Chapter 12.10
PROCEDURES
Sections:
12.10.020 Lot line adjustment.
12.10.030 Parcel map exemption.
12.10.040 Tentative parcel map.
12.10.060 Tentative tract map.
12.10.065 Vesting tentative map.
12.10.080 Ministerial approval of parcel map for an NL zone residential lot split.
12.10.010 General provisions.
(a) The procedures set forth in this chapter shall govern the preparation, filing, processing, approval, conditional approval, or modification of lot line adjustments, parcel map exemptions, tentative parcel maps, parcel maps, tentative tract maps, vesting tentative tract maps, and tract maps. (Ord. 1684 § 5, 1-13-86).
(b) The time limits specified in this chapter for reporting and acting on maps may be extended by mutual consent of the subdivider and the city planning commission or city council, depending upon the jurisdiction involved.
(Ord. 1684 § 5, 1-13-86: Ord. 1444 § 2 (pan), 7-14-80)
12.10.020 Lot line adjustment.
(a) A lot line adjustment shall be permitted between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.
(b) Procedure for Lot Line Adjustment.
(1) The owners of the parcels shall submit a letter to the secretary of the city planning commission, requesting approval of a lot line adjustment. The letter shall include the legal description and street address of each parcel involved, the nature and extent of the proposed lot line adjustment, and the reason for requesting approval of the lot line adjustment.
(2) Accompanying the letter set forth in subsection (1), the owners of the parcels shall submit an original and twenty-five copies of a map of the proposed lot line adjustment. Each such map shall contain the following information: Lot Line Adjustment Number .... ; name(s) and address(es) of the owner(s) of the parcels; the name and address of the person who prepared the map; north point; scale; date of preparation; existing lot lines; proposed lot line(s); location and width of adjacent streets; legal description and street address of each parcel involved; existing and proposed dimensions of each parcel involved; and a table setting forth the area of each parcel before and after the proposed lot line adjustment. The original of said map shall be drawn on 8 1/2" by 13" ledger with a twenty-five percent cotton content of at least twenty-four-pound substance. Copies may be printed on commercially available machine copy paper.
(3) Accompanying the letter and maps set forth in subdivisions (1) and (2), the owners of the parcels shall pay to the city a fee of one hundred twenty-five dollars to cover processing of the proposed lot line adjustment. The secretary of the city planning commission shall issue a receipt therefor, identifying same as related to the number of the lot line adjustment application and the identification of the property involved for which such fee tendered. Such fee shall not be refundable in whole or in part.
(4) Within ten days of receipt of the letter and maps, the secretary of the city planning commission may transmit copies of the map to the city building department, city engineer, city police department, county of Los Angeles fire prevention bureau, county of Los Angeles community health services, county of Los Angeles flood control district, Cal Trans (if affected), and each utility company serving said parcels (gas, telephone, electric, and water), with a request that each report recommendations, if any, within ten days.
(5) Within ten days of receipt of the letter and maps, the secretary of the city planning commission shall provide notice to the proposed lot line adjustment to all adjacent property owners.
(6) Prior to the consideration by the city planning commission of the letter and map, and within twenty days following its filing, the secretary of the city planning commission shall make a report in writing to the city planning commission as to any recommendation in connection with the letter and map. A copy thereof shall be sent to the owners of the parcels at least three working days prior to the public meeting held to consider the letter and map.
(7) The city planning commission shall conduct a public meeting to consider the letter and map at its first regular meeting held not less than twenty days following the filing of the letter and map. All persons wishing to testify in support of or in opposition to the letter and map shall be given an opportunity to be heard.
(8) The city planning commission shall approve, conditionally approve, or deny the letter and map within fifty days following its filing. The action of the commission shall be by resolution.
(9) The secretary of the city planning commission shall advise the owners of the parcels of the action of the commission on the day following their action. Further, the secretary shall advise the owners that the action of the commission may be appealed to the city council of the city of South Gate.
(10) In the event that the owners of the parcels desire to appeal the action of the city planning commission, they shall file the appeal on a form provided for that purpose with the city clerk of the city of South Gate. The appeal shall be filed no later than ten days after the action of the city planning commission.
(11) Within ten days of receipt of the appeal, the city clerk shall provide notice of the appeal to all adjacent property owners. All persons wishing to testify in support of or in opposition to the appeal shall be given an opportunity to be heard.
(12) The city council shall conduct a public meeting to consider the appeal at its first regular meeting held not less than twenty days following the filing of the appeal.
(13) The city council shall sustain or deny the appeal. The action of the council shall be by formal resolution.
(14) The secretary of the city planning commission shall permanently maintain a file for each lot line adjustment. The file shall contain a complete record of the adjustment, including copies of the application of the property owner(s), all action taken by the city planning commission, all pertinent correspondence, and excerpts of all pertinent commission and council minutes.
(Ord. 1444 § 2 (part), 7-14-80)
12.10.030 Parcel map exemption.
(a) A parcel map exemption shall be permitted when:
(1) The city planning commission determines that the procedure for parcel map is to be waived; and
(2) The city planning commission finds that the proposed division of land complies with all requirements set forth in Section 12.10.050; and
(3) The city planning commission finds that the proposed division of land complies with all requirements set forth in Title 11 (Zoning).
(b) Procedure for Parcel Map Exemption.
(1) The procedure for parcel map exemption shall be the same as that provided in Section 12.10.020(b) for lot line adjustment.
(2) In any case, where a parcel map is waived or exempted pursuant to this section, a tentative tract map or tentative parcel map may be required if determined to be necessary by the city planning commission.
(Ord. 1444 § 2 (part), 7-14-80)
12.10.040 Tentative parcel map.
(a) A property owner or subdivider desiring to utilize, split, sell or convey one or more lots so as to create not more than four lots may make application for a tentative parcel map or lot split approval by the city planning commission prior to preparation of a final parcel map.
(b) Procedure for Tentative Parcel Map.
(1) The property owner or agent shall make application for a tentative parcel map or lot split upon forms provided by the department of community development.
(2) Accompanying the application set forth in subdivision (1), the owner(s) of the parcels shall submit an original and twenty-five copies of a map of the proposed lot split. Each such map shall contain the following information: lot split application number ....., name(s) and address(es) of the owner(s) of the parcels; the name and address of the person who prepared the map; north point; scale; date of preparation; existing lot lines, proposed lot line(s); location and width of adjacent streets; legal description and street address of each parcel involved; existing and proposed dimensions of each parcel involved; and a table setting forth the area of each parcel before and after the proposed lot line adjustment. The original of the map shall be drawn on 81/2" by 13" ledger with a twenty-five percent cotton content of at least twenty-four-pound substance. Copies may be printed on commercially available machine copy paper.
(3) Accompanying the application and map set forth in subsections (1) and (2), the owner(s) of the parcels shall pay to the city a fee of one hundred fifty dollars to cover processing of the proposed preliminary parcel map. The secretary of the city planning commission shall issue a receipt therefor, identifying same as related to the number of the lot split application and the identification of the property involved for which such fee tendered. Such fee shall not be refundable in whole or in part. (Ord. 1444 § 1, 7-14-80).
(4) Within ten days of receipt of the letter and maps, the secretary of the city planning commission may transmit copies of the map to the city building department, city engineer, city police department, county of Los Angeles fire prevention bureau, county of Los Angeles community health services, county of Los Angeles flood control district, Cal Trans (if affected), and each utility company serving the parcels (gas, telephone, electric, and water), with a request that each report recommendations, if any, within ten days.
(5) Within ten days of receipt of the letter and maps, the secretary of the city planning commission shall provide notice of the proposed lot split to all adjacent property owners.
(6) Prior to the consideration by the city planning commission of the application and map, and within thirty days following its filing, the secretary of the city planning commission shall make a report in writing to the city planning commission as to any recommendation in connection with the application and map. A copy thereof shall be sent to the owner(s) of the parcels at least three working days prior to the public meeting held to consider the letter and map.
(7) The city planning commission shall conduct a public meeting to consider the application and map at its first regular meeting held not less than twenty days following the filing of the letter and map. All persons wishing to testify in support of or in opposition to the application and map shall be given an opportunity to be heard.
(8) The city planning commission shall approve, conditionally approve, or deny the application and map within fifty days following its filing. The action of the commission shall be by resolution.
(9) The secretary of the city planning commission shall advise the owners of the parcels of the action of the commission on the day following their action. Further, the secretary shall advise the owners that the action of the commission may be appealed to the city council of the city of South Gate.
(10) In the event that the owners of the parcels desire to appeal the action of the city planning commission, they shall file the appeal on a form provided for that purpose with the city clerk of the city of South Gate. The appeal shall be filed no later than ten days after the action of the city planning commission.
(11) Within ten days of receipt of the appeal, the city clerk shall provide notice of the appeal to all adjacent property owners. All persons wishing to testify in support of or in opposition to the appeal shall be given an opportunity to be heard.
(12) The city council shall conduct a public meeting to consider the appeal at its first regular meeting held not less than twenty days following the filing of the appeal.
(13) The city council shall sustain or deny the appeal. The action of the council shall be by formal resolution.
(14) The secretary of the city planning commission shall permanently maintain a file for each tentative parcel map. The file shall contain a complete record of the lot split, including copies of the application of the property owner(s), all action taken by the city planning commission, all pertinent correspondence and excerpts of all pertinent planning commission and city council minutes.
(15) An approved or conditionally approved tentative parcel map(s) shall expire two years following the date of approval by the planning commission unless extended pursuant to Section 12.10.050(b)(9) of the chapter. (Ord. 1792 § 1, 3-13-89).
(Ord. 1792 § 1, 3-13-89; Ord. 1444 § 2 (part), 7-14-80)
12.10.050 Parcel map.
(a) A parcel map under the provisions of this title shall comply with all the provisions of Title 12 and with all the provisions of Sections 66477.1, 66477.2 and 66477.3 of the Government Code of the state of California relating to dedications and offers of dedication on tract maps, shall apply to dedications and offers of dedication on parcel maps. When an owner or subdivider wishes to divide one or more parcels so as to produce not more than a total of four parcels, and does not wish to record a subdivision map as provided by state law and by other sections of this title, he shall record a parcel map.
(b) Procedure for Recording Parcel Map.
(1) An original and sixteen prints of a map showing the proposed division shall be filed with the secretary of the city planning commission. When such required maps are filed, the secretary of the city planning commission shall immediately forward one copy to the director of public works and one copy to the director of building with the request that they report recommendations, if any, to the city planning commission. One copy shall accompany the city planning commission’s recommendations to the city council and one copy shall be permanently filed in the city planning commission’s file.
(2) After reports are received from the director of public works and the director of building, or if such reports are not received within ten days, the city planning commission shall act to recommend approval, conditional approval, or disapproval of the map.
(3) The city planning commission shall consider the parcel map at its first regular meeting held not less than ten days following the filing of the map. Action on the parcel map shall be taken not later than thirty-five days following the meeting at which it was first considered. Within not to exceed ten days following the action by the city planning commission, the secretary of the commission shall transmit a copy of the map and the record pertaining to the action thereon to the city council and send a copy of the record of the action of the city planning commission to the owner or subdivider. A copy of such official action on a parcel map shall also be permanently affixed to the official file copy of such map in the records of the city planning commission.
(4) The city council shall consider the map and the report of the city planning commission thereon not later than its second regular meeting following the receipt of the report thereon from the city planning commission. The city council shall act to approve, conditionally approve, or disapprove the map not later than thirty-five days following the date of the meeting of the city council at which it was first considered.
(5) The city council shall report to the owner or subdivider and the city planning commission its action on the map not later than ten days following the meeting of the city council at which the action thereon was taken.
(6) Within ten days after the city council approves or conditionally approves the parcel map, the city engineer shall certify same and shall present the map to the county recorder for filing.
(7) After the parcel map has been recorded in the county recorder’s office, the subdivider shall furnish one cloth print of such map to the city engineer.
(8) This chapter shall not apply to a division of a parcel of land by means of a conveyance to or from a public utility company or its wholly owned subsidiary; provided, that no more than two parcels are created by such division; and provided, the parcel not to be used by the public utility company conforms to minimum lot size and dimensions as established by Title 11.
(9) Prior to the one year expiration of the approved or conditionally approved final parcel map(s), the subdivider may, upon application to the planning commission, be granted an extension not to exceed an additional eighteen months. In the event the city planning commission denies a subdivider’s application for extension, the subdivider may appeal to the city council.
(10) Any failure to record a final parcel map within the period prescribed by ordinance from the approval or conditional approval of the tentative parcel map or any extension thereof granted by the city planning commission, or the city council upon appeal, shall terminate all proceedings. Before a final parcel map may thereafter be recorded, a new tentative parcel map shall be submitted.
(Ord. 1444 § 2 (part), 7-14-80)
12.10.060 Tentative tract map.
(a) The subdivider shall confer with the city engineer and the secretary of the city planning commission before preparing the tentative tract map.
(1) The tentative tract map shall be prepared in accordance with the Subdivision Map Act and the provisions of this title, and shall be filed with the secretary of the city planning commission. Such filing should be prior to the completion of final surveys of streets and lots, and before commencing grading or construction work within the proposed subdivision. To assure to the city planning commission of all necessary information to be considered on a tentative tract map, the commission shall act only upon such material, together with required statements or other evidence as shall have been filed with the commission not less than twenty days prior to the date of the city planning commission meeting at which such matter is to be considered.
(2) Prior to the consideration by the city planning commission of a tentative tract map and within twenty days following its filing, the secretary of the city planning commission shall make a report in writing to the city planning commission as to any recommendation in connection with the tentative tract map and its bearing on particular functions and a copy thereof served on subdivider or action on such map by the city planning commission or city council.
(b) Procedure for Tentative Tract Map.
(1) The city planning commission shall conduct a public meeting to consider a tentative tract map at its first regular meeting held not less than twenty days following the filing of the map. All persons wishing to testify in support of or in opposition to the map shall be given an opportunity to be heard. Action on such tentative tract map in approving, conditionally approving, or disapproving shall be taken not later than fifty days following its filing. Within not to exceed ten days following the action by the city planning commission upon any tentative tract map, the secretary of the city planning commission shall transmit the tentative tract map and a copy of the record pertaining to the action thereon to the city council and a copy of the record thereon to the subdivider. A copy of such official action on a tentative tract map shall also be permanently affixed to the official file copy of such map in the records of the city planning commission.
(2) The city council shall act to approve, deny, or modify the city planning commission report and/or the tentative tract map within ten days, or at its next succeeding regular meeting after receipt of the report.
(3) The city council shall report its action thereon to the subdivider and to the city planning commission not later than ten days following the date of its action thereon.
(4) If no action is taken upon a tentative tract map by the city planning commission or city council within the time limits specified herein or any authorized extension hereof, the tentative tract map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of this chapter and the Subdivision Map Act, and it shall be the duty of the clerk of the legislative body to certify such approval.
(5) A fee shall be paid to the city in the following amounts to cover costs of checking each tentative tract map or maps, and the secretary of the city planning commission shall issue a receipt thereof as follows:
(a) Two hundred fifty dollars, plus one dollar per lot, for each subdivision other than a subdivision consolidating properties into one lot, or for a subdivision for the purpose of reversion to acreage.
(6) An approved or conditionally approved tentative tract map shall expire two years following the date of approval by the planning commission unless extend pursuant to Section 12.10.070(a)(1) of the chapter. (Ord. 1792 § 2, 3-13-89).
(Ord. 1792 § 2, 3-13-89; Ord. 1444 § 2 (part), 7-14-80)
12.10.065 Vesting tentative map.
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:
(a) At the time a vesting tentative map is filed, it shall have printed conspicuously on its face, the words "Vesting Tentative Map."
(b) At the time a vesting tentative map is filed, a subdivider shall also supply the following information:
(1) Building height, size, location and land use plans;
(2) Architectural theme plans;
(3) Landscape plans;
(4) Fire protection plans;
(5) Traffic circulation and parking plans;
(6) Water removal, flood control and grading plans.
(Ord. 1684 § 6, 1-13-86)
12.10.070 Final map.
(a) Procedure for filing a final map.
(1) Prior to the two years expiration of the approved or conditionally approved tentative map or vesting tentative map or maps, the subdivider may cause the subdivision or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative or vesting tentative map as approved. Upon application of the subdivider, an extension not to exceed an additional twenty-four months may be granted. In the event the city planning commission denies a subdivider’s application for extension, the subdivider may appeal to the city council. (Ord. 1792 § 3, 3-13-89).
Statutory Reference: Government Code §66452.6, as amended by SB 9 (September 16, 2021)
(2) Any failure to record a final map within the period prescribed by ordinance from the approval or conditional approval of the tentative map, vesting tentative map or any extension thereof granted by the city planning commission or the city council upon appeal, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map or vesting tentative map shall be submitted.
(Ord. 2022-02-CC (Exh. A § 9), 3-8-22; Ord. 1792 § 3, 3-13-89; Ord. 1684 § 7, 1-13-86: Ord. 1444 § 2 (part), 7-14-80)
12.10.080 Ministerial approval of parcel map for an NL zone residential lot split.
A. In accordance with Government Code Section 66411.7, and notwithstanding anything to the contrary set forth in this chapter, a parcel map for a lot split in the NL zone shall be considered ministerially, without discretionary review or a hearing, if the city determines that the parcel map for that lot split meets all of the following requirements:
1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision;
2. Both newly created parcels are no smaller than one thousand two hundred square feet;
3. The development is not located on a site that contains or is in farmland, wetlands, fire hazard zones, hazardous waste sites, earthquake fault zones, flood hazard areas, floodways, conservation plans, protected species habitat, or lands under a conservation easement, all as more particularly set forth in Government Code Sections 65913.4(a)(6)(B) through (K), inclusive;
4. The proposed lot split would not require demolition or alteration of housing which (a) is subject to a recorded covenant, ordinance or law that restricts rent levels to affordable persons and families of moderate, low or very low income, (b) is subject to any form of rent or price control through the city’s valid exercise of its police power, (c) is on a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Sections 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the subdivider submits the application, or (d) has been occupied by a tenant in the last three years;
5. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance; and
6. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using a lot split as provided in this section.
B. An application for a parcel map for a lot split in the NL zone meeting all of the requirements of subsection A of this section shall be approved in accordance with the following requirements:
1. The application shall be approved or denied ministerially without discretionary review.
2. The application shall be approved only if it conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this section.
3. The city shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for a lot split pursuant to this section.
C. With respect to any subdivision pursuant to this section, the city may impose any objective zoning standards, objective subdivision standards, and objective design review standards (as those terms are defined in Government Code Section 66411.7(m)) that do not conflict with the provisions of this section. No such standards may be imposed which would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet. The city may require a setback of up to four feet from the side and rear lot lines, except that no setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as an existing structure; provided, however, that an application shall not be rejected solely because it proposes adjacent or connected structures; provided, that the structures meet building code safety standards and are sufficient to allow separate conveyance.
D. Notwithstanding subsection A of this section, the city may deny a proposed lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E. In addition to any conditions established in accordance with this section, the city may require any of the following conditions when considering an application for a parcel map for a lot split in NL zone: (1) easements required for the provision of public services and facilities; (2) a requirement that the parcels have access to, provide access to, or adjoin the public right-of-way; (3) off-street parking up to one space per unit, except that the city shall not impose parking requirements in either of the following instances: (a) the parcel is located within one-half mile walking distance of either a major transit stop or high-quality transit corridor, as those terms are defined in Public Resources Code Sections 21064.3 and 21155(b); or (b) there is a car share vehicle located within one block of the parcel.
F. Any parcel created pursuant to this section shall be limited to residential uses.
G. An applicant for a lot split pursuant to this section shall be required, as a condition of approval, to sign an affidavit stating that the applicant intends to occupy one of the housing units as the applicant’s principal residence for a minimum of three years from the date of the approval of the lot split. Notwithstanding the foregoing, this subsection shall not apply to an applicant that is either (1) a “community land trust” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or (2) a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15.
H. Any rental of any unit created pursuant to this section shall be for a term longer than thirty consecutive days.
I. The city shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval of a parcel map application for the creation of a lot split under this section.
J. Notwithstanding anything to the contrary set forth in this code, the city shall not permit more than two residential units (including without limitation a primary dwelling, accessory dwelling unit or junior accessory dwelling unit) on any parcel created by a lot split under this section.
K. The city shall include the number of applications for parcel maps for lot splits pursuant to this section in the city’s annual housing element report as required by Government Code Section 65400(a)(2)(1).
(Ord. 2022-02-CC (Exh. A § 10), 3-8-22)
Statutory Reference: Government Code § 66411.7, as added by SB 9 (September 16, 2021).