Chapter 16.04 — GENERAL PROVISIONS

This title is adopted pursuant to the provisions of the Subdivision Map Act set forth in Government Code Sections 66410, et seq., for the purpose of regulating and controlling the design and improvement of subdivisions within the City of Bellflower. Such regulation is required to promote the public health, safety, and welfare; to ensure orderly growth and development; encourage appropriate land use; and assist with preserving property value. The regulations set forth in this title are intended to supplement the Act and must be used in conjunction with the regulations set forth in the Act for all activities associated with subdividing land within the City's jurisdiction. Nothing in this title is intended to supersede the Act and the Act prevails over any conflicting part of this title. (Ord. 1317 § 1, 9/26/16)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this title. Words and phrases not given a meaning by this title have the meaning set forth in this title and the Act.

"Act" means the Subdivision Map Act as set forth in Government Code Sections 66510, et seq., and any subsequently adopted amendments or successor statutes. Unless specified otherwise, all citations in this title to an unspecified code are to the Government Code.

"Airspace subdivision" means the three-dimensional subdivision of space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied by a building or portion thereof. An airspace subdivision differs from a common interest development in that owners of the airspace lots are not required to share interest in a common area within the map boundaries.

"Building Official" means the Building Official, or designee.

"CEQA" means, collectively, the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.) and the regulations promulgated thereunder (14 California Code of Regulations Sections15000, et seq., the "CEQA Guidelines").

"Code" means the Bellflower Municipal Code.

"Condominium conversion project" means the division of real property into common interest, the establishment of a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative as set forth in Civil Code Section 1351.

"Construction" means the building of any facility or structure or any portion thereof and includes, without limitation, design, acquisition of right-of-way, and the administration of construction contracts.

"Director" means the Planning Director, or designee.

"Engineer" means the City Engineer, or designee.

"Lot line adjustment" means an adjustment of an existing lot line between four or fewer adjoining parcels where the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not created.

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City of Bellflower, CA § 16.04.020

SUBDIVISIONS

• A. Unless exempt, land subdivisions require one of the following:

  1. A tentative map or vesting tentative map;

  2. A final map; or

  3. A parcel map.

• B. In accordance with Section 66412, this title does not apply to the following:

  1. Leases of agricultural land for agricultural purposes.

  2. Leases of land exclusively for the placement and operation of cellular radio transmission facilities. Establishing such facilities is subject to the City's discretionary approval.

  3. Leases of land or granting of easements in conjunction with financing; erecting; and sale or lease of wind-powered electrical generation devices. Establishing such facilities is subject to the City's discretionary approval.

  4. Financing or leasing of apartments, offices, stores, or similar spaces within apartment buildings, industrial buildings, commercial buildings, or mobilehome parks.

  5. Financing or leasing any parcel of land, or portion thereof, in conjunction with construction of commercial or industrial buildings on a single parcel, or the financing or leasing of existing separate commercial or industrial buildings on a single parcel.

  6. Mineral, oil, or gas leases.

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

  8. Any separate assessment under Revenue and Taxation Code Section 2188.7.

  9. Conversion of a community apartment project or stock cooperative, as defined, respectively, in Civil Code Sections 4105, 4190 and 6566, to a condominium, as defined in Civil Code Section 783, unless a parcel map or final map was approved by the City Council, and only if the requirements specified in Sections 66412(g) and (h) are met.

  10. Subdivisions of four or fewer parcels for constructing removable commercial buildings having a floor area of less than 100 square feet.

  11. Construction, financing, or leasing of accessory dwelling units as authorized by Sections 65852.1 and 65852.2.

• (Ord. 1317 § 1, 9/26/16; Ord. 1345 § 16, 9/25/17)

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City of Bellflower, CA

BELLFLOWER CODE

§ 16.04.040

§ 16.04.070

• A. The Planning Commission may modify the requirements of this title for a specific application when, in its opinion, the land involved in the subdivision is of such size and shape, or is subject to such title limitations, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impractical for the subdivider to fully conform to the regulations contained in this title.

• B. Such modification may be made only as reasonably necessary or expedient, provided modification ensures conformity with the spirit and purpose of the Act and this title.

• C. Any request for a modification must be made in conjunction with a subdivision application and be reviewed by the Planning Department before a recommendation is made to the Planning Commission.

• (Ord. 1317 § 1, 9/26/16)

• A. A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless otherwise exempt under Section 66426 or other applicable law.

• B. A parcel map is required for subdivisions (to which this title applies) that create four or fewer parcels; and those subdivisions exempt from tentative and final maps as described in Subsection A, except that the parcel map requirement may be waived as provided in this title.

• (Ord. 1317 § 1, 9/26/16)

All persons submitting maps required by this title must pay all fees and deposits as provided by City Council resolutions establishing such fees and deposits. The fees must be fully paid before the maps are processed.

(Ord. 1317 § 1, 9/26/16)

Costs incurred by the City for the checking of plans or calculations or inspection as a result of revisions to the approved plans must be borne by the subdivider at actual cost. The City may require a deposit to be applied toward actual costs.

(Ord. 1317 § 1, 9/26/16)

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City of Bellflower, CA § 16.08.010

SUBDIVISIONS

At a minimum, each tentative map submitted to the City must contain the following information:

• A. The tract number of a subdivision.

• B. The date, north arrow, and scale.

• C. A sufficient legal description of the land to define the boundaries of the proposed division of land.

• D. A key map indicating the location of the proposed division of land in relation to the surrounding area.

• E. The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor and the names and addresses of all operators of the utility systems of the subdivision.

• F. The existing topography of land proposed to be divided using contour intervals as follows:

  1. One foot when the slope of the ground is less than 5%;

  2. Two feet when the slope of the ground ranges from 5% to 10%;

  3. Five feet when the slope of the ground exceeds 10% but is less than 25%; and

  4. Ten feet when the slope of the ground is 25% or greater.

• G. At least every fifth contour of topography described above must be clearly labeled and indicated so as to be distinctive. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map must contain a statement by the person preparing the map stating the source of information used to develop the contours shown on the map.

• H. The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property must also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown must be identified by house number or other identifying feature, including a notation on each building, structure, fence, wall, tree row, and land use to be retained.

• I. The approximate location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of each watercourse and existing flood control district channels within 1/2 mile of the exterior boundaries of the subdivision.

• J. Descriptions of the proposed source of water supply and the proposed method of sewage disposal.

• K. A proposed method and plan for stormwater treatment and conveyance in accordance with the Los Angeles Regional Water Quality Control Board Standard Urban Stormwater Mitigation Plan ("SUSMP") requirements.

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City of Bellflower, CA

BELLFLOWER CODE

§ 16.08.010

§ 16.08.010

• L. The 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.

• M. The location, width, approximate grade, and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision.

• N. The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision, as well as the approximate radius and arc length of each centerline curve.

• O. The approximate lot layout and the approximate dimensions and net area of each lot and building site. Engineering data must show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot.

• P. The proposed areas for public use.

• Q. The angle of intersecting streets or highways if such angle deviates from a right angle by more than 10 degrees.

• R. The location of all cut and fill slopes, or a separate grading plan.

• S. Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined.

• T. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

• U. A geologic soils report prepared by a civil engineer, registered by the State of California, based upon adequate test borings or excavations, unless the Engineer or Building Official determines that, due to information the City has regarding the qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If stormwater infiltration is proposed as part of the project, liquefaction and percolation tests must also be included.

  1. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map must submit a soils investigation of each lot within the subdivision, prepared by a California-registered civil engineer, who must recommend corrective action likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil.

  2. The Building Official, or designee, must approve the soils investigation if determined that the recommended action is likely to prevent structural damage to each dwelling to be constructed and must require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the issuance of a building permit.

• V. A geologic hazards report, if the Engineer finds that a written geological hazards report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard. Such report is prepared by a registered engineering geologist and must state:

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City of Bellflower, CA § 16.08.010

SUBDIVISIONS

2. Proposed solutions for all known hazardous conditions or problems;

   3. The location and lot numbers of any test borings;

   4. The effect of the geology on the proposed development and on adjacent properties; and

   5. A description of specific locations in which development may create hazardous conditions.

• W. Through the application review process, the Engineer or Director may require that additional information be included on the tentative map to provide important or necessary disclosures or other information.

• X. All tentative maps for airspace subdivisions that create airspace lots must provide crosssectional drawings showing how the proposed building or buildings are to be divided into ownership boundaries, and record a deed restriction that ensures the following:

  1. Airspace lots must have access to appropriate public rights-of-way, common spaces, ingress, egress, parking and other areas available for common use by means of CC&Rs, management documents, one or more easements, or other entitlements to use, in a form satisfactory to the City Attorney, Engineer, and Building Official.

  2. Inclusionary housing requirements, Building Code requirements, all other applicable property development standards required by the Municipal Code and any other technical code requirements affecting the development of the property, will be determined for the airspace lots as if all lots in the airspace subdivision were merged into the same lot.

  3. Individual buildings that are subdivided by an airspace map will be reviewed as a single building for purposes of applying the Building Code, Municipal Code, and General Plan policies. Property development standards including, but not limited to, density, lot coverage, floor area ratio, parking, height, and setbacks will be calculated as if the subdivided building were one building within one lot.

• (Ord. 1317 § 1, 9/26/16)

• A. Tentative maps must be filed with the Director on forms provided by the Planning Department and in accordance with procedures established by that Department.

• B. The Director and Engineer will preliminarily review the tentative map application for completeness and required compliance with CEQA. Within 30 calendar days after receiving a tentative map application, the Director must inform the applicant in writing whether the application is deemed complete.

• C. If the application and submitted materials are determined not to be complete, the City's determination must specify those parts of the application which are incomplete and must indicate how they can be made complete. Such decision may be appealed to the Planning Commission in accordance with Title 17. The City must make a final written determination on the appeal within 60 days of receipt of the applicant's written appeal.

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City of Bellflower, CA

BELLFLOWER CODE

§ 16.08.020

§ 16.08.070

• D. Pursuant to Section 65943, the applicant and City may mutually agree to extend any of the time limits provided by this section.

• (Ord. 1317 § 1, 9/26/16)

The Director must send notice of the tentative map application to other City departments, the Fire Department, schools, utility companies, and other agencies that may have an interest in the tentative map application for the purpose of receiving comment from those departments, companies, and agencies.

(Ord. 1317 § 1, 9/26/16)

Within five days after a tentative map is filed, the Director must send notice to the governing board of any school district within the boundaries of which the subdivision is proposed to be located. Such notice must contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Failure of the school district to respond within 15 days after receiving notice is deemed approval of the proposed subdivision by the school district. (Ord. 1317 § 1, 9/26/16)

• A. The Planning Commission must hold a public hearing in accordance with this chapter to consider the tentative map application.

• B. At the conclusion of the public hearing, the Planning Commission must determine the extent to which the tentative map complies with this Code and recommend to the City Council whether to approve, conditionally approve, or deny the tentative map application. The decision of the Planning Commission is final unless appealed in accordance with Title 17.

(Ord. 1317 § 1, 9/26/16)

All actions by the Director and Planning Commission must occur within the time limits specified in Sections 66452.1 and 66452.2 and Public Resources Code Section 21151.5. (Ord. 1317 § 1, 9/26/16)

• A. In acting to approve or conditionally approve a tentative map, together with the provisions for its design and improvement, the City Council must find that the proposed subdivision is:

  1. Consistent with the Bellflower General Plan;

  2. Consistent with any applicable Specific Plan or Planned Development;

  3. Consistent with the provisions of this Code;

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City of Bellflower, CA § 16.08.070

SUBDIVISIONS

5. Is a necessary prerequisite to the orderly development of the surrounding area.

• B. The findings apply to the entire subdivision; to each proposed parcel within the subdivision; and any designated remainder parcel.

• C. For condominium conversions, the City Council must make the additional findings as set forth in Section 66427.1.

• (Ord. 1317 § 1, 9/26/16)

A tentative map application must be denied if the Planning Commission finds any of the following findings consistent with Section 66474:

• A. The proposed map is not consistent with the General Plan or Specific Plans as specified by Section 65451;

• B. The design or improvement of the proposed subdivision is not consistent with an applicable General Plan or Specific Plan;

• C. The site is not physically suitable for the type of development proposed;

• D. The site is not physically suitable for the proposed density of development proposed;

• E. The design of the subdivision or the proposed improvements will likely cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

• F. The design of the subdivision or type of improvements will likely cause serious public health or safety problems; or

• G. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The City Council may approve a tentative map, however, if it finds that alternate easements will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. All easements must be recorded or established by court order.

• (Ord. 1317 § 1, 9/26/16)

The Planning Commission may also deny a proposed tentative map based on any of the following findings:

• A. The proposed subdivision is inconsistent with all applicable provisions of this Code;

• B. The proposed subdivision is not compatible with surrounding development in terms of density, patterns of development, access, or other consideration;

• C. The City's cost of providing infrastructure support or services outweigh any benefits associated with the subdivision.

• (Ord. 1317 § 1, 9/26/16)

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City of Bellflower, CA § 16.08.100

BELLFLOWER CODE

§ 16.08.130

In acting to approve a tentative map, the Planning Commission may impose conditions on map approval in accordance with the Act, this Code to, among other things, achieve the objectives of the General Plan, ensure consistency with the provisions of this Code, and mitigate against adverse environmental impact.

(Ord. 1317 § 1, 9/26/16)

The decision of the Planning Commission to approve, conditionally approve, or deny a tentative map is final unless otherwise appealed pursuant to Title 17. (Ord. 1317 § 1, 9/26/16)

• A. After a tentative map has been approved or conditionally approved pursuant to Section 16.08.110, the subdivider may request the following changes to an approved tentative:

  1. Adjustments to the locations of lot lines and improvements, provided no new lots are created.

  2. Reduction in the number of approved lots.

  3. Any changes to the conditions of approval.

• B. Changes other than as set forth in this section require a new tentative map application.

• C. The subdivider may request changes to an approved tentative map or its conditions of approval before the map is recorded. Such a request must be made on forms provided by the Director and be accompanied with payment of required fees.

• D. The application for a change to an approved tentative map or map conditions is processed in the same manner as the tentative map.

• E. The Planning Commission must make the following findings, as applicable, to make any proposed changes to a previously approved tentative map:

  1. A material mistake of facts was made in the deliberations leading to the original approval; or

  2. A change of circumstances has occurred which affects conditions related to the original approval.

• F. Modification of an approved tentative map or its conditions of approval does not extend the time limits applicable to the filing of a final map.

• (Ord. 1317 § 1, 9/26/16)

• A. Except as otherwise specified by a development agreement or pursuant to Section 66452.6(a)(1), a tentative map expires 24 months after the date the map was approved.

• B. The person filing the tentative map may request an extension, pursuant to Government

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City of Bellflower, CA § 16.08.130

SUBDIVISIONS

§ 16.08.130

Code Section 66452.6(e), or stay, pursuant to Government Code Section 66452.6(c) of an approved tentative map by filing a written application with the Director before the map's expiration date. The application must state the reasons for requesting the extension or stay. Such application must be filed at least 15 days before the tentative map's expiration date.

• C. The Planning Commission will either approve, conditionally approve or deny extension requests. Within 40 days after receiving an application for a stay, the Planning Commission must either approve the requested stay for a period not exceeding five years or deny the application.

• D. Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one year from the anniversary date of the map's original approval. The total time of extensions cannot exceed five years. A stay may be for the period of time during which a lawsuit involving the tentative map is or was pending in a court of competent jurisdiction, not to exceed five years. The ultimate length of the extension or stay must be consistent with the Act.

• E. Modification of an approved tentative map or its conditions of approval does not extend the time limits imposed by this section, unless an extension or stay is specifically granted.

• (Ord. 1317 § 1, 9/26/16)

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City of Bellflower, CA

SUBDIVISIONS

§ 16.12.010

§ 16.12.020