HomeMy Public PortalAboutOrd. 1264•~ '
' ORDINANCE NO. 1.264
AN ORDINANCE OF THE CITY COUNCIL OF THE CI'T'Y OF LYN4dO0D
rlP4ENDING CHAPTER 25, OFFICIAL;ZONiNG ORDINANCE, PERTAIN-
ING TO A NE6v' SUBDIVISIGN ORDINANCE FOR THE REGULATION OF
SUBDIVISIONS ~9ITHIN THE CITY .
The City Council of the City of Lynwood DOES HEREB" ORDAIN
as follows:
SECTION 1. Section 25-18, "Lot Divisions," Section 25-21,
"Street Dedicadica on nand Improvements" and Chapter 29, "Subdivisions,"
of the Lyn~oood Municipal Code are hereby deleted in their entirety.
SECTION 2. Section 25-18, Subdivision Regulations" is
hereby added to Chapter 25, The Official Zoning Ordinance of the
Lynwood Municipal Code to read as follows:
25-18 SUBDIVISION REGULATIONS
25-18.1 General Provisions
a. Authority and Application
This section is adopted to supplement and implement the
Subdivision Map Act, Section 66410, et sea. of the Government Code,
and may be referred to as the Subdivision Ordinance of the City of
Lynwood. The regulations set forth in this section shall apply to
all or parts of subdivisions witi~in the City of Lynwood and to the
preparation of subdivision maps and to other maps provided for by
the Subdivision Map Act.
b. Purpose
It is the purpose of this section to regulate and control
the division of land within the City of Lynwood and to supplement
the provisions of the Subdivision D1ap Act concerning the design and
improvement of subdivisions, the form and content of all maps
provided for by the Subdivision .•?ap Act and the procedure to be
followed in securing the approval of the Community Develcpment
Department, the City Engineer, the Planning Commission, and the
City Council regarding such maps.
c. Cenfcrmity with General Plan, Specific Plan
~.
No land shall be subdivided and developed for any pur-
pose which is rot in conformity with the General Plan and any
Specific Plan of the City of Lynwood or permitted by the "Zoning"`
chapter of the Lynwood :Municipal Code.
25-18.2 Definitions ar_d Responsibilities
a. Definitions
Advisory A~ercv - A designated official or an official
body charged with the duty of making investigations and reports cr.
the design and improvements of proposed divisions of real property,
the imposing of recuirements or conditions thereon, or having the
aiithO rlty tO dpprOVe, COnditlOrial ly dAPrOV°_, Or dl.SapDrOVe maps.
Certificate of Compliance - A document describing a unit
:- of real property and stating that ti-n2 division thereof complies with
applicable previsions of the Subdivision Map Act and this chapter.
Condominium - An estate in real property consisting of
an undivided interest ir. common in a portion of a parcel of real
property together with a separate interest in space in a
' residential, industrial or commercial building on such real
property, such as ar. apa^tmen*, office, or store.
1
Des. ar.. "Des: an" mein=_: 1 )
_._-_ street alignments, orac?s
nd Wldtii5: _/ dralnanB and San1Lnry faC111t1e5 and LtL:lltle5,
including aiignm?nts ant oraaas thereof; '.~ location and sloe of
all required eeBement=_ anC rlnr-.-s-of-w.;v: 4) fire roads and rare
breal~sc ~) iot sl.e and conflburatlon: b~ traffic access: ?)
prndlnn; of land to be n~alcat?d for Gar): or recreatlonai
purpose=.; anb ~+ such other specific r?gi.riremznts in the plan and
configuration or the entire s~rbdi vl si on as may be necessary or
convenien* to insure COnforRilty tC Or implementation cf the
General Flan or any adopted Specific Flan.
Final_Mae. A map showing a subdivision for which a
tentatie•e and final map is required by the Subdivision Map Act or
this section, prepared in accordance with the provisions of this
chapter and the Subdivision Map Act, designed to be recorded in
the office of the County kecorder.
ImErov?moot. "Improvement" refers to street work, storm
drainage. utilities and landscaping to be installed, or agreed to
be installed, by the subdivider on the land to be used for public
or private streets, highways, and easements, as are necessary for
the general use of the lot owners in the subdivision and local
neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final map: or• to other
specific improvements or type of improvements, the installation
of wnich, either by the subdivider, by public agencies, by
privates utilities, 6y any other entity approved by the local
agency or by a combination thereof, is necessary or convenient to
insure conformity to or implementation of the General Plan or any
adopted Specific Flan. Improvements shall be constructed In
accordance with the City rf l_ynwood's adopted Standard
Specifications and Flans.
t_.eases__Ground. The right to occupy and use a parcel
of land, or a portion thereof, with or without a building or
buiidir~gs on it for a designated term. A division of land for
purposes of leasing is a subdivision as defined in this section
Lot__CPrtifiable. A parcel of land conforming to the
provisions of this chapter and the Subdivision Map Act.
Lot_L.ine_Adiiistment. A minor shift ar rotation of an
existing lot line or other adjustments where a greater number of
parcels than originally existed is not created.
Major Subdi ~-i s_on. A subdivision of f i ve (.°~> or mere
lots cr units.
M?nor Subdivision. A subdivision of four (4) or fewer
lots or units. .Also included as a minor subdivision are those
exceptions to the requirement cf a Tentative ar Final Tract Map,
listed under Section 66426 (a), (b>, (c),. and (d), of the
Subdivision Map Act.
Merger. The joining of two (3>. or more contiguous
parcels of land under one ownership into one parcel.
Parcel M_.g. A map showing a division of land of four
(4) or less parcels as required by this section, prepared in
accordance with the provisions of this section and the
Subdivision Map Act.
Subdivider. A person, firm, corporation, partnership
or association who proposes to divide, divides,' or causes to be
divided real property into a subdivision for oneself or for
others.
Siibdivi_idn. The division, by any subdivider, of any
unit or units of improved or unimproved contiguous land shown or
the latest equali-<ed County assessment roll as a unit or a=_
contiguous units for the purpose of sale, lease or financing,
wnetherimmediate or' fu*_ure. Property shall be consid'ered' as
dontic~_ious ~_ir~~its even if it is se orated
p by roads, streets,
utility easements or railroad rich+_-of-way, "Subdivision"
includes a condominium project. a=_ def•,ned herein or in Section
1350 of the Civil Code, or a commixnity apartment project as
defined ir, Section 11~.~04 of the Business and Pro=e=_sians Cod=. or
the canver=_ion of r.ve (,.,) nr more ex~stin dwelling unit=_ to a
stock cooperativ=, as defined in Section 11U~J3.= of the Pus:ness
and Professions Code. Any conveyance of land to a governmental
agency, public entity, or public utility shall not be consid=red
a division of land for the purposes of computing the number of
parcels. "Subdivision" does not include:
(a> Buildings divided into apartments, offices, stores
or similar space within apartment buildings, industrial
buildings, commercial buildinns, mobile home parks, or trailer
parks far the purpose of leasing or financing;
(b) Land divided by mineral, oil, or gas leases;
(c) Land dedicated for cemetery purposes under the
Health and Safety Code of the State of California;
(d> A lot line adjustment between two f2> or more
adjacent parcels, where land taken from one parcel is added to an
adjacent parcel, and where a greater number of parcels than
originally e:;isted is not created, provided the lot line
adjustment is approved by the City Engineer.
Subdivision M~e_Act. State of California 6avernment
Code Section 6641t> to E,6499.
Ten±.ctiv_e Map. "Tentative htap" refers to a map made
for the purpose of showing the design and improvements of a
proposed subdivision and the e>;isting conditions in and around
it. Such maps shall be filed with the Planning Commission and
are precedent to. the recording-'of -parcel or final map~:~.
Unit. The element. nr` a subdivision which is not owned
in common with the ether nwn~rs of the project to include air
space or dwellings (Section 1C50 of the Civil Code).
b. Responsibilities
City_Attorney. The City Attorney shall be responsible
for approving as to form all subdivision improvement agreements
and si_ibdivision improvement securities.
City_Counci_1. The City Co~.~ncil shall be responsible
for the approval of Final Maps and shall act as the appeal board
for hearing appeals regarding tentative parcel and subdivision
maps.
for:
City_Er~gineer. The City Engineer shall be responsible
(a> Establishing design and construction details,
standards and specir`ications.
(b) Determining the compliance of proposed subdivision
improvements with the provisions of this section and the
Subdivision Map Act and for reporting findings together with any
recommendations for approval or conditional approval of tentative
parcel or subdivision maps to the Commr_inity Development Director.
(c) The procession and certification cf final maps and
parcel maps; the processir-~a and approval or' subdivision
improvement plans, lot lin.= adjustments, mergers and certificates
of compliance.
(d) The inspection and approval of subdivision
improvements.
3
,~
. iE') The acrep;.-anr~ ": oed:catlons and improvemen== .,-ter
sllbdl vl Sl;a n~s CT 'fOUr (Z/ Or ie,ss pal"C e15. _~
Commr_~rr tv L~e.•e7 o risen' Di r.=r~ n-
- __-- _-- E.---------_.-_-_- The Commune t`
i,eveloprnent. Girec*_or sF-,ali be responsible for the manacem_nt of
%h P_ Pl anise n!~ D'. Vi S1 on lri Car r'•/lnq O!1t the re=r^JOnS:hli:'.1 e5
imposed ~~pon ir. b. this section.
rr"'lanninc._Comrzssion. The Planning Commission _hail be
designated as the advisor-v agency referred to i.n the Subdivision
Map Act and shall be responsible for 'the approving, conditional
approving or denying the application for tentative parcel map and
*_entative subdivision map approval.
F'lanni_ng_Div_ision. The Planning Division sh:,ll be
responsible for:
(a) The processing of tentative subdivision final and
pareei maps, and for the collectior, of all required Planning
Division fees.
(6) Investigating proposed subdivisions for conformity
to the General Flan and Zoning ordinance of the City and
reporting findings together with recommendations for approval or
conditional approval to the Planning Commission for all tentative
parcel and subdivision maps.
~5-18. ;: htaEs_Feg_ri red
a. General.
The necessity for tentative, final and parcel maps
shall be governed by the provisions of this section.
b. Division of Land - Five (.E)-nr_More Parcels
--------------------------- ---------
A tentative and final map shall be required far all
sr_rbdivisiens creating five (~) or more parcels, five (5) or mare
condomini~_rms a=_ defined in Section 78T of the State Civil Code, a
r_cmr,~unity apartment project containing five (5) or more parcels.
or for the conversion of a dwelling to a stock coaperativa
containing five (5) or more dwelling units, e>;cept where:
(1) The land before division contains less than five
(5> acres, each parcel created by the division abuts upon a
maintained public street or highway and no dedications or
improvements are required try the legislative body, or
(~) Each parcel created by the division has a gross
area of twenty (::0) acres or more and has an approved access to a
maintained public street or highway, or
(Z> The land consists of a parcel or parcels of land
having approved access to a public street or highway which
comprises part of a tract of land zoned for industrial or
commercial developments, and which has the approval of the
governing body as•to street alignments and widths, or
(4) Each parcel created by the division has= a gross
area of not less than forty (40) acres or is not less than a
quarter (:/4> section.
A tentative map and parcel map shall be required for
those subdivisions described in subsections (1), (2), (t), and
(4).
c. Division of Land - Faur_(4)_or L=ss Parcels
A tentative map and parcel map shall be required for
all divisions of land which create four (4) or less parcels, and
for lot mergers and molar lot line adjustments. A tentative map
and parcel map shall not be required for: .
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` '.(1) Snbdi~%isi.ons of a portion of the operating' right-
of-w~~: ~of a ~•rai.lroad corpor~aFton, defined by Section X30 of the
Public iltilities Code, whicFi ..re created by short term leases
terminable 6y either oarty .:~n not more than thirty (30) days
notice in writi.nq.
t2i land conveyed to or from a governmental agency,
public Antity or pc.iblic ~_iti.lity, or for land conveyed to a
subsidiary of a p,iblic ~etility for conveyance to the public
utility for rights-oF-way, unless a showing is made in individual
cases, upon substantial evidence, that public policy necessitates
a parcel. map.
(.) Minor lot line adj~_istment=_ where _the land, in
total, taken from one parcel and added to an adjacent parcel,
does not e;:ceed twenty (2i~;;) percent of the gross area of t_he
parcel. from which it. is taken and where the same number of
parcels as originally e;:ist.ed are the result.
(4) Parcel maps waived by the City engineer, as
provided by Section ?.:,-18.8.
A plot plan, in a form as required by the City Engineer
and a certificate of compliance per Section ?5-18.38, shall be
regi.iired for minor lot line adjustments, certificates of
compliance, and parcel map waivers.
C:,-18.4 Feas_and_DaC,nsit.s
All persons si_ibmitting maps as req~_iired by this section
shall pay all fees and; or deposits as provided by the City's
resoli.ition establishing fees and charges.
°~-18. ~ Sii6di ~~ si on. Maps_ iFi v'P (6) or More Farcel s)
--------------------
a. Tent_ati._ve_htrps
(1) General
Ti-..r ,"or-rn and contents, si..ibmittal and approval of
tentative maps shall be governed by the provisions of this
section.
l2) Form and Contents
-----------------
The tentative map shall be prepared in a manner
acceptable to the Community Development Department and shall be
prepared by a registered civil engineer or licensed land
surveyor. The tentative map shall be clearly and legibly drawn
on one sheet and shall contain the fallowing:
number.
(a) A title which shall contain the subdivision map
(b) Date, north arrow and scale.
(c) Naive,and address of legal owner, subdivider, and
person preparing the map, including registration or license
n~.unbPr.
(d) S~rfficient legal description tc define the bo~..indary
of the proposed subdivision.
(e) E>:isting contoi~.rs within the proposed s~.ibdivision,
at five (~) foot intervals.
( f) The ni_unber and dimensions of each 1 ot.
(g> The location, width and curve radii of all e>:isting
and proposed streets within and adjoining the proposed
subdivision.
(h) The location, width and identity of all easements
wi~hin and 'adjoining the proposed subdivision.
(i7 r1 vicinity map showing s~nficient data to locate
±I-re proposed subdivision and its relationship to the commr_rnity.
(ii The location cf all e?:fisting and proposed
structures both within the proposed subdivision and within fifty
(50) feet of the proposed subdivision on adjoining land.
(}.) A preliminary grading plan.
(1 ) Er: i sting and proposed 1 and r.rse.
(m) The appro>:imate,limits of any area subject to storm
water overflow on inundation and the- location, width, and
direction of flow of each water course and: or Swale.
ln) Any e>:isting or proposed wells.
!o> Location of any e>;isting sewage disposal system
which is to remain in the proposed subdivision.
(p) Residential projects shall show structures with
number of i..rnits therein, access, parking and common recreation
areas.
(.=) Additional_Data_to_AccomEany_Tentativ_e_Map
The tentative map 'shall be accompanied by the following
data or reports:
(a) A preliminary soils report, in accordance with the
City's GradinG ordinance.
(b) A preliminary title report, showing the legal
owners at the time of filing the tentative map.
(c) A preliminary engineering geology and/or seismic
safety report.
(d) Certification in writing from all utilities that
the proposed subdivision can be adequately served.
(e) Additional data, information and fees as may be
required far the preparation and processing of environmental
review documents.
(f> Any other data ar reports deemed necessary by the
Planning Division.
(4> Fi 1 i ng_wi th_F'1_anni n.g_Di_i si on
The tentative map shall be considered for filing only
when such map conforms to Section ?5-19.Sa(2> and when all
accompanying data or reports, as regr_iired by Section 25-18.Ja(3)
have been submitted and accepted by the Planning Division. 'the
subdivider shall~f~ile with the Planning Division, twenty-+ive
(^c5) copies of the tentative map.
(5> P1 anni_ng_Di__i si_nn_F'evi.ew
The Planning Di vi.<ion shall forward copies of the
tentative map to the affected City departments and other public
agencies -for their comments and recommendations. Within ten (lU)
days of t_he filing of a tentative rnap, the Planning Division
shall send a notice of the filinq of'the tentative map t.o the
governing board of the Lynwood (Jnified School District. The
notice shall contain information about the location of the
proposed subdivision, the number of i_uuts, density, and other
information which would be relevant t_o the school district. The
governing board of the school district may review the notice and
may send a written report to the Planning Commission. The report
shall indicate the impact of the proposed subdivision on the
0
schnol~.distrirt and shall include any recommendations ,the
governing board of the school district deems appropriate. Iri the
event kt•~e sr.hool district fails to respond within a twenty (2U)
day period from receipt of the notir_e of the tentative map, the
proposed subdivision shall be deemed approved by the school
district, The Planning Commis=_ion shall consider the report from
the school district in approving or conditionally approving the
tentative map.
(6) F'r_iblic_Hearing
The secretary of the Planning Commission shall call a
public hearing for the proposed tentative si_rbdivisian map. The
hearing shall be set and notice given as prescribed in Section
iJ-?B.
The Planning Commission shall. approve, conditionally
approve or deny the tentative subdivision map within fifty (Stl)
days after the tentative subdivision map has been accepted by the
Planning Division for filing.
(7) F'tanning_Commission Action
In approving or conditionally approving the tentative
subdivision map, the Planning Commission shall find that the
proposed subdivision, together with its provisions for its.design
and improvements, is consistent with the General Plan or with
applicable Specific Plans adopted by the City of Lynwood. The
Planning Commission shall also find that the design of the
proposed sr_rbdivi.sion provides, to the exten± feasible, for future
passive or natural heating or r_oolinn opportunites in the
sr_~bdivision. If no action is taL:en by the Planning Commission
within fifty (50) days from the date the application is accepted
as complete, the tentative subdivision map as filed shall be
deemed to be approved, insofar as it complies with other
applicable requirements of the Subdivision Map Act, this chapter
and other City ordinances.
A tentative subdivision map may be denied by the
Planning Commission on any of the grounds provided by City
ordinance or the Subdivision Map Act. The Planning Commission
shall deny approval of the tentative subdivision map if it makes
any of the following findings:
la> That the proposed map is not consistent with
applicable general and specific plans.
(b) That the design or improvement of the proposed
subdivision is not consistent with applicable general and
specific plans.
(c> That the site is not physically suitable for the
type of development.
(d) That the site is not physically suitable far the
proposed density of development.
(e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental damage
or substantially and avcida6ly injure fish or wildlife or their
habitat.
(f) That the design of the subdivision or the type of
improvements is li~:ely to cause serious public health problems.
(g) That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the pr.rblic
at large, for access through or use of, property within the
proposed subdivision. In this connection, the governing body may
approve a map if it finds that alternate easements, for access or
for use, will be provided, and that these will be substantially
equivalent to ones previar_rs1~: acquired by the pr_~b] ic. This
s~~hsection shall apples onl~~~ tc~ easernenFs of rer_ord or to
,' easern~rits ~=strhlished h+; i~.id~~rnent of a ro~_irt. of 'cdmpetent
,jurisdiction. and no authority is hereby granted to a legislative
body to'determine that. the pi..ibli.c at large has acquired easements
for access thrai_igh or i_~se of property within the proposed
subdivision.
(s) ae~P~is
If the subdivider disagrees with any action by the
Planning Commission with respect to the tentative subdivision
map, the si.~bdivider may, within ten (lei) days of the decision,
file an appeal with the City Cler4:, as provided in Section
66452.5 of the Subdivision Map Act. The Council shall consider
the appeal-within thirty (30) days of said filing. This appeal
shall be a p~iblic hearinp_.after notice has been given pursuant t_o
Section 25-]B,Sa(h). Within ten (lti) days following the
r_onclusion of the hearing, the Council shall render its decision
on the appeal.
Any interested person adversely affected by a decision
of the Planning Commission may file a complaint with the City
Coi_rncil concerning such decision. Any such complaint shall he
filed with the City Clerk within ten (10) days after the action
which is .the subject of the complaint, hlo complaint shall be
considered after the ten (10) day period. The City Council may,
at its disr_retion, reject the ramplaint within fifteen (15) days
or set the matter for hearing. If the Coi.incil rejects the
complaint, the complainant. shall he notified of si.rch action. If
the matter is set for hearing, a pi,~blic hearing shall be held
within thirty, ('i~) days after the filing of the complaint
pursuant to the procedures contained in the preceding paragraph,
with additional notice being given to the affected persons.
Any tenant of the property heing subdivided in the
course of a proposed conversion of residential real property to a
condominium project, community apartment project or stocF:
cooperative proiect may appeal from any action of the Planning
Commission pursuant to the Subdivision D1ap Act and the first
paragraph of this subsection.
(9) E_eiration1_E_r,_tensionss_Amendments
(a) E>:eiration
The approval or conditional approval of a tentative
subdivision map shall e>;pire twenty-foi_ir (24) months from the
date of the adoption of the resolution of the Planning Commission
approving or r_onditianally approving the map. An extension to
the e>:piration date may be approved as provided in Section 25-
18.Sa(9)(6).
The period of time specified above shall not include
any period of time during which a lawsuit has been filed and is
pending in a court of competent jurisdiction involving the
approval or conditional approval of a tentative subdivision map
only if a stay, of the .time period is approved by the City
Council. Within 'ten' (IU) days of the service of the initial
petition or complaint upon the City, the si_ibdivider shall, in
writing, to the Director of Community Development, request a stay
in the time period of the .tentative map. Within forty (40> days
after receiving the request, the City Council shall either stay
the time period far ~_ip to five (5) years or deny the requested
stay. The request far the stay shall be a hearing with notice to
the subdivider and to the appellant,. and upon conclusion of the
hearing, the City Co~_incil shall, within ten (20) days, declare
its findings.
The period of time specified shall not include any
period of time during which a development moratorium is in
effect, provided that ±he meratorium does not e>:ceed five (5)
years.
E::piration of an approved or conditionally approved
8
tentative map shall terminate all proceedings and no final' mcp'or
'parcel,of all ,or any portion of the real property included within
the tentative rnap shall 6e riled without first. processing a new
tentaive map.
(6) E>;tensions
(ll Reguest_by S~ihdi_v_ider. The subdivider may regi.iest
an extension of the e>piration date of the approved or
conditionally approved tentative subdivision. may 6y written
application to the Community Development Department. The
application shall be filed not less than thirty (30) days before
the map is to e>;pire and =_hall state the reasons for requesting
the extension.
(2) Planning_Commi.__ion_Action.. The Coma~r_rnity
Development Director shall review t_he regr..rest and submit the
application .for the extension, together with a report,- to the
Planning Commission for approval, conditional approval or denial.
A copy of the Community Development Director's report shall be
forwarded to the subdivider prior to the Planning Commission
meeting on the e>:tensiun. The resolution adopted by the Planning
Commission approving or conditionally approving an e>tension
shall specify the new expiration date of the tentative map.
(3) Time_Limit_of_E>:tension. The approved e>tension
shall not e>:ceed twelve (1~) months.
(4> Conditions_of_Approyal. As a condition of the
e>tension or' a tentative map, the Planning Commission may impost
new conditions or revise e>:isting conditions on the approved
tentative map as recommended by the Community Development
Director in hi s: her report.
(>> Agpeal_of Conditions of E_;.tensian. The subdivider
may appeal any action of the Planning Commission on the extension
to the City Council within ten (ln) days of such action.
(10~ Amenr_irnents_to Approved__Tenta±ive S~.ehdivision Map
Amendments to the tentative map or conditions of
approval may 6e approved by the Community Development Department.
rap on application by the subdivider or on its' own initiative,
provided:
(a> There are no additional lots, units or building
i_rni ts.
(b) such changes are consistent with .the intent of the
original tentative map approval.
(c> There are no resulting violations of the Lynwrad
Municipal Code.
Any amendment shall not affect the expiration date of
the approved tentative map. The Community Development Director
may require that the requested amendment be brought before tt-.e
Planning Commission for a pi.iblic hearing when, in hisiher
opinion, the requested changes are deemed substantial.
b. Final_MaQs
(1) General
The farm and contents of the final map shall conform t.o
the provisions of this section.
(2) t`1ult.igle_Final_hlags
Mr~ltiple final maps relating to an approved or
conditionally approved tentative map may be filed prior to the
expiration of the tentative map if the subdivider, at the time
the tentative map is filed, informs the Community Development
9
Director o,=.' t_he subdiv:r;e-'= intention tc file multiple :.n al
maps on the tentative man. In providing such notice,` the
subdi.idzr shal] not he rzq~_iired to define the rn~mber or
configi-gyration of the ~:,:-epc=_e- mi-iltiple final maps. The fillnc or
a final map on a portion of an approved or conditionally approved
tentative map shn]] not. i m alidate any part of such tentative
~n.~ p ,
An acc~_;rate and complete survey of the land to oe
subdivided shall be made by a registered civil engineer or
licensed ]and surveyor.
(4> Fgrm_and_Con±~nts
The +inal map shall be legibly drawn, printed or
reprod~_;ced by a process guaranteeing a permanent record in black:
on tracing cloth or polyester base film. Certificates,
affidavits and acknowledoements may be legibly stamped or printed
upon the map with opaque ink, If ink is used on polyester base
film, the inl: surface shall be coated with a suitable si-ibstance
to assure permanent legibility.
The size of each sheet shall be eighteen (18) inches by
twenty-six (26J inches. A marginal line shall be drawn
completely around each sheet, leaving an entirely blank margin of
one inch. The scale of the map shall be not less than 1"=1~)0'
and enough sheets shall be used to show all details clearly. The
particular rn_~mber of the sheets and the total number of sheets
comprising the map shall be stated en each of the sheets, and its
relation to each adjoining sheet shall be clearly shown.
The contents of the final neap shall be as follows:
(a) Foundary. The boundary of the subdivision shall be
designated. by a heavy blac4: line in sc.)ch a manner as not to
obliterate figures nr other data.
(bi Ti _.i_e. Each sheet shall have a title showino the
subdivision number and name and the location of the property
being subdivided with reference to maps which have been
previously recorded, or by reference to the plot of a United
States Survey,
(c) Certifica±zs. The following Certificates shall
appear on the cover sheet:
(1) Owner's_Cer*ifir_ate, A certificate, signed
and acknowledged by all parties having any record title interest
in the real property subdivided, consenting to the preparation
and recordation of the final map. ,
(C) Dedicatign Certificate. A certificate signed
and acknowledged as above,.offering for dedication all parcels of
land shown on any final map and intended for any public use.
('') Engineer"s_C_ertificate. A certificate by the
engineer or surveyor responsible far the survey and final map
shall appear on the map. The certificate shall also state that
all the monuments are of the character and occupy the positions
indicated, or that they will be set in such positions on ar
before a specified later date. -The certificate shall also state
that the monuments are, or will be, sufficient to enable the
survey to be retraced.
(4) City_Engne=r"s_~ert_r'i.cate. A certificatz
by the City Engineer stating that the map has been e>:amined and
that. it is substantially the same as the tentative map and any
approved alterations, that it complies with the Subdivision Map
Act of the State of California and the provisions of this
section, and is technically correct.
10
> (5> Cit.v_C1.Prb'a Certifir_~tz, A certificate .far
Axecr.ation 6y the City Clerk stating the date and number of the
resol~.itibn adopted by ±he City Council approving the final map
and stating that the Council. accepted, subject to improvement or
rejer_ted on behalf of the public, any real property offered for
dedication for public i_rse in conformity with the terms of the
offer of dedication
(b) County_F;Ac~rder"s_Certifi_cate. A certificate
to be e>;ecuted by the County Recorder stating that the map has
been accepted for filing, that the map has been e>;amined and that
it complies with the provisions of State laws and local
ordinances governing the filing of final maps.
(7) Planning_~ommission Certificate, q
certificate 6y the secretary of the Planning Commission stating
that the tentative map was approved 6y resolution of the Planning
Commission. The date and number of the resolution shall appear
in the certificate.
(8) Sc_ale_and_North_Point, There must appear on
each map sheet the scale and the north point,
(9) Monuments. All sr_rrvey and mathematical infor
motion and data necessary to locate all monuments and to locate
and retrace any and all interior and e::terior boundary lines
appearing thereon shall be shown, including bearings and
distances of straight lines, and radii and arc length or chord
bearings and length for all curves, and sr_rch information as may
6e necessary to determine the location of the centers of curves
and ties to existing monuments ~_rsed to establish the subdivision
boundaries.
(Sn) Lot N~.~mbers. Lot numbers shall begin with
the number one (1) in each subdivision and shall continue
consecutively with no omissions or duplications.
(11) Street_Ngmes. The names of all streets,
alleys, or hinhways within or adjoining the subdivision shall be
shown.
(12) Cit_y_Por_indari_es. City boundaries which cross
or join the suhdivision shall be clearly designated.
(13) Easements. All easements of record shall be
shown on the map and shall be clearly labelled and identified.
Sf any easement is not of record, a statement of such easement
shall appear on the title sheet. Easements for storm drain,
sewers and other purposes shall be denoted by fine dotted lines.
The width of the easement and the lengths and bearings of the
lines thereof and srafficient ties thereto to definitely locate
the easement with respect to the subdivision shall be shown. if
the easement is being dedicated by the map, it shall be properly
set out in the owner's certificate ar dedication.
(5> Action_on_Final_M~gs
(a) Submittal._to_Citv__Engi.veer.
The subdivider shall submit prints of the final map to the City
Engineer for checL;ing. The prints shall be accompanied by the
following data, plans, reports and documents:
(b) Imerov_ement_Pla,ns. Improvement plans as required
by section ~5-18.7 of this section.
(c) Sgils_FtEpnrt. A sails report, in accordance with
the City's Grading Ordinance.
(d) Title_Reeort. A title report showing the legal
owners at the time of submittal of the final map.
(e> Imerovement_Bgnd_Est'imate. The improvemen± bond
11
e=_timate shall include ail i,n~rovement= witnin~public rioht=_-of-
wa.•, easements or common areas. J
(f) Ci°'~°=-*or _~=_mPn`=-°_-^:i ants e% Way• Deed -For
OffSlta eaSeme?nt5 Orr rl~hts-O!-Way req~..i~red for road or dralnane
purposes ~,hic`, have not been dedicated on the final map.
(G) _raverse Clo_su,~es. Traverse closures for the
boundary blocks, lots, easements, street. centzrlines and monument
lines.
(h> H•~drolgg_v_and_Hydraulic Calculations. Complete
hydrology and hydraulic calculations of all storm drains.
(b) F,eyiew/Aegroyal_b~•_City_Engineer.
The City Engineer shall review the final map and the subdivider's
engineer/surveyor_ shall make correctionsiadditions until the map
is acceptable to the City Engineer. The subdivider's
engineer !surveyor shall submit the original tracing of the map,
corrected to its final form and signed by all parties required to
e>;ecute the certificates on the map, to the City Engineer. The
City Engineer and the Community Development Director shall sign
trio appropriate certificates and transmit the original to the
City Clerk.
(?) Aggrov_al_bv__City_Council.
The final map, upon e>:ec~_;tion by the City Engineer and the
Community Development Direr_tnr, shall bz placed an the City
Council agenda for their approval. The City Council shall
consider the final map for approval within ten. (10) days after
filing with *_he City C)erl:, or at its ne>;t regular meeting after
the meeting at which it receives the map, whichever is later. If
the final map is i;nacceptabie, the Co;_;ncil shall make their
recommended corrections and instruct the City Engineer to revise
the final map. Approval shall be deferred until an acceptable
final map has been resubmitted.
(b) Denial _bv__Cit.~•_i_:,o;_incil_.
The City Council shall deny approval of the final map upon mat::ing
any of the findings contained in Section 2~-19.Sa(7).
(9) Filing_with_County_Recorder.
Upon approval of the final map by the City Council, the City
Clerk shall e;;ecute the appropriate certificate on the
certificate sheet and forward the map to the Clert: of the County
board of Supervisors for transmittal to the County Recorder.
12
~~-?~.6 5~~.~r,__i=_on_^IaEs_(Fo~__ir_(4i_or_Less_Parcels
a. Ten*_~tivc_F~.r____Flae .
(li General.
The form and contents, submittal, and approval of
Tentative Farcel P1aps shall conr'orrr~ to the provi=_ions of ,r.:=_
section. The Tentative Parcel Map shall be prepared b; _
registered civil engineer or licensed land surveyor.
(~) Form
The Tentative Map shall be clearly and legibly drawn or.
one sheet. The scale shall be approved by t_he City Engineer and
all lettering shall be 1%8" minimum in height. The final form
shall be approved by the City Engineer.
(') Content
The Tentative Map shall show the following information:
(a) Name and address of legal owner, subdivider, and
the person preparing the map (ir~cl~_~ding registration number).
(b) Ase~ssor's parcel number.
(c> Date prepared, north arrow, scale and conto~_ir
int-erval.
(d) E;:isting and proposed land use.
(e> Title.
(f> A vicinity map, sufficient to show the relation to
the local community.
(g) Er.isting topography of the site and at' least 100
feet from its boundary, including but. not limited to:
1. Er,isting contours at ~-f t. intervals, if the
e>isting ground slope is less than 1C~ percent and not less than
-f t. intervals for existing ground slopes greater than or equal
to 1C~ percent. E>:isting contaurs shall be represented by
screened cr dashed lines.
~. Type, circ~imference, and dripline of existino_
trees.
~. The appr-a:; i mate 1 ocati on and outl i rye of
existing structures identified by type. Structures to be removed
shall be so mar4ced.
4. The locatien, width.. and direction of flow of
each waterceurse.
5. TGe loc_at;on, pavement, and right-or-way
width. and Grad= and name rf er:istine streets or highways.
b. Location and type of street improvements.
7. The loco*_ion, size, and slope of e>;isting
storm drains. The location of er,isti ng overhead utility lines on
peripheral street=_.
8. The location, width, and identity of e:;isting
easements.
~h) Any improvemen*s proposed by the owner shall be
shown.
(i) if the site is to be graded, proposed contours
shall be shown or on an approved grading plan shall be submitted.
(i> The proposed lot layout and lot areas.
(L::) Proposed easements~or right=_-of-way.
(1 ) The so~.,rce and date of e;; i sting contours.
(m) A preliminary report of title showing the c,.~rrent
vested owner.
(n) A soils and/or engineering geology report may be
required by the City Engineer.
The City Engineer may waive any of the foregoing
req~.iirements upon ,finding that. the location or nature of the
proposed minor subdivision is such as not to necessitate
compliance with these regi_iirements; or may require additional
information as deemed necessary.
(4> Filing_with_Pl~r~ning_Division
Any person making a division of land for which a parcel
map is required shall file, in accordance with the provisions of
Sections 25-18.ba(~> and 2~-7.8.ba(3). twenty-five (25) copies of
a tentative map with the Planning Division.
(5> Pl~nn.ing_Divi_sion Review and Pi.iblic Hearing
-------------------------
Each tentative parcel map shall be reviewed by the
Planning Division and City Engineer' for compliance to all
applicable City ordinances and the Si.~bdivision Map Act. Upon
completion of the review and upon receipt of a valid application
for tentative parcel map approval, the Secretary of the Planning
Commission shall call a public hearing for the proposed tentative
parcel map. The hearing shall be set and notice giyon as
presr_ribed in Section 25-28.
(bi F'l~nning_Corr~mi=sion_Action
14
Upcn CUi,pletiOn of the public hearing, the Flanninq
Ccmrnissien shill nppro/e, cOr',dlt;n~^~olly approve, or r,=nv tree
tentative parcel map. If no action i=_ t~l:en by the rlann:no
Commission within fir`ty iJlli days from the dote the application
i=_ accepted as complete, trio Tentative parcel map shall bE: seemed
to be approved. In approving or conditionally approving the
tentative parcel map, the Planning Comrission shall find chat the
proposed s~_~bdivision, t.onecher ~•,ith its provi-=_ions fcr its design
and improvements, is con=_i=rc2nt with the General Flan or wi*.h
applicable Specific F'lcns adopted by the City of Lynwood.
The tentative parcel map may he denied for any reason
provided by City ordinances or the Subdivision Map Act. The
Planning Commission shall deny approval of the tentative parcel
map if it. makes any or' the findings contained in Section ~S-
18.Sa(7).
(7) Appieals
If the
Planning Commissi
subdivider may,
appeal with the
18.Sa18) of this
Map Act.
subdivider disagrees with
~n with respect to the tenta
within ten (10> days of the
City C1erF:, in accordance
chapter and Section 6642.5
any action by the
five parcel map, the
decision, file an
with Section 25-
of the Subdivision
Any interested person adversely affected by a decision
of the Planning Commission with respect to the tentative parcel
map may file an appeal with ti-,e City Council, the designated
appeal board referred to in Section 664~~.5 of the Subdivision
Map Act, concerning the decision. The procedure contained in
Section 2:J-18.Sal8> of this chapter shall apply.
Any tenant of the property being subdi•/ided in the
cor_irse or' a proposed conversion, of residential real property to a
condomini~_cm, community apartment or stock cooperative proiect may
appeal 4rom any action of the Planning Commission pursuant to the
Subdivision Map act and the first paragraph of this subsection.
!8) E_;~irationi_E_t~nsions1_Amendments
la) Er,Qir~*ien
The approval or conditional approval of a tentative
parcel ,nap shall e?:pire twenty-four (24) months from the date of
its approval.
The provisions of Section ~5-18.~al9)la) shall apply
regarding the effect of pending lawsuits and development
moratori!:m on the period of time specified above.
The e?;piration of the approved or conditionally
approved tentative parcel map shall terminate all proceedings and
no parr_el map of all or any portion of the real property included
ZJ
wl thl n LnB tentati v= parr?1 .nap shat l be f 11 ed wl T_h C~~_It f i r-sr
processing a new *_enratiye parr°i map.
(b) Extensions
Applications for err..n si on=_ of the excir ati on date of
the approved or conditionally approved tentative parcel map shad
be governed by the provisions or Section 2°~-18.:,a(9)(b) or this
chapter.
(r_) Amendg~gnts *c :,o Eroe•ed Tentative Parcel MaE
Amendments to the tentative parcel map or conditions of
approval shall be governed by the provisions of Section '?~-
18.Sa(10) of this chapter.
25-18.7 F'arcel_M~es
(1) General
The form and contents, submittal, approval and filing
of parcel maps shall conform to the provisions of this section
and the Subdivision Map Act.
(~) Surv_ev__Feguired
An accurate and complete survey of the land to be
subdivided shall be made by a registered civil engineer or
licensed land surveyor. Said siaryev shall.be made in conformity
with the Land Si.irveyors Fact. •
(3> Form and Content=
The form and contents of the parcel map shall conform
to final map r"orm regi.iirements ~?e. specified by Section ~5-19.424.
(4> F=viBwiAQpro~_cl__'o_y_Ci+__t2gir~ear
The City Engineer shall review the parcel map and the
subdivider's engineer/surveyor shall mab.:e corrections/additions
until the map is acceptable to the City Engineer. The
subdivider's engineer/surveyor shall submit the original tracing
of the map, corrected to its final form and signed by all parties
required to e;;ecute the certificates on the map, to the City
Engineer.
(S) Filing_wi`h County Recorder
The City Clerk or a~_ithorized agent shall transmit the
approved parcel map directly to the County Recorder.
2°i-18.8 Woiv_er_of_Pcrcel_Mans
The requirement for a parcel map may be waived by the
City Engineer for the following types of minor si.~bdivisions:
,.
In
i
... e~.:'. ~ .
(7) H minor siibdi :. s-, on only for the purpesa of
leasing t'ne lots resulting rom such =_ubdivision. provided
further tha± ti-,e land contained wi*hi r~ the parcel to be
subdivided will not contain there_n any public street or h:ghwav.
l2) A minor subdivis:on wherein each resulting lot or
parcel was preciously a legally created separate lot ,.ender tt~e
separate ownership but which s,.ibsequently came into the same
ownership as adjoining parcels such that the total quantity of
real property under the same ownership is =_hown on the latest
equalize=d Col-inty assessment roll as a unit or contiguous units.
(') To adjust. the bo~~ndarie=. between two or more lots
provided the e;:change of prop~rt.~ does not create any new lots.
include ar,y Lots or parcels created illegally, or impair any
e>;ist.ing easements or r_reate a need for any new easements serving
any adjacent lots or parcels.
Any applicant for a subdivision p~_irsuant to paragraphs
(1), (2), and (=) of this Section may receive a waiver only if
the following findings are made by the City Engineer:
(a) The proposed subdivision complies with the
requirements of this Chapter and the Subdivision Map Act as to
area, improvement. and design, flood and water drainage control,
appropriate unproved public roads, sanitary disposal facilities,
water supply availability. environmental protection, and other
requirements of this Chapter and the Subdivision Map Act.
(b) The proposed subdivision does not regixire any
dedication or improvement, and the proposed division of land
complies with the requirements of the Subdivision Map Act and
this Chapter.
(c> Th? land cnntair,a~ within the subdivision has
approved acr_ess to publir_ streets or highways.
The parcel map waiver request shall contain sufficient
information which will enable the findings to be made as, required
by this Section. In any case where waiver of the parcel map is
granted by the City Engineer, the City Engineer shall cal-ise to be
filed for record with the County Recorder a Certificate of
Compliance, and a plot map showing the division.
25-18.9 Dedications and Feservatinns
(1) Dedication_ of__Streets,-_ Alleys and I~i-her
- ------------------
Public_Rights=of_Way_or_Ezsements
As a condition of approval of a final map or parcel
map, the subdivider shall dedicate or make an irrevocable offer
of dedication of real property within the subdivision for
streets, alleys, including access rights and abutter's rights,
drainage, public utility easements and other public easements.
i7
. .
Improvements sha'_1 be in accordance with Section ~5-18.7 of this
chapter.
(~) Waiver of Direct Street Access
The City may require as a condition of approval of any
subdivision the waiver of direct access rights to proposed or
e>:isting streets from any property within or abutting the
subdivision. Any such waiver shall become effective in
accordance with its provisions and shall be contained in the
owners certificate of the final map or parcel map.
25-18.IC~ F'ark Land Dedication
--------------------
(1) General
This section is enacted pursuant to the authority
granted by the Subdivision Map Act of the State of California.
The part; and recreational facilities for which dedication of land
and/or payment of a fee is required by this section are in
accordance with the Part: and Recreation Element of the General
Plan of the City of Lynwood, adapted by the City of Lynwood on
April 20. 1°82, and any amendments thereto.
(2) keguirements
As a condition of approval of a final subdivision map
or parcel map, the subdivider shall dedicate land, pay a fee in
lieu thereof, or both, for par4; or recreational purposes
according to the standards and formula contained in the following
subsections.
(aT General_Standard
It is hereby found and determined that the public
interest, convenience, health, welfare and safety require that
three (~> acres of property i=or each 1,U0~? parsons residing
within the City be devoted to park and recreational purposes.
(b) Standards and Formula fbr Dedication of Land
--------------------------------------------
Where a part; or recreational facility has been
designated in the City of Lynwoad's Fark and Recreation Element
of the General Flan, and said park or recreational facility is to
be located in whole or in part within the proposed subdivision,
the subdivider shall dedicate land for a par{: sufficient.in sire
and topography to serve the residents of the subdivision. The
amount of land to be provided shall be determined pursuant to the
following standards and formula:
Average Number of Persons per Dwelling Unit.
X Park_Acreage_S_andard_(~_Acres)
io~u
The Average Number of Persons per Dwelling Unit in
18
... - - r _ -
Lynwood (1980 Census> is '.~4. Based on the above formula the
acreage requirement per dwelline unit is .0101 acres.
25-16.11 Formula_f_or_Fees_in Lieu_of_Land Dedica=ion
(1) General_Formula. If there is no park or
recreational facility designated in the r'art. and Recreation
Element of the City of Lynwood General Plan to 6e located in
whole or in part within the proposed subdivision, the subdivider
shall, in lieu of dedicating land, pay a fee equal to the value
of the land required for dedication in Section 25-18.6222 and in
an amount determined in accordance with the provisions of Section
25-18.6225, with the fee to be used for a local part: which will
serve the residents of the area being subdivided.
(2> Fees in t_ieu of Land - 5ti Parcels or Less. ~ If the
--------------------=---------------
proposed subdivision contains 50 parcels or less, the subdivider
shall pay a fee equal to the land value of the portion Hof the
park land required to serve the needs of the residents or' the
proposed subdivision as required in Section 25-18.6222 and in an
amount .determined in accordance with the provisions of Section•
25-18.6225.
(v) t)se_of Fees. The tees collected shall be used
only for the purpose of providing park or recreational facilities
reasonably relatc~j to serving the subdivision by way of the
purchase of necessary land or, if the Park and Recreation
Commission deems that there is sufficient land available for the
subdivision, for improving such land for park and recreational
purposes. The fees shall be committed within five (5) .years
after payment or the issuance of building permits on one-half of
the lots created by the si.ibdivision., whichever. occurs later. If
such fees are not committed, they shall be distributed and paid
to the then record owners of the subdivision in .the same
propoct.i-on that: the Bice of their lot bears to the total area of
all lots within the subdivision. '
25-F8.12 Criteria_for Feg~_~lring_bcth_Dedi.cation__and
ree
---
In subdivisions of over .'i0 parcels; the subdivider
shall both dedicate land and pay a fee in lieu of dedication in
accordance with the following: ~- _
ll) When only a portion of the land~to be subdivided
is proposed in the City's Park and Recreation Element of the
General Plan as the site for a part:.. such :portion shall be
dedicated for park purposes and a fee computed according to the
provisions of Section 25-18.6225 shall be paid for any additional
land that would have been required to be dedicated according- to
Section 25-18.6222.
(2) When'a major part of the park or'recreational site
has already been acquired by the City and only a small portion of
land is needed from the subdivision to complete the site, the
19
remaining pOrtlOn Shal D+? CeClCd.t.ed and n tee, COfilpUCed
according to Section C°~-18.bC_c, shall be paid in an amount equal
to the. val uE of the 1 and whl -h wool d oth«=r w7 se Have- been regl.~7 red
t0 bB ~7 ed7=aLed aCCOrd]nq t0 n,?CtlOri _~-lS. 1C1(2) (a) Tha fee Sh a1i
be used for the improvemen*_ o~ the e;:isting park or recreationaal
site or for the improvement rt other parks and recreation~.l s1-.es
n the area servi nc the s+_Ibdl . ~ =ion.
25-18.1' timo+ir~t.__of__Fee__in__L.i.~u__or_ Park Land
Dedication
When a fee is req~_ur~d to be paid in lieu of park land
dedication, the amount of the Tee shall be based upon the average
estimated fair market. value of the lend being subdivided or the
value ot" the land which would otherwise be required to be
dedicated according to Section 25-18.1U(?)!a>,
The fair marl::et value shall be determined by an
appraisal of the property by :; qualified real e=_tate appraiser
mutually agreed upon by the City and the sc.+bdivider. r',11 costs
required to obtain sr_rch an appraisal shall t.' borne by the
subdivider.
25-18.14 Determination of Land or Fee
----------------------------
Land dedication or payment of a fee in lieu of, or a
combination of both, shall be determined by consideration of the
followinq•
Flan:
f1> Fark and F:ecreation Element of the Lynwood General
(2) Topography, geology, ar_cess and location of land
in the subdivision available far dedication:
(. ) Size and shape of the s+_+bdi vi si on and 1 and
available for dedication:
(4) Feasibility of dedication:
t5) Availability of previously acquired park land.
25-18.15 Credit_for_Priv_dte_Recr•eation_or_Ogen Seace
Where a substantial private par); and recreational area
is provided in a proposed subdivision and sr_ICfi space is to be
privately owned and maintained by the future residents of the
subdivision, partial credit, not to e>:ceed 50%, may be counted
toward the requirement of land dedication or payment of fees in
lieu of, provided the F'ark and Recreation Commission finds that
it is in the p+.lblic interest to do so and the following standards
are met: -
lli That yards and setbacH: areas required by the
zoning ordinance shall not be included in the computation of such
20
' g ..
.. K,:
e
pri•.<:te open space:
!?) That the pr,.a*= owner =.r,ip a.nd maintenance or the
open space is adequately ~r-ovided for by recorded wr,rtzn
agreement, r_onve•:ance, or restriction=_:
('? That the ~_,se of the private open ~~:ace is
restricted for par4~ and recreational p,_,rposes by recor-.-~ed
covenant whim runs with the land and which cannot be eliminated
withor_rt the consent of the Ci t ::
i4) That the proposrd private open space is reasonably
adaptable for r_rse for part: and recreational purposes, taking into
consideration s,_,ch factors as size, shape, topography, geology,
acce=_.s and location;
(5) That facilities proposad for the open space are in
substantial accordance with tt,~e standards set forth in the nark
and Pecreat.ion Element of tha General Flan;
(6) That the open space for which credit is qi yen
contains a minimum of two (<) of the following basic park
elements: Chi.ldren's playground area, family picnic area,
name/court area, tr_rrfed Flay field, swirnaring pool with adjacent
deck and lawn areas, recreation center building and landscaped
parlcfseatinq areas.
~5-18.16 Procedure
At the time of approval of the tentative subdivision or
parcel map, the Forks and Recreation Commission shall determine
whether land is to be dedicated or in-lieu fees are to be paid,
or whether any combination or" J. and is to be dedicated or fees are
to he paid by the subdivider-. The action by the Parks and
Recreation Commission shall tat:e into consideration the
following:
(1) The amount of land required: or
(2) That a fee be charged in lieu of land; or
(~) That land and a fee be req~.rired and/or;
(4) That a stated amount of credit be given for
private recreation facilities: or
(5) The location of .the park land to be dedicated or
use or' in-lieu fe_s:
(6) The appro;:imate time when development of the park
or recreation facility shall commence.
This action shall be reviewed by the Planning
Commission and!or City Engineer r'or concurrence. At the time of
the filing cf the final or parcel map, the subdivider shall
21
dedicate the land and~or ;~, t;,e fee as determined by tn~- ~~tv,
Gpen space covenan*_s for pr:~.~te part.: or recreational fac:i:ties
shall be submitted to the Cit, prior to approval of the ..nai or
parcel map and shall be recordeC with The .:nal or parcel „yap.
2~-16.17 Non_Apgl i cebl e_S~.ibdi vi si or__
The provision=_ of this section do not a,-_~ple- to
industrial si.~bdivisions. condominii.im projects or stool;
cooperatives which consist of the subdivision of airspace in an
e;;isting apartment building which is more than five yecrs aid
when no new tlwelling units are added.
C~-16.18 Schgo]_Site_Dedication
(1> General
As a condition of approval of a final or parcel rt,ap, a
subdivider who develops or completes the development of one or
more subdivisions within the Lynwood Unified School District
shall dedicate to the school district such lands as the City
Council shall deem. to be necessary for the purpose of
constructing thereon such elementary schools as are necessary to
assure the residents of the subdivision adequate public school
service.
(2) Froced w-e
The requirement of dedication shall be imposed -;± the
time of approval of the tentative map. If, within thirr.y (.'_.u)
days after the requirement of dedication is imposed by the City,
the school district does n_at.effer to enter into a binding
commitment with the subdivider to accept the dedication, the
requirement shall be automatically terminated. The required
dedication may be made any time before, concurrently with, or ,.ip
to si:;ty (bl)i ~.;~...s aftr_r t.itr. filing of the final map on any
portion of the subdivision.
(3) Pav,nent__to Si~bdi~~ider_for_School Site Dedi•:ation
The school district shall, if it accepts the
dedication, repay to the subdivider or his successors the
original cost to the subdivider of the dedicated land, plus a sum
equal to the total of the following amounts:
(a) The cost~of anr• improvements to the dedicated land
since acquisition by the subdivider;
(b) The ta>:es assessed against. the dedicated land From
the date of the school district.'s offer to enter. into the binding
commitment to accept the dedication;
(c), Any .other costs incurred by the subdivider in
maintenance of such dedicated land, incluuding interest costs
incurred on any loan ceverind si.ich land.
22
=~ _ :gym ~*ion=_
-- ~ -----
Tne prop=isions or ni=_ =_ecr.on mall not a 1
GP -
tG
subdivider whG has owned t.^~ :and being Subdivided for more than
*_en (1V) years prior to r.h e f']ing of the tentative maps.
25-18.19 Ged_cation _r, _f_Sclar_Acr_~ss_E~_ements
(1> General.
Sunlight easements to assure each parcel or unit within
a subdivi=_ion the right to receive sunlight across adjacent
parcels ar units within the s~_tbdivision 'for which approval is
sought. for any solar enerq•; system, may be required. "Solar
energy =_vstem" shall he defined as set fortr,'in Section 801.5 of
the Civil Code.
(^_) F'rnced~tre
The req~.rirement. of dedication may be imposed at the
time of approval of the tentative map, provided the followinq_ are
st_rbmitted far City approval:
- (ai Specific standards to determine the e::act
dimensions and locations of sur_h indicated easements;
tb> Specific regulations on vegetation. buildings and
other objects which world obstruct the passage of sunlight
through the easement;
(c) Specific terms or conditions, if any, under which
an easement may be revised or terminated.
5-18.?i~ Peservation=_
(1) General
As a condition of approval of a ±entative map, the
subdivider shall reserve sites, appropriate in area and location,
for parks and recreational facilities, fire stations, libraries
or other public uses according to the standards and formula
r_ontained in this section.
tom) Standards for Reservation of Land
Where a part::, recreational facility, fire station.
library or tither public use is shown on the Parks and Recreation
Element. of tf,e General PYan and/or an adopted Specific Plan, the
subdivider may be required by the City to reserve sites in
accordance with the definite principles and standards contained
therein. The reserved area must be of si.cch size and shape so as
to permit thebalance of the property within which the
reservation is located to develop in an orderly and efficient
manner. The amount of land to he reserved shall not ma4:e
23
development of the rert~ai ni na 1 rnd h~l d by the s~.ibc: ~.: der
economically unfeasible. The reserved area shall conform to the
Fork=_ and Recreation clement of the.G?ner,1 Plan and/or any
adapted Specific Plan and shall be in s.~ch multiples of streets
and parcels so as to permit an =fficient division of the reserved
area ih the event that it i=_ not acquired within the prescribed
period.
(.~) F'rgcedure
The public agency for wnase benefit an area has been
reserved shall. at the time of approval of the final map or
parcel map, enter into a binding agreement to acquire such
reserved area withir. two (2> Years after the completion and
acceptance of all improvements, unless the period of time is
e>:tended by mutual agreement.
(4) Payment_*o_S~_ihdi.v_ider
The purchase price shall be the market value thereof at
the time of the filing of tt~e tentative map pl~_is the ta::es
against the reserved area from the date of the reservation and
any other casts incurred by the subdivider in the maintenance of
the reserved area. including interest costs incurred on any loan
covering the reserved area.
(Q) Termination
If the public agency for whose benefit an area has been
reserved does not enter into a binding agreement, the reservation
of the area shall automatically terminate.
• 24
__ ..
^_`r-18.21' SU'EDI~'ISION IhIF'F:0'JEhIENTS
2~-18.=_ General
The subdivider shall construct all required improvements
both on and off site according to approved standards. No Final
Map shall be presented to the City Council or Parcel Map to the
City Engineer for approval until the subdivider either completes
the required improvements,- or enters into an agreement with the
City agreeing to do such work.
25-18.2_ Imgrovements_Regu.ired
(1) General
All improvements as may be required as conditions of
approval of the Tentative clap or City Ordinance, together with
but not limited to, the following shall be required of all
s~ibdivisions. Requirements for construction of onsite and
off site improvements for subdivisions of four '(4) or less parcels
shall be noted on the Parcel Map, waiver of Parcel Map or the
subdivision improvement agreement recorded prior to or concurrent
with the Parcel Map..
(2) Storg,_Drainage
Storm water runoff from the subdivision shall be
collected and conveyed by an approved storm drain system. The
storm drain system shall be desioned for ultimate development of
the watershed. The storm drain system shall provide for the
protection of abutting and. off site properties that would be
adversely affected by any increase in runoff attributed to the
development. Off site storm drain improvements may be required to
satisfy this requirement.
(3) Sanitary Sewers
Each unit or lot within the subdivision shall be served
by an approved sanitary sewer system.
(4) Water_SugElY
Each unit or lot within the subdivision shall be served
by an approved domestic water system.
(5) Utilities
Each unit or lot within the subdivision shall be served
by gas (if required), electric, telephone and cablevision
facilities. All utilities within the subdivision and alono
peripheral streets shall be placed underground e;;cept those
facilities e>:empted by Public Utilities Commission regulations.
For subdivision of five (5) or more parcels the developer may
appeal the undergrounding requirement along peripheral streets to
the City Council.
The appeal shall be accompanied by an estimate from
each utility company for the appros:imate cost per lineal foot and
total cost to underground its facilities along the peripheral
street. The developer shall pay all r`ees as may be charged by
each utility company to ma4:e the required estimate. The City
Council may. at its discretion, accept a fee in-lieu of the
undergrounding of e;;isting facilities along peripheral streets.
The amount of fee snail not be less than the amount established.
by the City Engineer far the r-~ormal cost of undergrounding or'
e>:istina utilities along residential streets. in-lieu fees shall
be deposited in a soecial account to be used as approved by the
Gity Council for future undergrounding of utilities throughout
the City. For subdivisions of four t4) or less parcels,
undergrounding rea.uirements may be waived or modified by the City
Engineer provided the r'allowinc findings e.re made:
~5
(a) IhE Sllbd:'.:S:Or; :S within an area whore e::ict:na_
utilities have not beer; underarounded.
(b) u':erhead utili_ies will have no s:cnificant .:sue:
impact.
If the underorounding requiremec;t is waiveC, an in-lieu fee
as eStaGil3hcd by file Cit. EnG:neer shall Ge pa::...
25-15.24 Defarre__Im~ro~e~T~enr__Agreemen_s
(li Subdivisions of Fcur (4i or Les F'ar~el
The frontage improvements along e;:isting peripheral
streets may be deferred wnen deemed necessary by the City
Engineer. Deferral shall be allowed when the City Engineer finds
that construction is impractical due to physical constraints, or
the surrounding neighborhood is absent of similar improvements.
When improvements are deterred, the subdivider shall enter ir;tc
an agreement with the City for the installation of all frontage
improvements at such time in the future as required by the City.
The agreement shall provide:
(a) Construction of said improvements shall commence
within nine*_y (90) days of -thE receipt of the
notice to proceed from the City.
(b) That in event of default by the owner, successors
or assigns, the City is hereby authori=ed to cause
said construction to be done and charge the entire
cast and expense to the owner, successors or°
assigns, including interest from the date of
notice of said cost and e;:pense until paid.
(c) That this agreement shall be recorded in .the
office of the Los Angeles County Recorder, at the
e;:pense of the owner and shall constitute notice
to 311 successors and assigns of the title to the
real property of the obligation set _forth, and
also a lien in an amount to fully reimburse the
City, including interest as above, subject to
foreclosure in event of default in payment.
(d) That in event of litigation occasioned by any
default of the owner, successors or assigns, the
owner, successors or assigns agree to pay all
costs involved, including reasonable attorr;ey's
fees,'and that the same shall become a part of the
lien against the real property.
(e) That the term "owner" shall include not only the
present owner but also heirs, successors,
e;:ecutors, administrators and assigns, it boring
the intent of the parties that the oGligations
underta4~en shall run with the real property and
constitutes a lien against it. .
The agreement shall not relieve the owner from env
other requirements specified herein. The construction of
deferred improvements shall conform tc the provisions or' this
ordinance and all applicable chapters of the Municipa'_ Ccde in
effect at the time of construction.
(2) Remainder-
Where remainders are made part of a Final or F'a-czl
Map, thz subdivider may enter into an agreement with the City to
construct improvements within the remainder at some future date
and prior to the issuance of a permit or other grant of approval
far the development of a remainder parcel. The improvements
shall be at the subdivider's e;:pense. in the absence- of an
agreement, the City may require ful+illment of the construction
requirements within a reasonable time following approval of *_he
26
~;
,::
• map. Upon ~ +:nc.ng that rulr:llment of tr.e construction
requirements is necessary for raason_ of:
(ai The puolic~healt~~ and safety, or
(b7 The req~_tired ccnstr~_tc~.on .s ~. neces_~.ry prereq~~u_.~_
to the orderly development of the surrounding area.
=5-18.5 Gesign
(1) General
The design and layout of all required improvements Goth
on and off site, private and public, shall conr'orm to generally
acceptable engineering standards and to such standards as
approved by the City Engineer.
(~) Energy_Con~er_v~tion
The design of a subdivision for which a Tentative Map
is required, pursuant to Section ~5-15.1, shall provide, to the
e::tent feasible, for future passive or natural heating or cooling
opportunities in the subdivision: E•r.amples of passive or natural
heating opportunities in subdivision design include design of lot
sire and configuration to permit orientation of a structure in an
east-west alignment for southern e::posure. E::amples of passive
or natural coaling opportunities in subdivision design include
design of lot sloe and configuration to permit orientation of a
structure to ta4;e advantage of shade or prevailing bree.es. In
providing for future passive or natural heating or cooling
opportunities in the design of a subdivision, consideration shall
be given to local climate, to contour, to configuration of the
parcel to be divided, and to other design and improvement
requirements, and such provision shall not result in reducing
allowable densities or the percentage of a lot which may be
occupied by a building or structure under applicable planning and
coning in force at the time the Tentative Map is filed. The
requirements of •this section do not apply to condominium projects
which consist of the subdivision of airspace in an e::isting
building when no new structures are added. Fer the purposes of
this section, "feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking into
account economic, environmental, social and technological
factors.
~~-13.5 Access
The subdivision shalt abut upon or have an approved access
to a public street. Each unit or lot within the subdivision
shall have an approved access to a public or private street.
Street layout shall be designed to provide for future access to,
and not impose undue hardship upon, property adjoining the
subdivision. Reserve strips, or non-access at the end of streets
or at the boundaries of subdivisions, shall be dedicated
unconditionally to the City when required..
~-18.?7 Imgrov_ement_Plans
(1) General
Improvement plans shall be prepared under the direction
of and signed by a registered civil engineer licensed by the
State of California. Improvement plans shall include but not be
limited to grading, storm drains, Landscaping, streets, water,
sewer and traffic plans.
(_) Form
Flans. profiles and details shall be legibly drawn,
printed cr reproduced on 24"•. ~=S" sheets. A border shall be made
on each sheet providing 1/_" at top, bottom and right side and 1-
1/2" cn the Taft sides. A title block: sna11 be placed in the
lower right corner or along the right edge and provide adequate
27
Spa~'E fGn-a'~prOVa) by the r]', =~iglneBr and '~, approval Of pl err.
r e',/1530n5. Plan and prCi';lE-' Shall be Orawri tG the SCalE Of
1"=4ir' or larger unless approvEC oy the Clt~ Engineer, Leta_.s
shall bE drawn tc such scale tout _learly snows the facll:ty
being constructed. The sce.ie=_ rOr various po-tions of the plans
Shall DE Shown On Each sheet. h: Vi O1 n'ty map Sh all be ShOwri On
the f1rSt Street O~ nil °-etS Of pl an S. A north arrGw Snail bE
shown on earn sheet when applicable. clans shall be lard out tc
orient north to the top or right edge of the sheet unless
approved otherwise by the City Enaineer, Ali lettering shall be
1/S" minimum. If the plans include three or mere sheets, a cover
sheer: showing the streets. lots, easements, storm drains, inde>;
and vicinity map shall be included. The form of all plans shall
conform to additional requirements as may be established by the
City Engineer. The final form of all plans shall be approved by
the City Engineer.
(~) Contents
The improvement plans shall show ,complete plans,
profiles and details for all required improvements to be
constructed, both public and private, including common areas.
Reference may be made to City of Lynwood, Los Angeles County Road
Department or State Standard Flans in lieu of duplicatino_ the
drawings. Hydrology, hydraulic plans and calculations, bond
estimates and any structural calculations as may be required,
shall be submitted with the improvement plans to the City
Engineer. All calculations shall be legible,:- systematic and
signed and dated by a registered civil engineer'licensed by the
State of California and in a form approved by the City Engineer.
(4) F:gyiew/Apergyal_Cy_City_Engineer
..The subdivider shall submit the improvement plans and
all computations to the City. Engineer for review. Upon
completion of the review, one set of the preliminary plans, with
the required revi =_ions indicated, =_haii be returned to the
subdivider'=_ engineer. After completing all required revisions,
the subdivider's engineer shall transmit the orioir,als of the
improvement plans to the City Engineer for sicnature. Upon
finding *_hat all required revisions have been made and that the
plans conrorm to all applicable City ordinances, design review
requirements and conditions of approval of the Tentative Map, the
City Engineer shall sign ar~d date the plans. The originals shall
remain with the City Engineer's office. Approval of the
improvement plans shall not be construed as approval or' the
sanitary sewer or water construction plans. Approval by the City
Engineer shall in no way relieve the subdivider or the
subdivider's engineer from responsibility for the design of the
improvements and for any deficiencies resulting from the design
cr from any required conditions or approval of the Tentative. Map.
°-18. Revisic~ns_to_A rnved_r'lans
__' ---- -gp-' -- -----
(1) Pv_-Subdi_vider
Requests by the subdivider or the engineer for
revisions to the approved plans appearing necessary or desirable
during construction shall be submitted in writing to the City
Enaineer or authoriced representative and shall be accompanied by
revised drawings showing the proposed revisior:. lr' the revision
is acceptable, the originals shall be submitted to the Citv
Engineer's or`fice for initialir:c. The original plans shall
r=main with the City Engineer's office and copies of the revised
plans shall be returned to the subdivider. Construction of any
proposed revision will not be permitted to commence until revis_d
plans have been received anC forwarded to the City's Engineerinc
Inspection Division.
-,
l_) a`~_C_t~___ngineer
When revisions are deemed necessary by the City
Engineer to pro*_ect public hE~.lth and safe*_y, or as field
zs
Oi~ul t'i 0i1S`Go},''r c-a~_u re. c. ~ c.~.a ~_I E•~= !n wr?t': ilG °_r~nil bE madE t0 the
subdiviaer ano engineer. Th_ sL~.odivider': engineer shall revise
the plan=_. a.nd transmit th=_ ori.l nals to the City Encineer for
_ii_t1811nG W2Lriln LnE L1 Ric E:'cClflBd bL' tnE .r..1tY Engineer.
Ccr:sLrucLion or ail or any porL.on or the improvements may oe
StODp2d by the C1tY Englne8r until re\'l sod ^raWingS hate been
submltted. The su~dlvlder may ~,opeal revlslon=_ required by the
City Engineer tg the City Co,_~ncil by fling an appeal with the
City Clerl.: within two (_) worl::inq days following receipt of Lhe
request to revise the plan=_,
iC) °l an Chect_:ing_"?nsgec'icn Cgsts_ror_F:zvisions
Costs incurred by the City for the checking of ple.ns or
calculations or inspection as a result of revisions to the
approved plans shall be borne by the subdivider at actual cost.
A deposit, when required, shall be submitted with the revised
prints and applied toward the actual costs.
25-15.9 ImErovement_Agreement and Security
(li im~rov_ement_Agre=ment
The agreement shall be prepared and sicned by the City
Engineer and approved as to form by the City Attorney as
determined by the City Engineer: however, in no event shall the
City Engineer authorize a release of the improvement security
which would reduce such security to an amount below that required
to guarantee the completion of the improvements and any other
obligation imposed by this ordinance, the Subdivision Map Act, or
the improvement agreement.
(_> Imgrov__ment_Sec~irity_
(a) 6enaral
Any improvement agre=meat, contrar.t or act required or
authorized by the Subdivision !•tap Act, for which security i=_
required, shall be secured in accordance with Section 66449 of
the Subdivision clap Act and as provided below. No Final Map or
Parcel hiap she.il be signed by the City Engineer or recorded until
all improvement securities req_ii.red by this section have been
recei:'ed and approved.
(b) Farm ~f Security
The form of security shall be one or a combination of
r.he following at the option and subiect to the approval of the
City.
(1> &and or bonds by one or more duly authorized corporate
sureties.
(~) An instrument of credit
institutior:s subiect to
federal government and
necessary to carry out
deposit and guaranteed fog
(~) The provisions of the
accordance with Section
Subdivision Map Act.
from one or more financial
regulation by the state or
pledging that the funds
the ac± or agreement are on
payment.
bond or bonds shall be in
66444.1 and 6b449.~ of the
(4) The agreement shall provide for'
(a) Construction of all improvements according to the
approved plans and specifications on file with the
City engineer.
(b) Completion or improvements within the time
specified herein
(c) Night by Cit. t.o modify plans a.nd specifications.
(d) ~:arranty by subdivider that constructia~ will net
advers=_lv affect any portion ~. adjacent
properties.
(J)
(5)
(e) Payment of inspection fees in accordance with the
City's resolutior, estadlishing fees and ~harces.
(f) r^avment of in-lieu fees far undergroundinc of
uti'_ities on peripheral s.ree~s; payment or in-
lieu fees for par4;land dedication.
(g) Payment of drainaoe district or area r'ees.
(h) Improvement security as required by this section.
(i) Maintenance and repair of any defects or failures
and causes thereof.
(j> Release of the City from all liability incurred by
the development and payment bf, all reasonable
attorney's fees that the City may incur because of
any legal action arising from the development.
({;) Any other deposits. fees or conditions as required
by City ordinance or resolution artd~ as may be
required by the City Engineer.
Amount_of_Security
A performance bond or security in the amount of one
hundred percent (100%) of the estimated construction
cost to guarantee the construction or installation of
all improvements shall be required of all subdivisions.
An additional amount of fifty percent (50%) of the
estimated. construction cost shall be required to
guarantee the payment to the subdividers contractor,
subccntractars, and, to persons fttrni=_hing Taber.
materials or equipment for the construction or
installation of improvements. The estimate of
improvement tests s:`~all be as approved by the City
Engineer and shall provide for:
(a) Not le=s than five percent (~%) nor more than ten
percent (ib%) of the total ccnstructien cost fer
contingencies.
(b) Increase for projected inflation computed to the
estimated midpoint of construction.
tc) All utility installation costs or a certification
acceptable ~to the Cit;~ Engineer from the utility
company. that adequate security has been deposited
to insure installation.
(d> In addition to the full amount of the security,
there shall be included costs and reasonable
e>:penses and fees. includinc attorney's fees,
incurred in enforcing the obligation sec~~red.
(e) A contingency rate to be set by the City Engineer.
Cash Bond
The developer shall deposit with the City not less than
one thousand dollars ($1,000.00) cash for subdivisions
of four (4) or less parcels, and three thousand dollars
(~C.000.pO) for other subdivisions, ar such additional
amount as required by the City Engineer. nc*_ to a>:ceed
one percent (1'l.> of the construction test. The deposit
may be used at the discretion of the City to correct
deficiencies and conditions tau=_ed by the subdivider or
his contractor that may arise during or after the
construction of the subdivision. Any une::pended amount
30
will be returned to the deveioaer at she time all bends
are released.
:::;) warranty Security
-----------------
L!p on acceptance aT the Subdi vi Sion Improvements by the
Gity, the subdivider shall provide security in the
amount as reeuired by the Ci`_v Engineer to guarantee
the improvements throughout the warranty period. The
amount of the warranty security shall be not less than
ten percent (10%> of the cost of the constructior, of
the improvements, including_ the cash bona which she d
be retained for ±he one (1> year warranty period.
(~i7 Reduction in Performance Security
---------------------------------
The City Engineer may authorize in writing the release
or' a portion or' the security in coniunction with the
acceptance of the satisfactory completion of a part of
the improvements as the work procresses upon
application by the subdivider, but in no case shall the
security be reduced +_o less than fir'ty percent (50%) of
the total improvement security given for faithful
performance. The amount of reduction of the security
shall be as determined by the City Engineer: however,
in no event shall the City Engineer authorize a release
of the improvement security which would reduce such
security to an amount below that required tv guarantee
the completion of the improvements and any other
obligation imposed by this ordinance, the Subdivision
Map Act. or the improvement agreement.
(a) Release_of_Improv_oment_Securities
The performance security shall be released only upon
acceptance of the improvements by the City and when an apprcved
warranty security has. been riled with the City Engineer.
Security given to secure payment. to the contractor, subcontractor
and to persons r'ur-nishing labor, materials cr'equipment may, si;:
(6) months after the completion and acceptance of the
improvements by the City, be reduced to an amount equal to the
amount of all claims filed and of which notice has been given to
the City. The balance of the security shall be released upon the
settlement of all such claims and obligations for which the
security was given. The warranty security shall be released upon
satisfactory completion of the warranty period provided.
(1) All. deficiencies appearing on the warranty deficiency
list for the subdivision have been corrected.
C2> Not. less than twelve (12> months have elapsed since the
acceptance of the improvements by the City.
25-18.29 Ccns_ructiort_and_CanstrucLion Insgection
(i> Construction
The construction methods and materials for all
improvements shall conf orm to the Standard Specifications of the
City of Lynwccd. The provisions of the City's Standard
Specifications shall apply to the developer where applicabl2.
Construction shall not commence until required improvement plans
have been apprcved by the City Engineer.
(2) Canstruction_Insgecticn
General
All improvements are subject to inspection by the City
Engineer or authorized personnel in accordance with the City's
Standard Specifications.
(C.> Fr<~_~cns±ruct_en Can~~rence
31
Prior tc commencinc env construction, the deve'_caer
shall arrange for c, precanStrliCtion Conference with the Senlar
Community Develepment Department Inspector- and the City =ncineer.
CS-1S.CU Final_T_nsaec__or and_Dei___encv____st
Upon completion of the subdivisior, improvemen_s,
the developer shall apply in writing to the City engineer r"or a
preliminary final inspection. The City Engineer or authorized
representative shall schedule a preliminary final inspec~ien. A
deficiency list shall be compiled during the inspection, nc_inc
all corrections or additional work required. When the
preliminary final inspection has been completed, a copy of the
deficiency list shall be transmitted to the developer r'or
correction. Upon having completed all corrections or additional
work as outlined by the deficiency list, the develcper shall
certify in writing that all corrections have been completed
satisfactorily and request a 4ina1 inspection. The City Engineer
or authorized representative shall then make a final inspection.
Upon finding that all items on the deficiency list have been
corrected and receipt of "as built" improvement plans, the
subdivision shall be deemed ready for acceptance by the City.
The completion of corrections indicated on the deficiency list
shall not relieve the developer from the responsibility of
correcting any deficiency not shown on~the list that may be
subsequently discovered.
25-18.31 Comgletion_and_AcceQtance_of Imorov_ements
o'
(1) Comgletion_of_Imerov_ements
a. Subdivisions of Five (5) or More Parcels
----------------------------------------
.The subdivision improvements shall be completed by
the developer within eighteen (18) months, or such time as
approved by the City Engineer, not to exceed a period of twenty-
four (24) months, from the recording of the Final Map, unless an
extension is grante~_bv_._the.Ca= ;~-roti+~ci-}.---Should the subdivider
fail to complete the improvements within the specified time, .the
City may, by resolution of Council and at its option, cause any
or alI uncompleted improvements to h~ completed and the parties
executing the surety ar sureties shall be firmly bound for the
payment of all. necessary costs.
b. Subdivisions of Four (4> or Less Parcels
- ---------------------------------------
Completion of improvements will not be required
until such time as a permit or other grant approval far the
development of any parcel within the subdivision is applied for,
Improvements shall be completed prior to final building
inspection or occupancy of any unit within the subdivision. The
completion of the improvements may be required by a specified
date by the City when the completion of such improvements are
found to be necessary for public health cr safety or for the
orderly development of the surrounding area. This finding shall
be made by the City Engineer or authorized representative. Such
specified date, wehn required, shall be stated in the Subdivision
Improvement Agreement.
c. E::tensicns
The completion date may be e>;tended by the City
Council far subdivisions of five (5) cr mare parcels and by the
City Engineer for suhdivisions of four (4) or less parcels upon
written request by the develcper and the submittal of adequate
evidence to justify the e>;tension. The request shall be made not
less than thirty ('~U) days prior to expiration of the Subdivision
Improvement Agreement. The subdivider shall enter into a
Subdivision Improvement Agreement E>:tensior. with the City. For
subdivisions of five (5) or more parcels the agreement shall be
prepared and signed by the City ,Engineer, approved as to form by
the City Attorney, er,ecuted 6y the subdivider and transmitted to
the City Council for their consideration. Ir' approved by the
32
%itv Council, the Mayor shell execu'~e the agreement en behalf of
the City, in considering a Subdivision =mpovement E;:tensipn
Agreement, the fcilowire ma~~ be required:
(a> Revision of improvement pion=_ to provide .or current
lesion anC construction standards wher, required by the
City Enc'neer;
(b) Revised improvement construction estimates to reelect
current improvement costs as approved by the City
Engineer.,
tc> Increase of improvement securities in accordance with
revised construction estimates.
(d> Inspection fees may be increased to reflect current
construction costs but shall not be subject to any
decrease or refund.
The City Council may impose additional requirements as
recommended by the City Engineer or as it may deem necessary as a
condition to approving any time er,tension for the completion of
improvements. The costs incurred by the City in processing the
Agreement shall be br:rne by the developer.
(2) AcceQ=ance_of Improvements
a. General
When all improvement deficiencies have been
corrected and "as built" improvement plans filed, the subdivision
improvements shall be considered by the City fee acceptance.
Subdivisions of five (5) or more parcels must be accepted by the
City Council. The City Engineer or authorized representative
shall be responsible for the acceptance of subdivisions of fear
(4> or less parcels. Acceptance of the improvements shall imply
only that the improvements have been completed satisfactorily and
that public improvements have been accepted for public-.use.
b. Notice_gf_Camgletion
Lf the subdivision has been accepted by the City.
the City Clerk shall cause to be filed with the County Recorder a
Notice of Completion.
_, .
c. AcceQtance_of_A_Pcrtion of Imorov_ements
When requested by the subdivider in writing, the
City may consider acceptance of a portion of the improvements as
recommended by the City Engineer. The improvements wi21 be
accepted by the City only if it finds that it is in the public
interest and such improvements are for the use of the general
public. Acceptance of a portion of the improvements shall not
relieve the developer from any other requirements imposed by this
ordinance. ,
Z5-18.5 Reversions To_Acreage
(1) General
Subdivided property may be reverted to acreage pursuant
to the provisions of this section and the State Subdivision Map
Act. This section shall apply to Final and Parcel Maps.
l2> Initiation of Froce=dings
--------------------
(a> By_Owners
Praceedir,gs to .revert subdivided property to
acreage may be initiated by petition of all of the owners of
record of the real property within the subdivision. The petition
shall conatin the information required by Section ~5-18.5~(5>.
33
(b>: Pv City Council
The City Council, at the request 01 any person or
on its awn motion may, by resolution, .nitia*_e proceedings ~~
revert property to acreage. The City Counci'_ shall direct the
City Engineer to obtain the necessary information to initiate and
conduct the proceedings.
(~) Conten_s_of P=*~_ion
The petition shall contain 'the following:
Ca) Adequate evidence of title t^ the real property
within the subdivision;
Cb) Sufficient data to enable the City Council to ma1:e
all of the findings required by Section 25-18.95;
(c) A Final Map or Parcel Map which delineates
dedications which will not be vacated and
dedications which are a condition to reversion;
(d) Such other pertinent information as may be
required by the City Engineer.
25-18.~.'~ Submit*al_Of__°etition_To_Ci=y_Engineer
The Final or Parcel Map for the reversion together with all
other data as required by this article shall be submitted to the
City Engineer for review. Upon finding that the petition meets
with all the requirements of this section and the Subdivision Map
Act. 'the City Engineer shall submit the Final or Parcel Map.
together with his report and recommendations of approval or
conditional approval of the reversion to acreage, to the City
Council for its consideration.
25-18.4 City Council Agprov_al
.. -...._
A public hearing shall be held by the City Council on the
proposed reversion .tn acreage. h:atice of the public hearing
shall 6e given as provided in Section ~5-28. Thn City Council
may approve a reversion to acreage only if it finds and records
by resolution that:.
(1) Dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage area unnecessary
for present or prospective purposes; and
(Z) Either:
(a) All owners. of an interest in.'the real property
within the subdivision have consented to
reversion; or '
tb) None of the improvements required to 6e made have
been made within two <2) years from the date the
Final or Parcel Map was filed for record, or
within the time allowed by agreement for
completion of the improvements, whichever is
Iater;.or
(c) No lots shown on the Final Map or Parcel Map have
been sold within five (5) years from the date such
map was filed for record.
(.;) As conditions of reversion the legislative body shall
require:
(a) Dedications or offers of dedication necessary far
the purposes specified by the Lynwood Municipal
Code fallowing reversion;
(b) Retention of all previo~_isly paid fees ir' necessary
to accomplish the purposes of the Lynwood
34
Municipal Code and the Subdivision Mao Ac_:
(c) Retention of any potion cf requirec imcrevemen~
security or deposits _- necessary to accomplisr.
the pusooses of the Lynwood Municipa'_ .,.,de ... the
Subdivision Map Ac*_.
5-1S.C5 Filinc_Wi`h_'_'our}v_~a~^~d=~
Upon approvir,e the reversion to acreage, the City Engineer
shall 'transmit the Final or Parcel Map, together with the City
Counc=l resolution approving the reversion, to the County
Recorder far recordation. Reversion shall be effective upon the
Final Map being filed for record by the County Recorder. Upon
filine, all dedications and offers of dedication nct shown on the
Final or Parcel Map for reversion shall be of no further force
and effect.
25-18.6 Correction and Amendments of Maps
(1) Reguirements.
After a Final Map yr Parcel Mao is filed in the office
of the County Recorder, it may be amended by a
Certificate of Correction or an amending map for the
following:
Ca) To correct an error in any course or distance
shown thereon;
(b) To show any course or distance that was omitted
therefrom;
(c) To correct an error in the description of the real
property shown cn the map;
(d) To indicate monuments set after tfie death,
disability or retirement from practice of the
__ -,:_--- engineer ar survey^r charged-with-respcnsibilities
for setting monuments; or
(e> Tc show the proper location cf any monument which
has been changed ir. location, or character, or
• originally was shown at the wrong location cr
incorrectly as to its character;
Cf> To correct any other type of map er^or or omission
as approved by the City Engineer, which does not
affect any property right. Such errors and
omissions may include, but are not limited to. lot
numbers, acreage. street names, and identifidacion
of adjacent record maps. Error does not include
changes in courses or distances from which any
error is not ascertainable from the data shown on
the Final or Parcel Map.
C22 Form and_Gon_ents
The amending map or Certificate of Correction shall be
prepared and signed by a P.egistered Civil Engineer or
Licensed Land S~erveyor. The form and contents of the
amending map shall conform to the requirements of
Secticn 25-18.42 if a Final Map, or Section 25-18.52 if
a Parcel Map. The amending map ar Certificate of
Correction shall set forth in detail the corrections
made and show the names of the present fee owners of
the property affected try the correction cr omissions.
(~) Submitcal_and_Acpro_val_bv__Ci_v__Engineer
The amending map or Certificate of Correction, complete
as to final form. shall be submitted to the City
Engineer for r=view and apcrcval. The City Engineer
35
_ shall e;:amine 'the amendinc map or' Cer.ti~fi'cate of
..err=_ction and if the only changes made are these set
forth in Subsection .°-+~ ___ this
fact sr,all be
certified cn the amendin
g map or Card
Correction. " ca`-
(4) Filing_W__h__he_Ceunty-_P,o_orde_
The amendino map or Certificate of Correction certified
by the City engineer shall be filed in the office of
the County Recorder in which the orig'naI map was
filed. Upon such filing, the Ccunty Recorder shall
inde>; the names of the fee owners and the appropriate
subdivision designation shown on the amending map or
Certificate of Correction in the general inde>; and map
index, respectively. Thereupon, the original map shall
be deemed to have been conclusively sc corrected and
thereafter shall impart constructive notice of all
such corrections in the same manner as though set forth
upon the original map.
CS> Fee
The fee for checking, processing and recording th=_
amended map or Certificate or' Correction shall be in
accordance with the City's resolution establishing fees
and charees. A deposit to be applied toward this fee
may be required 6y the City Engineer upon submittal of
the amended map or Certificate of Correction for
review.
25-18.37 Parcal_Mergers
(1) Mergers_Not Reguired
Two (Z) cr more. contiguous parcels or units of land
which have been subdivided under the provisions of this
section or the Subdivision Map Act shall not merge by
virtue of the fact that the contiguous parcels are held
- by- the same ownership. No further proceedings under
this section shall be re.quir~=d for *_he purpose of sale,
lease or financing, except as provided by this section.
(2) Mergers Reguired
If any one of two or more contiguous parcels or units
-held by the same owner does not conform to e;risting
zoning ordinance standards r"or minimum lot size so as
not to permit use or development, and at least one
parcel or unit is not developed with a building for
which a building permit has been issued, or which was
truilt prior to the time such permits were required.
then such parcels shall be considered as merged for the
purpose of this section.
(3> Notice_cf Merger
If the Planning Division of the Community Development
Department has knowledge that real property has merged
pursuant to this section, a notice of merger shall be
filed for record with the Ccunty Recorder. At Ieast
thirty (30) days prior to recording of the notice, the
owner of the parcels or units to be affected by the
merger shall be advised in writing of the intention tc
record the notice. •,he notification to the owner shall
specify a time, date and place at which the owner may
present evidence as to why the notice of mercer should
not be recorded. The notice of merger to be recorded
shall specify the names of the record owners and shall
describe the property to be merged. A fee to be
charged at actual cost shall be charged to the record
owner(s) for processing such merger.
36
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property.
(c) The provisicns of this subsectior, snail not apcly
to the conveyance of any parce'. of real proaer_y
identified in a Certificate of Compliance filed
pursuant tc Section ?~-la ___ or identified in z.
recorded Final or Parcel Map, from and after the
date of recording. The provisions of this
subsection shall not limit or affect in any way
the rights of a grantee or successor in interest
under any other provision of law.
(d) This section does not bar any legal, equitable or
summary remedy to which the City or other public
agency, or any person, firm or corporation may
otherwise be entitled, and the City ar other
public agency, or any person. firm or cbrporation
may file a suit in the Superior Court of Las
Angeles County to restrain or enjoin any attempted
or proposed subdivision or. sale, lease, or
financing in violation of this section.
(e)
~s-le.~a
The City shall not issue a permit or grant any
approval necessary to develop any real property
which has been divided, or which has resulted from
a division, in violation of the provisions of this
section ar the Subdivision Map Act if it finds
that development or' such real property is contrary
to the public health or the public safety. The
authority to deny a permit or approval shall apply
whether the applicant was the owner of record of
record at the time of such violation or whether
the applicant therefor is either the current owner
of record or a vendee of the current owner of
reccrd pursuant to a contract of sale cf the real
property with, or without, actual or constructive
knowledge _.of_ the violation at the time of the
acquisition of interest in the real property. The
City, in issuing a permit. or granting approval for
the development of ar.y such real property, may
impose only those conditions that would haves been
applicable to the division of the property at the
time the current owner of record acquired the
property. If the property has the same owner of
record as at the time of the initial violation.
the City may impose conditions applicable to a
current division cf the property. If a
Conditional Certificate of Compliance has been
filed for record, on'_y those conditions stipulated
shall be applicable.
Certiricate_of _ComoT_iance
(1) P.ny person owning real property cr a vendee of such
person pursuant toga contract of sale of such real property may
request the Planning Division and City Engineer to determine
whether the real property complies with the provisicns of this
section and the Subdivision Map Act.
(2) Upon malting such a determination, the City shall cause
a Certificate of Compliance to be filed for reccrd with the
Ccunty Recorder. The Certificate of Compliance shall identify
the real property and shall state that the division of land
complies with applicable provisions of the Lynwood Municipal Code
and the Subdivision Map Act.
(3) If the Planning Division and City Engineer determine
that the real property does nct ccmply with the provisions of the
Lynwood Municipal Cade or Subdivision Map Act. the City may, as a
condition to granting a Certificate of Compliance, impose
conditicns according to Section 25.1o__ (e). Upon malting such a
determination and establishing such condi±ions, the City shall
ss
.le •a Condit_cn al Cert.f .cote _- Comol_ancc for 'r ecorc w1'th
the
County Recoroer. Such c~ertif:sate sna'_i sere= as net'_ce *^ the
property owner er veneee who na=_ e.pclied for the certi~=:cote
pltr SUant tO tni5 SeCt10^. a ^yr e.n tee Of the _,,^ODerLV Owner. _~ anv
subseouent ~r ar, sf eree or assicnee _= the^ prop erty. that^ _he
fulftllment and _mplementatlOn Of the COnditiOns Snall be
required prior to suCsequent __suance of a permit or ether grant
o-." approval for eevelopment o= the property. Compliance witn
such conditions s`•al'_ not be requ=rep un-il su^h time as a permit
or other grant of approval for development of the property is
issued.
(4) A recorded Final ar
Certificate of Compliance with
property described therein.
(5) A fee to be charged at
the applicant for making the d
Certificate of Compliance.
Parcel Map
respect to
actual cost
eterminat,ion
shall constitute a
the parcels of real
small be charged to
and processing the
25-18.39 Notice of Violation
If the Planning Division and City Engineer have knowledge
that real property has been divided in violation, df the
provisions of this section or the Subdivision Map Act a notice of
intention to record a notice of violation shall be filed for
record with the County Recorder describing the real property in
detail, naming the owners, and describing the violation and
stating that an opportunity will be given to the owner to present
evidence. Upon recording a notice of intention to record a
notice of violation, the City shall mail a copy of such notice to
the owner of such real proeerty. The notice shall specify a
time, date and place at which the owner may present evidence to
the Planning Commission as to why a notice should not be
recorded. If, after the owner has presented evidence, it is
determined that there has been no violation, the City shall
record a release of the notice of intention to record a notice of
violation with the County Recorder. If, however, after the owner
has presented evidence, the Planning Commission determines that
the property has in fact been illegally divided, or if within
sixty (60) days of receipt of such copy the owner of such real
property fails to inform the Planning Division of any objection
to recording the notice of violation, the Planning Commission
shall record tree notice of violation with the County recorder.
The notice of intention to record a notice of violation and the
notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all succes=ors in
interest in such property.
39
Section 3. Severability. If: any section, subsection,
subdivision, sentence, clau~ase, or portion of this ordinance
or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of
any court or competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance
or its application to other persons or places. The City Council
hereby declares that it would have adopted this ordinance, and
each section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases,
or portions, or the application thereof to any person or place,
be declared invalid or unconstitutional.
First read at a regular meeting of. the City Council of
said City held on the 19th day of November 1985, and
finally ordered publisilec~t a regular meeting o: said Council
on the 3rd day of December 1985.
AYES: COUNCILPERSON BYORK, MORRIS, TIIOMPSON, WELLS, HENNING
NOES: NONE
ABSENT: NONE
ROBERT HF.NNING, Ma~
City of Lynwood
ATTEST:
`~~~;~, ~
DR I ity er
City of. Lynwood
APPROVED AS TO FORM: j/ APPROVED AS TO CONTENT:
y ~ C~NTE L. NIAS, Acting Director
Community llevelopment Department
~.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
ss.
I, the undersigned, City Clerk of the City of Lynwood, and
ex-officio clerk of the Council of said City, do hereby certify that the
above is a true and correct copy of Ordinance No. 1264 adopted by
the City Council of the City of Lynwood, and that the same was passed on
the date and by the vote therein stated.
Dated this Sth day of December
(SEAL)
19135.
City Clerk, City of Lynwood