This and subsequent sections shall regulate and control subdivisions for which a tentative and final or parcel map are required. Included are condominiums, planned developments, community apartment projects and stock cooperatives as set forth in Section 9915. Excluded are lot splits as set forth in Section 9947 et seq. of this Code. Covenants, Conditions and Restrictions shall be as set forth in Section 9132 of this Code.
This Code shall be inapplicable to subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet as set forth in Section 66412.5 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The "Subdivision Map Act" shall mean Division 2 of Title 7 of the Government Code of the State of California. It is the intent of this chapter to make specific reference to the Subdivision Map Act, where applicable. However, where no specific reference is made, the intent is that the Subdivision Map Act shall govern.
(Added by Ord. 08-1228, adopted 5-25-2008)
Except as otherwise provided in this chapter, all terms used which are defined in the Subdivision Map Act are used as so defined, and the following words and phrases shall be defined as hereinafter set forth unless from the context hereof it clearly appears that a different meaning is intended.
(Added by Ord. 08-1228, adopted 5-25-2008)
The "Advisory Agency" charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions of real property shall be the Planning Commission of the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
The "Appeal Board" charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the impositions of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements or both, recommended or decided by the Advisory Agency to be required, shall be the City Council.
(Added by Ord. 08-1228, adopted 5-25-2008)
"City Engineer" shall be deemed to mean the City Engineer of the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
"City Planner" shall be deemed to mean the City Planner of the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
A "Final Map" shall mean a map showing division of land as described in Chapter 2, Article 2, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
"General Plan" shall mean the most recently adopted General Plan of the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Parcel Map" shall mean a map showing division of land as described in Chapter 2, Article 3, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Separated Parcels" are those portions of land which are or have been separated or divided by any parcel of land other than a street, alley, railroad right-of-way, public utility right-of-way, or flood control right-of-way.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Subdivision Committee" shall mean the Subdivision Committee of the City. Such committee shall consist of the following members:
(a) 
The City Planner who shall serve as chairperson;
(b) 
The Director of Community Development;
(c) 
The City Engineer;
(d) 
The Building Official;
(e) 
The Fire Chief;
(f) 
The Director of Public Works;
(g) 
The Director of Parks and Recreation.
Each member may designate a representative of the department or division to act in his or her stead.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Vesting tentative map" shall mean a tentative map or tentative parcel map for a residential subdivision and shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Chapter 9 and is thereafter processed in accordance with the provisions of Section 9917 et seq.
(Added by Ord. 08-1228, adopted 5-25-2008)
The necessity for tentative, final and parcel maps shall be covered by the provisions of this chapter. Of the maps required by this division, only final and parcel maps may be filed for record in the office of the County Recorder. No final map or parcel map shall be filed with the City without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided herein.
(Added by Ord. 08-1228, adopted 5-25-2008)
Tentative maps shall be required for all subdivisions requiring final maps. A tentative map may be required for a subdivision requiring a parcel map, as determined by the City Planner.
(Added by Ord. 08-1228, adopted 5-25-2008)
Before filing a tentative map the subdivider shall obtain from the Los Angeles County Engineer the assignment of a number for the tract to be subdivided.
(Added by Ord. 08-1228, adopted 5-25-2008)
Each tentative map shall be drawn to a scale so as to clearly show the details of the plan thereon.
(Added by Ord. 08-1228, adopted 5-25-2008)
The tentative map shall show and contain the following matters as an aid to the Planning Commission in its consideration of the design of the subdivision:
(a) 
The tract number;
(b) 
Sufficient legal description of the land so as to define the boundaries of the proposed tract;
(c) 
Name and address of the subdivider and of Registered Civil Engineer or Licensed Surveyor;
(d) 
The locations, names and existing widths of all adjoining highways, streets or ways;
(e) 
The width and approximate grades of all highways, streets and ways within such proposed subdivision;
(f) 
The widths and approximate locations of all existing or proposed easements, whether public or private, for roads, drainage, sewers or public utility purposes;
(g) 
Approximate radius of all curves;
(h) 
The approximate lot layout and the approximate dimensions of each lot;
(i) 
Approximate locations of all areas subject to inundation or stormwater overflow and the locations, widths and directions of flow of all watercourses;
(j) 
Source of water supply, if any;
(k) 
Proposed method of sewage disposal, if any;
(l) 
Use of property proposed;
(m) 
Proposed public areas, if any;
(n) 
Approximate contours where topography controls the street layout;
(o) 
Date, north arrow and scale;
(p) 
Number for each lot;
(q) 
Approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way.
(r) 
Approximate location and outline to scale of each building or structure which is not to be moved in the development of the subdivision. Provided, however, that if it is impossible or impracticable to place upon the tentative map any matter hereinabove in this section required, such matter or information shall be furnished in a written statement which shall be submitted with such map.
(s) 
Each street shown by its actual street name or by temporary name or letter for purposes of identification until the proper name of such street is determined.
(t) 
In a subdivision consisting of a condominium project, as defined in Section 1350 of the Civil Code, a community apartment complex, as defined in Section 11004 of the Business and Professions Code, or a stock cooperative project, as defined in Section 11003.2 of the Business and Professions Code, the tentative map shall show the general location of all buildings and other structures to be erected, including means of access thereto.
(Added by Ord. 08-1228, adopted 5-25-2008)
A parcel map shall be required for subdivisions as to which a final or parcel map is not otherwise required by the Subdivision Map Act, unless waived in accordance with Section 9947 of this Code. Where the requirement for a parcel map is waived pursuant to the provisions of the Section 9947 of this Code, a tentative map may be required by the City Planner.
(Added by Ord. 08-1228, adopted 5-25-2008)
The content and form of parcel maps shall be generally governed by the provisions of Chapter 2, Article 3, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The title sheet of each parcel map shall contain a title consisting of a number assigned by the County Engineer for the parcel map along with the words "Parcel Map" and "In the City of Downey."
(Added by Ord. 08-1228, adopted 5-25-2008)
The bearing and length of each lot line and boundary line shall be shown on the parcel map, provided that when bearing or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full and no ditto marks or other designation of repetition shall be used.
(Added by Ord. 08-1228, adopted 5-25-2008)
There shall be shown upon each parcel map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof and the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the bearing and length of each tangent and radius, central angle and length of each curve.
(Added by Ord. 08-1228, adopted 5-25-2008)
Parcel maps shall show the width of railroad right-of-way, flood control, sewer or drainage easement and any other easement, whether previously of record or offered for dedication on said parcel map. Upon each parcel map shall be shown the centerline or side lines of each easement to which the lots in the subdivision are subject. In the event such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. All easements shown shall be designated on the parcel map by fine dashed lines. Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or so shown as to indicate clearly the actual length of each lot line. The width of easements and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to the proposed subdivision and each parcel affected thereby shall be shown on the parcel map.
(Added by Ord. 08-1228, adopted 5-25-2008)
Parcel maps shall show each City boundary line crossing or adjoining the subdivision and such lines shall be clearly designated and tied in.
(Added by Ord. 08-1228, adopted 5-25-2008)
If any portion of the land within the boundaries of the subdivision shown on the parcel map is subject to inundation or flood hazard by stormwaters, as determined in accordance with the National Flood Insurance Program (Federal), such fact and portion shall be clearly shown on the parcel map by a prominent note on such map.
(Added by Ord. 08-1228, adopted 5-25-2008)
In the event that a dedication of right-of-way for storm drainage purposes is not required, the Planning Commission may require that the location of any watercourse, channel, stream or creek, be shown on the parcel map.
(Added by Ord. 08-1228, adopted 5-25-2008)
Any parcel map presented to the City for recordation and acceptance of easements shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers and other sanitary facilities, whether or not such structures are on recorded easements.
(Added by Ord. 08-1228, adopted 5-25-2008)
In addition to the provisions outlined in Section 66445 (f) of the Subdivision Map Act, any final map of a parcel map presented to the City for recordation and acceptance of easements shall have written thereon, in addition to or as a part of any other certificates required, a certificate signed by the owner and the subdivider and by all persons claiming any interest other than a right-of-way, easement or other interest, none of which can ripen into a fee, in the lands included within the parcel map shown on the map, in substantially the following form:
We hereby certify that except as shown on a copy of this map on file in the office of the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers, or storm drains, that we will grant no right or interest within boundaries of said easements offered to the public, except where such right or interest is expressly made subject to said easements.
(Added by Ord. 08-1228, adopted 5-25-2008)
A final map shall be required for all subdivisions in accordance with Chapter 2, Article 1, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The content and form of a final map shall be generally covered by the provisions of Chapter 2, Article 2, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The title sheet of each final map shall contain a title consisting of the number of the subdivision along with the words "In the City of Downey."
(Added by Ord. 08-1228, adopted 5-25-2008)
There shall be shown upon each final map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof and the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the length and bearing of each tangent and radius, central angle and the length of each curve.
(Added by Ord. 08-1228, adopted 5-25-2008)
Upon the final map shall be shown each City boundary line crossing or adjoining the subdivision and such lines shall be clearly designated and tied in.
(Added by Ord. 08-1228, adopted 5-25-2008)
If any portion of the land within the boundaries of the subdivision shown on the final map is subject to inundation or flood hazard by stormwaters, as determined in accordance with the National Flood Insurance Program (Federal), such fact and portion shall be clearly shown on the final map by a prominent note on such map.
(Added by Ord. 08-1228, adopted 5-25-2008)
Any final map of a subdivision presented to the City for recordation and acceptance of easements shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers and other sanitary facilities, whether or not such structures are on recorded easements.
(Added by Ord. 08-1228, adopted 5-25-2008)
In addition to the provisions outlines in Section 66436 of the Subdivision Map Act, any final map of a subdivision presented to the City for recordation and acceptance of easements shall have written thereon, in addition to or as a part of any other certificates required, a certificate signed by the owner and the subdivider and by all persons claiming any interest other than a right-of-way, easement or other interest, none of which can ripen into a fee, in the lands included within the subdivision shown on the map, in substantially the following form:
We hereby certify that except as shown on a copy of this map on file in the Office of the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drains; that we will grant no right of interest within boundaries of said easements offered to the public, except where such right of interest is expressly made subject to said easements.
(Added by Ord. 08-1228, adopted 5-25-2008)
In addition to the provisions outlined in Section 66436 of the Subdivision Map Act, the following waiver may be accepted on a final map. If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivisions, refuses to make his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with these regulations, and the City Council finds that the subdivider has in good faith attempted to obtain the necessary signatures from such owner and has been unable to do so, and that a refusal to accept the final map for recordation would work an undue hardship on the subdivider, then by a majority vote of all its members the City Council may accept such map without said signature.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Records of Survey" shall be considered only as records of surveying information with regard to existing conditions of the parcel or parcels involved. Records of Survey shall not be used for subdivision or lot split purposes.
(Added by Ord. 08-1228, adopted 5-25-2008)
In addition to Section 66427 of the Subdivision Map Act, maps of condominiums, community apartment projects and stock cooperative projects shall also comply with the following:
In a subdivision consisting of a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, maps of such subdivisions need not, but may, show the design of all buildings and manner in which the buildings or the air space above the property shown on the maps are to be divided. In all other respects, the provisions of these regulations shall apply to such subdivisions.
(Added by Ord. 08-1228, adopted 5-25-2008)
Plans under this section shall be prepared in accordance with The Professional Engineers' Act of the Business and Professions Code, beginning with Chapter 7 of Division 3 (Section 6700 et al.). Plans showing improvements required by these regulations shall be furnished to the City Engineer no later than the time of submitting the final map or parcel map to the City Engineer for checking, and such improvement plans shall be subject to the approval of the City Engineer before any such final map shall be recommended for approval by the City Council, or before any such parcel map shall be transmitted for filing with the County Recorder; provided, however, that a subdivider may deposit the final map, or parcel map, with the City Engineer for preliminary review prior to formally submitting it for approval. Such improvement plans shall show sufficient detail to enable the intended improvements to be completed.
(Added by Ord. 08-1228, adopted 5-25-2008)
The grading plan shall show the drainage pattern of each lot being created by the subdivision as well as the drainage pattern of the entire subdivision, including easements and public ways. The proposed drainage patterns shall be designed in accordance with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
The street plans shall show all proposed streets, highways and alleys in both plan and profile. However, the profile may be substituted for showing existing and proposed elevations on the plan in sufficient detail so as to identify the intent of the proposed plan. All grade breaks shall be shown on curbs and flow lines.
Curb elevations of each side of a street should be at approximately the same elevation at the same station. Generally, the design shall be in accordance with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
All storm drain systems required in connection with a subdivision shall be designed in accordance with City standards and shall be shown on a separate plan and profile. All known existing and proposed substructures in the vicinity of the storm drain system shall be shown on plan and profile.
(Added by Ord. 08-1228, adopted 5-25-2008)
The proposed sanitary sewer main, house laterals and appurtenances shall be designed in accordance with City standards and provisions of this Code and shall be shown on a separate plan and profile. All known existing and proposed substructures in the vicinity of the sanitary sewer system shall be shown on plan and profile.
(Added by Ord. 08-1228, adopted 5-25-2008)
The water supply system, including, but not limited to, main lines, service lines, meters, valves, fire hydrants and other appurtenances, shall be designed in accordance with City standards and shall be shown on a separate plan.
The diameter of main lines and fire hydrant locations within the subdivision shall be determined by the Fire Chief based upon the fire flow requirements, and by the Director of Public Works based upon domestic need, but in no case shall be less than six inches (6″) in diameter.
In the event fire hydrants are to be provided as part of the improvements, a shutoff valve shall be installed between any such fire hydrant and the mainline supplying water thereto. The valve cover shall be located outside of the curb and gutter. Hydrants shall have minimums of one two-and-one-half-inch (2-1/2″), and one four-inch (4″) outlets. All fire protection (fire hydrants) shall be installed and operating prior to any combustible framing operations. Alternative means of protection may be submitted to the Fire Chief for consideration.
(Added by Ord. 08-1228, adopted 5-25-2008)
A street lighting system shall be designed in accordance with Utility Company and City standards. It shall be shown on a separate plan or on a plan containing proposed underground utility facilities.
(Added by Ord. 08-1228, adopted 5-25-2008)
Underground facilities, such as electric power lines, telephone lines, cable television lines, and natural gas piping, shall be designed in accordance with the respective industry standards and shall be shown on a separate plan or on the plan illustrating the street lighting system. The various systems shall be designed so as not to interfere unduly with one another, to the extent that no system or portion of a system should have to be relocated after its initial installation.
(Added by Ord. 08-1228, adopted 5-25-2008)
In the event landscaping in the public right-of-way is required or proposed, the plan shall show the size and species of all plant materials along with the location of trees. Irrigation systems shall be shown in sufficient detail to enable the intended improvement to be completed.
(Added by Ord. 08-1228, adopted 5-25-2008)
It is the purpose of Sections 9917 through 9917.9 to establish procedures necessary for the implementation of the vesting tentative map statute as described in Section 9917 and to supplement the provisions of the Subdivision Map Act and Chapter 9 of the Downey Municipal Code. To accomplish this purpose, the regulations outlined in these sections are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.
(Added by Ord. 08-1228, adopted 5-25-2008)
The City Council of the City of Downey finds, determines and declares that:
(a) 
The State of California has determined the necessity for local agencies to permit vesting tentative maps.
(b) 
The amendment to the Subdivision Map Act permitting vested tentative rights permits local agencies to adopt guidelines and regulations for the processing of vesting tentative maps.
(c) 
The adoption of provisions for vesting tentative maps will not significantly affect the quality of the environment within the City of Downey nor be contrary to the goals and objectives of the City's zoning ordinance, subdivision ordinance, or general plan.
(d) 
The vesting tentative map regulations set forth in this chapter will provide the necessary guarantees to insure that all projects are adequately served by streets, utilities and improvements as set forth in Chapter 2 of the Downey Municipal Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
(a) 
Sections 9917 through 9917.9 shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by Chapter 9, requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may be filed instead of a tentative map in accordance with the provisions of these sections.
(b) 
If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.
(c) 
Except as otherwise set forth in the provisions of these sections, the provisions of Chapter 9 shall apply to vesting tentative maps.
(Added by Ord. 08-1228, adopted 5-25-2008)
All persons submitting a vesting tentative map shall pay all fees required for subdivision in accordance with Chapter 9.
(Added by Ord. 08-1228, adopted 5-25-2008)
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data, and reports as required for tentative maps and tentative parcel maps pursuant to this chapter, and shall be processed in the same manner as set forth in this chapter except at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
(Added by Ord. 08-1228, adopted 5-25-2008)
The approval or conditional approval of a vesting tentative map shall not limit the City from imposing reasonable conditions on required approvals or permits necessary for the project and authorized by the ordinances, policies and standards of the City of Downey in effect at the time the vesting tentative map is approved or conditionally approved.
(Added by Ord. 08-1228, adopted 5-25-2008)
(a) 
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period established by this chapter or other applicable law for the expiration of the approval or conditional approval for tentative maps and shall be subject to the same extensions allowed for such maps.
(b) 
The rights conferred by a vesting tentative map shall last for one year following the recordation of the final map. Where several 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.
(c) 
The initial time period set forth in Subsection (b) shall be automatically extended by any time used for processing a complete application for design review or a grading permit if such processing exceeds 30 days from the date a complete application is filed.
(d) 
If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of the permit or any extensions of that permit.
(e) 
The subdivider may apply for a one year extension at any time before the initial time period set forth in Subsection (b) expires.
(Added by Ord. 08-1228, adopted 5-25-2008)
(a) 
The approval or conditional approval of a vesting tentative map shall confirm a vested right to proceed with development in substantial compliance with the ordinances, policies and standards of the City of Downey in effect at the time the vesting tentative map is approved or conditionally approved.
(b) 
Notwithstanding Subsection (a), a permit, approval, extension or entitlement sought subsequent to the approval or conditional approval of a vesting tentative map may be made conditional or denied if any of the following are determined:
(1) 
A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2) 
The condition or denial is required in order to comply with state or Federal law.
(c) 
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 may deny such a vesting tentative map or approve it conditioned upon the subdivider or his or her designee 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, notwithstanding Subsection (a), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map as approved. The rights conferred by this section shall be for the time period set forth in Section 9917.6.
(d) 
Notwithstanding any other provision of Sections 9917 through 9917.9 the property owner or his or her designee may seek approvals or permits for the development which depart from the ordinances, policies, and standards described in Subsections (a) and (b), and these approvals may be made to the extent that such departures are authorized under applicable law.
(Added by Ord. 08-1228, adopted 5-25-2008)
The procedures set forth in this chapter shall govern the processing, approval, conditional approval, or disapproval and filing of tentative, final and parcel maps. After a tentative map or a preliminary parcel map has been submitted to the Planning Division of the City, the City Planner shall convene the Subdivision Committee. The Subdivision Committee shall submit its recommendations for the proposed subdivision, in writing, to the Planning Commission. In the event the Subdivision Committee makes a recommendation or report which is not satisfactory to the subdivider, he or she may appear before the Planning Commission and present any matters relative thereto.
A public hearing shall be held in connection with a subdivision. The procedure to be followed shall be in accordance with the provisions of Section 66451.3 of the Subdivision Map Act as well as Section 9160.06(b)(2) of this Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
The procedure and practice of all survey work done on any subdivision, whether for preparation of a final map or parcel map, shall conform with accepted standards of land surveying.
In all cases where a parcel map is required, such map shall be based upon a field survey in conformity with the Land Surveyors' Act or shall be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line.
A final map, which must be prepared by or under the direction of a registered Civil Engineer or licensed Land Surveyor, shall be based upon a field survey. The allowable error of closure on any portion of a final map or a parcel map shall be no more than 1/10,000 for the boundary of the subdivision, and no error greater than 0.01 feet in any one lot.
(Added by Ord. 08-1228, adopted 5-25-2008)
A tentative map must first be submitted to the Planning Division of the City for review and processing. A review by other agencies shall be in accordance with Chapter 3, Article 3, of the Subdivision Map Act. The Planning Commission shall approve conditionally, approve or disapprove a map or maps of subdivisions in accordance with Chapter 3, Article 2, of the Subdivision Map Act. An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval in accordance with Section 66452.6 of the Subdivision Map Act, except that, if an additional period of time is allowed by the Planning Commission, such additional period of time shall not exceed 12 months.
Upon application and prior to the expiration of the approved or conditionally approved tentative map, the subdivider may file for an extension of time. Such extension of time may be granted for just cause by the Planning Commission for a period not to exceed one year, as provided in Section 66452.6 (e) of the Subdivision Map Act.
The procedure for appeals by a subdivider or any interested person shall be in accordance with the provisions of Section 66452.5 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The tentative and the final parcel map must be filed with the Planning Division of the City for review and processing. The Planning Commission shall approve conditionally, approve or disapprove, the parcel map in accordance with Chapter 3, Article 5, of the Subdivision Map Act. Requirements imposed in connection with parcel maps shall be in accordance with the provisions of Section 9930 et seq. of this Code.
When a tentative parcel map is required, it shall expire 24 months after its approval or conditional approval. Upon request, an additional period of time may be allowed by the Planning Commission, not to exceed 12 months.
(Added by Ord. 08-1228, adopted 5-25-2008)
The Planning Commission and the City Council shall approve conditionally, approve or disapprove a final map in accordance with Chapter 3, Article 4, of the Subdivision Map Act. Requirements imposed in connection with a subdivision where a final map is required shall be in accordance with the provisions of Section 9930 et seq. of this Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
After the receipt of a print of a final map or parcel map, the City Engineer and City Planner shall report, in writing, to the Planning Commission as to the compliance or noncompliance of such map with all applicable laws, and if such map does not so comply, they shall file a statement of the changes necessary to cause such map to so comply.
(Added by Ord. 08-1228, adopted 5-25-2008)
Upon the filing of a final map or parcel map with the Planning Division, it shall be accompanied by 15 prints thereof.
(Added by Ord. 08-1228, adopted 5-25-2008)
The evidence of title required by the provisions of Section 66465 of the Subdivision Map Act shall be certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that any dedication of land is to be made for public use of any property shown on any such final map or parcel map, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the City. Such certificate or policy shall be dated and delivered upon request of the City Engineer when such final map or parcel map is ready for recordation.
When the requirement of the filing of a parcel map is waived by the Planning Commission, the subdivider shall submit satisfactory evidence that the persons with record title ownership have consented to the proposed division in accordance with the provisions of Section 66445 (f) of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The filing of final maps and parcel maps with the Los Angeles County Recorder shall be in accordance with the provisions of Chapter 3, Article 6, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
Subdivided real property may be reverted to acreage pursuant to the provisions of Chapter 6, Article 1, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
Requirements imposed by the City on subdividers shall be in accordance with the provisions of Chapter 4, Article 1, of the Subdivision Map Act and also in accordance with this chapter.
(Added by Ord. 08-1228, adopted 5-25-2008)
When a tentative map is submitted, the Planning Commission may require the subdivider to show any of the following:
(a) 
That he or she is the owner of the property shown on the map as proposed for subdivision;
(b) 
That he or she has an option or contract to purchase the property of that portion of which he is not the owner;
(c) 
That he or she is the authorized agent of one who can comply with the requirements of Subsections (a) or (b).
(Added by Ord. 08-1228, adopted 5-25-2008)
The City, upon application to the City Planner, shall waive the provisions of this chapter requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the City does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this chapter, the Subdivision Map Act or any other ordinance, statute or regulation.
(Added by Ord. 08-1228, adopted 5-25-2008)
Dedications required in connection with subdivisions shall be in accordance with the provisions of Chapter 4, Article 3, of the Subdivision Map Act at the option of the City Engineer.
When dedications or offers of dedication are required, they shall be made by certificate on the parcel map in accordance with the provisions of Section 66447 of the Subdivision Map Act. Dedications or offers of dedication shall be accepted or rejected by the City Council. When hardship is proven, the Planning Commission may allow the dedication to be shown on a second certificate.
(Added by Ord. 08-1228, adopted 5-25-2008)
The City may require the dedication or irrevocable offer of dedication of real property within the subdivision for streets, highways, alleys and local transit facilities, such as bus turnouts, benches, shelters, landing pads, etc., which directly benefit the residents of the subdivision, in accordance with Section 66475.2 of the Subdivision Map Act. The consideration of dedication shall also include access rights and abutter's rights. Such irrevocable offers may be terminated as provided in Section 66477.2 (c) and (d) of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
In accordance with the provisions of Section 66476 of the Subdivision Map Act the City may require a waiver of direct access rights to any street or highway dedicated or offered to be dedicated in connection with a proposed subdivision. If such waiver is accepted by the City Council, it shall become effective upon the completion of the required street or highway improvements.
(Added by Ord. 08-1228, adopted 5-25-2008)
In the event that a subdivision or any part thereof is traversed by a major watercourse, channel, stream or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the Planning Commission, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or delineate the course of said watercourse upon the final map or parcel map.
(Added by Ord. 08-1228, adopted 5-25-2008)
If an artificial drainage facility is necessary for the general use of lot owners in the subdivision and for adequate drainage needs, the subdivider may be required to dedicate an adequate right-of-way for such drainage channel.
(Added by Ord. 08-1228, adopted 5-25-2008)
If, in the opinion of the Planning Commission, either sewers or storm drains or both are necessary for the general use of lot owners in the subdivision, and such sewers or storm drains or both are not to be installed in the streets of such subdivision, then the subdivider map may be required to show upon the maps and dedicate necessary public easements for such sewers or storm drains or both.
(Added by Ord. 08-1228, adopted 5-25-2008)
The Planning Commission may require the subdivider to dedicate easements for underground utility and cable television facilities in accordance with the respective industry standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
Except as set out hereinafter, all parcels of land intended for public use in a subdivision shown on the final map thereof shall be offered for dedication for public use, provided, however, that with the approval of the City Council any street, highway, alley or way which is intended to be kept physically closed to public travel or posted as a private road or alley at all times may be shown as a private road or alley, but in any such case the final map shall contain a condition offer of dedication which may be accepted by the City Council at such time as the street shall have ceased to remain so physically closed or posted and shall have been opened to public travel for a period of at least three months. Any such private road shall be shown on such map by heavy, dashed lines. Sufficient data shall be shown on each private road or alley to define its boundaries, as is required for a public street, and also sufficient mathematical data to clearly show the portion of each lot within such street. The design and improvement of any such private road shall be subject to all of the requirements prescribed by these regulations for public streets.
(Added by Ord. 08-1228, adopted 5-25-2008; amended by Ord. 21-1462, adopted 5-25-21)
In the event that an easement for any right-of-way required under the provisions of this chapter in connection with any proposed subdivision is in the process of condemnation by the City at the time of the filing of any final map of a subdivision, or parcel map, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final map, or parcel map, thereof as a private right-of-way, and prior to the approval of such final map shall file with the City Engineer a deed granting such easement to the City on condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by Section 9940 et seq. of this Code.
In the event that such condemnation proceedings shall be completed, such deed, contract and bond shall be returned to the subdivider. In the event that such condemnation proceedings are abandoned, such deed, contract and bond shall be delivered by the City Engineer to the City Council for acceptance.
(Added by Ord. 08-1228, adopted 5-25-2008)
Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this chapter for the purpose of providing park and recreational facilities to serve future residents of such subdivisions.
The provisions of this section do not apply to commercial or industrial subdivisions unless they include residential development, nor do they apply to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.
(Added by Ord. 08-1228, adopted 5-25-2008)
It is hereby found and determined:
(a) 
That the public interest, convenience, health, welfare and safety require that three and one-half acres of property, for each 1,000 persons residing within this City, be devoted to park and recreation purposes;
(b) 
That said requirement be satisfied in part by cooperative arrangements between the City and the local school districts to make available one and one-half acres of property for each 1,000 persons residing within the City for park and recreation purposes;
(c) 
That the remainder of the required three and one-half acres be supplied by the requirements of this chapter and the recreation program of the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
Population density for the purpose of this chapter shall be calculated at two and one-half persons for each single-family detached dwelling unit and duplex, and two persons for all other dwellings.
(Added by Ord. 08-1228, adopted 5-25-2008)
The amount of land to be dedicated by a subdivider pursuant to this chapter shall be based on the following:
For each single family detached dwelling unit and duplex, a total of 375 square feet of park land shall be dedicated, and 300 square feet of park for all other dwellings.
(Added by Ord. 08-1228, adopted 5-25-2008)
On January 2, 1981, and each year on January 2, thereafter, the City shall calculate an inflation factor for park in-lieu fees. This inflation factor will be based on the "Consumer Price Index-Urban" (CPI-U) as published by the Bureau of Labor Statistics for the Los Angeles-Long Beach area and shall be calculated as follows. The preceding year's (CPI-U) shall be divided into the December 31 (CPI-U) for the previous year. This preceding yearly park in-lieu fee shall then be multiplied by the quotient thereby establishing the new park in-lieu fee, provided however, that:
The proposed inflation factor shall be reduced to 50% of the CPI-U if the CPI exceeds 6% per year. No factor would be applied in the event the CPI-U increased at or below six percent. The inflation factor applies on January 1, 1981.
(Added by Ord. 08-1228, adopted 5-25-2008)
Where a fee is required by the City Council in-lieu park land dedication, the amount of such fee shall be determined as follows:
(a) 
$500 for each single-family dwelling unit; and
(b) 
$380 per unit for all other types of dwelling units.
No park in-lieu fees shall be charged to unit conversions where apartment buildings being divided are more than five years old. Where a building being converted is less than five years old, each unit shall be charged as a single-family dwelling unit for the purpose of this section. In all other cases where a residential property is subdivided for single-family ownership, a credit towards park fees shall be applied on a unit for unit basis. If new units are added, the appropriate unit fee plus the inflation factor shall be multiplied by the total number of added units and the total charged as park in-lieu fee for the development.
(Added by Ord. 08-1228, adopted 5-25-2008)
If the City Council finds that it is in the public interest, private open space design for parks and recreational purposes, which shall be privately owned and maintained by the future residents of a particular proposed subdivision, may be credited toward either park fees or park in-lieu requirements as set out below, provided the following criteria are met:
(a) 
That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and
(b) 
That the private ownership and maintenance of the open space is adequately provided for by written agreement; and
(c) 
That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in the favor of the future owners of property within this tract and which cannot be defeated or eliminated without the consent of the City Council; and
(d) 
That the proposed open space is reasonably adaptable for park use and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
(e) 
That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the City Council; and
(f) 
That the total recreational open space square footage provided as a part of the project is greater than the total number of dwellings in that development multiplied by 600 square feet.
A credit of one square foot may be applied for each square foot of recreational land provided over the area required in Section 9931.8C.
In-lieu fees may be reduced as follows: The square footage of qualifying recreational land per unit provided over the area required in subsection (f) above shall be multiplied by $4.70 and the inflation factor. This resulting amount shall then be subtracted from the park in-lieu fees due for that project.
(Added by Ord. 08-1228, adopted 5-25-2008)
The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:
(a) 
At the time of filing a tentative tract map for approval, the subdivider of the property shall, as a part of such filing, indicate whether specific property is to be dedicated for park and recreational purposes, or a fee in-lieu is to be paid. The area proposed for dedication shall be designated on the tentative tract map as submitted.
(b) 
At the time of the tentative tract map approval, the City Council shall determine as a part of such approval, whether to require a dedication of the land within the subdivision or payment of a fee in-lieu thereof, or a combination of both.
(c) 
Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded at the same time as the final tract map.
(Added by Ord. 08-1228, adopted 5-25-2008)
Whether the City Council accepts dedication or elects to require payment of a fee in-lieu thereof, or a combination of both, shall be determined by consideration of the following:
(a) 
Recreational element of the City's General Plan; and
(b) 
Topography, geology, access and location of land in the subdivision available for dedication; and
(c) 
Size and shape of the subdivision and land available for dedication.
The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. On subdivisions involving 50 lots or less, only the payment of fees shall be required.
(Added by Ord. 08-1228, adopted 5-25-2008)
The Planning Commission may require, as a condition of approval of tentative maps, the dedication of easements for the purpose of assuring the right to receive sunlight across adjacent parcels in the subdivision for which approval is sought for any solar energy system, in accordance with the provisions of Section 66475.3 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
A soils report shall be required in accordance with the provisions of Chapter 4, Article 7, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The Planning Commission or the City Council may require a subdivider to construct or install improvements for the benefit of the residents of the subdivision.
(Added by Ord. 08-1228, adopted 5-25-2008)
All highway improvements, including drainage structures incidental thereto, shall be installed to alignments and grades as approved by the City Engineer. When required, traffic-control devices and street name signs shall be furnished and installed in accordance with City standards. Each highway, other than a major or secondary highway, and each street, shall have a width of right-of-way and a width of roadway sufficient to serve adequately the area proposed to be subdivided, taking into consideration the size and nature of the proposed subdivision and its relationship to surrounding properties. Construction shall be performed in accordance with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
Construction of storm drain facilities shall be performed in accordance with City standards. In the event the City requires that completed facilities be maintained by the Los Angeles County Flood Control District, the subdivider shall obtain the approval of that agency for his proposed design and construction.
(Added by Ord. 08-1228, adopted 5-25-2008)
The water supply system in any subdivision shall be installed in accordance with City standards and Code provisions. Whenever a proposed subdivision is located within an area which the Water Division of the City is able and willing to serve, and the City is willing and able to provide the water service to the lots, the City shall be chosen as the water purveyor for the proposed subdivision, and such stipulation shall be attached as a condition of approval of the subdivision.
When fire hydrants are required as part of the improvements, the subdivider shall furnish and install the fire hydrant heads.
(Added by Ord. 08-1228, adopted 5-25-2008)
Street lighting systems shall be installed in accordance with City standards and those of the Utility Company.
Trenches for underground cable and/or conduit shall be backfilled in accordance with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
Utility and cable television facilities shall be required to be installed underground in new subdivisions in accordance with the respective industry standards, unless such requirement is waived by the Planning Commission. Wherever possible, the cable television facilities shall share the trench with power and/or telephone lines. Backfilling of trenches shall be in accordance with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
In any subdivision where subdivider proposes or is required to plant trees or shrubs in the streets, the subdivider shall first secure from the City Engineer, approval of the type or species and location of such trees or shrubs. Preparation of the soil prior to the installation of such trees or shrubs and the method of installation shall be in accordance with City standards.
Irrigation systems along with backfilling of trenches shall conform with City standards.
(Added by Ord. 08-1228, adopted 5-25-2008)
All improvements required to be installed by the subdivider in connection with a subdivision are for the benefit of the residents within that subdivision. However, if a subdivider installs improvements in connection with a subdivision which will benefit residents outside the subdivision, and such improvements are dedicated to the public, the subdivider may be entitled to a pro rata reimbursement by the City for such improvement, as determined by the City Council and in accordance with the provisions of Chapter 4, Article 6, of the Subdivision Map Act.
(a) 
When installation of a water distribution system is a requirement of a subdivision, the following policy is hereby adopted:
(1) 
Residential Subdivisions. Subdivider shall pay all costs of the required water main system and fire hydrants within the limits of the subdivision and feed main installation beyond the limits of subdivision to a maximum distance of 100 feet.
(2) 
Commercial/Manufacturing Subdivisions. Subdivider shall pay all costs of the required water main system and fire hydrants within the limits of the subdivision and feed main installation beyond the limits of the subdivision to a maximum distance of two hundred fifty feet (250′).
(b) 
In both (1) and (2) above, where water main installation beyond the limits of the subdivision will exceed the maximum lengths stated, the City will participate in the installation costs on an equal shares basis.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated on a final map, or parcel map, for streets, highways, public ways and easements in such a manner and with such improvements as are necessary for the general use of the residents in the subdivision and for local neighborhood traffic and drainage needs.
(Added by Ord. 08-1228, adopted 5-25-2008)
Each lot in any subdivision shall have a frontage and depth not less than that required by the comprehensive Zoning Ordinance.
(Added by Ord. 08-1228, adopted 5-25-2008)
The following standards shall apply to all proposed subdivisions within the Single Family Residential (R-1) zones. All subdivision developments shall also utilize the designs for considerations and recommendations regarding the design and placement of new subdivided lots:
(a) 
Minimum Dimensions. Lots may only be subdivided pursuant to the following standards:
(1) 
Each lot, except the private road, shall have a width and depth not less than that required pursuant to Section 9312.08, unless otherwise provided in this section.
Figure 9.9.1. Subdivisions
(2) 
Subdivisions proposing a private road shall have an existing minimum lot width equal to the required lot depth plus an additional 32 feet.
Figure 9.9.2. Required Lot Width Prior to Subdivision
(3) 
The lot depth of a subdivided lot with the front lot line oriented towards the public right-of-way may abide by the required lot depth or may have a minimum lot depth equal to two times the required lot width, whichever is less. Parcels shall remain in compliance with required minimum lot widths and lot area.
(i) 
This standard shall only apply to proposed subdivisions that involve more than two parcels and a proposed private road providing access to additional parcels.
Figure 9.9.3. Required Lot Depth for Lots Oriented Towards the Public Right-of-Way
(4) 
Existing parcels with a lot size equal to or larger than 60,000 square feet shall be processed as a Planned Unit Development.
(b) 
Private Roads.
(1) 
Private roads shall be their own and separate parcel under shared equal ownership by all adjoining subdivided lots.
(2) 
Private roads shall be measured from side boundary line to subdivided lot line, or from subdivided lot line to subdivided lot line when subdivisions are located on either side of a private road.
(3) 
Private road improvements shall be built to the standards described in the Downey Municipal Code for streets, lighting, grading/drainage, and traffic signs.
(4) 
Private roads shall be provided a new individual street name.
(i) 
Street name signs shall be provided per standards set forth in the Downey Municipal Code.
(5) 
At a minimum, private roads shall consist of one roadway, one row of parallel street parking, and a sidewalk. See Design Guidelines for considerations and recommendations regarding private roadway design.
(i) 
Roadway widths shall provide a minimum of 20 feet.
(ii) 
Parallel street parking shall provide a minimum width of eight feet and depth of 22 feet.
(iii) 
Sidewalk widths shall provide a minimum of four feet.
(6) 
Roadways and street parking shall be built at the same grade as adjoining public roadways, and shall be improved with a curb and gutter design approved by the City Engineer.
(7) 
Placement:
(i) 
Parallel street parking shall be located along the boundary line, and opposite of the subdivided lot line.
a. 
This standard shall not apply when there are subdivided lots located on both sides of a private road or for private roads that propose a second row of parallel street parking.
(ii) 
Sidewalks shall be located abutting the subdivided lot line, and opposite of the boundary line.
(8) 
Private road width shall be determined by subtracting the required lot depth from the width of the existing parcel prior to subdivision. In no case shall the private road be less than 32 feet and not more than 60 feet.
(i) 
This standard may be modified by the City Planner in order to comply with the requirements described in subsection (c)(1) of this section. In which case the required private road width shall be a minimum of 32 feet.
(ii) 
If subdivided lots are proposed to front both sides of the private road, then the private road shall measure a minimum width equal to the lot width of the existing parcel prior to subdivision, subtracted by two times the required lot depth, but not less than 40 feet and not more than 60 feet.
(9) 
Minimum private road widths equal to or larger than 36 feet shall incorporate, to the greatest extent feasible, one of the following or multiple combinations of the following: one or more four foot landscape parkways, a second row of parallel street parking, and a second sidewalk.
(10) 
In order to facilitate the creation of a 36-foot private road and provide a four foot landscape buffer; private road width equal to 32 feet may incorporate the standards below. Similarly, any road with up to 46 feet may incorporate these standards.
(i) 
Subdivided lots with a front lot line oriented towards a private road shall reduce their required lot depth by four feet provided that the proposed lot depth will not result in less than 100 feet and the parcel remains in compliance with the required minimum lot area.
a. 
These lots need only provide a front yard setback of 15 feet.
b. 
This section shall not apply if private road cannot maintain one continuous width.
c. 
This section shall only apply to new subdivision developments with a newly proposed private road.
d. 
The four feet shall be forfeited to increase the required private road width and be incorporated into the separate parcel.
(11) 
The private road shall comply with fire apparatus access road standards as required by the Fire Marshal and Fire Code.
(i) 
An approved turn-around for dead-end roads in excess of 150 feet in depth shall be provided as required by the Fire Marshal and the Fire Code.
(ii) 
Approved signs, markings, or other notices, such as red curbs, shall be provided as required by the Fire Marshal and Fire Code.
(12) 
Relevant covenant agreements shall be approved by the City Attorney and recorded with the Los Angeles County Recorder's Office. Composition and recordation of such documents shall be the responsibility of the applicant. Agreements shall include, but are not limited to, language related to granting public access, addressing maintenance, granting the City authority regarding street closures, and naming the road its own and separate parcel equally owned by all abutting new subdivided lots.
(c) 
Lot Placement and Orientation.
(1) 
The number of subdivided lots required to have the front lot line oriented towards the public right-of way shall be calculated by the width of the existing parcel prior to subdivision divided by the required minimum lot width. See Design Guidelines for considerations and recommendations regarding lot placement and orientation.
(i) 
Any decimal fraction shall be rounded down to the nearest whole number.
(ii) 
Subdivisions proposing the creation of four or more subdivided lots may deduct 32 feet from the width of the existing parcel prior to subdivision for the purposes of calculating the amount of subdivided lots that must be oriented towards the public right-of-way.
(iii) 
A minimum of two parcels shall be orientated towards a public right-of-way.
a. 
To the greatest extent feasible, all proposed parcels shall be oriented towards the public right-of-way.
(iv) 
Additional subdivided lots shall be built, behind these lots, with access from and orientation towards a private road.
(d) 
Parking.
(1) 
A private road must accommodate a minimum of one parking space per each subdivided lot that abuts the private road.
(2) 
Each new parcel is subject to the parking standards pursuant to Section 9710.
(3) 
Street Parallel Parking dimensions and placement shall comply with subsection (b) of this section.
(e) 
Landscaping.
(1) 
Private roads with a width equal to or greater than 36 feet shall provide a landscape buffer of four feet (4′).
(2) 
For subdivisions with a private road width less than 36 feet, in which subsection (b)(10) of this section, a four foot landscape buffer shall be provided on the private property of the new subdivided lot abutting the front property line.
(3) 
Each new subdivided lot and all forms of required landscape buffers shall comply with the landscape standards set forth in the Downey Municipal Code for street trees and Section 9520.
(4) 
One tree shall be provided for every 50 feet along the private road.
(Added by Ord. 21-1462, adopted 5-25-21)
The subdivider shall be required to pay the applicable fees at the time of filing of the respective maps or plans and in accordance with Section 66451.2 of the Subdivision Map Act and with such fees as shall be established by a resolution adopted by the City Council.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider shall pay to the City a tentative map or tentative parcel map checking fee at the time of filing. Such fee shall be established by a resolution adopted by the City Council.
(Added by Ord. 08-1228, adopted 5-25-2008)
Final maps and parcel maps shall be checked and processed by the City Engineer. Fees required for plan check shall be the actual cost to the City, including overhead. A deposit shall be made by the applicant in an amount estimated by the City Engineer. Should the actual cost be higher than the estimate, the difference shall be paid to the City prior to recording the map. Should the final cost be less than the estimate the difference shall be refunded to the depositor. This checking fee shall be in addition to all other fees and charges required by law.
Record of survey maps shall be checked and processed by the County Engineer. The fees required for such plan checking shall be paid by the developer directly to the County Engineer. Such fee shall be in addition to all other fees and charges required by law.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider shall pay to the City a checking fee for improvement plans prior to the plan checking. Such fee shall be established by a resolution adopted by the City Council.
(Added by Ord. 08-1228, adopted 5-25-2008)
After the approval by the City of a final map or parcel map of a subdivision, said map shall be transmitted to the County Recorder as provided for in Section 66464 of the Subdivision Map Act. Payment for recordation shall be made by the developer as required by State Law.
(Added by Ord. 08-1228, adopted 5-25-2008)
The preservation and setting of all required monuments in connection with a subdivision shall be in accordance with Chapter 4, Article 9, of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
When a field survey is required, each final map, or parcel map, shall show all durable monuments found at or near each boundary corner and at intermediate points, and where required, each final map and parcel map shall show all durable monuments set at or near each boundary corner and at such intermediate points as may be made necessary by topography to insure accuracy in reestablishment of any point of a line without unreasonable difficulty.
The precise position and character of each such monument shall be shown on such map. Such durable monument shall be not less substantial than an iron pipe of a two-inch outside diameter, not less than 30 inches in length, with plug and tack, and set at least two feet into the ground, or it shall be of such other character and stability as may be approved by the City Engineer. For the purposes of these regulations, a lead and tack set in permanent cement concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map.
(Added by Ord. 08-1228, adopted 5-25-2008)
Whenever necessary, in the opinion of the City Engineer, centerline monuments shall be set to make the intersection of the streets, intersections of streets with the tract boundary, or to make either the beginning and end of curves or the points in intersections of tangents thereof, or other intermediate points. Each such monument shall be not less durable and substantial than:
(a) 
In cement concrete surfaces – a lead and tack;
(b) 
In unsurfaced, graveled or oiled surfaces – a two-inch iron pipe set not less than 12 inches below the surface, or at such other depth as may be approved by the City Engineer;
(c) 
In asphaltic concrete pavements – a spike not less than six inches long.
(Added by Ord. 08-1228, adopted 5-25-2008)
For each centerline intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes clearly showing at least four durable and distinctive reference points with tie distances for each such intersection monument. Such reference points shall consist of leads and tacks in curbs or sidewalks, two inches by two inches wooden stakes set behind the curb line and below the surface of the ground, or such substitute therefor as appears to be less likely to be disturbed, as determined by the City Engineer.
Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform with the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as part of the permanent public records of this office.
(Added by Ord. 08-1228, adopted 5-25-2008)
All monuments set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.
(Added by Ord. 08-1228, adopted 5-25-2008)
In the event any of the monuments required to be set shall be set subsequent to the recordation of the final map or parcel map, as provided in Sections 66496 and 66497 of the Subdivision Map Act, the maps shall show which monuments are to be so set.
Prior to approval of the final map or parcel map, the subdivider shall submit a written agreement in which he agrees that the monument so deferred will be set within a specified time, and that the notes required in Section 9935.3 of this chapter will be furnished within a specified time. A deposit for the setting of deferred monuments shall be required.
(Added by Ord. 08-1228, adopted 5-25-2008)
Requirements imposed by the City on subdividers with regard to improvements shall be secured in accordance with the provisions of Chapter 5 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
In the event any improvements shall not be completed to the satisfaction of the City before the final map is filed or recorded, the subdivider shall, prior to the approval of the final map by the City Council, enter as a contractor into an agreement with the City whereby, in consideration of the acceptance by the City Council of the dedications offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and materials and to complete such work in accordance with City standards within the time specified in such agreement.
Upon entering into any agreement pursuant to this section, it shall be required that performance of such agreement be guaranteed by the security specified in Chapter 5 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider shall provide the improvement security specified in a form approved by the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
Subject to approval of the City as to the form, the subdivider may deposit with the City Treasurer any of the following means as security for the required improvements:
(a) 
Cash or cashier's check;
(b) 
Negotiable bonds;
(c) 
Time Certificate of Deposit payable to City.
The City Treasurer shall issue a written receipt as proof of deposit.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider may make an assignment to the City Treasurer as security for the required improvements. The assignment may be in the form of a savings pass book or similar certificate. An assignment agreement form shall be executed by the subdivider or assignor, the loan institution and the City.
(Added by Ord. 08-1228, adopted 5-25-2008)
The subdivider may provide an instrument of credit from one or more financial institutions subject to regulations by the State or Federal government which pledges that funds necessary to carry out the act or the provisions of the agreement are on deposit and guaranteed for payment. The form of an instrument of credit shall be approved by the City Attorney.
(Added by Ord. 08-1228, adopted 5-25-2008)
The security to guarantee the performance of any act or agreement shall include the following amounts:
(a) 
When the total estimated cost of the improvements or of the act to be performed are as shown in the table below, the percentage of improvement security shall be as shown below:
Estimated Cost
Percentage of Security
$ 0 – 50,000
100
$50,001 – 100,000
90
$100,001 – 200,000
80
Over 200,000
75; and
(b) 
50% of the total estimated cost of the improvement or the performance of the required act, securing payment to contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act; and
(c) 
Five percent of the total estimated cost of the improvement or act to guarantee the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished; and
(d) 
In addition to the face amount of the security there shall be added as part of the obligation an amount to be determined by the City Engineer as reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City to successfully enforce the obligation secured. Expenses and fees shall include the anticipated cost of inspecting the improvements or acts required as condition of the subdivision.
(Added by Ord. 08-1228, adopted 5-25-2008)
The security furnished by the subdivider may be released in whole or in part in accordance with the provisions of Section 66499.7 of the Subdivision Map Act. The City Engineer shall determine if releases are appropriate and the amounts to be so released.
(Added by Ord. 08-1228, adopted 5-25-2008)
Before commencing any improvement, the subdivider shall make the following special deposits:
(a) 
The sum required by this Code for inspection of all street lights or street light systems to be installed;
(b) 
The sum required by this Code for inspection of all sanitary sewer facilities to be installed;
(c) 
The sum estimated by the City Engineer to cover the actual cost of inspection of all highway improvements, including drainage structures incidental thereto;
(d) 
The sum estimated by the City Engineer to cover the actual cost of inspection of all improvements under the jurisdiction of the City Engineer other than improvements referred to in subsections (a), (b) and (c) of this section.
(Added by Ord. 08-1228, adopted 5-25-2008)
The City shall refund unused deposits as provided in this Code. In all cases not covered by this Code, if the actual cost of the inspection is less than the amount deposited, the City shall refund to the applicant an amount still remaining, in the same manner as provided by law for the repayment of trust moneys.
(Added by Ord. 08-1228, adopted 5-25-2008)
In lieu of making the special deposit required for the cost of inspection of improvements by the City Engineer, the subdivider may make and maintain with the City a general deposit in an amount not less than $1,000. The amount of such general deposit shall be determined by the City Engineer to be sufficient to protect the City's interest. The general deposit shall be held and used for the same purposes as the special deposit for the cost of the inspection of the improvements.
(Added by Ord. 08-1228, adopted 5-25-2008)
If any deposit is less than sufficient to pay all of the costs of inspection, the subdivider, upon demand of the City Engineer, shall pay to the officer making the demand an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered uncompleted.
(Added by Ord. 08-1228, adopted 5-25-2008)
Five percent of the total deposit or instrument of credit shall remain in effect in force for one year following the date of completion and acceptance of the improvements against any defective work or labor done, or defective materials furnished, as provided in Section 9943 of this Code. The form to be executed for the coverage of the faithful performance shall be substantially as provided in Section 66499.1 of the Subdivision Map Act.
(Added by Ord. 08-1228, adopted 5-25-2008)
Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Council may, upon notice in writing of the not less than 10 days served upon the person signing such contract, or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of the person signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such improvement work.
(Added by Ord. 08-1228, adopted 5-25-2008)
The provisions of Section 9948.1 through 9948.8 of this chapter are enacted pursuant to the authority contained in Sections 11525 and 11535.1 of the Business and Professions Code of the State. Said provisions shall apply to subdivisions involving condominium projects.
(Added by Ord. 08-1228, adopted 5-25-2008)
Condominium projects require special additional regulations because of special problems resulting from the divided ownership of individual units, and the purpose of Sections 9984.1 through 9948.8 of this chapter is to provide reasonable standards for the location, design, and development of condominium projects and information contained in the precise plan of development which shall be filed with the tentative map.
(Added by Ord. 08-1228, adopted 5-25-2008)
A precise plan of design shall be required for the use or development of any lot or parcel of real property for a condominium project, irrespective of the area or size of such lot or parcel.
(Added by Ord. 08-1228, adopted 5-25-2008)
Each application for the approval of a precise plan of design for a condominium project shall include the following information and documents:
(a) 
A site plan with at least the following details shown to scale:
(1) 
The location, height, gross floor area, and proposed uses of each existing structure to remain and for each proposed structure;
(2) 
The location, use, and type of surfacing of all open storage areas, including trash areas;
(3) 
The location and type of surfacing of all driveways, pedestrian ways, vehicle parking areas, and curb cuts;
(4) 
The location, height, and type of materials for walls or fences;
(5) 
The location of all landscaped areas, the type of landscaping, and a statement specifying the method by which the landscaping areas shall be maintained;
(6) 
The location of all recreational facilities and a statement specifying the method of the maintenance thereof; and
(7) 
The location of the parking facilities to be used in conjunction with each condominium unit.
(b) 
Each application for the approval of the precise plan of design shall be accompanied by three copies of plans and elevations of all structures showing the architectural features and the types and materials of construction; and
(c) 
Each application for the approval of the precise plan of design shall be accompanied by three copies of the covenants, conditions, and restrictions that will apply to the proposed development, which covenants, conditions, and restrictions shall include, but shall not be limited to, the following provisions:
(1) 
Provisions in a manner reasonably satisfactory to the City for the maintenance of the common areas of any such project by the City in the event of default in the maintenance of such common areas by individual owners of the units and for the reimbursement to the City for any costs incurred thereby; and
(2) 
In residential condominium projects the covenants, conditions, and restrictions shall include:
(i) 
Provisions restricting the use of each residential unit to use as a single-family residence, and
(ii) 
Provisions establishing each individual unit owner's exclusive right to the use of not less than two specifically designated covered parking spaces for each unit.
(Added by Ord. 08-1228, adopted 5-25-2008)
Applications for the approval of a precise plan of design for condominium projects shall be made in such form as the Planning Commission shall prescribe, and all applications for the approval of precise plans of design shall be processed, approved, modified, or rejected by the Planning Commission, irrespective of the area of the lot or parcel involved in any such project.
(Added by Ord. 08-1228, adopted 5-25-2008)
A tentative map of a condominium project may be approved subject to the imposition of reasonable conditions relating to the design and improvements of the subdivision.
(Added by Ord. 08-1228, adopted 5-25-2008)
Neither a tentative map nor a precise plan of design for a condominium project shall be approved unless the project will comply with the then existing building Codes and zoning regulations and all other Municipal Code requirements; provided, however, notwithstanding the foregoing, where minor variations from Code requirements exist with respect to the conversion of any existing structure to a condominium, and full compliance with Code requirements presents practical difficulties or would result in extreme hardship, the Planning Commission may waive literal compliance and approve the project upon finding that it generally conforms with the spirit and purpose of the provisions of Sections 9948.1 through 9948.8 of this chapter and other Code requirements.
(Added by Ord. 08-1228, adopted 5-25-2008)
The provision of Sections 9948.1 through 9948.7 of this chapter are intended to augment and be in addition to the provisions of Sections 9900 through 9947 of this chapter.
(Added by Ord. 08-1228, adopted 5-25-2008)
The purpose of Sections 9950 to 9950.13 is to provide a procedure by which the City may initiate the merging of two or more contiguous substandard parcels. The parcels must be held in common. This procedure is adopted pursuant to Sections 66451.10 through 66451.21, inclusive, of the California Government Code, State Subdivision Map Act ("Map Act") and the Charter of the City of Downey.
(Added by Ord. 08-1228, adopted 5-25-2008)
Pursuant to Section 66451.11 of the Map Act, the Director of Community Development may initiate a merger of substandard parcels held by the same owner, if any one of the contiguous parcels does not conform to the City's standards for minimum lot area, as provided by the Zoning Ordinance or applicable specific plan, and if the requirements of Section 9950.03 are satisfied; providing, however, that the parcels shall not be merged if any one of the conditions set forth in Subsections 66451 (a) through 66451.11 (e) inclusive, of the Map Act exists.
(Added by Ord. 08-1228, adopted 5-25-2008)
Substandard parcels proposed for merging must meet all of the following criteria:
(a) 
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 parcel.
(b) 
With respect to any affected parcel, one or more of the following conditions exists:
(1) 
The parcel comprises less than 5,000 square feet in area at the time of the determination of merger.
(2) 
The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
(3) 
The parcel does not meet current standards for sewage disposal and domestic water supply.
(4) 
The parcel does not meet slope stability standards.
(5) 
The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
(6) 
Its development would create health and safety hazards.
(7) 
The parcel is inconsistent with the City's General Plan or any applicable specific plan.
(Added by Ord. 08-1228, adopted 5-25-2008)
Prior to merging parcels, the Director of Community Development shall cause to be mailed by certified mail to the then current record owner of the property, a Notice of Intent to Merge, notifying the owner that the affected parcels may be merged pursuant to Sections 9950.1—9950.13 of the Downey Municipal Code. The notice shall include the statement that the owner will be given the opportunity to request a hearing and present evidence that the proposed substandard merger does not meet the criteria for merger. The Notice of Intent to Merge shall be recorded with the Los Angeles County Recorder on the data that notice is given to the property owner of record.
(Added by Ord. 08-1228, adopted 5-25-2008)
For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as the date that Notice of Intent to Merge is recorded pursuant to Section 9950.04 of the Downey Municipal Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
At any time in 30 days after recording of the Notice of Intent to Merge, the owner of the affected parcels may file with the Director of Community Development a request for a hearing on the proposed merger.
(Added by Ord. 08-1228, adopted 5-25-2008)
If, within the 30 day period specified in Section 66451.14 of the Map Act and Section 9950.06 of the Downey Municipal Code, the owner does not file a request for hearing, the Planning Commission may make a determination that the affected parcels are or are not to be merged. If the parcels are to merged, the Planning Commission shall cause to be recorded the Notice of Merger as provided for in Section 66451.12 of the Map Act and Section 9950.13 of the Downey Municipal Code. If the Planning Commission makes a determination of non-merger, it shall release the Notification of Intent to Merge in accordance with Section 9950.12.
(Added by Ord. 08-1228, adopted 5-25-2008)
(a) 
Upon receiving a request for a hearing from the property owner of the affected property, the Director of Community Development shall fix a time, date and place for a hearing to be conducted by the Planning Commission in accordance with Section 66451.15 of the Map Act. The hearing shall be conducted not more than 60 days following the Director's receipt of the owner's request, but may be continued with the mutual consent of the Planning Commission and the property owner. Notice of the hearing shall be given to the property owner by certified mail.
(b) 
At the hearing the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger as set forth in Section 9950.03 of the Downey Municipal Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
After completion of the hearing by the Planning Commission, or if no hearing is requested, after completion of the 30 day period specified in Section 9950.07 of the Downey Municipal Code, the Planning Commission shall make the following findings in order to merge a substandard parcel:
(a) 
The merged parcel complies with Section 66451.11(a) of the Subdivision Map Act.
(b) 
The merged parcel complies with Section 66451.11(b) of the Subdivision Map Act.
(c) 
The merged parcel complies with Section 9950 et seq. of the Downey Municipal Code.
(d) 
The merged parcel does not adversely affect the purpose and intent of the City's general plan or the public convenience or welfare.
The Planning Commission may determine that the parcels are not to be merged, notwithstanding that the affected parcels have met all the requirements set forth in Section 9950.03.
(Added by Ord. 08-1228, adopted 5-25-2008)
At the conclusion of the hearing the Planning Commission shall make a determination as to whether the affected parcels are to be merged or not to be merged. The Commission shall notify the owner of its determination no later than five working days after the determination has been reached. If notification cannot be made at the time of the hearing to the owner in person, notification shall be made by certified mail. A determination of merger shall be recorded within 30 days after the conclusion of the hearing in accordance with Section 9950.13 of the Downey Municipal Code.
(Added by Ord. 08-1228, adopted 5-25-2008)
(a) 
If the property owner requested a hearing pursuant to Section 9950.06 and received a determination by the Planning Commission that the affected parcels are to be merged at the conclusion thereof, he or she may appeal said determination to the City Council by filing a written notice of such appeal with the City Clerk no later than 15 days (10 days per state law) after the date of the notice to the property owner of the Planning Commission's determination. Such appeal shall set forth specifically the facts upon which the property owner bases his or her claim that the Planning Commission's findings were in error, and that the decision of the Planning Commission is not supported by the evidence and that the public necessity, convenience and welfare require the Planning Commission's decision to be reversed.
(b) 
All decisions of the Planning Commission regarding the merger or non-merger of parcels shall be final, unless appealed from as prescribed in this section, or until any condition precedent to its effectiveness has been fulfilled, whichever is later in time.
(c) 
The City Clerk shall not accept for filing a notice of appeal unless and until the appellant has submitted to the City Clerk a filing fee as determined by resolution of the City Council.
The City Clerk shall forthwith transmit a copy of such notice of appeal to the Commission's secretary and place such appeal on the City Council's agenda for a regularly scheduled meeting not more than 30 days thereafter. The Commission's secretary, not less than 10 calendar days after the date of receipt of the notice of appeal, shall transmit to the City Clerk for presentation to the City Council all papers constituting the record upon which the Commission's determination was made, including, but not limited to, the minutes of the hearing thereof, and shall submit to the City Council a written report, prepared from the record upon which the determination was made, stating the factual and legal basis on which the Commission determined that the affected parcels are to be merged.
A hearing before the City Council on appeal shall be set and notice thereof given by the City Clerk in the same manner as provided in Section 9950.06. The City Council may not approve or reverse the Commission's final determination until it has held a hearing thereon.
(d) 
The City Council, after the completion of such hearing, which it may continue from time to time, may reverse or approve the determination of the Commission, provided, however, that before reversing the determination of the Commission, the matter may be referred to the Commission for a report and recommendation, and a copy of the report and recommendations shall be filed with the Council before any reversal is effected. The failure of the Commission to report within 40 calendar days, or such period as may be designated by the Council, after the reference by the Council, shall be deemed to be a recommendation of denial of the proposed reversal. No further hearing shall be required by the Commission.
(e) 
On the date a notice of appeal is filed pursuant to this section, all proceedings in furtherance of the determination appealed from, including the effective date of any merger, shall be stayed until the final determination of the appeal or review by the City Council.
(f) 
The Council shall announce its findings and decision in an appeal proceeding by formal action not more than 40 calendar days following the termination of the proceedings, of the hearing, or following the receipt of a report from the Commission when a matter has been referred back to the Commission. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of the merger of parcels provisions, and shall order that the Commission's decision be affirmed or reversed. The Council shall effect such determination by the affirmative vote of not less than a majority of the total membership of the Council; otherwise the appeal shall be deemed denied and the action of the Commission shall become final. The action of the Council shall be final and conclusive.
(g) 
If the City Council affirms the decision of the Planning Commission or the action of the Commission becomes final, the Director of Community Development shall, within 30 days of the decision of the City Council, file for record a Notice of Merger with the Los Angeles County Recorder's Office, and mail a copy of said notice to the property owner.
(h) 
If the City Council reverses the decision of the Planning Commission, the Director of Community Development shall, within 30 days of the decision of the City Council, file for record a release of the notice of intention to determine status with the Los Angeles County Recorder's Office, and mail a copy of said release to the property owner.
(Added by Ord. 08-1228, adopted 5-25-2008)
If, in accordance with Section 9950.03 and 9950.09 of the Downey Municipal Code, the Planning Commission determines that the parcels shall not be merged, it shall cause to be recorded in the manner specified in Section 9950.13 of the Downey Municipal Code, a release of the Notice of Intent to Merge. The property owner shall be mailed a clearance letter.
(Added by Ord. 08-1228, adopted 5-25-2008)
A merger of substandard parcels shall become effective upon recordation with the Recorder of the County of Los Angeles, a Notice of Merger specifying the determination of the Planning Commission, the name(s) of the recorded owner(s) and a legal description of the substandard parcels.
(Added by Ord. 08-1228, adopted 5-25-2008)
Section 66499.20-3/4 of the California Government Code, State Subdivision Map Act, permits merger of other parcels when contiguous parcels are held in common. It is the intent of the City to permit parcel mergers, since mergers will create larger parcels, furthering good planning practices and revitalization of the City. It is the intent of the City of Downey to regulate the merger of other parcels.
(Added by Ord. 08-1228, adopted 5-25-2008)
Merger of other parcels shall require a City application. Included with the application shall be a current policy of title insurance, indicating ownership and easements. The application shall include legal descriptions of the existing parcels and the proposed merged parcel. The application shall be accompanied by a map of the existing parcels and a map of the proposed merged parcel, prepared to the specifications of the City Engineer.
(Added by Ord. 08-1228, adopted 5-25-2008)
Other parcels proposed for merging must meet all of the following criteria:
(a) 
The unmerged parcels must comply with the current lot area standards.
(b) 
The unmerged parcels must have been legally created and in compliance with all applicable laws in effect when created.
(c) 
The proposed parcel must be served by public sewer and water.
(d) 
The proposed parcel must have a legal access for ingress and egress to a street irrevocably dedicated for public street purposes.
(e) 
The proposed parcel must be served by all necessary rights-of-way or utility easement dedications.
(f) 
The proposed parcel must possess adequate parking and access without considering reciprocal parking or access agreements.
(g) 
The parcels to be merged must be contiguous and held in common ownership.
(Added by Ord. 08-1228, adopted 5-25-2008)
For purposes of determining whether contiguous parcels are held in common, ownership shall be determined as of the date the application is filed.
(Added by Ord. 08-1228, adopted 5-25-2008)
The City may establish fees, including staff costs and costs of recordation of documents. Fees shall be established by Resolution of the City Council.
(Added by Ord. 08-1228, adopted 5-25-2008)
Upon determining the application is complete, the Director of Community Development shall cause the proposed merger to be set for public hearing in accordance with Section 9804 et seq. of the Downey Municipal Code. Notice shall be given to applicant and affected property owners pursuant to Section 9804.06(c) of the Downey Municipal Code. The hearing may be postponed or continued with the mutual consent of the Planning Commission and applicant.
(Added by Ord. 08-1228, adopted 5-25-2008)
Upon determining the application complete, the Director of Community Development shall cause to be recorded a Notice of Intent to Merge with the Recorder of the County of Los Angeles. The notice of intent to merge shall be filed on all affected parcels, indicating the property owner has filed an application to merge parcels.
(Added by Ord. 08-1228, adopted 5-25-2008)
After completion of the hearing, the Planning Commission shall make the following findings in order to merge other parcels:
(a) 
The merged parcel conforms with the general plan, zoning ordinance and applicable specific plan.
(b) 
Development of the merged parcel creates no public health, safety or welfare hazards.
(c) 
The merged parcel has adequate access and is served by all necessary utilities.
(d) 
The merged parcel is comprised of legally created standard parcels, owned in common by the same person(s).
(e) 
The merged parcel does not require right-of-way or utility easement dedications. The merged parcel does not require parking or access agreements.
The Planning Commission may determine that other parcels are not to be combined by merger and require the filing of a parcel or tentative map.
(Added by Ord. 08-1228, adopted 5-25-2008)
At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels shall be merged or shall not be merged.
(a) 
If the Planning Commission determines, pursuant to Section 9960.08 of the Downey Municipal Code, that the parcels shall be merged, it shall cause to be recorded a Notice of Merger. The Notice of Merger shall contain the name(s) of the record owner(s), legal description of the existing standard parcels and new legal description of the merged parcel, and maps of the existing standard parcels and the new merged parcel.
(b) 
The applicant shall have one year to complete the merger in accordance with the specifications of the City Engineer and record the merger with the Recorder of the County of Los Angeles.
(c) 
The initial one year period may be extended for one year by the Planning Commission, upon written request by the applicant. The written request shall be received by the City Clerk 30 days prior to the expiration of the initial one year approval.
(d) 
If, in accordance with Sections 9960.03 and 9960.09, the Planning Commission determines that the parcels cannot be merged, it shall cause to be recorded a release of the Notice of Intent to Merge.
(Added by Ord. 08-1228, adopted 5-25-2008)
A record of survey for the merged parcel shall be completed, unless determined unnecessary by the City Engineer. Monumentation shall be made in accordance with the specifications of the City Engineer.
(Added by Ord. 08-1228, adopted 5-25-2008)
"Unit"
means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
"Urban lot split"
means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
(a) 
Owners.
(1) 
Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
(2) 
Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.
(b) 
An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(c) 
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
(a) 
An application for a parcel map for an urban lot split is approved or denied ministerially, by the planning director, without discretionary review.
(b) 
A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
(c) 
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
(d) 
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
An urban lot split must satisfy each of the following requirements:
(a) 
Map Act Compliance.
(1) 
The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this section.
(2) 
If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:
(i) 
The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.
(ii) 
The City has all the remedies available to it under the SMA, including, but not limited to, the following:
(A) 
An action to enjoin any attempt to sell, lease, or finance the property.
(B) 
An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) 
Criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) 
Record a notice of violation.
(E) 
Withhold any or all future permits and approvals.
(3) 
Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.
(b) 
Zone. The lot to be split is in a subzone of the single-family residential zone (R-1).
(c) 
Lot Location.
(1) 
The lot to be split is not located on a site that is any of the following:
(i) 
Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) 
A wetland.
(iii) 
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) 
A hazardous waste site that has not been cleared for residential use.
(v) 
Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) 
Within a 100 year flood hazard area, unless the site has either:
(A) 
Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(B) 
Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) 
Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) 
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) 
Habitat for protected species.
(x) 
Land under conservation easement.
(2) 
The purpose of subsection (c)(1) above is merely to summarize the requirements of Government Code Sections 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)
(3) 
The applicant must provide evidence that the requirements of Government Code Sections 65913.4(a)(6)(B)–(K) are satisfied.
(d) 
Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.
(e) 
No Prior Urban Lot Split.
(1) 
The lot to be split was not established through a prior urban lot split.
(2) 
The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert with the owner" here includes any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
(f) 
No Impact on Protected Housing.
(1) 
The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) 
Housing that is income-restricted for households of moderate, low, or very low income.
(ii) 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(iii) 
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) 
Housing that has been occupied by a tenant in the last three years.
(2) 
As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.
(i) 
The sworn statement must state that:
(A) 
No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) 
No housing that is subject to any form of rent or price control will be demolished or altered.
(C) 
No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) 
No housing that has been occupied by a tenant in the last three years will be demolished or altered.
(ii) 
The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(g) 
Lot Size.
(1) 
The lot to be split must be at least 2,400 square feet.
(2) 
The resulting lots must each be at least 1,200 square feet.
(3) 
Each of the resulting lots must be between 60% and 40% of the original lot area.
(h) 
Easements.
(1) 
The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(2) 
Each easement must be shown on the tentative parcel map.
(3) 
Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection (b) above.
(4) 
If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.
(i) 
Lot Access.
(1) 
Each resulting lot must adjoin the public right-of-way.
(2) 
Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.
(j) 
Unit Standards.
(1) 
Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 9414 of this Code, an ADU, or a JADU.
(2) 
Unit Size.
(i) 
The total floor area of each primary dwelling that is developed on a resulting lot must be:
(A) 
Less than or equal to 800; and
(B) 
More than 500 square feet.
(ii) 
A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) 
A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(3) 
Height Restrictions.
(i) 
On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) 
On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) 
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(4) 
Lot Coverage. A maximum lot coverage of 45% is permitted. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(5) 
Open Space. Open space in the amount of 300 square feet per unit shall be provided with a minimum dimension of 10 feet. The required open space shall be one consecutive area and shall not include setbacks. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
(6) 
Setbacks.
(i) 
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) 
Exceptions. Notwithstanding subsection (j)(6)(i) above:
(A) 
Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) 
Eight hundred Square Feet; Four Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) 
Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback areas must:
(A) 
Be kept free from all structures greater than three feet high;
(B) 
Be fully landscaped, except approved walkways and driveways, with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) 
Allow for vehicular and fire-safety access to the front structure.
(7) 
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space, within a garage, per unit unless one of the following applies:
(i) 
The lot is located within 1/2 mile walking distance of either
(A) 
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) 
A site that contains:
a. 
An existing rail or bus rapid transit station,
b. 
A ferry terminal served by either a bus or rail transit service, or
c. 
The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(ii) 
The site is located within one block of a car-share vehicle location.
(8) 
Architecture.
(i) 
If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(ii) 
If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) 
All residential development within an R-1 zone is subject to the objective architectural guidelines provided in Chapter 3 of this Municipal Code. The objective design guidelines checklist must be utilized in the design and any new residential development in the R-1 zones.
(iv) 
All exterior lighting must be limited to down-lights.
(v) 
No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(vi) 
If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(9) 
Landscaping.
(i) 
Tree Removal.
(A) 
No mature tree may be removed on a lot with any development under this chapter unless removal is necessary to constructing a dwelling unit that must be allowed under State law.
(B) 
"Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) 
A tree may only be removed under subsection (j)(9)(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree.
(D) 
If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subsection (j)(9)(i)(C) above, the owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.
(ii) 
Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
(A) 
At least one 15 gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every 10 linear feet of exterior wall.
(B) 
Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(C) 
All landscaping must be drought-tolerant.
(D) 
All landscaping must be from the City's approved plant list.
(10) 
Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.
(11) 
Utilities.
(i) 
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) 
Notwithstanding subsection (j)(11)(i) above, a primary dwelling unit may have a direct utility connection to an on-site wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) 
All utilities must be underground.
(12) 
Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
(k) 
Fire-Hazard Mitigation Measures.
(1) 
A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) 
It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) 
All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) 
All enclosed structures on the site must have fire sprinklers.
(iv) 
All sides of all dwellings on the site must be within a 150 foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.
(v) 
If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
(2) 
Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.
(l) 
Separate Conveyance.
(1) 
Within a Resulting Lot.
(i) 
Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) 
Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) 
All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(iv) 
No timeshare, as defined by State law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
(2) 
Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
(m) 
Regulation of Uses.
(1) 
Residential-Only. No non-residential use is permitted on any lot created by urban lot split.
(2) 
No STRs. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
(3) 
Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
(n) 
Notice of Construction.
(1) 
At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) 
Notice that construction has been authorized,
(ii) 
The anticipated start and end dates for construction,
(iii) 
The hours of construction,
(iv) 
Contact information for the project manager (for construction-related complaints), and
(v) 
Contact information for the Building and Safety Department.
(2) 
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(o) 
Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:
(1) 
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(2) 
Expressly prohibits any non-residential use of the lots created by the urban lot split.
(3) 
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(4) 
States that:
(i) 
The lot is formed by an urban lot split and is therefore subject to the City's urban lot-split regulations, including all applicable limits on dwelling size and development.
(ii) 
Development on the lot is limited to development of residential units under this section and Section 9312.08 of this Code, except as required by State law.
(a) 
Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(b) 
"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(c) 
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(Added by Ord. 22-1479, adopted 3-22-22)