Chapter 9.54 LAND DIVISIONS

§ 9.54.010 General Provisions and Responsibilities.

Citation and Authority. This Chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seq., and may be cited as the subdivision ordinance of the City of Santa Monica.

Purpose. It is the purpose of this Chapter to regulate and control the division of land within the City of Santa Monica and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey date of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and procedures to be followed in securing the official approval of the Advisory Agency and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote and implement the General Plan. The requirements of this Chapter are in addition to other requirements of the City of Santa Monica.

Conformity to General Plan, Specific Plan and Zoning Ordinances. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City of Santa Monica or authorized by the comprehensive land use ordinance of the City.

Application. The regulations set forth in this Chapter apply to all subdivisions or parts thereof within the City of Santa Monica and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of Santa Monica shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required.

Definitions. The following words or phrases as used in this Chapter shall have the following meanings:

Advisory Agency.

A designated official or an official body charged with the duty of making investigations or reports on the design improvements of proposed divisions of real property.

Air Space Lot.

A division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, accessory buildings or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final subdivision or parcel map recorded in the office of the County Recorder.

Block.

The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the other exterior boundary or boundaries of the subdivision.

Community Apartment.

A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment.

Condominium.

An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Conversion.

The creation of separate ownership of existing improved real property together with a separate inters in space of residential, industrial or commercial buildings thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment.

Cooperative Apartment.

Pursuant to the City's authority to regulate subdivisions not regulated by the Subdivision Map Act as authorized by Government Code Section 66411, a project of more than four units in which an undivided interest in land is coupled with the exclusive right of occupancy to of any apartment located thereon, whether such right is contained in the form of a written or oral agreement, when such right does not appear on the face of the deed.

Design.

Street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or other recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Final Map.

A map showing a subdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the County Recorder.

Final Parcel Map.

A final map for a parcel.

General Plan.

The General Plan of the City of Santa Monica.

Improvement.

Street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure conformity to or implementation of the General Plan or any adopted specific plan.

Lot.

A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.

Lot Line Adjustment.

A lot line adjustment between adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.

Merger.

The joining of 2 or more contiguous parcels of land under one ownership into one parcel.

Parcel Map.

A map showing a division of land of 4 or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act.

Peripheral Street.

An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

Remainder.

That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

Stock Cooperative.

Corporation as defined in Business and Professions Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation.

Subdivider.

A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities acting in such capacity, are not "subdividers."

Subdivision.

The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section 1351(f), a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herein or in California Civil Code Section 1351(m), a cooperative apartment as defined herein, or 2 or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein.

Subdivision Map.

See Final Map.

Subdivision Map Act.

The Subdivision Map Act of the State of California.

Tentative Map.

A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

Zoning Ordinance.

Divisions 1 through 5 of Article 9 of the Municipal Code.

City Attorney. The City Attorney shall be responsible for approving as to form all CC&Rs, subdivision improvement agreements, and subdivision improvement securities.

City Council. The City Council shall have the following responsibilities:

The City Council shall have final jurisdiction in the approval of final subdivision and parcel maps and improvement agreements and the acceptance of the City of such land and/or improvements as may be proposed for dedication to the City.

Except for projects approved pursuant to Section 9.54.140, the City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative maps and the approval or denial of extensions.

The City Council shall establish by resolution reasonable fees for the processing of maps and for other procedures required by or authorized by this Chapter or the Subdivision Map Act.

Except for projects approved pursuant to Section 9.54.140, the City Council shall approve or deny applications for a stay of expiration of tentative subdivision or parcel maps pursuant to Section 9.54.090(C).

City Engineer. The City Engineer shall have the following responsibilities:

Establishing design and construction details, standards, and specifications;

Determining if proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act;

The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certificates of compliance;

The inspection and approval of subdivision improvements;

The acceptance of private improvements.

Planning Commission. Except as provided in subsection J, below, the Planning Commission is designated as the Advisory Agency and shall be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions.

Director of the Community Development Department. The Director of the Community Development Department (Director), or designee shall:

Investigate proposed subdivisions for conformity to the General Plan, specific plans, and zoning ordinances of the City and reporting his or her findings, together with recommendation for approval, conditional approval or denial to the Planning Commission and City Council; and

For projects approved pursuant to Section 9.54.140, serve as Advisory Agency and be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 49, adopted June 14, 2016; Ord. No. 2814CCS, 5/27/2025)

§ 9.54.020 Maps Required.

General. The necessity for tentative subdivision maps, final subdivision maps, tentative parcel maps and final parcel maps shall be governed by the provisions of this Section 9.54.020 and the Subdivision Map Act.

Five or More Parcels. A tentative subdivision map and final subdivision map shall be required for all divisions of land into 5 or more parcels, 5 or more condominiums as defined in Civil Code Section 783, a community apartment project containing 5 or more units, a stock cooperative containing 5 or more units, a cooperative apartment containing 5 or more units, or an air space subdivision containing 5 or more lots.

Four or Less Parcels. A tentative parcel map and final parcel map shall be required for all divisions of land which create four or less parcels, four or less condominiums as defined in Civil Code Section 783, a community apartment project containing four or less units, a stock cooperative containing four or less units, or a cooperative apartment containing four or less units, or an air space subdivision containing four or less lots.

Maps Not Required. A tentative or final map shall not be required for any of the following:

Divisions of land created by short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230, provided, however, that upon a showing made to the City Engineer based upon substantial evidence that public policy necessitates such a map, this exception shall not apply;

A lot line adjustment between four or fewer existing adjoining parcels, provided:

No additional parcels or building sites have been created,

The adjustment does not create the potential to further divide either of the 2 parcels into more parcels than would have been otherwise possible,

There are no resulting violations of the Santa Monica Municipal Code;

Land conveyed to or from a public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such a public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map;

When the parcel map is waived as provided by Section 9.54.050(G), a plot map in a form as required by the City Engineer, and a certificate of compliance in accordance with Section 9.54.050(H) shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers;

The voluntary merger of existing adjoining parcels as provided by Section 9.54.110.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.030 Tentative Subdivision Maps.

General. The form and contents, submittal, and approval of tentative subdivision maps shall be governed by the provisions of this Section 9.54.030 and the Subdivision Map Act.

Form and Contents. The tentative subdivision map shall be prepared by a registered civil engineer or licensed land surveyor and shall be clearly and legibly drawn and contain not less than the following:

A title which shall contain the subdivision number, subdivision name, and type of subdivision;

Name and address of legal owner, subdivider, and person preparing the map (including registration number);

Sufficient legal description to define the boundary of the proposed subdivision;

Date, north arrow, scale and contour interval;

Existing and proposed land use;

A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community;

Existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited to:

Existing contours at 2 feet intervals if the existing ground slope is less than 10% and at not less than 5 feet intervals for existing ground slopes equal to or greater than 10%. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.

Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse.

The location, pavement and right-of-way width, grade and name of existing streets or highway.

The widths, location and identity of all existing easements.

The location and size of existing sanitary sewers, water mains and storm drains. The approximate size of existing sewers and storm drains shall be indicated. The location of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets.

The approximate location of the 60, 65 and 70 CNEL (Community Noise Equivalent Level) contours, if any.

Proposed improvements to be shown shall include, but not be limited to:

The location, grade, centering radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets shall be shown.

The location and radius of all curb returns and cul-de-sacs.

The location, width, and purpose of all easements.

The angle of intersecting streets if such angle deviates from a right angle more than four degrees.

The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot.

Proposed contours at 2 feet intervals shall be shown if the existing ground slope is less than 10% and not less than 5 feet intervals for existing ground slopes greater than or equal to 10%. A separate grading plan may be submitted.

Proposed recreation sites, trails, and parks for private or public use.

Proposed commons areas to be dedicated to public open space.

The location and size of sanitary sewers, water mains or storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

10.

The source and date of existing contours;

11.

All letter size shall be one-eighth inch minimum;

12.

If the subdivider plans to develop the site as shown on the tentative map in units, then the subdivider shall show the proposed units and their proposed sequence of construction on the tentative map;

13.

The Director may waive any of the foregoing tentative subdivision map requirements whenever he or she finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The Director may require other such drawings, data or other information as deemed necessary.

Accompanying Data and Reports. The tentative subdivision map shall be accompanied by the following data or reports:

Title Report. A preliminary title report dated within the last three months prior to the submittal date, showing the legal owners at the time of filing the tentative subdivision map.

Environmental Impact Study. The various time limits set forth in this Chapter for taking action on tentative subdivision maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

Housing Element Compliance Plan. A plan for complying with any requirements of the Housing Element.

Building Plans and Elevations.

Landscape Plan.

Condominium Specification Checklist.

CC&Rs.

Tenant Displacement List.

Tenants' Notice of Intent to Convert.

10.

Notice of Intent to Convert.

11.

Building Condition and History Report.

12.

Conversion Report.

13.

Energy Conservation Plan.

14.

Application for Conditional Use Permit.

15.

Radius Map, Mailing List.

16.

Preliminary Soil Report. A preliminary soil report as required by Health and Safety Code Section 17953. The Building Officer may waive this requirement upon a determination that no preliminary analysis is necessary because of the knowledge of the Building Officer as to soil qualities of soil of the proposed subdivision or lot.

17.

Other Reports. Any other data or reports deemed necessary by the Director.

Submittal and Processing of Tentative Subdivision Maps. The tentative subdivision map shall be accepted for filing only when such map conforms to Section 9.54.030(B) and when all accompanying data or reports as required by Section 9.54.030(C) have been submitted and accepted by the Director. The Director shall accept or reject such maps for filing in writing within thirty days of the date of submittal. Any map which is rejected for filing shall specify the reasons for the rejection. The time periods for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director the number of tentative maps that the Director deems necessary.

Approval. The tentative subdivision map shall be approved, conditionally approved, or denied in accordance with the procedures set forth in Section 9.54.070.

Vesting Tentative Map.

A "vesting tentative map" is a tentative map as defined in this Chapter which shall have printed conspicuously on its face the words "Vesting Tentative Map" and which is processed in accordance with this Section.

Whenever a tentative map is required by this Chapter, a vesting tentative map may be filed instead. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

A vesting tentative map shall be processed in the manner provided in Section 9.54.030(D) and (E) of this Chapter. A vesting tentative map shall be filed in the same form and with the same content as provided in Section 9.54.030(B) and (C) of this Chapter except that the words "Vesting Tentative Map" shall be conspicuously printed on the face thereon.

A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of the date the application for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code Section 66474.2. If Government Code Section 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. Approval of a vesting tentative map shall in no way limit or diminish the authority of the City to deny or impose reasonable conditions in conjunction with subsequent approvals relating to the project provided the City applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map.

Notwithstanding subsection (5), the City may condition or deny a permit, approval, extension, or entitlement for use based upon ordinances, policies and standards enacted subsequent to the time the vesting tentative map is approved or conditionally approved if any of the following are determined:

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.

The condition or denial is required in order to comply with State or Federal law.

The rights referred to in this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. After the final map is approved, the rights referred to in this Section shall apply for the following time periods:

An initial time period of one year after recordation 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.

The initial time period provided in subsection (7)(a) shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if the time to process application exceeds thirty days from the date a complete application is filed.

A subdivider may apply to the Planning Commission for a one-year extension at any time prior to the expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City Council within fifteen days.

If the subdivider submits a complete application for a building permit during the time period provided in this Section, the vested right to proceed shall be extended until the expiration of the building permit or any extension of that permit granted by the City.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned upon the subdivider obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with development in substantial compliance with the change in the zoning ordinance and the map as approved.

Notwithstanding any provision of this Section, a property owner or designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in subsection (5), the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 50, adopted June 14, 2016)

§ 9.54.040 Final Subdivision Maps.

General. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of this Section 9.54.040 and the Subdivision Map Act. The final subdivision map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

Survey Required.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

At the time of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the City Engineer.

Form. The form of the final subdivision map shall conform to the Subdivision Map Act and as set forth below:

The final subdivision map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record of black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals one hundred feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheets are used, a key sheet will be included.

All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

The final form of the final subdivision map shall be as approved by the City Engineer.

Contents. The contents of the final subdivision map shall conform to the Subdivision Map Act and as set forth below:

Boundary. The boundary of the subdivision shall be designated by a heavy black line in such manner as not to obliterate figures or other data.

Title. Each sheet shall have a title showing the subdivision number and name and location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In the City of Santa Monica."

Certificates. The following certificates shall appear only once on the cover sheet.

Owner's Certificate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, other interests which cannot ripen into a fee, or other exceptions provided by the Subdivision Map Act, and consenting to the preparation and recordation of the final subdivision map and offering for dedication to the public certain specific parcels of land.

Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final subdivision map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final subdivision map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such position on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The certificate shall be in the form required by the Subdivision Map Act.

City Engineer's Certificate. A certificate by the City Engineer stating that the final subdivision map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act and the provisions of the Chapter, and is technically correct. The City Engineer shall not execute such certification until receiving a report from the Director of Planning of compliance with all conditions of the tentative subdivision map. The certification shall be conditional on the City Council finding that all conditions of the tentative subdivision map have been complied with.

City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council approving the final subdivision map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

County Recorder's Certificate. A certificate to be executed by the County Recorder stating that the final subdivision map has been accepted for filing, that the final subdivision map has been examined and that it complies with the provisions of State laws and local ordinances governing the filing of final subdivision maps.

The certificate shall show who requested the filing of the final subdivision map, the time and date the map was filed and the book and page where the map was filed.

County Clerk's Certificate. A certificate to be executed by the County Clerk stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County.

Scale, North Arrow and Basis of Bearings. There must appear on each map sheet the scale, the north arrow and the basis of bearings in relation to a previously recorded final map. The basis of bearings shall be approved by the City Engineer.

Linear, Angular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the final subdivision map.

Monuments. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from off-sets as approved by the City Engineer) the following locations:

The intersection of street centerlines.

Beginning and end of curves in centerlines.

At other locations as may be required by the City Engineer.

Lot Numbers. Lot numbers shall begin with the number 1 in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final subdivision map, unless approved by the City Engineer.

City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

10.

Easements.

Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the final subdivision map. If at the time the final subdivision map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

All easements of record shall be shown on the final subdivision map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serial number and date, or book and page of official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the final subdivision map, identifying the apparent dominant tenements for which the easements were created.

The sidelines of all easements of record shall be shown by dashed lines on the final subdivision map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

11.

Subdivision Improvement Agreements. If, at the time of approval of the final map, any public improvements required pursuant to this Chapter have not been completed and accepted in accordance with the conditions of the tentative map, the subdivider shall enter into an agreement with the City to either complete the improvements at the subdividers expense or to create a special assessment for the financing and completion of such improvements. The City shall require a security guarantee for the completion of any such improvements.

12.

For subdivisions of air space, an exploded isometric view of all air space lots shall be provided. Also section details, including vertical limits for all lots and public easements within the subdivision shall be furnished.

Preliminary Submittal for City Approval. The subdivider shall submit the final subdivision map to the City Engineer for checking. The preliminary submittal shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer:

Improvement Plans. Improvement plans as required by the Planning Commission or City Council.

Title Report. A title report dated within the last three months prior to the submittal date, showing the legal owners at the time of submittal of the final subdivision map.

Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final subdivision map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

Joint Use of Right-of-Way Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights-of-way consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the right of the public in the road.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed one part in twenty thousand.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

Organization Documents. The submittal of the final subdivision map shall include the proposed Declaration of Covenants, Conditions and Restrictions, and all other organizational documents for the subdivision in a form as prescribed by Civil Code Section 1355.

Any additional data, reports or information as required by the City Engineer. All documents shall be subject to review by the City Engineer and City Attorney.

City Engineer's Review. Upon completing the preliminary check the City Engineer shall note the required corrections, if any, on the preliminary submittal, reports and data. The submittal shall be marked as approved as submitted, approved when corrected as noted, or revise and resubmit and shall be returned to the subdivider's engineer.

Resubmittal. The subdivider's engineer shall submit the revised and corrected map, reports and data to the City Engineer.

Approval by the City Engineer and Planning Director. Upon receipt of an approved print, the subdivider shall submit to the City Engineer the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this Chapter and corrected to its final form, and signed by all parties required by the Subdivision Map Act and this Chapter to execute the certificate on the map. The City Engineer shall sign the appropriate certificates and notify the Director that the map has been approved. The original tracing will be held by the City Engineer until Council approves the map.

Approval. The final map shall be approved or denied in accordance with procedures set forth in Subchapter 9.54.080.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 51, adopted June 14, 2016)

§ 9.54.050 Tentative Parcel Maps.

General. The form and contents, submittal, and approval of tentative parcel maps shall conform to the provisions of this Section 9.54.050 and the Subdivision Map Act. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor.

Form. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be approved by the City Engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be approved by the City Engineer.

Content. The tentative parcel map shall show the following information:

Name and address of legal owner, subdivider, and the person preparing the map (including registration number). The engineer or surveyor responsible for the preparation of the map shall certify that all monuments are or will be set on or before a specified date.

Assessor's parcel number.

Date prepared, north arrow, scale and contour interval.

Existing and proposed land use.

Title.

A vicinity map, sufficient to show the relation to the local community.

Existing topography of the site and at least one hundred feet from its boundary, including, but not limited to:

Existing contours at 2 feet intervals, if the existing ground slope is less than 10% and not less than 5 feet intervals for existing ground slopes greater than or equal to 10%. Existing contours shall be represented by screened or dashed lines.

Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse.

The location, pavement, and right-of-way width, and grade and name of existing streets or highways.

Location and type of street improvements.

The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets.

The location, width, and identity of existing easements.

Any improvements proposed by the owner shall be shown.

If the site is to be graded, proposed contours shall be shown or on an approved grading plan.

10.

The proposed lot layout and lot areas.

11.

Proposed easements or rights-of-way.

12.

The source and date of existing contours.

13.

A preliminary report of title showing the current vested owner and dated within three months of the application.

14.

A soils and/or engineering geology report may be required by the City Engineer.

Accompanying Data and Reports. The tentative parcel map shall be accompanied by the following data or reports:

Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative parcel map.

Environmental Impact Study. The various time limits set forth in this Chapter for taking action on tentative parcel maps shall not be deemed to commence until the parcel is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

Housing Element Compliance Plan. A plan for complying with any requirements of the Housing Element.

Building Plans and Elevations.

Landscape Plan.

Condominium Specification Checklist.

CC&Rs.

Tenant Displacement List.

Tenants' Notice of Intent to Convert.

10.

Notice of Intent to Convert.

11.

Building Condition and History Report.

12.

Conversion Report.

13.

Energy Conservation Plan.

14.

Application for Conditional Use Permit.

15.

Radius Map, Mailing List.

16.

17.

Other Reports. Any other data or reports deemed necessary by the Director of Planning.

Submittal and Processing of Tentative Parcel Maps. The tentative parcel map shall be accepted for filing only when such map conforms to Section 9.54.050(C) and when all accompanying data or reports required by Section 9.54.050(D) have been submitted and accepted by the Director. The Director shall accept or reject such maps for filing within 15 days of the date of submittal. Any map which is rejected for filing shall specify the reasons for rejection. The time period for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director the number of tentative parcel maps that the Director deems necessary.

Approval. The tentative map shall be approved, conditionally approved, or denied in accordance with the procedures set forth in Section 9.54.070.

Waiver of Parcel Map. The Planning Commission may waive the requirements for a tentative and final parcel map when it is demonstrated that the waiver is consistent with the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, community apartment project, or cooperative apartment, whether created by new construction or conversion. The decision of the Planning Commission shall not be appealable.

Procedure for Waiver of Parcel Maps. The following procedure shall be followed for the waiver of a parcel map:

A subdivider shall submit a Request for Waiver of Parcel Map which shall set forth the manner in which the proposed division is consistent with the purpose of this Chapter and the General Plan.

A subdivider shall also submit a plot map of the proposed division which shall contain a detailed survey of all affected parcels. The content of the plot map shall be determined by the City Engineer.

The Director of Planning shall review the Request for Waiver of Parcel Map and shall set the matter for public hearing before the Planning Commission as provided in Section 9.54.070(A).

The Planning Commission shall approve, conditionally approve or deny the Request for Parcel Map Waiver after the contents of the plot map have been approved by the City Engineer.

If the Planning Commission approves or conditionally approves the Request for Parcel Map Waiver, a Certificate of Compliance shall be executed. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this Chapter. Upon making such a determination the City shall cause the Certificate of Compliance to be filed for record with the County Recorder's Office.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 52, adopted June 14, 2016)

§ 9.54.060 Final Parcel Maps.

Final Parcel Maps. The form and contents, submittal, approval and filing of parcel maps shall conform to the provisions of this Section 9.54.060 and the Subdivision Map Act. The final parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed one part in 1/10,000 for field closures and one part in 1/20,000 for calculated closures.

Form and Content. The form and content of the final parcel map shall conform to the requirements for final subdivision maps as specified by Section 9.54.040(C) and (D) of this Chapter (except that any reference therein to a final subdivision map shall refer to a final parcel map). Lots shall be designated by letters commencing with "A".

Preliminary Submittal for City Approval. The subdivider shall submit the final parcel map to the City Engineer for checking. The preliminary submittal shall be accompanied by the following data, plans, reports and documents in a form as approved by the City Engineer:

Improvement Plans. Improvement plans as required by the Planning Commission or City Council.

Title Report. A title report dated within three months of the submittal showing the legal owners at the time of submittal of the final parcel map.

Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final parcel map. Written evidence acceptable to the City in the form of rights of entry or permanent easements across private property outside of the parcel permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines. The error of field closures in the traverse around the parcel and around the interior lots or blocks shall not exceed one part in 1/20,000.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

Organization Documents. The submittal of the final parcel map shall include the proposed Declaration of Covenants, Conditions and Restrictions, and all other organizational documents for the subdivision in a form as prescribed by Civil Code Section 1355.

Any additional data, reports or information as required by the City Engineer. All documents shall be subject to review by the City Engineer and City Attorney.

City Engineer's Review. Upon completing the preliminary check the City Engineer shall note the required corrections, if any, on the preliminary submittal, reports and data. The submittal shall be marked approved as submitted, approved when corrected as noted, or revise and resubmit and shall then be returned to the subdivider's engineer.

Resubmittal. The subdivider's engineer shall submit the revised and corrected map, reports and data to the City Engineer.

Approval of Final Parcel Map. A final parcel map shall be approved or denied in accordance with the procedures set forth in Section 9.54.080.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 53, adopted June 14, 2016)

§ 9.54.070 Procedures for Approval of Tentative Maps.

Notice of Public Hearings.

Upon receipt of a valid application and upon receipt of the report and recommendations for the proposed tentative map by the Director, the Secretary of the Planning Commission shall set the matter for public hearing. At least 10 calendar days before the public hearing, the Secretary shall cause notice to be given of the time, date and place of said hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved. Notice shall be given as follows:

Notice shall be published at least once in a newspaper of general circulation, published and circulated in the City.

Notice shall be given by mail or delivery to all property owners and tenants, including businesses, corporations or other public or private entities, within 300 feet of the property which is the subject of the application.

In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Subdivision Map Act.

In the event that the application has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, notice shall be mailed to the property owner.

Notice shall be given by first class mail to any person who has filed a written request with the Secretary of the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The City may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

The failure to receive notice by any person entitled thereto by law or by this Chapter does not affect the validity of any action taken pursuant to the procedures set forth in this Chapter.

Planning Commission Action. The Planning Commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the City Council and the subdivider within 50 days after the tentative map has been accepted for filing. Any report or recommendation on a tentative map by the staff shall be in writing and a copy thereof served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least 3 days prior to any hearing or action on such map by such advisory agency or legislative body.

Approval.

In approving or conditionally approving the tentative map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the City of Santa Monica.

If no action is taken by the Planning Commission within the required time limit, as specified in the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances, and it shall be the duty of the City Clerk to certify the approval. A tentative map which is deemed approved by the failure of the Planning Commission to act within the required time limit is subject to an appeal within 10 days of the date the tentative map is deemed approved.

Denial. The tentative map may be denied by the Planning Commission on any of the grounds provided by City ordinances or the Subdivision Map Act. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

The proposed map is not consistent with applicable general and specific plans as specified in Government Code Section 65451.

The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

The site is not physically suitable for the type of development.

The site is not physically suitable for the proposed density of development.

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision or the type of improvement is likely to cause serious public health problems.

The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previous acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

The proposed subdivision is inconsistent with any ordinance or law of the City of Santa Monica.

Report to City Council. If a tentative map is approved or conditionally approved, including approval by failure of the Planning Commission to act within the time required by law, the Director shall make a written report to the City Council within 5 days of such approval.

Extension of Time for Planning Commission or City Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission or the City Council.

Appeal.

By Subdivider. If the subdivider disagrees with any action by the Planning Commission with respect to the tentative map, the subdivider may, within 10 days of such decision file an appeal in writing with the City Clerk. The City Council shall consider the appeal within 30 days after the date of filing the appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to Section 9.54.070(A). In addition, notice shall be given to the subdivider and the Planning Commission. Upon conclusion of the public hearing, the City Council shall within 10 days declare its findings. The City Council may sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this Chapter or the Subdivision Map Act.

By Interested Persons. Any interested person, including a member of the Planning Commission or City Council, may file a complaint in writing with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within 10 days after the action which is the subject of the complaint. No complaint may be filed after the 10 day period. Within 10 days, or the next regular City Council meeting following the filing of the complaint, whichever is later, the City Council may, at its discretion, reject the complaint or set the matter for hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for public hearing, a public hearing shall be held within 30 days after filing of the complaint pursuant to the procedures contained in Section 9.54.070(A) with additional notice being given to each person filing a complaint. For purposes of this Chapter, interested person includes any resident of the City of Santa Monica.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.080 Procedures for Approval of Final Maps.

Approval by City Council.

The final map together with the subdivision improvement agreement, shall be placed on the City Council agenda for its approval. The City Council shall consider the final map for approval at its next regular meeting after the meeting at which it receives the map prepared in accordance with this Chapter. The City Council shall have approved any subdivision improvement agreement before approving the final map.

If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the City Manager to execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map does not meet the requirements of the Subdivision Map Act or this Chapter, the City Council shall deny the final map without prejudice to the subdivider resubmitting a final map in compliance with the Subdivision Map Act and this Chapter.

Denial by the City Council. The City Council shall not deny approval of the final map if it finds that the final map is in substantial compliance with the previously approved tentative map.

Filing with the County Recorder. Upon approval of the final map by the City Council and receipt of the improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder.

Submittal by Units. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that the subdivider, at the time the tentative map is filed, informs the Director of Planning of the subdivider's intention to file multiple final maps on the tentative map. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple maps. However, the Planning Commission shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subdivision number. The subdivision improvement agreement to be executed by the subdivider shall provide for the construction of such improvements as may be required to constitute a logical and orderly development of the whole subdivision by units.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 54, adopted June 14, 2016)

§ 9.54.090 Expiration, Extensions, and Amendments.

Expiration.

An approved or conditionally approved tentative map shall expire:

For tentative maps valid as of January 6, 2025: 48 months after approval or conditional approval;

For tentative maps valid as of January 6, 2025 that have been previously extended: 48 months after approval or conditional approval, inclusive of any previously-granted extensions; or

For all other tentative maps: 24 months after its approval or conditional approval.

The period of time specified in subsection (A)(1) shall not include any period of time specified in Government Code Section 66452.6(b).

The period of time specified in subsection (A)(1) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved pursuant to Section 9.54.090(C) of this Chapter.

The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Government Code Section 66457 without first processing a new tentative map. Once a timely filing is made, subsequent actions may lawfully occur after the date of expiration of the tentative map.

Extensions.

Application. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission or City Council on appeal for a period or periods not exceeding a total of 3 years.

Request by Subdivider. The subdivider or his/her engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning. The application shall be filed not less than 60 days before the map is to expire and shall state the reasons for requesting the extension.

Planning Commission Action. The Director of Planning shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Director of Planning's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative map. The Planning Commission shall act upon the request within 30 days of the filing of the written application.

Time Limit of Extension. The approved extension shall not exceed 3 years.

Appeal. The subdivider or any interested person may appeal any action of the Planning Commission on the extension to the City Council within 10 days of such action. The City Council shall act upon the appeal within 20 days.

Stay of Expiration. The subdivider may apply to the City Council for a stay of the expiration of a tentative subdivision or parcel map provided an application is filed pursuant to this Section within 10 days of the service of the initial petition or complaint in a lawsuit involving the approval or conditional approval of a tentative subdivision or parcel map. Upon receipt of a valid application, a public hearing will be conducted pursuant to Section 9.54.070(A) within 40 days and the City Council shall either stay the expiration of the tentative map for up to 5 years or deny the requested stay.

Amendments to Approved Tentative Map. Minor changes in the tentative map may be approved by the Director of Planning upon application by the subdivider or on the initiative of the Director, provided:

No lots, units or building sites are added.

Such changes are consistent with the intent and spirit of the original tentative map approval.

There are no resulting violations of the Santa Monica Municipal Code. Any revision shall be approved by the Director of Planning and the City Engineer. The amendment shall be indicated on the approved map and certified by the Director of Planning and the City Engineer. Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with Section 9.54.070. Any approved amendment shall not alter the expiration date of the tentative map.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2814CCS, 5/27/2025)

§ 9.54.100 Standards for Decisions.

Nondiscrimination. All tentative maps shall be conditioned upon the Declaration of Covenants, Conditions, and Restrictions containing a nondiscrimination clause in substantially the following form:

"No unit owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her unit on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children. A condominium association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, pregnancy, marital status, family composition, or the potential or actual occupancy of minor children."

Air Space Subdivision. For air space subdivisions, minimum lot size, lot dimension and lot area requirements, parking requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property shall be determined for the air space lots as if all lots in the air space subdivision were merged into the same lot. All tentative maps crating air space lots, other than condominiums, community apartments, or cooperative apartments, shall be conditioned upon the recordation, prior to final map approval, of deed restrictions, or other instruments in a form acceptable to the City Attorney, which:

Ensure that the air space lots have access to appropriate public rights-of-way by means of one or more easements or other entitlements to use, in a form satisfactory to the City Engineer; and

Restrict each lot so that minimum lot size, dimension and area requirements, parking requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property are determined for the air space lots as if all lots in the air space subdivision were merged into the same lot.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.110 Voluntary Merger.

Applicability. Pursuant to the provisions of California Government Code Section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property under common ownership may be authorized by the City Engineer and filed for record by the County Recorder only where the City Engineer makes all of the following findings:

The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them;

The merger will not alter the exterior boundary of the parcels to be merged;

The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the City Engineer, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of Final Maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent;

All necessary fees and requirements, including a fee for recording the document have been provided;

The merger shall not create a parcel that exceeds the lot consolidation size limit established in Section 9.21.030(B)(1) for the zone district in which the parcel is created.

Concurrent Filing of Record of Survey. Where a record of survey is deemed to be necessary by the City Engineer or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.

Merger of Parcels. The filing of the merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.

Recording of Merger Without Approval Prohibited. No person shall record a document merging separate legal parcels into a single legal parcel for the purposes of the Subdivision Map Act and local Ordinances enacted pursuant thereto except in conformity with the provisions of this Chapter.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.120 Fees.

The City Council shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.130 Certificates of Compliance and Conditional Certificates of Compliance.

Purpose and Intent.

Certificates of Compliance. This Division provides procedures for the filing, processing, and approval or denial of applications for Certificates of Compliance, consistent with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Conditional Certificates of Compliance. This Division provides procedures for the filing, processing, and approval, approval with conditions or denial of applications for Conditional Certificates of Compliance, consistent with the policies and standards of the General Plan, Divisions I through VI of Article 9 of the Santa Monica Municipal Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Application Filing and Review.

Who May Apply. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a Certificate of Compliance or Conditional Certificate of Compliance.

Certificate of Compliance. An application for a Certificate of Compliance shall be filed with the City Engineer.

Conditional Certificate of Compliance. Upon the City Engineer's determination that the Certificate to be recorded is required to be a Conditional Certificate of Compliance, an application for a Conditional Certificate of Compliance shall be filed with the Planning and Community Development Department.

Contents of Application.

Certificate of Compliance. An application for a Certificate of Compliance shall be filed on a City Engineer's application form, together with required fees and/or deposits, and all other information and materials as identified in the City Engineer's application for a Certificate of Compliance.

Conditional Certificate of Compliance. An application for a Conditional Certificate of Compliance shall be filed with the Planning and Community Development Department in compliance with the following:

Application Contents. Each application for a Conditional Certificate of Compliance together with required fees and/or deposits, shall be filed with the Planning Director on a Planning and Community Development Department application form, together with required fees and/or deposits, and all other information and materials as identified in the Planning and Community Development Department application for the Conditional Certificate of Compliance. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Planning Director.

Application Fees.

Timing of Payment. Required fees and/or deposits shall be paid at the time of filing the application with the Planning Director and no processing shall commence until the fee/deposit is paid.

ii.

Refunds and Withdrawals. The required application fees and/or deposits cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Planning Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

Filing and Acceptance of an Application. An application is considered to be filed after it has been accepted for processing by the Planning and Development Department and required fees and/or deposits have been paid. The Planning Director shall review each application for receipt of all submittal requirements and accuracy prior to acceptance of the application. The Planning Director's acceptance of an application for processing shall be based on the Planning and Development Department's required application contents (see subsection (C)(2)(a), above).

Environment Information. After an application has been accepted as complete, the Planning Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the requirements of the California Environmental Quality Act and its Guidelines.

Referral of Application. At the discretion of the Planning Director, or where otherwise required by the Santa Monica Municipal Code, or State or Federal law, an application may be referred to any County department or public agency that may be affected by or have an interest in the application.

Right of Entry/Inspection. Every applicant seeking a Conditional Certificate of Compliance in compliance with this Chapter shall allow City staff involved in the review of the application access to any premises or property which is the subject of the application at all reasonable times.

Coastal Development Permit Requirement. If an application for a Conditional Certificate of Compliance is submitted for property located in the Coastal Zone, then an application for a Coastal Development Permit shall be processed and approved by the appropriate decision-maker before the Conditional Certificate of Compliance application may be approved and filed for record with the County Recorder.

Processing of Application.

In General. After receipt of an application for a Certificate of Compliance, the County Surveyor shall review all available information and determine whether the real property was divided in compliance with Chapter 9.54 (Land Division) of the City Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application.

Certificates of Compliance. If the City Engineer determines that the real property was divided in compliance consistent with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable to the specific application, then the City Engineer shall cause a Certificate of Compliance to be filed for record with the County Recorder in compliance with subsection (F)(1), below.

Conditional Certificates of Compliance.

If the City Engineer determines that the real property was not divided in compliance with subsection (A), above, then the City Engineer shall direct that an application for a Conditional Certificate of Compliance be filed with the Planning and Community Development Department.

After receipt of an application for a Conditional Certificate of Compliance, the Planning and Development Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

The Director shall be the decision-maker and shall hold at least one noticed public hearing on the requested Conditional Certificate of Compliance and Coastal Development Permit, if applicable, and either approve or conditionally approve the request.

The determination of the Director is final subject to appeal in compliance with Section 9.37.130 (Appeals).

At the time that the Conditional Certificate of Compliance is approved or conditionally approved, the decision-maker may impose conditions as provided by subsection (E) (Conditions of Approval), below.

Conditions of Approval.

Owners Are Original Subdividers. If the owners of the real property for which a Conditional Certificate of Compliance is being requested are the original subdividers, then the decision-maker, in compliance with the Subdivision Map Act, may impose any conditions that would be applicable to a current subdivision of the property, regardless of when the property was divided.

Owners Are Not Original Subdividers. If the owners of the real property for which a Conditional Certificate of Compliance is being requested had no responsibility or are not "successors in interest" of the subdivision that created the real property, then the decision-maker may only impose conditions that would have been applicable to the subdivision at the time the real property was acquired by the current owners.

Compliance with Conditions. The conditions of approval shall be required to be fulfilled and implemented prior to the subsequent issuance of a permit or other grant of approval for development of the property.

Completion of Process.

Certificate of Compliance. The City Engineer shall file for record a Certificate of Compliance with the County Recorder. The Certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the division complies with the requirements of Chapter 9.54 (Land Division) of the Santa Monica Municipal Code, and other applicable provisions of the City Code, including predecessor ordinances, and the requirements of the California Subdivision Map Act, as applicable.

Conditional Certificate of Compliance. Following expiration of the applicable appeal period of the final action by the decision-maker, the County Surveyor shall file for record a Conditional Certificate of Compliance with the County Recorder. The Certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions adopted in compliance with subsection (D), above, shall be required before subsequent issuance of a permit or other approval for the development of the property.

Effective Date of Certificate. A Certificate of Compliance or Conditional Certificate of Compliance shall not become effective until the document has been recorded by the County Recorder.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)

§ 9.54.140 Special Procedures for Projects Subject to Specific State Law Provisions.

Purpose. The purpose of this Section is to provide special procedures for projects subject to approval in accordance with specific State law provisions.

Applicability.

Eligible Projects.

Projects seeking lot splits pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

Projects proposing 10 or fewer units and meeting the requirements of Government Code Section 66499.41.

Projects proposing to separately convey or sell a primary unit and an ADU or ADUs as condominiums that would result in four or fewer parcels, pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums, in accordance with the regulations set forth in Government Code Section 66342.

Except as modified by this Section, all provisions of this Chapter remain applicable.

Approval Procedures. The following procedures shall apply to eligible projects under Subsection (B)(1) above.

Subdivisions pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential:

Projects are exempt from Planning Commission approval.

The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Section 9.31.125.

The Director shall act within 60 days of receiving a complete application.

If the Director fails to act within 60 days of receiving a complete application, the proposed subdivision shall be deemed approved in so far as it complies with all applicable requirements of the Subdivision Map Act, this Chapter, and any other applicable City ordinances.

Subdivisions pursuant to Government Code Section 66499.41.

Projects are exempt from Planning Commission approval.

The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Government Code Section 66499.41.

The Director shall approve or deny an application for a tentative map for a housing development project within 60 days from the date of receiving a complete application pursuant to Government Code Section 66499.41.

If the Director does not approve or deny a completed application within 60 days, the application shall be deemed approved.

If the Director denies the application, the Director shall, within 60 days from the date of receiving the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

Subdivisions Pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums that will result in four or fewer parcels:

Projects are exempt from Planning Commission approval.

The Director shall, within the timeframes set forth in this Chapter, deny a Tentative Map if the Director makes any of the findings set forth in Section 9.54.070(D).

If no action is taken by the Director within the required time limit, as specified in the Subdivision Map Act, the Tentative Map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances.

Term. Notwithstanding anything to the contrary in this Chapter, Tentative Map approvals subject to this Section shall remain effective for 3 years.

(Added by Ord. No. 2792CCS, 10/8/2024; Ord. No. 2814CCS, 5/27/2025)