Title 21 SUBDIVISIONS
Chapter 21.48 MINOR LAND DIVISIONS
Part 1 GENERAL REQUIREMENTS
21.48.010 Tentative map required.
21.48.020 Map number.
21.48.040 Information required--Format.
21.48.050 Written statements required.
21.48.060 Number of copies.
21.48.070 Distribution of copies.
21.48.080 Departmental review procedures.
21.48.090 Action by advisory agency.
21.48.100 Access to property.
21.48.110 Criteria for rejection.
21.48.120 Duration of approval - Extensions.
Part 2 WAIVER CONDITIONS
21.48.130 Eligibility for waiver--Property located in certain zones.
21.48.140 Eligibility for waiver--Certain uses or conditions of property.
21.48.150 Request for waiver--Information required.
21.48.170 Procedures--Action by advisory agency.
21.48.180 Lease-projects--Duration of approval.
Part 1 GENERAL REQUIREMENTS
21.48.010 Tentative map required.
A tentative map shall be submitted to the advisory agency and approved in
accordance with the provisions of this Title 21 prior to the submission for
approval of a parcel map of a minor land division or the initiation of a request
for waiver of a parcel map pursuant to this title. (Ord. 10965 § 22, 1974:
Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 308, 1945.)
21.48.020 Map number.
The county engineer shall assign all map numbers for tentative and parcel
maps of minor land divisions. The subdivider or his agent shall apply to the
county engineer for a map number prior to submission of a tentative minor land
division map. (Ord. 11665 § 62, 1978: Ord. 10382 § 8, 1971: Ord. 9721
§ 16, 1969: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 310,
1945.)
21.48.040 Information required--Format.
The tentative minor land division map shall be a reproducible print,
legibly drawn to a scale of sufficient size to show full detail, including the
following information:
A. North point, date and scale;
B. The map
number;
C. The dimensions and record boundaries of the total
ownership;
D. Sufficient dimensions and record boundaries so as to define
the boundaries of the proposed minor land division;
E. The approximate
boundaries, dimensions and area of each proposed parcel;
F. A number for
each parcel;
G. General information as to locations, names, widths and
improvements of all adjoining highways, streets or ways;
H. The widths and
approximate locations of all existing and proposed easements, whether public or
private, including but not limited to those for road, drainage, sewage disposal,
fire fighting access, and public utility purposes. The subdivider or his agent
shall certify by an affidavit or by a declaration made under penalty of perjury
pursuant to Section 2015.5 of the Code of Civil Procedure that all existing
easements of record are shown on the tentative map;
I. Actual street names
or an identifying letter for proposed streets;
J. Where the design of
building sites, parcels, streets or easements is controlled by topography,
approximate contours at sufficient intervals to determine existing topography
and all proposed grading. Proposed grading shall be shown in a manner such that
feasibility of compliance with Ordinance 2225, Chapter 70, can be determined.
(See Title 26 of the Los Angeles County Code.);
K. The approximate location,
house number (if any), and proposed disposition of existing structures or
improvements within or immediately adjacent to the division. Such structures or
improvements shall be shown to scale. If it is impossible or impractical to
describe such structure or improvements on the tentative map, such information
shall be submitted on a separate sheet;
L. The approximate location and
direction of flow of all defined watercourses;
M. A vicinity map, if
necessary to show the location of the division in relation to the nearest
existing cross streets;
N. The general location of all buildings to be
erected or maintained within a condominium project, community apartment project
or lease project, and the means of access to such buildings;
O. The location
of any existing sewage disposal system which is proposed to remain in the
division of land. (Ord. 11904 §§ 10 and 11, 1979; Ord. 11127 § 4,
1975; Ord. 10382 § 9, 1971: Ord. 9404 § 14 (part), 1967: Ord. 4478
Art. 12 § 311, 1945.)
21.48.050 Written statements required.
A. The subdivider shall submit with the tentative minor land division map
a written statement containing the following information:
1. A legal
description of all ownerships comprising any and all parts of the proposed minor
land division;
2. A statement that the subdivider is the record owner of all
real property comprising the proposed minor land division, or that the record
owner(s) consents to the submission of the map, and the disclosure of any fee
interest that the subdivider has in any property adjacent to the minor land
division;
3. Where required by the advisory agency, a signed and
acknowledged statement disclosing such information as is necessary, in the
opinion of the advisory agency, to establish whether the proposed subdivision is
a minor land division;
4. The method of sewage disposal for each parcel.
Where private sewage disposal systems will be utilized, the results of
percolation tests shall be submitted unless waived by the health
officer;
5. The source of domestic potable water supply for each
parcel;
6. A clear statement of the proposed use of the property;
7. A
statement of the existing zoning and, if a zone change is proposed, the
requested zoning for all real property within the minor land division;
8. If
the county engineer so requests, an engineering geological report and/or soils
engineering report stating whether the property to be divided is subject to an
existing or potential geological and/or soils hazard and how such hazard, if
any, will affect the proposed division. The report shall be prepared by an
engineering geologist certified by the State Board of Registration for
Geologists and/or a registered civil engineer, as appropriate;
9. Two points
of the most recent assessor Map Book page or pages covering the proposed
division of land;
10. Such other information as the advisory agency may
require.
B. Any of the information required pursuant to this section may be
shown on the face of the tentative minor land division map. (Ord. 85-0009 §
2, 1985; Ord. 11904 §§ 12 and 13, 1979: Ord. 11665 § 63, 1978:
Ord. 10382 § 10, 1971: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12
§ 312, 1945.)
21.48.060 Number of copies.
The subdivider shall submit sufficient copies of the tentative minor land
division map to permit the advisory agency to furnish copies to other county
departments, which in the opinion of the advisory agency may have an interest in
the proposed minor land division. (Ord. 9404 § 14 (part), 1967: Ord. 4478
Art. 12 § 313, 1945.)
21.48.070 Distribution of copies.
Upon submission of a tentative minor land division map, the advisory
agency shall transmit copies to each county department which has an interest in
the proposed minor land division. (Ord. 10965 § 23, 1974: Ord. 9404 §
14 (part), 1967: Ord. 4478 Art. 12 § 314, 1945.)
21.48.080 Departmental review procedures.
County departments to which a copy of the tentative minor land division
map is transmitted shall, within a period of not more than 20 days after receipt
by the department, file with the advisory agency a report either approving of
the tentative map as submitted, or indicating what changes are necessary to make
the tentative map conform to the requirements of the Subdivision Map Act and of
this Title 21 coming under its jurisdiction. Failure of a county department to
file a report on a tentative map before the expiration of the specified review
period shall be deemed as approval by the department of the maps as submitted.
The advisory agency shall not approve or conditionally approve a tentative minor
land division map until the expiration of the 20-day review period or receipt of
all departmental reports, whichever comes first. (Ord. 11665 § 64, 1978:
Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 315, 1945.)
21.48.090 Action by advisory agency.
A. The advisory agency is authorized to approve, conditionally approve or
disapprove tentative maps of minor land divisions and to exercise the
responsibilities of the board of supervisors under the provisions of Sections
66473.5, 66474 and 66474.6 of the Subdivision Map Act.
B. Action on
tentative maps of minor land divisions shall be taken within 24 working days of
the submission of the map. The time limit for acting may be extended by mutual
consent of the subdivider and the advisory agency. (Ord. 11665 § 66, 1978:
Ord. 10965 § 24, 1974: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12
§ 317, 1945.)
21.48.100 Access to property.
The advisory agency may require as a condition of approval of a tentative
minor land division map that the subdivider produce evidence that the property
as divided will have access to a public street or highway. (Ord. 9721 § 17,
1969: Ord. 4478 Art. 12 § 318.1, 1945.)
21.48.110 Criteria for rejection.
The advisory agency may reject a tentative minor land division map if the
only practical use which can be made of the division, as proposed, is a use
prohibited by any ordinance, statute, law or other valid regulation. (Ord. 10965
§ 25, 1974: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 318,
1945.)
21.48.120 Duration of approval - Extensions.
A. The approval of a tentative minor land division map shall be effective
for a period of two years.
B. The advisory agency may grant one or more
extensions to the terms of approval of a tentative map. Each extension shall be
for no more than one year and the sum of said extensions shall not exceed three
years. The subdivider shall submit a written request to the advisory agency for
such extension before expiration of the map.
C. If the advisory agency
denies the subdivider’s application for an extension, the subdivider may
appeal to the legislative body within 15 days after the action of the advisory
agency. (Ord. 92-0035 § 2, 1992: Ord. 86-0040 § 3 (part), 1986: Ord.
82-0255 § 5, 1982: Ord. 11665 § 67, 1978: Ord. 10965 § 26, 1974:
Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 319,
1945.)
Part 2 WAIVER CONDITIONS
21.48.130 Eligibility for waiver--Property located in certain zones.
The following minor land divisions shall be eligible for waiver of the
requirement that a parcel map be filed, provided such divisions are located in
Zones R-1, R-A, A-1, A-2 or D-2 and a request for waiver, as provided for in
this chapter, is approved by the advisory agency:
A. Those in which each
resultant parcel has a gross area of 10 acres or more or is a
quarter-quarter-quarter section of a governmental plat or larger;
B. Those
in which each resultant parcel has a gross area of two and one-quarter acres or
more or is a quarter-quarter-quarter-quarter section of a governmental plat or
larger, and is not located in sloping terrain, as defined by Section 21.08.160
of this Title 21. (Ord. 10965 § 28, 1974: Ord. 9404 § 14 (part), 1967:
Ord. 4478 Art. 12 § 320, 1945.)
21.48.140 Eligibility for waiver--Certain uses or conditions of property.
A. The following minor land divisions shall be eligible for waiver of the
requirement that a parcel map be filed:
1. Those in which each resultant
parcel is a part of one or more lots shown on a final map, parcel map or
approved record of survey map, and the area of each resultant parcel is more
than 20 percent of the total area of the lot or lots of which it is a part,
except where the tentative map of any such division, the conditions of approval
thereof or the requirements of the Subdivision Map Act or of this Title 21
provide for or require the delineation of flood or geological hazard, or
building restrictions;
2. Property line adjustments, or the distribution of
all of an existing parcel(s) between adjacent parcels;
3. Those of a
lease-project, except where the tentative map of any such division, the
conditions of approval thereof or the requirements of the Subdivision Map Act or
of this title provide for or require the delineation of flood or geological
hazards, or building restrictions;
4. Those in which each resultant parcel
has a gross area of two and one-quarter acres or more or is a
quarter-quarter-quarter-quarter section of a government plat or larger, unless
the conditions of approval of the tentative map require dedications or offers of
dedication to be made by certificate on the final parcel map.
B. For the
purpose of this section, the term “approved record of survey maps”
refers to record of survey maps which were approved by the board of supervisors
and filed for record pursuant to various provisions of the Subdivision Map Act
prior to the effective date of Chapter 1180, Statutes 1965. (Ord. 11904 §
14, 1979: Ord. 10965 § 29, 1974: Ord. 4478 Art. 12 § 320.1,
1945.)
21.48.150 Request for waiver--Information required.
A. Waiver requests shall be made in writing on a standardized form
provided by the advisory agency. The request shall include:
1. A request for
waiver, signed and acknowledged by all owners of record of the land comprising
the minor land division;
2. A description of each proposed parcel;
3. If
requested by the advisory agency, a plat map, showing sufficient ties,
dimensions and bearings to adequately establish the boundaries of the minor land
division and of each proposed parcel. Record information, when available, may be
utilized.
B. The advisory agency may require the submission of
documentation, i.e., preliminary title report, as it deems necessary to verify
the information presented in the request for waiver. All submissions shall be
legible and readily reproducible.
C. Before approval of a request for
waiver, the subdivider shall complete or guarantee completion of the conditions
of approval as if a parcel map were to be filed. (Ord. 10965 § 30, 1974:
Ord. 4478 Art. 12 § 320.2, 1945.)
21.48.170 Procedures--Action by advisory agency.
A. Within 20 days after acceptance of a request for waiver, or within such
additional time as may be necessary, the advisory agency shall waive the
requirement that a parcel map be filed as provided in Sections 21.48.130 and
21.48.140, if it finds:
1. That the design of each parcel described in the
request for waiver is in substantial accordance with the tentative map, as
approved;
2. That the proposed minor land division complies with all
applicable requirements as to area, improvement and design, flood and water
drainage control, appropriate improved public roads, sanitary disposal
facilities, water supply availability, environmental protection, and other
requirements of the Subdivision Map Act and of this Title 21.
B. When a
waiver is granted pursuant to this section, the advisory agency shall, within 10
working days, cause a certificate of compliance, describing each approved
parcel, to be filed for record with the county recorder. The certificate of
compliance shall state that the requirement that a parcel map of the division of
land be filed has been waived, and that the parcels comprising the division may
be sold, leased, financed or transferred in full compliance with all applicable
provisions of the Subdivision Map Act and of this Title 21.
C. The
procedures set forth in this section shall be completed within the period
prescribed by Section 21.48.120 for filing a parcel map of a minor land division
after approval or any extension thereof. (Ord. 10965 § 32, 1974: Ord. 4478
Art. 12 § 320.4, 1945.)
21.48.180 Lease-projects--Duration of approval.
The approval of a waiver of filing a parcel map for a lease-project shall
be effective for a period of five years. After such time, if such lease-project
is not established, a new request may be made as provided in Section 21.48.140.
(Ord. 10965 § 33, 1974: Ord. 4478 Art. 12 § 320.5,
1945.)
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