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HomeMy WebLinkAboutORD 305ORD 305ê79wS ×Pï» 01 ORDINANCE NO. 305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9300. 9301. 9302. 9303. 9304. 9305. 9306. 930', and 9308 OF THE BALDWIN PARK MUNI- CIPAL CODE, AND ADDING SECTIONS 9309 AND 9310 TO SAID CODE, AND REPEALING AND RES- CINDING SECTIONS 9308.1 OF SAID CODE, RELAT ING TO LOT SPLITS. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION I. That Section 9308.1 of the Baldwin Park Municipal Code is hereby repealed and rescinded. SECTION 2. That Sections 9300. 9301. 9302. 9'503. 9304. 9305. 9306. 9307 and 9308 of the Baldwin Park Municipal Code are hereby amended, and Sections 9309 mid 9310 are hereby added to said Code, to read, respectively, as follows: 9300. Lot Splits. Definitions. a) Lot split' for the purposes of this Chapter, shall mean any real property, improved or unimproved, or any portion thereof, which Is shown on the last approved County Tax Roll, in effect as of the effective date of this Chapter, as a unit or as contiguous units, which Is divided, or is proposed to be divided, for immediate or future sale or lease by any person, Into four or less parcels or lots. Lot split shall not include the following: I) any lease of real property for a period of two years or less; 2) any lease of any part of an apartment house, community apartment project, commercial building or trailer park, which does not involve a divi- sion, by lawful conveyance, of real property. b) Maps shall mean a lot split survey map, which shall: 1) be prepared by a registered civil engineer or a licensed sur- veyor; and 2) contain the exact dimensions and bearings of each line, the monuments set, and all matters required to be shown on a final subdivision map as set forth In this Code. c) Notice' shall mean a written notice, deposited in the United States Mail, postage prepaid, addressed to the applicant, appellant, or other interested party requesting such notice, at his last known mailing address. section 9301. Compliance With This Chapter No person shall divide any real property into four or less lots, without first complying with the provisions of this Chap- ter. Any document of conveyance, sale, contract to sell or lease, made contrary to the provisions of this Chapter shall be voidable to the extent, and in the same manner, as provided in Section 11540 of the Business and Professions Code of the State of Calif- ornia to which reference Is hereby made. Section 9302 Filing of Maps Any person desiring to obtain approval of a lot split, shall file with the City Engineer the following: a) the original and three copies of a map; and b) a written application for such division, In the form to be approved by the City Engineer; and c) a filing and processing fee in the sum of $25.00. Section 9303 City Engineer, Approval of Maps City Engineer shall approve any map which is properly filed with him, If all of the following conditions are found by him to be in existence: a) that each new parcel or lot, as shown on the map, will abut upon a dedicated and improved public street; ORD 305ê79wS ×Pï»and b) that no street dedication or improvement, i,e., curbs, gutters, sidewalks, or street, improvements, is proposed or required to properly service the new lots or parcels; and c) that no dedication for a street opening Is required under the City's Master Plan of streets and hl hways as it now exists or as tt may hereafter be amended; and d3 that no installation or removal of any public utility line or facility, nor any dedication for public utility easements is required, to properly service the property= and e) that the form and content of the map complies with provisions of this Code; and f) that approval of the map, as submitted, is in conformity with all other applicable sections of this Code. Section 9304 Duties of City Engineer a) Approval. Upon receiving a map, the City Engineer shall, as soon as Is practicable, determine whether the conditions required by Section 9303 of this Code exist. If such conditions are, in the opinion of the City Engineer, met, he shall, thereupon, endorse his approval upon the map, and execute an affidavit, In the form as approved by the City Attorney, indicating the fact of such approval, and thereafter cause said affidavit to be recorded in the office of the Recorder of the County of Los Angeles. The cost of such recording shall be borne by the applicant, in addition to the filing and processing fee as hereinabove set forth. b) Disapproval. If the City Engineer finds that any of the requirements of Section 9303 are not present, he shall disapprove the map, and shall forward the map together with his file relating thereto, to the secretary of the Planning Commission and give notice to the applicant of his action. Section 9305 Dedications and Improvements No dedication, installation, or removal of public utility or facilities or improvements, shall be deemed to be required within the meaning of Section 9303 hereof, where such dedication, installation, removal or improvement has been completed, or has been adequately provided for, prior to the filing of the map, by an agreement executed between the applicant, other necessary parties, and the City, which insure that such dedication, installation, removal or improvement will be accomplished by the applicant. Section 9306 Planning Commission Action When a map has been disapproved by the City Engineer, in the manner hereinabove set forth, and the map and the engineer's file have been forwarded to the secretary of the Planning Commission, the secretary shall advise the applicant of such action, and shall, upon receipt from the applicant of a further filing and processing fee in the sum of $35.00, set the matter for hearing before the Commission. The secretary of the Commission shall give ten days' notice of the time and place of the hearing to the applicant, any person requesting the same. At the time of said hearing, the Planning Commission shall consider the engineer's file, the map, and such other staff reports as may be applicable thereto, and any evidence offered by the applicant or any other interested person. The Commission shall recommend to the City Council that the map should be approved, if all of the conditions required by Section 9303 hereof are present; if It finds that any one or more of said conditions are not present, it shall recommend to the Council that the map either be disapproved or conditionally approved so as to insure that said conditions will obtain prior to the approval of said map or within a reasonable time thereafter. The action of the Planning Commission shall be by resdlu- tion, and the resolution containing the Planning Commission's recom- mendations and its file shall be forwarded to the City Clerk for sub- mission to the City Council in the manner hereinafter set forth. ORD 305ê79wS ×Pï» Section 930! City Council Action Upon rweipt by the City Clerk of the Planning Commission's recommendation upon a map, together with applicable staff reports and files pertaining thereto, the City Clerk shall set the matter for a hearing before the City Council. The City Clerk shall thereafter give ten days' written notice of the time and place of said hearing, to the applicant, any person requesting such notice. The City Council shall consider the Planning Commission's recommendations, and other files and staff reports relating to the map, and if it finds that all of the conditions required by Section 9303 are present, it may approve said map. If the Council finds that any one or more of the conditions required by Section 9303 hereof, are not present: a) it may condition its approval of the map in such a manner so as to require compliance with the pro- visions of Section 9303; or b) If the Council finds that literal compliance with the provisions of 9303, with the exception of subparagraph f), would work an undue hardship upon the applicant, it may waive compliance with the requirements as stet forth in said section, provided It finds that the General Plan and the Master Plan of Streets and Highways will not be adversely affected by such waiver. The action of the City Council shall be final and conclusive." Section 9306 Recording of Inap The City Council's resolution approving or conditionally approving any such map, shall have attached thereto, as an exhibit, the map as approved. Thereafter, the City Clerk shall record the resolution together with the attached map with the Recorder of the County of Los Angeles. The cost of such recording shall be borne by the applicant, in addition to the filing and processing fee as hereinabove set forth. Section 9309 Conditions of Approval If the City Council approves a map on certain terms and conditions, the applicant shall comply with each and every such condition so imposed within a period of 60 days after final action of the City Council is taken upon the resolution of approval. Provided, that the City Counvil may for good cause, find in its resolution that this provision of the Code does not apply to a parti- cular map approval where unusual conditions obtain. Section 9310 Commission and Council Hearings Hearings before the City Council and the Planning Com- mission with reference to a map, shall not be formal public hearings, provided that said Commission and Council shall hear any relevant evidence offered by the applicant or any other interested person, and shall consider the files relating to the said map together with any staff reports which may therein be included. SECTION 3. That the City Clerk shall certify to the adoption of this ordinance and cause the same to be posted in the manner prescribed by law. PASSED AND APPROVED this 16th day of October 1963. ATTEST eE. 5 City Clark i Mayor ORD 305ê79wS ×Pï» STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. Or was regularly introduced and placed upon fits 4trat reading at a regular meeting of the City Council on the 18th day of September 1963. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of October 1963 by the following vote: AYES: CWNCILAIIEN MOREHEAD, BISHOP, HOLMES, AND MAYOR BLOXHAM NOES: COUNCILMEN NONE ABSENT: COUNCILMEN TAYLOR C~ ty C I erk ORD 305ê79wS ×Pï» ORD. NO. 305 CERTIFICATE OF POSTING STATE OF CALIFORNIA COUNTY OF LOS A14GELES SS: CITY OF BALDWIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Bal-dw'in Park; that on the gja day of 0 to r 196 3. 1 caused to be posted In tfiree conspicuous places a copy o Or No. 1.05• as mitred by law and the Baldwin Park Municipal Code. tT1E L. BA C ry C erk Subscribed and sworn to bofore me this SEAL) a day of-- NloMry Public e at California r-..,,;'o cr ffl~,-Los Arge.lq County 4EVA ELDER PUGH, Notary Public, State of California Principal office, Los Angeles County My Commission Expire$ March 6. 1967 4657 North Merced Ave.. Baldwin Park. 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