SR-121383-8A~ L ;
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City Council Meeting 11-22-83
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJ6'CT: Proposed Subdivision Ordinance
INTRODUCTION
The existing Subdivision Ordinance of the City of Santa
Monica is contained in Article IX, Chapter 3 of the Santa Monica
Municipal Code., Article IX, Chapter 3 was adopted on May 2,
1950, and has not been substantially revised despite extensive
changes in the Subdivitiiw:; i5ap .?; c'. Th® purpose of the proposed
Subdivision Ordi~z.ar.°e is to supplement and implement the
Subdivision Map Act as amendeda
On March 15, 1983, the City COllRC1J. referred the proposed
subdivision ordinance to the Planning Commission for comments.
On May 16, 1983, the Planning Commission conducted a public
hearing on the proposed Subdivision Ordinance. The Planning
Commission unanimously recommended approval of the proposed
Subdivision Ordinance subject to clarification that it would not
create any additional requirements to those set forth in state
law for limited equity cooperatives.
ANALYSIS OF PROPOSED ORDINANCE
procedures for the orderly review of subdivisions. The proposed
Subdivision Ordinance does not make any substantial changes in
the basic authority of the various City. agencies. The City
Engineer will determine technical compliance with the Map-Act.
The Director of Planning will investigate and make
recommendations cn proposed .subdivisions. The Planning
Commission will approve., conditionally approve, or deny
applications .for tentative subdivision maps. The City Council
will approve final subdivision maps and funr_tion as the appeal
board fcr the Planning Commission.
The following is an analysis of eac,t chapter of the
proposed Subdivision Ordinance,
Subchapter 3A. General Provisions and Responsibilities.
This chapter provides that all divisicns of land must comply with
the Subdivision Map Act, CEQA, applieable general and saer_ific
plans, Charter Amendment Article XVZZZ (Rent Control Law), and
ali other local laws regulating the subdivision of real property.
The Subdivision Ordinance will aaply to condominiums, community
apartments, stock cooperatives and other subdivisions.
Subchapter 3B. Recuirements for Maps. 'T'his chapter
provides that a subdivision map will be required for the creation
of 5 or more subdivided units and a parcel map will be required
£or all other subdivisions. A map will not be required for minor
lot line adjustments which da not create additional parcels.
Subchapter 3C. Tentative Subdivision Maps. This chapter
sets forth the technical requirements for the preparation of a
tentative subdivision map. A subdivider must submit the
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following documents in conjunction with an application for a
tentative subdivision map:
1, A Preliminary Title Report.
2. Appropriate Environmental Documents.
3. Housing Element Compliance Plan.
4. Building Plans and Elevations.
5. Landscape Plan.
6. Condominium Specification Checklist.
7. CC & R's.
B. Tenant Displacement 'List.
9. Tenant Notice of Intent to Convert.
10. Notice of Intent to Convert.
11, Building Condition and History Report.
12. Ccrversion Report.
13. Energy Conservation Plan.
14. Application for Conditional Use Permit.
15. Radius Map and Mailing List.
15. Preliminary Soil Report.
i7. Such other data or reports deemed necessary by the
Director of Planning.
Subchapter 3D. Final Maps. This chapter sets fcrth the
technical requirements for the preparation of a final subdivision
and parcel map, The final map must include the following
certificates:
1. Owner's Certificate signed by all parties with an
interest in the subject property.
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2. Engineer's Certificate acknowledging technical
compliance of the maps.
3. City Engineer's Certificate verifying compliance with
the Subdivision Map Act.
4. City Clerk's Certificate stating the date of City
Council approval of the final map.
5. County Recorder's Certificate stating compliance with
applicable state and local laws.
5. County Clerk's Certificate stating that all taxes and
tax bonds have bean satisfied.
Subchapter 3E. Tentative Parcel Maps. This chapter sets
forth the technical requirements for the preparation of a
tenative parcel map. Parcel maps will be approved or denied in
the same manner as tentative subdivision maps. A procedure is
established for the waiver of a parcel map of±er a hearing before
the Planning Commission.
Subchapter 3F. Final Parcel Maps. This chapter provides
that a final parcel map shall conform to the requirements for a
final subdivision map and shall be processed in the same manner.
Subchapter 3G. Procedures for Approval for Tentative Maps.
This chapter establishes the procedure for the approval,
conditional approval., or denial of tentative subdivision and
parcel maps. The procedure includes a duly noticed public
hearing before the Planning Commission. The Planninq_ Commission
must act within 50 days after the acceptance of an application
for filing or the application is deemed approved.
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In approving or conditionally approving a tentative map,
the Planning Commission must find that it is consistent with
applicable general and specific plans. The Planning Commission
is required to deny a tentative map for a variety of reasons,
including if the subdivision is inconsistent with applicable
general or specific plans, the subdivision is inconsistent with
Article IX of the Municipal Code, the site is not physically
suited for the type and density of the development, there is a
likelihood of environmental damage, or the subdivision interferes
with established public easements.
Any interested person can appeal the decision of the
Planning Commission within l.0 days. The City Council shall
consider the appeal within 30 days.
Siib C~'ia vter 3H. PrOCedUreS xOr ApprCVal Cf ~1n31 MaDS,
'T'his chapter provides that the City Council shall consider a
final map at its next regular meeting after the meeting at which
it receives the map. The City Council shall approve a final map
that is in substantial compliance with the tentative map.
Subchapter 3I. Expiration, Extensions, Amendments. This
chapter provides that a tentative map shall expire within 24
months except in certain specified conditions. The Planning
Commission can extend a tentative map for an additional 3 years.
The Director of Planning and the City Engineer must approve
any minor amendments to a map. Major amendments must be approved
by the Planning Commission.
Subchapter 3J. Standards for Decision. Subdivisions sYiall
be in compliance with the Condominium Law set forth in Section.
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9122 of the Municipal Code and the requirements for minimum lot
size.
RESPONSE TO COMMENTS
As indicated above, the only concern of the Plannino
Commission related to the application of the proposed ordinance
to limited equity cooperatives. The Planning Commission desired
the proposed ordinance to apply to limi*_ed equity cooperatives
only to the ex+_ent required by state law.
The proposed Subdivision Ordinance is silent as to its
application to limited equity cooperatives. Section 9311 of the
proposed Subdivision Ordinance provides that a subdivision map is
required for the ereation of 5 or more stock cooperatives.
Section 9304(s} of the proposed Subdivision Ordinance, as well as
Government Code Section 66424, define stock cooperatives as a
corporation as defined in Business and Professions Code Section
21003.2. Section 9304(u} of the proposed Subdivision Ordinance
provides that a subdivision does not include anything excuded
from the definition of a subdivision as provided in the
Subdivision Map Act.
Business and Professions Coda Sectian 11003.2 defines stock
cooperatives and explicitly excludes limited equity cooperatives
from this definition. Business and Professions Code Sectian
11003.4 defines limited equity eooperatives and exempts certain
classes from the requirements of the Subdivided Lands Act set
forth Business and Professions Code Section 11000 et sec.
Accordingly, a limited equity cooperative is not subject to the
Subdivision Map Act or the proposed Subdivision Ordinance. (A
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limited equity cooperative would require a conditional use permit
pursuant to Municipal Code Section 9122.)
The only publie comment was received from the Southern
California Edison Company which requested the inclusion of a
provision that a subdivision map not be required for land
conveyed to or from a public utility for utility rights of way.
SoCa1 Edison further requested clarification tha± any conveyance
t_o a governmental agency, public entity, or public utility shall
not be considered a division of land for purposes of computing
the number of parcels in a subdivision.
The proposed Subdivision Ordinance has been revised to be
consistent with the scope of the Subdivision Map Act as it
applies to the transfer of rights of way to or from a public
utility. {See Section 9313{c).) Sectior. 9304{u) of the proposed
Subdivision Ordinance provides an adequate clarification that 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 in a subdivision.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Jonathan S. Horne, Deputy City Attorney
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