O1107
council Mtg. 10-24-78
ORDINANCE NO. 1107CCS
AN ORDINANCE AMENDING CHAPTER 3 OF
ARTICLE IX OF THE SANTA MONICA .
MUNICIPAL CODE TO ESTABLISH PARCEL
MAP PROCEDURES
SECTION 1. Sections 9302, and 9302A through
and including 9302H of Chapter 3, Article IX of the Santa
Monica Municipal Code are hereby deleted in their entirety
and the following new Section 9302, is hereby substituted
therefor:
"Section 9302. DEFINITIONS.
For the purposes of this Chapter, unless it is
plainly evident from the context that a different meaning
is intended, certain terms used herein are defined as
follows:
'~Block is a tract of land within a subdivision
entirely bounded by streets ,highways or ways',
except alleys; Q.r by et.rQ8tE:\l.::lYS~ or WElYs, OXCQpt
al~e~and the, exterior boundary or boundaries of
the subdivision.'!-
Whenever any words or phrases as used in this
Chapter are not defined herein but. are 'defined in Article IX
of this Cbde o~ in the Subdivision Map Act as last amended,
such definitions are incorporated herein and are deemed
to apply as though set forth in this Chapter."
_1_
SECTION 2. Section 9303 of Chapter 3, Article IX
of the Santa Monica Municipal Code is hereby amended to
read as follows:
"Section 9303. Designation of Advisory Agency
and Appeal ~?ard.
,
A. Advisory Agency
1) Tentative'Maps~ The Planning Commission
of the City of Santa Monica shall constitute the "advisory
agency" for tentative maps, with authority to approve, con-
ditionally approve or disapprove said maps.
2) Parcel Maps. The Zoning Administrator
of the City of Santa Monica shall constitute the "advisory
agency" for parcel maps, with authotity t~ approve, condi-
tionally approve or disapprove said maps.
B.Appeal Board
The Planning Cornmissionof the City of Santa
Monica shall constitute the "appeal board" for parcel maps,
with the duty of hearing and making determinations upon
appeals with respect to decisions of the Zoning Administra-
tor with respect to waiver approval"conditional approval or dis-
approval of parcel maps."
SECTION 3. A new Section 9303A is hereby
added to Chapter 3, Article IX of the Santa Monica Municipal
Code to read as follows:
"Section 9303A
Parcel Map Procedures.
"A parcel map shall be filed and recorded for any
subdivision. . for..which .. a ..~ tentative and final map is
not required by the Subdivision Map Act except for subdivisions
created by short term leases (terminable by either party
on not more than 30 days' notice in writing) of a portion
of an operating right-of-way of a railroad corporation
defined as such by Section 230 of the Public Utilities
Code; provided, however, that upon a showing made to
the Zoning Administrator based upon substantial evidence,
that public policy necessitates such a map, this exception
shall not apply.
Such maps shall meet all the requirements of the
Subdivision Map Act and of this Code and shall show all
dedications or offers of dedication theron. The Zoning
Administrator may require that such dedications or offers
of dedication be made by deed in lieu of or in addition
to appearing on the map.
When a parcel map is required by this Code, a tentative
parcel map shall first be filed with the Zoning Administrator.
Said map shall meet all the requirements and be processed
by the Zoning Administrator according to the procedures
established for tentative maps provided by the Subdivision
Map Act and this Code.
The Zoning Administrator or Planning Commissio~or City
Council on appeal, may waive any of the requirements of this
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\.'11
"as are deemed necessary.
"
Chapter or the Subdivision Map Act (with regard to the
form and size and design standards) upon a finding that
the type of subdivision is such that compliance is unnecessary
or that other circumstances justify the waiver. The
Zoning Ad~inistrator, Planning Commission or City Council
may require such drawings, data or other information
Where a parcel map is required, the decisions of
the Zoning Administrator approving, conditionally approving
or disapproving a tentative or final parcel map are appealable
to the Commission and, therefrom, to the City Council, pur-
suant to the provisions and limitations of Section 66474.7 of
the California Government Code. Said decisions are appealable
~ ~' " -~ t'....'. ~: ~'.-
"Section 9303B.
"',
by the subdivider or any interested person and said appellant
shall be entitled to the same notice and rights regarding
testimony as are accorded a subdivider under Section 66452.5
of the California Government Code. II
SECTION 4. A new Section 9303B is hereby added
to Chapter 3, Article IX of the Santa Monica Municipal
to read . as. ',follows:
Waiver of Parcel Map Requirements
~, '
No ,parcel. map ne"ed be" flIed or recorded, " whenever
the Zoning Admin~stra,torfinqs that t~e proposed division
of land meets all city requirements as to 1) area, 2)
improvement and design, 3) flood water drainage control,
_A_
4) appropriate improved public roads,S) sanitary disposal
facilities, 6) \'-rater supplyavailahility, 7) environmental
protection, 8) all other r~quirements of the Subdivision Map
Act and any applicable provisions of this Code.
To this end, the subdivider shall file a tentative
map, dra\vings and such other information on any of the fore-
going subjects as may be required by the Zoning Administra-
tor.
Drid~cation~ or offers of dedication shall be made by
deed.
.t-
The decision of the Zoning Administrator granting or
denying an application for \vaiver of the requirement for a
parcel map be appealed to the Planning Commission by the Sub-"
divider or any interested person adversely affected. Any
such appeal shall be filed with the Zoning Administrator
within 15 days after the action from which the appeal is
being taken. The Ptanning Commission shal hear the appeal
and render its decisions within 30 days after the date of
~iling the appeal or at its next regular meeting, whichever
is later."
3
SECTION 5. A new Section 9103C is hereby added to
Chapter 3, Article IX of the Santa Honica Hunicipal Code to
read as follmvs:
.. C,
"Sec~ion 9303. Certificate df Consent for Parcel
Maps; Exceptions.
A certificate, signed and acknowledged by all parties
having any record title interest in the real property, sub-
divided, consenting to the preparation and recordation of
SECTION 7.
I~,ar:Y section, subsec;;tion,
sentence,
"'-. ....
the parcel map is required, except as follows:
a) When the exceptions delineated in Section 66346
of the California Government Code apply; or
b) ~'li th respect to division of land into four
fewer parcels, where dedications or offers of
dedication are not required, the certificate
shall be signed and acknowledged by the sub-
divider only; or
c) With respect to a parcel map encolnpassing
property which is the subject of an eminent do~
main action filed by a public agency, the sig-
nature of any record t~tle owner of the real
property interest subject to said action filed,
shall not be required. II
SECTION 6. Any provisions of the panta Monica
Municipal Code, or appendices thereto inconsistent herewith,
to the extent of such inconsistencies and no further are,
hereby repealed or modified to that extent necessary to
the provisions of this ordinance.
<~
clause or phLase.bf this ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect "the
validity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed
this ordinance and each and every section, subsection,
clause or pprase not declared invalid or unconstitutional
Hithout regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 8 . The Jiayor shall sign and the City
Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be published once ln
"
the official newspaper within fifteen (15) days after its
adoption. The ordinance shall become effective after thirty
(30) days from its adoption.
ADOPTED AND APPROVED this 14th day of November
1978.
~.__0-.~L
HAYOR
ATTEST:
~.
~
(;) Y LERK . .
STATE OF CALIFORNIA
COUnTY OF La,S ANGELES
CITY OF SAHTA MONICA
)
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58.
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l";'_<.
I do hereby certify that the foregoing ordinance
was duly and regularly introduced at a Qeeting of the City
, 1978; that thereafter
Council on the 24 th day of
Oct0ber
the said ordinance was duly adopted at a meeting of the
City Council on the
l4tluay of
November
the follrn~ing vote of the Council:
AYES:
Councilmember:
NOES:
Councilmember:
ABSENT:
Councilmember:
1978; by
Bambrick, Reed, Scott
Trives, van den .
Steenhoven and Mayor
Pro Tempore Cohen
None
Mayor Donna O'Brien
Swink
~y~Iu~~
AS TO FORH: