Hawaiian Gardens Municipal Code Ch. 17.04 Subdivision Ordinance

Ordinance No. 4478 of the County of Los Angeles, being the subdivision ordinance of said County, as amended through December 22, 2004, and/or as it may be amended from time to time by the County of Los Angeles, is hereby adopted by reference as the subdivision ordinance of the City of Hawaiian Gardens.

(Ord. 502 § 1, 2005; Ord. 179 § 1, 1975; Ord. 23 § 1, 1964)

The following references found in the County subdivision ordinance shall have the meanings set forth below when said ordinance is applied in the City:

Director of Planning means the Director of Planning of the City.

Regional Planning Commission means the Planning Commission of the City.

Board of Supervisors means the City Council.

Subdivision Committee of Title 21 of the Los Angeles County Code shall have no application in the City and all functions of the Committee shall be performed by the Director of Planning or the Planning Commission consistent with the provisions of the Subdivision Map Act and the County subdivision ordinance.

Fees shall be as set forth in the County subdivision ordinance and may be amended from time to time by the City Council by ordinance or resolution.

(Ord. 502 § 2, 2005; Ord. 179 § 2, 1975)

Section 320.6 is added to the subdivision ordinance to read as follows:

"320.6. LOT LINE ADJUSTMENTS. Notwithstanding any other provisions set forth in this chapter, the following provisions shall exclusively govern a parcel map waiver for property line adjustments:

"(a) Definitions. Whenever used in this chapter, each of the following terms shall have the meaning ascribed to it in this section:

"(1) 'Lot line adjustment' or 'property line adjustment' means any change in the existing lot line between two or more existing adjacent parcels pursuant to Section 66412 (d) of the Government Code where the land, in total, taken from one parcel and added to an adjacent parcel, does not exceed 20% of the gross area of the parcel from which it is taken and where the change in lot line does not result in any increase in the number of parcels of land which originally existed.

"(2) 'Building' means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

"(3) 'Advisory agency' for purposes of lot line adjustments means the planning commission of the city.

"(b) Eligibility for Waiver. The planning commission and, upon any appeal, the city council, may waive the requirement for a parcel map for a lot line adjustment, in accordance with the procedures set forth in Sections 320, et seq., of this chapter, if one or more of the following conditions are met:

"(1) Each parcel involved in the lot line adjustment is improved with a building at the time of approval;

"(2) Each parcel involved in the lot line adjustment has been created by subdivision in accordance with the provisions of Sections 66410, et seq., of the Government Code and Chapter 17.04 of the Municipal Code; or

"(3) The lot line adjustment results from the elimination of all or any portion of a utility easement or public right-of-way.

"(c) Findings. In addition to the findings set forth in Section 320.4, the planning commission and, upon any appeal, the city council, shall find each of the following prior to approving a request for a parcel map waiver for lot line adjustment:

"(1) That the lot line adjustment will not cause an increased burden on public services;

"(2) That the lot line adjustment will not detrimentally affect property adjacent to the parcels subject to the lot line adjustment;

"(3) That the parcels subject to lot line adjustment are eligible for certificates of compliance, in accordance with Section 66499.35 of the Government Code; and

"(4) That following approval of a lot line adjustment, all resulting parcels will meet all requirements of the Municipal Code or will be legally non-conforming therewith.

"(d) Appeals. Any interested party may appeal to the city council the decision of the planning commission with respect to a request for a parcel map waiver for a lot line adjustment. Any appeal shall be submitted and acted upon in the manner prescribed for appeals in Chapter 6, Article III of the city zoning ordinance.

"(e) Certificates of Compliance. If the request for parcel map waiver for a lot line adjustment is approved, the applicant shall cause to be filed for record with the County Recorder certificates of compliance containing the descriptions of the parcels as they will exist after the lot line adjustment, in accordance with Section 66499.35 of the Government Code, and subject to prior approval of such certificates by the city engineer.

"(f) Fees. The fees for an application for parcel map waiver for a lot line adjustment shall be established by resolution of the city council."

(Ord. 269 § 1, 1983)

Section 6.1 of the subdivision ordinance is deleted in its entirety, and a new Section 6.1 is added to read as follows:

"Sec. 6.1. FINAL DETERMINATION BY CITY COUNCIL. Notwithstanding any provision to the contrary herein, the Planning Commission shall conduct a public hearing and shall submit a written report concerning each application for a tentative tract map or a parcel map to the City Council within fifty (50) days following the filing of an application with the director of planning. The Planning Commission shall act as the lead agency for the purpose of completing any environmental review of the proposed tract map or parcel map, including the certification of any required environmental impact report, required by the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. If an environmental impact report is prepared for the tentative tract map or parcel map, the fifty (50) day period specified herein shall not be applicable, and the Planning Commission shall render its written report to the City Council within forty-five (45) days following certification of an environmental impact report.

"At its next regular meeting following receipt of a written report from the Planning Commission, the City Council shall set a date for a public hearing concerning the tentative tract map or parcel map. The public hearing shall be conducted within thirty (30) days thereafter, and the City Council shall approve, conditionally approve, or disapprove the tentative map or parcel map within such thirty (30) day period."

(Ord. 281 § 1, 1984)

Section 98.1 of the subdivision ordinance is deleted in its entirety, and a new Section 98.1 is added to read as follows:

"Sec. 98.1. DURATION OF APPROVAL. An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. Upon application by a subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the City Council for a period or periods not exceeding a total of three (3) years. The time periods set forth herein shall not include any period during which a development moratorium is in existence or a lawsuit has been filed, in accordance with Government Code Section 66452.6."

(Ord. 281 § 2, 1984)