West Hollywood Municipal Code Ch. 20.04 Adoption of Subdivision Ordinance

a. Title 21, Subdivisions, of the Los Angeles County Code as amended and in effect on March 29, 1985, is hereby adopted by reference as the Subdivision Ordinance of the City of West Hollywood and no subdivisions shall be built, and no building permit shall be issued for any subdivision, which is in conflict with, or in violation of, the Subdivision Ordinance.

b. A copy of the Subdivision Ordinance has been deposited in the office of the City Clerk of the City of West Hollywood, and shall be at all times maintained by the Clerk for use and examination by the public.

(Prior code § 10100; Ord. 85-21 § 9200, 1985; Ord. 86-98 § 1, 1986)

Notwithstanding the provisions of Section 20.04.010, the Subdivision Ordinance is amended by amending the definition of the term "advisory agency" in Los Angeles County Code Section 21.08.020 to read as follows:

21.08.020 Advisory agency.

"Advisory agency" means and refers to the Director of Community Development for purposes of considering and taking action on conversion of existing residential housing to common interest developments, lot line adjustments and certificates of compliance, and to the Planning Commission for purposes of considering and taking action on all other subdivisions.

(Prior code § 10103; Ord. 99-542 § 14, 1999)

Notwithstanding the provisions of Section 20.04.010, the Subdivision Ordinance is amended by amending Los Angeles County Code Sections 21.16.070 and 21.16.075 to read as follows:

21.16.070 Notice of public hearing.

At least 28 days prior to a public hearing held pursuant to this Title 21, the Director shall cause a notice, which contains the time and place of the hearing, a general description of the location of the proposed division of land, and a statement of a person's right to appear and be heard, to be published and posted in accordance with Section 19.74.020 of the West Hollywood Municipal Code, and in the case of a proposed conversion of residential real property to a common interest development, mailed by first-class mail to each tenant residing in the subject building.

21.16.075 Posting.

Property which is the subject of a public hearing pursuant to this Title 21 shall be posted in compliance with subsection (B) of Section 19.74.020 of the West Hollywood Municipal Code.

(Prior code § 10104; Ord. 99-542 § 14, 1999; Ord. 14-940 § 40, 2014)

Notwithstanding the provisions of Section 20.04.010, the Subdivision Ordinance is amended by adding thereto a new Section 21.24.385 to read as follows:

21.24.385 Conversion to Common Interest Development.

A. Any building or structure proposed to be converted from residential rental housing to common interest development shall conform to or shall be found by the Planning Commission to be in substantial conformance with the design standards contained in West Hollywood Municipal Code Section 19.36.100, "Common Interest Development Design Standards" and with all standards, including off-street parking, required of new multiple residential structures provided in Title 19 of the West Hollywood Municipal Code. Conditions may be imposed on the map to assure that the project is as nearly in conformance with design standards as is practicable. The Director may exempt from the requirements of this paragraph conversions in which tenants residing in the building and representing 80 percent or more of the units agree to purchase units or conversions carried out by a government agency or nonprofit organization for the purpose of providing, maintaining or developing housing for senior citizens or persons of low and moderate income.

B. The subdivider of any conversion to common interest development, except a building in which tenants residing in the building and representing 80 percent or more of the units agree to purchase units or conversions carried out by a government agency or nonprofit organization for the purpose of providing, maintaining or developing housing for senior citizens or persons of low and moderate income, shall comply with the inclusionary housing requirements contained in Chapter 19.48 of the West Hollywood Municipal Code.

C. All tenants occupying a unit located in a building which has been approved for conversion to common interest development shall be afforded the notices required by California Government Code Section 66427.1, and a nontransferable right of first refusal to purchase the occupied unit at the same or at better terms than those offered to the general public. Such right of first refusal shall be effective for a period of not less than 90 days from the date at which such units are offered for sale to the general public, as described in Section 66427.1. The tenant may waive any such right by executing a written notice to that effect or by terminating his or her tenancy and vacating the unit without acting on the right.

D. No tenant shall be evicted from any rental unit in a building approved for conversion to a common interest development except as provided in subsection (15) of Section 17.52.010 of the West Hollywood Municipal Code.

E. In the event that units in a building converted to common interest development are subsequently re-offered for rent, the landlord shall comply with subsection (15)(c) of Section 17.52.010 of the West Hollywood Municipal Code.

(Prior code § 10105; Ord. 99-542 § 14, 1999; Ord. 14-940 § 41, 2014)

Notwithstanding the provisions of Section 20.04.010, the Subdivision Ordinance is amended by adding Los Angeles County Code Chapter 21.64 thereto to read:

21.64.010 Purpose and Intent.

The purpose of this chapter is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this title shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Government Code and Section 21.64.030 of this chapter.

21.64.020 Consistency Requirement.

The approval of a vesting tentative map shall be consistent with the West Hollywood General Plan, any applicable specific plan, the West Hollywood Zoning Ordinance, and any other applicable provision of this code in effect at the time provided by Section 21.64.090A of this chapter.

21.64.030 Definition of Vesting Tentative Map.

As used in this chapter:

A "vesting tentative map" shall mean a tentative map for a subdivision, as defined in this title that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 21.64.040 of this chapter, and is thereafter processed in accordance with the provisions of this chapter and the Subdivision Map Act.

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Editor's Note: The amendments to the Urban Lot Splits are included as an attachment to this title

As further described in Sections 19.90.020 and 19.36.100, airspace subdivisions differ from common interest developments in that the owners are not required to share interest in a common area within the map boundaries. Instead, legal agreements recorded with the subdivision define how the lots, common spaces, ingress, egress, parking, uses and easements will function once individual components are sold.

a. Property Improvement Standards for Airspace Subdivisions. All tentative maps creating airspace lots, as defined by Section 19.90.020 shall be required to record a deed restriction which ensures the following:

1. Airspace lots shall have access to appropriate public rights-of-way, common spaces, ingress, egress, parking and other areas available for common use by means of CC&Rs, management documents, one or more easements, or other entitlements to use, in a form satisfactory to the City Attorney, Public Works Director, and Building Official.

2. Inclusionary housing requirements, Building Code requirements, all other applicable property development standards required by the Zoning Ordinance, and any other technical code requirements affecting the development of the property, shall be determined for the airspace lots as if all lots in the airspace subdivision were merged into the same lot.

3. Individual buildings that are subdivided by an airspace map shall be reviewed as a single building for purposes of applying the Building Code, Zoning Code, and General Plan policies. Property development standards including, but not limited to, density, lot coverage, floor area ratio, parking, height, and setbacks shall be calculated as if the subdivided building were one building within one lot.

b. In addition to the application submittal requirements for tentative maps, the tentative map shall provide cross-sectional drawings showing how the proposed building or buildings are to be divided into ownership boundaries.

(Ord. 12-897 § 11, 2012)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction is punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

(Prior code § 10101; Ord. 85-21 § 9201, 1985; Ord. 86-98 § 1, 1986)

Statutory References