Chapter 20.02 — GENERAL PROVISIONS

The provisions of this part shall be known as the "Subdivision Regulations of the City of Long Beach" and shall be referred to therein as "these regulations."

(ORD-23-0051 § 1(Exh. A), 2023)

20.02.020 - Purpose and intent.

The purpose of these regulations is:

A.

To provide policies, standards, requirements, and procedures to regulate and control the design and improvement of all subdivisions within the City;

B.

To implement the objectives, policies, and programs of the general plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with all elements of the general plan and all applicable specific plans;

C.

To preserve and protect the unique and valuable natural resources and amenities of the City's environment and to maximize the public's access to and enjoyment of such resources and amenities through the

dedication or continuance of appropriate public easements thereto;

D.

To assure that development is consistent with the Local Coastal Plan and that issues including, but not limited to sea level rise, sensitive habitat protection, and water quality, are addressed with the review of subdivision maps;

E.

To approve subdivisions which accomplish the following objectives:

1.

Create lots of sufficient size and appropriate design in the interest of the public health, safety, and welfare.

2.

Deliver an adequate system of utilities needed to service the development and address public health, safety, and convenience.

3.

Provide streets of adequate capacity and design to accommodate traffic, and to ensure maximum safety for pedestrians and vehicles.

F.

To provide streets and sidewalks of adequate capacity and design that efficiently accommodate all modes of transportation consistent with the Mobility Element of the General Plan, Americans with Disabilities Act (ADA), and streetscape amenities to beautify corridors;

G.

To ensure maximum safety for all modes of transportation by including improvements that encourage walkability, bikeabilty and provide neighborhood connectivity; and

H.

To clarify the processes and submittal requirements for different types of subdivision requests to streamline the review process and ensure consistency.

(ORD-23-0051 § 1(Exh. A), 2023)

These regulations are adopted pursuant to the Subdivision Map Act of the State of California (Map Act) and are supplemental to the provisions thereof. Consistent with the intent and spirit of the Map Act, Sections 6700 through 6799, inclusive of the California Business and Professions Code (the Professional Engineers Act), Sections 8700 through 8805, inclusive of the California Business and Professions Code (the Professional Land Surveyors Act), and Sections 7800 through 7887 of the California Business and

Professions Code (the Geologist and Geophysicist Act), some local provisions are incorporated into these regulations to reflect processing practices and requirements. All provisions of the above-stated Map Act and future amendments thereto not incorporated in these regulations shall, nevertheless, apply to all subdivisions and proceedings under these regulations.

(ORD-23-0051 § 1(Exh. A), 2023)

The regulations shall apply to all subdivisions within the City of Long Beach, the preparation of subdivision maps, and to other maps and survey records provided for by the Subdivision Map Act. Exempted land transactions not subject to filing a tentative and final parcel map are noted in Section 20.02.050. Each subdivision, or other map process, within the City shall be prepared and submitted for approval consistent with these regulations.

(ORD-23-0051 § 1(Exh. A), 2023)

These regulations shall not apply to:

A.

The financing or leasing of apartments, offices, stores, or similar spaces within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks.

B.

Mineral, oil, or gas leases.

C.

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

D.

A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one lot is added to the adjoining lot, and where a greater number of lots than originally existed is not thereby created.

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 Section 2188.7 of the Revenue and Taxation Code.

G.

The conversion of a community apartment project as defined in Section 4105 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1.

The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the community apartment project.

2.

Subject to compliance with Sections 4290 and 4295 of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the project as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the project shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the project.

3.

If subdivision, as defined in Section 66424, of the property occurred after January 1, 1964, both of the following requirements are met:

a.

A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b.

No more than 49 percent of the units in the project were owned by any one person as defined in Section 17, including an incorporator or director of the community apartment project, on January 1, 1982.

4.

The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification.

H.

The conversion of a stock cooperative as defined in Section 4190 or 6566 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1.

The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the stock cooperative, an assignment of lease, or issuance of shares to a stockholder.

2.

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.

3.

Subject to compliance with Sections 4290 and 4295, or with Sections 6626 and 6628, of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the cooperative as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the cooperative shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the cooperative.

4.

If subdivision, as defined in Section 66424, of the property occurred after January 1, 1980, both of the following requirements are met:

a.

A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b.

No more than 49 percent of the shares in the project were owned by any one person as defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1982.

5.

The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification.

I.

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land, if the project is subject to discretionary action by the advisory agency or legislative body.

J.

The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications

transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

K.

Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.

L.

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body.

M.

The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body.

N.

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 property is not subject to review under other local agency ordinances regulating design and improvement.

O.

The financing or leasing of existing separate commercial industrial buildings on a single parcel.

P.

The leasing of public properties.

Q.

Conveyance of land to a governmental agency, public entity, or public utility, subsidiary of a public utility, for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. For purposes of this section, any conveyance of land to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

R.

Subdivisions created by short-term leases (terminable by either party not more than thirty (30) days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section

230 of the Public Utilities Code.

(ORD-23-0051 § 1(Exh. A), 2023)

No

person shall sell, lease, finance, or transfer title to any parcel or to any portion of a subdivision or resubdivision unless a final tract map, a parcel map, a record of survey, or a certificate of compliance has been approved by the City and recorded in the office of the Los Angeles County Recorder, or unless exempted as specified in Section 20.02.050.

(ORD-23-0051 § 1(Exh. A), 2023)

No building permit shall be issued, and no structure shall be constructed or enlarged on any parcel of real property which has been subdivided in violation of the Subdivision Map Act or City regulations, until the property owner has complied with all the requirements of these regulations.

(ORD-23-0051 § 1(Exh. A), 2023)

A.

Fees Required. At the time of submitting an application for any of the procedures authorized by this title, a filing fee shall be paid as established by resolution of the City Council. Required fees shall be paid at the time of filing of any application.

B.

Purpose of Fees. Such fees are imposed for the purpose of reimbursing the City for costs incurred in investigating and acting upon an application and for administering the provisions of this Title relating to the application.

C.

Refund of Fees. Fees shall not be refunded if the City has incurred costs in connection with the application, but partial and prorated refunds may be granted by the City if projects are withdrawn prior to the public hearing.

(ORD-23-0051 § 1(Exh. A), 2023)

Each violation of any provisions of these regulations by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment

in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. Every other violation of this division is a misdemeanor.

(ORD-23-0051 § 1(Exh. A), 2023)