Cudahy Municipal Code Ch. 19.04 Adoption of Title 21 of the Los Angeles County Code

Except as hereinafter amended, Title 21 of the Los Angeles County Code, entitled “Subdivisions,” as that title was effective on December 1, 1990, is hereby adopted by reference as the subdivision ordinance of the city of Cudahy and may be cited as such.

Three copies of Title 21 of the Los Angeles County Code are on deposit in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public. References to section numbers and amendments to this title are declared to be references to the section numbers contained in Title 21 of the Los Angeles County Code. (Ord. 428 § 1. 2002 Code § 19-1.1).

Whenever any of the following terms are used in Title 21 of the Los Angeles County Code, each such name or term shall be deemed or construed to have the meaning indicated below, unless the context requires otherwise:

(1) “County,” “county of Los Angeles,” “Los Angeles County,” and “unincorporated territory of the county of Los Angeles” shall mean the city of Cudahy.

(2) “Board of supervisors” shall mean the city council of the city of Cudahy.

(3) “County engineer” shall mean the city engineer of the city of Cudahy.

(4) “Planning director” and “planning director of the regional planning commission” shall mean the director of community development of the city of Cudahy.

(5) “Regional planning commission” shall mean the planning commission of the city of Cudahy.

(6) “Title 22 of this code” shall mean CMC Title 20. (Ord. 459 § 2; Ord. 428 § 1. 2002 Code § 19-1.2).

(1) Every person who violates any of the provisions of the subdivision ordinance of the city of Cudahy shall be guilty of a misdemeanor and may be punished as provided in CMC 1.36.010(1).

(2) A person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of the subdivision ordinance of the city of Cudahy is committed, continued, or permitted by such person and may be punished accordingly. (Ord. 428 § 1. 2002 Code § 19-1.3).

Notwithstanding the provisions of CMC 19.04.010, Chapter 21.12 of Title 21 of the Los Angeles County Code is hereby deleted from the subdivision ordinance of the city of Cudahy. (Ord. 428 § 1. 2002 Code § 19-1.4).

The director of community development of the city of Cudahy shall review tentative maps, final maps, parcel maps, and vesting tentative maps. The director may consult with other officials who may possess relevant expertise, including but not limited to the city engineer, the director of building and public services, the county road commissioner and public health officer, the director of community services, the chief engineer of the Los Angeles County flood control district, and the county forester and fire warden. The director shall report his or her recommendations in writing to the planning commission. (Ord. 428 § 1. 2002 Code § 19-1.5).

Notwithstanding the provisions of CMC 19.04.010, Chapter 21.38 of Title 21 of the Los Angeles County Code is hereby deleted from the subdivision ordinance of the city of Cudahy. (Ord. 428 § 1. 2002 Code § 19-1.6).

(1) Purpose and Intent. The purpose of this section is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this section, the provisions of this chapter shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and subsection (3) of this section.

(2) Consistency Requirement. The approval of a vesting tentative map shall be consistent with the general plan, any applicable specific plan, the zoning ordinance, and any other applicable provision of this code in effect at the time provided by subsection (9)(a) of this section.

(3) Definition of Vesting Tentative Map. As used in this title, a “vesting tentative map” shall mean a tentative map for a subdivision, as defined in this title, that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with subsection (4) of this section, and is thereafter processed in accordance with the provisions of this section and the Subdivision Map Act.

(4) Application.

(a) Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map or tentative parcel map for a subdivision, a vesting tentative map may instead be filed, in accordance with the provisions of this section.

(b) If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Government Code and this section, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(5) Filing and Processing. A vesting tentative map shall be filed in the same form, have the same contents, and provide the same information and shall be processed in the same manner as set forth in this title for a tentative map except as hereinafter provided:

(a) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(b) The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements.

(c) A vesting tentative map shall not be accepted for filing unless all other discretionary land use approvals required for the proposed development have been obtained or applications therefor are filed concurrently with such map.

(d) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time of filing, such inconsistency shall be noted on the map.

(6) Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required for the filing and processing of a tentative map.

(7) Condition Precedent to Approval. A vesting tentative map shall not be approved unless all other discretionary land use approvals required for the proposed development have been obtained.

(8) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map.

(9) Vested Rights Created by Approval of Vesting Tentative Map.

(a) Subject to the time limits established by subsection (9)(c) of this section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved subject to the time limits established by subsection (9)(c) of this section.

(b) Notwithstanding subsection (9)(a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied even though such action may be contrary to the ordinances, policies, and standards described in subsection (9)(a) of this section if any of the following are determined:

(i) A failure to do so would place any residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(ii) The condition or denial is required in order to comply with the state or federal law.

(c) The rights referred to in subsection (9)(a) of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection (8) of this section. If the final map is timely approved, such rights shall exist for the following periods of time:

(i) An initial time period of one year after the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(ii) The initial time period set forth in subsection (9)(b) of this section shall be automatically extended by any time used for processing a complete application for a grading permit if such processing exceeds 30 days from the date a complete application is filed.

(iii) The subdivider may apply to the planning commission for a one-year extension at any time before the expiration of the initial time period set forth in subsection (9)(c) of this section. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days thereafter.

(iv) If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (9)(a) through (c) of this section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof.

(10) Amendment to Vesting Tentative Map. Any time prior to the expiration of a vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to such map. A public hearing shall be held by the planning commission on any amendment involving a substantial modification to the subject subdivision or development related thereto. The planning commission may approve, conditionally approve or disapprove the proposed amendment. The decision by the planning commission on the requested amendment shall be appealable to the city council in the manner provided by Chapter 21.56 of Title 21 of the Los Angeles County Code as that Chapter 21.56 was effective on December 1, 1990.

(11) Applications Inconsistent with Established Policies. Notwithstanding any provision of this section, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsection (9)(a) of this section, and the city may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law.

(12) Subsequent Permits, Licenses, and Other Entitlements for Use. The provisions of this section shall not be construed to prevent the city from conditionally approving or denying any permit, license, or other entitlement for use which is applied for by the subdivider after the approval of a vesting tentative map, provided such conditional approval or denial is made in accordance with the ordinances, policies and standards described in subsection (9)(a) of this section. (Ord. 428 § 1. 2002 Code § 19-1.7).

Tentative tract map, parcel map, and other subdivision approvals under this title shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan as approved November 30, 1989, relating to siting and siting criteria for hazardous waste facilities. (Ord. 428 § 1. 2002 Code § 19-1.8).

Notwithstanding the provisions of CMC 19.04.010, subsection (A) of Section 21.28.140 of Title 21 of the Los Angeles County Code is hereby deleted from the subdivision ordinance of the city of Cudahy. A new subsection (A) of Section 21.28.140 is hereby added to the subdivision ordinance of the city of Cudahy to read as follows:

a. If all or any of the local park space obligation for a residential subdivision is not satisfied by the provision of local park space designated by the advisory agency pursuant to Section 21.24.350, the following park fees shall be paid as a condition precedent to final approval of the subdivision:

1. A base fee equal to the local park space obligation derived from the equation set forth in Section 21.24.340, less the amount of park space, if any, provided by the subdivider pursuant to Section 21.24.350, times the median fair market value per acre of the land in public parks of three (3) or more acres in the multi-family residential (R-3) zone within the City if such land were not used for or zoned for park or recreational purposes. An additional fee, equalling fifty percent (50%) of the base fee, shall also be assessed for park and recreational facility development.

2. The fair market value of the land in such public parks shall be determined at the subdivider’s expense by a qualified real estate appraiser selected by the City for such appraisal. Such appraisal shall exclude improvements. Alternatively, and with the approval of the advisory agency, the subdivider may rely upon any appraisal previously used by the City for purposes of this section.

(Ord. 459 § 1. 2002 Code § 19-1.9).