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A. Purpose. The following parcel map regulations are intended to assure compliance with the Subdivision Map Act, Article 2 (Specific Planning – Comprehensive Zoning Plan) of this Chapter, and the City’s General Plan, to assure lots of acceptable design and of a size compatible with the size of existing lots in the immediate neighborhood; to preserve property values; to assure compliance with the Design Standards for Streets and Alleys as specified in Section 17.05 (Design Standards) of this Chapter where street or alley dedication and/or improvement are required; and to prevent interference with the opening or extension of streets necessary for emergency vehicle access, proper traffic circulation and the future development of adjacent properties; and to provide that the dividing of land in the Hillside Grading Areas be done in a manner which will assure that the separate parcels can be safely graded and developed as building sites.
B. Scope.
1. See Sec. 13B.7.5.A. (Preliminary Parcel Map; Applicability) of Chapter 1A of this Code.
2. See Sec. 13B.7.5.F. (Preliminary Parcel Map; Scope of Decision) of Chapter 1A of this Code.
3. These regulations shall not apply to the leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building or mobilehome park, nor to mineral, oil or gas leases, nor shall they apply to the following divisions of land, except as may be required by Subsection C. of this Section.
(a) Those made in compliance with the Subdivision Map Act and the subdivision regulations contained in this Article.
(b) Those divisions of land made solely because of the sale, acquisition, lease or combining of lands by governmental agencies, including City of Los Angeles and any department thereof, or any further division of such lands by a lessee of such governmental agency.
(c) Those where the Advisory Agency or the Appeal Board determines that all the following conditions exist:
(1) A lot line adjustment is made between four or fewer existing adjoining lots or parcels and the land taken from one lot or parcel is added to an adjoining lot or parcel;
(2) The resulting number of lots or parcels remains the same or is decreased;
(3) The parcels or lots resulting from the lot line adjustment will conform to the General Plan, any applicable coastal plan, and zoning and building ordinances.
(d) Those involving land dedicated for cemetery purposes under the applicable provisions contained in the Health and Safety Code of the State of California.
C. Parcel Maps – Divisions of Land of Five or More Parcels Not Subdivisions.
1. No parcel of land shall be separated in ownership or otherwise divided into five or more parcels, where such a division is not a subdivision by reason of the exceptions contained in Subdivisions (a), (b), (c) and (d) of Section 66426 of the Subdivision Map Act, and no such divided parcel shall be separately maintained unless a Tentative Map of such division has been approved by the Advisory Agency and a Parcel Map prepared in conformity therewith and has been recorded in the office of the county recorder.
2. Where the Advisory Agency determines that a Tentative Map filed for the division of land described in Subdivision (b) and (c) of Section 66426 of the Subdivision Map Act complies with all the requirements of this Article, but that dedication for street opening or widening or easements is necessary, it shall require that an offer to dedicate such additional land as is necessary therefor to be made in a manner provided by Section 17.53 C.1. of this Chapter.
3. Where the Advisory Agency determines that a Tentative Map filed for the division of land described in Subdivision (c) of Section 66426 of the Subdivision Map Act complies with all of the requirements of this Article, but that improvement of public or private streets, highways, ways or easements is necessary for local traffic, drainage or sanitary needs, such improvements shall be constructed, or their construction and completion guaranteed in the manner provided by Section 17.08 (Improvements) of this Code, as a condition of approval of the Tentative Map.
4. No building permit shall be issued, and no building or structure shall be constructed, altered or maintained on any land which has been separated in ownership or otherwise divided into five or more parcels, where a final map is not required for such a division by reason of the exceptions contained in Subdivision (a), (b), (c) and (d) of Section 66426 of the Subdivision Map Act, in violation of the provisions of this Article. All conditions of approval shall be completed prior to submitting the parcel map to the City Engineer.
D. Waiver of Parcel Maps. See Sec. 13B.7.5.A.4. (Preliminary Parcel Map; Applicability; Waiver of Parcel Map) of Chapter 1A
of this Code.
E. Slope Density. In Hillside Grading Areas, as defined in Section 17.02 (Definitions) of this Article, which are designated in the Minimum Density housing category by the applicable element of the General Plan adopted by the City Council, the dwelling unit density shall not exceed that allowed by the following formula:
D | = | 50 - S |
35 |
Where: D = the maximum number of dwelling units per gross acre allowable, and
S = the average natural slope of the land in percent.
Where the total allowable number of dwelling units per parcel map or tentative tract map calculated under the above formulas results in a number other than a whole number, it shall be rounded to the nearest whole number as follows: where the fractional portion of the total allowable number of dwelling units equals .5 or more, the total number of allowable dwelling units shall be rounded to the next larger whole number; where the fractional portion of the total allowable number of dwelling units equals less than .5, the total number of allowable dwelling units shall be rounded to the next smaller whole number.
In no case shall the permitted density be less than 0.05 dwelling units per gross acre. Where the total allowable number of dwelling units per parcel map calculated under the above formula results in a number less than one, it shall be rounded up to allow one dwelling unit per parcel map. Where previous grading on a site makes it difficult to determine average natural slope using the above formula, the Director of Planning shall determine the average natural slope in a manner to carry out the purpose and intent of this subsection.
F. Public Notice and Hearing. See Sec. 13B.7.5. (Preliminary Parcel Map) of Chapter 1A
of this Code.
A. Forms and Map Requirements. Each person applying for approval of a parcel map required by reason of Subsection B. of this Section shall submit a reproducible preliminary Parcel Map to the City Planning Department showing the land to be divided and its proposed division. The map may be prepared by the applicant, except that the Advisory Agency may require the map to be prepared by a licensed land surveyor or registered civil engineer and that it be based upon a field survey when it determines that such is necessary to provide the information required by this section. The map shall be made on one or more sheets of tracing paper or cloth at least 8 1/2 inches by 11 inches but shall not exceed 18 × 26 inches. It shall be legibly drawn using a decimal or an engineer's scale and shall clearly show the following information:
1. The dimensions and record boundaries of the total parcel together with a legal description of the total parcel attached to the map.
2. The dimensions and boundaries of each proposed parcel.
3. The names, addresses and telephone number of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor, if any, who prepared the map.
4. The abutting streets and alleys and existing surface improvements and proposed dedications and improvements.
5. The location of other existing public easements and/or private street easements.
6. In Hillside Grading Areas, the existing contours of the land at intervals of not more than five feet.
7. The accurate location of any structures on the property.
8. Names or designations for all proposed streets.
9. Such other information as the Advisory Agency determines is necessary to properly consider the proposed division.
B. Incomplete Map. If at any time during the processing of the map it is discovered that the map has been improperly prepared or required pertinent information has not been submitted, the applicant shall be promptly notified in writing by mail of the defect and of further information or correction required. The time limits specified hereinafter shall not begin until the omitted or inaccurate information is furnished in a proper manner.
C. Additional Reports. In addition to the preliminary Parcel Map, and when determined by the Superintendent of Building or the City Engineer to be necessary, the following reports shall be submitted to the City Planning Department by the applicant when the property is located in a Hillside Grading Area, as defined in Article 1 (Building Code) of Chapter 9 (Building Regulations) of this Code.
1. A geologic report prepared by an engineering geologist, as defined in Article 1 (Building Code) of Chapter 9 (Building Regulations) of this Code, setting forth all relevant geologic data pertaining to the proposed separate parcels and including separately stated conclusions listing any potential hazards to public health, safety or welfare which may exist on the proposed parcels or which could result from grading or building upon the proposed separate parcels.
2. A report prepared by a soils engineer, as defined in Article 1 (Building Code) of Chapter 9 (Building Regulations) of this Code, setting forth sufficient engineering data to explain the proposed solutions to:
(a) Any potential geologic hazards disclosed by the geologic report; and
(b) Any potential geologic hazards that could be created by the proposed grading.
D. Protected Tree Reports for Parcel Maps. No application for a preliminary parcel map approval for a parcel where a protected tree is located shall be considered complete unless it includes a report pertaining to preserving the tree. The report shall be prepared by a tree expert and shall evaluate the subdivider’s proposals for protected tree preservation, removal, replacement and/or relocation. In the event the subdivider proposes any grading, land movement, or other activity within the drip line of any protected tree referred to in the report, or proposes to relocate or remove any tree, the report shall also evaluate any mitigation measures proposed by the subdivider and the anticipated effectiveness in preserving the tree.
A. Disapproval of Maps.
1. No preliminary Parcel Map shall be approved which violates or would result in a violation of, or fails to comply with, the Subdivision Map Act or any other applicable law of this City or State.
2. In addition the Advisory Agency may disapprove a preliminary Parcel Map if, after investigation, it determines that said map does not substantially comply with the various elements of the City’s General Plan, or does not provide such street or alley dedication or improvements as are necessary to achieve the purposes of these regulations, or fails to provide acceptable lot design or lot sizes which closely conform to the size of the contiguous or nearby lots on the same street, or results in reorientation of a lot or parcel in such a manner as to be detrimental to adjoining properties or the surrounding neighborhood.
3. Where a Parcel Map involves land for which a General Plan, including dwelling unit densities, has been adopted by the Council, and said land is also in an “H” Hillside or Mountainous Area established by Article 2 (Specific Planning – Zoning Comprehensive Zoning Plan) of this Chapter, the number of lots or parcels on said map shall be limited so that the number of dwelling units permitted by the applicable zoning regulations shall not substantially exceed the dwelling unit densities shown on said plan.
4. Where a Parcel Map includes land upon which either a combination of parking and commercial zones or a combination of parking and industrial zones has been established, the Parcel Map shall not be approved unless each parcel being created substantially conforms to the established ratio of space for parking to space for commercial use or space for parking to space for industrial use as such ratio existed immediately prior to the land division.
5. The Advisory Agency shall disapprove a preliminary Parcel Map when the property is situated in a Hillside Grading Area as defined in Article 1 (Building Code) of Chapter 9 (Building Regulations) of this Code and the Department of Building and Safety or the Bureau of Engineering has submitted a report in writing to the Advisory Agency recommending disapproval of the preliminary Parcel Map because of any existing or potential geologic hazards lacking satisfactory engineering solutions.
6. The Advisory Agency may disapprove a preliminary Parcel Map unless the proposed name of each street thereon has been approved by the City Engineer. Advisory Agency approval shall be withheld if the City Engineer has determined that a proposed street name would create confusion, be misleading, be unduly long or carry connotations offensive to good taste and decency.
B. Lots May Be Increased in Size.
1. Where the Advisory Agency finds it necessary in order to promote the general welfare, to provide for a more consistent development for the area, and to preserve property values, it may require that lots or parcels described in a Parcel Map and located in an RA or R Zone be increased in size from that proposed so as to more closely conform to the size of existing contiguous lots or nearby parcels on the same street. However, in no case may the Advisory Agency require such parcels in the aforementioned zones other than RA, RE20 and RE40 to contain an area of more than 20,000 square feet.
2. Where the Advisory Agency finds that a future public easement will be needed on a portion of such lots or parcels for street or other public uses, it may require that such lots or parcels be increased in size from the proposed so as to provide space for such easement; and in addition, it may impose conditions prohibiting or restricting the erection for buildings, or structures on that portion needed for such easement.
C. Maps Involving Private Road Easements. Whenever a proposed division of land involves one or more parcels which are contiguous or adjacent to a private road easement with the remaining parcel contiguous or adjacent to a dedicated street, only the Parcel Map need be filed, without requiring the payment of additional fees or the filing of a Private Street Map. The Advisory Agency may approve, conditionally approve, or disapprove the map subject to the applicable provisions of this Article or Article 8 (Private Street Regulations) of this Chapter.
D. Lots in the Very High Fire Hazard Severity Zone.
(a) The designated area in which buildings are to be erected on each proposed parcel or lot, as shown on said map, are located not more than 1,000 feet from a fire hydrant, said distance to be measured along a route providing reasonable access, as determined by the Fire Chief, for the laying of fire hoses in an emergency, or
(b) Said Fire Chief reports that adequate fire protection exists, or is in the process of being provided, for said parcels or lots.
2. Upon proper application to the City Council, and upon recommendation of the Chief Engineer of Waterworks of the Department of Water and Power, the City may provide for contribution toward the cost 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.
E. Maps Involving Future Streets. In the event that the Advisory Agency determines that certain streets or alleys in a proposed division of land must be reserved for future public use, they shall be indicated on the preliminary Parcel Map and offered for dedication as future streets or future alleys prior to recording the Parcel Map. The applicant shall furnish the Bureau of Right-of-Way and Land an offer of dedication therefor in accordance with the provisions of Section 17.53 of this Article.
F. (This subsection intentionally left blank.)
G. Maintenance of Accessory Structures. Where the Advisory Agency determines that a proposed Parcel Map complies with all provisions of these Parcel Map Regulations, but finds that the proposed division of land will result in an accessory building or structure being on a parcel separated from the main building or a residential building being on a parcel without the required off-street parking spaces and, in order to afford the applicant time to properly provide a main building on the same parcel with the accessory structure or building, or to remove same, or to provide the required off-street parking spaces with the residential building, the Advisory Agency may approve the proposed Parcel Map and the continued use and maintenance of said accessory structures or buildings separated from the main building for a period of time not to exceed one year and the residential building without the off-street parking spaces for a period of time not to exceed 90 days subject to the following conditions:
1. That as a prerequisite to the filing of the final Parcel Map with the City Engineer, the owner or owners of record of the subject property shall record in the office of the County Recorder of Los Angeles County, California, a covenant running with the and in which such owner or owners agree to comply with an the conditions imposed by the Advisory Agency in approving the Parcel Map.
2. That upon approval of the proposed Parcel Map, in addition to the permanent copy placed on file in the City Planning Department, the Advisory Agency shall furnish a copy of said action to the applicant and to the Department of Building and Safety.
H. Lots Involving a Common Slope. Whenever two or more lots are to be created on a common slope and the City Engineer or Superintendent of Building determines that condition so dictate, the Advisory Agency may require as a condition of approval of the preliminary Parcel Map that appropriate deed covenants on a form approved by the City Attorney be recorded which provide to each owner of said common slope a joint right on entry for access of persons and equipment, and a joint easement over the slope area to maintain and repair said common slope.
I. When a protected tree exists on a proposed parcel, the preservation of the tree at its existing location, its relocation for preservation purposes, or the removal of the tree shall be regulated in the same manner as that provided under subdivision regulations set forth in this Article.
J. Greater Downtown Housing Incentive Area. In calculating the allowable floor area of a parcel map proposed to be developed as a residential (including Apartment Hotel or mixed use) building in the Greater Downtown Housing Incentive Area, any land required to be dedicated for street purposes shall be included as part of the lot area of the parcel map.
B. Approval. See Sec. Sec. 13B.7.5.D.5. (Preliminary Parcel Map; Decision; Action of Advisory Agency) of Chapter 1A
of this Code.
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:
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 (Design Standards) of this Article 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, the owner’s 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.
(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 (Design Standards) of this Article, 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.
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. (Improvements; Guarantees) of this Article. 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. (Improvements; Guarantees) of this Article.
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.
3. 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 13B.7.8 (Subdivision Appeal) of Chapter 1A of this Code.
D. Modification of Requirements. See Sec. 13B.7.5.D. (Preliminary Parcel Map; Decision) of Chapter 1A
of this Code.
E. (This subsection intentionally left blank.)
F. (This subsection intentionally left blank.)
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.
H. Modifications of Approved Preliminary Parcel Maps. See Sec. 13B.7.5.H. (Preliminary Parcel Map) of Chapter 1A
of this Code.
I. (This subsection intentionally left blank.)
J. Further Authority. 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) (Spaces Between Buildings – Passageways) of this Chapter 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.
A. Time Limit. See Sec. 13B.7.5.F. (Preliminary Parcel Map; Scope of Decision) of Chapter 1A
of this Code.
C. Final Parcel Map Requirements.
1. The following information shall be submitted with the Parcel Map: names, address and telephone number of the record owners, and person preparing the Parcel Map. The general form and layout of the map, including size and type of lettering, drafting and location of acknowledgment, etc., shall be determined by the City Engineer. The map shall be prepared on high quality tracing cloth or other material approved by the City Engineer.
1.5 The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.
2. Each sheet of said Parcel Map shall be 18 × 26 inches. A marginal line shall be drawn around each sheet, leaving a blank margin of one inch. The scale of the map shall be such as to show all details clearly. Each sheet shall be numbered, and its relation to other sheets clearly shown. The Parcel Map number, scale and north point shall be shown on each sheet. If more than three sheets are necessary to show the entire division of land, an index map shall be included on one of the sheets.
The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. Each parcel shall be identified by a letter.
3. Where the division of land creates four or less parcels, the Parcel Map may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line.
4. All other Parcel Maps shall be based upon a field survey made in conformance with the Land Surveyor’s Act.
5. The Parcel Map shall be prepared by a registered civil engineer or licensed land surveyor. A signed Surveyor’s Certificate as required by the Subdivision Map Act shall appear on the Parcel Map.
5.5 Where there are no dedications being made by the Parcel Map, a certificate signed and acknowledged by the fee owners only, of the real property being subdivided, consenting to the preparation and recordation of the parcel map, shall be required.
See Sec. 13B.7.E. (Final Parcel Map; Standards for Review and Required Findings) of Chapter 1A of this Code.
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