Loading...
SR-121383-8A~ L ; K .,-y CA:RMM:r 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 2 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. 3 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. 4 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. 5 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 6 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 7