This title is adopted pursuant to the provisions of the Subdivision
Map Act set forth in Government Code Section 66410, et seq., for the
purpose of regulating and controlling the design and improvement of
subdivisions within the city of Monterey Park. Such regulation is
required to promote the public health, safety, and welfare; to ensure
orderly growth and development; encourage appropriate land use; and
assist with preserving property value. The regulations set forth in
this title are intended to supplement the Act and must be used in
conjunction with the regulations set forth in the Act for all activities
associated with subdividing land within the city's jurisdiction. Nothing
in this title is intended to supersede the Act and the Act prevails
over any conflicting part of this title.
(Ord. 2189 § 1, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this title. Words and phrases not given a meaning
by this title have the meaning set forth in this title and the Act.
means the Subdivision Map Act as set forth in Government
Code Section 66510, et seq., and any subsequently adopted amendments
or successor statutes. Unless specified otherwise, all citations in
this title to an unspecified code are to the Government Code.
means the three-dimensional subdivision of space above or
below a lot, or partially above and below a lot, having finite width,
length, and upper and lower elevations, occupied by a building or
portion thereof. An airspace subdivision differs from a common interest
development in that owners of the airspace lots are not required to
share interest in a common area within the map boundaries.
means the building official, or designee.
means, collectively, the California Environmental Quality
Act (Public Resources Code Section 21000, et seq.) and the regulations
promulgated thereunder (14 Cal. Code of Regulations Section 15000,
et seq., the "CEQA Guidelines").
means the Monterey Park Municipal Code.
means the division of real property into common interest,
the establishment of a community apartment project, or the conversion
of five or more existing dwelling units to a stock cooperative as
set forth in Civil Code Section 1351.
means the building of any facility or structure or any portion
thereof and includes, without limitation, design, acquisition of right-of-way,
and the administration of construction contracts.
means the city engineer, or designee.
means an adjustment of an existing lot line between four
or fewer adjoining parcels where the land taken from one parcel is
added to an adjoining parcel and a greater number of parcels than
originally existed is not created.
may be used interchangeably with "advisory agency" as defined
in the Act.
(Ord. 2189 § 1, 2020)
In accordance with Section 66412 of the Act, this title does
not apply to the following:
(a)
Leases of agricultural land for agricultural purposes.
(b)
Leases of land exclusively for the placement and operation of cellular
radio transmission facilities. Establishing such facilities is subject
to the city's discretionary approval.
(c)
Leases of land or granting of easements in conjunction with financing,
erecting, and selling or leasing wind-powered electrical generation
devices. Establishing such facilities is subject to the city's discretionary
approval.
(d)
Financing or leasing of apartments, offices, stores, or similar spaces
within apartment buildings, industrial buildings, commercial buildings,
or mobile-home parks.
(e)
Financing or leasing any parcel of land, or portion thereof, in conjunction
with construction of commercial or industrial buildings on a single
parcel, or the financing or leasing of existing separate commercial
or industrial buildings on a single parcel.
(f)
Mineral, oil, or gas leases.
(g)
Land dedicated for cemetery purposes under the Health and Safety
Code.
(h)
Any separate assessment under Revenue and Taxation Code Section 2188.7.
(i)
Conversion of a community apartment project or stock cooperative,
as defined, respectively, in Civil Code Sections 4105, 4190 and 6566,
to a condominium, as defined in Civil Code Section 783, unless a parcel
map or final map was approved by the city council, and only if the
requirements specified in Section 66412(g) and (h) of the Act are
met.
(j)
Subdivisions of four or fewer parcels for constructing removable
commercial buildings having a floor area of less than one hundred
square feet.
(k)
Construction, financing, or leasing of second dwelling units as authorized
by Sections 65852.1 and 65852.2 of the Act.
(Ord. 2189 § 1, 2020)
(a)
The planning commission may modify the requirements of this title
for a specific application when, in its opinion, the land involved
in the subdivision is of such size and shape, or is subject to such
title limitations, or is affected by such topographical location or
conditions, or is to be devoted to such use that it is impossible
or impractical for the subdivider to fully conform to the regulations
contained in this title.
(b)
Such modification may be made only as reasonably necessary or expedient,
provided modification ensures conformity with the spirit and purpose
of the Act and this title.
(c)
Any request for a modification must be made in conjunction with a
subdivision application and be reviewed by the planning division before
a recommendation is made to the planning commission.
(Ord. 2189 § 1, 2020)
(a)
A tentative and final map is required for all subdivisions creating
five or more parcels, five or more condominiums, a community apartment
project containing five or more parcels, or for conversion of a dwelling
to a stock cooperative containing five or more dwelling units, unless
otherwise exempt under Section 66426 of the Act or other applicable
law.
(b)
Except as otherwise provided, a tentative and final parcel map are
required for subdivisions that create four or fewer parcels.
(Ord. 2189 § 1, 2020)
All persons submitting maps required by this title must pay
all fees and deposits pursuant to city council resolution. The fees
must be fully paid before the maps are processed.
(Ord. 2189 § 1, 2020)
Costs incurred by the city for the checking of plans, calculations
or inspections as a result of revisions to the approved plans must
be borne by the subdivider at actual cost. The city may require a
deposit for these revisions, which can be applied toward the subdivider's
actual costs.
(Ord. 2189 § 1, 2020)
