This chapter is adopted to supplement and implement the state
of California's "Subdivision Map Act" which is codified at Government
Code Section 66410, et seq., and is hereby adopted by reference as
if fully set out at length herein and shall be the subdivision ordinance
of the city. A copy of the Subdivision Map Act is on file with the
office of the city clerk.
(Prior code § 18-1; Ord. 930-03 § 1; Ord.
1010-08 § 9)
Upon submission of a tract or parcel map for checking, the subdivider
shall pay such fees for administrative costs incurred by the city
in processing the map as the city council may establish from time
to time by resolution. In addition, the subdivider shall pay all other
fees as established by the county of Los Angeles for map checking
and processing and all other fees and charges required by law.
(Prior code § 18-3)
A.
Notwithstanding the provisions of Section 16.04.010 and the provisions of the subdivision ordinance concerning approval, conditional approval or disapproval of tentative subdivision maps, parcel maps or tentative minor land division maps, prior to approval, conditional approval or disapproval of such maps by the planning commission or city council, a public hearing shall be held thereon in accordance with the provisions of this section.
B.
The
public hearing shall be conducted in accordance with the rules and
procedures established by the body or officer conducting such hearing
or as prescribed by higher authority. If for any reason testimony
on any case cannot be heard or completed at the time set for such
hearing, the chairperson presiding may continue or extend the hearing
to another time.
C.
Notice
of the time and place of the public hearing shall include a general
description of the matter to be considered and location of the project,
and shall be given at least ten days prior to the hearing in the following
manner:
1.
By
publication once in a paper of general circulation, if any;
2.
By
posting the notice in at least three public places in the city, including
at least one notice in the affected area;
3.
By
mail or delivery of the notice to the project proponent and to all
persons, including businesses, corporations or other public or private
entities shown in the last equalized assessment roll as owning real
property within five hundred feet of the subject property. A notice
shall also be sent in a similar manner to "occupant" at the site address
in those cases where the mailing address of any property owner required
to be notified pursuant to the provisions of this subsection differs
from the site address of such property. In the case of an apartment
house or a commercial or industrial development where spaces are leased
to tenants, a notice addressed to "occupant" shall be mailed to each
dwelling unit or leased space; and
4.
By
giving such other additional notice as required by state law and/or
as deemed appropriate by the body or officer conducting the hearing.
(Prior code § 18-5; Ord. 812-96 § 21)
Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other statute is a misdemeanor, punishable pursuant to Section 1.08.020.
(Prior code § 18-4; Ord. 640-89 § 16)
Notwithstanding the provisions of Section 16.04.010, the subdivision ordinance of the city is hereby amended as set forth in Sections 16.04.060 through 16.04.130 of this chapter.
(Prior code § 18-2)
The planning commission shall have the authority to approve, conditionally approve, or disapprove tentative maps of proposed subdivisions of land. The council designates the planning commission as its advisory agency with respect to the design and improvement of proposed subdivisions. However, any interested person may appeal the decision of the planning commission to the council. After approval of a tentative map, the applicant may cause a final map to be prepared in accordance with the applicable provisions of the Subdivision Map Act. The final map shall then be delivered to the city engineer for certification, consistent with Section 16.04.070 of this chapter.
(Prior code § 18-2(a); Ord. 951-05 § 2)
When a final map has been submitted to the city engineer, if
all of the requirements and conditions of approval pertaining to such
map have been complied with, or have been provided for by an improvement
agreement between subdivider and the city, and all other requirements
of the Subdivision Map Act have been complied with, the city engineer
shall certify the map and arrange for the transmittal of the map to
the office of the Los Angeles County recorder.
Additionally, as part of the processing of a final map:
A.
The
city engineer shall notify the council at its next regular meeting
after the city engineer receives the map that the city engineer is
reviewing the map for final approval.
B.
The city engineer shall approve or disapprove the final map within ten days following the meeting of the council that was preceded by the notice in subsection D of this section below.
C.
The
city engineer's action may be appealed to the council.
D.
The
city clerk shall provide notice of any pending approval or disapproval
by the city engineer, which notice shall be attached and posted with
the council's regular agenda and shall be mailed to interested parties
who requested the notice.
E.
The
council shall periodically review the delegation of this authority
to the city engineer.
(Prior code § 18-2(b); Ord. 951-05 § 3)
A.
Merger
of Parcels. Whenever two or more contiguous lots, parcels or units
of land are held by the same owner, such lots, parcels, or units may
be merged where any one of the contiguous lot, parcels, or units held
by the same owner does not conform to standards for minimum parcel
size under the city zoning ordinance, and if all of the following
requirements are satisfied:
1.
At
least one of the affected parcels is undeveloped by any structure
for which a building permit was issued or for which a building permit
was not required at the time of construction, or is developed only
with an accessory structure or accessory structures, or is developed
with a single structure, other than an accessory structure, that is
also partially sited on a contiguous lot, parcel or unit; and
2.
With
respect to any affected parcel, one or more of the following conditions
exists:
a.
Comprises less than five thousand square feet in area at the time
of the determination of merger;
b.
Was not created in compliance with applicable laws and ordinances
in effect at the time of its creation;
c.
Does not meet current standards for sewage disposal and domestic
water supply;
d.
Does not meet slope stability standards;
e.
Has no legal access which is adequate for vehicular and safety equipment
access and maneuverability;
f.
Its development would create health or safety hazards;
g.
Is inconsistent with the city's general plan and any applicable specific
plan, other than minimum lot size or density standards.
B.
Extent
of Merger. Merger shall occur only to the extent necessary to create
lots conforming to the current standards for minimum lot area and
dimensions, or, if the lots, parcels, or units are developed with
a structure or structures, merger shall occur only to those lots,
parcels, or units, which are developed as a single unit.
C.
Treatment
of Lots After Merger. After merger has occurred with respect to any
contiguous lots, parcels, or units of land under this section, such
lots, parcels, or units of land shall be treated as a single lot under
the provisions of the Lawndale Municipal Code.
D.
Contiguity.
Property shall be considered as contiguous lots, parcels or units
of land only if such lots, parcels or units of land are adjoining,
but not if such lots, roads, streets, utility easements or railroad
rights-of-way separate parcels or units of land.
E.
Notice
to Affected Property Owners. Whenever the director of community development
determines that real property has merged pursuant to this section,
he or she shall cause to be filed for record with the county recorder,
and mailed by certified mail to the then current record owner of the
property, a notice of intention to determine status, notifying the
owner that the affected lots, parcels, or units may be merged pursuant
to this section, and advising the owner of the opportunity to request
a hearing before the planning commission on determination of status
and to present evidence at the hearing that the property does not
meet the criteria for merger.
F.
Review
by Planning Commission. Whenever a property owner timely objects to
the recording of a notice of merger and requests a hearing before
the planning commission, the planning commission shall hold a hearing
thereon and allow the property owner to state his or her objection
and present the evidence upon which he or she relies. The property
owner shall be advised in writing of the time, date and place of hearing.
If the planning commission determines that the conditions constituting
merger have not occurred, then it shall instruct the director of community
development not to file the notice of merger, and release of the notice
of intention to determine status shall be recorded and a clearance
letter mailed to the then current owner of record. Otherwise, the
director shall file the notice of merger, unless the decision of the
planning commission is appealed within ten days to the city council.
G.
Merger
of Parcels Prior to July 7, 1977. Any or all lots, parcels, or units
of land which may have been merged by any provision of state law prior
to July 7, 1977, are hereby deemed to be unmerged and separate parcels.
(Prior code § 18-2(d); amended during 6/30/96 supplement; Ord.
951-05 § 5)
The director of community development shall issue a certificate
of compliance for those parcels of land of less than required area
created prior to May 20, 1974, following completion of either of the
following procedures:
A.
A review
by the director of community development, pursuant to the procedural
requirements of the city of Lawndale zoning ordinance, to determine
satisfaction of the following criteria:
1.
The
parcel of land has frontage on a road as specified by Title 17 of
the Lawndale Municipal Code;
2.
The
width of the parcel of land shall not be less than fifty percent of
the required width pursuant to the city of Lawndale zoning ordinance;
3.
The
area of the parcel of land shall not be less than seventy-five percent
of the required area pursuant to the Lawndale zoning ordinance;
4.
The
setbacks of the underlying zone will be adhered to, unless a modification
has been received pursuant to the city of Lawndale zoning ordinance;
5.
There
is sufficient area available on the parcel of land to provide automobile
storage for the land use intended, as required by the city of Lawndale
zoning ordinance; and
6.
Approval
of an exception pursuant to the provisions of the city of Lawndale
zoning ordinance.
(Prior code § 18-2(h); Ord. 951-05 § 7)
This chapter applies to urban lot splits in single-family zones
in accordance with Government Code Section 66411.7.
(Ord. 1199-23 § 3)
means any parcel of land that is zoned R-1.
means a second unit permitted pursuant to SB 9. An urban
dwelling unit shall not mean an accessory dwelling unit or a junior
accessory dwelling unit.
means a parcel map subdivision permitted pursuant to SB 9
which creates two parcels.
(Ord. 1199-23 § 3)
An urban lot split shall comply with the following requirements:
A.
All
requirements in Government Code Section 66411.7.
B.
All
applicable objective requirements of the Subdivision Map Act (Division
2 (commencing with Section 66410)), except as expressly provided in
this chapter.
C.
All
requirements of the Lawndale Municipal Code, except that requirements
imposed by this chapter shall take precedence over other conflicting
requirements.
D.
The
rental of any unit created by an urban lot split must be for a term
longer than thirty days.
E.
The
property owner must agree to an unannounced inspection every year
for the first three years to ensure the property owner is living on
site. A restrictive use covenant must be recorded. The property owner
must pay the special inspection fee as set forth in the city's fee
and fine resolution.
F.
Objective
Development Standards. The following objective development standards
apply to urban lot splits:
1.
Size
and Number. The parcel map subdividing an existing parcel must create
no more than two new parcels of approximately equal lot area provided
that one parcel shall not be smaller than forty percent of the lot
area of the original parcel proposed for subdivision. The subdivision
must not be done in a manner that leaves one lot with more than two
units including existing and proposed main dwellings, ADUs, and JADUs.
No more than four total units may exist on the two new parcels.
2.
Minimum
Size. Both newly created parcels created by an urban lot split must
be no smaller than one thousand two hundred square feet.
3.
Setbacks.
4.
Building
Separation. The units or structures involved in an urban lot split
may be attached or detached provided that the structures meet building
code safety standards and are sufficient to allow separate conveyance.
A six-foot separation is required for detached structures.
5.
Frontage.
Both resulting parcels shall have a minimum frontage of fifty feet.
If each parcel cannot accommodate a frontage of fifty feet, then the
access strip shall not be less than twenty feet in width.
6.
Conjunction
with Urban Dwellings. Only structures that meet the requirements of
urban dwellings are allowed on urban lot splits.
7.
Lot
Configuration Standards. Urban lot splits must comply with the Urban
Dwelling and Urban Lot Split Configuration Standards adopted by city
council resolution and incorporated herein by reference.
8.
An
easement must be provided over the front parcel to the rear parcel
for access to the public right-of-way, providing public services and
facilities, maintenance of utilities, and (if required) fire department
access.
G.
Demolition
and Alteration. A proposed urban lot split must not require demolition
or alteration of any of the following types of housing:
1.
Housing
that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families 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
that has been occupied by a tenant in the last three years.
H.
Disclosures.
At the time of sale, a site with an urban dwelling must disclose to
the seller:
1.
The
site must not be used for short-term rentals;
2.
The
property owner must agree to an unannounced inspection every year
for the first three years to ensure the property owner is living on
site. The property owner must pay the special inspection fee in the
city's fee and fine resolution;
3.
The
property owner must provide a copy of the restrictive use covenant;
4.
The
property owner must provide all necessary information to the city
required in the annual housing element report; and
5.
The
site cannot be the subject of future urban lot splits.
(Ord. 1199-23 § 3)
The community development director may deny an application for
an urban lot split upon making both of the following findings in writing
based upon a preponderance of evidence.
A.
The
proposal would have significant, adverse impact upon the public health
and safety or the physical environment as defined and determined in
Government Code Section 65589.5(d)(2).
B.
There
is no feasible method to satisfactorily mitigate or avoid the specific
impact.
(Ord. 1199-23 § 3)
