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HomeMy WebLinkAboutORD 711ORD 711pT3(퓄? wsTRr'.rv:;- /-^^fT SEXCWO n:..^:;c... fe?^ f^ ORDINANCE NO. 711 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 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 That Sections 9200 through 9307 inclusive of the Baldwin Park Municipal Code are hereby repealed and rescinded.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 amended and Section 8015 is 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 66410 et seq. of the Government Code; hereafter Act") for the purpose of regulating the design and improvement of subdivisions, and regulating other divisions of land within the City. 8001. Name. This Article shall be referred to as the City's Subdivision Regulations". 8002. General. a) Designations. Pursuant to the Act, the following designations are made: 1) Advisory Agency'. The Planning Director, Director of Public Works and City Manager shall act as the advisory agency within the meaning of said Act and shall report their findings and recommen- dations on subdivisions and other matters within their jurisdiction as described in said Act, and in this Article. 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 ten- tative, 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. BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 7ll c) Adoption of Standards. Whenever improvements are required to be constructed, pursuant to the Act or this Article, the construction 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. 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 set forth in the Act shall be deemed to be definitions applicable to the same words and phrases used in this Article; and 2) City shall mean the City of Baldwin Park; and 3) City Manager shall mean the City Manager of 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) Planning Director shall mean the Planning Director of the City of Baldwin Park; and 6) City Clerk shall mean the City Clerk of the City of Baldwin Park; and 7) 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, parcel map 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 constructed 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 BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 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; and 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 improve- ments reasonably required to service all of the lots proposed to be created are specifically required as conditions of approval of such tentative maps. 8004. Dedications. No subdivision, parcel map or other division Of land contemplated by the Act or this Article, shall be approved, unless the subdivider and/or owner dedicates to the City. or, at the option of the City, makes irrevocable offers of dedication to the City, of sufficient interests in real property, located within the boundaries of the subdivision, parcel map, 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 irrevocable offers of dedication, or access rights and/or abutter's rights of whatever kind or nature. Where appropriate on a particular subdivision, parcel map, or other division of land contemplated by the Act or this Article, the waiver of direct access rights, as contem- plated by Section 66476 of the Act may be required, if the public interest necessitates such waiver, as deter- mined by the City Council. The precise areas proposed for such dedication or offers of dedication, shall be established as conditions of approval on the tentative map proposed for such sub- division, parcel map or other division of land. 8005. Parcel Maps. Where dedication of property is required, with reference to a parcel map, such dedica- tion shall be accomplished either by separate instrument or by a certificate placed upon the face of the parcel map, in the same manner as is required of a final map pursuant to the Act. 8006. Existing Improvements. Notwithstanding the provisions of Section 8003(Improvements) and Section 8004 Dedications) hereof, no improvements and/or dedi- cations shall be required of any parcel map where the lots proposed to be created by such parcel map are already serviced by existing improvements and/or dedications that are deemed to be adequate in the opinion of the Director of Public Works. BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 8007. Limitations on Improvements. Improvements and/or dedications required pursuant to Sections 8003 and 8004 hereof, with reference to a subdivision, parcel map, 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, parcel map, 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. Reservationsipf Conditions. Where the City Council finds that the public interest so requires, it may, as a condition of approval, on a subdivision, parcel map, 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, parcel map. 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 supplemental size, capacity and/or number is for the benefit of property not included within such subdivision, parcel map, or other division of land contemplated 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. Not- withstanding 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 necessary. Soils reports on parcel maps and other divisions of land are not required unless specifically requested by the Director of Public Works. Where soils reports are required, and the same dis- close an unstable condition, the City shall require appro- priate steps to be taken to correct such conditions, or, if such unstable condition cannot be eliminated, the subdivision, parcel map, or other division of land, shall be disapproved. 8011. Improvement Security. With respect to any subdivision, parcel map,or other division of land con- templated 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 accordance 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 execute an agreement with the subdivider or other qualified person. 4 BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 providing for the construction of such improvements; pro- vided that any such agreement shall contain provisions concerning security for the construction of such improve- ments. Such security shall consist of the type described in subdivisions a), b) or c) of Section 66499 of the Act. The amount of such security shall be set in accordance with Section 66499.3 et seq. of said Act. 8012. Fees. By resolution, the City Council shall set appropriate filing and processing fees which shall apply to all subdivisions, boundary line adjustments and other divisions of land contemplated by the Act. 8013. Parcel Map Procedure. The provisions of this Section shall apply to the processing of parcel maps. a) Filing. All applications for parcel maps shall be filed, together with a tentative map therefor, with the Director of Public Works, on forms provided by him for such purposes; and Fees. Prior to processing any appli- cation for a parcel map, 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 circulate the application for a parcel map, 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 parcel map. 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 subdivision, 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 parcel map application conditionally, so as to insure chat 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 parcel map application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth. BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 e) Appeal of Decision of the Director of Public Dorics.Any interested person may appeal the action of the Director of Public Works with reference to a parcel map appli- cation 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 Resolution, has been paid, and such letter of appeal is filed with the Clerk within not to exceed 15 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 applicant or any other interested person concerning such parcel map. Thereafter, the City Council shall take one of the following courses of action; 1) if it shall find 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 application; or 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, f) Evidence of Title. The signatures of all parties having any record title interest except those parties having fee title in the real property being subdivided shall not be required to be on the final parcel map unless dedications or offers of dedication are made by certificate on the final parcel map. 6 BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 8014. Filing of Partial Parcel 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 Parcel Map 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 parcel 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 parcel map for filing relating 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 Parcel Map 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 Parcel Map Procedure) to his property; and b) That the purchaser has unsuccess- fully attempted to obtain the approval and concurrence of the other purchasers and/or his vendor in the filing of a parcel map covering all of the property divided without compliance with said Section 8013; and c) That to refuse to accept a parcel 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 permitting such filing. Nothing in this Section shall be deemed to relieve any owner, purchaser, or vendor of any real property from filing of a parcel map, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided. 8015. Boundary Line Adjustments. Notwithstanding any provisions contained in the Act or in this Article, Boundary Line Adjustments shall be permitted, providing the provisions of this Section are complied with. For the purpose of this Section, a Boundary Line Adjustment shall mean the adjustment or relocation of any property line between two contiguous existing, legally recognized lots. No boundary line adjustment shall be permitted where the effect is to create additional lots. a) Requirements. Any person desiring to obtain approval of a boundary line adjust- ment shall file the original and two copies of a map with the Director of Public Works together with a filing and processing fee in an amount as may be required by resolution of the City Council. Said map shall contain the following information: BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 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 applicable dimensions and bearings; 10) The signatures of all owners of lots involved in such boundary line adjustment. 11) Any other information required by the Director of Public Works. The Director of Public Works 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 Director of Public Works shall approve a boundary line adjustment map if he finds that: 1) No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed boundary adjustment; and 2) The lots, as proposed by the boundary line adjustment, will conform, in all respects, to the provisions of the Baldwin Park Municipal Code; and 3) The new lot line is approximately parallel to the former lot line, and is not more than ten 10) feet therefrom, measured at right angles, and is located in such a manner so as not to substantially alter the size and shape of the existing lots. BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 711pT3(퓄? Ordinance No. 711 Where the Director of Public Works finds all of the above facts to be present, he shall approve the boundary line adjustment; and thereafter, the owner or owners of the lots involved shall cause a covenant and agreement to hold each parcel as a single parcel to be executed and recorded as to each of the two lots involved. If the Director of Public Works shall find any of the foregoing facts not present, he shall deny such boundary line adjustment and shall advise the applicant thereof. In case of denial, the applicant shall have the option of filing a parcel or subdivision map or appealing the decision of the Director of Public Works, in the time and manner set forth in Section 8013(e) hereof. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance. APPROVED AND PASSED this 20th day of August 1975. MAYOR ATTEST: c^SU^ T^JU^ THELMA L. BALKUS, 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. 711 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6th day of August 1975. That, thereafter, said Ordinance was duly approved and passed at a regular meeting of the City Council on the 20th day of August, 1975, by the fo1lowi ng vo te: AYES: COUNCILMEN GREGORY,WALDO.MC CARON. AND MAYOR HAMILTON NOES COUNCILMEN________________________________________ ABSENT: COUNCILMEN KING JS^SiO^^TSU^ THELMA L. BALKUS. CITY CLERK 9 BIB] 37960-U01 ORD-U02 711-U02 LI2-U03 FO31548-U03 FO31752-U03 DO32582-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04