Chapter 163 — FINAL MAPS AND PARCEL MAPS

Article I. - General Requirements

Sec. 9.163.010. - Separated parcels; restrictions.

No land shall be divided on any single map when such land is separated or divided into two or more parcels or portions by any parcel of land other than a street, alley, railroad right-of-way, public utility rightof-way, or flood control right-of-way, and when such land is so separated, each parcel or portion thereof, if divided, shall be divided as a separate parcel and shown on a separate map.

(Ord. No. 297, § 9.07.120.010, 3-20-2007)

The evidence of title required by Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on such final map of land, said certificate of title or policy of title insurance shall be issued for the benefit and protection of the City. Such certificate or policy shall be dated and delivered upon request of the City Engineer when such final map is ready for recordation.

(Ord. No. 297, § 9.07.120.020, 3-20-2007)

Sec. 9.163.030. - Prints; number required; distribution.

Upon the submission of a final map or parcel map to the City Engineer, it shall be accompanied by as many prints thereof as may be required by the City Engineer, who shall transmit them to the members of the Subdivision Committee and affected agency.

(Ord. No. 297, § 9.07.120.030, 3-20-2007)

Sec. 9.163.040. - Reports to City Engineer.

Each officer or agency, within 15 days after the receipt of a print of a final or parcel map, shall report in writing to the City Engineer as to the compliance or noncompliance of such map with law as to the matters coming under such officer's or agency's jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply with the law.

(Ord. No. 297, § 9.07.120.040, 3-20-2007)

Sec. 9.163.050. - Matters required for submittal.

At the time of submittal of the final map or parcel map, or prints thereof, the following matters shall be submitted to the City Engineer as an aid in the processing of the final maps:

(1)

Complete copies of all deeds referenced on the map or required for the interpretation of deeds referenced on the map.

(2)

Complete copies of all field-book pages referenced on the map.

(3)

Complete copies of all other documents and information referenced on the map.

(4)

Mathematical traverses, in a form acceptable to the City Engineer, of the boundary of the division of land, block boundaries, not-a-part areas, centerline loops, and each lot or parcel shown on the map.

(5)

A print of the most recent assessor map book pages covering the proposed division of land.

(Ord. No. 297, § 9.07.120.050, 3-20-2007)

Sec. 9.163.060. - Filing fees; payment, deposit, use and refund conditions.

(a)

Upon the submission of a final map or parcel map, the subdivider shall deposit with the City a sum of money equal to the amount required by law for the filing of such map, which money shall be deposited for that purpose, and upon the filing of such map in the office of the County Recorder, such money shall be used by the City Engineer in payment of the fee for the filing of such map. Such fees shall be set by resolution of the City Council.

(b)

In the event that the subdivider abandons the intention to cause such map to be filed, and so notifies the City Engineer of such fact in writing, any unused portion of such money shall be returned to the subdivider who deposited the same.

(Ord. No. 297, § 9.07.120.060, 3-20-2007)

Sec. 9.163.070. - Street improvement plan checking fees.

Where the City Engineer is required to check street improvement plans for a parcel or final map under the provisions of the Subdivision Map Act, the subdivider shall pay a plan checking fee to the City in addition to all other fees and charges required by law. These fees, payable upon submission or resubmission of the plans for checking by the City Engineer, shall be set by resolution of the City Council.

(Ord. No. 297, § 9.07.120.070, 3-20-2007)

Sec. 9.163.080. - Street lighting plan checking fees.

Where plans for a street lighting system are required to be submitted to the City Engineer for a parcel or tract map under the provisions of the Subdivision Map Act, the subdivider shall pay a plan checking fee to the City in addition to all other fees required by law. These fees, payable upon submission of plans for checking to the City Engineer, shall be set by resolution of the City Council.

(Ord. No. 297, § 9.07.120.075, 3-20-2007)

Where the City Engineer processes a parcel map, final map, waiver, or certificate of compliance under the provisions of the Subdivision Map Act, the subdivider shall pay a processing fee to the City in addition to all other fees and charges required by law. This fee, payable upon submission of the final map, parcel map, tentative map, waiver or certificate of compliance, or a print thereof, for review by the City Engineer or determination of compliance with Section 66492 of the Subdivision Map Act by the City, shall be set by City Council resolution.

(Ord. No. 297, § 9.07.120.080, 3-20-2007)

Secs. 9.163.100—9.163.150. - Reserved. Article II. - Mapping Specifications

Sec. 9.163.160. - Title sheet; contents.

(a)

The title sheet of each map shall contain a title consisting of the words "Tract No." and the number of the division of land on a final map, or the words "Parcel Map No." and the number of division of land on a parcel map; also the words "in the City of Bradbury." Also, except as provided in Section 9.163.170, a subtitle consisting of a description of all the property being divided, by reference to such map of the property shown thereon, as shall have been previously filed or recorded in the Office of the County Recorder or shall have been previously filed with the County Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the Office of the County Recorder under authority of Government Code Title 7, Division 3 or by reference to the plat of any United States survey. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the Office of the County Recorder.

(b)

Each reference in such description to any division of land shall be spelled out and worded identically with the original record thereof and must show a complete reference to the book and page of records of the county.

(c)

Upon such title sheet the certificate of the surveyor or engineer referred to in Section 66449 or 66441 of the Subdivision Map Act shall appear. Also upon such title sheet, or upon at least one map sheet, shall appear the basis of bearings, making reference to a recorded subdivision map, County Surveyors map or other record acceptable to the City Engineer, or to a solar or Polaris observation.

(d)

Pursuant to Sections 66434 and 66445 of the Subdivision Map Act, certificates, affidavits and acknowledgments may be legibly stamped or printed upon the title sheet of the final map or parcel map with opaque ink. All stamped or written matter, including signatures, shall be so made with opaque ink that legible blue-line prints may be obtained therefrom.

(Ord. No. 297, § 9.07.120.100, 3-20-2007)

Sec. 9.163.170. - Reversion to acreage; title sheet information.

(a)

Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "A Reversion to Acreage of _____" (insert a legal description of the land being reverted).

(b)

A parcel map may be used to revert to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership.

(Ord. No. 297, § 9.07.120.110, 3-20-2007)

Sec. 9.163.180. - Boundary lines for divisions of land.

The boundary line of a division of land shall be indicated by a distinctive symbol applied on the front side of the tracing and inside such boundary line. Such symbol shall be of such density as to be transferred to a blue-line print of such map and not to obliterate any line, figure or other data appearing on such map.

(Ord. No. 297, § 9.07.120.120, 3-20-2007)

Sec. 9.163.190. - Evidence determining boundaries.

(a)

On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining divisions of land, by lot and block number, subdivision name or number and place of filing, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision.

(b)

The City Engineer may require that a field survey be performed in order to establish the boundary of any parcel map and shall examine such survey for compliance with the Subdivision Map Act and the Land Surveyor's Act.

(Ord. No. 297, § 9.07.120.130, 3-20-2007)

Sec. 9.163.200. - Orientation of map and map sheets.

The map on each sheet and the lettering thereon shall be so oriented that, with the north point direction away from the reader, the map may be read most conveniently from the bottom or lower right comer of such sheet, the binding edge to be at the left and lengthwise of the sheet, keeping in mind that the sheets are always on the right page of the map book, the left page being always blank.

(Ord. No. 297, § 9.07.120.140, 3-20-2007)

Sec. 9.163.210. - Title, scale, north point number and cross references.

Each sheet of a final map or parcel map, excepting the title sheet thereof, shall bear the main title of the map, the scale of the map, north point and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof.

(Ord. No. 297, § 9.07.120.150, 3-20-2007)

Sec. 9.163.220. - Block designation.

In the event that the subdivider elects to number or letter the blocks in any division of land, all blocks therein shall be numbered or lettered in numerical or alphabetical order, respectively, commencing with the numeral "1" or the letter "A" and continuing without omission or duplication. Such numbers or letters shall be solid and of sufficient size and thickness as to be conspicuous on the map, and shall be so placed as not to obliterate any figure, dimension or course and shall not be enclosed in any circle or other design. Except where necessitated by a scale sufficiently large to show all details clearly, no block shall be divided between two or more sheets.

(Ord. No. 297, § 9.07.120.160, 3-20-2007)

In the event that the blocks of any division of land are numbered or lettered, the lots in each block therein shall be numbered beginning with the numeral "1" and continuing without omission or duplication in any such block. Otherwise, the lots shall be numbered beginning with the numeral "1" and continuing without omission or duplication throughout the entire division of land. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.

(Ord. No. 297, § 9.07.120.170, 3-20-2007)

The bearing and length of each lot line, block line and boundary line shall be shown on the final map or parcel map; provided that, when bearings and lengths of lot lines in any series of lots are the same, either

the bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full, and no ditto mark or other designation of repetition shall be used. Bearings shall be shown to the nearest second and distances shall be shown to the nearest 1/100 of a foot.

(Ord. No. 297, § 9.07.120.180, 3-20-2007)

Sec. 9.163.250. - Curve data.

The length, radius and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown thereon.

(Ord. No. 297, § 9.07.120.190, 3-20-2007)

Sec. 9.163.260. - Area designation.

Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown to the nearest 1/100 of an acre. Lot area shall be shown in square feet on parcels containing less than three-fourths of an acre.

(Ord. No. 297, § 9.07.120.200, 3-20-2007)

Sec. 9.163.270. - City boundary lines.

Upon the final map or parcel map shall be shown each City boundary line crossing or adjoining the division of land, and such line shall be clearly designated and tied in.

(Ord. No. 297, § 9.07.120.210, 3-20-2007)

Sec. 9.163.280. - Street names.

(a)

Naming; duplication.

(1)

Street names within the boundaries of a division of land shown on a final map or parcel map shall be submitted to the City Engineer for approval and, if duplicated elsewhere in the sub-region or so nearly the same in spelling or pronunciation as to cause confusion, the City Engineer may require some other name.

(2)

Unless a name is so duplicated or confusing it shall be the same as the name of any street of which it is on line of extension, or the name to which said street or highway may be in the process of being changed.

(b)

Streets (except alleys or walks) extending approximately northerly and southerly shall be designated "avenue" and those extending approximately easterly and westerly shall be designated "street."

(c)

Streets which materially change direction shall bear the name and suffix designated by the City Engineer as most closely conforming to a suitable house numbering system.

(d)

The words "avenue," "boulevard," "place" or other designation of any such street shall be spelled out in full.

(e)

The name of each newly dedicated portion of any street shall be shown in or arrowed to such newly dedicated portion.

(Ord. No. 297, § 9.07.120.220, 3-20-2007)

Sec. 9.163.290. - Street widths and centerlines.

(a)

There shall be shown upon each final map or parcel map the centerline of each street or way, the total width thereof, the width of that portion, if any, to be dedicated and, in the case of any existing streets or ways, the width thereof, and the width of each street or way on each side of the centerline thereof. On each such centerline shall be shown the bearing and length of each tangent and radius, central angle, and length of each curve.

(b)

The final map or parcel map shall show the width of each railroad right-of-way, flood control or drainage easement and each other easement appearing on such map, whether previously of record or offered for dedication on such map.

(Ord. No. 297, § 9.07.120.230, 3-20-2007)

Sec. 9.163.300. - Easements—Identification.

Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon.

(Ord. No. 297, § 9.07.120.240, 3-20-2007)

Sec. 9.163.310. - Same—Designation on map.

Each easement shown for any storm drain or sewer or fire access shall be designated on the final map or parcel map by fine dashed lines.

(Ord. No. 297, § 9.07.120.250, 3-20-2007)

Sec. 9.163.320. - Same—Lines, ties and other evidence.

Upon a final tract map or parcel map shall be shown the centerline or side lines of each easement to be dedicated to the local agency or previously dedicated to the local agency, and those easements required to be shown by the City Council to which the lots in the division of land are subject. In the event that such easement is not definitely located of record, a statement showing the existence of such easement shall be placed on the map. A statement showing the existence and purpose of all easements other than those of the local agency shall be placed on the map to the satisfaction of the City Engineer.

(Ord. No. 297, § 9.07.120.260, 3-20-2007)

Sec. 9.163.330. - Same—Widths and ties.

The width of easements or the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate such easements with respect to a division of land shall be shown on the final map or parcel map.

(Ord. No. 297, § 9.07.120.270, 3-20-2007)

Sec. 9.163.340. - Same—Bearings on lot lines.

Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or so shown as to indicate clearly the actual length of each lot line.

(Ord. No. 297, § 9.07.120.280, 3-20-2007)

Sec. 9.163.350. - Same—Notes and figures.

All notes or figures pertaining to each easement shall be subordinated in form and appearance to those relating to the division of land itself.

(Ord. No. 297, § 9.07.120.290, 3-20-2007)

Sec. 9.163.360. - Same—Dedication.

If an easement is being dedicated by a final map, it shall be properly set out in the owner's certificate of dedication on the map.

(Ord. No. 297, § 9.07.120.300, 3-20-2007)

Sec. 9.163.370. - Land subject to overflow, ponding or high groundwater.

If any portion of such land is subject to sheet overflow or ponding of local stormwater, or should the depth to groundwater be less than ten feet from the ground surface, such information shall be shown on the final map or parcel map and the City Engineer shall so inform the State Real Estate Commissioner.

(Ord. No. 297, § 9.07.120.310, 3-20-2007)

Sec. 9.163.380. - Land subject to flood hazard, inundation, or geological hazard.

(a)

If any portion of the land within the boundaries shown on a tentative map of a division of land is subject to flood hazard, inundation or geological hazard, and the probable use of the property will require structures thereon, the advisory agency may disapprove the map or that portion of the map so affected and require protective improvements to be constructed as a condition precedent to approval of the map.

(b)

Approvals of land subject to flood hazard shall comply with the current Federal floodplain management regulations.

(c)

If any portion of a lot or parcel of a division of land is subject to flood hazard, inundation or geological hazard, such fact and portion shall be clearly shown on the final map or parcel map by a prominent note on each sheet of such map whereon any such portion is shown. A dedication of building restriction rights over the flood hazard, inundation or geological hazard area may be required.

(d)

The provisions of this section shall not apply to divisions of land in which each resultant parcel has a gross area of 40 acres or more or is a quarter-quarter section of a government plat or larger.

(Ord. No. 297, § 9.07.120.320, 3-20-2007)

Sec. 9.163.390. - Flood hazard area, floodway or natural watercourse designation.

In the event that a dedication of right-of-way for storm drainage purposes is not required, the location of any watercourse, channel, stream or creek, flood hazard area or floodway shall be shown on the final map or parcel map to the satisfaction of the City Council.

(Ord. No. 297, § 9.07.120.330, 3-20-2007)

CHAPTER 164. - URBAN LOT SPLITS[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 398, § 3, adopted July 15, 2025, amended the Code by repealing former Ch. 164, §§ 9.164.010—9.164.060, and adding a new Ch. 164. Former Ch. 164 pertained to similar subject matter, and derived from Ord. No. 380, adopted December 21, 2021; and Ord. No. 383, adopted July 19, 2022.

Sec. 9.164.010. - Definitions.

For purposes of this chapter only, the following definitions shall apply:

Unit shall mean a primary dwelling unit, an accessory dwelling unit of any type, a junior accessory dwelling unit, or an SB 9 unit. "Unit" shall not include a guest house or an SRO development.

Urban lot split means a lot split of a single-family residential lot into two parcels that meets the requirements of this chapter.

(Ord. No. 398, § 3, 7-15-2025)

(a)

The City shall approve or deny an application for an urban lot split within 60 days from the date of a complete application.

(b)

If the City fails to approve or deny an application within this time frame, the application shall be deemed approved.

(c)

If the City denies the application, it must provide the applicant with a full set of comments with a list of items that are defective or deficient and a description of how the application can be remedied within 60 days from a complete application.

(Ord. No. 398, § 3, 7-15-2025)

Sec. 9.164.030. - Urban lot split approval.

The City shall ministerially approve a parcel map for a lot split that meets the following requirements:

(1)

The parcel is located within a single-family residential zone.

(2)

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

(3)

The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.

(4)

Both newly created parcels are no smaller than 1,200 square feet.

(5)

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code section 5020.1, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance.

b.

Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

A very high fire hazard severity zone as further defined in California Government Code section 65913.4(a)(6) (D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

d.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the City's Building Department.

e.

A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

1.

The site has been subject to a letter of map revision prepared by FEMA and issued to the City; or

2.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in California Government Code section 65913.4(a) (6)(G)(ii).

f.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in

order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.

g.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in California Government Code section 65913.4(a)(6)(I).

h.

Habitat for protected species identified as candidate, sensitive, or species of special status by State or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).

i.

Lands under a conservation easement.

(6)

The proposed lot split would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that has been occupied by a tenant in the last three years.

(7)

The lot split does not create more units or accessory living quarters than allowed under Chapter 9.85.

(Ord. No. 398, § 3, 7-15-2025)

Sec. 9.164.040. - Standards and requirements.

The following requirements shall apply:

(1)

The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Part VII of Title IX of the Bradbury Municipal Code, except as the same are modified by this section.

(2)

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

(3)

Except for those circumstances described in subsection (2) above, for any lot resulting from an urban lot split, the setback for side and rear lot lines shall not be less than four feet. The front setback shall be as set forth in the applicable single-family residential zone.

(4)

The applicant shall provide easements for the provision of public services and facilities as required.

(5)

If a lot does not have direct access to a street, appropriate access easements meeting the minimum size of the driveway requirements set forth in Chapter 103 of the Development Code shall be provided on the tentative and parcel map.

(6)

Development of the lots shall be in accordance with Chapter 85 of the Development Code.

(Ord. No. 398, § 3, 7-15-2025)

Sec. 9.164.050. - Denials.

(a)

The City shall not:

(1)

Require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

(2)

Impose any objective subdivision standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

(3)

Require the correction of nonconforming zoning provisions as a condition for the lot split.

(4)

Deny an application solely because it proposes an adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(b)

The City may deny the lot split if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in California Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 398, § 3, 7-15-2025)

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

(1)

That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

(2)

That the uses shall be limited to residential uses.

(3)

That any rental of any unit created by the lot split shall be for a minimum of 31 consecutive calendar days.

(4)

That the maximum number of primary units, ADUs of any kind, and JADUs to be allowed on each parcel shall not exceed two units. This shall not include the accessory living quarters allowed pursuant to Article III of Chapter 85 of Title IX.

(5)

That the accessory living quarters allowed on the single lot in the A-1, A-2, or A-5 zone may be split as provided for in section 9.85.300.

(Ord. No. 398, § 3, 7-15-2025)

This chapter shall not apply to:

(1)

Any parcel which has previously been established pursuant to a lot split in accordance with the provisions of the chapter; or

(2)

Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, affiliated with, or connected by partnership to the owner, buyer or seller if transferred within the previous three years of an adjacent lot.

(Ord. No. 398, § 3, 7-15-2025)

CHAPTER 166. - MINOR LAND DIVISIONS

Sec. 9.166.010. - Tentative map required.

A tentative map shall be submitted to the City and approved in accordance with the provisions of this part prior to the submission for approval of a parcel map of a minor land division or the initiation of a request for waiver of a parcel map pursuant to this part.

(Ord. No. 297, § 9.07.130.010, 3-20-2007)

The County Engineer shall assign all map numbers for tentative and parcel maps of minor land divisions. The subdivider or the subdivider's agent shall apply to the County Engineer for a map number prior to submission of a tentative minor land division map.

(Ord. No. 297, § 9.07.130.020, 3-20-2007)

Sec. 9.166.030. - Information required; format.

The tentative minor land division map shall be a reproducible print, legibly drawn to a scale of sufficient size to show full detail, including the following information:

(1)

The map number;

(2)

Sufficient legal description of the land as to define the boundaries of the proposed division of land;

(3)

Name and address of the subdivider and of the registered civil engineer or licensed surveyor who prepared the map;

(4)

The locations, names and existing widths of all adjoining highways, streets or ways, whether public or private;

(5)

The width and approximate grades of all streets and ways within such proposed division of land and indicate whether such streets or ways are to be public or privately owned and maintained;

(6)

The size, approximate locations, and purpose of all existing and proposed easements, whether public or private, including, but not limited to, those for roads, drainage, sewage disposal, firefighting access and public utility purposes. The subdivider or the subdivider's agent shall certify by an affidavit or by a declaration made under penalty of perjury pursuant to Code of Civil Procedure § 2015.5 that all existing easements of record are shown on the tentative map;

(7)

Approximate radius of all curves;

(8)

The approximate lot layout and the approximate dimensions of each lot;

(9)

Approximate locations of all areas subject to inundation or stormwater overflow, mud and debris hazards, and the locations, widths and directions of flow of all watercourses;

(10)

Source of water supply;

(11)

Proposed method of sewage disposal. Where public sewers are not available and where private sewage disposal systems will be utilized, the results of percolation tests shall be submitted in accordance with the recommendations of the Health Officer. The location of any existing sewage disposal system which is proposed to remain in the division of land shall be shown on the tentative map;

(12)

The proposed use of the property, including the number and classification of dwelling units to be permitted on each of the lots:

(13)

Proposed public areas, if any;

(14)

Approximate contours at sufficient intervals to determine existing topography and all proposed grading. Proposed grading shall be shown in a manner that feasibility of compliance with grading ordinance requirements of Title 26 of the Los Angeles County Code, adopted by reference, and Chapter 97 of this title can be determined;

(15)

Date, north point and scale;

(16)

Number for each lot;

(17)

A tree preservation and planting plan of sufficient detail and scale to clearly show the proposed subdivision, including all necessary improvements to develop the property to the maximum extent permitted by the entitlements being sought, including, but not limited to, grading, building pad location, streets and ways, watercourses, drainage channels, excavations, or any other physical improvement will comply with the hillside development standards specified in Chapter 97 of this title and the tree preservation and landscaping requirements specified in Chapter 118 of this title;

(18)

Approximate location and outline to scale of each existing building or structure. Any structure that will be removed or relocated in the development of the division of land shall be so noted;

(19)

Each street shown by its actual street name or by temporary name or letter for purposes of identification until the proper name of such street is determined;

(20)

A geological report to determine whether the property to be divided is subject to an existing or potential geological hazard, and/or a written report stating how geological conditions will affect the proposed development, shall be submitted whenever required by the City Engineer. The report shall be prepared by an engineering geologist certified by the State Board of Registration for Geologists;

(21)

A written statement by the registered civil engineer or land surveyor as to whether or not said person will set boundary monuments prior to filing with the County Recorder of the final map;

(22)

A statement of the existing zoning and, if a zone change is proposed, the requested zoning for all real property within the division of land;

(23)

A vicinity map showing the location of the division in relation to the nearest existing cross streets;

(24)

Three prints of the most recent Assessor map book pages covering the proposed division of land;

(25)

Existing and proposed fire flow (hydrants) to serve each of the proposed lots;

(26)

Any environmental information or studies required by the California Environmental Quality Act of 1972 (CEQA) as amended. An environmental checklist and evaluation shall be conducted to assess CEQA requirements. An application submittal shall not be deemed complete and filed until CEQA requirements are satisfied;

(27)

A title report and guarantee for legal description, easements and ownership;

(28)

Such other information deemed necessary by the Subdivision Committee to properly evaluate the application.

(Ord. No. 297, § 9.07.130.040, 3-20-2007)

Sec. 9.166.040. - Written statements required.

(a)

The subdivider shall submit with the tentative minor land division map a written statement containing the following information:

(1)

A legal description of all ownerships comprising any and all parts of the proposed minor land division;

(2)

A statement that the subdivider is the record owner of all real property comprising the proposed minor land division, or that the record owner consents to the submission of the map, and the disclosure of any fee interest that the subdivider has in any property adjacent to the minor land division;

(3)

Where required by the Subdivision Committee, a signed and acknowledged statement disclosing such information as is necessary, in the opinion of the Subdivision Committee, to establish whether the proposed subdivision is a minor land division;

(4)

Such other information as the Planning Commission or City Council may require.

(b)

Any of the information required pursuant to this section may be shown on the face of the tentative minor land division map.

(Ord. No. 297, § 9.07.130.050, 3-20-2007)

Sec. 9.166.050. - Number of copies.

The subdivider shall submit sufficient copies of the tentative minor land division map and application documents as are required by the Planning Commission or City Council.

(Ord. No. 297, § 9.07.130.060, 3-20-2007)

Sec. 9.166.060. - Distribution of copies.

Upon submission of a tentative minor land division map, the City shall transmit copies to the Subdivision Committee and any agency which has an interest in the proposed minor land division.

(Ord. No. 297, § 9.07.130.070, 3-20-2007)

Sec. 9.166.070. - Departmental review procedures.

When a copy of the tentative minor land division map is transmitted to any interested agency, that agency shall, within a period of not more than 20 days after transmittal, file with the Subdivision Committee a report either approving of the tentative map as submitted, or indicating what changes are necessary to make the tentative map conform to the requirements of the Subdivision Map Act and of this part coming under its jurisdiction. Failure of an agency to file a report on a tentative map before the expiration of the specified review period shall be deemed as approval by that agency of the maps as submitted. The City Council shall not approve or conditionally approve a tentative minor land division map until the expiration of the 20-day review period or receipt of all reports, whichever comes first.

(Ord. No. 297, § 9.07.130.080, 3-20-2007)

Sec. 9.166.080. - Action by City Council.

(a)

The Planning Commission shall make a recommendation on and the City Council shall approve, conditionally approve, or disapprove tentative maps of minor land divisions.

(b)

Action on tentative maps of minor land divisions shall be taken at properly noticed public hearings before the Planning Commission and City Council as provided for in Chapter 31. The time limit for acting may be extended by mutual consent of the subdivider and the City.

(Ord. No. 297, § 9.07.130.090, 3-20-2007; Ord. No. 375, § 15, 5-18-2021)

Sec. 9.166.090. - Access to property.

The City Council may require as a condition of approval of a tentative minor land division map that the subdivider produce evidence that the property as divided will have access to a public street.

(Ord. No. 297, § 9.07.130.100, 3-20-2007)

Sec. 9.166.100. - Criteria for rejection.

In addition to other provisions of this Code and the Subdivision Map Act, the City Council may reject a tentative minor land division map if the only practical use which can be made of the division, as proposed, is a use prohibited by any ordinance, statute, law or other valid regulation.

(Ord. No. 297, § 9.07.130.110, 3-20-2007)

Sec. 9.166.110. - Duration of approval; extensions.

(a)

The approval of a tentative minor land division map shall be effective for a period of two years.

(b)

The Planning Commission may grant one or more extensions to the terms of approval of a tentative map. Each extension shall be for no more than one year and the sum of said extensions shall not exceed three years. The subdivider shall submit a written request to the Planning Commission for such extension before expiration of the map.

(c)

If the Planning Commission denies the subdivider's application for an extension, the subdivider may appeal to the City Council within ten days after the action of the Planning Commission.

(Ord. No. 297, § 9.07.130.120, 3-20-2007)

Sec. 9.166.120. - Lot line adjustment.

(a)

The Planning Commission may approve a lot line adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created.

(b)

A lot line adjustment shall also comply with the following:

(1)

The resulting lots will conform to the City's General Plan and any applicable specific plan;

(2)

The resulting lots, including lot design, frontage, access and similar standards shall be consistent with applicable provisions contained in this title;

(3)

The resulting lots will be consistent with all provisions contained in the City's building codes. If any of the parcels to be adjusted are improved with a structure requiring a building permit, the applicant shall provide an inspection report from the Building and Safety Department certifying that changes in lot lines will not violate any ordinances or regulations. The City shall collect any fees required for this service; and

(4)

Conditions may only be imposed to ensure compliance with the above.

(c)

If the adjustment is approved, the City Engineer shall record a separate certificate of compliance containing the descriptions of the parcels as they will exist after adjustment. If the request is denied, the City Planner shall report this in writing to the applicant, citing the reasons for denial.

(d)

The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant. If a certificate of conformance and deed is used to record the lot line adjustment, such instruments shall include a dimensioned diagram approved by the City Planner or City Engineer.

(Ord. No. 297, § 9.07.130.130, 3-20-2007)

Sec. 9.166.130. - Lot line adjustment application.

The application for a lot line adjustment shall contain the information specified in Section 9.166.030 and other information deemed necessary by the City Planner to evaluate and process the applicant's request.

(Ord. No. 297, § 9.07.130.140, 3-20-2007)

Sec. 9.166.140. - Fee.

An application fee, in an amount set by resolution of the City Council, shall be paid when the application is submitted.

(Ord. No. 297, § 9.07.130.150, 3-20-2007)

CHAPTER 169. - MODIFICATIONS

Sec. 9.169.010. - Modification or waiver of provisions; when authorized.

(a)

Whenever, in the opinion of the City Council, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in this part, the City Council may, at the time of action on the tentative map of the subdivision, modify the regulation, provided that in the case of each modification the City Council shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided, further, that the City Council shall make a report in writing setting forth each modification and the facts relied upon for making the modification.

(b)

The City Council shall waive the provisions of this part and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform State or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the City Council, does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this part, the Subdivision Map Act, or any other ordinance, statute or regulation.

(Ord. No. 297, § 9.07.140.010, 3-20-2007)

Sec. 9.169.020. - Modifications to recorded maps.

(a)

Purpose. The provisions of this section provide findings, procedures and fees for modifications of the design and conditions of recorded maps where physical problems associated with the development of the site or technical problems occur after recordation, in conformity with Government Code § 66472.1.

(b)

Fees. The fees charged for such modification of a final or parcel map shall be the same as for a revision to an approved tentative map.

(c)

Materials for filing. A proposed change to a final or parcel map shall require submittal of the following:

(1)

The materials indicated by Section 9.160.050 or, in the case of a minor land division, the materials indicated by Section 9.166.030; and

(2)

A detailed written description of the manner in which the proposed modification meets the findings described in Subsection (g) of this section.

(d)

Applicants. An applicant for a revision to a recorded map shall be either:

(1)

The owner of title to the subject property or the owner's authorized representative; or

(2)

The Planning Commission or the City Council.

(e)

Review. The proposed change of design or modification of conditions shall be reviewed by the Subdivision Committee, which shall submit its recommendation to the Planning Commission.

(f)

Public hearings. Any proposed change of design and/or modification to conditions of a final map or parcel map will require public hearings as specified in Chapter 139 of this title. The subject of the hearing must be confined to consideration and action on the proposed modification.

(g)

Findings. The applicant must substantiate the following facts to the Planning Commission/City Council in addition to the findings required by Section 9.139.090:

(1)

That there are changes in circumstances which make any or all of the conditions or the design of such a map no longer appropriate or necessary;

(2)

That the proposed modifications do not impose any additional burdens on the present fee owner of the property;

(3)

That such modifications would not alter any right, title or interest in the real property; and

(4)

That the modifications requested result from either physical problems associated with the development of the site or technical difficulties arising which are not under the control of the property owner and which make it impossible to comply with certain conditions.

(h)

Final action. If the City Council determines that the findings specified by Subsection (g) of this section have been met, the requested modification shall be approved and the applicant shall submit to the City Engineer:

(1)

An amending map; or

(2)

A certificate of correction, as determined by the City Engineer.

(Ord. No. 297, § 9.07.140.030, 3-20-2007)

CHAPTER 172. - APPEALS

Sec. 9.172.010. - Procedures; submittal and determination.

A subdivider or any interested person dissatisfied with an action taken by the City Planner, City Engineer, or Planning Commission may appeal such action to the City Council within ten days of the decision. All appeals shall be submitted and acted upon in the manner prescribed in Chapter 16 of this title.

(Ord. No. 297, § 9.07.150.010, 3-20-2007)

Sec. 9.172.020. - Fees.

Upon filing of an appeal with the City Clerk, the appellant shall pay a processing fee in an amount set by resolution of the City Council to be sufficient to cover the cost of a public hearing to be held by the City Council.

(Ord. No. 297, § 9.07.150.020, 3-20-2007; Ord. No. 375, § 16, 5-18-2021)

CHAPTER 175. - CERTIFICATES OF COMPLIANCE; NOTICES OF VIOLATION

Sec. 9.175.010. - Purpose of chapter provisions.

This chapter supplements those provisions of Sections 66499.34, 66499.35 and 66499.36 of the Subdivision Map Act pertaining to notices of violation and certificates of compliance.

(Ord. No. 297, § 9.07.160.010, 3-20-2007)

Sec. 9.175.020. - City Engineer authority.

The City Engineer is authorized to make all required determinations on certificates of compliance and notices of violations.

(Ord. No. 297, § 9.07.160.020, 3-20-2007)

Sec. 9.175.030. - Certificate of compliance—Matters required for applications.

Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the City Engineer. Application for issuance of a certificate of compliance shall be made in writing on a standardized form provided by the City. The City Engineer may require the

submission of such supporting information as the City Engineer deems necessary to determine compliance. All submissions shall be legible and readily reproducible.

(Ord. No. 297, § 9.07.160.025, 3-20-2007)

Sec. 9.175.040. - Same—For undersized parcels.

Where a certificate of compliance has been issued for a parcel of less than required area that was created prior to March 4, 1972, the owner may request:

(1)

A review by the City Engineer, pursuant to the provisions of this title, to determine satisfaction of the following criteria:

a.

The parcel of land has frontage on a road as specified by Chapter 145 of this title, except for flag lots as specified in Section 9.145.290;

b.

The parcel of land is served by public sewer, or it is of sufficient size to provide for satisfactory on-site sewage disposal for the land use intended;

c.

The width of the parcel of land will be as required by Chapter 145 of this title;

d.

The setbacks of the underlying zone will be adhered to, unless a variance has been received;

e.

The parcel of land has adequate fire flow and hydrant spacing as required by the County fire prevention codes; and

f.

The owner of the parcel of land does not own any contiguous lots or parcels of land.

(2)

Approval of a variance pursuant to zoning provisions of this title and all conditions of approval have been satisfied.

(Ord. No. 297, § 9.07.160.030, 3-20-2007)

(a)

A property owner dissatisfied with an action of the City Engineer on a certificate of compliance or notice of violation may appeal to the Planning Commission in accordance with the procedures set forth in Chapter 16 of this title. In the case of certificates of compliance, a vendee of real property pursuant to a contract of sale may also appeal to the Planning Commission.

(b)

Fees. Upon filing an appeal, the appellant shall pay a processing fee as required.

(Ord. No. 297, § 9.07.160.050, 3-20-2007)

Sec. 9.175.060. - Notices of violation.

(a)

Any City official having knowledge of a possible violation of the provisions of the Subdivision Map Act or of this part shall direct such information to the City Engineer or City Clerk.

(b)

If the City Engineer, either on the Engineer's own initiative or upon investigation of information received from another City official or any other interested person, determines that real property has been divided in violation of the Subdivision Map Act or of this part, the City Engineer shall initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act.

(Ord. No. 297, § 9.07.160.160, 3-20-2007)