O1294
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CA:RMM:rm9300
City Council Meeting 1-24-84
Santa Monica, California
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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Municipal Code are repealed.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.
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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
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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.
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(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
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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.
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(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
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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
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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.
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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
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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.
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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.
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(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.
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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.
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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
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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.
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(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.
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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.
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(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.
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(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
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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.
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(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
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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-
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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
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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
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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.
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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
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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
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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:
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(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
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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
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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
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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.
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(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
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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
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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.
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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:
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(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.
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(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
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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.
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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.
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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
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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
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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.
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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
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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.
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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
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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
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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
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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:
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(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
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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.
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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
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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
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a complaint. For purposes of this
Chapter, lnterested person includes any
resl.dent of the Cl.ty of Santa Monica.
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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
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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
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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.
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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
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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.
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(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.
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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.
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{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.
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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
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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.
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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
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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
/'
./
,.