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Home My WebLink AboutORD 429ORD 429ÜÂh£ŸjìÀgORDINANCE NO. 429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9300, 9304, 9305 and 9306, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO LOT SPLITS. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION.1. That Sections 9300, 9304, 9305 and 9306 of the Baldwin Park Municipal Code, are hereby amended 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 October 1, 1964, as a unit or as contiguous units, which is divided, or is pro- posed 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: 1) any lease of real property for a period of 5 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 division, by lawful conveyance, of real property. b) Map' shall mean a Parcel Map as that phrase is defined in Section 11575 et. seq. of the Business and Professions Code of the State of^California, to which reference is hereby made. Said Map shall be prepared in accordance with the provisions of Section 11575 et. seq., and shall contain all the information as required by said provisions. c) Plan' shall mean the plot plan sub- mitted 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 pre- paid, addressed to the applicant, appellant or other interested party requesting such notice, at his last known mailing address. e) Subdivider' shall mean any person who applies for a lot split pursuant to the provisions of this Chapter." s FIRST N".......,.11" 3-^ 5. SLCG:iO \D.NG...-A-l-..lrl.-'.(f-5. BIB] 37949-U01 ORD-U02 429-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31674-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 429ÜÂh£ŸjìÀgORDINANCE NO. 429 Page 2- 9304. DUTIES OF CITY ENGINEER. a) APPROVAL. Where the City Engineer and Director of Planning have approved a plan, the applicant shall submit a map, the form and content of which shall comply with all of the provisions of Section 11575 et, seq. of the Business and Professions Code of the State of California. No Map shall be approved: 1) unless the required dedication has been offered to the City; 2) if curbs, gutters and/or side- walks are required and have been either constructed or reconstructed, or bonded for; 3) unless the map complies with all provisions of this Code, in the manner hereinabove set forth. If the Enginner finds that all such conditions have been met by the map as submitted, he shall approve the same by endorsing his approval upon the map and thereafter causing the map 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. c) APPEAL. 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, accompanied by a filing and processing fee in the sum of $50.00, and shall be filed with the Secretary of the Board of Zoning Adjustments within 60 days after the Engineer has mailed notice to the applicant of his determination." 9305. 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 applicant." BIB] 37949-U01 ORD-U02 429-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31674-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 429ÜÂh£ŸjìÀgORDINANCE NO. 429 Page 3 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: a) That there are exceptional or extra- ordinary circumstances or conditions applicable to the property involved or which 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 appeal 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 other 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's resolution, or upon the day following the next regular City Council Meeting, whichever date occurds first, in the absence of an appeal to the City Council in the manner hereinafter set forth. After the action of the Board has become final, the City Engineer shall endorse the fact of the Board's approval on the Parcel Map and cause the same to be recorded in the office of the County Recorder at the expense of the applicant," 9306. APPEAL TO COUNCIL. Any applicant aggrieved by the decision of the Board of Zoning Adjustments with respect to a 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, to- gether 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 hearing. City Council shall conduct a de novo hearing upon said appeal; the burden of proof shall be on the applicant to show that the action of the Board and/or Engineer was arbitrary, capricious and unreasonable under all of the circumstances, in view of the standards set forth in Section 9305 hereof. The action of the Council shall be to approve, approve with conditions or deny the appeal. The action of the City Council BIB] 37949-U01 ORD-U02 429-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31674-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 429ÜÂh£ŸjìÀgORDINANCE NO. 429 Page 4 shall be final and conclusive. After the action of the Council has become final, the City Engineer shall endorse the fact of the Council's approval on the Parcel Map and cause the same to be recorded in the office of the County Recorder at the expense of the applicant." SECTION 2. 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, PASSED AND APPROVED this 17th day of November____, 1965. Tr-t^^--^-^ J)uL^ /^fayor ATTEST: c^^^ City Clerk STATE OF CALIFORNIA COUNTY OF 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. 429 was regularly introduced and placed upon its first reading at a______________ regular meeting of the City Council on the 3rd day of November 1965. That, thereafter, said ordinance was duly adopted and passed at a_______________regular meeting of the City Council on the 17th day of November____, 1965, by the following vote: AYES: COUNC I LMEN GREGORYj MOREHEAD, ADAIR, MCCARON AND MAYOR CRITES NOES: COUNC I LMEN mm__________________________________ ABSENT: COU NC I LMEN mm_______________________ 4^^ c?^-^^l^^^ Thelma L. Balkus, City Clerk BIB] 37949-U01 ORD-U02 429-U02 LI2-U03 FO31549-U03 FO31648-U03 DO31674-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04