El Segundo Municipal Code Ch. 1 General Provisions; Definitions

The purpose of this title is to regulate and control the design and improvement of subdivisions in conformance with the California Government Code. State law allows cities to not only adopt local standards applicable to their jurisdictions, but also requires adoption of provisions which reflect existing state law. This title is therefore intended to highlight significant local provisions which will be useful for the citizens of El Segundo and future developers. However, all the provisions of this title shall not be construed as the only requirements for subdivisions, but are intended to be used in conjunction with the applicable provisions of state law and, as such, shall not supersede those provisions. (Ord. 1212, 11-16-1993)

The following words and phrases shall have the meanings respectively ascribed to them:

ADVISORY AGENCY: A designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps. The city has charged the planning commission with this role.

SUBDIVIDER: A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities acting in such capacity are not "subdividers".

SUBDIVISION: The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights of way. "Subdivision" includes a "condominium project", as defined in section 1351 of the California Civil Code, a "community apartment project", as defined in section 11004 of the California Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a "stock cooperative", as defined in section 11003.2 of the California Business and Professions Code. As used in this section "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

VESTING TENTATIVE MAP: A tentative map which has been filed, processed and approved in accordance with the vesting tentative map statute, and this chapter, and which has printed conspicuously on its face the words "Vesting Tentative Map". (Ord. 1212, 11-16-1993; amd. 2000 Code)

A. Filing And Recording: A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the subdivision map act 1 except for subdivisions created by short term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right of way of a "railroad corporation" defined as such by section 230 of the California Public Utilities Code; provided, however, that upon a showing made to the director of community development, based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply.

B. Requirements: Such maps shall meet all the requirements of the subdivision map act, and of this title. Each such parcel map shall show all dedications or offers of dedication thereon and the director of public works may require in addition or substitution thereof at the director of public work's option, such dedication or offers of dedication to be made by deed. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18- 2000; Ord. 1639, 9-20-2022)

A. Map Filing: Tentative maps, including vesting tentative maps, shall be filed with the director of community development in accordance with city requirements and the California Government Code.

B. Public Hearing: The planning commission shall hold a public hearing on the tentative map and tentative parcel map, and notice thereof shall be given as provided in subsections C and D of this section, consistent with sections 65090 and 65091 of the California Government Code. Any interested person may appear at such a hearing and shall be heard. The planning commission is empowered to approve, conditionally approve, or disapprove tentative maps and tentative parcel maps.

C. Hearing Notice: Whenever a public hearing is held pursuant to this title, notice of the time and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or diagram of the location of the property, if any, shall be provided. This notice shall be given by at least one publication in a newspaper of general circulation in the city, not less than ten (10) days before the date of the public hearing.

D. Public Hearing Notification: The public hearing notice shall also be mailed or delivered to the following people/entities at least ten (10) days prior to the hearing:

1. Either the owner of the subject real property or the owner's duly authorized agent;

2. The project applicant;

3. Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; and

4. All owners of real property as shown on the latest equalized assessment roll within three hundred feet (300') of the real property that is the subject of the hearing.

E. Residential ten (10)-lot subdivision: Notwithstanding the above, residential subdivision requests for up to ten (10) lots must be approved by the Community Development Director if said subdivision requests comply with the provisions and applicable requirements specified in ESMC Chapter 15-4 (Residential Zones) and Government Code section 66499.41. No public hearing or public hearing notification shall be required.

(Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022; Ord. 1657, 5-7-2024)

Every person submitting a tentative map shall pay a processing fee established by resolution of the city council. (Ord. 1334, 4-17-2001)

The planning commission shall deny approval of a tentative map, vesting tentative map or a parcel map for which a tentative map was not required, if it makes any of the following findings consistent with section 66474 of the California Government Code:

A. That the proposed map is not consistent with applicable general and specific plans as specified in section 65451 of the California Government Code.

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

C. That the site is not physically suitable for the type of development.

D. That the site is not physically suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. That the design of the subdivision or type of improvements are likely to cause serious public health problems.

G. That the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. (Ord. 1245, 2-6-1996)

Upon approval of a tentative map or parcel map, the city shall determine whether to apply the following conditions:

A. Waiver Of Direct Access Rights: The planning commission may, if applicable, impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting said street.

B. Dedication Of Parcels For Public Ways: The planning commission shall require the subdivider to dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights, drainage, public utility easements, and other public easements. The subdivider shall also improve or agree to improve all streets, alleys, including access rights, drainage, public utility easements and other public easements.

C. Install Improvements: The subdivider may be required to install improvements which contain additional size, capacity or number for the benefit of property not within the subdivision. However, the subdivider shall be reimbursed for this additional size, capacity or number in a manner prescribed by the city.

D. Reimbursement For Facilities: If a local drainage or sanitary sewer plan or map has been adopted requiring payment of fees or has established an area of benefit for bridges or major thoroughfares, the city may impose and collect a reasonable charge on property within the area benefited. The city may enter into reimbursement agreements with a subdivider to reimburse said subdivider for the cost of said facilities.

E. Soils Report: A preliminary soils report, prepared by a civil engineer registered in the state in accordance with section 14-1-9 of this chapter and based upon adequate test borings, shall be submitted to the director of community development for every subdivision. A preliminary soils report may be waived by the director of community development, provided the director of community development finds that due to the knowledge the city has as to qualities of the soils in the subdivision, no preliminary analysis is necessary.

F. Grading And Erosion Control: Every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property set forth in this code.

G. Fees: Development-related fees, intended to offset the cost of providing both map checking and other required public services, may be applied as warranted by the type and size of the subdivision.

H. Local Transit Facilities:

1. A requirement may be imposed for the dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision consistent with section 66475.2 of the California Government Code if:

a. The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the adopted general plan or contains one hundred (100) acres or more; and

b. The City Council finds that transit services are or will within a reasonable time period be made available to such subdivision.

2. The provisions of this Section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old and when no new dwelling units are added.

I. Park And Recreation Areas:

1. A requirement may be imposed to reserve those areas of real property within the subdivision for use as parks, recreational facilities, fire stations, libraries or other public uses, subject to the following conditions:

a. The requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards.

b. An ordinance has been in effect for a period of at least thirty (30) days prior to the filing of the tentative map.

c. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

d. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

2. In the event the reserved area is not acquired within the prescribed period, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

All appeals of the Planning Commission and necessary actions shall be prepared consistent with Title 15, Chapter 25 of this Code. (Ord. 1212, 11-16-1993)

A. Expansive Soils: If the City has knowledge of, or the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Director of Community Development prior to approval of the final map or parcel map. The soils report shall be prepared in accordance with the latest edition of the Uniform Building Code. Such soils investigation shall be done by a civil engineer registered in this State, who shall recommend the appropriate corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist consistent with section 66491 of the California Government Code.

B. Deleterious Chemicals: If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as, but not limited to, concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required.

C. Recommended Action: The Planning Commission may approve a subdivision which has soils problems if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and the recommended action can be incorporated into the construction of each structure. (Ord. 1212, 11-16-1993; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

A. Options; Approval:

1. Options: Whenever the City requires the furnishing of security in connection with the performance of any act or agreement, the security shall be one of the following at the option of and subject to the approval of the City Engineer and consistent with section 66499 of the California Government Code:

a. Bond or bonds by one or more duly authorized corporate sureties.

b. A deposit, either with the City or a responsible escrow agent or trust company, money or negotiable bonds of the kind approved for securing deposits of public monies.

c. An irrevocable instrument of credit from: 1) an agency of the State, Federal, or local government when any agency of the State, Federal or local government provides at least twenty percent (20%) of the financing for the portion of the act; or an agreement requiring security; or 2) one or more financial institutions subject to regulation by the State or Federal Government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution.

d. A lien upon the property to be divided, created by contract between the owner and the City, provided the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two (2) years after the recordation of the map.

e. Any form of security, including security interests in real property, which is acceptable to the City and specified by ordinance thereof.

2. Recording:

a. Any contract or security interest in real property entered into as security for performance pursuant to subsection A1d or A1e of this Section, shall be recorded with the County Recorder. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the City.

b. The City Engineer may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances, provided:

(1) He determines that security for performance is sufficiently secured by a lien on other property; or

(2) That the release or subordination of the lien will not jeopardize the completion of agreed upon improvements.

B. Amount:

1. Types Of Security: All of the following types of improvement security shall be provided:

a. One hundred percent (100%) of the total estimated cost of the improvement, which shall include all design, construction, and construction engineering (including 10 percent) or act to be performed conditioned upon the faithful performance of the act or agreement;

b. One hundred percent (100%) of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act; and

c. Twenty percent (20%) of total estimated cost of improvements necessary to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done, or defective materials furnished.

2. Additional Amount: If the improvement security is furnished by a duly authorized corporate surety, an additional amount beyond that described above shall be included as determined by the City Engineer as necessary to cover the cost and reasonable expenses and fees, which may be incurred by the City to enforce the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

C. Release: The improvement security required hereunder shall be released in the following manner:

1. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection C2 of this Section.

2. City staff may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider; provided, however, that no such release shall be for an amount less than ten percent (10%) of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than fifty percent (50%) of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this Title, the Subdivision Map Act or the improvement agreement.

3. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, within six (6) months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims filed and which notice has been given to the legislative body. An additional amount determined by the City Council may be required to assure the performance of any other obligations secured by the City. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

4. No security given for the guaranty or warranty of work shall be released prior to the identified expiration period thereof.

D. Forfeiture: Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the City Council may determine that the subdivider is in default and cause the improvement security or such portion thereof as is necessary to complete the work or act and any other secured obligations of the subdivider to be forfeited to the City. Prior to such determination, the City shall either serve written notice upon the person responsible for the performance ten (10) days prior to City Council action, or by registered mail twenty (20) days prior to City Council action. (Ord. 1212, 11-16-1993)

A. Public Hearing: No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held by the City Council in accordance with the provisions of Section 14-1-4 of this Chapter and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

B. Notice Of Hearing: In addition to the notice required by Section 14-1-4 of this Chapter, written notice of the hearing shall be provided to:

1. The subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role.

2. The potential users of the supplemental improvements as can be ascertained at the time.

C. Notice To Engineer: Such notice shall be mailed by the city engineer at least ten (10) days prior to the date established for hearing. (Ord. 1212, 11-16-1993)

A. Expiration: The approval or conditional approval of a tentative map or tentative parcel map expires twenty four (24) months after the date the map was first approved or conditionally approved.

B. Extension Or Stay: The person filing the tentative map may request an extension, pursuant to Government Code section 66452.6(e), or stay, pursuant to Government Code section 66452.6(c), of an approved tentative map by filing a written application with the director of community development, before the map's expiration date. The application must state the reasons for requesting the extension or stay. The planning commission will either approve, conditionally approve or deny extension requests. Within forty (40) days after receiving an application for a stay, the planning commission must either approve the requested stay for a period not exceeding five (5) years or deny the application.

C. Time Limit On Extensions And Stays: Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one year from the anniversary date of the map's original approval. The total time of extensions cannot exceed five (5) years. The stay may be for the period of time during which a lawsuit involving the tentative map is or was pending in a court of competent jurisdiction, not to exceed five (5) years. The ultimate length of the extension or stay must be consistent with the subdivision map act (Government Code sections 66410 through 66499.58).

D. Effect Of Map Modification On Extension Or Stay: Modifications of a tentative map after approval or conditional approval cannot extend the time limits imposed by this section, unless an extension or stay is specifically granted.

E. Hearings, Notices, Fees And Appeals On Map Extensions And Stays: Title 15, chapters 25, "Appeal Or Review", and 27, "Hearings, Notices And Fees", of this code govern with respect to extension and stay requests made pursuant to this section. (Ord. 1371, 2-3-2004; amd. Ord. 1639, 9-20-2022)

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in section 8771 of the California Business and Professions Code, so that another engineer or surveyor may readily retrace the survey. The engineer or surveyor shall also set the following additional monuments:

A. Boundaries:

1. Boundary monuments at or near boundary corners and at intermediate points, approximately one thousand feet (1,000') apart or at such lesser distances as may be necessary to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position of each such monument shall be shown on the final map. Such durable monument shall be not less substantial than an iron pipe of a two inch (2") outside diameter, not less than two and one-half feet (21/2') in length, with plug and tack, and set at least two feet (2') into the ground or as may be approved by the city engineer. For the purposes of this title, a lead and tack set in permanent concrete or masonry shall be considered a durable monument.

2. The approximate elevation of the top of each monument with respect to the surface of the ground shall be shown on the final map.

B. Setting Monuments:

1. Street centerline monuments shall be set to mark the intersections of streets, intersections of streets with the map boundary, or to mark either the beginning and end of curves or the points of intersection with tangents or other intermediate points.

2. Each monument shall be durable and substantial and conform to the standards established by the city engineer.

3. For each centerline intersection monument set, the engineer or surveyor shall furnish to the city engineer a set of notes showing clearly the ties between such monument and a sufficient number (normally 4) of durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two inch by two inch (2" x 2") stakes set back of the curb line and below the surface of the ground, or such substitute as appears to be not more likely to be disturbed.

4. Such act 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.

5. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map. (Ord. 1212, 11-16-1993)

Conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall comply with all provisions of state law, including sections 66427.1 and 66452.51 of the California Government Code. (Ord. 1212, 11-16-1993)