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SR-022796-6A 6A f:\atty\muni\strpts\mhs\subdiv.2d ' - City Council Meeting 2-27-96 santa Monica, caf:m~n~J996 TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Amending various Sections of Santa Monica Municipal Code Chapter 9.20 Regarding Subdivisions INTRODUCTION At its meeting on February 13, 1996, the City Council introduced for first reading an ordinance amending various sections of Santa Monica Municipal Code Chapter 9.20 regarding subdivisions. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney Mary H. Strobel, Deputy City Attorney 6A FEB 2 7 1996 j . CA:f:\atty\muni\laws\mhs\subdiv.2 City council Meeting 2-27-96 Santa Monica, California ORDINANCE NUMBER 1842 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF SANTA MONICA MUNICIPAL CODE CHAPTER 9.20 REGARDING SUBDIVISIONS WHEREAS, the Planning commission recommended that certain amendments be made to Santa Monica Municipal Code Chapter 9.20 governing subdivisions in order to accommodate air rights subdivisions; and WHEREAS, certain other amendments to Chapter 9.20 are necessary for clarity, convenience of administration or to ensure compliance with state law, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION L Section 9.20.02.050 of the Santa Monica Municipal Code is amended to read as follows: '.20.02.050 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Advisory Agency. A designated official or an official body charged with the duty of making 1 1 , investiqations and reports on the desiqn and improvements of proposed divisions of real property. (b) Air Space Lot. A division of the space above or below a lot, or partially above and below a lot havinq finite width, lenqth, and upper and lower elevations, occupied or to be occupied by a use, buildinq or portion thereof, qroup of buildinqs or portions thereof, accessory buildinqs or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final SUbdivision or parcel map recorded in the Office of the County Recorder. (c) Block. The area of land within a subdivision which area is entirely bounded by streets, hiqhways or ways, except alleys, or the exterior boundary or boundaries of the subdivision. (d) community Apartment. A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the riqht of exclusive occupancy of any apartment. (e) Condominium. An estate in real property consistinq of an undivided interest in common in a portion of a parcel of real property toqether with a separate interest in space in a residential, industrial or commercial buildinq on such real property, such as an apartment, office, or store. A condominium may include, 2 ; . in addition, a separate interest in other portions of such real property. (f) Conversion. The creation of separate ownership of existing improved real property together with a separate interest in space of residential, industrial or commercial buildings thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment. (g) Cooperative Apartment. Pursuant to the City's authority to regulate sUbdivisions not regulated by the Subdivision Map Act as authorized by Government Code section 66411, a project of more than three units in which an undivided interest in land is coupled with the right of occupancy of any apartment located thereon, whether such right is contained in the form of a written or oral agreement, when such right does not appear on the face of the deed. (h) D.siqn. street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or 3 , . implementation of the General Plan or any adopted specific plan. (i) Final Hap. A map showing a sUbdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the County Recorder. (j) Pinal Parcel Hap. A final map for a parcel. (k) Final Subdivision Hap. A final map for a subdivision. (1) General Plan. The General Plan of the City of santa Monica. (m) X.prov_ant. street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for pUblic or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to convenient to insure conformity 4 ~ to or implementation of the General Plan or any adopted specific plan. (n) Lot. A parcel or portion of land separated from other parcels or portions by description, as on a sUbdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use. Lot includes air space lot as defined herein. (0) Lot Line Adjustment. A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created. (p) .er'ler. The joining of two (2) or more contiguous parcels of land under one ownerShip into one parcel. (q) Subdivision Map Act. The Subdivision Map Act of the State of California. (r) Parcel Map. A map showing a division of land of four (4) or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the SUbdivision Map Act. (s) peripheral Street. An existing street whose right-Of-way is contiguous to the exterior boundary of the sUbdivision. (t) Remainder. That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision 5 . but must be shown on the required maps as part of the area surrounding subdivision development. (u) stock cooperative. A corporation as defined in Business and Professions Code section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation. (v) Subdivider. A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities acting in such capacity, are not "subdividers." (w) Subdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in california civil Code Section 1351(f), a community apartment project, as defined herein or in California civil Code Section 1351(d), a stock cooperative, as defined herein 6 0 or in California civil Code section 1351(m), a cooperative apartment as defined herein, or two or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein. (x) Subdivision Map. A map showing a division of land of five (5) or more parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (y) Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. (z) Tentative Parcel Hap. A tentative map for a parcel. (aa) Tentative Subdivision Map. A tentative map for a SUbdivision. (bb) Zoning Ordinance. Chapter 9.04 of the Municipal Code. SECTION 2. section 9.20.04.020 of the Municipal Code is amended to read as follows: 7 1.20.04.020 Five or .ore paraels. A tentative subdivision map and final subdivision map shall be required for all divisions of land into five (5) or more parcels, five (5) or more condominiums as defined in civil Code section 783, a community apartment project containing five (5) or more units, a stock cooperative containing five (5) or more units, a cooperative apartment containing five (5) or more units, or an air space subdivision containing five or more lots. SECTION 3. Section 9.20.04.030 of the Municipal Code is amended to read as follows: 9.20.04.030 Four or less parcels. A tentative parcel map and final parcel map shall be required for all divisions of land which create four (4) or less parcels, four (4) or less condominiums as defined in civil Code Section 783, a community apartment project containing four (4) or less units, a stock cooperative containing four (4) or less units, a cooperative apartment containing four (4) or less units, or an air space subdivision containing four or less lots. SECTION 4. Section 9.20.06.040 of the Municipal Code is amended to read as follows: 9.20.06.040 Submittal and processing of tentative subdivision maps. S ~ The tentative subdivision map shall be accepted for filing only when such map conforms to section 9.20.06.020 and when all accompanying data or reports as required by section 9.20.06.030 have been submitted and accepted by the Director of Planning. The Director of Planning shall accept or reject such maps for filing in writing within thirty (30) days of the date of submittal. Any map which is rejected for filing shall specify the reasons for the rejection. The time periods for acting upon such maps shall commence from the date of the letter accepting the map for filing. The subdivider shall file with the Director of Planning the number of tentative maps that the Director of Planning deems necessary. SECTION 5. section 9.20.06.060 of the Municipal Code is amended to read as follows: 9.20.06.060 Vesting tentative map. (a) A "vesting tentative map" is a tentative map as defined in this Chapter which shall have printed conspicuously on its face the words "Vesting Tentative Map" and which is processed in accordance with this Section. (b) Whenever a tentative map is required by this Chapter, a vesting tentative map may be filed instead. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative 9 1 , map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (c) A vesting tentative map shall be processed in the manner provided in sections 9.20.06.040 and 9.20.06.050 of this Chapter. A vesting tentative map shall be filed in the same form and with the same content as provided in Sections 9.20.06.020 and 9.20.06.030 of this Chapter except that the words "Vesting Tentative Map" shall be conspicuouslY printed on the face thereon. (d) A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter. (e) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of the date the application for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code section 66474.2. If Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. Approval of a 10 , vesting tentative map shall in no way limit or diminish the authority of the City to deny or impose reasonable conditions in conjunction with subsequent approvals relating to the project provided the City applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map. (f) Notwithstanding Subsection (e) , the City may condition or deny a permit, approval, extension, or entitlement for use based upon ordinances, policies and standards enacted subsequent to the time the vesting tentative map is approved or conditionally approved if any of the following are determined: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law. (g) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. After the final map is approved, the rights referred to in this Section shall apply for the following time periods: (1) An initial time period of one year after recordation of the final map. Where several final maps are recorded on various phases of a project covered by a 11 single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period provided in Subsection (g)(1) shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if the time to process the application exceeds thirty (30) days from the date a complete application is filed. (3) A subdivider may apply to the Planning commission for a one year extension at any time prior to the expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City council within fifteen (15) days. (4) If the subdivider submits a complete application for a building permit during the time period provided in this section, the vested right to proceed shall be extended until the expiration of the building permit or any extension of that permit granted by the City. (h) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. 12 , The City shall deny such a vesting tentative map or approve it conditioned upon the subdivider obtaining the necessary change in the zoning Ordinance to eliminate the inconsistency. If the change in the Zoning Ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with development in substantial compliance with the change in the Zoning Ordinance and the map as approved. (i) Notwithstanding any provision of this Section, a property owner or his or her designee may seek approvals or permits for development which departs from the ordinances, policies and standards described in Subsection (e) , the City may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. SECTION 6. section 9.20.08.030 of the Municipal Code is amended to read as follows: '.20.08.040 Contents. The contents of the final subdivision map shall conform to the Subdivision Map Act and as set forth below: (a) BOUll4ary. The boundary of the subdivision shall be designated by a heavy black line in such manner as not to obliterate figures or other data. 13 , (b) 'ritle. Each sheet shall have a title showing the subdivision number and name and location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United states survey. The following words shall appear in the title, "In the City of Santa Monica." (c) Certificates. The following certificates shall appear only once on the cover sheet. (1) OWIIer's certitiClate. A certificate, signed and aCknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-wav, easements, other interests which cannot ripen into a fee, or other exceptions provided by the SUbdivision Map Act, and consenting to the preparation and recordation of the final subdivision map and offering for dedication to the public certain specific parcels of land. (2) Enqineer'. certificate. A certificate by the engineer or surveyor responsible for the survey and final subdivision map shall appear on the map. The certificate shall give the date of the survey, state that the survey and final subdivision map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown. The certificate shall also state that all monuments are of the character and occupy the positions 14 indicated, or that they will be set in such position on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall be in the form required by the Subdivision Map Act. (3) city Bnqineer's certificate. A certificate by the city Engineer stating that the final subdivision map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the sUbdivision Map Act and the provisions of the Chapter, and is technically correct. The City Engineer shall not execute such certification until receiving a report from the Director of Planning of compliance with all conditions of the tentative subdivision map. The certification shall be conditional on the City Council finding that all conditions of the tentative subdivision map have been complied with. (4) City Clerk's certificate. A certificate for execution by the city Clerk stating the date and number of the resolution adopted by the City Council approving the final subdivision map and stating that the city Council accepted, accepted subject to improvement or rejected on behalf of the pUblic, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. 15 (5) County Recorder's Certificate. A certificate to be executed by the County Recorder stating that the final sUbdivision map has been accepted for filing, that the final subdivision map has been examined and that it complies with the provisions of state laws and local ordinances governing the filing of final subdivision maps. The certificate shall show who requested the filing of the final subdivision map, the time and date the map was filed and the book and page where the map was filed. (6) county Clerk's certificate. A certificate to be executed by the County Clerk stating that all taxes due nave been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the county. (d) scale, Horth Point and Ba.is of B.aring's. There must appear on each map sheet the scale, the north point and the basis of bearings in relation to a previously recorded final map, and the equation of the bearing of true north. The basis of bearings shall be approved by the city Engineer. (e) Linear, Angular and Radial nata. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision 16 , and of the boundary lines on every lot and parcel which is a part thereof. Length, radius and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the final subdivision map. (f) Konuaents. The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from off-sets as approved by the City Engineer) the following locations: (1) The intersection of street centerlines. (2) Beginning and end of curves in centerlines. (3) At other locations as may be required by the city Engineer. (g) Lot Numbers. Lot numbers shall begin with the nnmi'>er 1 in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final subdivision map, unless approved by the City Engineer. (h) city Boundaries. city boundaries which cross or join the sUbdivision shall be clearly designated. 17 , (i) str..t 11_... The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown. (j) Eas_ents. Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the pUblic for acceptance by the City or other public agency, and the use shall be specified on the final subdivision map. If at the time the final subdivision map is approved, any streets, paths, alleys or storm drainage easements are not accepted by the city council, the offer of dedication shall remain open and the City council may, by resolution at any later date, accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in 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 serial number and date, or book and page of official records. Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the final SUbdivision map, identifying the apparent dominant tenements for which the easements was created. 18 . The sidelines of all easements of record shall be shown by dashed lines on the final sUbdivision map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city Engineer. (k) Subdivi.ion zaprov...nt Agr....nt.. If, at the time of approval of the final map, any public improvements required pursuant to this Chapter have not been completed and accepted in accordance with the conditions of the tentative map, the subdivider shall enter into an agreement with the City to either complete the improvements at the subdividers expense or to create a special assessment for the financing and completion of such improvements. The city shall require a security guarantee for the completion of any such improvements. (1) For subdivisions of air space, an exploded isometric view of all airspace lots shall be provided. Also section details, including vertical limits for all lots and pUblic easements within the sUbdivision shall be furnished. SECTION 7. section 9.20.20.030 is added to the Santa Monica Municipal Code to read as follows: '.20.20.030 Air space Subdivision. For air space subdivisions, minimum lot size, lot dimension and lot area requirements, parking 19 , , requirements, setback requirements, building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property shall be determined for the air space lots as if all lots in the air space subdivision were merged into the same lot. All tentative maps creating air space lots, other than condominiums, community apartments, or cooperative apartments, shall be conditioned upon the recordation, prior to final map approval, of deed restrictions, or other instruments in a form acceptable to the city Attorney, which: (a) ensure that the air space lots have access to appropriate pUblic rightS-Of-way by means of one or more easements or other entitlements to use, in a form satisfactory to the City Engineer; and (b) restrict each lot so that minimum lot size, dimension and area requirements, parking requirements, setback requirements building density limitations, building envelope limitations, yard requirements, landscaping requirements, inclusionary housing requirements, Building Code and other technical code requirements, and other standards affecting the development of the property are determined for the air 20 space lots as if all lots in the air space subdivision were merged into the same lot. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 21 SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: }J~(dif.t~~ City Att ey 22 . dJ~ Mayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa Maruca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa Maruca, do hereby certIfy that the foregomg OrdInance No 1842 (CCS) had Its fIrst readIng on Februarv 13. 1996 and had Its second readmg on February 27. 1996 and was passed by the folloWIng vote Ayes CouncIl members Abdo, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam Councll members None Absent Council members Ebner ATTEST ~-Q~ ~ Clty Clerk