§ 36.500

This Article is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

(Ord. No. 2108 § 1.)

A. Subdivision approval required. All subdivisions within the City shall be authorized through the approval of a map or other entitlement in compliance with this Division.

B. Conflicts with Map Act. In the event of any conflicts between the provisions of this Division and the Map Act, the Map Act shall control.

C. Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this Zoning Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

(Ord. No. 2108 § 1.)

The Director and City Engineer are authorized and directed to administer and enforce the provisions of this Article and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided by this Article.

(Ord. No. 2108 § 1.)

A. Advisory agency established. The advisory agency for subdivision review shall be the Planning Commission.

B. Authority and duties. The advisory agency shall perform the following duties, and as further detailed in Section 36.500.060 (Authority for Subdivision Decisions).

1. Approve, conditionally approve, or disapprove all Tentative Maps;

2. Recommend to the Council the approval, conditional approval, or disapproval of requests for modification of the City’s design and improvement standards;

3. Recommend modifications of the requirements of this Article;

4. Review and make recommendations concerning proposed subdivisions in adjacent cities, and in the unincorporated areas of Los Angeles County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

5. Perform additional duties and exercise additional authorities as prescribed by law and by this Article.

(Ord. No. 2108 § 1.)

Table 5-1 (Authority for Subdivision Decisions) identifies the City official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Article.

TABLE 5-1. AUTHORITY FOR SUBDIVISION DECISIONS

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

Any subdivision of an existing parcel into two or more parcels shall require approval by the City in compliance with the provisions of this Article. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map (for four or fewer parcels) or a Final Map (for five or more parcels) to complete the subdivision process. The Tentative Map review process is used to evaluate the compliance of the proposed subdivision with the adopted City standards, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

A. Tentative Map requirements. Map Act Section 66426 requires that any subdivision or resubdivision of land shall require the filing and approval of a Tentative Map.

B. Parcel and Final Map requirements. A Parcel or Final Map shall be required as follows:

1. Parcel Map. The filing and approval of a Parcel Map (Division 36.520) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

a. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map in an individual case;

b. Rail right-of-way leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or

c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 36.520.030 (Waiver of Parcel Map).

2. Final Map. The filing and approval of a Final Map (Division 36.520) shall be required for a subdivision of five or more parcels.

(Ord. No. 2108 § 1.)

As provided by Map Act Article 1, Chapter 1, the following subdivisions do not require the filing or approval of Tentative, Parcel or Final Maps.

A. Cellular antenna facilities. 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 Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

B. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

C. Commercial/industrial financing or leases. The financing or leasing of:

1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Article 2 of this Zoning Code (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires a Use Permit for the project.

D. Condominium conversions. The conversion of:

1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively; or

2. The conversion of certain mobile home parks to condominiums in compliance with Map Act Section 66428(b).

E. Lot Line Adjustments. A Lot Line Adjustment processed in compliance with Section 36.530.030.

F. Mineral leases. Mineral, oil or gas leases.

G. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way.

H. Rail right-of-way leases. Short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the California Public Utilities Code, unless the Director determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this Article to the short-term lease.

I. Residential financing or leases. The financing or leasing of: apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or “granny” units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

J. Separate assessments. Any separate assessment under Section 3688.7 of the Revenue and Taxation Code.

(Ord. No. 2108 § 1.)

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Article 2, Chapter 3 (Government Code Sections 66452 et seq.), shall be subject to all applicable provisions of this Article which shall be satisfied by the subdivider before any zoning approval or Building Permit is issued. Parcel or Final Maps filed for record after their Tentative Map is

(Ord. No. 2108 § 1.)

deemed approved shall remain subject to all the mandatory requirements of this Article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this Article that is duplicated or paraphrased from the Map Act.

A. Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B. Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for the expiration of the map established by Section 36.510.140 (Expiration of Approved Tentative Map).

C. Approval of exception. The Commission shall have the authority to approve or deny exception requests in compliance with this Section. The Commission shall not grant an exception unless all the following findings are first made:

1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Article;

3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.

D. Conditions of approval. In granting an exception, the Commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

(Ord. No. 2108 § 1.)

Division 36.510. Tentative Map Filing and Processing

Sections:

36.510.010 Purpose of Division.

36.510.020 Tentative Map Preparation, Application Contents.

36.510.030 Tentative Map Filing, Initial Processing.

36.510.040 Evaluation of Application.

36.510.050 Review and Decision.

36.510.060 Tentative Map Public Hearings.

36.510.070 Tentative Map Approval or Disapproval.

36.510.080 Conditions of Approval.

36.510.090 Effective Date of Tentative Map Approval.

36.510.100 Changes to Approved Tentative Map or Conditions.

36.510.110 Completion of Subdivision Process.

36.510.120 Vesting Tentative Maps.

36.510.130 Tentative Map Time Limits.

36.510.140 Expiration of Approved Tentative Map.

36.510.150 Extensions of Time for Tentative Maps.

36.510.160 Ministerial Approvals.