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HomeMy WebLinkAboutORD 415ORD 415x ôÎÀ?ORDINANCE NO. Ljp AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9500 THROUGH 9506 ET SEQ. OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LOT SPLITS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWSi SECTION 1, That Sections 9500 through 9506 e Baldwin Park Municipal Code. are hereby amended, respective^ to read as followsi OO. LOT SPLITS, DEFINITIONS, a) Lot Split1 for the purposes of this Chapter, shall mean any real property. Improved or unimproved, or any portion thereof, which is shown on the fast approved County Tax Roll. in effect as of October I, 196U» as a unit or as contiguous units, which s 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 follow- ingi l) any lease of real property for a period of 5 years or less{ 2) any lease of any port of an apartment house, community apartment project, commercial building or trailer park, which does not Involve a division, by lawful conveyance, yf real property, b) Map' shall mean a lot split survey map, which shalli 1) be prepared by a registered civil engineer or a licensed surveyor^ 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) Plan' shall mean the plot plan submitted to the City Engineer, indicating the nature of the proposed division of land, which plan shall be submitted prior to the submission of a map. d) 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." 9501. COMPLIANCE WITH THIS CHAPTER^ No person shall divide any real property Into four or less lots without first complying with the provisions of this Chapter. Any conveyance, sale, or contract to sell or lease property made contrary to the provi- sions of this Chapter shall be voidable to the extent, and In BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 415x ôÎÀ?the same manner, as provided In Section 115^0 of the Business and Professions Code of the State of California, to which reference Is hereby made." 9502. FILING OF PLAN, A person who desires to obtain approval of a lot split, shall file with the City Engineer the followlngi a) The original and two copies of a plan; and b) A written application for such division, in a form to be established by the City Engineer} and c) A filing and processing fee in the sum of $25.00." O?. CITY ENGINEER, SUBMISSION OF PLANS. Upon receipt of a plan, together with the fee and application, the City Engineer shall examine the same to determine whether the proposed divi- sion of land would meet all requirements of the Baldwin Park Municipal Code If approved, A copy of the plan shall be submitted to the Director of Planning of the City, who shall determine whether the said plan, as proposed, comp \^ with the provisions of the Baldwin Park Municipal Code relating to zoning regulations. No plan shall be tentatively approved, nor shall any map be approved, by the City Engineer, unless all requirements of this Code are met, and each lot, as proposed on the said plan and/or map, has at least 50 feet of frontage or In the case of tots abut- ting a cul-de-sac twenty-five 25) feet of frontage uponr e) a dedicated public street,not less than 1*0 feet in wid^ or b) upon an existing private street. If It is found by the City Engineer and Director of Plan- ning, each of the lots wi I have the required frontage upon a dedicated public street, but that the street has not been fully dedicated In the area abutting the subject lot or lots, so as to bring the street up to a minimum of 60 feet of dedicated width, or such other width as may be designated on the Master Plan for the abutting street, the Engineer shall require that sufficient dedication for street purposes be offered by the f owner to the City, so as to meet such minimum required street wtdth. Such dedication shall be accomplished prior to the submission and approval of a map. Whenever ded?cat7on is require^ the offer bf dadication^shal be transmitted-16 the City Clerk i^r acceptance and recordation prior to the Engineer's approval of plan or map. 2- BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 415x ôÎÀ?Where proposed lots abut an existing private street, the owner of such lot or jots shall dedicate that portion of the said private street, lying within such lot or lots, to the City for public street purposes. The City Engineer shall determine, prior to the submission of a map, whether curbs, gutters, or sidewalks, or any of the Improvements are In place, or. if the same exist, that they are In good condition and repair, upon each of the lots as shown on the said plan* If curbs, gutters or sidewalks, or any of them. hereafter Improvements") have not been constructed and installed upon the street frontages of such lots, or If the Engineer finds that reconstruction of all or a part of said improvements are required as a safety measure, the map and/or plan shall be denied unless: a) such Improvements are constructed, or reconstructed, prior to the submission of the map. In accordance with City standards therefor; or b) that the applicant has guaranteed the construction or reconstruction, of such Improvements either by a cash deposit with the Director of Finance or the filing of an Instrument of credit with the City EAg-ineer, as.defined n the State Subdivlsior Map Act, Such cash deposit and/or Instrument of credit shell be In the amount estimated by the City Engineer as being equal to the cost of such construction or reconstruction. If the City Engineer and the Director of Planning find that the plan Is in accordance with all applicable provisions of this Code, Including, but not limited to, this Chapter, the City Engineer shall advise the applicant thereof, and shall Indicate to him that he has a period of time, not to exceed 60 days, within which to file a map as hereinafter provided,n 950^ DUTIES OF CITY ENGINEER, a) P'"0^!* Where the City Engineer and Director of Planning heve approved a plan, the applicant shall submit a map, the form and content of which shall substantially comply with Section 9200 et seq. hereof, with reference to parcel tract maps. No map shall be approved» I) Unless the required dedication has been offered to the City^ 2) If curbs, gutters and/or sidewalks are required and have been either constructed or reconstructed, or bonded for, 5) unless the map conpjies with 5- BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 415x ôÎÀ?all provisions of this Code, In the manner hereinabove set forth. If the Engineer finds that all such conditions have been met by the map as submitted, he shall approve the same by endors- ing his approval upon the map and executing an affidavit, in a form approved by the Ctty Attorney, indicating the fact of such approval and thereafter shall cause the affidavit to be recorded In the office of the County Recorder of the County of Los Angeles, at the sole cost of the applicant, b) Disapproval* If the Engineer finds that any of the requirements of this Chapter have not been met with respect to a map, he shall disapprove the same* AppeaI. If any applicant is dissatisfied with the action taken with respect to such a plan or map, either as to Its disapproval or as to any condition of approval imposed thereon, he shall have the right of appeal to the Board of Zoning Adjustments. Such appeal shall be in writing, accom- panied by a filing and processing fee in the sum of $5^00, and shall be filed with the Secretary of the Board of Zoning Asjustments within 60 days after the Engineer has mailed notice to the applicant of his determination," 9505, ACTION OF BOARD OF ZONING ADJUSTMENTS^ When the Secretary of the Board of Zoning Adjustments receives a notice of appeal from an applicant with reference to a plan or map, said secretary shall set the matter for hearing upon the next agenda of the Board of Zoning Adjustments. The applicant shall be given written notice of the time and place of such hearing, and the Board, at the time of such hearing, shall give the applicant a reasonable opportunity to present evidence to show the action of the City Engineer and/or Director of Planning was arbitrary, capricious or unreasonable. The burden of proof shall be on the app11 cant. Where the Engineer has denied approval of either a plan or map for the reason that one or more of the lots, as proposed, do not abut upon a public or private street, the Board shall deny the map and refuse to give approval thereto, unless It finds that all the following facts exist:' BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 415x ôÎÀ?a) Thai- ther^e are exceptional or extraordinary circum- stances or conditions applTcable to the property Involved or whtch do not generally apply to other property of a similar nature; and b) That the granting of the map will not be materially detrimental to the public welfare or injurious to adjacent properties? and c) That the granting of the map will not adversely effect the general plan of the City; and d) That such approval is necessary to permit the property owner to use and enjoy the property Involved. The Board of Zoning Adjustments In passing upon such an app«« shall have the authority and power to condition its approval on the map so as to render the proposed division compatible with the provisions of this Chapter and othT provisions of the Baldwin Park Municipal Code. The action of the Board shall be final and conclusive on the 10th day after the adoption of the Board^ resolution, or upon the day following the next regular City Council Meeting, which ever date occurs first. In the absence of an appeal to the City Council In the manner herein- after set forth." 9506. APPEAL TO COUNCIL, Any applicant aggrieved by the decision of the Board of Zoning Adjustments with respect to a lot split map shall have the right of appeal to the City Council. Such appeal shall be filed with the City Clerk within 10 days after the determination of the Board of Zoning Adjustments, Upon receipt of such an appeal, together with a fee In the amount of $50»00, the City Clerk shall place the same on the City Council's agenda for a public hearing and shall give the applicant at least 10 days* written notice of the time and place of such heering, The hearing for the City Council shall be a de novo hearing and the burden of proof shall be on the applicant to show that the action of the Board and/or Engineer was arbltrar capricious and unreasonable under all of the circumstances. The action of the Council shall be to approve, approve with condition- er eny the appeal. This same standard shall govern the Council1' action as are applicable to the Board of Zoning Adjustments. Th< acXon of the City Council shell be final and conclusive.rt 5- BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 415x ôÎÀ?SECTION 2. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner pre- scribed by law, ADOPTED AND APPROVED this Tth day of___Juty_____, 1965. T"L^i_U, L^^feg^ Ivory D. erTtes, Mayor ATTEST: zC^ r'^^^ Thelma L. Balkus.ctty Clerk STATE OF CALIFORNIA COUNTY OP LOS ANGELES) SS. CITY OF BALDWIN PARK I, THELMA L, BALKUS, City Clerk of the City of Baldwin Park. do hereby certify that the foregoing Ordinance No,J^(5was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of June» 1965. That, thereafter, said ordinance was duly adopted and passed at a_____________regular meeting of the City Council on the 7th jay of July 1965, by the following vote» AYES; COUNCILMEN GREGORY, MOREHEAD, ADAIP, MCCARON AND MAYOR CRITES NOES i COUNCI LMEN NE__________________________________ ABSENT i OOUNCllAFN N°NE 2^ y^^^ Thelma1 L. Balkus, City Clerk 6- BIB] 37949-U01 ORD-U02 415-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31662-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04