Chapter 17.42 — PARCEL MAPS AND FINAL MAPS

This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the requirements of the Subdivision Map Act.

(Ord. No. 2010-265, § 3, 1-27-2010)

As required by Sections 17.40.020 and 17.41.140 a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a parcel map is waived as set forth in Section 17.42.110. A parcel map shall be prepared, filed and processed as set forth in Sections 17.42.120 through 17.42.140.

(Ord. No. 2010-265, § 3, 1-27-2010)

A subdivider may request waiver of a parcel map, and the commission may grant the waiver in compliance with this section.

A.

When Waiver is Allowed. Waiver of a parcel map may be requested by a subdivider and granted by the commission for a subdivision that results in the creation of only two parcels, and the boundaries of the original parcel have been previously surveyed and a map recorded and are certain as to location.

B.

Application Processing and Approval. A request for waiver of parcel map shall be submitted with the tentative map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the tentative map application. The commission may grant a requested waiver if:

1.

The proposed tentative map satisfies all findings required for approval by Section 17.41.100; and

2.

The proposed subdivision complies with all applicable requirements of the Map Act and this development code as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply

availability and environmental protection.

C.

Expiration of Waiver. An approved waiver of parcel map shall be subject to the same time limits and opportunities for extension of time as the accompanying tentative map, in compliance with Sections 17.41.310 and 17.41.320 and subsection (D) of this section.

D.

Completion of Subdivision. A subdivision for which a parcel map has been waived shall be completed by the subdivider satisfying all conditions of approval, and by then filing and obtaining approval of a certificate of completion in compliance with this section.

1.

Preparation and Filing of Certificate. The subdivider shall submit an application for a certificate of completion to the city engineer for review and approval, including the following information:

a.

A diagram or exhibit illustrating the configuration and dimensions of the parcels described in the legal descriptions submitted with the certificate of completion;

b.

A statement signed by the subdivider under penalty of perjury that no change in the ownership of the subject property has occurred since the submittal of the title report with the tentative map application. If a change in ownership has occurred, the sub divider shall submit a new title report issued within sixty (60) days before the filing of the certificate of completion application;

c.

A statement by a registered civil engineer, licensed land surveyor, or title company verifying that any required access easements extend to a publicly maintained road;

d.

A certificate of completion in the form required by the city engineer, prepared for recording, including:

i.

A list of all requirements imposed as conditions of approval of the tentative map, including but not limited to any requirements for the construction of offsite and onsite improvements,

ii.

A statement signed by the owner under penalty of perjury attesting that all of the conditions of approval of the tentative map have been met or provided for under the terms of an acceptable subdivision agreement secured by appropriate surety as prescribed by the Map Act, and

iii.

A legal description of each parcel created in substantial conformance with the approved tentative map, prepared by a registered civil engineer or licensed land surveyor;

e.

Any required recordation fees.

2.

Review and Approval of Certificate. The city engineer shall review, approve or disapprove, and complete the processing of a certificate of completion by examining the materials submitted and performing other investigations as necessary to ensure that:

a.

All record title owners have consented to the subdivision;

b.

The certificate of completion accurately describes the conditions of approval, and that the conditions of approval have been satisfactorily completed; and

c.

The legal descriptions on the certificate are accurate, and are in substantial conformance with the approved tentative map.

d.

If the city engineer is satisfied that the certificate of completion and materials submitted with it comply with the above requirements, the city engineer shall place an endorsed approval upon the face of the certificate and shall file it with the county recorder. Upon recording, the subdivision shall be deemed completed, and the parcels created by the subdivision may be conveyed or otherwise transferred.

(Ord. No. 2010-265, § 3, 1-27-2010)

A parcel map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Parcel map submittals shall include the application forms, and all information and other materials prepared as required by the parcel and final map preparation and contents instruction list, provided by the department.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Filing with the City Engineer. The parcel map, together with all data, information and materials required by Section 17.42.120 shall be submitted to the city engineer. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B.

Review of Parcel Map. The city engineer shall:

1.

Determine whether all applicable provisions of this development code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and

2.

Obtain verification from the department that the parcel map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the parcel map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data. The fifty-day time limit shall not include any time needed by the subdivider to make any necessary changes.

(Ord. No. 2010-265, § 3, 1-27-2010)

After determining that the parcel map is in compliance and is technically correct in compliance with Section 17.42.130, the city engineer shall approve the parcel map and forward the map to the county recorder for filing in compliance with Section 66450 of the Map Act, except as follows.

A.

Map with Dedications. If a dedication or offer of dedication is required on the parcel map, the city engineer shall forward the parcel map to the council. The map shall then be placed on the council consent agenda for final acceptance. After action by the council, the city engineer shall transmit the parcel map to the county recorder for filing.

B.

Map with Incomplete Improvements. If improvements required by this development code, conditions of approval or by law have not been completed, the map shall not be approved by the city engineer unless the council first authorizes deferred completion of the improvements by approving an agreement with the subdivider for posting security to guarantee the improvements, in compliance with Section 17.48.040.

C.

Effect of Recorded Map. When a properly endorsed parcel map has been filed for record, the subdivision shall be deemed complete, and the new parcels may be conveyed or otherwise transferred. The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

As required by Section 17.40.020, a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A final map shall be prepared, filed and processed as set forth in Sections 17.42.210 through 17.42.230.

(Ord. No. 2010-265, § 3, 1-27-2010)

A final map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Final map submittals shall include all information and other materials prepared as required by the parcel and final map preparation and contents instruction list, provided by the department. A final map submittal shall also include a digital copy of the final map, prepared using computer software and standards specified by the city engineer.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Filing with City Engineer. The final map, together with all data, information and materials required by Section 17.42.210 shall be submitted to the city engineer. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B.

Review of Final Map. The city engineer shall review the final map and all accompanying materials, and shall:

1.

Determine whether all applicable provisions of this development code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and

2.

Obtain verification from the department that the final map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the final map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data.

C.

Multiple Final Maps. The subdivider may file multiple final maps on the approved tentative map if the subdivider either included a statement of intention with the tentative map or, if after the filing of the tentative map, the director approved the request.

(Ord. No. 2010-265, § 3, 1-27-2010)

After determining that the final map is technically correct and in compliance with Section 17.42.210, the city engineer shall execute the city engineer's certificate on the map in compliance with Map Act Section 66442, and forward the final map to the council for action.

A.

Review and Approval by Council. The council shall approve or disapprove the final map at its next regular meeting after the city clerk receives the map.

1.

Criteria for Approval. The council shall approve the final map if it conforms to all the requirements of the Map Act, all provisions of this development code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.

2.

Waiver of Errors. The council may approve a final map that fails to meet any of the requirements of this development code or the Map Act applicable at the time of approval of the tentative map, when the council finds that the failure of the map is a technical or inadvertent error which, in the determination of the council does not materially affect the validity of the map.

3.

Approval by Inaction. If the council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the city clerk shall certify its approval on the map.

B.

Map with Dedications. If a dedication or offer of dedication is required on the final map, the council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action

to approve the final map.

C.

Map with Incomplete Improvements. If improvements required by this development code, conditions of approval or by law have not been completed at the time of approval of the final map, the council shall require the subdivider to enter into an agreement with the city as specified in Map Act Section 66462, and Section 17.48.040 as a condition precedent to the approval of the final map.

D.

Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk shall transmit the final map to the county recorder for filing, in compliance with Section 17.42.400.

(Ord. No. 2010-265, § 3, 1-27-2010)

In addition to the information required to be included in parcel maps and final maps (Sections 17.42.120 and 17.42.210, respectively), additional information may be required to be submitted and recorded simultaneously with a final map as required by this section.

A.

Preparation and Form. The additional information required by this section shall be presented in the form of additional map sheets, unless the director determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. The additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for parcel maps by Section 17.42.120.

B.

Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:

1.

Title. A title, including the number assigned to the accompanying parcel or final map by the city engineer, the words "Supplemental Information Sheet;"

2.

Explanatory Statement. A statement following the title that the supplemental information sheet is recorded along with the subject parcel or final map, and that the additional information being recorded with the parcel or final map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3.

Location Map. A location map, at a scale not to exceed one inch equals two thousand (2,000) feet. The map shall indicate the location of the subdivision within the city;

4.

Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

5.

Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

Information Required by Conditions of Approval. Any information required by the reviewing authority to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

At the time of filing of a parcel or final map with the county recorder, the subdivider shall present to the county recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act Section 66436.

B.

The county recorder will review and act upon parcel and final maps filed with that office in the manner set forth in Article 6, Chapter 3 of the Map Act and other applicable provisions of state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

When a properly endorsed final map has been filed for record, the subdivision or reversion to acreage shall be deemed complete, and the new parcels may be conveyed or otherwise transferred. The recordation of the map shall have the effect of eliminating any lot lines that existed within the boundaries of the subdivision before approval of the tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

A recorded parcel or final map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this section.

A.

Corrections. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Article 7, Chapter 3 of the Map Act. For the purposes of this section, "errors" include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the parcel or final map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the city engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

B.

Changes to Approved Subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 17.48.040, a new tentative and parcel or final map shall be filed and approved as required by Section 17.40.020.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.44 - ADJUSTMENTS, MERGERS, CERTIFICATES OF COMPLIANCE AND CONDOMINIUMS

This chapter establishes requirements for special-purpose procedures related to subdivisions, including lot line adjustments, lot mergers, certificates of compliance, conditional certificates of compliance, condominiums and condominium conversions.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

In compliance with Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjoining parcel and where no more parcels are created than originally existed. A lot line adjustment shall be processed in compliance with Sections 17.44.110 through 17.44.130.

B.

Lots combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

A lot line adjustment application shall be prepared, filed and processed in compliance with this section.

A.

Application Content. A lot line adjustment application shall include all information and other materials prepared as required by the lot line adjustment preparation and contents instruction list, provided by the department.

B.

Processing.

1.

Lot line adjustment applications shall be submitted to the department and shall be processed according to the procedures specified by Chapter 17.60.

2.

The director shall schedule the lot line adjustment for review by the development review committee. The committee shall review the proposed adjustment for compliance with the provisions of this chapter, and will recommend that the director approve or disapprove the proposed adjustment in compliance with Section 17.44.120.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director may approve, conditionally approve or deny the lot line adjustment as set forth in this section. Decisions made by the director may be appealed to the commission as set forth in Chapter 17.74.

A.

The director shall hold a public hearing in compliance with Chapter 17.78 (Public Hearings) for lot line adjustments involving land area of more than five acres in size or parcels with an average slope of twenty (20) percent or more.

B.

Required Findings. The director shall deny a proposed lot line adjustment if it finds any of the following:

1.

The lot line adjustment does not maintain a position with respect to General Plan or specific plan consistency, parcel design, minimum lot area, environmental quality, and other standards as specified in this development code and other applicable Municipal Code and state law provisions relating to real property divisions, which is equal to or better than the position of the existing lots before adjustment;

2.

The adjustment will have the effect of creating a greater number of parcels than are buildable in compliance with applicable provisions of this development code than exist before adjustment;

3.

Any parcel resulting from the adjustment will conflict with any applicable regulations of this development code; or

4.

The adjustment will result in an increase in the number of nonconforming parcels.

An adjustment for which any of the above findings are made may instead be resubmitted as a subdivision in compliance with Section 17.40.020.

C.

Conditions of Approval. In approving a lot line adjustment, the director shall adopt conditions as necessary to conform to the requirements of this development code or to facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. No. 2010-265, § 3, 1-27-2010)

Within twenty-four (24) months after approval of a lot line adjustment, the adjustment process shall be completed as set forth in this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

A.

Completion by Deed. A lot line adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded. The applicant shall submit deeds to the city engineer for review and approval as set forth in subsection C. of this section before recordation of the grant deed or quit claim deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in California.

B.

Completion by Record of Survey. If required by Section 8762 et seq. of the Business and Professions Code, a lot line adjustment shall not be considered legally completed until a record of survey has been checked by the city engineer and sent to the county recorder for recordation. Where not required, a lot line adjustment may also be completed by record of survey in compliance with this subsection at the option of the applicant.

C.

Review and Approval by City Engineer. The city engineer shall:

Examine the deeds to ensure that all record title owners have consented to the adjustment;

2.

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the development review committee;

3.

If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

4.

After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

D.

Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twenty-four (24) months of approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

In compliance with Government Code Section 66451.10 et seq. this section provides a procedure for owner-initiated merger of contiguous parcels in common ownership. The procedure set forth in this section shall not apply when an entire subdivision is being reverted to acreage. This procedure cannot modify or eliminate improvements required as a condition of a subdivision approval. Any voluntary merger that does not satisfy all the requirements of this section can be processed by a reversion to acreage or other appropriate procedure as determined by the city engineer.

A.

Requirements for Merger. The requirements of a voluntary merger pursuant to this section shall be limited to the following:

1.

The parcels to be merged shall be existing legal lots that are contiguous to one another and are under common ownership.

2.

Except as hereinafter provided, a parcel map shall be required and shall be recorded on approval of the merger. The director, in his or her sole discretion, shall have the authority to allow the recording of a "Certificate of Lot Merger," in a form acceptable to him or her, in lieu of a parcel map.

3.

No building permit shall be issued for any addition to, rebuild or repair of any building or structure that crosses a property line until a lot merger (or lot line adjustment, if applicable) has been completed. Projects limited to interior remodeling, including electrical, plumbing or mechanical work, or combinations thereof, shall be exempt from this requirement. In addition, required ancillary improvements (new or existing) serving the building or structure, including septic systems and required parking facilities, must be entirely on the same lot as the structure for such building permit to be issued.

B.

Merger Application and Processing. A lot merger application shall be prepared, filed and processed in compliance with this section.

Application. The applicant shall submit a completed application form prescribed by the department, the required processing fee as determined by resolution of the council, a tentative map, and any other information deemed necessary by the city engineer in order to process the application.

2.

Processing.

a.

Lot merger applications shall be submitted to the department and shall be processed according to the procedures specified by Chapter 17.60.

b.

The director shall schedule the lot merger for review by the development review committee. The committee shall review the proposed merger for compliance with the provisions of this chapter, and will recommend that the director approve or disapprove the proposed merger in compliance with Section 17.44.145.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director may approve, conditionally approve or deny the lot merger as set forth in this section. Decisions made by the director may be appealed to the commission as set forth in Chapter 17.74.

A.

Required Findings.

1.

The lot merger is consistent with the Subdivision Map Act provisions.

2.

The lots to be merged at the time of merger are under common ownership.

3.

The lots as merged will not be deprived of legal access as a result of the merger and access to the adjoining lots will not be restricted by the merger.

4.

Lot mergers may only be approved provided that dedications or offers of dedication to be vacated or abandoned by the merger are unnecessary for present or future public use.

5.

Lot mergers may only be approved provided that dedications or offers of dedication which are necessary for present or future public use are reserved in the merger.

B.

Conditions of Approval. In approving a lot merger, the director shall adopt conditions as necessary to conform to the requirements of this development code or to facilitate the relocation of existing utilities, infrastructure or easements.

C.

Duration of Approval. Approval of a merger shall be valid for a period of two years from the date approval is given. During this period any and all conditions of approval shall be fulfilled and the deed and parcel map shall be recorded. Such period may be extended by approval of the director for up to an additional one year. Requests for an extension of time shall be accompanied by a fee in an amount prescribed by the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.44.200 - Certificates of compliance.

A.

Certificate of compliance applications are filed to establish a legal record where the city officially recognizes an existing parcel that was not created by approved subdivision map as a legal lot. A conditional certificate of compliance (Section 17.44.210), is used to validate a parcel where the property was not divided legally. Section 66499.35 of the Map Act makes approval of certificates mandatory. Any person owning real property, or a vendee of that person in compliance with a contract of sale of the property, may request a certificate of compliance. The preparation, filing and processing of certificate applications shall occur as set forth in this section.

B.

Application. A certificate of compliance application shall include the form provided by the department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning prior to the division and thereafter, unless the parcels were created through a recorded subdivision map.

C.

Review and Approval. The department shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this development code, and other applicable provisions of this Code. Upon making the determination, the department shall cause a certificate of compliance to be filed with the county recorder. In the event that the department determines that the real property does not comply with the provisions of the Map Act or this development code, the application shall instead be processed as a conditional certificate of compliance (Section 17.44.210).

D.

Form of Certificate. The certificate of compliance shall identify the real property and shall state that the division complies with the provisions of the Map Act and this development code.

E.

Effective Date of Certificate. A certificate of compliance shall not become final until the document has been recorded by the county recorder.

(Ord. No. 2010-265, § 3, 1-27-2010)

A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original dividers, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur as set forth in this section.

A.

Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance (Section 17.44.200).

B.

Review and Approval. The processing, review and approval of the application shall occur as set forth in this section.

1.

Staff Report for the Development Review Committee. The department shall prepare a staff report that:

a.

Describes the history of the land division;

b.

Determines whether the property was legally divided, as set forth in Section 17.44.200(B);

c.

References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred; and

d.

Recommends Appropriate Conditions of Approval.

2.

Review by Development Review Committee. The director shall schedule the conditional certificate of compliance for review by the development review committee. Upon making a determination that the real property does not comply with the provisions of the Map Act or this development code, the director, upon recommendation of the development review committee, shall grant a conditional certificate of compliance, imposing conditions in compliance with subsection C of this section.

C.

Conditions of Approval. If the owners of the property for which a certificate is requested are the original subdividers, the director may impose any conditions that would be applicable to a current subdivision, in compliance with the Map Act and this development code, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the director may only impose conditions that would have been applicable at the time the property was illegally divided.

D.

Appeal. The conditions imposed by the director may be appealed to the commission as set forth in Chapter 17.74.

E.

Completion of Process. Following expiration of the ten-day appeal period after the director has made his or her determination and imposed conditions, the department shall file a conditional certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or vendee who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

F.

Effective Date of Certificate. A conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.

(Ord. No. 2010-265, § 3, 1-27-2010)

A tentative map for a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, in compliance with California Civil Code Section 1351), shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 17.41 for tentative maps. Chapter 17.42 determines whether a parcel or final map must also be filed.

(Ord. No. 2010-265, § 3, 1-27-2010)

A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. City policies on condominium conversion are in the Housing Improvement Program of the General Plan. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.

A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.41 with the following exceptions.

A.

Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials.

1.

Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

2.

Public notice materials: stamped, Number ten envelopes addressed to each tenant of the property being converted.

3.

Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

4.

Relocation assistance program: a program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing, in compliance with the General Plan.

5.

Vacancy rate assessment: an assessment of the vacancy rate in multifamily housing within the city.

6.

Mobilehome Park Conversion Impact Report. If the development being converted to a condominium is a mobilehome park, the application shall also include the report required by Map Act 66427.4.

B.

Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.60.070) shall be provided to the subdivider and each tenant of the subject property at least ten (10) days before any hearing or action on the tentative map by the review authority.

C.

Public Notice. The following notice shall be provided in addition to that required by Chapter 17.78:

1.

Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and

2.

Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

D.

Approval of Conversion—Required Findings.

1.

Time Limit—Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty (120) days of the application being found complete in compliance with Section 17.60.050. The one hundred twenty (120) day time limit may be extended by mutual consent of the subdivider and the city.

2.

Conversion Findings—Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

3.

Limitation on Conversions. In compliance with the General Plan, no condominium conversion shall be approved while the vacancy rate within the city for multifamily housing is less than four percent.

4.

Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.42 shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b).

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.46 - Subdivision Design and Improvement

17.46.010 - Purpose and applicability of chapter.

A.

Purpose. This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are compatible with existing neighborhoods, the natural environment, the health and safety of city residents, and are consistent with the General Plan and any applicable specific plan.

B.

Applicability of Design and Improvement Standards. The requirements of this chapter apply to subdivisions, and conditional certificates of compliance, in addition to all applicable requirements of this development code, as follows:

1.

Design Standards. The standards in Sections 17.46.020 through 17.46.120 of this chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the city engineer, the Calabasas Public Works policies and related design standards and, where applicable, the performance standards for hillside development in Section 17.20.150.

2.

Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 17.41.100 shall be described in conditions of approval adopted for each approved tentative map (Section 17.41.110). The design, construction or installation of all subdivision improvements shall comply with the requirements of the city engineer.

3.

Conflicting Provisions. In the event of conflicts between the provisions of this chapter and other provisions of this development code, or other provisions of the Municipal Code, the most restrictive provisions shall control.

C.

Extent of Improvements Required. As required by Article 1, Chapter 1 of the Map Act, improvements required for

subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

D.

Oversizing of Improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number or length for the benefit of property not within the subdivision, and may be required to be dedicated to the city, as provided by Article 6, Chapter 3 of the Map Act.

E.

Exceptions. Exceptions to the provisions of this chapter may be requested and considered in compliance with Section 17.40.040.

(Ord. No. 2010-265, § 3, 1-27-2010)

Proposed subdivisions shall be designed to provide adequate access from each new parcel to a city street. Street systems to be constructed with new subdivisions shall be designed in compliance with this section, and with the Calabasas Public Works policies and related design standards.

A.

Access to Subdivision. Every subdivision shall be designed to have access to a city street. Private roads are allowed only in compliance with subsection (D) of this section. Access shall be provided by:

1.

The subdivision abutting a street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this section; or

2.

The subdivision being connected to a city street by a non-exclusive right-of-way easement for street, utility and appurtenant drainage facilities purposes, where the easement shall be:

a.

Offered for dedication,

b.

Unencumbered by any senior rights that might serve to restrict its proposed use, and

c.

Of a width and location to accommodate the construction of all improvements required by this section and the Calabasas Public Works policies and related design standards.

B.

Access to New Parcels. Parcels within a proposed subdivision shall be provided access as follows:

1.

City Street Access Required. Each parcel within a proposed subdivision shall be provided access to a city street by being located on an existing city street or a new city street designed and improved in compliance with subsection (C) of this section, or on a private road if allowed by subsection (D) of this section.

2.

Access Denial. When a state highway or a street classified as a major arterial in the circulation element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels. Reservation strips shall be dedicated to the state or city, as appropriate, where required to control access over certain lot lines over the ends of street stubs.

3.

Frontage Roads. When lots are proposed to front on a major arterial or state highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.

4.

Alleys. Alleys may be proposed as part of residential or nonresidential subdivisions. When a subdivision is proposed in an area zoned commercial or industrial, the subdivider may be required to dedicate and improve alleys at least twenty (20) feet wide at the rear of the parcels.

C.

Design and Improvement of Proposed Streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the Calabasas Public Works policies and related design standards:

1.

Alignment. The alignment of streets shown on a tentative map shall be:

a.

Consistent with the circulation element of the General Plan, where applicable; and

b.

Located so as to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves; and

c.

As required by the city engineer.

2.

Right-of-Way and Surfaced Width. The width of the right-of-way and improved surface of streets shown on a tentative map shall be as provided by the Calabasas Public Works policies and related design standards.

3.

Access to Unsubdivided Property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed with the proposed subdivision be extended to the boundary of the property to provide the future development street access.

4.

Improvements to Existing Streets. When an existing city street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements to be made to the city street in compliance with the General Plan; provided they determine that the proposed subdivision will create the need for the improvements, or the subdivider otherwise agrees to the improvements.

5.

Length of Loop, Cul-de-sac and Other Dead-End Streets. The maximum length of a loop street shall be one thousand two hundred (1,200) feet. A proposed subdivision shall not be designed with a dead-end street having a length from the first intersecting through street greater than six hundred (600) feet, except for private roads. The maximum length of a private dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed eight hundred (800) feet, regardless of the number of parcels served. Maximum length shall be measured from the edge of the roadway surface at the intersection that begins the road, to the end of the road surface at its farthest point.

6.

Street Names. All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

D.

Private Roads. Private roads are allowed as provided in this section. Private roads shall not be permitted except where the council determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.

1.

Maintenance Requirements. Provisions satisfactory to the city attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of private roads and ownership of the street right-of-ways of any subdivision.

2.

Design and Improvement Standards. Private roads shall be designed and improved as set forth in subsections (B) and (C) of this section.

3.

Security and Conditions. The review authority may require any guarantees and conditions it deems necessary to carry out the provisions of this article pertaining to private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the parcel or tract map.

E.

Alternative Circulation Systems. Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the circulation element of the General Plan, the Parks and Recreation Master Plan or Bikeway Master Plan, as applicable, where the review authority determines that the alignment of these systems shown in the General Plan and/or any applicable specific plan can be feasibly accommodated within the subdivision, and that the system is needed because of the characteristics of the proposed subdivision.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.46.030 - Drainage and watercourses.

A.

Drainage Systems Required. Subdivisions shall be provided storm drainage facilities as required by this section, Chapter 17.48 and Chapter 17.20. Storm drain facilities to be dedicated to Los Angeles County Flood Control District shall instead comply with the standards of that agency.

1.

Performance and Capacity. Subdivisions shall be designed to provide drainage systems to carry storm run-off both tributary to and originating within the subdivision to approved points of discharge, determined to be necessary by the city engineer on the basis of information and recommendations provided by the engineer for the subdivider. Drainage facilities shall be designed pursuant to the current edition of the Los Angeles County Department of Public Works Hydrology Manual most recently adopted by the city engineer and available for review in the office of the city engineer. Drainage system design shall avoid unnatural concentrations of stormwater runoff and retain existing drainage courses wherever possible to avoid crosslot drainage.

2.

Culverts. The minimum diameter of a storm drain pipe placed beneath a public street shall be eighteen (18) inches. Pipes shall be made of reinforced concrete, and placed at the grade of the drainage channel whenever practical. Minimum allowable culvert grade shall be two percent under normal circumstances or where otherwise approved by the city engineer. Minimum allowable open ditch grade shall be one percent.

3.

Location of Facilities. Drainage facilities shall be located within a street right-of-way or within public drainage easements. Drainage facilities shall be installed prior to the issuance of building permits unless otherwise approved by the city engineer.

4.

Timing of Installation. Any drainage structures required for the individual parcels of a subdivision shall be installed at the same time as drainage structures within street rights-of-way and other subdivision improvements. Any drainage facilities to be transferred to Los Angeles County Flood Control district shall be designed to Los Angeles County Public Works standards.

5.

Interim Maintenance. All subdivision drainage facilities shall be maintained by the developer until accepted by the Los Angeles County Flood Control District.

B.

Drainage Easements. Required drainage systems shall be located within drainage easements delineated on the final map or parcel map, and the easements shall satisfy the following standards. Drainage easements to be dedicated to the Los Angeles County Flood Control District, shall instead comply with the standards of that agency.

1.

Offer of Dedication. Drainage easements shall be offered for dedication in a form acceptable to the city engineer.

2.

Alignment of Easements. The alignment of drainage easements shall conform to the meandering of the natural watercourse or to the alignment approved for the drainage system.

3.

Width of Easements.

a.

Natural Channels. A drainage easement for a natural channel is required where determined to be necessary by the city engineer. The width of drainage easements for natural channels shall be sufficient to include the one-hundred-year flood high water marks, plus five feet on either side, but in no case less than twenty (20) feet.

b.

Constructed Channels. The minimum width of any drainage easement for a closed conduit system shall be ten (10) feet and the minimum width for any open system shall be twenty (20) feet.

c.

Service Roads. For any conduit exceeding thirty (30) inches in diameter, or any open ditch with a top width exceeding twelve (12) feet, a twelve-foot service road shall be improved within the drainage easement.

4.

Natural Watercourses. Drainage easements shall be provided for all natural watercourses.

5.

Downstream Property. Where a subdivision causes an increase in and the unnatural concentration of surface waters onto adjacent private or public property, the subdivider shall obtain an easement for drainage purposes across the property of sufficient width and shall improve the easement in a manner adequate to convey the runoff to an approved point of disposal. If the owner(s) of the affected property agrees to accept the increased run-off concentration of surface water and the agreement has been recorded, an easement shall not be required.

(Ord. No. 2010-265, § 3, 1-27-2010)

The design of a subdivision for which a tentative and final map are required by this article shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act Section 66473.1.

(Ord. No. 2010-265, § 3, 1-27-2010)

New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Chapter 17.54.

(Ord. No. 2010-265, § 3, 1-27-2010)

Residential subdivisions shall be provided landscaping in the form of street trees on each proposed parcel, and landscaping with irrigation facilities for any common areas or other open space areas within the subdivision. The improvements may be deferred until the subdivided lots are developed through the provisions of Section 17.48.040.

(Ord. No. 2010-265, § 3, 1-27-2010)

The size, shape and arrangement of new parcels shall conform to the provisions of this section, or with any General Plan policy, applicable specific plan requirement, development code provision, or other Municipal Code provision applicable to a proposed subdivision.

A.

Minimum Lot Area. The minimum area for new parcels shall be as required by Article II except as otherwise provided by this section.

1.

Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Article II or the General Plan, the following shall be deducted from the gross area of any parcel:

a.

A vehicular or nonvehicular access easement through the lot;

b.

An easement for or relating to an open drainage course, whether a ditch, natural channel or floodway; or

c.

The "flag pole" (access strip) of a flag lot. (See subsection (B)(4) of this section.)

The area of an easement exclusively for constructing and maintaining construction slopes may be included when calculating lot area.

2.

Specific Minimum Lot Area Requirements—Small-Lot Projects. The minimum lot area requirements of Article II shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar small-lot projects intending individual lot ownership. However, the minimum lot area requirements of Article II shall apply to the creation of the original parcel or parcels that are the location of the small-lot project.

B.

Size and Shape. The size and shape of new parcels shall be as required by Article II, except as otherwise provided by the following.

1.

Lot Width. New parcels shall be designed to have a minimum width of fifty (50) feet; except that each parcel on a turnaround, cul-de-sac or curved street, where the side lot lines are diverging from the front to the rear of the parcel, shall have a minimum width of sixty (60) feet, or the width required by Article II, whichever is greater, measured at the front setback line required for the main building by Article II.

2.

Lot Depth. No new parcel shall have a depth less than eighty feet, or a depth greater than three times the average width of the lot when the lot has a width of less than two hundred fifty (250) feet.

3.

Exceptions. Parcels may be approved with a width and depth less than otherwise required by this section where:

a.

Located in the CT (Old Town) zoning district (Chapter 17.14), and authorized through the approval of a development plan (Section 17.62.070) in compliance with the Old Town Calabasas Master Plan and Design Guidelines;

b.

Located in the -OT and CH (Old Topanga/Highlands) overlay zoning districts (Section 17.18.020 and 17.18.025), and authorized through the approval of a development plan (Section 17.62.070); or

c.

Located in the - DP (Development Plan) overlay zoning district (Section 17.18.030) and authorized through the approval of a development plan (Section 17.62.070).

4.

Location of Lot Lines.

a.

Orientation to Streets. The side lot lines of all parcels shall be at right angles to the center line of the street, and radial or approximately radial to curved streets.

b.

City Limits. No parcel shall be designed so that it will be divided by the city's corporate boundary.

c.

Relationship to Easements. Parcels shall be designed so that lot lines conform to existing or planned easements unless the easements are relocated to conform to the proposed lot pattern.

5.

Flag Lots. Flag lots are generally discouraged unless they can improve the efficiency of land use, protect natural features, or implement provisions of the General Plan and Chapter 17.20. Where determined to be appropriate by the review authority, flag lots shall comply with the following requirements.

a.

Lot Design and Size. The main portion of the flag lot (not including the access strip, or "flag pole") shall satisfy the provisions of this section for length, depth, area and design. In no case shall the access strip be less than eighteen (18) feet in width nor

more than two hundred (200) feet in depth.

b.

Number of Housing Units Served. No tentative map shall be approved with more than four homes being provided access to a public street by means of a single flag access strip.

C.

Parcel and Block Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills, and the removal of significant vegetation.

1.

Double-Frontage Lots. Parcels with streets along both the front and rear lot lines shall be prohibited, except when necessitated by topographical or other physical conditions or where access from one of the roads is prohibited.

2.

Block Length. Blocks shall be no longer than one thousand two hundred (1,200) feet unless existing conditions warrant an exception (Section 17.40.040).

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

Survey monuments shall be set for all new subdivisions requiring a parcel map or final map by the engineer or surveyor, as set forth in this section. All monuments shall conform with the provisions of Article 9, Chapter 4 of the Map Act, the California Land Surveyors Act and the following standards:

A.

Location of Monuments. Permanent ferrous survey monuments shall be set in the following locations:

1.

At all angle points on the exterior boundary of the subdivision;

2.

At all lot corners and at the beginning and ending of all property line curves, except that in a subdivision creating parcels each with a gross area of twenty (20) acres or more, a permanent ferrous monument shall be set at the major parcel corners and at the intersection of all property lines with the side lines of all street easements;

3.

Swing ties points shall be provided at all locations where curves begin or end, at intersections, and as required by the Map Act. Swing ties sheets shall be provided to the city engineer on reproducible mylar film, on eighteen (18) by twenty-four (24) inch sheets;

4.

A permanent survey monument approved by the city engineer shall be set at the intersection of all street centerlines;

5.

If the exterior boundary of the subdivision or any lot or parcel line is at a location where setting a monument is impractical, a reference monument shall be set in a manner and location satisfactory to the city engineer;

All tract boundary corners shall be two-inch diameter pipe with cap and set in concrete;

7.

All bench marks set for the subdivision shall be recorded with the county of Los Angeles surveyor's office. Copies of bench marks that have been accepted and recorded shall be provided to the city engineer and noted on the final map.

B.

Timing of Monument Installation. The exterior boundary of the subdivision shall be completely monumented or referenced before the final map or parcel map is submitted to the city engineer for filing. Interior monuments need not be set at the time the final map or parcel map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the city a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act Section 66496.

C.

Cost Estimate and Bond Requirements. The cost of setting monuments shall be included in the engineer's estimate for improvements in compliance with Section 17.46.040. If requested, this amount of the bond may be released upon verification of the setting of monuments by the city engineer.

D.

Notice of Completion. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and the city engineer that the final monuments have been set. Verification of payment to the engineer or surveyor shall be filed as required by Article 9, Chapter 4 of the Map Act.

(Ord. No. 2010-265, § 3, 1-27-2010)

Public utilities including electricity, gas, water, sewer, telecommunications services, and storm drain shall be installed as part of the improvements within all subdivisions as provided by this section, and by Sections 17.46.100 and 17.46.120. The installation of utilities may be waived by the review authority through the exception process (Section 17.40.040) if the review authority finds not installing the utilities as part of the subdivision improvements to be in the public interest.

A.

Underground Utilities Required. Utilities in new subdivisions shall be installed underground, as follows:

1.

When Undergrounding is Required. All existing and proposed utility distribution facilities (including but not limited to electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision, except for equipment appurtenant to underground facilities, including surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, and concealed ducts.

The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation. The utilities shall be installed along the entire subdivision frontage unless waived by the city engineer. The review authority may waive the requirements of this section if topographical, soil or any other conditions make underground installation unreasonable or impractical.

2.

Location of Installation. Underground utility lines may be installed within street rights-of-way or along any lot line. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within

the street right-of-way, shall be subject to the approval of the city engineer.

3.

Timing of Installation. All underground utilities, water lines, sanitary sewers and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

B.

Utility Easements.

1.

Minimum Width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems, shall be as determined by the review authority based on the recommendations of the city engineer for city facilities, and the recommendations of the applicable utility company, for public or private utilities.

2.

Overhead Lines. Easements for overhead utility lines shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley or easement designated exclusively for drainage purposes.

(Ord. No. 2010-265, § 3, 1-27-2010)

A proposed subdivision shall be designed to provide for connection to the city's sewage collection, treatment and disposal system, where available as determined by the city engineer. If any part of the system is to be installed within a street right-ofway, the system location and construction specifications shall be subject to the approval of the city engineer. Sewage lines shall be installed as part of the improvements within all subdivisions and shall be dedicated to the city or other public agency. Installation shall be governed by Chapter 17.48 requirements, the current edition of the Los Angeles County Private Contract Sanitary Sewer Procedural Manual, most recently adopted by the city engineer and available for review in the office of the city engineer. When applicable, installations shall also be governed by the Las Virgenes Municipal Water District Standard Plans and Specifications for the Construction of Water Mains and Facilities, most recently adopted by the city engineer and available for review in the office of the city engineer.

(Ord. No. 2010-265, § 3, 1-27-2010)

A proposed subdivision shall incorporate street lighting facilities determined by the review authority to be consistent with the character of the area, and the needs of public safety, and designed and constructed to the standards established by the applicable lighting district, or the city engineer.

(Ord. No. 2010-265, § 3, 1-27-2010)

Water mains and services shall be installed to serve each lot in a proposed subdivision and connected to the facilities of the Las Virgenes Municipal Water District. These installations will require a separate permit issued by the Las Virgenes Municipal Water District. If any part of the water system is to be installed within a street right-of-way, the system location, including valve boxes, meter boxes, and fire hydrants and the system construction specifications shall be subject to the approval of the city engineer, and the location of fire hydrants shall also be approved by the Los Angeles County fire department.

(Ord. No. 2010-265, § 3, 1-27-2010)