Chapter 17.40 — SUBDIVISION MAP APPROVAL REQUIREMENTS

This article is and may be cited as the City of Calabasas subdivision ordinance. The regulations in this article are intended to supplement and implement the California Subdivision Map Act, Sections 66410 et seq. of the California Government Code (hereafter referred to as the Map Act). This article is not intended to replace the Map Act, and must be used in conjunction with it in application preparation, and the review, approval and construction of proposed subdivisions.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Tentative, and Final or Parcel Map Required. Except as otherwise provided by subsection (B) of this section, any subdivision of land in the city shall require the filing and approval of a tentative map in compliance with Chapter 17.41 and:

1.

Parcel map: A parcel map (Sections 17.42.100 and following) for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act; or

2.

Final map: A final map (Sections 17.42.200 and following) for a subdivision of five or more parcels.

B.

Exemptions—No Subdivision Approval Required. In compliance with Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of tentative, parcel or final maps.

1.

Agricultural Leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

2.

Cellular Antenna Facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, development plan, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including but not limited to antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

3.

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

4.

Commercial/Industrial Financing or Leases. The financing or leasing of:

a.

Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

b.

Any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site when Article II of this development code requires a site plan review or conditional use permit for the project.

5.

Condominium Conversions. The conversion of:

a.

A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or

b.

Certain mobilehome parks to condominiums as provided by Map Act Section 66428(b).

6.

Lot Line Adjustments. A lot line adjustment between four or fewer adjoining parcels processed in compliance with Chapter 17.44.

7.

Mineral Leases. Mineral, oil or gas leases.

8.

Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way.

9.

Small, Removable Commercial Buildings. Subdivisions of four parcels or less for the construction of removable commercial buildings having a floor area of less than one hundred (100) square feet.

10.

Residential Financing or Leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobilehome parks or trailer parks; or "granny" units or secondary housing units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

11.

Separate Assessments. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

C.

Appeals. Any determination or action in compliance with this article may be appealed in compliance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

The authority to review and approve tentative maps, parcel and final maps, lot line adjustments, and certificates and conditional certificates of compliance in compliance with this article, is determined by section 17.60.020 and the provisions of this article.

(Ord. No. 2010-265, § 3, 1-27-2010)

An exception to any of the provisions of this article may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and Processing. A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time. An exception shall not be considered as tentative map approval and shall not extend the time limits for expiration of the map established by Section 17.41.310.

C.

Approval of Exception. The commission or council shall not grant an exception unless all the following findings are first made:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location or surroundings;

2.

The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this development code;

3.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4.

Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5.

The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable specific plan.

6.

In granting an exception, the review authority shall impose substantially the same regulations applicable to a tentative map for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience. The review authority shall also require the mitigation of any environmental impacts in compliance with CEQA.

(Ord. No. 2010-265, § 3, 1-27-2010)

At least thirty (30) days prior to filing any judicial action or proceeding to attack, review, set aside, void or annul the decision of the commission or council concerning a tentative, parcel or final map, or any of the proceedings, acts or determinations taken, done or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto, written notice shall be served upon the council detailing the nature of the conduct or action intended to be challenged. This section is not intended to extend or toll in any way the statute of limitations provided in Map Act Section 66499.37.

(Ord. No. 2010-265, § 3, 1-27-2010)