§ 16.06

Four different types of maps and procedures are available for the purpose of creating subdivisions and lots, as identified in this chapter. Certain subdivisions may be created without following a map procedure.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

A tentative tract map is a preliminary map used whenever a lot or a number of contiguous lots is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or except as otherwise specified by Section 16.06.040 (Final Tract Maps) or Section 16.06.070 (Exclusions and Designated Remainder Parcels).

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. A tentative parcel map is a preliminary map used whenever a lot or contiguous lots is proposed to be subdivided for the purpose of creating fewer than five lots or fewer than five condominium units, or where:

  1. The land before division contains consists of less than five acres, each lot proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by City standards will have been previously complied with; or

  2. Each lot proposed to be created by the subdivision will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 20 feet to a maintained public street or highway; or

  3. The lot proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts streets or highways which have been approved by the City as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or

  4. Each lot proposed to be created by the subdivision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section.

• B. A parcel map shall not be required for subdivisions of a portion of the operating rights-ofway of a railroad corporation which are created by short-term leases, meaning terminable by either party on not more than 30 days' written notice. Furthermore, a parcel map shall not be required for land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made based upon substantial evidence in individual cases that public policy necessitates a parcel map.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA § 16.06.040

LOS ALAMITOS CODE

§ 16.06.060

A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved or conditionally approved tentative tract map. Each final tract map shall include all or an approved portion of the approved or conditionally approved tentative tract map. It shall be filed in compliance with the provisions of this title and the Subdivision Map Act.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved or conditionally approved tentative parcel map or with a portion of an approved or conditionally approved tentative parcel map which complies with the provisions of Section 16.06.030(A)(3) (Tentative Parcel Maps) of this title. A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of Section 16.06.030(A)(2), (A)(3), or (A)(4) (Tentative Parcel Maps). It shall be filed in compliance with the provisions of this title and the Subdivision Map Act, in particular, Government Code Sections 66426 and 66463.1.

• B. A parcel map shall be based upon a field survey, except that a parcel map may be compiled from record data when the City Engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified in this section.

• B. A request for determination as to the status of any lot created as a result of a lease or conveyance specified by subsections (B)(1) through (9) of this section may be submitted in compliance with the certificate of compliance procedure as stated in Chapter 16.32 (Certificate of Compliance). Neither a tentative or final tract or parcel map is necessary for the following:

  1. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

  2. Mineral, oil, or gas leases;

  3. Land dedicated for cemetery purposes under the Health and Safety Code;

  4. Leases of agricultural land for agricultural purposes;

  5. Short-term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of the operating right-of-way of a railroad corporation, defined as such by Public Utilities Code Section 230;

  6. Subdivisions in which every lot has a gross area of 60 acres or more;

  7. Lot line adjustments;

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.06.060

§ 16.06.060

8. Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances a tentative and final tract or parcel map may be required if the Director or City Engineer determines that a map is necessary for purposes of public health and safety or for the general welfare;

9. Any separate assessment under Revenue and Taxation Code Section 2188.7;

10. Unless a final parcel or final tract map was approved by the Planning Commission, the conversion of a community apartment project, as defined in Business and Professions Code Section 11004, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

• a. At least 75 percent of the units in the project were occupied by record owners of the project on March 31, 1982,

• b. A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Government Code Section 66424, after January 1, 1964, with all of the conditions of that map remaining in effect after the conversion, and

• c. The Director certifies that the above requirements were satisfied;

11. Unless a parcel or final map was approved by the Planning Commission, the conversion of a stock cooperative, as defined in Business and Professions Code Section 11003.2, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

• a. At least 51 percent of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1981 or individually owned by stockholders of the cooperative on January 1, 1981. As used in this subdivision, a cooperative unit is individually owned if and only if the stockholder of that unit owns or partially owns an interest in no more than one unit in the cooperative,

  • b. No more than 25 percent of the shares of the cooperative were owned by any one person, as defined in Government Code Section 17, including an incorporator or director of the cooperative, on January 1, 1981,

  • c. A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice and displacement, and relocation benefits, and

  • d. The Director certifies that the above requirements were satisfied;

12. The leasing of, or the granting of an easement to, a lot, or any portion or portions a lot, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the City;

13. The leasing or licensing of a portion of a lot or the granting of an easement, Conditional Use Permit, or similar right on a portion of a lot, to a telephone corporation (as defined in Public Utilities Code Section 234) exclusively for the

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City of Los Alamitos, CA § 16.06.060

LOS ALAMITOS CODE

§ 16.06.080

placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the City; or

14. The establishment of condominiums on property pursuant to the requirements of the Subdivision Map Act and this title when the Planning Commission or Council approved a final parcel map or final tract map for the project, the separation of a threedimensional portion or portions of the property from the remainder of the property or the division of that three-dimensional portion or portions into condominiums shall not constitute a further subdivision as defined in Government Code Section 66424, provided each of the following conditions has been satisfied:

  - a. The total number of condominiums established is not increased above the number authorized by the City in approving the parcel map or final map, 

  - b. A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in Civil Code Section 1351 subdivision (a), and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums, and

• c. The three-dimensional portion or portions of property are described on a condominium plan or plans, as defined in Civil Code Section 1351 subdivision (e).

• C. A final parcel map is not required when waived pursuant to the provisions of Chapter 16.28 (Waivers and Exceptions).

• D. A request for certificate of compliance may or may not require a tentative map, as specified by the Director.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Whenever a subdivider seeks to have a lot otherwise covered by the provisions of this title omitted or determined to be a designated remainder parcel, the provisions of Government Code Section 66424.6 shall apply and be followed by the subdivider and the City. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.

• B. A vesting tentative map shall be identified on the submittal as a "vesting tentative map."

• C. A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or pursuant to subsection D of this section.

• D. Whenever a subdivider files a vesting tentative map whose intended development is

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.06.080

§ 16.06.080

inconsistent with the Zoning Regulations in effect at the time, the inconsistency shall be noted on the vesting tentative map, and the vesting tentative map shall be processed subject to the provisions of Section 16.10.090 (Property Development Standard Conformance).

• E. A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements in this title.

• F. The provisions of Section 16.10.130 (Period of Validity—Extensions) shall apply to an approved or conditionally approved vesting tentative map.

• G. The vested right for a recorded subdivision map shall be for a period of one year beyond the recording date of the final tract map or final parcel map and shall confer on such maps all rights described in Government Code Sections 66498.1 through 66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall commence when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right to the Planning Commission. If the extension is denied, the developer may appeal in accordance with Chapter 17.60 (Appeals) of the Municipal Code.

• H. The provisions of Section 16.10.120 (Modification of Maps and Conditions of Approval) shall apply to an approved or conditionally approved vesting tentative map.

• I. Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the Council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps, including an extension of time.

• J. Fees for development permits such as building and grading permits, filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of the permit.

• K. Additional information requested is limited to that which relates to ordinances, resolutions, policies, or standards for the design, development, or improvement relating to the conferred vesting rights, except with regard to a specified determination under the California Environmental Quality Act, Public Resources Code Section 21080.1, or in compliance with Federal or State requirements.

• (Ord. 580 § 2, 1994; Ord. 12-05 § 2, 2012; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.08.010

§ 16.08.060