SR-400-003 (5)
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CA:RMr1:r
Cl.ty Council Meeting 1-IO-84
Santa Monlca, Callfornia
STAFF REPORT
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JAN 1 0 1984
TO:
Mayor and Clty Councll
FROB:
Clty Attorney
SUBJECT:
Proposed Subdivision Ordinance
INTRODUCTION
The eXlsting Subdivision Ordinance of the Clty of Santa
Mon~ca lS contained In Artlcle IX, Chapter 3 of the Santa Monica
r.lunicipal Code.
Article IX. Chapter 3 was adopted on May 2,
1950, and has not been substantlally revised despite extens 1. ve
changes in the Subdlvision Map Act.
The purpose of the proposed
SubdlVlsion Ordinance 15 to supplement and 1mplement the
Subdivis~on Map Act as amended.
On March 15, 1983, the City Councll referred the proposed
subdlV1Slon ordlnance to the Plannlng COIT\TIliss1on for comments.
On May 16, 1983, the Plannlng Commisslon conducted a public
hearing on the proposed Subd i v l5 lon Ord inance .
The Planning
CommlSSlon unanimously recommended approval of the proposed
Subdlvlsion Ordinance subject to clarificatlon that lt would not
create any addit~onal requlrements to those set forth in state
law for limited equlty cooperatives.
ANPLYSIS OF PROPOSED ORDINANCE
The proposed Subdlvision Ordinance complies wlth the
Subdlvls~on Map Act and provides consistent standards and
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procedures for the orderly review of subdivlsions.
The proposed
Subdivision Ord~nance does not make any substantial chang es ~n
the baslc authorlty of the varlOUS City agencJ..es. The Clty
Eng lneer will deterIlune technical compllance Wl th the Map Act.
The Dlrector of Planning will lnvestigate and Make
recommendatlons on proposed subdivlsions. The Planning
CornmisSJ..on will approve, conditionally approve, or deny
applica tions for tentatl. ve subd~ vislon maps. The Cl. ty Counc il
wl.ll approve f~nal subdi vlsion maps and function as the appeal
board for the Plannlng Commisslon.
The following 1.5 an analysis of each chapter of the
proposed Subdivislon Ordinance.
Subchapter 3A. General ProvislonS and Responsibil1ties.
ThlS chapter provides that all dlvisions of land must comply with
the Subdi vl.sion Map Act, CEQA, appllcable general and spec if lC
plans, Charter Amendment Art~cle XVIII (Rent Control Law), and
all other local laws regulating the subdivlsl.on of real property.
The Subdivl510n Ordinance will apply to condoffil.nl.ums. communl ty
apartments, stock cooperatlves and other subdivislons.
Subchapter 3B. Requlrements for Maps. This chapter
provides that a subdlvislon map will be required for the creatlon
of 5 or more subdlvided units and a parcel Map wl.ll be requlred
for all other subdivisl.ons. A map will not be requlred for minor
lot Ilne adJustments whlch do not create additional parcels.
Subchapter 3C. Tentative Subdivislon Maps. This chapter
sets forth the technical requlrernents for the preparation of a
tentative subdlvlsion nap. A subdJ..V1der must submit the
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following documents in conjunction with an applicatl.on for a
tentatlve subdivislon map:
1. A Preli~lnary Title Report.
2. Approprlate Envlronmental Documents.
3. Houslng Element Conpl~ance Plan.
4. BUllding Plans and Elevations.
5. Landscape Plan.
6. Condominium Speclf~cation Checklist.
7 . CC & R' s .
8. Tenant Displacement List.
9. Tenant Notlce of Intent to Convert.
10. Notice of Intent to Convert.
11. Building Condltion and History Report.
12. Conversion Report.
13. Energy Conservatlon Plan.
14. Appllcation for Conditlonal Use Permit.
15. Radius Map and Malling Llst.
16. Prelimlnary Soil Report.
17. Such other data or reports deemed necessary by the
Director of Plannlng.
Subchapter 3D. Flnal Maps.
This chapter sets forth the
technlcal requirements for the preparation of a flnal subdivision
and parcel map. The final map must include the followlng
certlfl.cates:
1. Owner's Certiflcate slgned by all partles wlth an
lnterest In the subJect property.
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2.
Eng~neer's
Certlficate
acknowledging
technlcal
compl~ance of the maps.
3. City Engineer's Certificate verifYlng compllance w1tp
the Subdlvision Map Act.
4. Clty Clerk's Certlficate statlnq the date of City
Councll approval of the final map.
5. County Recorder's Certificate statlng compliance with
appllcable state and local laws.
6. County Clerk's Cert~flcate statlng that all taxes and
tax bonds have been satlsfied.
Subchapter 3E. Tentative Parcel Maps. This chapter sets
forth the technical requirements for the preparation of a
tenati ve parcel map. Parcel maps will be approved or denled in
the same manner as tentative subdivision JTlaps. A procedure ~s
established for the waiver of a parcel map after a hearing before
the Planning Commission.
Subchapter 3F. Final Parcel Maps. This chapter prov 1des
that a flnal parcel map shall conform to the requirements for a
flnal subdivlsion map and shall be processed in the sane manner.
Subchapter 3G. Procedures for Approval for Tentative Maps.
Thls chapter establ1shes the procedure for the approval,
condltlonal approval, or denial of tentative subdivislon and
parcel maps.
The procedure l.ncludes a duly not~ced publlc
hearing before the Plannlng CommiSSlon.
The Planning CommlSS1on
must act wi thin 50 days after the acceptance of an appl~ca tion
for f111ng or the appllcation lS deemed approved.
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In approving or conditionally approving a tenta ti ve map I
the Plannlng cOP1ITlission must find that It l.S conslstent wlth
appll.cable general and specific plans. The Plannlng Comission
is required to deny a tentative map for a variety of reasons,
lncludlng lf the subdl vision lS lncons lstent Wl th applicable
general or speclfic plans, the subdl VlSlon is lnconslstent Wl th
Artlcle IX of the Municipal Code, the si te lS not phys ically
SUl. ted for the type and denSl ty of the development. there is a
11kelihood of environmental Damage, or the subdivlslon interferes
w~th established publlc ease~ents.
Any interested person can appeal the deC1Slon of the
Plannlng Commission wlth1n 10 days. The City Council shall
conSlder the appeal withln 30 days.
Subchapter 3R. Procedures for Approval of Flnal Maps.
Thl.S chapter prov1des that the Clty councl1 shall consider a
flnal map at lts next regular meeting after the meetlng at whlch
lt receives the map. The clty councll shall approve a final map
that lS 1n substantial compliance wlth the tentative nap.
Subchapter 3I. Expiratlon, Extensions, Amendments. ThlS
chapter provides that a tentative map shall expire wlthl.n 24
months except in certa1n speclfled conditions. The Planning
Commission can extend a tentatlve map for an additional 3 years.
The Dlrector of Plannina and the City Englneer must approve
any ID1nor amendments to a map. MaJor amendments must be approved
by the Plannlng Commisslon.
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Subchapter 3J. Standards for DeC1S1on.
Subdivisions shall
be ln compliance Wl th the CondOmlnl.Um Law set forth ln Sectl.on
9122 of the Munl.cipal Code and the requlrements for minimum lot
Slze.
RESPONSE TO COMMENTS
As l.ndl.cated above, the only concern of the Plannl.ng
Comm1s sion related to the appll.cation of the proposed ordinance
to limited equlty cooperatives. The Plannlng Commlssion deslred
the proposed ordinance to apply to Ilmi ted equl ty cooperatives
only to the extent required by state law.
The proposed Subdivision Ordlnance 1S silent as to its
application to ll.mlted equlty cooperat1ves. Sect10n 9311 of the
proposed Subdivislon Ordinance provides that a subdivision ~ap lS
required for the creat10n of 5 or more stock cooperatives.
Section 9304(s) of the proposed Subdivision Ordlnance, as well as
Government Code Section 66424, define stock cooperatives as a
corporatlon as defined 1n BUS1ness and Profes sions Code Section
11003.2. Section 9304(u) of the proposed Subdivision Ordinance
provldes that a subdlvislon does not include anything excuded
from the defln1tion of a subdlvision as provided in the
Subdivision Hap Act.
Buslness and Profess1ons Code Sectlon 11003.2 deflnes stock
cooperatl.ves and explicitly excludes 11mited equity cooperatives
from this definltion. Busl.ness and Professions Code Section
11003.4 defines limited equl ty cooperatl ves and exempts certain
classes from the requirements of the Subdivided Lands Act set
forth Buslness and Professlons Code Section 11000 et seq.
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Accordingly, a Ilffil.ted equity cooperatlve lS not subJect to the
Subdlvlsion Map Act or the proposed Subdlvision Ordlnance. (A
limited equlty cooperatl.ve would require a conditional use permit
pursuant to Munic1pal Code Sectlon 9122.)
The only public COffilTlent was rece 1 ved from the Southern
Callforn~a Edison Company whlch requested the lnclusion of a
provlsion that a subdivision map not be requl.red for land
conveyed to or from a publlC utility for utility rlghts of way.
SoCal Edison further requested clarification that any conveyance
to a governIDental agency, public entlty, or publlC utillty shall
not be consl.dered a dlv~sion of land for purposes of computing
the number of parcels in a subdlvision.
The proposed Subdl VlSlon Ordinance has been rev1sed to be
consistent with the scope of the Subdlv1sion Map Act as lt
applles to the trans fer of rlghts of way to or from a publlc
utlllty.
(See Sectlon 9313(c).) Sectlon 9304(u) of the proposed
Subdivislon Ordlnance prov1des an adequate clarification that any
conveyance of land to a governmental agency, public entity, or
pUblic utllity shall not be considered a dlvlslon of land for
purposes of computlng the number of parcels 1n a subdivision.
RECOMMENDATION
It is respectfully recommended that the accompanYlnq
ordinance be introduced for first reading.
PREPARED BY:
Robert M. Myers. City Attorney
Jonathan S. Horne. Deputy Clty Attorney
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