Chapter 16.44



MISCELLANEOUS PROVISIONS 16.44.010 Adjustment of lot lines between adjacent parcels.
16.44.020 Appeals.
16.44.030 Unacceptable property.
16.44.040 Easements to be provided.
16.44.050 School sites required dedication.
16.44.060 Certificate of compliance or violation.
16.44.070 Vesting tentative map for a final tract or parcel map.
16.44.080 Subdivision Map Act provisions.
16.44.090 Exceptions to parcel map regulations.
16.44.100 Sale before parcel map approved.
16.44.110 Sale before parcel map approved-Exception.
16.44.120 Denial of building permit until parcel map is approved.
16.44.130 Special master review.


16.44.010 Adjustment of lot lines between adjacent parcels.


A. No person shall record a deed or other document adjusting the boundary between properties by establishing a new property boundary not otherwise approved by the procedures of this title, unless a lot line adjustment is first approved by the zoning administrator in the manner described in this title.

B. Requests for lot line adjustments shall be made on forms provided by the permit services administrator, shall provide all information necessary to enable the proposal to be properly evaluated, shall be accompanied by the required filing fee and by the preliminary record of survey map showing the proposed new parcel boundaries and including complete legal descriptions.

C. After investigation and receipt of reports of other divisions or affected outside agencies, the zoning administrator shall approve the lot line adjustment, provided it is found in writing that the proposed lot line adjustment conforms to local zoning and building ordinances, or approve it subject to conditions or exactions necessary to conform to zoning and building ordinances or to facilitate relocation of existing utilities, infrastructure or easements, or to assure that the record of survey map is properly recorded.

D. Upon completion of approval conditions, the zoning administrator shall cause to be recorded a deed or record of survey for the lot line adjustment which shall contain a precise legal description of the adjusted property, supplied by the applicant and certified by a registered civil engineer or licensed land surveyor.

E. Nothing in this chapter shall preclude the applicant from filing a tentative parcel map application and recording a final parcel map in lieu of the lot line adjustment procedure. (Ord. 5009 º 43 (part), 1993: prior code º 28-119.9)

16.44.020 Appeals.


Any appeal from the determination of the zoning administrator relating to any lot line adjustment application may be taken in accordance with the procedure governing appeals set forth in Title 30 of this code. (Ord. 5009 º 43 (part), 1993: prior code º 28-119.10)

16.44.030 Unacceptable property.


Property subject to inundation, overflow by stormwater or any other conditions which would appear to make such property unsuitable for residential, commercial or industrial uses or any of them, shall not be accepted for subdivision purposes. No property in hillside areas shall be subdivided which cannot be provided with adequate water pressure and other facilities for firefighting and domestic use. (Ord. 5009 º 45 (part), 1993: prior code º 28-82)

16.44.040 Easements to be provided.


Easements for public utilities, sanitary sewers, storm drains or stormwater channels and slope rights shall be provided whenever considered necessary by the city engineer and the director of public service. (Ord. 5009 º 45 (part), 1993: prior code º 28-83)

16.44.050 School sites required dedication.


The commission may recommend and the council may require a subdivider to dedicate to the school district such land as deemed necessary to assure the residents of the subdivision adequate elementary school service. Such dedication or offer thereof shall be in accordance with Section 66478 of the Government Code of the state of California. (Ord. 5009 º 45 (part), 1993: prior code º 28-84)

16.44.060 Certificate of compliance or violation.


A. Upon request from any person owning real property or a vendee of such person pursuant to a contract of sale of such real property, the director of planning shall determine whether such real property complies with the provisions of this title and the Subdivision Map Act. Upon making such determination, the director of planning shall cause a certificate of compliance to be filed for record with the recorder of Los Angeles County. Such certificate shall identify the real property and shall state that the division thereof complies with applicable provisions of this title and the Subdivision Map Act.

B. If it is determined that such real property does not comply with the provisions of this title and the Subdivision Map Act, the director of planning shall issue a certificate of compliance or conditional certificate of compliance. The director of planning may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein as established at such time by this title and the Subdivision Map Act; or if the applicant was the owner of record at the time of the initial violation and is the current owner of one or more of the violative parcels, the director of planning may, as a condition to granting a certificate of compliance, impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions, the director of planning shall cause a conditional certificate of compliance to be filed for record with the recorder of Los Angeles County. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for any development of the property.

C. When the director of planning has knowledge that real property has been divided in violation of the provisions of this title and the Subdivision Map Act, the director of planning shall cause a notice of intent to record a certificate of violation to be filed for record with the recorder of Los Angeles County. Such notice of intent shall describe the real property, name the owners thereof, identify the violation, and indicate that the owner will be given an opportunity to present evidence. Upon recordation of such notice of intent, a copy shall be mailed to the property owner together with information indicating the date, time and place at which the property owner may present evidence to the city council why such certificate of violation should not be recorded. If, after the owner's presentation of evidence, city council determines that there has been no violation, the director of planning shall cause a release of the notice of intent to record a certificate of violation to be filed for record with the recorder of Los Angeles County. However, after the owner's presentation of evidence, if city council determines that the property has been illegally divided, or if within sixty days of receipt of the copy of the notice of intent the owner fails to inform the director of planning of his or her objection to recording the certificate of violation, the city council shall cause a certificate of violation to be filed for record with the recorder of Los Angeles County. The notice of intent to record a certificate of violation and the certificate of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property. (Ord. 5009 º 45 (part), 1993: prior code º 28-85)

16.44.070 Vesting tentative map for a final tract or parcel map.


A. An applicant for tentative approval of a tract or parcel map for residential purposes may file a vesting tentative map by conspicuously titling the map in bold letters as a "Vesting Tentative Map" in addition to the tract or parcel map number. If an applicant does not seek a vesting tentative map, filing of such vesting tentative map shall not be made a prerequisite to any other approvals for the site. A vesting tentative map does not enlarge, diminish or alter the types of conditions which may be imposed on a development, nor does it alter the tentative map processing requirements and procedures established elsewhere in this title.

B. Approval or conditional approval of a vesting tentative map for a final tract or parcel map shall confer all rights to proceed with development in substantial compliance with all ordinances, policies and standards described in Section 66474.2 of the California Government Code. However, if Section 66474.2 of the Government Code is repealed, rights conferred shall be those regulations in effect at the time of approval or conditional approval of a vesting tentative map for a final tract or final parcel map. No land shall be subdivided pursuant to a vesting tentative map for any purpose inconsistent with the general plan or any applicable specific plan or not permitted by the zoning ordinance or other applicable provisions of this code, provided that an inconsistent vesting tentative map may be conditionally approved subject to the subdivider obtaining the zoning change necessary to eliminate the inconsistency. However, nothing in this section shall prevent the subdivider from seeking a zone change or variance in the normal manner prescribed by law.

C. The decision-making body may condition or deny a permit, approval, extension or entitlement for a vesting map where any of the following are determined: a failure to do so would place the residents of the land division or the immediate community, or both, in a condition dangerous to their health or safety, or both; or the condition or denial is required in order to comply with state or federal law.

D. Any time prior to expiration of the vesting tentative map for a final tract or parcel map, the subdivider may apply for an amendment to the vesting tentative map in the same manner as any tentative map change is processed as set forth in this title, and such change shall not lengthen the vesting period.

E. The rights conferred by a vesting tentative map for a final tract or parcel map shall last for an initial time period of one year beyond the recording of the final tract or parcel map, except that in the case of phased final tract or parcel maps covering a larger vesting tentative map, the one-year initial time period shall begin for each phase when the final tract or parcel map is recorded for that phase. Such initial time period shall be automatically extended by any time used by municipal officials for processing a completed application for a grading permit or for design or architectural review, where the application processing time exceeds thirty days from the date that a completed application is filed. Prior to expiration of the initial time period, the subdivider may apply for a one-year extension in the same manner as prescribed in Sections 16.16.020 and 16.16.030. During the initial time period or any authorized extension thereof, if the subdivider submits a completed application for a building permit, the vesting rights described in this section shall continue until the expiration of such building permit or lawful extension thereof. All vesting rights shall expire if a final tract or parcel map is not approved prior to the expiration of the vesting tentative map as set forth in Sections 16.16.020 and 16.16.030. (Ord. 5009 º 45 (part), 1993: prior code º 28-86)

16.44.080 Subdivision Map Act provisions.


The provisions of this code shall not be construed as preventing the recording of a final tract map containing only one, two, three or four lots, in accordance with the procedures outlined herein and in the Subdivision Map Act for the approval and recording of a subdivision. (Ord. 5009 º 37, 1993: prior code º 28-87)

16.44.090 Exceptions to parcel map regulations.

Parcel map regulations shall not apply to the leasing or sale of apartments, offices, stores or similar space within an apartment building nor to mineral, oil or gas leases nor shall they apply to the following divisions of land:

A. Those made in compliance with Subdivision Map Act and the subdivision regulations contained in this code;

B. Those made solely for the purpose of opening or widening of a public street or alley or those involving the conveyance, transfer, creation or establishment of an easement for pedestrian or vehicular access, sewer, water or public utility, provided that no divisions or parcels of land are created other than those directly caused by such action;

C. Those made solely because of the acquisition of lands by governmental agencies for freeways, parks, public buildings, flood control channels or other public purposes;

D. Those involving land dedicated for cemetery purposes under the applicable provisions contained in the Health and Safety Code of the state of California. (Ord. 5009 º 39, 1993: prior code º 28-88)

16.44.100 Sale before parcel map approved.


A. Except as otherwise provided in this code, no person shall offer to sell, contract to sell or sell any portion of an existing lot until a parcel map thereof has been filed and approved in accordance with the requirements for a subdivision as elsewhere provided in this code and by state law.

B. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title, in addition to being a misdemeanor, shall be voidable to the extent and in the same manner provided in Section 66499.32 of the Government Code, state of California. (Ord. 5009 º 40, 1993: prior code º 28-89)

16.44.110 Sale before parcel map approved-Exception.


Except where parcel map requirements have been waived as provided in this code, a person may offer to sell or contract to sell a portion of an existing lot prior to approval thereof in accordance with the requirements of this title, only if the offer to sell or contract to sell provides in writing that the transfer of title and close of escrow, if any, are conditioned upon the approval of the final parcel map in accordance with the requirements of this title prior to the consummation of the sale. (Ord. 5009 º 41, 1993: prior code º 28-90)

16.44.120 Denial of building permit until parcel map is approved.


Except as otherwise provided in this code, no building permit shall be issued and no building or structure shall be constructed or altered on any land which has been separated in ownership in violation of the provisions of this code until and unless a parcel map has been recorded. (Ord. 5009 º 42, 1993: prior code º 28-91)

16.44.130 Special master review.


A. At the written request of an applicant, a hearing shall be conducted by a "special master" to determine if restrictions of the use of property within a primary or secondary ridgeline area, or within thirty feet of the centerline of any identified blue-line stream, may result in precluding all economically viable use of the property in question.

B. A request by an applicant for a hearing will not be granted unless the applicant has exhausted all other applicable city administrative procedures, including Section 16.04.130, relating to exceptions.

C. The procedure for appointing a special master shall be as follows:

The applicant or his/her representative shall, within ten days of the date of the request for the hearing, meet with the city attorney or his/her designate to select a special master from a panel of retired judges appearing either on a list compiled by the Los Angeles County Superior Court or Judicial Arbitration and Mediation Services Incorporated (J.A.M.S.). The applicant and city attorney should strive to select a special master who has experience in handling land use disputes. If the applicant and city attorney agree on the selection, the name of the retired judge shall be submitted to the city council on the next regular agenda, at which time the council will formally appoint the retired judge as a special master. In the event the applicant and city attorney cannot agree on a particular retired judge, each side shall submit a list of three retired judges to the city council and the council, at the next regularly scheduled meeting, will choose the special master from the submitted lists by random draw.

D. Public notice of the proceeding to be held by a special master shall be provided pursuant to Section 16.12.090.

E. The cost of the notice of the hearing and special master shall be borne equally by the applicant and city.

F. The applicant shall bear the burden of proving by a preponderance of the evidence that there are no economically viable uses permitted.

G. The special master need not be bound by formal rules of evidence.

H. The testimony of any witnesses shall be provided pursuant to Code of Civil Procedure Section 2002.

I. Relevant testimony of the public will be permitted.

J. Within ten working days after the conclusion of the hearing, the special master shall prepare and deliver to the city council a written report which includes the special master's written findings on the matter. The city council shall receive and file the special master's report at the next regular meeting.

K. The planning commission and city council shall be bound by the findings of the special master as follows:

1. If the special master finds that the applicant has met his/her burden of proof, he/she may then submit a revised application proposing a use that would be economically viable and would minimize any disturbance to the designated ridgeline or blue-line stream. As part of the revised application, the applicant shall be responsible for providing off-site mitigation to compensate for disturbing the ridgeline or blue-line stream at issue. The revised application shall conform to the application requirements set forth in this code and shall be subject to the city's processing and public review procedures set forth in this code and as more specifically set forth in this section.

2. At the same time that it receives and files the special master's report, the city council shall direct that a copy of the special master's report be sent by first-class mail, postage prepaid, to the applicant, including a copy of an affidavit or certificate of service together with written notice that any judicial proceedings seeking review of the special master's decision, shall be governed by the time limits contained in California Code of Civil Procedure Section 1094.6 subdivision (b). In addition, the city council, at the time of receiving and filing the special master's report, shall establish a time period within which the revised applicant hereunder shall be processed. Such time period shall be subject to and, where appropriate, be superseded by any of the time limits established for environmental review and/or subdivision processing under state law. In establishing a time period within which a revised application shall be processed by city staff, the city council shall consider and be guided by, but not be limited to, the following criteria:

a. The workload, both current and projected, of the planning division, other relevant city divisions and the planning commission.

Any such time period established hereunder shall be subject to extension by the city council upon application therefor, by an applicant or city staff. Any judicial review of the special master's report shall be pursuant to California Code of Civil Procedure Section 1094.5. The court's review shall be limited to the administrative record of the proceeding before the special master. (Ord. 5013, 1993: Ord. 5009 º 46, 1993: prior code º 28-91.1)





Title 17 through Title 29



(Reserved)