Lawndale Municipal Code Ch. 16.04 Subdivision Ordinance

This chapter is adopted to supplement and implement the state of California's "Subdivision Map Act" which is codified at Government Code Section 66410, et seq., and is hereby adopted by reference as if fully set out at length herein and shall be the subdivision ordinance of the city. A copy of the Subdivision Map Act is on file with the office of the city clerk.

(Prior code § 18-1; Ord. 930-03 § 1; Ord. 1010-08 § 9)

Upon submission of a tract or parcel map for checking, the subdivider shall pay such fees for administrative costs incurred by the city in processing the map as the city council may establish from time to time by resolution. In addition, the subdivider shall pay all other fees as established by the county of Los Angeles for map checking and processing and all other fees and charges required by law.

(Prior code § 18-3)

A. Notwithstanding the provisions of Section 16.04.010 and the provisions of the subdivision ordinance concerning approval, conditional approval or disapproval of tentative subdivision maps, parcel maps or tentative minor land division maps, prior to approval, conditional approval or disapproval of such maps by the planning commission or city council, a public hearing shall be held thereon in accordance with the provisions of this section.

B. The public hearing shall be conducted in accordance with the rules and procedures established by the body or officer conducting such hearing or as prescribed by higher authority. If for any reason testimony on any case cannot be heard or completed at the time set for such hearing, the chairperson presiding may continue or extend the hearing to another time.

C. Notice of the time and place of the public hearing shall include a general description of the matter to be considered and location of the project, and shall be given at least ten days prior to the hearing in the following manner:

1. By publication once in a paper of general circulation, if any;

2. By posting the notice in at least three public places in the city, including at least one notice in the affected area;

3. By mail or delivery of the notice to the project proponent and to all persons, including businesses, corporations or other public or private entities shown in the last equalized assessment roll as owning real property within five hundred feet of the subject property. A notice shall also be sent in a similar manner to "occupant" at the site address in those cases where the mailing address of any property owner required to be notified pursuant to the provisions of this subsection differs from the site address of such property. In the case of an apartment house or a commercial or industrial development where spaces are leased to tenants, a notice addressed to "occupant" shall be mailed to each dwelling unit or leased space; and

4. By giving such other additional notice as required by state law and/or as deemed appropriate by the body or officer conducting the hearing.

(Prior code § 18-5; Ord. 812-96 § 21)

Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other statute is a misdemeanor, punishable pursuant to Section 1.08.020.

(Prior code § 18-4; Ord. 640-89 § 16)

Notwithstanding the provisions of Section 16.04.010, the subdivision ordinance of the city is hereby amended as set forth in Sections 16.04.060 through 16.04.130 of this chapter.

(Prior code § 18-2)

The planning commission shall have the authority to approve, conditionally approve, or disapprove tentative maps of proposed subdivisions of land. The council designates the planning commission as its advisory agency with respect to the design and improvement of proposed subdivisions. However, any interested person may appeal the decision of the planning commission to the council. After approval of a tentative map, the applicant may cause a final map to be prepared in accordance with the applicable provisions of the Subdivision Map Act. The final map shall then be delivered to the city engineer for certification, consistent with Section 16.04.070 of this chapter.

(Prior code § 18-2(a); Ord. 951-05 § 2)

When a final map has been submitted to the city engineer, if all of the requirements and conditions of approval pertaining to such map have been complied with, or have been provided for by an improvement agreement between subdivider and the city, and all other requirements of the Subdivision Map Act have been complied with, the city engineer shall certify the map and arrange for the transmittal of the map to the office of the Los Angeles County recorder.

Additionally, as part of the processing of a final map:

A. The city engineer shall notify the council at its next regular meeting after the city engineer receives the map that the city engineer is reviewing the map for final approval.

B. The city engineer shall approve or disapprove the final map within ten days following the meeting of the council that was preceded by the notice in subsection D of this section below.

C. The city engineer's action may be appealed to the council.

D. The city clerk shall provide notice of any pending approval or disapproval by the city engineer, which notice shall be attached and posted with the council's regular agenda and shall be mailed to interested parties who requested the notice.

E. The council shall periodically review the delegation of this authority to the city engineer.

(Prior code § 18-2(b); Ord. 951-05 § 3)

A. Merger of Parcels. Whenever two or more contiguous lots, parcels or units of land are held by the same owner, such lots, parcels, or units may be merged where any one of the contiguous lot, parcels, or units held by the same owner does not conform to standards for minimum parcel size under the city zoning ordinance, and if all of the following requirements are satisfied:

1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot, parcel or unit; and

2. With respect to any affected parcel, one or more of the following conditions exists:

a. Comprises less than five thousand square feet in area at the time of the determination of merger;

b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. Does not meet current standards for sewage disposal and domestic water supply;

d. Does not meet slope stability standards;

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f. Its development would create health or safety hazards;

g. Is inconsistent with the city's general plan and any applicable specific plan, other than minimum lot size or density standards.

B. Extent of Merger. Merger shall occur only to the extent necessary to create lots conforming to the current standards for minimum lot area and dimensions, or, if the lots, parcels, or units are developed with a structure or structures, merger shall occur only to those lots, parcels, or units, which are developed as a single unit.

C. Treatment of Lots After Merger. After merger has occurred with respect to any contiguous lots, parcels, or units of land under this section, such lots, parcels, or units of land shall be treated as a single lot under the provisions of the Lawndale Municipal Code.

D. Contiguity. Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, roads, streets, utility easements or railroad rights-of-way separate parcels or units of land.

E. Notice to Affected Property Owners. Whenever the director of community development determines that real property has merged pursuant to this section, he or she shall cause to be filed for record with the county recorder, and mailed by certified mail to the then current record owner of the property, a notice of intention to determine status, notifying the owner that the affected lots, parcels, or units may be merged pursuant to this section, and advising the owner of the opportunity to request a hearing before the planning commission on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

F. Review by Planning Commission. Whenever a property owner timely objects to the recording of a notice of merger and requests a hearing before the planning commission, the planning commission shall hold a hearing thereon and allow the property owner to state his or her objection and present the evidence upon which he or she relies. The property owner shall be advised in writing of the time, date and place of hearing. If the planning commission determines that the conditions constituting merger have not occurred, then it shall instruct the director of community development not to file the notice of merger, and release of the notice of intention to determine status shall be recorded and a clearance letter mailed to the then current owner of record. Otherwise, the director shall file the notice of merger, unless the decision of the planning commission is appealed within ten days to the city council.

G. Merger of Parcels Prior to July 7, 1977. Any or all lots, parcels, or units of land which may have been merged by any provision of state law prior to July 7, 1977, are hereby deemed to be unmerged and separate parcels.

(Prior code § 18-2(d); amended during 6/30/96 supplement; Ord. 951-05 § 5)

The director of community development shall issue a certificate of compliance for those parcels of land of less than required area created prior to May 20, 1974, following completion of either of the following procedures:

A. A review by the director of community development, pursuant to the procedural requirements of the city of Lawndale zoning ordinance, to determine satisfaction of the following criteria:

1. The parcel of land has frontage on a road as specified by Title 17 of the Lawndale Municipal Code;

2. The width of the parcel of land shall not be less than fifty percent of the required width pursuant to the city of Lawndale zoning ordinance;

3. The area of the parcel of land shall not be less than seventy-five percent of the required area pursuant to the Lawndale zoning ordinance;

4. The setbacks of the underlying zone will be adhered to, unless a modification has been received pursuant to the city of Lawndale zoning ordinance;

5. There is sufficient area available on the parcel of land to provide automobile storage for the land use intended, as required by the city of Lawndale zoning ordinance; and

6. Approval of an exception pursuant to the provisions of the city of Lawndale zoning ordinance.

(Prior code § 18-2(h); Ord. 951-05 § 7)