Chapter 28

LAND SUBDIVISION

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City of Compton, CA

COMPTON

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City of Compton, CA

LAND SUBDIVISION

§ 28-1.2

The Planning Commission is hereby designated as the Advisory Agency as that term is used in the Subdivision Map Act. The Planning Commission shall make reports, investigations, and recommendations on the design and improvement of proposed divisions of land.

PERSON — Shall mean any individual, corporation, company, firm, association, partnership, joint venture, joint stock company, receiver, syndicate, club, estate, business trust, the United States government, any State, County, City, district, or other political subdivision, or any other group or combination acting as a unit.

PLANNING DIRECTOR — Shall mean the Planning Director of the City.

RESUBDIVISION — Shall mean any portion of a subdivision designated as a lot or as contiguous lots on a final map or parcel map filed in compliance with the provisions of subsection 27-1.5 of this Chapter in the office of the County Recorder which subdivision is divided or realigned for the purpose of sale, lease, or financing, whether immediate or future.

SECTION — Shall mean a section of this Chapter unless otherwise specified.

SHALL — Shall be mandatory.

STREET — Shall mean a right-of-way designed primarily to provide access to abutting properties.

STREET PLAN — Shall mean the Street Plan of the City.

SUBDIVIDER — Shall mean a person who causes real property to be divided into a division of land for himself or for others, or who submits a tentative, final, or parcel map for approval, or who requests a certificate of exception.

SUBDIVISION — Shall mean any real property, improved or unimproved, or portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which property is divided for the purpose of sale, lease, rent, or lien, whether immediate or future; provided, however, the provisions of this Chapter shall not apply to the leasing or renting of apartments, offices, stores, or similar space within an apartment building, commercial building, or industrial building. "Subdivision" shall not include any land dedicated for cemetery purposes pursuant to the provisions of the Health and Safety Code of the State.

SUBDIVISION MAP ACT — Shall mean Chapter 2, Part 2, Division 4 of the Business and Professions Code of the State.

SUBSECTION — Shall mean a division of a section of this Chapter.

TENTATIVE MAP — Shall mean a preliminary plan of a proposed division of land prepared in accordance with the provisions of this Chapter and the Subdivision Map Act.

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Net Density at Which Land May or Will be Percentage of Gross Area To Be Dedicated
Developed
10 through 14 dwelling units per acre 5.3%
15 through 20 dwelling units per acre 7.4%
21 through 27 dwelling units per acre 9.7%
28 or more dwelling units per acre 12.3%
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The Planning Commission shall require the subdivider to dedicate land in accordance with the table set forth in this subsection, based on the maximum density permitted within the zone wherein the land to be subdivided is located.

EXCEPTION: Where a subdivider proposes to develop land at less than the maximum density permitted for the zone and has executed and recorded in the office of the County Recorder a covenant running with the land, binding upon all the future owners thereof, that such land shall not be developed in such a manner as to create a higher density than that proposed, the Planning Commission shall base the required dedication upon the proposed density. Any covenant executed in accordance with this exception shall be approved by the Planning Commission prior to its recordation.

The Planning Commission may, on its own initiative or upon a request by the subdivider, require fees in lieu of the dedication of land. The amount of such fees shall be equal to the fair market value of the land otherwise required to be dedicated. "Fair market value," as used in this section, shall mean:

• a. The average square foot costs of the land within the subdivision based on the assessed value of the land, modified to equal market value in accordance with the current practice of the County Assessor, multiplied by the number of square feet which would otherwise have been dedicated; or

• b. If, after a sufficient showing, the assessed valuation, as modified, in all probability does not substantially reflect the current market value of the land within the subdivision, the Commission may approve fair market value to mean appraised value, which appraisal shall be prepared by a qualified real estate appraiser who is approved by the Planning Commission employed by the subdivider at his own expense.

The fees required by the provisions of this subsection shall be used only for the purpose of developing park and recreational facilities.

In subdivisions containing 50 lots or less, only the payment of fees may be required.

Land dedicated for park and recreational facilities may be used for another purpose, provided that, City Council commits an amount equal to the required in lieu of fee for park and recreational facilities in order to meet the expanded needs due to the subdivision development.

Any dedicated land shall be developed and any in lieu of fees shall be allocated as City Council determines the need to arise, provided that dedicated land shall be developed within 10 years, and in lieu fees shall be allocated within 10 years.

The Planning Commission may recommend and the Council may waive the requirements of this subsection for subdivisions filed in conjunction with planned residential developments in which open space is provided and owned jointly by the residents of the development.

The provisions of this subsection shall not apply to minor land divisions.

• c. That the lots having a reduced area will be compatible in design to adjacent facing and siding lots of abutting development; and

• d. That all lots which are not reduced in area comply with the provisions of paragraph a of subsection 28-5.1.

The Planning Commission may recommend approval and the Council may approve a tentative map of a division of land which does not comply in all respects with the requirements of Sections 28-4 and 28-5 if lots in the division of land are for lease only, and, because of the situation and development or proposed development of the division of land and surrounding property, approval of the tentative map would not be detrimental to the public welfare or property of other persons in the vicinity thereof.

There shall appear on the tentative map and on the final map or parcel map letters not less than 1/2 inch in height stating "Division of Land for Purpose of Lease Only" if the Planning Commission and Council so approve.

A person shall not sell, mortgage, or place a deed of trust or other lien upon any lot or other parcel in such division of land, or offer or contract to do so, unless such transaction would be in full compliance with all the provisions of this Chapter and the Subdivision Map Act had such final map or such parcel map not been filed.

The filing of such final map or of such parcel map shall authorize the leasing of any lot shown upon such map.

Except that the lots in a division of land for lease only need not comply with the provisions of subsections 28-5.1 through 28-5.7, the provisions of this section shall not modify in any way any requirements of Chapter 30, Zoning, or any other ordinance or law as to area or width requirements.

Notwithstanding any provisions of this Chapter to the contrary, any land subject to the terms and provisions of the Compton Flood Plain Management Ordinance (Section 14-10 et seq.) shall be subject to the following standards for subdivisions:

• a. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

• b. All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Flood Plain Administrator.

• c. All subdivision proposals shall be consistent with the need to minimize flood damage.

• d. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

• e. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

1. In asphaltic concrete or cement concrete pavements, a lead and tack;

   2. In unsurfaced graveled or oiled surfaces, a two inch iron pipe set not less than 12 inches below the surface or at such depth as may be approved by the City Engineer; or

   3. In bituminous macadam, a spike not less than six inches long.

• c. Notes to Be Furnished. For each center line intersection monument set the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes showing clearly the ties between such monument and a sufficient number (normally four) of durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or stakes set back of the curb line and below the surface of the ground or such substitute therefor as appears to be not more likely to be disturbed. Such sets of notes shall be of such quality, form, and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public records of his office.

• d. Identification Marks. All monuments set as required in this section shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

• e. Deferment. All boundary monuments shall be set prior to filing the final map unless extensive grading operations or improvement work makes it impractical to set monuments. In the event any or all of the boundary monuments required are to be set subsequent to filing of the final map, the engineer or surveyor making the survey shall furnish evidence acceptable to the engineer prior to submitting his final map to substantiate his reasons for deferring the setting of permanent monuments until after filing of the final map. If the setting of boundary monuments is deferred, field notes showing the boundary survey shall be presented to the City Engineer at the time the final map is submitted for checking. Interior street center line monuments may be set subsequent to filing of the final map. The final map shall show which monuments are in place and which are to be set. Prior to approval of the final map by the City Engineer, the subdivider shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time and that the notes required by subsection c of this section will be furnished within the specified time.

• f. Inspections and Approval. All monuments shall be subject to inspection and approval of the City Engineer in conjunction with his checking of the map.

• d. The source of domestic potable water supply for each parcel; and

• e. A clear statement of the proposed use of the property.

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

Tentative minor land division maps shall be processed and acted upon in accordance with the provisions of section 28-3.