Article 29 — SUBDIVISION CONTROL

(Added by O-2351; Amended by O-2355; O-2569; O-2570)

This Article may be referred to as the Subdivision Map Ordinance of the City of Torrance. As such, it must be considered in relation to the Subdivision Map Act of the State of California.

To be approved, any map of a proposed subdivision and the provisions for its design and improvement must be found by the Planning Commission to be consistent with the general or specific plans of the City as may be applicable from time to time.

Control of design and improvement of subdivisions is hereby vested in the City Council of the City. Such control shall extend only to subdivisions or portions thereof lying within the incorporated area of the City.

Whenever any words or phrases as used in this Article are not defined herein but are defined in the Subdivision Map Act of the State of California as last amended, such definitions are incorporated herein and shall be deemed to apply as though fully set forth in this Article.

a) The Planning Commission shall be the Advisory Agency for all purposes concerning tentative parcel maps, tentative subdivision maps, final subdivision maps and parcel maps.

b) For the purpose of this Article, and the procedures required by the Subdivision Map Act, any reference to the Clerk of the Advisory Agency, or to the Secretary of the Advisory Agency shall mean the Director of Planning.

a) A parcel map shall be filed and recorded for any subdivision of land for which a tentative and final subdivision map is not otherwise required by the Subdivision Map Act or this Article, except for those divisions of land which are exempted by the Subdivision Map Act or this Article. Such maps shall meet all the requirements of the Subdivision Map Act, and the regulations of the City, issued from time to time pursuant to the authority of this Article.

b) Dedications or offers of dedication may be made by written instrument separately from the parcel map unless the subdivider prefers to make them by map certificate, or unless the Planning Commission shall make such map certificate a specific condition of approval of the parcel map. c) Whenever a parcel map shall be required by the Subdivision Map Act, or by this Article, a tentative parcel map shall first be filed with the Planning Commission, and shall meet the requirements of the Subdivision Map Act, this Article, and the regulations adopted by the City from time to time as provided by this Article.

a) Parcel maps shall be prepared in accordance with the requirements of the Subdivision Map Act, provided that such maps shall be based on a field survey, made in conformity with the Land Surveyors Act, unless the City Engineer shall first agree that the said map can be compiled from record data, or a combination of field survey and record data.

b) All such maps shall meet and conform to all requirements or conditions imposed by this Article, and by the Subdivision Map Act, provided that the City Council may waive any requirement the failure of which has resulted from an inadvertent error or a technical error, and the existence of which Council finds does not materially effect the validity of the said map.

a) The Planning Commission shall make investigations, reports and recommendations on the design and improvement of any proposed division of real property for which either a tentative subdivision or parcel map is required. The Planning Commission shall have the authority to impose requirements and conditions upon such tentative maps and to approve, conditionally approve or disapprove such tentative maps. The Planning Commission shall have the authority to make necessary findings as required by the Subdivision Map Act for such approvals, and disapprovals and shall have the authority to make all necessary findings and determinations regarding the waste discharge requirements and other requirements of the Regional Water Quality Control Board, pertaining to the subdivision of real property which is the subject of a tentative map before the Planning Commission.

b) Parcel maps, after approval or conditional approval by the Planning Commission of the tentative map, shall be submitted to the City Engineer for review and final approval. If he shall find that the parcel map conforms to the Subdivision Map Act, the requirements of the City and is consistent with the tentative map as approved or conditionally approved by the Planning Commission, he shall approve the parcel map and affix his certificate. If he finds that the map fails to comply with any of the requirements, he shall promptly notify the subdivider and request correction of the deficiency. If the said deficiency is not remedied in a reasonable time, the parcel map shall be referred to the Planning Commission for disposition. No such delay caused by the existence of a deficiency shall extend the time limits for expiration of the said map. If the parcel map contains, on its face, dedications or offers of dedication, the map shall be referred to the City Council for acceptance or rejection of the dedications or offers of dedication. Submission of the map to the City Council for this consideration shall not extend the time of expiration of the said map.

a) Tentative parcel maps or tentative subdivision maps shall be filed with the Planning Director, and shall be processed in accordance with the Subdivision Map Act, and the provisions or regulations which may from time to time be issued by the City Manager.

b) Each such map submitted shall be accompanied by an application which shall contain the following items:

1. A declaration, signed by the applicant, that he is the owner, or has full and proper authority of the owner to proceed with the filing of the map and the proposed division of the land which is the subject of the map.

2. An agreement, signed by the applicant, that he will personally attend each hearing required by the City, or in the event that he delegates a representative to attend, the representative will be conclusively presumed to have full authority to speak for applicant, and to make all necessary commitments or decision on behalf of applicant at the said hearing.

c) The filing of the declaration required by 1) shall satisfy the requirement of and be considered in lieu of a certificate on the face of the parcel map by the owners of record title interest in the subject land.

The recording of a parcel map may be waived by the Planning Commission pursuant to the provisions of the Subdivision Map Act, upon the proper findings, in any case where the division of land is for the purpose of financing, refinancing or leasing. The Planning Commission in the case of a waiver, and in any other case where good cause appears, shall issue a Certificate of Compliance which shall be recorded in the Office of the County Recorder of Los Angeles County. The application for a waiver shall be made to the Planning Commission, and shall consist of an application form as may be required by the Planning Commission, and a tentative parcel map.

The City Manager shall issue regulations which, when approved by resolution of the City Council, shall take effect to control the design and improvement and specifications of subdivisions and specific operating procedures for actions in connection with maps and proposed subdivisions. Such regulations when approved by the City Council shall be and become part of this Article for all intents and purposes the same as if they were set forth herein verbatim. Such regulations may include standards for all matters relating to design and improvement of subdivisions as defined in the State Subdivision Map Act.

The Planning Commission shall hold public hearings on tentative parcel maps, and tentative subdivision maps and notice thereof shall be given as provided in Section 66451.3 of the Government Code, and by mailing a notice of said hearing together with a general description of the location of the proposed division of land to all property owners within 300 feet of the exterior boundaries of the said subdivision, as shown on the latest equalized county assessment roll. Said notice shall be mailed not less than ten (10) days prior to the hearing date. Any interested person may appear and be heard.

(Amended by O-2929)

a) The approval or conditional approval of a tentative parcel map or tentative subdivision map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

b) The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Commission, such application to be filed at least thirty (30) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

c) Any extension or extensions of tentative map approval or conditional approval shall not exceed a total of two (2) years.

d) Modifications of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

After approval of the parcel map, or final subdivision map by the City, if a subdivider shall fail or refuse to provide any information or do any act required by the County Recorder before he will record the said parcel map or final subdivision map, for a period of sixty (60) days, the said map shall fail and the approval of the City shall be withdrawn and any subdivision of the same land shall require the filing of a new tentative parcel map or tentative subdivision map, and the application.

(Amended by O-2822)

The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1. and in accordance with the time requirements of Section 66452.5 of the Government Code of the State of California.

a) As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication as required by the City of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve as required by the City all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements.

b) Notwithstanding subsection a) hereof, the City Council or Planning Commission shall disapprove any subdivision for which any dedication or offer of dedication is not made as to any street or streets passing through or adjacent to it, which is required by the Circulation Element of the General Plan, or any specific plan adopted pursuant thereto.

The Advisory Agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within the Torrance Unified School District shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon elementary schools necessary to assure the residents of the subdivision adequate public school service.

As a condition of approval of any map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in Article 4 of Chapter 4 of the Subdivision Map Act commencing at Section 66479 and the regulations issued by the City Manager.

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the City shall enter into an agreement with the subdivider to reimburse him for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

Prior to the approval of any parcel map or final subdivision map, the subdivider may be required to pay or cause to be paid, fees for the purpose of defraying the actual or estimated costs of construction of planned drainage or sewer facilities for the removal of surface or storm waters or sewage from local or neighborhood drainage or sanitary sewer facilities established pursuant to Section 66483 of the Government Code. The drainage and sewer plans of the various drainage and sewer districts within the City, together with maps, and estimated costs of the facilities are on file in the Office of the City Engineer.

Prior to the approval of any final map or parcel map, or prior to the issuance of any building permit, the subdivider or owner of a lot may be required to pay or cause to be paid certain fees for defraying the actual or estimated costs of construction of any bridge or major thoroughfare pursuant to the provisions and requirements of Section 66484 of the Government Code.

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this Article, for which security is required, by the City shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

a) The improvement security shall be in the amount set forth or authorized in the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys’ fees, which may be incurred by the City in successfully enforcing the obligation secured. Bonds furnished by corporate sureties shall be from corporations rated A:AAA or better in BEST’S Insurance Guide.

b) The improvement security shall also secure the faithful performance of any changes or alternations in the work to the extent that such changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement.

a) For all those divisions of land for which a soils report is not otherwise required by the Subdivision Map Act, adequate tests may be required by the Director of Building and Safety. The soils reports, to be done by a civil engineer registered in this State, and based upon adequate test borings, may be required at the time of submission for consideration of a tentative parcel map, or may be postponed by the Director of Building and Safety, to be submitted at the time of, and in connection with, the application for building permits.

b) A preliminary soils report may be waived by the Director of Building and Safety if he finds that there is sufficient data available in the City files concerning the soils qualities in the proposed area that a preliminary soils report is unnecessary.

c) If information available to the Director of Building and Safety indicates, or if the preliminary soils report shows the existence of soils problems which could have a detrimental effect on structures built upon that soil, a soils investigation of each lot in the proposed subdivision may be required by the Director of Building and Safety.

Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be built in the area where soils problems exist.

Reversions to acreage may be made of subdivided lands pursuant to the provisions of the Subdivision Map Act. Dedications or offers of dedication may be specified by the City Engineer as a condition to such reversion.

No tentative parcel map or tentative subdivision map shall be accepted for filing by the Advisory Agency for consideration under this Article and the Subdivision Map Act, unless the said map shall have been first subjected to and processed according to the requirements of the Environmental Guidelines adopted and amended from time to time by the City of Torrance. The subdivider shall submit such applications and pay such fees as may be required for that environmental review, as may be required by this Code and the Environmental Guidelines of the City.

Every map approved pursuant to this Article shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, as set forth in this Code.

Persons appealing decisions of the Planning Commission herein and subdividers shall be required to pay certain fees to cover the cost to the City for any requested appeal, consideration, investigation or processing provided by this Article or the Subdivision Map Act. Those fees shall be set forth by resolution of the City Council from time to time.

a) The date on which a tentative map shall be deemed filed with the Planning Commission for purposes of consideration and the running of time limits shall be that date on which the tentative map is presented to the Secretary of the Planning Commission and all required fees are paid, and application signed.

b) Where more than one (1) map is presented by a developer, concerning the same land, or where revised maps are presented over a period of time, each such map shall be treated as withdrawing any and all predecessor maps from consideration. Each such map shall be treated as a new map for the purposes of determining the filing date.

(Added by O-3266)

a) The standards prescribed by this Code for the subdivision and development of R-1 zoned land shall apply to parcel maps and tract maps under this Article, except those provisions setting the minimum lot size. The proposed lots or parcels shall be of such width, area and design as the Planning Commission finds to be necessary to preserve the purposes and intent of this Article and of the Zoning Division of this Code, and to comply with the general plan, and the area, width, and design of such lots shall be a minimum lot area of six thousand (6000) square feet or the mean average size and width at the street of lots within the same zone and general plan designation within a distance of three hundred (300) feet of any point on the exterior boundaries of the property proposed to be divided, whichever is larger, provided however that all such lots used in the averaging shall be located in the City of Torrance. Any lot having an area of one (1) acre or more, and which contains no dwelling or other building shall not be included in determining the average size and dimension of lots for the purposes of this Section.

b) The Planning Commission may make exceptions to such standards upon finding all of the following:

• 1. That the strict application of any standard prescribed by this Chapter would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Chapter;
• 2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property in the City being subdivided or resubdivided;

3. That the granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity;

4. That the granting of the exception will not be contrary to the objectives of this Chapter.

c) Additional requirements shall be imposed by the Planning Commission when it determines that such requirements are necessary to preserve the purpose and intent of this Section and of the Zoning Division of this Code:

1. To conform to the character of improvements and lot design of the neighborhood within three hundred (300) feet of the parcel proposed to be split;

2. For the improvement of public and private streets, highways, ways or easements as may be necessary for traffic, drainage and sanitary needs;

3. For the construction of reasonable off-site and on-site improvements for the parcels being created.

Pursuant to the authority granted by the California Subdivision Map Act (Sections 66491.1 through 66498.9), Vesting Tentative Maps for either residential or nonresidential purposes shall be accepted for filing with the City subject to the following conditions:

a) The said map shall have printed conspicuously on its face the words "VESTING TENTATIVE MAP."

b) The time limits within which the development rights shall be vested shall last for no more than one (1) year beyond the date of recording of the final tract map or parcel map.

c) At the time the vesting tentative map is filed, a subdivider shall also supply the Planning Department with the same information as required for the submission of a conditional use permit to the City. Additional information as may be deemed necessary by the City Engineer or City Planning Director shall also be submitted. Such information may include, but not be limited to, details of site development, such as, a site plan, building design, topographic, geologic and grading information, parking, landscaping, lighting, and vehicular circulation; details of public improvements and impacts related to the street, storm drain, sewer, and water systems and

any required studies to determine the present and future adequacies and required improvements of these facilities; and any economic impact studies related to current and future delivery of City services.

d) In all other respects, the vesting tentative map shall be filed in the form, and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this Chapter for other tentative maps.

(Added by O-3356)

Since flag lot subdivisions present unusual problems to the City because of the narrow frontage upon public streets, and the need to provide full sewer, access, utility and drainage accommodations to each lot, the following requirements must be met for each such flag lot subdivision;

a) No flag lot subdivision shall provide more than one (1) driveway or access easement curbcut upon the public street unless the Planning Commission shall find that:

• 1. The strict application of this standard would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Chapter;
• 2. There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property in the City being subdivided or resubdivided;

3. The granting of the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity;

4. The granting of the exception will not be contrary to the objectives of this Chapter.

b) Each such map must show on the face of the map, or in suitable separate documents, that there is a plan for maintenance of the common area (or access easement if it is separate from a common area) for the placement, repair, replacement or maintenance of sewers, utilities, driveway access, and surface water run off, together with the necessary easements and cross easements for these purposes.

(Added by O-3897; O-3896)

a) Purpose. The purpose of this Section, Two (2) unit projects and urban lot splits in the R-1 zone, is to provide for the creation of not more than two (2) residential units and urban lot splits on parcels located in a single-family residential zone, consistent with Sections 65852.21 and 66411.7 of the Government Code, as amended from time to time. In any instance where there is a conflict between this Section and State law, State law shall govern.

b) Application Procedures. Two (2) unit projects are allowed within the R-1 zone (Single-Family Residential District) only and provide for ministerial approval of proposed housing development containing no more than two (2) residential units on a lot, if certain requirements are met, as described in subsections (b)(1) and (2) of this Section.

• 1. Ministerial Two (2) Unit Developments. Application for a two (2) unit development project may receive ministerial approval if the proposed housing development meets all of the requirements of Government Code Section 65852.21(a).

2. Ministerial Urban Lot Splits. Application for an urban lot split may receive ministerial approval if the proposed lot split meets all of the requirements of Government Code Section 66411.7(a).

c) Development Standards. All two (2) unit projects are subject to the R-1 zone (Single-Family Residential District) development standards with the below exceptions:

• 1. Unit Size. Each newly constructed residential unit shall not exceed eight hundred (800) square feet in size. Each unit shall provide a minimum floor area no less than an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

2. Building Height and Stories. Not to exceed sixteen (16) feet and one (1) story.

3. Setbacks. Twenty (20) feet to a front property line. Four (4) feet to a rear or side property line. Setbacks required by utility easements and recorded setbacks shall be maintained. No setback is required for an existing permitted living area, accessory structure or structure constructed in the same location and to the same dimensions as an existing structure.

4. Distance Between Buildings. Unless attached, six (6) feet to the exterior wall of a dwelling, garage, or accessory structure located on the same lot.

5. Lot Coverage, Floor Area Ratio, Usable Open Space. New residential units created or converted pursuant to this Section shall not be subject to lot coverage, floor area ratio or usable open space standards.

6. Parking. One (1) on-site, unenclosed space per unit. Parking shall be located on the same lot containing the unit and may be provided as tandem parking on a driveway. Parking shall conform to the requirements of Article 93.5, Development Standards for Residential Parking Areas. Parking is waived pursuant to Sections 65852.21 and 66411.7 of the Government Code. Replacement parking is not required if garage, carport, or covered parking structure is demolished in conjunction with the construction of a residential unit or converted to a residential unit pursuant to this Section.

onform to the requirements of Article 93.5, Development Standards for Residential Parking Areas. Parking is waived pursuant to Sections 65852.21 and 66411.7 of the Government Code. Replacement parking is not required if garage, carport, or covered parking structure is demolished in conjunction with the construction of a residential unit or converted to a residential unit pursuant to this Section.

d) Additional Criteria.

• 1. Ministerial Two (2) Unit Developments.

A) The residential unit shall not be operated as a short-term rental or rented for a period of less than thirty (30) days;

• B) Address numerals of all residential units shall be displayed clearly visible from the street or displayed in a building directory;

C) New entry door shall not open directly toward an alley;

D) Units shall have a permanent foundation;

E) New balconies, roof decks, and openings to decks greater than two (2) feet above the grade shall be prohibited; and

F) New mezzanines, lofts and intermediate levels in the form of a balcony shall be prohibited.

• 2. Ministerial Lot Splits.

A) Units created are used for residential purposes only;

B) Property owner must sign a notarized affidavit stating that property owner "intends to occupy" one (1) of the housing units as their principal residence for at least three (3) years from date of approval of the lot split, unless land trust or qualified nonprofit, and shall be submitted to the Community Development Department Engineering Division prior to recordation of the parcel map;

C) No residential units may be used for short-term rentals of thirty (30) days or less;

D) Urban lot splits may not create a landlocked parcel or parcel that is only served by a private easement or alley;

E) Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act;

F) Easements may be required for the provision of public services and facilities;

G) Parcels shall be required to have access to, provide access to, or adjoin the public right-of-way; and

H) No more than two (2) units will be allowed on any parcel created through an urban lot split. This includes ADUs, JADUs, density bonus units, and units created by duplex developments.

e) Denial of Project. The City may deny a proposed project if the Building Official makes written findings, based on preponderance of the evidence, that a project would have a specific, adverse impact on public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the impact.

f) CEQA and Coastal Act.

• 1. CEQA does not apply to ministerial two (2) unit development and ministerial urban lot split approvals.
• 2. CEQA does not apply to ordinances implementing ministerial two (2) unit development and ministerial urban lot split provisions.
• 3. The Coastal Act applies, but the City is not required to hold public hearings for coastal development permit applications for ministerial two (2) unit development and ministerial urban lot splits.

g) Notification. Upon issuance of a building permit for a ministerial two (2) unit development or approval of a ministerial lot split, the Community Development Department shall send an informational notice of the ministerial action taken to property owners within five hundred (500) feet of the subject property, at the expense of the applicant as determined by the Master Fee Schedule.

(Added by O-3897; O-3896)

The City Council has elected not to use or participate in SB 10 "Planning and Zoning: Housing Development Density," signed by Governor Newsom on September 16, 2021, and effective on January 1, 2022.