A. Processing.
1. (Amended by Ord. No. 143,254, Eff. 5/14/72.) Upon receipt and acceptance of a properly prepared map, together with sufficient copies for appropriate City agencies, the Planning Department shall immediately forward copies to the City Engineer and, if in a Hillside Area, the Superintendent of Building for a report and recommendation. The City Engineer and the Superintendent of Building shall make their reports within twenty–one days after the map is transmitted to them unless a geologic and soils engineering report is required as specified in Section 17.51-C of this Code, in which case they shall make their reports within thirty–five days after the subject geologic and soils report is received. The Advisory Agency shall not take final action on any preliminary Parcel Map until first having received a report thereon from the City Engineer and if in a Hillside Area, the Superintendent of Building, or until the expiration of the applicable period.
2. A copy of the preliminary Parcel Map shall be forwarded to the Chief Engineer of the Fire Department for report and recommendation to the Advisory Agency. The Chief Engineer shall make his report within seven days after the map is transmitted to him. Said report shall indicate whether the designated areas in which buildings are to be erected on each proposed parcel or lot, as shown on said map are less than 1,000 feet from a Los Angeles City Fire Department fire hydrant, said distance to be measured along a route providing reasonable access for the laying of fire hoses in an emergency, or whether adequate alternative fire protection exists or is in the process of being provided for said parcel or lots. (Amended by Ord. No. 143,254, Eff. 5/14/72.)
B. Approval. When Advisory Agency determines that the proposed Parcel Map complies with all the provisions of these parcel map regulations, and no dedication or improvement is required, it shall approve the map.
C. Conditional Approval. When the Advisory Agency determines that the preliminary Parcel Map complies with all of the provisions of these parcel map regulations, but that street or alley dedications or improvements, storm drain easements, sanitary sewer easements or slope easements are necessary, or that grading or construction of an engineered retaining structure as specified in this section is necessary. It may approve the proposed preliminary Parcel Map subject to the following conditions being complied with to the satisfaction of the City Engineer: (Amended by Ord. No. 143,254, Eff. 5/14/72.)
1. That an offer be made to dedicate such land as is necessary for street or alley purposes in compliance with the applicable street and alley design standards established in Section 17.05 of this Code and such storm drain easements, sanitary sewer easements and slope easements as are deemed necessary. The offer shall be properly executed by all parties having a record interest therein including beneficiaries under deeds of trust as shown by a current preliminary title report prepared by a title company approved by the City Engineer for that purpose. The trustee under said deed of trust shall not be required to execute the dedicatory instrument, unless, in the view of the City Engineer, such execution is necessary to satisfactorily dedicate the land. This report shall be on a form approved by the City Attorney and the City Engineer; be in such terms as to be binding on the owner, his heirs, assigns or successors in interest; and shall continue until the City Council accepts or rejects it. The offer shall provide that the dedication will be complete upon acceptance by the City Council. The City Engineer or a designated deputy shall approve or disapprove the offer for recordation within ten days after it is filed with the City Engineer. The offer shall be recorded by the City Engineer in the Office of the County Recorder upon its approval by the City Engineer or said deputy. If the streets, alleys and easements being offered for dedication are required for immediate public use as streets, alleys and easements, a resolution of acceptance shall thereafter be submitted to the City Council concurrently with the final Parcel Map in order to complete the dedication. Offers to dedicate which are not required for immediate public use will be retained by the City until such time as acceptance for public use occurs. If an offer is rejected by the City Council, the City Engineer shall issue a release from such offer which shall be recorded in the office of the County Recorder. (Amended by Ord. No. 152,425, Eff. 6/29/79, Oper. 7/1/79.)
(a) When it is determined that additional street dedication for widening will be required from property adjoining that depicted in the preliminary Parcel Map in order to comply with the applicable street standards provided for in Section 17.05 of this Chapter, the offer of dedication provided for hereinabove shall include an agreement as a covenant running with the land that upon completion of the dedication, a one–foot wide portion of the property included within the dedication and abutting such adjoining property shall not be used for access thereto. This agreement shall be in the form of a covenant running with the land and shall be recorded, but shall by its own terms become null and void upon the completion of the dedication of the additional land needed for street purposes from the adjoining property. The City Engineer shall show that portion of the dedication which is subject to the recorded covenant on the District Maps of the City of Los Angeles. As long as said agreement remains in effect, the aforesaid one–foot strip shall not be used as a means of access to said adjoining property, nor shall any permits be issued by any City Department permitting its use for access purposes. (Amended by Ord. No. 130,871, Eff. 9/20/65.)
(b) (None)
2. That such improvements as are required be constructed and installed to the satisfaction of the City Engineer or that construction and installation of such improvements be guaranteed in accordance with the provisions of Section 17.08 G. of the Code. Said improvements shall be limited to grading and the installation of local drainage and sewer facilities, curbs, gutters, sidewalks, street lights, street trees and roadway surfacing. In addition, the City Engineer may also require such other incidental improvements as are essential to the proper installation of the required public street or alley improvements. All such improvements shall be graded and improved in accordance with plans approved by the City Engineer. When the conditions of approval of the Preliminary Parcel Map specify that improvements are required to be constructed prior to the grant of any development right, no building permit shall be issued until the improvements have been constructed or suitably guaranteed in accordance with Section 17.08 G. of the Code. (Amended by Ord. No. 157,811, Eff. 8/13/83.)
2.5. That if grading or construction of an engineered retaining structure is required by the Advisory Agency to remove potential geologic hazards, such grading or construction shall be completed or guaranteed to the satisfaction of the City Engineer and/or the Superintendent of Building. (Added by Ord. No. 143,254, Eff. 5/14/72.)
3. (Amended by Ord. No. 143,254, Eff. 5/14/72.) When recommended by the Fire Department, the Advisory Agency may as a condition of approval of the preliminary Parcel Map, require the installation of fire hydrants to the satisfaction of the Fire Department.
(a) Upon proper application to the City Council, and upon recommendation of the City Engineer of Waterworks of the Department of Water and Power, the City may provide for contribution toward the costs of installation of water mains and hydrants necessary to comply with this subsection where said Chief Engineer determines that the cost of such installation is greatly in excess of normal charges for providing like facilities.
4. Failure to fulfill all conditions of a conditional approval within one year after the date of such approval shall automatically terminate and void the proceedings. Upon application, prior to the expiration of the original one–year period, an extension of time for a period not exceeding one year may be granted by the Advisory Agency. The Advisory Agency’s determination on an application for a time extension shall be subject to the appeal provision of Section 17.54 of this Code. (Added by Ord. No. 143,254, Eff. 5/14/72.)
D. Modification of Requirements. (Amended by Ord. No. 143,254, Eff. 5/14/72.)
1. The Advisory Agency may modify or waive any dedication or improvement requirements where the division of land is for the purpose of disposing of land by a public agency, if it determines such action is in the public interest.
2. The Advisory Agency may also modify or waive the application of the Design Standards for Streets and Alleys and the improvements required by this section and Section 17.05 of this Code when it finds that their strict application would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of these regulations.
Before approving the omission of any of the aforesaid requirements, the Advisory Agency shall refer the matter back to the agency which originally recommended the requirement, and to any other involved agency for further report, with a statement of the reasons for its omission.
3. Notwithstanding the above, the Advisory Agency may not waive any mandatory requirements relating to public health or safety recommended by other officials or departments in the exercise of their duties prescribed by law.
4. Where the Advisory Agency elects to modify or waive requirements it shall do so within the time limit established in Subsection F. of this section and any such modification or waiver shall in all cases be consistent with the intent of these parcel map regulations.
E. Disapproval. In the event the preliminary Parcel Map is disapproved, the disapproval shall be in writing, shall set forth the reasons and clearly indicate wherein the proposed Parcel Map would be contrary to any of the provisions of these regulations, and shall be transmitted to the applicant. (Amended by Ord. No. 130,871, Eff. 9/20/65.)
F. Time Limits for Action by the Advisory Agency. (Amended by Ord. No. 143,254, Eff. 5/14/72.) The Advisory Agency shall review and either approve, conditionally approve or disapprove the map within 30 days after the filing of the map with the Planning Department, or within such additional time as is mutually agreed upon in writing by the applicant and the Advisory Agency, unless geology and soils reports are required as specified in Section 17.51 C. of this Code, in which case the Advisory Agency shall act within 44 days after the subject geologic and soils reports have been submitted by the applicant or within such additional time as is mutually agreed upon in writing by the applicant and the Advisory Agency.
If the Advisory Agency refers a matter back to an agency as provided for in Section 17.53 D.2. of this Code, the time limits for action by the Advisory Agency shall automatically be extended for 7 days.
G. Where Parcel Map Includes Land Within Drainage District. Whenever a Parcel Map, or a portion thereof includes land which is within a Local Drainage District, the provisions and requirements of the ordinance establishing such District shall be complied with. (Added by Ord. No. 142,862, Eff. 2/13/72.)
H. Modifications of Approved Preliminary Parcel Maps. The Advisory Agency may grant slight modifications to a Preliminary Parcel Map upon its own initiative or upon a request from a subdivider. The modifications may be granted where it is impractical to conform to the strict application of the requirements of this article for one or more of the following reasons relating to the property: (1) its size or shape; (2) title limitations of record; (3) topographical location or conditions, or subsurface conditions; (4) the specific intended use; or (5) the application of provisions of Article 1 of this chapter. A request for slight modification shall be submitted in a form acceptable to the Advisory Agency. Notice of the action of the Advisory Agency shall be given to the subdivider and to all persons to whom notification of the preliminary parcel map is required by law. The Advisory Agency action on a slight modification request may be appealed in accordance with the provisions of Section 17.54 of this Code. The action of the Advisory Agency on a slight modification or an appeal from that action shall not extend the time for recording a Parcel Map with the County Recorder. (Added by Ord. No. 156,358, Eff. 3/21/82.)
I. Clarification Authority. If the City Council imposes a condition as part of an action on a related application that differs from a condition of approval on a preliminary parcel map, then the Advisory Agency shall have the authority to make the parcel map conditions consistent with the City Council action. (Added by Ord. No. 176,321, Eff. 1/15/05.)
J. Further Authority. (Added by Ord. No. 176,321, Eff. 1/15/05.) The Advisory Agency, acting in the capacity of an Associate Zoning Administrator, shall have the authority to reduce the width of required passageways pursuant to Section 12.21 C.2.(b) to no less than five feet between habitable buildings and detached condominiums, unless the Fire Department determines that the reduction would result in a safety hazard. And shall have the authority to grant deviations of no more than 20 percent from the applicable area, yard, and height requirements. The subdivider must ask for adjustment(s) at the time of filing. In permitting adjustments, the Advisory Agency shall make the findings contained in Section 12.28 C.4.
The reductions/deviations shall be included in the written decision of the Advisory Agency. Notification and appeal rights to such reductions/deviations shall conform to Section 17.54 A.