La Verne Municipal Code Ch. 16.12 Parcel Maps

A. Submittal Requirements. Application for a division of land into four or fewer parcels shall be submitted to the community development department and shall contain at a minimum all items prescribed on the standard checklist for such applications as is kept on file in the office of the community development department, including, but not limited to, the following items consistent with Section 66428 of the Subdivision Map Act:

1. A legal description of the whole parcel proposed to be divided;

2. Map of the division, called a tentative parcel map, as provided in this title, the city to determine the number of copies to be submitted;

3. A statement that the applicant is the owner or is legally empowered to act for the owner of the property for which the application is filed; and

4. An application of such form and contents as may be determined from time to time by the community development director.

B. Review of Application. The community development director shall review staff recommendations, and within fifty days after the filing of such parcel map, shall recommend to the development review committee that the map be approved, conditionally approved or denied (See Figure 16.12.010). Maps that do not conform to the requirements of this chapter shall be returned to the applicant for revision. The development review committee shall review the recommendations of the community development director and shall approve, approve with conditions or deny the map. Approval by the development review committee of a parcel map for a division of land into less than five lots or division of land which is exempt from the provisions of the Subdivision Map Act shall be final approval subject to the conditions prescribed by the development review committee.

C. Time Limits. Time limits for tentative maps shall be as prescribed by Section 66463.5 of the Subdivision Map Act.

(Ord. 858 § 3, 1994)

The parcel map shall be per Chapter 3, Article 3 ("Parcel Maps") of the Subdivision Map Act.

(Ord. 858 § 3, 1994)

Where a portion of the land shown on a parcel map has an existing structure, requires rights-of-way, or requires dedications, full right-of-way improvements shall be made in front of such structure. Improvements shall be installed across: (a) the lot on which the use or structure is located, if such lot may not be further divided under applicable zoning regulations; or (b) the minimum street frontage required for the use by applicable zoning regulations, including building width, driveways, side yards and lot area. The development review committee may recommend, and the city council may require immediate dedication and improvement of streets deemed necessary for the proper development of the area. The dedications and improvements required by this section shall be the same as those that would be required if the affected parcels were part of a subdivision. Said dedications shall be made, and the improvements either constructed or provided for by agreement and bond, before the property division shall be deemed to be in compliance with this chapter. This section shall be complied with before issuance of any building or use permit.

(Ord. 858 § 3, 1994)

The parcel map may be approved when all of the following conditions are found:

A. No parcel of land when created would have less than the minimum size and dimension requirements of the zone in which the parcel is located;

B. All parcels so created front either upon a public or approved private street (dedicated and improved to its ultimate width as established by the general plan or specific plan); or upon an existing unimproved (or less than fully improved) street right-of-way to its ultimate proposed width as established by the general or specific plan;

C. The applicant has entered into an agreement to improve the street in front of existing development, and as required by the city council in accordance with city standards;

D. The applicant has agreed in writing to dedicate and improve city width and standards a street or streets which will conform to the general plan and any applicable specific plan, no dedications or improvements being required in excess of those required for subdivisions, the applicant to make any dedications required and execute any agreements for improvements as may be required before the application may be approved;

E. In hillside or sloping areas, all parcels created have frontage on a dedicated street or private way acceptable to the city council are provided with vehicular and pedestrian access to and from the dedicated street or private way over the frontage;

F. Requirements for the construction of off-site and on-site improvements shall be noticed by a statement on the parcel map or as provided for in Section 66411.1 (a) of the Subdivision Map Act.

(Ord. 858 § 3, 1994)

The agreement referred to in Section 16.12.030 shall be by improvement securities in the form of bonds or deposits for faithful performance and the payment of labor and material in the form prescribed in Chapter 5, Division 2 of the Subdivision Map Act. The faithful performance security shall be in a sum equal to the estimated cost thereof and a payment security in an amount equal to the total estimated cost of the improvement securing payment to the contractor, his or her subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement.

(Ord. 858 § 3, 1994)

A. Definitions. For purposes of this section, the following definitions shall apply:

"Unit"

for purposes of this section means any dwelling unit, including, but not limited to, a unit created pursuant to Chapter 18.122, an accessory dwelling unit or a junior accessory dwelling unit.

"Urban lot split"

means a lot split of a single-family residential lot into two parcels that meet the requirements of this section.

B. Time for action on application.

1. The city shall approve or deny an application for a lot split within sixty days from the date of receipt of a complete application. Failure to approve or deny within this time period shall mean that the application is deemed approved.

2. If the city denies the application, it shall, within the sixty-day time period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

C. The city shall ministerially approve a parcel map for a lot split that meets the following requirements:

1. The parcel is located within a single-family residential zone.

2. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel.

3. Both newly created parcels are no smaller than one thousand two hundred square feet.

4. The parcel is not located in any of the following areas and does not fall within any of the following categories:

a. A historical landmark property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark pursuant to a city ordinance.

b. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

c. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

d. A special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this paragraph if either of the following are met:

i. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

ii. The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to 44 CFR 59.1 et seq., and 60.1 et seq.

e. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 CFR 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

f. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (California Fish and Game Code Sections 2800-2835), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.

g. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (California Fish and Game Code Sections 2050—2115.5), or the Native Plant Protection Act (California Fish and Game Code Sections 1900—1913).

h. Lands under a conservation easement.

5. The proposed lot split would not require demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b. Housing on a parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq., to withdraw accommodations from rent or lease within 15 years before the date of the application;

c. Housing that has been occupied by a tenant in the last three years;

d. A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city ordinance; or

e. An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city ordinance.

6. The lot split does not result in more than two units on a parcel.

D. Standards and Requirements. Notwithstanding any other provisions of this municipal code to the contrary, the following requirements shall apply:

1. The lot split conforms to all applicable objective requirements of the Subdivision Map Act[1], Title 16 (Subdivisions) and Title 18 (Zoning) of the municipal code, except as the same are modified by this section.

[1]

Editor's Note: See Government Code Section 66410 et seq.

2. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

3. Except for circumstances described in subsection C.2 above, the setback for side and rear lot lines shall be four feet.

4. The applicant shall provide easements for the provision of public services and facilities as required.

5. Landlocked parcels created by an urban lot split shall have a frontage to the public right-of-way that is no less than 10 feet in width resulting in the creation of a flag lot, provided that requiring the frontage does not preclude two 800-square-foot residential units from existing on each lot. Where a flag lot is not possible, an access easement over the other parcel on the same map shall be required. The easement shall be not less than 10 feet in width and must connect to the same curb cut and apron as the other parcel on the same map.

6. Residential units developed on a lot created pursuant to this section shall be subject to the provisions of Chapter 18.122.

7. The split of the lot will not result in less than one parking space per unit.

a. This does not apply in either of the following instances:

i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in Public Resources Code Section 21155 or a major transit stop as defined in Public Resources Code Section 21064.3; or

ii. There is a car share vehicle located within one block of the parcel.

b. If a parking space is not required, then the owner shall be required to disclose that fact in any sales or rental agreement.

E. The city shall not require or deny an application based on any of the following:

1. The city shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

2. The city shall not impose any subdivision standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

3. The city shall not require the correction of nonconforming zoning conditions as a condition for the lot split.

4. The city shall not deny an application solely because it proposes adjacent or connected structures provided that all building code safety standards are met, and they are sufficient to allow a separate conveyance.

F. An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1. That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

2. That the uses shall be limited to residential uses.

3. That any rental of any unit created by the lot split shall be for a minimum of 31 days.

4. That the maximum number of units to be allowed on each parcel is two, including units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to Chapter 18.122.

G. The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

H. This section shall not apply to:

1. Any parcel which has been established pursuant to a lot split in accordance with this section; or

2. Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot.

(Ord. 1117 § 1, 2023; Ord. 25-1136, 9/15/2025; Ord. 26-1143, 4/20/2026)