Chapter 152 — SUBDIVISION REGULATIONS

This chapter shall be referred to as “the city’s subdivision regulations”.

(Ord. 1346, passed 5-2-12)

The provisions of this chapter are intended to supplement and implement the Subdivision Map Act, as defined in § 152.04 of this chapter, for the purpose of regulating the design and improvement of divisions of land within the city. (Ord. 1346, passed 5-2-12)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVISORY AGENCY. The city staff member or city policy-making or decision-making body given the authority to act upon an application, as set forth in § 152.10 of this chapter.

CERTIFICATE OF COMPLIANCE; CONDITIONAL CERTIFICATE OF COMPLIANCE. A document issued

by the city and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act and this chapter. A CONDITIONAL CERTIFICATE OF COMPLIANCE includes any conditions that the city may impose upon the granting of such certificate requiring that specified terms be complied with prior to the subsequent issuance of a permit or other grant of approval for development of the property. DEDICATION. The conveyance of a street, alley, easement, or similar right-of-way to the city for public use or other purposes, and/or for maintenance. As used here, DEDICATION shall include a conveyance or waiver of direct access rights to future or proposed public or private streets.

ENVIRONMENTAL ANALYSIS. An analysis conducted pursuant to the provisions of the California Environmental Quality Act of the Cal. Pub. Res. Code §§ 21000 et seq .

FINAL TRACT MAP. A map showing a subdivision of five or more parcels prepared in accordance with the provisions of this chapter and the Subdivision Map Act and in a manner to be filed in the office of the County Recorder.

LOT LINE ADJUSTMENT. The adjustment or relocation of any property line between two contiguous existing, legally created lots. No LOT LINE ADJUSTMENT shall be permitted where the effect is to create additional lots or delete a lot.

PARCEL MAP. A map prepared for the purpose of dividing a legal parcel into four or fewer parcels and prepared in accordance with the provisions of this chapter and the Subdivision Map Act and in a manner to be recorded in the office of the County Recorder.

PARKWAY. That portion of a public right-of-way between the outermost curb-lane driving lane and the farthest edge of the right-of-way.

SUBDIVIDER. A person, firm, corporation, partnership, or association that proposes to divide, divides or causes to be divided real property into a subdivision for that person/entity or others, except that employees and consultants of such person/entity, acting in such capacity, are not SUBDIVIDERS .

SUBDIVISION MAP ACT. Cal. Gov’t Code §§ 66410 et seq. , as it may be amended.

TENTATIVE MAP. A map showing the design and improvements of a proposed division of land and the existing conditions in and around it.

VESTING TENTATIVE MAP. A tentative map for any subdivision, which shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed and which meets all of the requirements for a vesting tentative map as set forth in the Subdivision Map Act and this chapter 152.

ZONING CODE. The zoning code of the city set forth in chapter 153 of the Baldwin Park Municipal Code. (Ord. 1346, passed 5-2-12)

(A) No person shall divide any real property for the purpose of sale, lease or financing except in compliance with the provisions of this chapter and/or the Subdivision Map Act.

(B) This chapter shall apply to all divisions of land, except those exempted by Cal. Gov’t Code §§ 66412, 66412.1, 66412.2 and 66412.5 of the Act. In the event of divisions of land which are not subject to this chapter and/or the Subdivision Map Act, a certificate of compliance shall be issued for such on a form prescribed by the Community Development Director.

(Ord. 1346, passed 5-2-12)

The City Council, by resolution, shall set reasonable fees in connection with this chapter, including but not limited to fees for processing tentative, final and parcel maps; fees for giving notice of public hearings; fees for copying and distributing written reports on tentative maps; and fees for processing mergers and reversions to acreage. (Ord. 1346, passed 5-2-12)

(A) Advisory agency.

(1) The designated advisory agencies set forth in this section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions thereon, and shall have the authority act on upon such applications as set forth below. The City Planner and City Engineer shall have the authority to refer an application to the Planning Commission for action, and the Planning Commission shall have the authority to refer an application to the City Council for action, as indicated in this section.

TABLE 152.10

(2) Notwithstanding the provisions of this section, any application pursuant to this chapter that has an associated application made pursuant to the provisions of the Zoning Code and is subject to action by the Planning Commission or City Council, such application shall be subject to those same review and hearing requirements required for the Zoning Code application.

• (B) Appeal Board. The Planning Commission shall be the appeal board for any decision of the City Engineer or City Planner. The City Council shall be the appeal board for any decision of the Planning Commission.

• (C) City Engineer. The City Engineer shall be responsible for the following:

• (1) Establishing subdivision and public improvement design and construction details, standards and specifications.

• (2) Determining whether proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act.

• (3) Certifying final maps, reversion to acreage maps and amended maps, based on direction provided by the City Planner, for substantial compliance with approved tentative maps.

• (4) Certifying certificates of compliance based on direction provided by the City Planner.

• (5) Processing and approving subdivision improvement plans.

• (6) Inspecting and approving of subdivision improvements.

• (7) Approving final parcel maps involving no offers of dedication or improvements, with the authority to refer such to the City Council for action.

• (8) Providing assistance to the City Planner on the review of lot line adjustments.

• (9) Processing and acting to approve, approve with conditions or deny lot mergers.

• (10) Reviewing and acting upon time extension requests for approved tentative and vesting tentative maps.

• (D) City Planner. The City Planner shall be responsible for the following:

• (1) Accepting tentative map, parcel map, lot line adjustment, certificate of compliance, reversion to acreage,

commercial and residential condominium conversions and similar applications for processing; and distributing such application materials to appropriate agencies and city divisions for review.

• (2) Processing and reviewing final maps, reversion to acreage maps, certificates of compliance and amended maps, and making recommendations thereon prior to certification by the City Engineer.

• (3) Processing and acting to approve, approve with conditions or deny lot line adjustments.

(4) Investigating parcel map, tentative map, vesting tentative map, and condominium conversion applications for conformity to the general plan, applicable specific plans and the zoning code, and in consultation with other city departments, recommending action to the Planning Commission.

• (5) Conducting environmental analyses related to proposed applications pursuant to the California Environmental Quality Act set forth in Cal. Pub. Res. Code §§ 21000 et seq .

• (E) Planning Commission. The Planning Commission shall be responsible for the following:

• (1) Taking action to approve, approve with conditions or deny tentative map and parcel map applications.

• (2) Hearing appeals of decisions of the City Engineer and City Planner.

• (3) Reviewing and taking action to approve, approve with conditions or deny commercial condominium and residential condominium conversion applications.

• (F) City Council. The City Council shall be responsible for the following:

• (1) Accepting offers of dedication and improvements for divisions of land resulting in five or more parcels.

• (2) Taking action to approve, approve with conditions or deny any application referred by another advisory

agency or by appeal, or any land division application with an associated application filed pursuant to the requirements of the Zoning Code.

• (Ord. 1346, passed 5-2-12)

(A) Minimum improvements required for approval. No subdivision shall be approved unless those on-site and offsite improvements which are found by the City Engineer to be reasonably necessary to service the lots being created, are constructed or guaranteed to be constructed by the subdivider, which include, but not limited to, the following improvements:

• (1) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created.

• (2) An adequate sewage system designed and constructed to serve each lot proposed to be created.

• (3) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created.

• (4) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created.

(5) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services.

(6) An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings.

• (7) The undergrounding of utilities pursuant to chapter 97, part 2 (Underground Utility Districts) of the Municipal Code.

• (8) Any and all other improvements found necessary by the advisory agency and/or the appeal board to provide all services to each lot proposed to be created.

(B) Design requirements. The design of the subdivision shall conform to the requirements of this chapter, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines

Manual, generally accepted engineering standards, and to such standards required by the advisory agency and/or the appeal board, including, but not limited to, plans for grading and erosion control.

(C) Reimbursement for supplemental improvements. The city may require that improvements installed by a subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for benefit of property not within the subdivision, and that the improvements be dedicated to the public. If improvements containing supplemental size, capacity or number are required to be installed, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements. Any such reimbursement agreement shall be funded, exclusively, in the manner described and contemplated in the Subdivision Map Act.

the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements. Any such reimbursement agreement shall be funded, exclusively, in the manner described and contemplated in the Subdivision Map Act.

(D) Time for construction of improvements on subdivisions of fewer than five parcels and designated remainder parcels. The time of fulfillment of construction requirements for improvements for subdivisions of fewer than five parcels and on designated remainder parcels as defined in Cal. Gov’t Code § 66424.6 may be established by agreement between the city and the subdivider. In the absence of such an agreement, fulfillment of the construction requirements shall not be required until such time as a permit or other grant of approval for development is issued by the city, or within a reasonable time following approval of the final parcel map or tract map and prior to the issuance of a permit and other grant of approval for development upon a finding by the city that fulfillment of the construction requirements is necessary for the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area.

(Ord. 1346, passed 5-2-12)

(A) When required. A tentative map shall be submitted for subdivisions for which a parcel map or tract map is required by the Subdivision Map Act. The requirements set forth in this section shall apply to all applications for tentative parcel and tract maps.

(B) Application and filing fees required.

(1) An application shall be filed on forms provided by the City Planner. Such application shall be accepted for filing by the City Planner only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the City Council. An applicant may, in writing, withdraw the application at any time during the processing of the same. However, in accordance with adopted city policy, any refund of any of the filing and processing fees paid in connection with the application may occur on a pro-rated basis.

(2) Within 30 days of receiving an application and the application filing fee, the City Planner shall inform the applicant in writing whether the application is deemed complete for the purpose of Cal. Gov’t Code Title 7, Div. 2, Ch. 4.5 (commencing with § 66498.1).

(C) Submission of tentative maps.

(1) Submission of a tentative map shall not constitute filing with the city until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees are deposited with the City Planner and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board pursuant to Cal. Gov’t Code §§ 65962.5(d) and (f).

(2) For tentative maps proposing the subdivision of real property for the purposes of residential development for five or more dwelling units, the applicant shall also provide architectural renderings of the units, as specified on applicable application forms.

(3) The subdivider shall file with the City Planner the number of tentative maps the City Planner shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.

(4) Failure to submit all materials and statements required by this chapter shall constitute grounds for rejection of the application.

(5) Upon accepting a complete tentative map application, the City Planner immediately shall forward copies of the application to all affected agencies and city divisions for review and comment.

(D) Environmental review. The City Planner, upon receipt of each tentative map application, shall conduct an environmental analysis pursuant to the requirements of the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq. ). If a draft environmental impact report is required, the application for tentative map approval shall not be considered completed until an environmental impact report is ready for presentation to the advisory agency.

(E) Planning Commission action specific to tentative maps and parcel maps.

(1) The Planning Commission shall approve, conditionally approve or deny a parcel map or tentative map application within 60 days from the date of adoption by the lead agency of a negative declaration or determination that the project is exempt from the California Environmental Quality Act, or if an environmental impact report is required, within 180 days after certification of the final environmental impact report, as defined by the California Environmental Quality Act.

(2) The Planning Commission shall hold a noticed public hearing on a parcel map and a tentative map; notice of such public hearings shall be given in the manner required by the Subdivision Map Act. In the absence of a timely filed written appeal, the decision of the Planning Commission shall be final and conclusive.

• (F) Appeals.

(1) Any person dissatisfied with an interpretation or action of the Planning Commission may appeal such action to the designated City Council. Appeals shall be filed within ten days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City Council. All appeals shall be in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal.

(2) Prior to an action of the Planning Commission becoming final, the City Council may elect to review, de novo, the decision. The determination by the City Council shall be deemed an appeal from such decision.

(3) Upon the filing of an appeal or City Council action to review the decision, a noticed public hearing shall be held expeditiously. Notices of the public hearing shall be given as required by the Subdivision Map Act. Following the conclusion of the hearing, the City Council shall expeditiously render its decision affirming, modifying or disapproving the determination of the Planning Commission.

(G) Extension of processing time limits. The time limits for acting on maps and associated appeals, as specified in this chapter and by the Subdivision Map Act, may be extended by mutual consent of the applicant and the city. A waiver of time limits may be required as a condition of accepting an application for, or processing of, maps for the purpose of permitting concurrent processing of related approvals and/or an environmental analysis.

(H) Time extensions for approved tentative maps.

(1) Requests for time extensions for the filing of final maps relating to approved tentative maps, as permitted by the Subdivision Map Act, shall be submitted to the City Engineer not less than 30 days before the map is due to expire. The City Engineer shall review the request and act to either approve or deny the extension. The aggregate period of time for all extensions shall not exceed the limits established by the Subdivision Map Act. If the City Engineer denies an application for a time extension, the subdivider may appeal to the Planning Commission within ten days after the effective date of the denial of the extension.

The City Engineer shall review the request and act to either approve or deny the extension. The aggregate period of time for all extensions shall not exceed the limits established by the Subdivision Map Act. If the City Engineer denies an application for a time extension, the subdivider may appeal to the Planning Commission within ten days after the effective date of the denial of the extension.

(2) If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative map, the subdivider may apply to the city within ten days of the service

of the initial petition or complaint upon the city for a stay of the time in which a map will expire. Within 40 days after receiving the request, the City Engineer shall stay the map’s expiration date until final conclusion of the action, if the action affects the validity of the tentative map approval.

• (I) Amendments to approved tentative maps.

• (1) Minor changes to an approved tentative map or to an approved parcel map may be approved by the City Planner upon written application by the subdivider, provided that:

• (a) No lots are added, deleted or substantially altered;

• (b) No proposed building locations are substantially altered;

• (c) Such changes are consistent with the intent and spirit of the original tentative map approval; and

• (d) There are no resulting violations of this chapter, the Subdivision Map Act or other applicable laws.

• (2) Minor changes are defined to be such revisions as adjusting lot line locations or moving planned driveway locations, provided such revisions are consistent with the provisions of subparagraph 1 of this section.

(3) Changes other than minor changes to tentative maps or approved parcel maps shall be processed in the same manner as the application for the original approval. An approved amendment shall not effect the expiration date of the tentative map approval, nor extend any right pursuant to a vesting tentative map.

• (4) All amendments shall be indicated on the approved map and certified by the City Planner and City Engineer.

• (J) Waiver of parcel: when permitted and requirements.

(1) Pursuant to § 66428(b) of the Subdivision Map Act, the City Planner may waive the requirement for a parcel map if the City Planner finds that the proposed division of land complies with the requirements of this chapter and the Subdivision Map Act and in particular, that the proposed division of land meets the minimum requirements imposed on land divisions with regard to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements imposed by this chapter and the Subdivision Map Act. The City Planner shall prepare written findings to document the parcel map waiver.

he minimum requirements imposed on land divisions with regard to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements imposed by this chapter and the Subdivision Map Act. The City Planner shall prepare written findings to document the parcel map waiver.

(2) Such waiver may in particular apply to the construction of a commercial or industrial condominium project on a single parcel, provided that such division of land and meets the minimum requirements of this chapter (specifically § 152.18 of this chapter) and the Subdivision Map Act.

• (3) A parcel map waiver may be conditioned to ensure compliance with the provisions of this chapter.

• (4) In any case where the requirement for a parcel map is waived by the City Planner, a tentative map, at the discretion of the City Planner, may be required.

• (Ord. 1346, passed 5-2-12)

• (A) Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed surveyor.

• (B) The tentative map shall be clearly and legibly drawn on one sheet. Whenever practicable, map sheets should be no less than 18 by 26 inches. In no case shall the scale be less than one inch to 80 feet. All lettering shall be one-

eighth-inch minimum. The map shall contain, at a minimum, all of the following, as well as any additional information that may be specified in required application forms:

• (1) A title, which shall contain the subdivision number, subdivision name and type of subdivision.

• (2) Name and address of the legal owner, the subdivider and person preparing the map, including registration or license number.

• (3) A sufficient legal description to define the boundary of the proposed subdivision.

• (4) Date, north arrow, scale, contour interval and source and date of existing contours.

• (5) Existing and proposed land use.

(6) A vicinity map showing data sufficient to locate the proposed subdivision and show its relation to the community.

• (7) Existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited, to the following.

• (a) Existing contours at one foot intervals.

(b) The approximate location of all trees standing within the boundaries of the division of land and indication as to which trees are to be removed. The location of all trees with a diameter greater than six inches, measured three feet above grade, shall be indicated, and a statement on the existing ground cover shall also be submitted.

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

• (d) The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each water course.

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

• (f) The widths, location and identity of all existing easements.

• (g) The location and size of existing sanitary sewers, water mains and storm drains, and the approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead and underground utility lines on peripheral streets shall be indicated.

• (C) Proposed improvements required to be shown shall include, but not be limited to, the following:

• (1) The location, grade, centerline and curb return radii and arc length of curves, pavement, right-of-way width and name of all proposed and existing adjacent streets.

• (2) Typical sections of all existing and proposed streets.

• (3) The location, width and nature of all easements.

• (4) The approximate lot layout and the approximate dimensions of each lot and of each building. The data shall show the approximate finished grade of each lot.

• (5) Location and nature of all proposed recreation facilities.

• (6) Location and nature of all proposed common areas and areas to be dedicated for public open space or reserved for common private open space.

• (7) The location, elevation and size of existing and proposed sanitary sewers, water mains and storm drains.

• (8) Location and nature of all proposed slopes.

• (9) Dimensions of setbacks for proposed structures.

• (10) Phasing lines for proposed developments.

• (D) The name or names of any geologist or soils engineer whose services were utilized in the preparation of the design of the tentative map.

(E) The tentative map shall be accompanied, at a minimum, by the following data or reports, as well as any additional data and reports that may be required by the City Planner to facilitate review of the tentative map:

(1) Title report. A preliminary title report dated no older than within four months of the filing date of the tentative map.

(2) Owner’s affidavit. The subdivider shall submit written verification that the fee owner or owners of the realty have consented to the filing of the tentative map.

(Ord. 1346, passed 5-2-12)

(A) Form and content. The form and content of final tract maps and parcel maps shall be as required by the Subdivision Map Act and this chapter.

(B) Authorized preparers. A final tract map or parcel map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor. Such maps shall be based upon a field survey made in conformity with the Professional Land Surveyors Act and as required by this chapter.

(C) Certificates and acknowledgments. Prior to filing, the certificates and acknowledgments required by the Subdivision Map Act and this chapter shall appear on the final map and may be combined where appropriate. Such certificates and acknowledgments shall appear on the face of the map unless the City Engineer advises the subdivider that the certificates and acknowledgments are to be made by separate instrument. If a certificate or acknowledgment is made by separate instrument, the final map shall include a reference to the separately recorded documents.

(D) Monuments. The number, type and location of monuments shall be as set forth in the Subdivision Map Act and this chapter, and shall conform to standards prescribed in the Cal. Bus. & Prof. Code § 8771.

(E) Documentation required for city review and approval. The subdivider shall submit prints of the final map to the City Planner for checking, who shall distribute the final map to other city departments and agencies for review. The preliminary prints shall be accompanied by plans, reports and documents in a form as approved by the city Planner, including, but not limited, to the following:

(1) Improvement plans. Improvement construction plans as required by the City Engineer.

• (2) Soils report.

(a) A preliminary soils report, based upon test borings and prepared in conformance with the requirements of California Building Code, as it may be amended and as referenced in § 150.001 of the Municipal Code, shall be required for all tract maps and for those parcel maps which involve commercial or industrial development. The soils report shall be prepared by a civil engineer registered in the State of California. The requirement of a preliminary soils report may be waived or reduced in scope by the City Engineer if, in his/her opinion, the soil characteristics in the vicinity of the proposed subdivision have been established by previous analyses.

(b) Parcel maps which propose the construction of single-family dwellings shall require the preparation of a report which includes the subsurface soil classification, as well as the results of an expansive index test.

(3) Title report. A title report prepared by a title insurer, with the title report required to be dated no older than within four months of the final map.

(4) Improvement cost estimate. An improvement cost estimate, which shall include all improvements within public rights-of-way, easements, common areas, on-site and off-site drainage improvements and utility trench backfill as provided by the developer, except for those utility facilities to be installed by a utility company under the jurisdiction of the California Public Utilities Commission.

(5) Deeds for easements and rights-of-way. Deeds for easements or rights-of-way required which are not proposed to be dedicated on the final map. The subdivider shall provide written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of facilities, if required.

(6) Traverse closures. Traverse closure calculations for the boundary blocks, lots, easements, street centerlines and monument lines.

(7) Hydrology and hydraulic calculations. Complete hydrology and hydraulic calculations.

(8) Organization documents. Any proposed declaration of covenants, conditions and restrictions and all other organization documents for the subdivision in a form as prescribed by the Cal. Civ. Code § 1355. All such documents shall be subject to review and approval by the Director of Community Development and the City Attorney.

(9) Letter of certification from water agencies. The subdivider shall submit written certification from the affected water provider that adequate domestic water facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to ensure construction of such facilities. Where a water supply assessment is required pursuant to the California Water Code, such shall be provided.

(10) Other reports. Any additional data, calculations reports, or information as required by the City Planner.

(F) Approval of final map required by City Council.

(1) Each final map filed for approval, together with any improvement agreements, shall be subject to approval by the City Council. Action by the City Council shall only occur after all required certificates on such map have been signed and, where necessary, acknowledged. The planned action by the City Council shall appear on a City Council agenda as a consent calendar item.

(2) The City Council shall, at the meeting at which the final map is scheduled for consideration, shall act to approve the final map if it conforms to all the applicable requirements of the Subdivision Map Act and this chapter. Such action shall include a statement regarding the acceptance, acceptance subject to improvement or rejection, on behalf of the public, of any real property offered for dedication to the public in conformity with the terms of the offer of dedication. If the final map does not so conform, the City Council shall not approve such map.

icable requirements of the Subdivision Map Act and this chapter. Such action shall include a statement regarding the acceptance, acceptance subject to improvement or rejection, on behalf of the public, of any real property offered for dedication to the public in conformity with the terms of the offer of dedication. If the final map does not so conform, the City Council shall not approve such map.

(3) In the circumstance whereby a final map does not include any offers for dedication or improvement, the City Engineer shall review final maps and shall approve each such map if the map conforms to the applicable requirements of this chapter and the Subdivision Map Act. If the final map does not so conform, the city council shall not approve such map.

(G) Findings required for action not to approve a final map or parcel map. If a final tract map or parcel map is not approved due to its failure to meet any of the requirements imposed by the Subdivision Map Act or this chapter, such disapproval shall be accompanied by findings identifying the requirements which have not been met or performed. Approval of a final tract or parcel map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the City Council or, in the case of a parcel map not involving any offers of dedication or improvement, in the determination of the City Engineer, does not materially affect the validity of the map.

(H) Recording of final maps and parcel maps. After a final tract map or parcel map has been approved as provided in this chapter, the map shall be transmitted to the County Recorder for recordation. (Ord. 1346, passed 5-2-12)

Subdivided real property may revert to acreage by the filing of a parcel map in accordance with the provisions of this chapter and the Subdivision Map Act, specifically, Cal. Gov’t Code §§ 66499 to 66499.20 ¾ as they relate to reversion to acreage, as they may be amended. Notwithstanding any other provisions of this chapter, a public hearing before the City Council shall be required for any proposed reversion to acreage application. (Ord. 1346, passed 5-2-12)

(A) Authority to require dedications. The city shall have the authority to impose conditions of approval on a final tract map or parcel map requiring the subdivider to dedicate or make an irrevocable offer of dedication of real property for streets and alleys, including, but not limited, access rights and abutters’ rights, drainage, public utility easements and other public easements.

(B) Acceptance or rejection of offer of dedication. At the time the City Council approves a final tract map or a parcel map involving offers of dedication, it may accept, accept subject to conditions or reject dedications or offers of dedication. The City Clerk shall certify on the map the action of the City Council. (Ord. 1346, passed 5-2-12)

(A) Conditions for permitting lot line adjustments. Lot line adjustments shall be permitted, provided that the following provisions are complied with:

(1) Application requirements. Any person desiring to obtain approval of a lot line adjustment shall file a plat map with the City Planner, together with a filing and processing fee in an amount as may be required by resolution of the City Council. The map shall contain at a minimum the following information:

• (a) Name and address of owner(s) whose properties are shown on the map;

• (b) North arrow;

• (c) Scale of map;

• (d) Date of preparation;

• (e) The name, location, and width of all streets and alleys abutting the property;

• (f) Tract and lot identification, lot lines, bearings and dimensions of each of the two lots;

• (g) Approximate location of existing improvements, buildings and permanent structures;

• (h) Location and width of all easements upon or abutting the properties;

• (i) The location of the proposed lot boundary line adjustment, together with all applicable dimensions and bearings;

(j) The signatures of all owners of lots involved in such boundary line adjustment, with a owner affidavit provided for each affected property; and

• (k) Any other information required by the City Engineer.

(2) Survey may be required . The City Engineer may, at his or her discretion, require a survey of the properties involved, if he/she finds the same necessary in order to provide an adequate description of the subject properties.

• (B) Processing of lot line adjustment application; findings required for approval.

(1) The City Planner, based on recommendations from the City Engineer, shall approve a lot line adjustment map if the following findings can be made:

(a) No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed boundary adjustment.

(b) The lots, as proposed by the boundary line adjustment, will conform, in all respects, to the provisions of this chapter and the Zoning Code.

(c) The new lot line is located in such a manner so as not to substantially alter the size and shape of the existing lots, with substantially alter defined to be not reducing the lot size by more than 10 percent.

(d) That all record owners, trust deed holders and lien holders consent in writing to the lot line adjustment.

(e) A title report prepared by a title insurer, with the title report required to be dated no older than within four months of the filing date of the lot line adjustment application, is submitted.

(2) Where the City Planner finds all of the above facts to be present, the City Planner shall approve the lot line adjustment. Thereafter, the owner or owners of the lots involved shall record a map, in a form approved by the City Engineer.

(3) If the City Planner finds any of the foregoing facts not present, the lot line adjustment shall be denied and the applicant shall be advised thereof. In case of denial, the applicant shall have the option of appealing the decision to the Planning Commission or filing a parcel or tract map.

(Ord. 1346, passed 5-2-12)

(A) Purpose. The purpose of this section is to establish procedures necessary for the implementation of the provisions of the Subdivision Map Act relating to vesting tentative maps.

(B) Application filing.

• (1) Whenever a provision of the Subdivision Map Act or this chapter requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed.

(2) A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as is required of tentative maps pursuant to this chapter, except as hereinafter expressly otherwise provided.

(3) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

• (4) At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

• (a) Height, size and location of buildings;

• (b) Sewer, water, storm drain and road details;

• (c) Information on the uses for the proposed buildings;

• (d) Detailed grading plans;

• (e) Soils report;

• (f) Flood control information; and

• (g) Any other studies or data required by the City Engineer.

(C) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Map Act and/or this chapter for the expiration of the approval or conditional approval of a tentative map.

(D) Vesting on approval of vesting tentative map. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with Cal. Gov’t Code § 66474.2 of the Subdivision Map Act. However, if Cal. Gov’t Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(E) Expiration of vested rights. The vested rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map, as provided in the Subdivision Map Act. If the final map is approved, the vested rights shall last for the following periods of time:

• (1) An initial time period of one year.

• (2) A subdivider may apply for a one-year extension within 30 days prior to expiration as set forth in division (E)

(1) of this section. The City Planner shall have the authority to approve or deny the extension pursuant to the provisions of the Subdivision Map Act. If the extension is denied, the subdivider may appeal that denial to the Planning Commission within 15 days after the denial.

• (Ord. 1346, passed 5-2-12)

(A) Purpose. This section is provided pursuant to Article 1.5 - Merger of Parcels of the Subdivision Map Act (commencing with §§ 66451.10 et seq. ) for the purpose of establishing the authority of the city to require the merger of two or more parcels or units of land held by the same owner.

(B) Where these provision do not apply. This section shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act, applicable at the time of their creation, or to parcels which

were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner. However, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development pursuant to the Zoning Code and the standards established by paragraph C of this section, then those parcels or units shall be merged.

(C) Unmerged parcels prior to January 1, 1984. Any parcels or units which were deemed unmerged, prior to January 1, 1984, under the Subdivision Map Act and which have not been merged subsequently shall be considered separate parcels for purposes of this section.

(D) Merger of nonconforming contiguous parcels under single ownership. Contiguous parcels or units of land held by the same owner on the date that notice of intention to determine status is filed shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development set forth in the Zoning Code and if all of the following requirements are satisfied:

(1) At least one of the affected parcels has 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 or unit.

• (2) With respect to any affected parcel, one or more of the following conditions exists:

• (a) Comprises less than 5,000 square feet in area at the time of the determination of merger.

• (b) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

• (c) Does not meet current standards for sewage disposal and domestic water supply.

• (d) Does not meet slope stability standards.

• (e) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

• (f) Its development would create health or safety hazards.

• (g) Is consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

(3) Division (D)(2) of this section shall not apply if any of the conditions stated in Cal. Gov’t Code § 66451.11(A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

• (E) Proceedings for notice of intention to determine status.

(1) Whenever the City Engineer has knowledge that real property has merged pursuant to this section, the City Engineer shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intention shall state that the affected parcels may be merged pursuant to this section; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the Planning Commission to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date not less than 30 days but not more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing, the city shall determine whether the affected property has merged pursuant to this section. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in division (D) (1) of this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing.

(2) If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days from the date of the hearing, unless the decision has been appealed as provided in division (E)(3) of this section. The notice of merger shall specify the name or names of the record owner or owners, and shall particularly describe the real property. If the parcels have not merged, the City Engineer shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is

requested, the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing.

(3) If the owner requested a hearing, the decision of the Planning Commission may be appealed to the City Council within 10 calendar days of the date of mailing the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council agenda not less than 30 but not more than 60 days from the date of the appeal. If after a hearing the Council grants the appeal, the City Clerk shall record within 30 days with the County Recorder a release of the notice of intention. If the appeal is denied, the City Clerk shall within 30 days record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owners.

(Ord. 1346, passed 5-2-12)

Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984, but for which a notice of merger was not recorded on or before that date are deemed unmerged if on January 1, 1984, all of the criteria established by Cal. Gov’t Code § 66451.30(a) of the Subdivision Map Act are met and if none of the conditions of Cal. Gov’t Code § 66451.30(b) of the Subdivision Map Act exist. Upon request of an owner, the City Engineer shall file a certificate of compliance whenever the City Engineer determines that a parcel is unmerged pursuant to this section.

(Ord. 1346, passed 5-2-12)

(A) A property owner may request that the City Engineer determine whether property has merged under § 152.15, or is deemed unmerged under § 152.16 of this chapter. A request for determination shall be made in writing and shall be accompanied by a fee established by City Council resolution.

(B) Upon determination that property has merged, the City Engineer shall issue to the owner and record with the County Recorder a notice of merger.

(C) Upon determination that property is deemed unmerged, the City Engineer shall issue to the owner and record with the County Recorder a certificate of compliance showing each parcel as a separate parcel. (Ord. 1346, passed 5-2-12)

(A) Purpose. This section sets forth requirements for commercial condominium subdivisions, including the establishment of development standards for commercial condominium subdivisions intended to safeguard the health and safety of the community and the purchaser.

(B) Application. In addition to the materials and fees required for a tentative map by this chapter, the subdivider shall provide:

(1) A development plan of the project, including location, orientation and sizes of structures; exterior architectural elevations; parking layout and access to buildings; loading areas; and driveway locations and other access improvements;

(2) A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities, prepared by a person licensed to prepare such plans by the State of California;

(3) A preliminary exterior lighting plan of the project indicating location and nature of lighting and lighting fixtures in common exterior areas;

(4) The proposed condominium documents, including those portions of the covenants, conditions and restrictions that apply to the conveyance of units; the prohibition of the assignment of parking and a proposed mechanism for resolving parking issues; and the management and maintenance of common areas and improvements; and

(5) Such other information which the City Planner determines is necessary to evaluate the proposed project.

(C) Standards. The following criteria shall be evaluated when approving or denying a commercial condominium:

(1) Architectural and site design. Architectural evaluation shall include, but not be limited, to the following: an air space plan; the general appearance of the proposed development; the design of all exterior surfaces of the

buildings; and general architectural and site considerations; including site layout, topography, open space, location of buildings, access, circulation, colors, building materials, screening, lighting, signing and similar elements, that have been designed to provide an attractive and internally cohesive environment, and to avoid impact on surrounding uses and properties.

(2) Landscaping. All setback areas fronting on or visible from an adjacent public street and all open space areas shall be landscaped in an attractive manner consistent with the zoning requirements for the zoning district in which the project is located. The Advisory Agency may require additional landscaping improvements as may be appropriate to achieve high-quality design.

(3) Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways subject to the approval of the Advisory Agency.

(4) Lot coverage. Lot coverage shall conform to requirements of the zoning district in which the commercial condominium is proposed.

(5) Open space - common. Functional common open space areas shall be designed and located within the project to afford use by all owners of the project.

(6) Trash and recycling collection area. Trash and recycling collection areas shall be provided as required by Zoning Code, and sized appropriately to accommodate trash and recycling. Screening walls or other structures shall be provided as required by the Zoning Code.

(7) Signage. The property owner(s) shall comply with all applicable sign provisions contained in the Zoning Code.

(8) Streets. The width of public rights-of-way and streets abutting the property shall conform to the minimum standard of the circulation element of the General Plan.

(9) Structural and electrical. A commercial condominium project is to be subject to the structural requirements contained in the Municipal Code. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. The panel shall be accessible to the tenant without leaving the unit.

(10) Covenant, condition, and restrictions (CC&Rs). CC&Rs must be prepared in a form and with content acceptable to the City Attorney, and at a minimum shall include provisions for the formation of a condominium association, common area maintenance, clear designation of parking and signage rights and a method for resolving differences.

(Ord. 1346, passed 5-2-12)

(A) Purpose. This section establishes regulations for the conversion of residential apartments into condominiums. These regulations work to provide for the housing needs for all economic segments of the community while also protecting the rights of tenant; protecting the health, safety and welfare of the public and potential purchasers;

promoting home ownership; and increasing owner-occupied units that are affordable to all economic segments of the community.

(B) Application, fees and deposits required. In conjunction with the application required for tentative maps, the following additional items shall be submitted:

(1) A condominium conversion application;

(2) Tenant and rental information which shall consist of the name and address of each present tenant of the project and the identification of the vacant units;

(3) Schedule of proposed improvements which shall be made to the project prior to sale of individual units; such list shall not prohibit the applicant from making additional improvements; and

(4) A site plan of the project, including the location and sizes of structures, parking layout, a plan for open space areas and configurations and vehicular and pedestrian access areas.

(C) Building conditions/inspections.

(1) As part of the application review process, the premises shall be inspected by the Building Official, as defined in § 150.007, to evaluate the condition of the structure(s). All inspection costs shall be incurred by the subdivider.

(2) The Building Official shall inspect all structures and premises for needed repairs to bring the project into compliance with city building code requirements, housing code requirements and State requirements for residential condominiums applicable at the time of building permit and/or other permit issuance.

(3) The responsible fire agency shall inspect all structures and premises to determine the sufficiency of fire protection systems serving such structures and premises, report on any deficiencies and indicate which deficiencies are required to be corrected by law.

(4) The City Planner shall inspect all structures, improvements, and premises for compliance with the Zoning Code requirements applicable to the project.

(D) Noticing and tenants rights. Noticing shall be required as provided in the Subdivision Map Act and shall include, but is not limited to, the following:

(1) At least 60 days prior to submittal of the tentative tract map and application to the city for processing, the owner or subdivider shall send a notice to each and every tenant in the building(s) to be converted. Such notice shall contain information as specified by the city and shall be delivered in a manner that provides for proof of delivery;

(2) A least 60 days prior to submittal of the tentative tract map, the owner or subdivider shall give written notice of the intent to convert to each person applying for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant;

(3) The city shall provide each tenant with written notification of planned public hearings for the application for conversion;

(4) Within ten days of submittal of an application for a subdivision public report to the California Department of Real Estate, the owner or subdivider shall give written notice of such to each tenant, and each tenant shall be advised that upon issuance of such report, it will be made available to any tenant upon request, free of charge;

(5) At least 180 days prior to termination of tenancy due to the conversion or proposed conversion, the owner or subdivider shall provide each tenant with 180 days written notice of the intention to convert;

(6) Each tenant shall be given an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant, and such exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the California Department of Real Estate; and

(7) No units may be sold in the building proposed for conversion unless the conversion is approved by the city and until after the final tract map is recorded and a subdivision public report has been issued by the California Department of Real Estate. Unless tenants of the building proposed to be converted were given written notice of the

intention to convert by the owner or owner’s agent at the time the tenants signed rental or lease agreements, the subdivider shall compensate the tenants for their reasonable relocation expenses.

(E) Development regulations and required upgrades. Deficiencies found during the building inspection and further, identified by the City Planner, must be corrected at the subdivider’s expense to the satisfaction of the Building Official. Deficiencies found during the fire protection system inspection and deficiencies found by the City Planner during the zoning compliance inspection must be corrected as required. In addition, the subdivider shall be required to upgrade the following:

(1) Electrical. Electrical system and equipment grounding must be provided.

(2) Windows and doors. All windows and doors must meet applicable window and door emergency escape/rescue requirements.

(3) Building components and systems. Components and system with a remaining life of five years or less shall be replaced.

(4) Parking. All parking must be provided in accordance with chapter the Zoning Code, including any requirement for covered and guest parking.

(5) Landscaping and irrigation systems. Street trees, all yard landscaping, and all irrigation systems required by the Zoning Code shall be provided.

(6) Pest control. The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement, as shown in the structural pest control report, which shall be prepared by a licensed structural pest control operator, and shall be dated and filed at least 30 days prior to the submittal of the final map.

(7) Street improvements. The subdivider shall improve or post a cash bond with the city guaranteeing the installation of required public right-of-way improvements to city standards. These improvements may include, but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells and streetlights.

(8) Sewer. If the apartment proposed for condominium conversion has not been levied a sanitary sewer line charge or other charges or fees required for ownership units, the subdivider shall pay any charges required by the responsible sewering authority and shall provide to the city proof of such payment.

(9) Sound attenuation. All floor-to-ceiling assemblies between separate units shall meet the standards for the sound transmission class specified in applicable building and/or health and safety codes for residential condominium units. Such compliance shall be certified in the inspection report. No occupancy permit shall be issued absent such sound-proofing compliance.

(10) Fire detection systems. Early-warning smoke detection systems in the living quarters and fire protection appurtenances, as required by current state and local law, shall be required for all condominium conversion subdivisions.

(11) Fire protection systems. Fire protections systems for individual units and for the project as a whole shall be provided as required by the Fire Department and applicable city codes. (Ord. 1346, passed 5-2-12)

(A) Purpose and applicability. The purpose of this section is to establish minimum design standards for subdivisions so that all newly created subdivisions are consistent with the objectives for high design quality set forth in the General Plan, to provide for residential neighborhoods and developments that promote healthy living environments and to protect the health, safety, and welfare of the community. Unless approved by the City Council via a variance or other mechanism identified in this chapter or the Zoning Code, all subdivisions shall be subject to the following minimum subdivision design standards.

(B) Access to parcels. Each parcel created by any land division pursuant to this chapter shall be provided with a means of vehicle access in any of the following manners:

• (1) The parcel has approved access which connects with a public right-of-way.

• (2) The parcel has approved access which connects to a private street that is approved by the City Council.

• (3) For parcels zoned for and planned to support any multifamily residential use, the parcel has approved access in the form of an easement/common driveway that is recorded in the office of the County Recorder.

• (C) Alleys. The following standards apply to the establishment of an alley:

• (1) The minimum width for an alley serving any parcel zoned strictly for residential use shall be 20 feet;

• (2) The minimum width for an alley serving both residential and commercial or industrial uses shall be 25 feet;

• (3) The minimum width for an alley serving either or both commercial and industrial uses shall be 30 feet;

• (4) All alleys shall be provided with exterior lighting for public safety purposes, and such lighting shall be oriented in a manner that light and glare does not impact any residential use. Such lighting shall be consistent with the city lighting master plan and subject to the approval of the City Planner;

• (5) Residential subdivisions that provide alley access to an approved parking facility shall have the alley access designed in a manner that serves all approved parking facilities for all of the newly created parcels; and

(6) Any residential subdivision that includes alley access shall include provisions for an assessment district wherein the city shall be responsible for improvements and street sweeping, unless otherwise provided by a development agreement or conditions of approval.

• (D) Parcels adjacent to city boundaries. No city corporate boundary line shall divide any newly created parcel or parcels.

(E) Cul-de-sac, turnaround and dead end streets.

(1) The design of any cul-de-sac, turnaround or dead end street, whether public or private, shall include adequate provisions for drainage pursuant to the requirements of the Public Works Director and City Engineer.

(2) The design of any cul-de-sac, turnaround or dead end street, whether public or private, shall meet the minimum requirements established by the Los Angeles County Fire Department.

(3) No cul-de-sac, turnaround or dead end street, whether public or private, shall have a length in excess of 500 feet, as measured from the centerpoint of one intersection to the centerpoint of the next nearest intersection, as shown in Figure 152.40.E.

(4) The subdivider shall refer to the City Engineer’s Standards Manual for the design of cul-de-sac, turnaround and dead end streets.

Figure 152.40.E: Measurement of Distance: Cul-de-Sac, Turnaround, and Dead End Streets

(F) Curbs, sidewalks and parkways.

(1) All divisions of land shall be designed to include public rights-of-way that provide pedestrian and bicycle connections between neighborhoods and districts, consistent with the General Plan.

(2) Parkways of a minimum width of ten feet shall be provided for all public streets. Sidewalks shall be provided and have a minimum width of five feet. A minimum width of five feet shall be provided for landscaping.

(3) The corners of all new streets shall include ramps that meet accessibility requirements consistent with the Americans with Disabilities Act (ADA).

• (4) All rights-of-ways shall be designed to meet ADA requirements.

(5) The subdivider shall refer to the City Engineer’s Standards Manual for the design of all street improvements, including curbs, sidewalks and parkways.

• (G) Drainage.

(1) Provision shall be made to convey all runoff to underground drainage facilities or other facilities approved through the discretionary permit review process.

(2) As may be required by law, provision shall be made for underground retention basins or other features designed to provide for the filtration, infiltration and/or other remediation of surface runoff prior to its release into underground conveyance systems.

(H) Easements. Public utility, sanitary sewer and drainage easements shall be provided in such locations and to such widths as required by the Public Works Director and City Engineer.

(I) Flag lots and through lots.

(1) As set forth in § 153.040.050 of the Zoning Code, the creation of flag lots is prohibited.

(2) The creation of new through lots shall not be permitted unless provision is made to limit street access to one lot frontage, with such frontage to be established consistent with the frontage of the adjoining lots.

• (J) Parcel dimensions.

(1) Except for parcels created with a frontage on a cul-de-sac, no portion of a newly created parcel shall have a width that is less than the minimum required lot width specified in the Zoning Code for the zoning district in which parcel is located.

(2) The minimum parcel street frontage width for parcels on a cul-de-sac shall be at least three times as wide as the minimum required driveway width.

(3) The side lines of all parcels, as far as practicable, shall be at right angles to straight streets or radial to curved streets.

(K) Street or alley half-width dedications prohibited. The dedication and/or construction of half-width streets or alleys shall be prohibited. The full-width of any required street or alley shall be dedicated at the time of subdivision.

(L) Street names. Street names shall be assigned in accordance with adopted City Council policy.

(M) Streets relation to existing system. Streets within a division of land shall be designed to relate in the following ways to adjacent existing street systems:

(1) Alignment. Alignment of streets in new divisions of land shall conform to and provide for the continuation of the principal adjacent pre-existing streets or their proper projection, where adjoining property has not been developed.

(2) Centerline to centerline. As far as practicable, the streets shall be in alignment with existing adjacent streets by continuation of the centerlines thereof and by adjustments by curves.

(3) Width. The streets shall be at least as wide as the pre-existing streets to which they relate and shall be situated in such a way as to accommodate rational future access and street patterns.

(4) Offset. If centerlines are not aligned within five feet of each other, streets shall be offset at least 200 feet, unless otherwise approved by the Public Works Director for reasons of severe topography, one-way streets or other unusual circumstances.

(N) Natural heating and cooling. The design of a subdivision shall provide, to the extent feasible, for passive or natural heating or cooling opportunities to be incorporated into the design and construction of any structures to be built within the subdivision. Consideration shall be given to configuration of the property to be divided, to design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to take advantage of shade or prevailing breezes.

(Ord. 1346, passed 5-2-12) Penalty, see § 10.99

(A) Relationship to other standards and requirements. The provisions of this section apply to the processing of parcel maps for urban lot splits pursuant to Cal. Gov’t Code § 66411.7 and Part 5 of § 153.040.

(B) Parcel map approval. Notwithstanding the Subdivision Map Act or any other provision of this chapter, an application for a tentative parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development or designee, without discretionary review or action. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of Part 5 of § 153.040, applicable objective requirements of this chapter, and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially, but not until the owner demonstrates that the required documents have been recorded, including but not limited to, deed restriction and easements. The tentative parcel map for an urban lot split expires 24 months after approval.

(C) Technical guidance and procedures. The City Engineer, in consultation with the Director of Community Development, has the authority to establish technical guidance and procedures for the processing, approving, and finalizing of parcel maps for urban lot splits that are consistent with state law and the city’s requirements.

• (D) Access. Each newly created lot shall have direct access to a public street.

• (E) Minimum lot width. Each newly created lot within a parcel map for an urban lot split shall have a minimum frontage to the adjacent public street as follows:

• (1) Lot that is 50 feet or less in width: nine feet.

• (2) Lot that is more than 50 feet in width: 12 feet.

• (F) No prior urban lot split. The following shall apply to an urban lot split.

• (1) The lot to be split shall not have been established through a prior urban lot split.

• (2) The lot to be split shall not be 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.

• (Ord. 1503, passed 7-5-23)