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O1294 1 - . CA:RMM:rm9300 City Council Meeting 1-24-84 Santa Monica, California '" ORDINANCE NUMBER 1294(CC5) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A NEW SUBDIVISION ORDINANCE FOR THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOW S : SECTION 1. Sectlons 9300 through 9314 of the Santa Monica Municipal Code are repealed. SECTION 2. Chapter 3 1S added to Article IX of the Santa Monica Municipal Code to read as follows: CHAPTER 3. SUBDIVISIONS Subchapter 3A. General PrOV1Slons and Responsib11ities. SECTION 9300. Citation and Authority. This Chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seg., and may be cited as the Subd1vision Ordinance of the City of Santa Monica. 1 e e SECTION 9301. Purpose. It is the purpose of this Chapter to regulate and control the diviSlon of land within the Ci ty of Santa Monica and to supplement the provisions of the Subdl.vision Map Act concerninq the des ign, l.mprovemen t and survey data of subdivl.sions, the form and content of all maps provided for by the Subdivislon Map Act and procedures to be followed J.n securing the official ap- proval of the Planning Commission and Clty Councl1 regarding such maps. To ac- compll.sh thJ.s purpose, the regulations outlined in thJ.s Chapter are determined to be necessary for the preservation of the publlC health, safety and general wel fare, to promote orde rly growth and development and to promote and implement the General Plan. The requirements of this Chapt er are in addi tion to other requirement of the City of Santa Monlca. SECTION 9302. Conformlty to General Plan, S~ecific Plan and Zoning Ordlnances. No land shall be subdivided and developed for any purpose which is not in conformJ. ty with the General Plan and any specl.fl.c plan of the City of 2 . e- Santa Monlca or authorized by the Comprehenslve Land Use Ordinance of the City. SECTION 9303. ApplJ.ca tion. The regulations set forth in this Chapter shall apply to all subdlvlsions or parts thereof Wl thin the Cl ty of Santa Monica and to the preparation of subdiviSJ.on maps thereof and to other maps or cer- tificates provided for by the Subdlvision Map Act. Each such subdivislon and each part thereof lying wi thin the City of Santa Monica shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and requlred. SECTION 9304. Definl.tions. The following words or phrases as used in this Chapt er shall have the following meanJ.ngs: (a) Advl.sory Asency. A deslgnated official or an official body charged Wl.th the duty of makJ.ng lnvestigations and reports on the desl.gn and improvements of proposed dl.V1Sions of real property. 3 - . (b) Block. The area of land wi thin a subdivJ.sion which area is entirely bounded by streets, highways or ways, ex- cept alleys, or the exter10r boundary or boundar1es of the subdivision. (c) CommunJ.ty Apartment. A proJect as defined in Business and Professions Code Section 11004 in Which an undivided interest J.n the land 1S coupled with the rJ.ght of exclusive occupancy of any apartment. (d) Condominium. An estate in real property cons1stl.ng of an und1vJ.ded 1nterest in common l.n a portion of a par- ce 1 of real property togethe r wi th a separate interest in space in a residen- t1al, industr1al or commerc1al bui lding on such real property, such as an apart- ment, office, or store. A condominium may include, in addition, a separate lnterest J.n other portl.ons of such real property. (e) ConverSl.on. The creation of separate ownership of existing J.mproved real property together with a separate interest in space of resident1al, 1ndustria1 or commercial buildings 4 . - thereon. A conversion may be accomplished by condominium, stock cooperative, or commun1ty apartment. (f) Desi9n. Street alignments, grades and wJ.dth~ drainage and sanitary facilit1es and utllJ.ties, includlng alignments and grades thereof ~ location and Sl.ze of all required easements and rights-of-way~ flre roads and fire breaks; lot size and configuratJ.on~ traf- fic access; grading; land to be dedicated for park or recreational purposes; and such other spec1fl.c requirements in the plan and configuration of the entire sub- divJ.sion as may be necessary or con- venient to insure conformity to or im- plementation of the General Plan or any adopted speciflc plan. (g) F1nal Map. A map showing a subdJ. viS10n for which a tentative and f1nal map is required by thlS Chapter, prepared in accordance with the pro v J.- Slons of this Chapter and the Subdi vi- sion Map Act and des1gned to be recorded in the offl.ce of the County Recorder. (h) Final Parcel Map. A final map for a parcel. 5 e e (i) Final Subdivision Map. A final map for a subdivision. (j) General Plan. The General Plan of the City of Santa MonJ.ca. (k) Improvement. Street work, storm draJ.nage, utJ.lties and landscapl.ng to be installed, or agreed to be installed, by the subdivider on the land to he used for public or prlvate streets, highways, and easements, as are necesary for the general use of the lot owners in the sub- d1vislon and local neighborhood traffic and dra1nage needs as a condition prece- dent to the approval and acceptance of the final map thereof ~ or to such other specific J.Mprovements or type of improve- ments, the lnstallation of WhlCh, either by the subdivider, by public agencies, by private utilJ. ties, by any other enti ty approved by the local agency or by a com- bination thereof, J.s neces sary or con- venient to insure conformity to or im- plementation of the General Plan or any adopted speclfic plan. (1) Lot. A parcel or portion of land separated from other parcel s or portions by description, as on a 6 e . subdlvision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use. (m) Lot Line Adjustment. A minor shJ.ft or rotatl.on of an existing lot ll.ne or other adJustments Where a greater num- ber of parcels than originally existed is not created. (n) Merger. The jOJ.ning of two or more contJ.guous parcels of land under one ownership into one parcel. (0) Subdivision Map Act. The Subdivlslon Map Act of the State of Californ1a. (p) Parcel Map. A map showing a division of land of four or less parcels as required by thls Chapter, prepared in accordance with the provisions of this Chapter and the Subdl.vJ.sion Map Act. (q) Peripheral Street. An existing street whose right-of-way J.S contiguous to the exterJ.or boundary of the subdivision. (r) Remainder. That portion of an existJ.ng parcel whJ.ch is not included as part of the subdivided land. The remaJ.nder is not considered as part of 7 e . the subdlvlsion but must be shown on the required maps as part of the area surround1ng subdivision development. (s) Stock Cooperatl.ve. A corpora- tion as defl.ned in BUSlness and Professions Code Sectlon 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exc 1 us i ve occupancy in a portion of property and whose riqht to occupancy transfers concurrently with the transfer of an interest in the corporation. (t) Subdivider. A person who proposes to divide, d1vides, or causes to be divided real property into a subdivi- sion for the subd~vider or for others 1 except persons capaci ty, employees and consultants of such or entl.ties, actlng in such are not "subdividers." (u) SubdlvJ.sion. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equallzed County as- sessment roll as a unit or as contlguous uni ts for the purpose of sale, lease or financing, whether immediate or future. 8 e It Property shall be considered as contiguous unl.ts, even if 1t is separated by roads, streets, utility easements or railroad rights of way. Subdivision in- cludes a condom1nium project, as defJ.ned herein or in CJ.vil Code Section 1350, a commun1ty apartMent project, as defined in Business and Professions Code Sect10n 11004, or a stock cooperative, as defJ.ned in Business and Professions Code Sect10n 11003.2. Any conveyance of land to a govermental agency, pub11C entity, or publJ.c utility shall not be considered a division of land for purposes of comput- 1ng the number of parcel s. II Subdi vision" does not include anything excluded from the definJ.t1on of subd.ivision in the Subdivision Map Act unless otherwise provided for herein. (v) Subdivision Map. A map show- 1ng a division of land of f1ve or more parcels as required by thl.s Chapter, prepared in accordanc e with the prov i- Slons of this Chapter and the Subdivision Map Act. (w) Tentative Map. A map made for the purpose of show1ng the design and 9 e e improvements of a proposed subdJ.v1sion and the eXJ.sting conditl.ons in and around it. (x) Tentative Parcel Map. A tenta- tJ.ve map for a parcel. (y) Tentative Subdlvlsion Map. A tentative map for a subdivislon. (z) Zoning Ordlnance. ArtJ.cle IX of the Munlcipal Code. 10 e . SECTION 9305. City Attorney. The Ci ty Attorney shall be res ponsible for approving as to form all CC & Rs, sub- d1vision improvement agreements, and sub- divislon iwproveMent securities. SECTION 9306. City Council. The C1ty CouncJ.l shall have the following responsibilities: (a) The City Council shall have final Jurisdictl.on in the approval of fJ.nal subdivision and parcel maps and im- provement agreements and the acceptance by the City of such land and/or 1mprove- ments as may be proposed for dedication to the City. (b) The City Council shall act as the appeal board for hearing appeals of the approval, conditlonal approval or denial of tentatJ.ve maps and the approval or denJ.al of extensions. (c) The City CounCl1 shall estab- lish by resolution reasonable fees for the processing of maps and for other procedures required or authorlzed by this Chapter or the Subdl.V1Sion Map Act. 11 e e (d) The Cl.ty Council shall approve or deny applicatlons for a stay of ex- piratlon of tentative subdivision or par- cel maps pursuant to Sectlon 9382. SECTION 9307. CJ.ty Engineer. The City Engl.neer shall have the following responsl.bilJ.tJ.es: (a) EstablJ.shing des1gn and con- struction detal1s, standards and speclficatlons. (b) Determinlng viSJ.on J.mprovements provisl.ons of this if proposed subdi- COPlply with the Chapter and the SubdJ.vs1on Map Act. (c) The processlng and certlfication of f1nal maps, reverSl.on to acreage maps, and amended maps~ the processing and ap- proval of subdivision lmprovement plans, lot line adjustments, Plergers and cer- tJ.fl.cates of complJ.ance. (d) The inspectJ.on and approval of subdlVJ.sion improvements. (e) The acceptance of private 1mprOVePlents. 12 e e SECTION 9308. Plannin9 Commission. The PlannJ.ng Commlssion is designated as the Advisory Agency and shall be respon- SJ.ble for approv ing, cond i tionally ap- proving, or denying the application for tentative maps and the approval or denlal of extensions. SECTION 9309. Dlrector of Planning. The Dl.rector of Plannlng shall inves- tJ.gate proposed subdivisions for conform- l.ty to the General Plan, specific plans, and zoning ord inance s of the City and reporting hJ.s or her flndings, togethe r w1th recommendations for approval, condi- tional approval or denl.al to the Planning CommissJ.on and City Council. 13 - e Subchapter 3B. Maps Required. SECTION 9310. General. The neces- sity for tentative subdlvision maps, flnal subdiviSJ.on maps, tentative parcel maps and final parcel maps shall be governed by the provJ.sions of this Subchapter and the SubdJ.vl.sion Map Act. SECTION 9311. Five or More Parcels. A tentative subdivision map and fl.nal subdJ.vision map shall be requlred for all diviSl.ons of land 1nto five or more par- cels, five or more condoIDJ.niums as defJ.ned in Civil Code Section 783, a com- munity apartment project containing five or more unl ts, or a stock coopera t1 ve contalning fl.ve or more units. SECTION 9312. Four or Less Parcels. A tentative parcel map and final parcel map shall be required for all d1visions of land which create four or less par- cels, four or less condOJTliniums as deflned in Civil Code Section 783, a com- muni ty apartment project containJ.ng four 14 e e or less units, or a stock cooperative contalning four or less unlts. SECTION 9313. Maps Not Required. A tentative or fJ.nal map shall not be required for any of the following: (a) D1Vl.sions of land created by short-term leases (terminable by eJ. ther party on not more than 30 days notice in wri ting) of a portion of an operating right-of-way of a railroad corporat1.on defined as such by Public Ut11ities Code Section 230, provl.ded, however, that upon a show1ng made to the Cl.ty Engineer based upon substantJ.a1 evidence that public policy neceSSl.tates such a map, this ex- ception shall not apply. (b) A lot line adJustment between two or more existing adJacent parcels, provlded: (1) No additional parcels or bU11ding sites have been created. (2) The adjustment does not create the potentJ.al to further divide eJ.ther of the two parcels 1nto more par- cels than would have been otherwise possl.ble. 15 e e (3) There are no resulting vl.olatl.ons of the Santa Monica Municipal Code. (c) Land conveyed to or from a public utllity, or for land conveyed to a subsidiary of a public utility for con- veyance to such a public utl.lity for r1ghts of way, unless a showing is made 1n 1ndividual cases, upon substantial evidence, that public poll.cy necessitates a parcel map. (d) When the parcel map is waived as provJ.ded by Section 9346. A plot map in a form as required by the City Enqineer, and a certificate of compliance in ac cordance wi th Section 9347 (e) shall be required for lot line adjustments, mergers, certificates of compliance and parcel map waivers. 16 . - Subchapter 3C. Tentative SubdiviSJ.on Maps. SECTION 9320. General. The forM and contents, submittal and approval of tentative subdivis10n maps shall be governed by the provis1ons of this sub- chapter and the Subd1v1sion Map Act. SECTION 9321. Form and Contents. The tentative subdivisJ.on map shall be prepared by a registered CiV1l engineer and shall be clearly and legibly drawn on one she et and conta in not les s than the following: (a) A title Wh1ch shall contain the subdiviSJ.on number, subdivision name, and type of subdivision. (b) Name and address of legal owner, subdivider, and person preparing the map (including regl.stration number). (c) Sufficient legal description to define the boundary of the proposed subdivision. (d) Date, north arrow, scale and contour interval. (e) Existing and proposed land use. 17 . e (f) A vicinity map showing roads, adjoin1ng subdivisions, towns, creeks, railroads, and other data sufflclent to locate the proposed subdivision ann. show lts relation to the community. (g) Existing topography of the proposed slte and at least 100 feet beyond its boundary, J.ncl udl.ng but not ll.mited to: (1) Existing contours at 2 feet intervals if the existing ground slope is less than 10 percent and at not less than 5 feet intervals for existing ground slopes equal to or greater than 10 percent. Contour J.ntervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines. (2) Type, circumference and driplJ.ne of existing trees. Any trees proposed to be removed shall be so l.ndicated. (3) The approximate location and outllne of eXlsting structures lden- tified by type. BUJ.ld1ngs to be removed shall be so marked. 18 . . (4) The approxlmate location of all areas subj ect to lnundation or storm water overflow and the location, width and direction of flow of each water course. (5) The location, pavement and rJ.ght-of-way width, grade and name of existl.ng streets or hlghway. (6) The widths, locatl.on and l.dent1ty of all existing easements. (7) The location and size of existing sanltary sewers, water mains and storm drains. The approxlmate size of existlng sewers and storm drains shall be J.ndica ted. The loca tion 0 f ex is t lng sewers and storm dra1ns shall be indi- cated. The location of existing overhead ut11ity lines on peripheral streets. (8) The approxJ.mate location of the 60, 65 and 70 CNEL (Community Noise Equivalent Level) contours, if any. (h) Proposed lmprovements to be shown shall inel ude but not be limi ted to: (1) The location, grade, cen- terJ.ng radius and arc length of curves, pavement and right-of-way width and name 19 , e of all streets. Typical sections of all street shall be shown. (2) The location and radius of all curb returns and cul-de-sacs. (3) The locat1on, width and purpose of all easements. (4) The angle of intersecting streets if such an~le devlates from a right angle by More than four degrees. (5) The approximate lot layout and the approxlmate dlmensions of each lot and of each bUJ.lding site. Engineerl.ng data shall show the ap- prox1mate f1nished grading of each lot, the preliminary deslgn of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot. (6) Proposed contours at 2 feet intervals shall be shown J.f the ex- l.sting ground slope J.S less than ten per- cent and not less than 5 feet intervals for eX1sting ground slopes greater than or equal to 10 percent. A separate grad- ing plan may be submitted. 20 . e (7) Proposed recreation si tes, trail s and parks for pri vate or publl.c use. (8) Proposed commons areas to be dedicated to public open space. (9) The location and size of sanitary sewers, water maJ.ns or storM dral.ns. Proposed slopes and approX1mate elevations of san1 tary sewers and storm draJ.ns shall be indicated. (i) The name or names of any geolog ist or sOll s eng J.neer whose se r- Vlces were requJ.red 1n the preparation of the desl.gn of the tentatlve map. (J) The source and date of exist- ing contours. (k) All letter size shall be l/8" mlnimum. ( 1) If the subdivider plans to develop the Sl. te as shown on the tenta- tive map in units, then the subdivider shall show the proposed units and their proposed sequence of construction on the tentative map. (m) The Director of Planning may waive any of the foregoing tentative sub- divJ.sion map requirements Whenever he or 21 e - she finds that the type of subdivision is such as not to necessitate compliance with these requlrements, or that other circumstances Justify such waiver. The Director of PlannJ.ng may requJ.re other such drawings, data or other information as deemed necessary. SECTION 9322. Accompanyin9 Data and Reports. The tentatlve subdlvJ.slon map shall be accompanied by the following data or reports: (a) Title Report. A preliminary title report, showing the legal owners at the time of fill.ng the tentative subdivi- sion map. (b) Environmental Impact Study. The varl.OUS tl.me limits set forth in this Chapter for tak1ng act10n on tenta ti ve subdivision maps shall not be deemed to commence untl1 the subdivision 1.5 found exempt or an J.ni tial study is completed and a negative declaration or environmen- tal impact report, as appropriate, is prepared, processed and considered in ac- cordance with the provisions of the Call.fornia EnvJ.ronmental Qual1ty Act. The subdivider shall provide such addi- 22 e e tJ.onal data and information and deposi t and pay such fees as may be required for the preparation and processing of en- vironmental review documents. (c) HousJ.ng Element ComplJ.ance Plan. A plan for complying w1th any requirements of the Hous1ng Element. (d) Building Plans and Elevations. (e) Landscape Plan. (f) Condominium Spec1f1cation Check11st. ( g ) CC & R 'S. (h) Tenant D1splacement List. (1) Tenants. Notice of Intent to Convert. (j) Notice of Intent to Convert. (k) Building Condition and Histor~ Report. (1) Conversion Report. (m) Ener9Y Conservat1on Plan. (n) App11catJ.on for Conditional Use Permlt. (o) Radius Map, Mailing List. (p) Preliminary soil report. A preliminary soil report as requ1red by Heal th and Sa fe ty Code Sect ion 17953. The Building Offlcer may walve this 23 e e requirement upon a determination that no preliminary analysis is necessary because of the knowledge of the Building Officer as to soil qua11ties of soil of the proposed subdivisl.on or lot. (q) Other Reports. Any other data or reports deemed necessary by the Director of Planning. SECTION 9323. Submittal and Processlng of Tentative Subdivision Maps. The tentat~ve subdivision map shall be accepted for filing only when such map conforms to Section 9321 and when all ac- companYlng data or reports as required by Section 9322 have been submitted and ac- cepted by the Director of Planning. The Director of Planning shall accept or reJect such maps for filing l.n writing withln fifteen (15) days of the date of submJ.ttal. Any map Which is reJected for filing shall spec1fy the reasons for the reJection. The time perlods for acting upon such maps shall commence from the date of the letter accepting the map for fi ling. The subdJ. vider shall fl.le with the Dlrector of Planning the number of 24 e e tentatlve maps that the Director of Planning deems necessary. SECTION 9324. Approval. The ten- tative subdivlsion map shall be approved, conditJ.onally approved, or denied in ac- cordance with the procedures set forth in Subchapter 3G. 25 it '. Subchapter 3D. Final Subdivision Maps. SECTION 9330. General. The form, contents, ac companY1ng data, and fi 1 ing of the final subdivision map shall con- form to the provisions of this Subchapter and the Subdivis10n Map Act. The final subdivision map shall be prepared by or under the direction of a registered clvil engineer or llcensed land surveyor. SECTION 9331. Survey Required. An accurate and complete survey of the land to be subdivlded shall be made by a reglstered CJ.V11 engineer or licensed land surveyor. . All monuments, property IJ.nes, centerlines of streets, alleys and easements adJoining or wi thin the sub- division shall be t1ed into the survey. The allowable error of closure on any portlon of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. At the tlme of making the survey for the final subdivision map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards 26 e e described in Bus ines sand Pr ofes sions Code Section 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior bound- ary line shall be monumented prior to recording the final map. Other monuments shall be set as required by the Ci ty Engineer. SECTION 9332. Form. The form of the final subdi v~sion map shall conform to the Subd1 v is J.on Map Act and as set forth below: (a) The fi nal subdivision map shall be leg1bly drawn, printed or reproduced by a process guaranteeing a permanent record of black on tr ac i ng cloth or polyester base film. Certifi- cates, affJ.davits and acknowledgements may be legibly stamped or printed upon the map with opaque 1nk. If 1nk is used on polyester base filL the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The S1ze of each sheet shall be 18 by 26 l.nches. A marg inal lin e shall be drawn cOP1.p1etely around each sheet, leaving an entl.rely blank margin 27 - . of one lnch. The scale of the map shall be not less than 1" = 100' or as may be necessary to show all details clearly, and enough sheets shall be used to ac- comp1ish th1S end. of the she et and The particular number the total number of sheets compr1sJ.ng the map shall be stated on each of the sheets, and its relatl.on to each adjoining sheet snaIl be clearly shown. When four or more sheets inc1ud- l.ng the certlfJ.cate sheets are used, a key sheet will be included. (c) All pr1nting or lettering on the map shall be of one-eighth inch wl.ni- mum heJ.ght and of such shape and weight as to be readily legible on prints and other reproductions made from the or1ginal drawings. (d) The final form of the fl.nal subdivJ.s1on map shall be as approved by the City Engineer. SECTION 9333. Contents. The con- tents of the fJ.nal subdivision map shall conform to the Subdlvislon Map Act and as set forth below: 28 e e (a) Boundary. The boundary of the subdivision shall be designated by a heavy black line J.n such manner as not to obll.terate figures or other data. (b) Title. Each sheet shall have a tltle showing the subdiviS10n number and name and locatJ.on of the property belng subdivlded with reference to maps Wh1Ch have been previously recorded, or by reference to the plat of a United States Survey. The followJ.ng words shall appear ln the title, "In the City of Santa Monica. II (c) Certlfl.cates. certlflcates shall appear the cover sheet. (I) Owner's Certificate. A certl.ficate, siqned and acknowledged by all parties having record title lnterest J.n the land subdJ.v1ded, excepting those parties havlng r10hts of way, easements, other lnterests WhJ.ch cannot ripen l.nto a fee, or other exceptlons provided by the SubdivJ.sion Hap Act, and consent1ng to the preparation and rec orda tion of the flnal subdl. vJ.sion map and of fer ing for The followlng only once on 29 e - dedicatJ.on to the public certain specific parcels of land. (2) Engineer's Certificate. A cert1flcate by the engineer or surveyor responsible for the survey and fJ.na1 sub- d1visJ.on map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final subdivislon map were made by or un- der the directlon of the engineer or sur- veyor, and that the survey is tr u e and complete as shown. The certi flca te shall al so state that all monuments are of the character and occupy the posl.tions indicated, or that they will be set in such position on or before a spec1fied later date. The cert 1fica te shall al so state that the monments are, or will be, sufflclent to enable the survey to be retraced. The certif1ca te shall be in the form requlred by the Subdivision Map Act. (3) City Ensineer's Certifi- cate. A certificate by the City Engineer stating that the final subdivision map has been exam1ned and that 1t is in accord with the tenta ti ve map and. any 30 e . approved alteratl.ons thereof, complies with the Subdivision Map Act and the provisions of this chapter, and is tech- nically correct. The Cl.ty Engineer shall not execute such certification untll receivJ.ng a report from the Director of Plannl.ng of compliance wi th all condi- tions of the tentative subdivision map. The certl.ficatJ.on shall be conditional on the City council finding that all condi- tlons of the tentati ve subdJ. v J.S J.on map have been compIled with. (4) City Clerk's Certificate. A certlflca te for execution by the Cl. ty Clerk statlng the date and number of the resolutlon adopted by the City Council approving the final subdlVJ.Slon map and stating that the City Council accepted, accepted subject to improvement or rejec- ted on behal f of the publlC, any real property offered for dedication for public use ln conformJ. ty with the terms of the offer of dedlcation. (5) County Recorder's Certi- A certificate to be executed by ficate. the County Recorder statlng that the final subdivl.Sl0n map has been accepted 31 e . for fill.ng, that the final subdivJ.sion has been examined and that lt map compll.e s la ws and WJ.th local the provJ.sions of State ordinances governing the fl1ing of final subdivision maps. The certificate shall show who requested the flling of the final sub- di VJ.S lon map, the time and date the map was f1.1ed and the book and page Where the map was filed. (6) County Clerkts Certifi- cate. A certificate to be executed by the County Clerk statlng that all taxes due have been paid or that a tax bond assur- ing the payment of all taxes WhlCh are a lien but not yet payable has been filed with the County. (d) Scale, North Point and Basis of Bearings. There must appear on each map sheet the scale, the north pOlnt and the basls of bearlngs ln relatlon to a prevlous ly recorded fi nal map, and the equation of the bear J.ng of true north. The baSl.S of bearings snail be approved by the CJ.ty Engl.neer. 32 e - e (e) Linear, Angular and Radial Data. Sufflcient linear, angular, and radial data shall be shown to determine the bearlngs and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of the boundary lines on every lot and parcel which 1S a part thereof. Length, radius and total central angle or rad1al bear- J.ngs of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the fl.nal subdivision map. (f) Monuments. The location and descr1ption of all existing and proposed monuments shall be shown. Standard Clty monuments shall be set at (or from off- sets as approved by the Ci ty Eng 1neer) the following locations: ( 1 ) The l.ntersection of street centerlines. (2) Beglnning and end of cur- yes in centerlines. (3) At other locations as may be required by the C1ty EngJ.neer. (g) Lot Numbers. Lot numbers shall begln Wl. th the the number 1 1n each 33 - . subdivJ.Sl0n and shall continue consecu- tlvely with no omissions or dupll.cations except where contiguous lands, under the same ownershl.p, are being subdJ. vJ.ded in succeSSlve units, in Which event lot num- bers may begin with the next consecutlve number following the last number 10 the precedlng unit. Each lot shall be shown entirely on one sheet of the the final subdJ. vislon map, unless approved by the Clty Engineer. (h) Cit~ Boundaries. CJ.ty boun- daries whlCh cross or jOln the subdlVi- S10n shall he clearly designated. (J.) Street Names. The names of all streets, alleys, or highways wi thin or adjoining the subdivision spall be shown. (j) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be requl.red, shall be dedicated to the public for acceptance by the City or other publl.c agency, and the use shall be specJ.fied on the flnal subdivision map. If at the tl.me the flnal subdivls10n map is approved, any streets, paths, alleys or storm drainage easements are not 34 e . accepted by the CJ. ty Council, the offer of dedicatJ.on shall remain open and the Ci ty Council may, by resol ution at any later date, accept and open the streets, paths, alleys or storm drainage easements for publlC use, WhlCh acceptance shall be recorded ln the office of the County Recorder. All easements of record shall be shown on the final subdivision map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder's serlal num- ber and date, or book and page of offi- cJ.al records. Easements not dJ.sclosed by the records in the offlce of the County Recorder and found by the surveyor or en- gineer to be existing, shall be specifi- cally designated on the final subdivision map, identifYlng the apparent dominant tenements for WhlCh the easements was created. The sidelJ.nes of all easements of record shall be shown by dashed lJ.nes on the final subdivision map with the wldths, lengths and bearings of record. 35 e ---- e The width and location of all easements shall be approved by the City Engineer. (k) Subdivision Improvement AgreeMents. If, at the time of approval of the final map, any publJ.c improvements required pursuant to this Chapter have not been completed and accepted in ac- cordance with the condJ. tJ.ons of the ten- tative map, the subdl.vider shall enter lnto an agreement wlth the City to either complete the lmprovements at the sub- dlviders expense or to create a special asses sment for the fl.nancing and comple- tion of such l.mprovemen ts . The Ci ty shall require a securJ. ty guarantee for the completion of any such lmprove- ments. SECTION 9334. Preliminary SubMit- tal for City A~proval. The subdivider shall subml.t four sets of prints of the final subdivls10n map to the Clty Engineer for checking. The preliminary prlnts shall be accompanied by two coples of the following data, plans, reports and documents in a form as approved by the CJ.ty Engl.neer: 36 e e (a) Improve~ent Plans. Improvement plans as required by the Plannl.ng COmml.SS10n or Clty Council. (b) Title Report. A title report showing the legal owners at the time of submlttal of the fl.na1 subdl.vision map. (c) Improvement Bond Estlmate. The improvement bond estJ.mate shall incl ude all improvements within public rights of way, easements, or common areas and utJ.lity trench backfill as provided by the developer except for those util i ty facilities installed by a utllity company under the jurisdictJ.on of the California Public Utl.lit1es Commlssion. (d) Deeds for easements or rights of way. Deeds for easements or rlghts of way requl.red for road or drainage pur- poses winch have not been ded ica ted on the final subdivision map. Written eV1dence acceptable to the Ci ty in the form of rlghts of entry or permanent easements across private property outside of the subdivision permittlng or granting access to perform necessary construction work and permitting the maintenance of the facJ.1ity. 37 e e (e) Joint Use of Right-of-Way A~reement. Agreements, acceptable to the City, executed by all owners of all utili ty and other easements wi thin the proposed rights-of-way consenting to the dedica tJ.on of the road or consentJ.ng to the joint use of the right-of-way, as may be required by the Clty for public use and convenlence of the road sha 11 be required. These owners shall join ln the dedicatJ.on and subordinate the lr rights to the rJ.ght of the public in the road. (f) Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monu- ment llnes. The error of field closures in the traverse around the subdivision and around the lnterior lots or blocks shall not exceed one part in twenty thousand (1/20,000). (g) Hydrology and Hydraullc CalculatJ.ons. Complete hydrology and hydraulic calculatlons of all storm drains. (h) Organization Documents. The submJ.ttal of the fJ.nal subdlvision map shall include the proposed Declaratlon of 38 e r- e Covenants, Conditlons and Restrlctions, and all other organizational documents for the subdivlsion J.n a form as prescrJ.bed by civil Code Section 1355. (i) Any additional data, reports or informatlon as required by the City Engl.neer. All documents shall be subject to review by the City EngJ.neer and City Attorney. SECTION 9335. Return to Subdi- vider's Engineer for Corrections. Upon completlng the preliminary check the City EngJ.neer shall note the requlred correc- tions on the prell.minary prints, reports and data and return one set to the sub- divider's englneer for revislon. SECTION 9336. Resubmlttal. The subdivider's eng J.neer shall submit two sets of the revlsed map, reports and data to the Clty Engineer. After checking the revl.sions, one set shall be returned to the subdlvider's engineer marked approved as submitted, approved When corrected as noted or revise and resubmit. 39 e e SECTION 9337. Approval bX the City En91neer and P1annl.n9 Director. Upon receipt of an approved print, the subdl.Vlder shall $ubmJ.t to the City Englneer the orJ.ginal tracl.ng of the revised map, prepared in accordance with the Subdivision Map Act and this Chapter and corrected to 1. ts fi nal fo rm I and signed by all parties required by the Subdivi- sion Map Act and thlS Chapter to execute the certificate on the map. The City Englneer and Director of Planning shall slgn the appropriate certifJ.ca tes and transm1 t the orlg lnal to the Cl ty Clerk. SECTION 9338. Approval. The final map shall be approved or denJ.ed in ac- cordance Wl. th procedures set forth in Subchapter 3H. 40 . It Subchapter 3E. Tentative Parcel Maps. SECTION 9340. General. The form and contents, submittal, and approval of tentatlve parcel maps shall conform to the provisions of thJ.s Subchapter and the Subdivls10n Map Act. The tentative par- cel map shall be prepared by a registered civil englneer or 11censed land surveyor. SECTION 9341. Form. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be approved by the Ci ty Eng in eer and all lettering shall be 1/8" minimum in height. The fl.nal form shall be approved by the City EngJ.neer. SECTION 9342. Content. The tenta- tlve parcel map shall show the following lnformation: (a) Name and address of legal owner, subdlvlder, and the person prepar- ing the map (lncluding registration num- ber). The engJ.neer or surveyor respon- sible for the preparation of the map shall certify that all monuments are or 41 . e will be set on or before a specified date. (b) Assessor's parcel number. (c) Date prepared, north arrow, scale and contour interval. (d) Existing and proposed land use. (e) Tltle. (f) A vicinity map, sufficient to show the relation to the local community. (g) Existing topography of the site and at least 100 feet from its boundary, including but not I1mlted to: (1) EXJ.stJ.ng contours at 2 feet intervals, l.f the existing ground slope J.s less than 10 percent and not less than 5 feet l.ntervals for existing ground slopes greater than or equal to 10 percent. EXl.sting contours shall be represented by screened or dashed lines. (2) Type, circumference, and drlpline of existing trees. Any trees proposed to be removed shall be so lndica ted. (3) The approximate locatl.on and outline of eXl.sting structures iden- tlfied by type. Structures to be removed shall be so marked. 42 . e (4) The approximate location of all areas subj ect to inundation or storm water overflow and the location, width and dlrection of flow of each water course. (5) The location, pavement, and right-of-way wld th, and grade and name of existlng streets or highways. (6) Locatlon and type of street lmprovements. (7) The location, size, and slope of existing storm dralns. The loca tion of existing overhead utility lines on peripheral streets. (8) The location, width, and identlty of existing easements. (h) Any improvements proposed by the owner shall be shown. (1) If the site is to be graded, proposed contours shall be shown or on an approved grading plan. (j) The proposed lot layout and lot areas. (k) Proposed easements or rlghts-of-way. (1) The source and date of existing contours. 43 - e (m) A prell.minary report of title showing the current vested owner. (n) A soils and/or engineering geology report may be required by the CJ.ty Engineer. SECTION 9343. AccompanYl.ng Data and Reports. The ten ta tl. ve parcel map shall be ac campa n 1ed by the follow1.ng data or reports: (a) Title Report. A preliminary title report, showing the legal owners at the tlme of filJ.ng the tentative parcel map. (b) Envl.ronmental Impact Study. The varJ.Ous time limits set forth in this chapter for taking action on tentati ve parcel maps shall not be deemed to com- mence untJ.l the parcells found exempt or an initial study is completed and a nega- tive declaration or environmental impact report, as appropriate, is prepa red, processed and considered in accordance wJ.th the provJ.slons of the California Environmental Quality Act. The sub- dJ.vider shall provJ.de such additional data and lnformation and deposit and pay such fees as may be requlred for the 44 e e preparatlon and processing of environ- mental review documents. (c) Housln9 Element Compliance Plan A plan for complying Wl th any requirements of the Housing Element. (d) BU11dl.ng Plans and Elevations. (e) Landscape Plan. (f) Condominlum Specl.fication Checklist. ( 9 ) CC & R 'S. (h) Tenant Displacement List. (1.) Tenants' Notice of Intent to Convert. ()) Notice of Intent to Convert. (k) Building Condition and History Report. (1) Conversion Report. (m) Ener9Y Conservation Plan. (n) Application for Conditional Use Permit. (0) Radius Ma~1 Mailin9 List. (p) Prelimlnary SOlI Report. A prelJ.mJ.nary sOlI report as required by Heal th and Safety Code Section 17953. The Building Offlcer may waJ.ve this requirement upon a determination that no preliminary analysls is necessary because 45 e e of the knowledge of the Building Offlcer as to soil qua11ties of soil of the proposed parcel or lot. (q) Other Reports. Any other data or reports deemed necessary by the Director of Planning. SECTION 9344. Submittal and Processing of Tentative Parcel Maps. The tentatJ.ve parcel map shall be accepted for filing only When such map conforms to Section 9342 and when all accompanYlng data or reports requJ.red by Section 9343 have been subml tted and accepted by the Director of Planning. The Dlrector of Plannlng shall accept or reJect such maps for filing within fifteen (15) days of the date of submittal. Any map Which is re jected for fillng shall specl fy the reasons for the rejection. The time periods for acting upon such maps shall commence from the date of the letter ac- ceptJ.ng the map for fi 1 J.ng. The sub- divider shall file with the Director of Planning the number of tentatl.ve parcel maps that the Director of Planning deems necessary. 46 e e SECTION 9345. Approval. The ten- tative map shall be approved, condltion- ally approved, or denied in accordance with the procedures set forth in Subchapter 3H. SECTION 9346. Waiver of Parcel Map. The Planning Commission may waive the requirements for a tentatJ.ve and final parcel map When lt is demonstraterl that the waiver is conslstent Wl. th the purpose of this Chapter and the General Plan. No parcel map may be waived for a condominium, stock cooperative, or com- muni ty apartment project whether created by new construction or conversion. The declslon of the Planning CommissJ.on shall not be appealable. SECTION 9347. Procedure for Waiver of Parcel Maps. The fOllowinq procedure shall be followed for the waiver of a parcel map: (a) A subdlvJ.der shall submit a Request for Waiver of Parcel Map which shall set forth the manner in Which the proposed dlvlsion lS consistent with the 47 It e purpose of this Chapter and the General Plan. (b) A subdivider shall also sub- mlt a plot map of the proposed division whl.ch shall contaJ.n a detailed survey of all affected parcels. The content of the plot map shall be determined by the Cl.ty Engineer. (c) The Director of Planning shall review the Request for Wa~ver of Parcel Map and shall set the matter for public hearing before the Plann~ng comwission as provided in Section 9360. (d) The Plannlng Commission shall approve, conditionally approve or deny the Request for Parcel Map Waiver after the contents of the plot map have be en approved by the City Engineer. (e) If the P1annJ.ng CommJ.ssion ap- proves or condJ.tl.onally approves the Request for Parcel Map Wal.ver, a Certificate of Compliance shall be ex- ecuted. The Certificate of Compliance shall identify the real property and shall state that the d~v~sion thereof complies with applicable prov iSJ.ons of the Subdivision Map Act and this Chapter. 48 e e Upon making such a determination the City shall cause the Certiflcate of Compliance to be filed for record with the County Recorder's Office. 49 e e Subchapter 3F. Final Parcel Maps. SECTION 9350. Final Parcel Maps. The fo rm and content s , subml t tal, ap- proval and fillng of parcel maps shall conform to the provislons of thlS Subchapter and the Subdivision Map Act. The final parcel map shall be prepared by or under the direction of a registered CiVl1 engJ.neer or IJ.censed land surveyor. SECTION 9351. Survey Required. An accurate and complete survey of the land to be subdlvided shall be Made by a reg istered civil eng ineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or Wl thJ.n the sub- dlvislon shall be tJ.ed into the survey. The allowable error of closure on any portl.on of the parcel map shall not ex- ceed 1/10,000 for field closures and 1/20,000 for calculated closures. SECTION 9352. Form and Content. The for~ and content of the final parcel map shall conform to the requlrements for fJ.nal subdi VJ.sion maps as spec i fl.ed by 50 e e Section 9332 and 9333 of this Chapter (except that any reference therein to a final subdlvision map shall refer to a flnal parcel map). Lots shall be desig- nated by letters commencing with "A". SECTION 9353. Preliminary Submi t- tal for City Approval. The subdivider shall submit four sets of prints of the fJ.nal parcel map to the City Englneer for checking. The preliminary prints shall be acco~panl.ed by two copies of the fol- lowing data, plans, reports and documents l.n a form as approved by the City EngJ.neer: (a) Improvement Plans. Improvement plans as required by the P1annl.ng CommiSSlon or Clty Councll. (b) Title Report. A title report showing the legal owners at the tl.me of submittal of the final parcel map. (c) Improvement Bond Estimate. The improvement bond estimate shall include all improvements wlthin public rights of way, easements, or common areas and utl.lity trench backfill as provided by the developer except for those util i ty facilitles installed by a utility company 51 e e under the ]urlsdictJ.on of the California Public UtilitJ.es Commlssion. (d) Deeds for easements or ri9hts of way. Deeds for easements or rlghts of way required for road or drainage pur- poses Which have not been ded ica ted on the final parcel map. WrJ. tten evidence acceptable to the City in the form of rl.ghts of entry or permanent easements across private property outside of the parcel permitting or granting acces s to perform necessary construction work and permlttJ.ng the maJ.ntenance of the facill.ty. (e) Joint Use of Right-of-Way A9reement. Aqreements, acceptable to the City, executed by all owners of all utili ty and other easements WJ. thin the proposed rights-of-way consenting to the dedica tion of the road or consenting to the joint use of the right-of-way, as may be required by the City for public use and convenience of the road shall be required. These owners shall jOln ln the dedication and subordinate their rights to the rlght of the public ln the road. 52 e e (f) Traverse Closures. Traverse closures for the boundary blocks, lot s, easements, street center11nes and monu- ment lines. The error of field closures in the traverse around the parcel and around the interlor lots or blocks shall not exceed one part in twenty thousand (1/20,000) . (g) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm dr ains . (h) Organization Documents. The submittal of the final parcel map shall l.nclude the proposed Declaration of Covenants, Conditlons and Restrl.ctl.ons, and all other organ1za t10nal documents for the subdivision in a form as prescrJ.bed by CJ.vil Cone Section 1355. (1.) Any additional data, reports or 1nforma t10n as required by the ci ty Engineer. All documents shall be subject to rev l.ew by the ci ty Eng ineer and Ci ty Attorney. 53 e e SECTION 9354. Return to Subdi- vider's Engineer for Corrections. Upon completing the preliminary check the City Engineer shall note the required correc- tl.ons on the preliminary pr~nts, reports and data and return one set to the sub- div~der's engineer for revision. SECTION 9355. Resubmi ttal. The subdivider's engineer shall submit two sets of the revised map, reports and data to the City Engineer. After checking the revisions, one set shall be returned to the subdivider's engl.neer Marked approved as submitted, approved when corrected as noted or revise and resubMit. SECTION 9356. Approval by the City En9ineer and Plann~ng Director. Upon receipt of an approved print, the sub- divlder shall submit to the City Engineer the original tracing of the revlsed map, prepared J.n accordance with the Subd~vlslon Map Act and this Chapter and corrected to its final form, and signed by all partles requJ.red by the Subdivi- s~on Map Act and this Chapter to execute the certifl.ca te on the map. The Ci ty 54 e e Englneer and Dlrector of PlannJ.ng shall sign the appropriate certificates and transmJ.t the origJ.nal to the City Clerk. SECTION 9357. Approval of FJ.na1 Parcel Ma~. A final parcel map shall be approved or denied in accordance with the procedures set forth in Subchapter 3R. 55 . - Subchapter 3G. Procedures for Approval for Tentatlve Maps. SECTION 9360. Notice of Publ~c Hearings. Upon receipt of a val id ap- plication and upon receipt of the report and recommendatlons for the proposed ten- tatJ.ve map by the Director of Plann~ng, the Secretary of the PlannJ.ng Commission shall set the matter for public hearlng. At least 10 calendar days before the publlC hearing, the Secretary shall cause notice to be given of the time, date and place of sal.d hearing J.ncluding a general explanatlon of the matter to be con- sldered and a general description of the area affected, and the street address, if any, of the property involved. Notice shall be gJ.ven as follows: (a) Notice shall be published at least once l.n a newspaper of general cir- culation, published and circulated ~n the City. (b) Notice shall be given by mail or delivery to all property owners and tenants, J.ncludJ.ng businesses, corpora- tions or other public or prJ.vate 56 e e entities, within 300 feet of the property which lS the subject of the application. (c) In addition, l.n the case of a proposed converSl.On of reSl.dentlal real property to a condominlum proJect, com- munity apartment proJect or stock cooperative project, notice shall be gJ.ven as required by Subdivision Map Act. (d) In the event that the appll.ca- tion has been requested by a person other than the property owner as such property owner is shown on the last equalJ.zed as- sessment roll, notice shall be mailed to the property owner. (e) NotJ.ce shall be given by first class mall to any person Who has filed a written request with the Secretary of the Planning Commission. Such a request may be submitted at any time durlng the calendar year and shall apply for the balance of such calendar year. The CJ.ty may impose a reasonable fee on persons requesting such notJ.ce for the purpose of recovering the cost of such mailing. The failure to receive notice by any person entitled thereto by law or by this Chapter does not affect the validJ.ty 57 e - of any action taken pursuant to the procedures set forth in this Chapter. ~ SECTION 9361. Plannin9 Commission Action. The Planning Commis sion shall approve, condl.tional1y approve or deny the tentative map and shall report its decision to the City Council and the sub- dl. vlder wi thJ.n 50 days after the tenta- tive map has been accepted for filing. Any report or recommendation on a tenta- t~ve map by the staff shall be ~n writing and a copy thereof served on the sub- d~vider and on each tenant of the subJect property, in the case of a proposed con- verSlon of resldential real property to a condomJ.nJ.um project, community apartment proJect or stock cooperative proJect, at least three (3) days prior to any hearJ.ng or action on such map by such advisory agency or legislative body. SECTION 9362. Approval. (a) In approving or conditionally approving the tentative map, the Planning CommJ.SSl.on shall fl.nd that the proposed subdivlsion, together with its prOVl.Sl0nS for J.ts des~gn and l.mprovements, is 58 e e cons istent wi th applicable oeneral or specifl.c plans adopted by the City of Santa Monica. (b) If no action is taken by the Planning Comml.ssion wi thin the requl. r ed time limit, as specl.fied in the Subdl.vision Map Act, the tentative map as filed shall be deemed to be approved, in- sofar as it complies with other ap- pll.cable provisJ.ons of the Subdivision Map Act, thlS Chapter or other City or- dinances, and it shall be the duty of the Ci ty Clerk to certify the approval. A tentatl.ve map whJ.ch is deemed approved by the faJ.lure of the Planning Commission to act Wl thl.n the required tlme limit is subject to an appeal withJ.n ten (10) days of the date the tentative map is deemed approved. SECTION 9363. Denial. The tenta- tive map may be denl.ed by the Planning COmmlSS1.0n on any of the grounds provided by Cl.ty ordinances or the Subdivision Map Act. The Plannl.ng Commission shall deny approval of the tentatlve map l.f it makes any of the following findings: 59 e e (a) The proposed map is not consistent with applicable general and specific plans as specifJ.ed in Government Code Section 65451. (b) The design or improvement of the proposed subdi vislon J.S not cons is- tent with appll.cab1e general and specific plans. (c) The site J.S not physically sUJ.table for the type of development. (d) The site is not physically suitable for the proposed denisty of development. (e) The desl.gn of the subdlvlslon or the proposed lmprovements are 1J.kely to cause substantJ.al environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) The design of the subdivJ.sJ.on or the type of improvement is likely to cause serious public health problems. (g) The deslgn of the subdivisl.on or the type of improvements will conflict with easeMents, acquired by the public at large, for access through or use of, property wlthJ.n the proposed subdivision. In thls connectlon, the governing body 60 e e may approve a map lf lt flnds that alternate easements for access or for use will be provided, and that these will be substantlally equivalent to ones previous acquired by the public. ThJ.S subsectl.on shall apply only to easements of record or to easements estab11shed by judgment of a court of competent Jurlsdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property wJ.thJ.n the proposed subdivisJ.on. (h) The proposed subdivislon lS lnconsistent wlth any ordinance or law of the City of Santa Monica. SECTION 9364. Re:port to Clty Councl.l. If a tentative map is approved or conditionally approved, J.ncluding ap- proval by failure of the Planning Commlssion to act wlthin the time required by law, the Director of Planning shall make a wrJ. tten report to the Cl ty Counci 1 wi thin fl ve (5) days 0 f such approval. 61 e e SECTION 9365. Extension of Time for Planning Comml.ssion or CJ.ty Council Actlon. The tiMe limits set forth above for acting on the tentative map may be extended by mutual consent of the sub- divlder and the Planning Commission or the C~ty Council. SECTION 9366. Appeal. (a) By Subdi vider. I f the sub- dlVJ.der disagrees W1th any actlon by the Plann~ng Commission WJ.th respect to the tentatlve map, the subdivlder may, within 10 days of such declsion fJ.le an appeal J.n writing with the City Clerk. The City Council shall consl.der the appeal wlthin 30 days after the date of filing the ap- peal, unless the subdivider consents to a contlnuance. Thi S appe al sha 11 be a public hearing after notice has been given pursuant to Sectlon 9360. In addi- tion, notlce shall be given to the sub- divider and the Plannlng CommlSS1on. Upon conclusion of the public hearinq, the City counci 1 shall Wl. thJ.n ten days dec lare 1. ts findl.ngs. The CJ. ty Counci 1 may sustaln, modl.fy, reJect or over rule any recommendatJ.ons or rulings of the 62 " . Planning Commission and may make such flndings as are not inconsistent with the provisions of this Chapter or the Subdivislon Map Act. (b) By Interested Persons. Any in- terested person, including a member of the Planning Commission or Clty Council, may file a complaint in WTJ.tlng wlth the City Council concerning such decision. Any such complaint shall be filed wi th the Cl.ty Clerk Wl thin 10 days after the action Which is the sUbJect of the com- plalnt. No cOMplalnt may be fJ.led after the 10 day period. WithJ.n 10 days, or the next regular City council meeting following the flling of the complalnt, whichever is later, the City Council may, at 1. ts discretion, re j ect the compla in t or set the matter for hearing. If the Cl ty Council reJects the complalnt, the complalnant shall be notified of such ac- tJ.on. If the matter lS set for public hearJ.ng, a public hearlng shall be held wi thin 30 days after fillng of the com- plaJ.nt pursuant to the proced ures con- tained J.n Sectlon 9360 with addl. tlonal notlce being given to each person filing 63 - - a complaint. For purposes of this Chapter, lnterested person includes any resl.dent of the Cl.ty of Santa Monica. 64 e . Subchapter 3H. Procedures for Approval of Final Maps. SECTION 9370. Approval by Cl.t)' Councl.l. The final map together with the subdivision improvement agreement, shall be placed on the Clty Councll agenda for 1 ts approval. The Cl. ty Counci 1 shall consider the final map for approval at l.ts next regular meetl.ng after the meet- ing at Whl.ch lt receives the map prepared J.n ac cordance Wl th this chapter. The City Council shall have approved any sub- divisl.on improvement agreement before ap- proVl.ng the fJ.nal map. If the subdivision improvement agreement and final map are approved by the City Council, it shall instruct the Ci ty Manager to execute the agreement on behalf of the City. If the subdivision lmprovement agreement and/or final map does not meet the requlrements of the Subdlvision Map Act or this Chapter, the City Council shall deny the flnal map without preJudice to the subdivider resubmittlng a final map in compliance 6S - - Wl. th the Subdivider Map Act and th is Chapter. SECTION 9371. Denial by the City Councll. The City Councll shall not deny approval of the final map if it finds that the final map lS in substantial com- pliance with the prevlously approved ten- tatlve map. SECT ION 9372. Fi ling wi th the County Recorder. Upon approval of the final map by the Clty Council and receipt of the lmprovement securl ty hy the City Engineer, the City Clerk shall execute the appropriate certicate on the certifl- cate sheet and forward the map, or have an authorized agent forward the map, to the Clerk of the County Board of Supervisors for transmittal to the County Recorder. SECTION 9373. Submittal by Units. Multiple final maps relating to an ap- proved or condltionally approved tenta- tl.ve map may be filed prl.or to the ex- pJ.ration of the tentative map; provided, however, that the subdlvider, at the time the tentatlve map is filed, lnforms the 66 e e Dlrector of Planning of the subdivider's lntention to file multiple final maps on the tentative map. In prov idlng such notlce the subdivider shall not be required to deflne the number or con- figuration of the proposed mu1tlple maps. However, the Planning Commission shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or condi tlonally approved tentatJ.ve map shall not invalidate any part of the tentatJ.ve map. Each flnal map Which constitutes a part, or unit, of the approved tentative map shall have a separate subdivl.sion number. The sub- division improvement agreement to be ex- ecuted by the Subdivider shall provide for the construction of such J.mprovements as may be required to constitute a logi- cal and orderly development of the Whole subdivlslon by unJ.ts. 67 - e Subchapter 31. Expl.ratJ.on, Extensions and Amendments. SECTION 9380. ExpiratJ.on. (a) An approved or conditionally approved tentative map shall expJ. re 24 months after its approval or conditional approval. (b) The perJ.od of time specified in subdivision (a) shall not include any period of tiMe specl.fied l.n Government Code Sect~on 66452.6(b). (c) The perlod of time specified in subdivision (a) shall not l.nclude any period of time during which a lawsuJ.t has been flied and J.S pending in a court of competent Juri Sdl.ctlon invol v J.ng the ap- proval or condit1onal approval of a ten- tative map if a stay of the time period is approved pursuant to Sectlon 9382 of this Chapter. (d) The expiration of the approved or condl.tionally approved tentative map shall terMinate all proceedings and no f~nal map of all or any portJ.on of the real property included within the tentatl. ve map shall be filed W~ th the 68 - . legislative body pursuant to Government Code Sect10n 66457 w1thout first processing a new tentative map. Once a timely fJ.ling l.S Made, subsequent actions May lawfully occur after the date of ex- piration of the tentative map. SECTION 9381. Extensions. (a) Appllcation. Upon application of the subdivider filed prior to the ex- piration of the approved or conditionally approved tentative map, the time at Which the map exp1res may be extended by the Planning commission or CJ.ty council on appeal for a period or periods not ex- ceedlng a total of three years. (b) Request by Subdiv1der. The subdivl.der or hlS engineer may request an extension of the expiration date of the approved or conditionally approved tenta- tive map by wr1tten application to the D1rector of Planning. The applica tion shall be filed not 1es s than sixty (60) days before the map is to expire and shall state the reasons for requesting the extension. 69 e e (c) Planning Comm~ssion Actlon. The DIrector of Planning shall review the request and submJ.t the appllcatlon for the extension, together with a report, to the Planning Commlssion for approval or denial. A copy of the Director of Planning's report shall be forwarded to the subdlv~der prJ.or to the Plannlng Commission meetlng on the extension. The resolution adopted by the Plannlng Commission approving an extenslon shall specify the new expiration date of the tentative map. The Planning Commlssion shall act upon the request within thlrty (30) days of the fIl1ng of the written applIcatIon. (d) Time Limit of ExtensJ.on. The approved extensIon shall not exceed 3 years. (e) Appeal. The subdivider or any interested person may appeal any actJ.on of the PlannJ.ng Comm~SSlon on the exten- slon to the CIty Council within ten (10) of such action. The City Council act upon the appeal within twenty days shall (20) days. 70 e e SECTION 9382. Stay of Expiration. The subdJ. vider may apply to the Ci ty Council for a stay of the expiration of a tentat1ve subdivision or parcel map prov1ded an applicatlon J.5 filed pursuant to thl.S section wi thin 10 days of the serv J.ce of the l.ni tia1 petition or com- plal.nt ln a laws ui t invol ving the ap- proval or condl.tional approval of a ten- tatJ.ve subdiv1sion or parcel map. Upon receipt of a valid application, a public hear ing wi 11 be cond ucted pursuant to Section 9360 withl.n 40 days and the C1ty Counci 1 shall e1 ther stay the eXpl.rat1on of the tentative map for up to five years or deny the requested stay. SECTION 9383. Amendments to Approved TentatJ.ve Map. Minor changes ln the tentative map may be approved by the Director of Plannlng upon application by the subdJ. v1der or on the in i tJ.a tl ve of the Director of Plann1ng, provided: (a) No lots, units or bUl.lding Sl.tes are added. (b) Such changes are consistent wlth the intent and spirit of the original tentatlve map approval. 71 e e {c} There are no resultJ.ng violations of the Santa Monica Munlcipal Code. Any revisl.on shall be approved by the Directo r of P1annJ.ng and the Ci ty Engineer. The amendment shall be indi- ca ted on the approved map and certifJ.ed by the DJ.rector of Planning and the City Englneer. Amendments 0 f the tenta ti ve map other than Pl1nor shall be presented to the P1annlng Commission for approval. Proces sing shall be in accordance wi th Subchapter 3G. Any approved amendment shall not al ter the explration date of the tenta- tl.ve map. 72 e e Subchapter 3J. Standards For Declsions. SECTION 9390. Lot Size. Sizes of lots in any subdiv1sion shall be commen- surate with the size of lots in con- tiguous or adJacent areas but ln no event shall any lot have less than fifty (50) feet of street frontage or less than five thousand (5,000) square feet of net area. SECTION 9391. COITIpliance with Condominium Law. No tentative map shall be approved under this Chapter for any subdivislon or parcel that does not meet the requirements of the Condom1nium La w contained l.n Section 9122 of this Code. SECTION 9392. Non-Discriminatl.on. All tentative maps shall be cond1tioned upon the Declarat10n of Covenants, CondJ.tions, and Restrictions containing a non-d1scrimination clause in substantial- ly the following fom: "No unit owner shall execute or fi Ie for record any instrument Which im- poses a restrJ.ction upon the sale, leasing or occupancy of h1S or her unit 73 e e on the basis of sex, race, color, rellgion, ancestry, national origin, age, pregnancy, marJ. tal status, fam1l y com- pos1t1on, or the potentJ.al or actual oc- cupancy of minor children. A condominium assocl.ation shall not dlscriminate on the basis of sex, race, color, religl.on, an- cestry, national orlgin, age, pregnancy, marital status, fam1ly composition, or the potentl.al or actual occupancy of minor chl1dren." SECTION 3. Any provlslon of the Santa Monica Mun1cJ.pal Code or appendices thereto inconsistent with the provislons of this ordinance, to the extent of such inconsJ.stenc1es and no fur- ther, are hereby repealed or modif1ed to that extent necessary to affect the provisions of this ord1nance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decl.sion of any court of any competent jurisdiction, such decls10n shall not affect the validity of the remainl.ng portions of the ordinance. The City Counc i 1 hereby declares that it would have passed this ordinance and each and every section, subsectlon, sentence, clause or phrase not declared J.nvalld or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared in- valid or unconstitutional. 74 e .. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of th~s ord~nance. The City Clerk shall cause the same to be publlshed once in the offlc~al newspaper Wlthln 15 days after its adopt~on. The ordinance shall become effect~ve after 30 days from its adoptlon. APPROVED AS TO FORM: ~ 1M.. \v~ n Robert M. Myers CJ.ty Attorney 75 . e ADOPTED AND APPROVED iHIS 24th DAY OF January . 1984. ~~ ~!- MAYOR I HEREBY CERTIFY THAT THE FOREGOING QRDINANCE. NO. 1294 (ces). WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF January 1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEET I NG OF THE CITY COUNC I l ON THE 24th DAY OF January 1984 BY TH E FOLLOW ING COUNC I L VOTE: ~ AYES: COUNCILMEMBERS: Conn, Epstein, Jennlngs, Press, Reed, Zane and Mayor Edwards NOES: COUNCILMEHBERS: None ABSENT: COUNCIlMEMBERS: :\Tone ~BSTAIN: COUNCILMEMBERS: l\one ATTEST: "- ~ (t;A/~ C1TY CLERK /' ./ ,.