following periods of time:
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(1) An initial time period of one year after the
recording of the final map. 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.
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(2) The initial time period set forth in subparagraph
(1) above shall be automatically extended by any time used for processing
a complete application for a grading permit if such processing exceeds
30 days from the date a complete application is filed.
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(3) The subdivider may apply to the Planning Commission
for a one year extension at any time before the expiration of the
initial time period set forth in subparagraph (c)(1) of this section.
If the extension is denied, the subdivider may appeal that denial
to the City Council within 15 days thereafter.
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(4) If the subdivider submits a complete application
for a building permit during the periods of time specified in subparagraphs
(1) — (3) above, the rights referred to herein shall continue
to exist until the expiration of such permit, or any extension thereof.
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§ 359. Amendment to Vesting Tentative
Map.
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Any time prior to the expiration of a vesting tentative
map, the subdivide, or his or her assignee, may apply for an amendment
to such map. A public hearing shall be held by the Planning Commission
on any amendment involving a substantial modification to the subject
subdivision or development related thereto. The decision by the Planning
Commission on the requested amendment shall be appealable to the City
Council in the manner provided by § 6.1 of this article.
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§ 360. Applications Inconsistent with
Established Policies.
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Notwithstanding any provision of this article, 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 § 358(a), and the City may grant such approvals
or issue such permits to the extent that the departures are authorized
under applicable law.
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§ 361. Subsequent Permits, Licenses, and
Other Entitlements for Use.
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The provisions of this article shall not be construed
to prevent the City from conditionally approving or denying any permit,
license or other entitlement for use which is applied for by the subdivider
after the approval of a vesting tentative map provided such conditional
approval or denial is made in accordance with the ordinances, policies
and standards described in § 358(a) of this article.
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[§ 3, Ord. 858, eff. August 9, 1990]
Tentative tract map, parcel map and other subdivision approvals
under this chapter shall be consistent with the portions of the County
of Los Angeles Hazardous Waste Management Plan (App. November 30,
1989) relating to siting and siting criteria for hazardous waste facilities.
[Added 4-5-2022 by Ord. No. 1206-22, eff. May 4, 2022]
(a)
Purpose. The purpose of this section is to allow and appropriately
regulate urban lot splits in accordance with Government Code section
66411.7.
(b)
Definition. An "urban lot split" means the subdivision of an existing,
legally subdivided lot into two lots in accordance with the requirements
of this section.
(c)
Application.
(1)
Owners.
a.
Only individual property owners may apply for an urban lot split.
"Individual property owner" means a natural person holding fee title
individually or jointly in the person's own name or a beneficiary
of a trust that holds fee title. "Individual property owner" does
not include any corporation or corporate person of any kind (partnership,
LP, LLC, C corp, S corp, etc.) except for a community land trust (as
defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or
a qualified nonprofit corporation (as defined by § 214.15).
b.
Any person with a mortgage interest in the lot to be split under
this section must sign the application and the parcel map indicating
the person's consent to the project.
(2)
An application for an urban lot split must be submitted on the
city's approved form. Only a complete application will be considered.
The City will inform the applicant in writing of any incompleteness
within 30 days after the application is submitted.
(3)
The City may establish a fee to recover its costs for adopting,
implementing, and enforcing this section of the Code, in accordance
with applicable law. The City Council may establish and change the
fee by resolution. The fee must be paid with the application.
(d)
Approval.
(1)
An application for a parcel map for an urban lot split is approved
or denied ministerially, by the planning director, or their designee,
without discretionary review.
(2)
A tentative parcel map for an urban lot split is approved ministerially
if it complies with all the requirements of this section. The tentative
parcel map may not be recorded. A final parcel map is approved ministerially
as well, but not until the owner demonstrates that the required documents
have been recorded, such as the deed restriction and easements.
(3)
The approval must require the owner and applicant to hold the
City harmless from all claims and damages related to the approval
and its subject matter.
(4)
The approval must require the owner and applicant to reimburse
the City for all costs of enforcement, including attorneys' fees
and costs associated with enforcing the requirements of this Code.
(e)
Requirements. An urban lot split must satisfy each of the following
requirements:
(1)
Map Act Compliance.
a.
The urban lot split must conform to all applicable objective
requirements of the Subdivision Map Act (Gov. Code § 66410
et. seq., "SMA") and implementing requirements in this code, except
as otherwise expressly provided in this section.
b.
If an urban lot split violates any part of the SMA, the City's
subdivision regulations, including this section, or any other legal
requirement:
1.
The buyer or grantee of a lot that is created by the urban lot
split has all the remedies available under the SMA, including but
not limited to an action for damages or to void the deed, sale, or
contract.
2.
The City has all the remedies available to it under the SMA,
including but not limited to the following:
A.
An action to enjoin any attempt to sell, lease, or finance the
property.
B.
An action for other legal, equitable, or summary remedy, such
as declaratory and injunctive relief.
C.
Criminal prosecution, punishable by imprisonment in county jail
or state prison for up to one year, by a fine of up to $10,000, or
both; or a misdemeanor.
D.
Record a notice of violation.
E.
Withhold any or all future permits and approvals.
c.
Notwithstanding section 66411.1 of the SMA, no dedication of
rights-of-way or construction of offsite improvements is required
for an urban lot split.
(2)
Zone. The lot to be split is in the LD (Low Density Residential
and Low Intensity Recreational) zone.
(3)
Lot Location.
a.
The lot to be split is not located on a site that is any of
the following:
1.
Prime farmland, farmland of statewide importance, or land that
is zoned or designated for agricultural protection or preservation
by the voters.
2.
A wetland.
3.
Within a very high fire hazard severity zone, unless the site
complies with all fire-hazard mitigation measures required by existing
fire and building code standards.
4.
A hazardous waste site that has not been cleared for residential
use.
5.
Within a delineated earthquake fault zone, unless all development
on the site complies with applicable seismic protection building code
standards.
6.
Within a 100-year flood hazard area, unless the site has either:
7.
Within a regulatory floodway, unless all development on the
site has received a no-rise certification.
8.
Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan.
9.
Habitat for protected species.
10.
Land under conservation easement.
b.
The purpose of subparagraph (e)(3)a above is merely to summarize
the requirements of Government Code section 65913.4(a)(6)(B)-(K).
(See Gov. Code § 66411.7(a)(3)(C).)
c.
The applicant must provide evidence that the requirements of
Government Code section 65913.4(a)(6)(B)—(K) are satisfied.
(4)
Not Historic. The lot to be split must not be a historic property
or within a historic district that is included on the State Historic
Resources Inventory. Nor may the lot be or be within a site that is
designated by ordinance as a City or county landmark or as a historic
property or district.
(6)
No Impact on Protected Housing.
a.
The urban lot split must not require or include the demolition
or alteration of any of the following types of housing:
1.
Housing that is income-restricted for households of moderate,
low, or very low income.
2.
Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
3.
Housing, or a lot that used to have housing, that has been withdrawn
from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7)
at any time in the 15 years prior to submission of the urban lot split
application.
4.
Housing that has been occupied by a tenant in the last three
years.
b.
As part of the urban lot split application, the applicant and
the owner of a property must provide a sworn statement by affidavit
representing and warranting that subparagraph (e)(6)a above is satisfied.
1.
The sworn statement must state that:
A.
No housing that is income-restricted for households of moderate,
low, or very low income will be demolished or altered.
B.
No housing that is subject to any form of rent or price control
will be demolished or altered.
C.
No housing that has been withdrawn from rental or lease under
the Ellis Act at any time in the last 15 years will be demolished
or altered.
D.
No housing that has been occupied by a tenant in the last three
years will be demolished or altered.
2.
The City may conduct its own inquiries and investigation to
ascertain the veracity of the sworn statement, including but not limited
to, surveying owners of nearby properties; and the city may require
additional evidence of the applicant and owner as necessary to determine
compliance with this requirement.
(8)
Easements.
a.
The owner must enter into an easement agreement with each public-service
provider to establish easements that are sufficient for the provision
of public services and facilities to each of the resulting lots.
b.
Each easement must be shown on the tentative parcel map.
c.
Copies of the unrecorded easement agreements must be submitted
with the application. The easement agreements must be recorded against
the property before the final map may be approved, in accordance with
subparagraph (d)(2) above.
d.
If an easement is recorded and the project is not completed,
making the easement moot, the property owner may request, and the
city will provide, a notice of termination of the easement, which
the owner may record.
(10)
Unit Standards.
a.
Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 9-5.701 of this Code, an ADU, or a JADU.
b.
Unit Size.
2.
A primary dwelling that was legally established prior to the
urban lot split and that is larger than 800 square feet is limited
to the lawful floor area at the time of the urban lot split. It may
not be expanded.
3.
A primary dwelling that was legally established prior to the
urban lot split and that is smaller than 800 square feet may be expanded
to 800 square feet after the urban lot split.
c.
Height Restrictions. New primary dwelling units are governed
by the height restriction imposed by the underlying zone. This height
restriction shall yield to the degree necessary to avoid physically
precluding the construction of up to two units on the lot or either
of the two units from being at least 800 square feet in floor area.
d.
Setbacks.
1.
Generally. All setbacks must conform to those objective setbacks
that are imposed through the underlying zone.
2.
Exceptions. Notwithstanding subparagraph (e)(10)d1 above:
A.
Existing Structures. No setback is required for an existing
legally established structure or for a new structure that is constructed
in the same location and to the same dimensions as an existing legally
established structure.
B.
800 sf; four-foot side and rear. The setbacks imposed by the
underlying zone must yield to the degree necessary to avoid physically
precluding the construction of up to two units on the lot or either
of the two units from being at least 800 square feet in floor area;
but in no event may any structure be less than four feet from a side
or rear property line.
3.
Front Setback Area. Notwithstanding any other part of this Code,
dwellings that are constructed after an urban lot split must be at
least 10 feet from the front property lines. The front setback areas
must:
e.
Parking. Each new primary dwelling unit that is built on a lot
after an urban lot split must have at least one off-street parking
space per unit unless one of the following applies:
f.
Architecture.
1.
If there is a legal primary dwelling on the lot that was established
before the urban lot split, any new primary dwelling unit must match
the existing primary dwelling unit in exterior materials, color, and
dominant roof pitch. The dominant roof slope is the slope shared by
the largest portion of the roof.
2.
If there is no legal primary dwelling on the lot before the
urban lot split, and if two primary dwellings are developed on the
lot, the dwellings must match each other in exterior materials, color,
and dominant roof pitch. The dominant roof slope is the slope shared
by the largest portion of the roof.
3.
All exterior lighting must be limited to down-lights.
g.
Landscaping.
1.
Tree Removal.
A.
No mature tree may be removed on a lot with any development
under this chapter unless removal is necessary to construct a dwelling
unit that must be allowed under state law.
B.
"Mature tree" means a tree with a diameter of six inches or
more or a height of eight feet or taller.
C.
A tree may only be removed under subparagraph (e)(10)g1A above
if it is replaced with at least two mature trees of the same type
and with a trunk diameter that is the same or larger than that of
the removed tree.
D.
If a certified arborist determines that there is not space on
the lot for a replacement tree that is required under subparagraph
(e)(10)g1C above, owner may pay the replacement cost of the tree.
2.
Evergreen landscape screening must be planted and maintained
between each dwelling and adjacent lots (but not rights of way) as
follows:
A.
At least one 15-gallon size plant shall be provided for every
five linear feet of exterior wall. Alternatively, at least one 24-inch
box size plant shall be provided for every ten linear feet of exterior
wall.
B.
Plant specimens must be at least six feet tall when installed.
As an alternative, a solid fence of at least six feet in height may
be installed.
C.
All landscaping must be drought-tolerant.
h.
Nonconforming Conditions. An urban lot split is approved without
requiring a legal nonconforming zoning condition to be corrected.
i.
Utilities.
1.
Each primary dwelling unit on the lot must have its own direct
utility connection to the utility service provider.
2.
Notwithstanding subparagraph (e)(10)i1 above, a primary dwelling
unit may have a direct utility connection to an onsite wastewater
treatment system in accordance with this paragraph and the City's
Code. Each primary dwelling unit on the lot that is or that is proposed
to be connected to an onsite wastewater treatment system must first
have a percolation test completed within the last five years or, if
the percolation test has been recertified, within the last 10 years.
3.
All utilities must be underground.
j.
Building & Safety. All structures built on the lot must
comply with all current local building standards. An urban lot split
is a change of use.
(11)
Fire-Hazard Mitigation Measures.
a.
A lot in a very high fire hazard severity zone must comply with
each of the following fire-hazard mitigation measures:
1.
It must have direct access to a public street right-of-way with
a paved street with a width of at least 20 feet. The public street
right-of-way must have at least two independent points of access for
fire and life safety to access and for residents to evacuate.
2.
All dwellings on the site must comply with current fire code
requirements for dwellings in a very high fire hazard severity zone.
3.
All enclosed structures on the site must have fire sprinklers.
4.
All sides of all dwellings on the site must be within a 150-foot
hose-pull distance from either the public street right-of-way or of
an onsite fire hydrant or standpipe.
5.
If the lot does not have a swimming pool, the lot must have
a water reservoir of at least 5,000 gallons per dwelling, with fire-authority
approved hookups compatible with fire-authority standard pump and
hose equipment.
b.
Prior to submitting an application for an urban lot split, the
applicant must obtain a certificate of compliance with all applicable
fire-hazard mitigation measures in accordance with this subparagraph
(e)(11). The City or its authorized agent must inspect the site, including
all structures on the site, and certify as to its compliance. The
certificate must be included with the application. The applicant must
pay the City's costs for inspection. Failure to pay is grounds
for denying the application.
(12)
Separate Conveyance.
a.
Within a resulting lot.
1.
Primary dwelling units on a lot that is created by an urban
lot split may not be owned or conveyed separately from each other.
2.
Condominium airspace divisions and common interest developments
are not permitted on a lot that is created by an urban lot split.
3.
All fee interest in a lot and all dwellings on the lot must
be held equally and undivided by all individual property owners.
4.
No timeshare, as defined by state law or this Code, is permitted.
This includes any co-ownership arrangement that gives an owner the
right to exclusive use of the property for a defined period or periods
of time.
b.
Between resulting lots. Separate conveyance of the resulting
lots is permitted. If dwellings or other structures (such as garages)
on different lots are adjacent or attached to each other, the urban
lot split boundary may separate them for conveyance purposes if the
structures meet building code safety standards and are sufficient
to allow separate conveyance. If any attached structures span or will
span the new lot line, the owner must record appropriate CC&Rs,
easements, or other documentation that is necessary to allocate rights
and responsibility between the owners of the two lots.
(13)
Regulation of Uses.
a.
Residential-only. No non-residential use is permitted on any
lot created by urban lot split.
b.
No STRs. No dwelling unit on a lot that is created by an urban
lot split may be rented for a period of less than 30 days.
c.
Owner Occupancy. The applicant for an urban lot split must sign
an affidavit stating that the applicant intends to occupy one of the
dwelling units on one of the resulting lots as the applicant's
principal residence for a minimum of three years after the urban lot
split is approved.
(14)
Notice of Construction.
a.
At least 30 business days before starting any construction of
a structure on a lot created by an urban lot split, the property owner
must give written notice to all the owners of record of each of the
adjacent residential parcels, which notice must include the following
information:
b.
This notice requirement does not confer a right on the noticed
persons or on anyone else to comment on the project before permits
are issued. Approval is ministerial. Under state law, the City has
no discretion in approving or denying a particular project under this
section. This notice requirement is purely to promote neighborhood
awareness and expectation.
(15)
Deed Restriction. The owner must record a deed restriction on
each lot that results from the urban lot split, on a form approved
by the City, that does each of the following:
a.
Expressly prohibits any rental of any dwelling on the property
for a period of less than 30 days.
b.
Expressly prohibits any non-residential use of the lots created
by the urban lot split.
c.
Expressly prohibits any separate conveyance of a primary dwelling
on the property, any separate fee interest, and any common interest
development within the lot.
(f)
Specific Adverse Impacts.
(1)
Notwithstanding anything else in this section, the city may
deny an application for an urban lot split if the building official
makes a written finding, based on a preponderance of the evidence,
that the project would have a "specific, adverse impact" on either
public health and safety or on the physical environment and for which
there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
(2)
"Specific adverse impact" has the same meaning as in Gov. Code
§ 65589.5(d)(2): "a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete" and does not include
(1) inconsistency with the zoning ordinance or general plan land use
designation, or (2) the eligibility to claim a welfare exemption under
Revenue and Taxation Code section 214(g).
(3)
The building official may consult with and be assisted by planning
staff and others as necessary in making a finding of specific, adverse
impact.
(g)
Coastal Regulations Apply in Full. Nothing in this section alters
or lessens the effect or application of the California Coastal Act.