HomeMy WebLinkAboutORD 703ORD 703 Ü h£Ÿjì  O
ORDINANCE NO. 703
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING CERTAIN
PROVISIONS OF THE BALDWIN PARK MUNICIPAL
CODE RELATING TO SUBDIVISION REGULATIONS
URGENCY)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Sections 9200 through 9307 inclusive of the
Baldwin Park Municipal Code are hereby repealed and rescinded.
SECTION 2. That Sections 8000 through 8014 inclusive, are
hereby added to the Baldwin Park Municipal Code to read as follows:
ARTICLE VIII SUBDIVISION REGULATIONS
8000. Purpose. The provisions of this Article are adopted
pursuant to the Subdivision Map Act Section 66411 et seq. of the
Government Code; hereafter Act") for the purpose of regulating the
design and improvement of subdivisions, and requlating other divisions
of land within the City.
8001. Name. This Article shall be referred to as the City's
Subdivision Regulations",
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8002. General.
a) Designations, Pursuant to the Act, the following
designations are made:
1) Advisory Agency'. The Planning Director and
Director of Public Works shall act as the advisory agency
within the meaning of said Act and shall report their
findings and recommendations on subdivisions and other
matters within their jurisdiction as described in said
Act, and in this Article, to the City Council of the City
of Baldwin Park;
2) Appeal Board'. The City Council of the City of
Baldwin Park, shall act, where appropriate, as the Appeal
Board for purposes of the Act and this Article.
b) Maps.
1) Tentative Maps. Whenever the Act or this Article
require that a parcel map be prepared and submitted for
approval and recordation, a tentative map shall first be
prepared and submitted in accordance with the provisions
of the Act and/or this Article.
2) Filing of Maps. Whenever a tentative, final or
parcel map is required to be filed pursuant to the Act
or this Article, such map shall be filed with the Director
of Public Works.
c) Adoption of Standards. Whenever improvements are required
to be constructed, pursuant to the Act or this Article, the construc-
tion of such improvements shall be accomplished in compliance with
the City's standards therefor, which have heretofore been adopted by
the City Council of this City. Copies of said standards are on file
in the office of the City Clerk of this City and are available for
public inspection.
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ORD 703 Ü h£Ÿjì  O d) Definitions, Except where the context otherwise
clearly require, the definitions, set forth hereinafter, shall
be applied to the words and phrases used in this Article.
1) The definitions S3t forth in the Act shall be
deemed to be definitions applicable to the same words and
phrases used in this Article; and
2) Lot Split. Whenever the phrase lot split' is
used in this Article, said phrase shall be deemed to mean
a division of land which has the effect of creating four
or less lots, improved, or unimproved, shown on the
Equalized Los Angeles County Assessment Roll in effect as
of October 1 1964 as a unit or as contiguous units,
for the purpose of sale, lease or financing, whether im-
mediate or future. Units shall be considered contiguous,
even if the same are separated by highways, alleys, streets,
utility or public easements or railroad rights of way. lot
split' shall also include a condominium project as defined
in the Civil Code and a community apartment project defined
in the business and professions code. Conveyance of land
to a public entity or public utility shall not be considered
a division of land for the purposes of computing the number
of parcels or lots to be created by a lot split; and
3) City shall mean the City of Baldwin Park; and
4) Director of Public Works shall mean the Director
of Public Works of the City of Baldwin Park; and
5) City Clerk shall mean the City Clerk of the City
of Baldwin Park; and
6) That the definitions set forth in the Baldwin Park
Zoning Regulations shall be deemed to be definitions appli-
cable to this Article.
8003. Improvements, No subdivision, lot split or other division
of land contemplated by said Act and/or this Article, shall be approved
unless the following improvements are constructed or required to be con-
structed in order to service the lots being created:
a) an adequate distribution system designed and constructed
for the purpose of supplying domestic water for use on each lot
proposed to be created, and for fire fighting purposes; and
b) an adequate sewage system designed and constructed to
serve each lot being created; and
c) an adequate storm water drainage system designed and
constructed so as to serve each of the lots proposed to be created;
and
d) an adequate public and/or private street and/or alley
system designed and constructed to serve each lot proposed to be
created; and
e) an adequate system designed and constructed so as to
provide all necessary utilities to each lot proposed to be created,
including, but not limited to facilities for water, natural gas,
electricity, telephone services;
f) any and all other public improvements, necessary to
provide all services to each lot proposed to be created.
Each tentative map shall be reviewed by the staff, the advisory agency and/or
the City Council, and thereafter, steps shall be taken to insure that all of
the improvements reasonably required to service all of the lots proposed to be
created are specifically required as conditions of approval on such tentative
maps.
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8004. Dedications. No subdivision, lot split or other divi-
sion of land contemplated by the Act or this Article, shall be approved,
unless thesubdivider and/or owner dedicates to the City, or, at the option
of the City, makes irrevocable offers of dedication to the City, of suffi-
cient interests in real property, located within the boundaries of the
subdivision, lot split or other division of land, to accommodate all streets,
alleys, drainage facilities, sewage facilities, public utility easements and
such other easements, as may be deemed necessary to properly service the lots
proposed to be created, including, but not limited to, dedication, or irre-
vocable offers of dedication, of access rights and/or abutter's rights of
whatever kind or nature. Where appropriate on a particular subdivision,
lot split or other division of land contemplated by the Act or this Article,
the waiver of direct access rights, as contemplated by Section 66467 of the
Act may be required, if the public interest necessitates such waiver, as
determined by the City Council.
Ihe precise areas proposed for such dedication or offers of dedica-
tion, shall be established as conditions of approval on the tentative map
proposed for such subdivision, lot split or other division of land.
8005. Parcel Maps. Where dedication of property is required, with
reference to a parcel map, such dedication shall be accomplished by a certi-
ficate placed upon the face of the parcel map, in the same manner as is re-
quired of a final map pursuant to the Act.
8006. Existing Improvements. Notwithstanding the provisions of
Section 8003 Improvements) and Section 8004 Dedications) hereof, no im-
provements and/or dedications shall be required of any lot split where the
lots proposed to be created by such lot split are already serviced by exist-
ing improvements and/or dedications that are deemed to be adequate in the
opinion of the Director of Public Works.
8007. Limitation on Improvements. Improvements and/or dedications
required pursuant to Sections 8003 and 8004 hereof, with reference to a sub-
division, lot split or other division of land contemplated by the Act and/or
this Article, may be so required whether the same are included within the
boundaries of the tentative map for such subdivision, lot split or other
division of land contemplated by the Act or this Article, provided that such
improvements and/or dedications are reasonably required to service the lots
proposed to be created by such land division.
8008. Reservations of Conditions. Where the City Council finds that
the public interest so requires, it may, as a condition of approval, on a
subdivision, lot split or other division of land contemplated by the Act or
this Article, require that there be a reservation of land made for parks,
recreational facilities, fire station, libraries or other public uses, as
contemplated by Section 66479 of the Act. No such reservation shall be so
imposed except in compliance with the provisions of the Act.
8009. Reimbursement. Pursuant to Section 66485 of the Act, where
the City Council finds that the public interest so requires, it shall be
deemed a requirement of this Article that any subdivision, lot split or other
division of land contemplated by the Act or this Article, that the subdivider
shall supplement the size, capacity or number of any improvements otherwise
required for the benefit of the lots proposed to be created, which said supple
mental size, capacity and/or number, is for the benefit of property not in-
cluded within such subdivision, lot split or other division of land contem-
plated by the Act or this Article. Where such supplemental improvements are
so required, reimbursement agreements shall be executed, as is provided in
Sections 66486 et seq. of said Act.
8010. Soils Report. A soils report, as contemplated by Section
66490 of the Act, shall be required for each subdivision contemplated by the
Act or this Article. Notwithstanding the provisions of this Section, the
City Council may waive the requirement of a preliminary soils report if it
finds that due to the knowledge the staff has concerning the quality of the
soils included within the subdivision, no such preliminary analysis is neces-
sary. Soils reports on lot splits and other divisions of land are not re-
quired unless specifically requested by the Director of Public Works.
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ORD 703 Ü h£Ÿjì  O Where,soils reports are required, and the same disclose an un-
stable conditijon, the City shall require appropriate steps to be taken
to correct su^h condition, or, if such unstable condition cannot be eli-
minated, the subdivision, lot split, or other division of land, shall be
disapproved.
8011. Improvement Security. With respect to any subdivision,
lot split or other division of land contemplated by the Act or this Article,
as to which certain improvements are required pursuant to said Act or this
Article, and the said improvements are not constructed and installed in ac-
cordance with the City's standards therefor, as of the time of submission
of a final map for approval, the City Council, in its discretion, may exe-
cute an agreement with the subdivider or other qualified person, providing
for the construction of such improvements; provided that any such agreement
shall contain provisions concerning security for the construction of such
improvements. Such security shall consist of the type described in Sub-
division b) or c) or Section 66499 of the Act whichever may be authorized
by the City Council. The amount of such security shall be set in accordance
with Section 66499.3 et seq. of said Act.
8012. Subdivision Fees. By resolution, the City Council shall set
appropriate filing and processing fees which shall apply to all subdivisions
and other divisions of land contemplated by the Act.
8013. Lot Split Procedure. The provisions of this Section shall
apply to the processing of lot splits.
a) Filing. All applications for lot splits shall be filed,
together with a tentative map therefor, with the Director of Public
Works^ on forms provided by him for such purposes; and
b) Fees. Prior to processing any application for a lot
split, the applicant shall pay to the City Treasurer such fees as
may be required by resolution of the City Council pertaining to the
same; and
c) Staff Review. The Director of Public Works shall circu-
late the application for a lot split, together with the tentative
map relating thereto, to affected City Departments for review and
comment. The Director of Public Works shall be responsible for
preparing an appropriate staff report, which shall include all
relevant departmental comments relating to the proposed lot split.
Such staff report shall be transmitted to the applicant for review
and consideration.
d) Action by the Director of Public Works. Where the
Director of Public Works finds that any of the lots proposed to
be created would not comply with applicable provisions of the
Baldwin Park Municipal Code, or if he finds that any facts exist
which would, pursuant to the Act, be a basis for denying a sub-
division, he shall deny said application.
Where the Director of Public Works finds that the lots
proposed to be created will comply with the said Code, but that
certain improvements and/or dedications are required to properly
service a lot proposed to be created, he shall approve the lot
split application conditionally, so as to insure that all such
improvements and/or dedications will be constructed in accordance
with the City's standards therefor. The action of the Director of
Public Works upon a lot split application shall be final and con-
clusive, in the absence of an appeal taken in the time and manner
hereinafter set forth.
e) Appeal of Decision of the Director of Public Works. Any
i nterested person may appeal the action of the Director of Publi c
Works with reference to a lot split application by filing a written
letter of appeal with the City Clerk, describing therein the basis
for such appeal; the City Clerk shall not accept such a letter of
appeal unless a filing and processing fee, as set by City Council
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ORD 703 Ü h£Ÿjì  O Ordinance No. 703
Resolution, has been paid, and such letter of appeal is filed
with the Clerk within not to exceed 10 calendar days following
the Director of Public Works' action. Upon receipt of a timely
filed appeal, the City Clerk shall place the matter on the City
Council's agenda at its next most convenient meeting.
At the time that such appeal is reviewed by the City
Council, it shall herein consider the application, the staff
report and all other relevant evidence presented by the appli-
cant or any other interested person concerning such lot split.
Thereafter, the City Council shall take one of the following
courses of action:
1) if it finds that the lots proposed to be created
will not comply with all applicable provisions of the
Baldwin Park Municipal Code, including but not limited
to, the Zoning Regulations, or, if it finds that any
facts exist which would, pursuant to the Act. be a basis
for disapproving a subdivision, it shall deny such appli-
cation; or
i
2) if it shall find that the lots proposed to be
created will meet the provisions of the said Code, but
that improvements and/or dedications are required, it
shall conditionally approve such application in such
manner as is necessary to insure construction of such
improvement and/or dedications and to guarantee that
prior to the filing of the final map the same will be
constructed or guaranteed in an appropriate manner; or
3) If it finds that the lots proposed to be created
will meet the requirements of the said Code, and that no
dedication or improvements are required, it shall approve
the tentative map. All actions of the City Council shall
be final and conclusive.
8014. Filing of Partial Lot Split Maps. Where a division of
real property, by sale or lease, has taken place, which division requires
conformance to the provisions of Section 8013 hereof Lot Split Procedure),
but approval has not been obtained, as provided in that Section, and the
purchaser of one or more of the parcels so divided, has been refused a
building permit or a certificate of occupancy, or has attempted to file a
lot split map on his property but the same has been refused, by reason of
noncompliance with that Section, the City Council may by motion direct the
Director of Public Works to accept a partial lot split map for filing relat-
ing to such purchaser's property only, provided that such purchaser agrees
that he will construct improvements and dedicate areas as may be necessary
to comply with the provisions of said Section 8013, Lot Split Procedure)
If it finds the following facts to be present:
a) That the purchaser at the time of his purchase of
the property was unaware of the application of the provisions
of Section 8013 Lot Split Procedure) to his property; and
b) That the purchaser has unsuccessfully attempted to
obtain the a^rovzl and concurrence of the other purchasers
and/or his vendor in the filing of a lot split map covering
all of the property divided without compliance with said Section
8013; and
c) That to refuse to accept a lot split map relating to
the property of the injured purchaser only. will work an undue
hardship upon such person; and
d) That the public interest will be furthered by per-
mitting such filing.
Nothing In this Section shall be deemed to relieve any owner.
purchaser, or vendor of any real property from the filing of a lot split
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ORD 703 Ü h£Ÿjì  O Ordinance No. 703
map, nor shall It be deemed to waive or modify the requirements for such
filing on all remaining portions of property so divided.
SECTION 3. This Ordinance is hereby declared to be an urgency
measure, and shall take effect immediately upon its adoption. A statement
of facts constituting the basis of such urgency is as follows:
That in the 1974 Legislative Session, the State Legislature enacted
Senate Bill 977, having the effect of repealing certain provisions of the
Subdivision Map Act and reenacting. in new form. the said Act. as is set
forth In Section 66410 et seq. of the Government Code of the State of
California. Said Act which took effect in March, 1975. required local
agencies, such as this City. to enact ordinances to implement said Act by
regulating the design and improvement of subdivisions and other divisions
of land located within the boundaries of the said City. For the foregoing
reasons, the immediate adoption of this Ordinance is required to preserve
the public peace, health and safety, as aforesaid.
SECTION 4. The City Clerk shall certify to the adoption of this
Ordinance.
APPROVED and PASSED this 7th day of______May______
1975. J-———————
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Mayor
ATTEST:
THELMA L. BALKUS, C^ty Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
SS:
I, THELMA L. BALKUS. City Clerk, of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 703 was duly passed and
approved as an Urgency Ordinance at a regular meeting of the City Council
on the 7th day of May, 1975, by the following vote:
AYES; COUNCILMEN KING. WALDO. GREGORY. MC CARON AND MAYOR HAMILTON
NOES; COUNCILMEN___________________________________
ABSENT; COUNCILMEN
THELMA L. BALkUS, CITY CLERK
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