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HomeMy Public PortalAboutOrdinance 75-400-AORDINANCE NO. 75 -400 -A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING CERTAIN PROVISIONS OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO SUBDIVISION REGULATIONS THE CITY .COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapters 2 and 3 of Article IX of the Teeple City Municipal Code are hereby repealed and rescinded. SECTION 2. That Chapter 2 of Article IX is hereby added to the .Temple •City Municipal Code to read as follows: "CHAPTER 2 SUBDIVISION REGULATIONS 9500. Purpose. The provisions of this Chapter are adopted pursuant to the Subdivision Neap Act (Section 66411 et seq. of the Government Code; hereafter "Act ".) for the purpose of regulating the design and improvement of sub- divisions, and regulating other . divisions of land within the City. 9501. Name.. This Chapter shall be referred to as the City'srSubdivision Regulations'. 9502. General. (a) Designations. Pursuant to the Act, the following designations are made: (1) 'Advisory Agency',.. The Planning Commission shall act as the advisory agency within the meaning of said Act and shall report its findings and recommendations on subdivisions and other matters within its jurisdiction as described in said Act, and in this Chapter, to the City Council; and (2) 'Appeal Board'.. The City Council shall act, where appropriate, as the Appeal Board for purposes of the Act and this Chapter. (b) Maps. (1) Tentative Maps. Whenever the Act or this Chapter 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 Chapter. (2) Filing of Maps. Whenever a tentative, final or parcel map is required to be filed pursuant to the Act or this Chapter, such map shall be filed with the City Engineer. . (c) Adoption of Standards. Whenever improvements are required to be constructed, pursuant to the Act or this Chapter, the construction of such improvement -1- Ordinance No. 75 -400 -A 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 other- wise clearly require, the definitions, set forth herein - after, shall be applied to the words and phrases used in this Chapter: (1) The definitions set forth in the Act shall be deemed to be definitions applicable to the same words and phrases used in this Chapter; and (2) Lot Svlit. Whenaver the phrase 'lot split' is used in this Chapter, shall be deemed to mean a division of land, which has the effect of creating four or less lots, improved, or unim- proved, shown on the Equalized Los Angeles County Assessment Roll in effect as of January 1, 1968, as a unit or as contiguous units, for the purpose of sale, transfer of title, lease, or financing, whether immediate 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 and (3) City shall mean the City of Temple City; (4) City Engineer shall mean the City Engineer of the City of Temple City; and (5) City Clerk shall mean the City Clerk of the City of Temple City; and (6) That the definitions set forth in the Temple City Zoning Regulations shall be deemed to be definitions applicable to this Chapter. 9503. Improvements. No subdivision, lot split or other division of land contemplated by said Act and /or this Chapter, shall be approved unless the following improvements are con- structed or required to be constructed in order to service the lots being created: (a) an adequate water distribution system designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each lot proposed to be created; and -2- Ordinance No. 75 -400 -A (b) an adequate sewage system designed and constructed to serve each lot being created; and (c) an adequata 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; 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 improvements reasonably required to service all of the lots proposed to be created are specifically required as conditions of approval on such tentative maps. 9504. Dedications. No subdivision, lot split or other division of land contemplated by the Act or this Chapter, shall be approved, unless the subdivider and /or owner dedicates to the City, or, at the option of the City, makes irrevocable offer of dedication to the City, of sufficient 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 t' be created, including, but not limited to, dedication, or irrevocable 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 Chapter, the waiver of direct access rights, as contemplated by Section 66476 of the Act may be required, if the public interest necessitates such waiver, as determined 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 subdivision, lot split or other division of land. 9505. Parcel Maps. Where dedication or property is required, with reference to a parcel map, such dedication shall be accomplished 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. 9506. Limitation on Ir_ .provements. ImprovementG and /or dedications required pursuant to Sections 9503 and S504 hereof, with reference to a subdivision, lot split or other division -3- Ordinance zo. 75 -400 -A of land contemplated by the Act and /or this Chapter, may 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 Chapter, provided that such improvements and /or dedications are reasonably required to service the lots proposed to be created by such land division. 9507. Reservations of Conditions. Where the City Council finds that the public interest so required, it may, as a condition of approval, on a subdivision, lot split or other division of land contemplated by the Act or this Chapter, 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 thF Act. No such reservation shall be so imposed except in compliance with the provisions of the Act. 9508. Record Title Interests on Parcel Maps. The signa- tures oo 11 parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map. 9509. Evidence of Title for Parcel Maps. Evidence of title all be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee, and all easement holders. 9510. 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 Chapter that any subdivision, lot split or other division of land contemplated by the Act or this Chapter, that the subdivider shall supplement the size, capacity or number of any improve- ments otherwise required for the benefit of the lots proposed to be created, which said supplemental size, rapacity and /or number, is for the benefit of property not included within such subdivision, lot split or other division of land contem- plated by th^ Act or this Chapter. Where such supplemental improvements are so required, reimbursement agreements shall be executed, as is provided in Section 66486 et seq. of said Act. 9511. Soils Report. A soils ren "rt, as contemplated by Section 66490 of the Act, shall be. regiired for each major subdivision. 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 quality of the soils included within the sub- division, no such preliminary analysis is necessary. Where soils reports are required, and the same dis'lose an unstable condition, the City shall require appropriate steps to be taken to correct such condition, or, if such unstable condition cannot be eliminated, the subdivision shall be disapproved. 9512. Improvement Security. With respect to any sub - division, lot split or other division of land contemplated by the Act or this Chapter, as to which certain improvements -4- Ordinance No. 75- 400 -_A are required pursuant to said Act or this Chapter, 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, 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 Subdivision (a) , (b) or (c) of 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. 9513. 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 contem- plated by the Act. 9514. Lot Split Procedure. The provisions of this Section shall apply to the processing of lot splits.. (a) Filin . All applications for lot splits shall be filed, together with a tentative map therefor, with the City Engineer, on forms provided by him for such purposes; and (b) Fees. Prior to processing any application for a lot sit, 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 Planning Director shall circulate the application for a lot split, together with the tentative map relating thereto, to affected City Departments for review and comment. The Planning Director shall be responsible for preparing an appro- priate staff report for sul-*nicsion to the Planning Commission, which shall include all other relevant depart -. mental comments relating to the proposed lot split. Such staff report shall be transmitted to the Planning Commission and to the applicant for review and consideration; and (d) Planning Commission Action. Where the Planning Commission finds that any of the lots proposed to be created would not comply with applicable provisions of the Temple City Municipal Code, or if it finds that any facts exist which would, pursuant to the Ac*-, be a basis for denying a subdivision, it shall deny said application. Where the Commission 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, the Planning Commission shall approve the lot split application condi- tionally, 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 Planning Commission -5- Ordinance Teo, 75 -404 -A upon a lot split application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth; and (e) Appeal of Planning Commission Decision. Any interested person may appeal the action of the Planning Commission 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 Resolution, has been paid, and such letter of appeal is filed with the Clerk within not to exceed 15 calendar days following the Planning Commission's 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 pre- sented by the applicant or any other interested person concQrning 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 Temple City Munic- ipal 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'nece'sary 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 con- structed or guaranteed in an appropriate mariner; or (3) if it finds that the lot 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. 9515. Filing of Partial Lot Split Maps; Where.a division of real by sale or.lease, has taken place, which division requires conformance to -the provisions of Section 9514 - 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 -6- 1 Ordinance No. 75 -400 -A reason of noncompliance with that Section, the City Council may by motion direct the City Engineer to accept a partial lost split 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 9514 (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 appli- cation of the provisions of Section 9514 (Lot Split Procedure) to his property; and (b) That the purchaser has unsuccessfully attempted to obtain the approval 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 9514; 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 permitting 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 map, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided. 9516. Parcel Map Waiver. Pursuant to the provisions of Section 6428 of the Subdivision Map Act, and subject to making the findings provided therein, the City Council or Planning Commission may waive the requirements of a parcel map. 9517. Lot Consolidation. The Planning Commission shall have the authority to grant lot consolidations that conform to the Municipal Code upon filing such consolidation of record. SECTION 3. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, published and circulated in the City. of Temple City. APPROVED and PASSED this 17th ..y of Jun : , 1975. ATTEST: C .ef Deputy City Clerk yor City of Temple City, California 1 Ordinance Noe 75 -400 -A STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) Chief Deputy , City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 75 -400, was introduced as an urgency ordinance at a regular meeting of the City Council of the City of Temple City, held on the 3rd day of June 1975, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk by the following vote of the Council: AYES: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson NOES: Councilmen -None ABSENT: Councilmen -None 8 � / Uziz — Ci Clerk o the City of Temple City, California