Larkspur Municipal Code Ch. 17.04 General Provisions

Sections: 17.04.010 Purpose and Citation. 17.04.020 Application. 17.04.030 Exempted Actions. 17.04.040 Tentative Map Required. 17.04.050 Parcel Map Required. 17.04.060 Parcel Map Waiver. 17.04.070 Final Map Required. 17.04.080 Actions by Interested Persons. 17.04.090 Judicial Review.

This title is enacted for the purpose of adopting regulations to supplement and implement the Subdivision Map Act of the State of California (Title 7, Division 2, commencing with Government Code Section 66410) and may be cited as the “Subdivision Code of the City of Larkspur.” (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

The regulations established by this title shall apply to all subdivisions and all lot line adjustments or parts thereof lying wholly or in part within the municipal boundaries of the City. These regulations are declared to be the minimum reasonably necessary to promote and protect the public health, safety, peace, morals, comfort and general welfare and for the accomplishment thereof. These regulations shall not apply to subdivisions when all parcels created by the subdivision exceed sixty (60) acres in size. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

This title (Larkspur Municipal Code Title 17) shall be inapplicable to the following:

A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, mobile-home parks or trailer parks.

B. Mineral, oil, or gas leases.

C. Land dedicated for cemetery purposes under the California Health and Safety Code.

D. A lot-line adjustment between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot-line adjustment is approved pursuant to Larkspur Municipal Code Chapter 17.20.

E. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

F. Any separate assessment under Revenue and Taxation Code Section 2188.7.

G. Unless a parcel or final map was approved by the City Council, the conversion of a community apartment project, as defined in Business and Professions Code Section 11004, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

1. At least seventy-five (75) percent of the units in the project were occupied by record owners of the
project on March 31, 1982.

2. A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in
Government Code Section 66424, after January 1, 1964, with all of the conditions of that map remaining in
effect after the conversion.

3. The Community Development Director certifies that the above requirements were satisfied.

H. Unless a parcel or final map was approved by the City Council, the conversion of a stock cooperative, as defined in Business and Professions Code Section 11003.2, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

1. At least fifty-one (51) percent of the units in the cooperative were occupied by stockholders of the
cooperative on January 1, 1980, or individually owned by stockholders of the cooperative on January 1, 1980.
As used in this subsection, a cooperative unit is “individually owned” if and only if the stockholder of such unit
owns or partially owns an interest in no more than one unit in the cooperative.

2. No more than twenty-five (25) percent of the shares of the cooperative were owned by any one person,
including an incorporator or director of the cooperative, on January 1, 1980.

3. A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in
state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and
relocation benefits.

4. The Community Development Director certifies that the above requirements were satisfied.

I. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City ordinances regulating design and improvement.

J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 702 § 1, 1983)

A tentative map shall be required for all subdivisions creating two (2) or more parcels or condominiums. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

A. Following approval of a tentative map, a parcel map shall be required for all subdivisions creating four (4) or fewer parcels or condominiums except where:

1. A subdivision is created by short-term lease as described by Section 66428 of the Subdivision Map Act.

2. The parcel map is waived as provided by Larkspur Municipal Code Section 17.04.060.

3. Land is conveyed to or from a government agency, public entity, public utility, or land is conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

B. Following approval of a tentative map, a parcel map shall be required for those subdivisions creating five (5) or more parcels, in which:

1. The land before division contains less than five (5) acres, each parcel created by the division abuts upon
a maintained public street or highway, and no dedications or improvements are required by the legislative
body; or

2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved
access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway that
comprises part of a tract of land zoned for industrial or commercial development, and that has the approval
of the governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of sixty (60) acres or more. (Ord. 1030 § 2(11), 2018;
Ord. 702 § 2, 1983; Ord. 584 § 1 (part), 1977)

In any subdivision where a parcel map is required, a written application may be included as part of the tentative map submitted requesting a waiver of a parcel map for all or part of the proposed subdivision. Written application shall state in detail the basis for the waiver requested. Such a waiver may be granted by the Planning Commission upon specific findings that the proposed subdivision complies with all City requirements as to:

A. Area.

B. Improvement and design.

C. Floodwater drainage control.

D. Appropriate and improved public roads.

E. Sanitary disposal facilities.

F. Water supply availability.

G. Environmental protection.

H. Adopted Larkspur General Plan.

I. Adequate monumentation so that an engineer or surveyor may readily determine the lot boundaries.

J. All other requirements of the Subdivision Map Act and any applicable provisions of this title. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Following approval of a tentative map, a final map shall be required for all subdivisions creating five (5) or more parcels or condominiums, excepting those subdivisions listed in Larkspur Municipal Code Section 17.04.050(B)(2). (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

When any provision of the Subdivision Map Act or this title requires the execution of any certificates or affidavits for the performance of any act by a person in their official capacity who is also a subdivider or an agent or employee thereof, such certificate of affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the City Council. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

If any person is aggrieved by, or fails to agree to, the reasonableness of any requirement imposed pursuant to the Subdivision Map Act or this title, they may bring a special proceeding in Superior Court pursuant to Government Code Section 66499.37. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)

Except where expressly allowed otherwise by this title, the preparation of all maps, soils reports and other information required by this title shall be done by a qualified civil engineer registered in the state or, where allowed by the Government Code, a land surveyor licensed by the state. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)