HomeMy WebLinkAboutORD 919ORD 919 Ü h£Ÿjì ã ¬ ORDINANCE NO. 919
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING THE BALDWIN
PARK MUNICIPAL CODE RELATING TO SUBDIVISION
REGULATIONS.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 8000 through 8015,
inclusive of the Baldwin Park Municipal Code are hereby
repealed.
SECTION 2. That Chapter 16.01, entitled
Subdivisions", consisting of Sections 16.01.010 through
16.01.160, inclusive, is hereby added to Title 16 of the
Baldwin Park Municipal Code to read as follows:
16.01.010. Name. This Chapter shall be referred
to as the City's Subdivision Regulations.
16.01.020. Purpose. The provisions of this
Chapter are intended to supplement and implement the
Subdivision Map Act for the purpose of regulating the
design and improvement of divisions of land within the
City.
16.01.030. Definitions. For the purpose of this
Chapter, certain words and phrases are defined and shall
be construed as set forth in this Section unless it is
apparent from the context that a different meaning is
intended.
A. Advisory Agency. 1) As to parcel maps,
the City Engineer and City Planner are hereby
designated as the Advisory Agency; 2) as to Tract
maps, the Zoning Administrator is hereby designated
as the Advisory Agency; 3) as to Tract maps and
parcel maps which are filed in conj unction with
zone variance appiicat ions or conditional use
permit appiicat ions, the Planning Commission is
hereby designated as the Advisory Agency; 4) as
to Parcel and Tract maps which are filed in
conjunction with zone change appiications, the
Planning Commission is hereby designated as the
advisory agency, but shall only be empowered to
recommend approval, conditional approval or denial,
to the City Council, which body shall finally act
upon such maps.
B. Appeal Board. The City Council is hereby
designated as the Appeal Board.
C. Environmental Analysis means an analysis
conducted pursuant to the provisions of the
California Environmental Quality Act, Section 21000
et seq., of the Public Resources Code.
D. Parcel Map means a map prepared in
accordance with the provisions of this Chapter and
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ORD 919 Ü h£Ÿjì ã ¬ the Subdivision Map Act and in a manner to be
recorded in the office of the County Recorder.
E. Subdivision Map Act Act") means Section
66410 et seg., of the Government Code of
California.
F. Tentative Map means a map showing the
design and improvements of a proposed division of
land and the existing conditions in and around it.
G. Final Tract Map means a final map showing
a subdivision of five or more parcels prepared in
accordance with the provisions of this Chapter and
the Subdivision Map Act and in a manner to be filed
in the office of the County Recorder.
H. Zoning Code or Code means the Zoning Code
of the City of Baldwin Park.
16.01.040. Application. No person shall divide
any real property for the purpose of sale, lease or
financing except in compiiance with the provisions of
this Chapter and/or the Act.
This Chapter shall apply to all divisions of land,
except those exempted by Sections 66412, 66412.1,
66412.2 and 66412.5 of the Act. In the event of
divisions of land which are not subject to this Chapter
and/or the Subdivision Map Act, a Certificate of
Compliance shall be issued therefor in a form prescribed
by the Director.
16.01.050. Responsibilities.
A. Advisory Agency. The designated Advisory
Agencies shall have the duty of making investi-
gations and reports on the design and improvement
of proposed divisions of real property and imposing
requirements and conditions thereon, and shall have
the authority to approve, conditionally approve or
disapprove parcel maps and tentative maps, except
that as to Parcel and Tract Maps filed in
conj unction with zone change appiications, the City
Council shall finally approve or cond itionally
approve, or disapprove such a map.
B. Appeal Board. The Appeal Board shall hear
and determine appeals from decisions of the
Advisory Agency with respect to parcel maps and
tentative maps.
C. City Engineer. The City Engineer shall be
responsible for:
1. Establishing design and construction
details, standards and specifications;
2. Accepting tentative maps for approval
and distributing tentative maps to appropriate
Agencies and City Divisions;
3. Determining whether proposed
subdivision improvements comply with the
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provisions of this Chapter and the Subdivision
Map Act;
4. Processing and certifying final maps,
reversion to acreage maps and amended maps;
5. Processing and approving subdivision
improvement plans, boundary line adjustments,
mergers and certificates of cornpliance;
6. Examining and certifying that final
maps are in substantial conformance with the
approved tentative map;
7. Inspecting and approving of
subdivision improvements;
8. Accepting dedications and
improvements for subdivisions of less than
five parcels;
9. Certifying completion of private
improvements not to be maintained by the City.
E. City Planner* The City Planner shall be
responsible for:
1. Investigating proposed subdivisions
for conformity to the General Plan, applicable
Specific Plans and Zoning Code of the City and
reviewing tentative maps with the City
Engineer; and
2. Conducting environmental analyses
related to proposed subd ivis ions pursuant to
the California Environmental Quality Act.
16.01.060 Improvements and Des ign.
A. Improvements• No subdivision shall be
approved unless those on-site and off-site
improvements which are found by the City Engineer
to be reasonably necessary to service the lots
being created, are constructed or guaranteed to be
constructed by the subd ivider, which include, but
not 1imited to, the following improvements:
1. An adepuate domestic water
distribution system designed and constructed
to service each lot proposed to be created/-
and
2. An adequate sewage system designed
and constructed to serve each lot proposed to
be created; and
3. An adequate storm water drainage
system designed and constructed to serve each
of lot proposed to be created; and
4. An adequate public and/or private
street and/or alley system designed and
constructed to serve each lot proposed to be
created; and
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5. Adequate systems designed, and
constructed to provide all necessary utilities
to each lot proposed to be created, includ ing,
but not 1imited to, fac ilities for water,
natural gas, electricity, CATV and telephone
services; and
6. An adequate traffic regulatory system
including necessary traffic signals, signs,
pavement markings and stripings; and
7. Any and all other improvements found
necessary by the Advisory Agency and/or the
Appeal Board to provide all services to each
lot proposed to be created.
B* Design, The design of the subdivision
shall conform to this Code, generally accepted
engineering standards and to such standards as
required by the Advisory Agency and/or the Appeal
Board, including, but not 1imited to, plans for
grading and erosion control.
C. Re imbursement for Supplemental
Improvements. The City may require that
improvements installed by a subdivider for the
benefit of the subdivision shall contain
supplemental size, capacity or number for benefit
of property not within the subdivision, and that
such improvements be dedicated to the public. If
improvements containing supplemental size, capacity
or number are required to be installed, the City
shall enter into an agreement with the subdivider
to re imburse the subd ivider for that portion of the
cost of such improvements equal to the difference
between the amount it would have cost the
subdivider to install such improvements to serve
the subdivision only and the actual cost of such
improvements. Any such reimbursement agreement
shall be funded, exclusively, in the manner
described and contemplated in the Act.
D. Time for Construction of Improvements on
Subdivisions of Less Than Five Parcels and
Designated Remainder Parcels. The time of
fulfillment of construction requirements for
improvements for subdivisions of less than five
parcels and on designated remainder parcels as
defined in Section 66424.6 of the Government Code
may be established by agreement between the City
and the subdivider. In the absence of such an
agreement, fulfillment of such construction
requirements shall not be required until such time
as a permit or other grant of approval for
development is issued by the City, or within a
reasonable time following approval of the final
parcel map or tract map and prior to the issuance
of a permit and other grant of approval for
development upon a finding by the City that
fulfillment of the construction requirements is
necessary for the public health and safety or is a
necessary prerequisite to the orderly development
of the surround ing area.
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ORD 919 Ü h£Ÿjì ã ¬ 16.01.070. Tentative Parcel Maps and Tract Maps.
A tentative map shall be submitted for subdivisions for
which a parcel map or Tract Map is required by the
Act. The following requirements shall apply to all
appiications for tentative parcel and tract maps:
A. Appiication Request. The Director shall
prepare suitable appiication forms. An appiication
shall be accepted for filing by the City Engineer
only upon payment by the appiicant of a filing and
processing fee in a sum set by Resolution of the
City Council. An appiicant may, in writing,
withdraw the application at any time during the
processing of the same; provided, however, that
there shall be no refund of any of the filing and
processing fees paid in connection therewith.
B. Submission of Tentative Maps.
1. Submission of a tentative map shall
not constitute filing with the City until all
attachments and required statements,
instructions, environmental forms and
clearances, and a completed appiication form
with appropriate fees are depos ited with the
City Engineer and a written receipt therefor
is provided to the appiicant.
2. The subdivider shall file with the
City Engineer the number of tentative maps the
City Engineer shall deem necessary, together
with evidence as to the ownership of the land
proposed to be divided.
3. Failure to submit all materials and
statements required by this Chapter shall
constitute grounds for rejection of the
appiication.
4. Upon accepting a complete tentative
map application, the City Engineer immediately
shall forward copies of such appiication to
all affected Agencies and City Divisions for
review and comment.
C. Environmental Review. The City Planner,
upon receipt of each tentative map application,
shall conduct an Environmental Analysis. If a
draft Environmental Impact Report is required, the
application for tentative map approval shall not be
considered completed until an Environmental Impact
Report is ready for presentation to the Advisory
Agency.
D. Advisory Agency Action. The Advisory
Agency shall approve, conditionally approve, or
d isapprove a parcel map or tentative map within
fifty 50) days after the complete appiication
therefor has been filed or, if an environmental
impact report is required, within forty-five 45)
days after certification of the Environmental
Impact Report. The Advisory Agency shall hold a
noticed public hearing on any such maps; notice of
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such public hearings shall be given in the manner
required by the Act. In the absence of a timely
filed written appeal, the decision of the Advisory
Agency shall be final and conclusive.
E. Appeal to Appeal Board, The subdivider or
a tenant of the subject property in the case of a
proposed conversion of residential real property to
a condominium, a community apartment or stock
cooperative project, who is dissatisfied with a
decision by the Advisory Agency, may appeal such
decision to the Appeal Board. Any such appeal
shall be filed with the City Clerk, as Secretary of
the Appeal Board not later than 20) days after the
effective date of the action of the Advisory
Agency. Prior to an action of the Advisory Agency
becoming final, the City Council may elect to
review, de novo, such decision. Such determination
by the City Counc il shall be deemed an appeal from
such decision.
Upon filing of an appeal, a noticed public
hearing before the Appeal Board shall be held
expeditiously; notices of the public hearing shall
be g iven as required by the Act. Following the
conclusion of the hearing, the Appeal Board shall
expeditiously render its decision affirming,
modifying or disapproving the determination of the
Adv i sory Agency.
F. Time Limits. The time limits for acting
on maps and appeals, as specified in this Chapter
and by the Act, may be extended by mutual consent
of the subdivider and the City. A waiver of time
limits may be required as a condition of accepting
an appiication for, or processing of, maps for the
purpose of permitting concurrent processing of
related approvals and/or an environmental analysis.
G. Time Extensions for Approved Tentative
Maps. Requests for time extensions for the filing
of final maps relating to approved tentative maps
shall be submitted to the Advisory Agency not less
than thirty 30) days before such map is due to
expire. The Advisory Agency shall review the
request, and either approve or deny the extension.
The aggregate period of time for all extensions
shall not exceed a total of twelve 12) months. If
the Advisory Agency denies an application for a
time extension, the subdivider may appeal to the
Appeal Board within 20) days after the effective
date of the denial of the extension.
H. Amendments to Approved Tentative Maps.
1. Minor changes to an approved
tentative map or to an approved parcel map may
be approved by the Director upon written
appiication by the subdivider, provided that:
a. No lots are added, deleted or
substantially altered thereby; and
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b. No proposed building locations
are substantially altered; and
c. Such changes are consistent with
the intent and spirit of the original
tentative map approval; and
d. There are no resulting
violations of this Chapter, the Act or
other appiicable laws.
2. Changes other than minor changes to
tentative maps or approved parcel maps shall
be processed in the same manner as the
application for the original approval. An
approved amendment shall not effect the
expiration date of the tentative map approval,
nor extend any right pursuant to a vesting
tentative map.
3. All amendments shall be indicated on
the approved map and certified by the Advisory
Agency.
I. Waiver of Parcel Map Requirements. The
Advisory Agency may waive the requirement of a
parcel map if it finds that the proposed division
of land complies with the requirements of this
Chapter and the Act as to area, improvement and
design, floodwater drainage control, appropriate
improved public roads, sanitary disposal
facilities, water supply availability,
environmental protection, and other requirements
imposed by this Chapter and the Act.
In any case where the requirement for a parcel
map is waived by the Advisory Agency, a tentative
map, at the discretion of the Advisory Agency, may
be required. A parcel map waiver may be
conditioned to insure compliance with the
provisions of this Article.
J. Stay Pending Outcome of Litigation. If a
lawsuit has been filed and is pending in a court of
competent jurisdiction affecting the validity of
the approval or conditional approval of a tentative
map, the subdivider may apply to the City within
ten 10) days of the service of the initial
Petition or Complaint upon the City for a stay of
the time in which a map will expire. Within forty
40) days after receiving the request, the Advisory
Agency shall stay the Map* s expiration date until
final conclusion of the action, if the action
affects the validity of the tentative map approval.
16.01.080. Form and Content of Tentative Maps.
A. Tentative maps shall be prepared by, or
under the direction of, a registered civil engineer
registered prior to January 1, 1982, or a 1icensed
land surveyor.
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R. The tentative map shall be clearly and
legibly drawn on one sheet. Whenever practicable,
map sheets should be no less than eighteen by
twenty-six inches 18" x 26"). In no case shall
the scale be less than one inch to eighty feet
1":801). All lettering shall be 1/8" minimum.
The map shall contain all of the following:
1. A title, which shall contain the
subdivision number, subdivision name, and type
of subd ivis ion 7 and
2. Name and address of the legal owner,
the subdivider, and person preparing the map,
including registration or license number; and
3. A sufficient legal description to
define the boundary of the proposed
subdivision; and
4. Date, north arrow, scale, contour
interval/ and source and date of existing
contours; and
5. Existing and proposed land use; and
6. A vicinity map showing data
sufficient to locate the proposed subdivision
and show its relation to the community; and
7. Existing topography of the proposed
site and at least 100 feet beyond its
boundary, includ ing but not 1imited to:
i) Existing contours at one foot
intervals; and
ii) The approximate location of
all trees standing within the boundaries
of the division of land and an indication
as to which trees are to be removed. The
d iameter of trees greater than six 6)
inches three 3) feet above grade shall
be indicated, and a statement on the
existing ground cover shall also be
submitted; and
iii) The approximate location and
outiine of existing structures identified
by type. Structures to be removed shall
be so marked; and
iv) The approximate location of
all areas subject to innundation or storm
water overflow and the location, width
and direction of flow of each water
course; and
v) The location, pavement and
right-of-way width, grade and name of
existing streets or highways; and
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ORD 919 Ü h£Ÿjì ã ¬ vi) The widths, location and
identity of all existing easements; and
vii) The location and size of
existing sanitary sewers, water mains and
storm drains and the approximate slope of
existing sewers and storm drains shall be
indicated. The location of existing
overhead utility 1ines on peripheral
streets shall be indicated.
C. Proposed improvements required to be shown
shall include, but not be limited to:
1. The location, grade, center line, and
curb return radii and arc length of curves,
pavement, right-of-way width and name of all
proposed and existing adjacent streets; and
2. Typical sections of all existing and
proposed streets and
3. The location, width and nature of all
easements; and
4. The approximate lot layout and the
approximate dimensions of each lot and of each
building site; engineering data shall show the
approximate finished grade of each lot; and
5. Location and nature of all proposed
recreation facilities; and
6. Location and nature of all proposed
common areas and areas to be dedicated for
public open space or reserved for common
private open space; and
7. The location, elevation and size of
existing and proposed sanitary sewers, water
mains and storm drains; and
8. Location and nature of all proposed
slopes; and
9. Dimensions of setbacks for proposed
structures; and
10. Phasing lines for proposed
developments;
D. The name or names of any geologist or
soils engineer whose services were utilized in the
preparation of the design of the tentative map;
E. Accompanying Data and Reports. The
tentative map shall be accompanied by the following
data or reports:
1. Title Report. A preliminary title
report close in time to filing date of the
tentative map•
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2• Owner's Affidavit. The subdivider
shall submit written verification that the fee
owner or owners of the realty have consented
to the filing of the tentative map.
3. Other Reports. Any other data or
reports deemed necessary by the Director.
16.01.090. Submission of Final Tract Maps and
Parcel Maps.
A. Form Content. The form and content of
final tract maps and parcel maps shall be as
required by the Act and this Chapter.
1. Preparation. Such maps shall be
prepared by, or under the direction of, a
registered c ivil engineer registered prior to
January 1, 1982, or 1icensed land surveyor. A
final Tract Map or parcel map shall be based
upon a field survey made in conformity with
the Land Surveyors Act and as required by this
chapter.
2. Certificates and Acknowledgments.
Prior to filing, the certificates and
acknowledgments required by the Act and this
Chapter shall appear on the final map and may
be combined where appropriate. Such
certificates and acknowledgments shall appear
on the face of the map unless the City
Engineer advises the subd ivider that such
certificates and acknowledgments are to be
made by separate instrument. If a certificate
or acknowledgment is made by separate
instrument, there shall appear on the final
map a reference to the separately recorded
documents.
3. Monuments. The number, type and
location of monuments shall be as set forth in
the Act and this Chapter and shall conform to
standards prescribed in Section 8771 of the
Business and Professions Code.
B. Submittal for City Approval. The
subdivider shall submit prints of the final map to
the City Engineer for checking. The preliminary
prints shall be accompanied by plans, reports and
documents in a form as approved by the City
Engineer, includ ing but not 1imited to the
following:
1. Improvement Plans. Improvement
construction plans as required by the City
Engineer; and
2. Soils Report. A preliminary soils
report, based upon test borings and prepared
in conformance with the requirements of
Chapter 70 of the Uniform Building Code
adopted by this Code, shall be required for
all tract maps and for those parcel maps which
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ORD 919 Ü h£Ÿjì ã ¬ involve commercial or industrial develop-
ment. The soils report shall be prepared by a
Civil Engineer reg istered in the State of
California.
The requirement of a preliminary soils
report may be waived or reduced in scope by
the City Engineer if, in his opinion, the soil
characteristics in the vicinity of the
proposed subdivision have been established by
previous analyses; and
Parcel maps which propose the
construction of single family dwellings shall
reguire the preparation of a report which
includes the subsurface soil classification as
well as the results of an expansive index
test; and
3. Title Report. A current title report
prepared by a title insurer; and
4. Improvement Cost Estimate. An
improvement cost estimate which shall include
all improvements within public rights-of-way,
easements, or common areas, on-and off-site
drainage improvements and utility trench
backfill as provided by the developer, except
for those utility facilities to be installed
by a utility company under the jurisdiction of
the California Public Utilities Commission;
and
5. Deeds for Easements and Rights-of
Way, Deeds for easements or rights-of-way
required which are not proposed to be
dedicated on the final map. Written evidence
acceptable to the City in the form of rights
of entry or permanent easements across private
property outside of the subd ivision permitting
or granting access to perform necessary
construction work and permitting the
maintenance of facilities, if required; and
6. Traverse Closures, Traverse closure
calculations for the boundary blocks, lots,
easements, street centeriines and monument
lines; and
7. Hydrology and Hydraulic
Calculations. Complete hydrology and
hydraulic calculations; and
8. Organization Documents. Any proposed
Declaration of Covenants, Conditions and
Restrictions and all other organization
documents for the subdivision in a form as
prescribed by Section 1355 of the Civil Code
of the State of California. All such
documents shall be subj ect to review and
approval by the Director and City Attorney;
and
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ORD 919 Ü h£Ÿjì ã ¬
ORD 919 Ü h£Ÿjì ã ¬
under the provisions of City ordinances regulating
the division of real property and the Subdivision
Map Act appiicable at the time of their creation,
or which were not subject to such provisions at the
time of their creation, even though the contiguous
parcels or units are held by the same owner; except
that if any one of the contiguous parcels or units
held by the same owner does not conform to
standards for minimum parcel size to permit use or
development under the zoning ordinance of the City
and the standards established by subsection C, then
those parcels or units shall be merged.
B. Any parcels or units which were deemed
unmerged, prior to January 1, 1984, under the Act,
and which have not been merged subsequently shall
be considered separate parcels for purposes of this
Section.
C. Continuous parcels or units of land held
by the same owner, on the date that notice of
intention to determine status is filed, shall be
merged if one of the parcels or units does not
conform to the minimum parcel size to permit use or
development under the Zoning Code and if all of the
following requirements are satisfied:
1. At least one of the affected parcels
is undeveloped by any structure for which a
building permit was issued or for which a
building permit was not required at the time
of construction, or is developed only with an
accessory structure or accessory structures,
or is developed with a single structure, other
than an accessory structure, that is also
partially sited on a contiguous parcel or
unit.
2. With respect to any affected parcel,
one or more of the following conditions
exists:
i) Comprises less than 5,000
square feet in area at the time of the
determination of merger.
ii) Was not created in compliance
with applicable laws and ordinances in
effect at the time of its creation.
iii) Does not meet current
standards for sewage disposal and
domestic water supply.
iv) Does not meet slope stability
standards.
v) Has no legal access which is
adequate for vehicular and safety
equipment access and maneuverability.
vi) Its development would create
health or safety hazards.
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ORD 919 Ü h£Ÿjì ã ¬ vii) Is consistent with the
applicable general plan and any
appiicable specific plan, other than
minimum lot size or density standards.
3. Subsection C.2. shall not apply if
any of the conditions stated in Section
66451.11 A)(B)(C)(D) or E) of the
Subd ivis ion Map Act exist.
D. Whenever the City Engineer has knowledge
that real property has merged pursuant to this
section he shall mail by certified mail to the
current record owner of the property a notice of
intention to determine status. The notice of
intention shall state: that the affected parcels
may be merged pursuant to this section; that the
owner may request, within 30 days from the date the
notice of intention was recorded, a hearing before
the Advisory Agency to present evidence that the
property does not meet the standards for merger;
and that the notice of intention was recorded with
the County Recorder on the date the notice of
intention was mailed. Upon receipt of a request
for a hearing, the City Engineer shall set the
hearing for a date not less than 30 days nor more
than 60 days from the date of receipt of the
request. The property owner shall be notified of
the hearing by certified mail. After the hearing
the city shall determine whether the affected
property has merged pursuant to this section. A
determination of nonmerger may be made whether or
not the affected property meets the standards for
merger specified in Section 16.01.100C.1. The
decision shall be made and notification of the
decision shall be mailed to the property owner
within five working days of the date of the
hearing. If the parcels have merged, the City
Engineer shall file a notice of merger with the
County Recorder within 30 days from the date of the
hearing unless the decision has been appealed as
provided in Subsection E. The notice of merger
shall specify the name or names of the record owner
or owners and shall particularly describe the real
property. If the parcels have not merged, the City
Engineer shall record a release of the notice of
intention within 30 days from the date of the
decision, and shall mail a copy of the release to
the owner. If no hearing is requested the decision
shall be made not later than 90 days after the
mailing of the notice of the opportunity for a
hearing.
E. If the owner requested a hearing, the
decision of the Advisory Agency may be appealed to
the City Council within 20 calendar days of the
date of mailing the notice of decision by filing a
written appeal with the City Clerk. A fee
established by City Council resolution shall be
paid at the time of filing the appeal. Upon
receipt of an appeal and payment of the fee the
City Clerk shall place the matter on the Council
agenda not less than 30 nor more than 60 days from
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the date of the appeal. If after a hearing the
Council grants the appeal, the City Clerk shall
record within 30 days with the County Recorder a
release of the notice of intention. If the appeal
is denied the City Clerk shall within 30 days
record a notice of merger with the County
Recorder. A copy of either the release or the
notice of merger shall be sent to the owners.
F. 1. Prior to January 1, 1986 the City
Engineer shall file with the County Recorder a
notice of merger for any parcel merged under the
provisions of any law prior to January 1, 1984. At
least 30 days before filing the notice of merger,
the City Engineer shall mail written notice to the
property owner of the intention to record the
notice and specify a time, date, and place which
the owner may present evidence to the Advisory
Agency why the notice should not be recorded.
2. If, after the hearing, the Advisory
Agency determines that the parcels have merged, a
notice of merger shall be filed. The decision of
the Advisory Agency may be appealed according to
the procedures established in subsection E.
16.01.110. Unmerger.
Any parcel or unit of land which merged
pursuant to the provisions of any law prior to
January 1, 1984 but for which a notice of merger
was not recorded on or before that date are deemed
unmerged if on January 1, 1984 all of the criteria
established by Section 66451.30(a) of the
Subdivision Map Act are met and if none of the
conditions of Section 66451.30 b) exist. Upon
request of an owner the city engineer shall file a
certificate of compliance whenever the engineer
determines that a parcel is unmerged pursuant to
this section.
16.01.120. Request for Determination of Merger.
A. A property owner may request that the City
Engineer determine whether property has merged
under section 16.01•100 or is deemed unmerged under
Section 16.01.110. A request for determination
shall be made in writing and shall be accompanied
by a fee established by City Council resolution.
B. Upon determination that property has
merged the City Engineer shall issue to the owner
and record with the County Recorder a notice of
merger.
C. Upon determination that property is deemed
unmerged the City Engineer shall issue to the owner
and record with the County Recorder a certificate
of compliance showing each parcel as a separate
parcel.
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16.01.130 Reversion to Acreage.
Subd ivis ions consisting of four or less
contiguous parcels under the same ownership may
revert to acreage by the filing of a parcel in
accordance with the provisions of this Chapter and
the Act.
16.01.140. Dedications. The City shall have the
authority to impose conditions of approval on a final
tract map or parcel map, reguiring the subdivider to
dedicate or make an irrevocable offer of dedication of
real property for streets, alleys, including access
rights and abutiers' rights, drainage, public utility
easements and other public easements.
Dedication" as used herein shall include a
dedication or waiver of direct access rights to future
or proposed public or private streets.
A. Acceptance or Rejection of Offer of
Dedication on Tract Maps. At the time the City
Council approves a final tract map, it may accept,
accept subj ect to conditions, or reject,
ded icat ions or offers of dedication.
Notwithstanding the foregoing, an irrevocable offer
of dedication shall continue in existence until the
same is expressly rejected by the City Council.
The City Clerk shall certify on the map the action
of the City Council.
B* Acceptance or Rejection of Offer of
Dedication on Parcel Maps. At the time the City
Eng ineer approves afinal parcel map, he shall
accept or reject offers of or dedication made by
certificate on such map. Notwithstanding the
foregoing, an irrevocable offer of dedication shall
continue in existence until the same is expressly
rejected by the City Engineer. The City Engineer
shall certify on the map the action of the City
Eng ineer.
16.01.150. Fees. The City Council, by
resolution, shall set reasonable fees in connection with
this Chapter, including but not 1imited to fees for
processing tentative, final and parcel maps; fees for
giving notice of public hearings; fees for copying and
distributing written reports on tentative maps; and fees
for processing mergers and reversions to acreage."
16.01.155. LOT LINE ADJUSTMENTS. For the purpose
of this Section, a Lot Line Adjustment" shall mean the
adjustment or relocation of any property 1ine between
two contiguous existing, legally created lots. No Lot
Line Adjustment shall be permitted where the effect is
to create additional lots or delete a lot. Lot 1ine
adjustments shall be permitted, provided that the
provisions of this Section are cornplied with.
A. Requirements. Any person desiring to
obtain approval of a Lot Line Adjustment shall file
a plat map 8-1/2" x 11") with the City Engineer
together with a filing and processing fee in an
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ORD 919 Ü h£Ÿjì ã ¬ amount as may be required by resolution of the City
Council. Said map shall contain the following
information:
1. Name and address of owner(s) whose
properties are shown on the map;
2. North Arrow;
3. Scale of Map;
4. Date of Preparation;
5. The name, location and width of all
streets and alleys abutting the property;
6. Tract and lot identification, lot
lines, bearings and dimensions of each of the
two lots;
7. Approximate location of existing
improvements, buildings and permanent
structures;
8. Location and width of all easements
upon or abutting the properties;
9. The location of the proposed lot
boundary line adjustment, together with all
appiicable dimensions and bearings;
10. The Signatures of all owners of lots
involved in such boundary 1ine adjustment.
11. Any other information required by the
City Engineer.
The City Engineer may, at his discretion,
require a survey of the properties involved, if he
finds the same necessary in order to provide an
adequate description of the subject properties.
B- Approval. The City Engineer shall approve
a Lot Line Adjustment map if he finds that;
1. No street or alley dedication or
improvements are necessary to properly serv ice
the properties involved in the proposed
boundary adjustment; and
2. The lots, as proposed by the boundary
1ine adj ustment, will conform, in all
respects, to the provisions of the Baldwin
Park Municipal Code; and
3. The new lot line is located in such a
manner so as not to substantially alter the
size and shape of the existing lots; and
4. That all record owners, Trust Deed
Holders and Lien Holders consent to the lot
1ine adj ustment.
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ORD 919 Ü h£Ÿjì ã ¬ Where the City Engineer finds all of the above facts to be
present, he shall approve the Lot Line Adjustment; and
thereafter, the owner or owners of the lots involved shall
cause a map, in a form approved by the City Engineer, to be
recorded.
If the City Engineer shall find any of the foregoing facts
not present, he shall deny such Lot Line Adj ustment and
shall advise the appileant thereof. In case of denial, the
applicant shall have the option of filing a parcel or tract
map.
16.01.160. VESTING TENTATIVE MAPS.
A* Purpose. It is the purpose of this
section to estabiish procedures necessary for the
implementation of the provisions of the Act
relating to Vesting Tentative Maps.
B* Defined. A Vesting Tentative Map" as
used in this section shall mean a tentative map for
a residential subdivsion, which shall have printed
conspicuously on its face the words Vesting
Tentative Map" at the time it is filed.
C. Appiication Filing.
1.. Vesting Tentative Maps shall apply
only to residential zoned properties.
Whenever a provision of the Act or this
chapter reguires the filing of a tentative map
or tentative parcel map for a residential
development, a vesting tentative map may
instead be filed•
2. 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 is
required of tentative maps pursuant to this
chapter except as hereinafter expressly
otherwise provided:
At the time of vesting tentative map is
filed it shall have printed conspicuously on
its face the words Vesting Tentative Map."
At the time a vesting tentative map is
filed a subdivider shall also supply the
following information:
i) height, size, and location
of buildings
ii) sewer, water, storm drain
and road details
iii) information on the uses to
which the buildings shall be put
iv) detailed grading plans
v) soils report
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vi) flood control information
vii) architectural plans
viii) any other stud ies or data
required by the engineer
D. Expiration. The approval or conditional
approval of a vesting tentative map shall expire at
the end of the same time period, and shall be
subject to the same extensions, established by the
Act and/or this chapter for the expiration of the
approval or conditional approval of a tentative
map.
E. Vesting on Approval of Vesting Tentative
Map* The approval or conditional approval of a
vesting tentative map shall confer a vested right
to proceed with development in accordance with
Section 66474.2 of the Act.
F* Repeal. However, if Section 66474.2 of
the Act is repealed, the approval or conditional
approval of a Vesting Tentative Map shall be deemed
to have conferred a vested right to proceed with
development in substantial compliance with the
ordinances, policies, and standards in effect at
the time the vesting tentative map is approved or
conditionally approved.
G. The vested rights referred to herein shall
expire if a final map is not approved prior to the
expiration of the vesting tentative map as provided
in this chapter. If the final map is approved, the
said vested rights shall last for the following
periods of time:
1. An initial time period of one year;
2. A subdivider may apply for a one-year
extension at any time before the initial time
period set forth in 1) above expires. If the
extension is denied, the subdivider may appeal
that denial to the Appeal Board within 15 days
after such denial.
SECTION 3. That if any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
Ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the
validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective
of the fact that one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional.
SECTION 4. That the City Council has considered
the initial study conducted with respect to the above
matter. The City Council has, as a result of its said
consideration, and the evidence presented at the hearing on
the said matter determined that the Negative Declaration as
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heretofore filed and proposed as a result of the said
initial study is appropriate and does hereby find that the
said Negative Declaration has been prepared and considered
pursuant to the California Environmental Quality Act of
1970/ as amended, and does hereby approve the said Negative
Declaration.
SECTION 5. That this ordinance is hereby declared
to be an urgency measure and shall take effect immediately
upon its adoption. The statement of facts constituting the
urgency is as follows: A number of amendments to the
Subdivision Map Act were enacted by the Legislature in 1984
with an effective date of January 1, 1985. This ordinance
is necessary to bring the City* s Subdivision Regulations
into conformance with these new state requirements. In
addition. City staff has informed the Council that a number
of maps shall soon be filed with the City Eng ineer, and it
is necessary for these maps to be considered in 1ight of the
procedures set forth by this Ordinance.
SECTION 6. That the City Clerk shall certify to
the adoption of this Ordinance and cause the same to be
published in the manner prescribed by law.
1986.
PASSED AND APPROVED this 6th day of January_____9
MAYOR
ATTEST:
/^
CI'PY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park
do hereby certify that the foregoing Ordinance No. 919 was
passed and approved as an urgency ordinance at a regular
meeting of the City Council of the City of Baldwin Park on the
6th day of January, 1986, by the following vote:
AYES COUNCILMEN GIBSON, KING, IZELL, MCNEILL AND MAYOR WHITE
NOES COUNCILMEN NONE________________________________________
ABSENT: COUNCILMEN NONE
c^
LINDA L. GALR, CITY CLERK
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9. Letter of Certification-Water
Agencies. The subdivider shall submit to the
City Engineer written certification from the
affected water provider that adequate domestic
water fac ilities are or will be available to
serve the proposed project and that all
necessary financial arrangements have been
made to ensure construction of such
facilities; and
10. Other Reports * Any additional data,
calculations, reports, or information as
required by the City Engineer.
C. Approval of Final Maps.
1. Final Tract Maps. Each final tract
map filed for approval, together with any
improvement agreements, shall be submitted to
the City Council for approval after all
required certificates on such map have been
signed and, where necessary, acknowledged.
The City Council shall, at the meeting at
which it rece ives the final map, or at its
next regular meeting after the meeting at
which it receives the map, approve the final
map if it conforms to all the appiicable
requirements of the Act and this Chapter. If
the final map does not so conform, the City
Council shall disapprove the map.
2. Final Parcel Maps. The Zoning
Administrator shall review final parcel maps
and shall approve each such map if the map
conforms to the applicable requirements of
this Chapter and the Act. If the map does not
so conform, it shall be disapproved.
D. Disapproval of Final Tract and Parcel
Maps. If a final tract map or parcel map is
disapproved for failure to meet any of the
requirements imposed by the Act or this Chapter,
such disapproval shall be accompanied by findings
identifying the requirements which have not been
met or performed. Approval of a final tract or
parcel map shall not be withheld when the failure
of the map to comply is the result of a technical
and inadvertent error which, in the determination
of the City Counc il does not materially affect the
validity of the map.
E. Recording of Final Tract and Parcel
Maps. After a final tract map or parcel map has
been approved as provided in this Chapter, the map
shall be transmitted to the County Recorder for
recordation.
16.01.100. Merger.
A. This Section shall not apply to the sale,
lease or financing of one or more contiguous
parcels or units of land which have been created
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