HomeMy Public PortalAboutOrdinance 75-400ORDINANCE NO. 75 -400
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY AMENDING CERTAIN
PROVISIONS OF THE TEMPLE CITY MITNICIPAL
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
Temple City Municipal Code are hereby repealed and rescinded.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 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 sub-
divisions, and regulating other divisions of land within the
City.
9501. Name. This Chapter shall be referred to as the
City's Subdiv ion 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
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 Slit. Whenever 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
(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; 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 to 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 Improvements. Improvements and /or
dedications required pursuant to Sections 9503 and S504 hereof,
with reference to a subdivision, lot split or other division
-3-
Ordinance No. 75 -400
of land contemplated by the Act and /or this Chapter, 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 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 the 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 o all 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 shall 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, wee 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, capacity and /or
number, is for the benefit of property not included within
such subdivision, lot split or other division of land contem-
plated by tb.' 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 rer'rt, as contemplated
by Section 66490 of the Act, shall bereq'iired for each major
subdivision. Notwithstanding the previsions 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 disclose
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
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) Fi_ling. 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 spit, 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 su'- mi_csion 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 Act-, 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 No. 75 -400
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
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 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 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 con-
structed or guaranteed in an appropriate manner;
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-
Ordinance No. 75 -400
reason of noncompliance with that Section, the City Council
may by motion direct the City Engineer to accept a partial
lot 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 necesPary 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 applica-
tion 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 prcpecty 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.
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 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.
-7-
Ordinance No. 75 -400
1975.
APPROVED and PASSED this 6th day of May
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TEMPLE CITY
M -yor
City of Temple City, California
) SS:
I, 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 6th day of May
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
Ci Clerk of the City of
Temple City, California
1