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HomeMy WebLinkAboutOrdinance No. 98-O6 ORDINANCE NO. 9 8-0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 66 OF THE AZUSA MUNICIPAL CODE TO ADOPT CODE AMENDMENT NO. 200 AMENDING THE SUBDIVISION ORDINANCE TEXT FOR SECTIONS 66-143, 66-145.5, 66-201, 66-203, 66-461, 66-462, 66-463, 66-480, 66-481, 66-482, 66-483, 66-484, 66-485, 66-486 and adding Article VIII THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa determines and declares as follows: A. The Planning Commission for the City of Azusa held a duly noticed public hearing on January 28, 1998, anc continued until February 25, 1998, and, after fully considering all oral and written testimony offered at the aforementioned public hearing, adopted Resolution No. 98-6, recommending to the City Council the adoption of this ordinance. B. The City Council of the City of Azusa held a duly noticed public hearing on April 6, 1998,concerning this ordinance and fully and carefully considered all oral and written testimony offered therein prior to acting on this ordinance. C. The amendment clarifies existing procedures and updates them for conformance with State law. D. The revised Subdivision Code as set forth in this ordinance is consistent with and in conformance to the General Plan of the City of Azusa, and each of the elements thereof. SECTION 2. The Subdivision Code of the City of Azusa is hereby amended to reflect the changes specified in the attached Exhibit"A". SECTION 3. Pursuant to the State CEQA guidelines,a negative declaration,a copy of which is attached hereto as Exhibit A, has been prepared and reviewed, finding that the proposed project could not have a significant effect on the environment. The City Council hereby certifies said negative declaration,with the proviso that the mitigation measures,if any, recommended in the initial study, be implemented. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in compliance with the provisions of the Azusa Municipal Code. Page 1 of 2 ORDINANCE NO. 9 8-0 6 PAGE 2 OF 2 PASSED AND APPROVED this 4th day of May :. ,00i •••••or: CRISTINA CRUZ-MADRID, Mayor ATTEST: 4:46 PH SOLIS, Cit Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the forgoing Ordinance No. 98-06 was subject to a first reading at a regular meeting of the City Council of the City of Azusa on the 20th day of April , 1998. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of May , 1998,by the following vote, to wit: AYES: COUNCILMEMBERS:HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE ABSTAIN: COUNCILMEMBERS:NONE a 1 P •LPH SOLIS, City Clerk APPROVED AS TO FORM ifila,•••• ity At rney Page 2 of 2 (P:\Commission\CCRES\code200.wpd\Irocha) REVISED PLANNING COMMISSION EXHIBIT "A" to Code Amendment No. 200 Sec. 66-143. Identity of subdivider/appjieant for a lot line adjustment When a tentative lot line adjustment, minor land divisio.. , submitted;'the subdivider shall show any of the following: areel or tract map is (3) That he/she is the owner of the property as shown on the map as proposed for subdivision. (4) That he/she has an option or contract to purchase the property or that portion of which he/she is not the owner. (5) That he/she is the authorized agent of one who can comply with the requirements of this article Sec 66-145.5. Content of a. .lication for a lot line ad'ustment minor land division tentative tract and tentative parcel man An a. .lication for a tentative ma. shall include a title re.ort .re.ared within 90 da s of its submittal eatce ti that the Cit E ineer ma waive this uirement for a lot line ad'ustment when the ad'ustment is =o uired b the Ci or when ownershi: and information about easements have been established to the satisfaction of the Ci E ineer. • DIVISION 4. PARCEL Sec. 66-201. Form and manner of preparation and filing. (f) A tentative and parcel map shall be prepared and filed in the form and manner prescribed in this division when: (1) It is proposed to divide any parcel of land within the city which is not a minor land division to create one additional eared or a tract ma. to create five or more parcels; and (2) A division of land is .ro.osed for creation of five or more .arcels which is exce.ted from tract ma. re.uirements ser Government Code Section 66426. - .:. - - ; - : - ;' . - - - -- , . (3) The parcel is divided into parcels or lots, each of a gross arca of 20 acres or more Sec. 66-203. Contents The tentative parcel map may be prepared on any convenient size drafting medium and shall contain the following: requirements for preparation of a tentative map set forth in Sec. 66-144, enumerated in (1) through (19). (1) Boundary of the parcel to be divided completewithall dimensions. (2) Approximate dimensions of each parcel created. (3) Current names of all public streets bordering the parcel. (4) Location of all existing-structures, fences, utility poles, driveways orany()the improvements affecting the division. (5) A north point and scale. The scale shall be sufficient-to show clearly all improvements on the parcel to be divided. (6) Existing contours and proposed-slopes if the topography of the site requires extensive grading for development. Sec. 66-204, Final Each final map shall conform to the following as to form and monumentation; Signature and sed, Space shall be provided for the signature and seal of the City Engineer, preparation and signature by a registered land surveyor shall be required before processing of the map can proceed, (12) Manuznentntion. New lot line monuments shall be placed as necessary. ARTICLE VIII. MINOR LAND DIVISIONS Sec. 66-461. Definitions Minor land divisions means any real property, improved or unimproved, or portion thereof which is shown on the equalized assessment roll of the county in effect on August 5, 1960, as a unit or as contiguous units or any lot or parcel created subsequent to August 5, 1960, by subdivision or minor land division, which is divided or is proposed to be divided for immediate or future sale or lease,by any person, to create one additional parcel into four or less parcels. Sec. 66-462. Compliance required. No person shall divide any real property to create an additional parcel without first complying with this article. Sec. 66-463. Map-Filing A filing fee of the amount in effect, as established by City Council resolution, shall be submitted by the applicant for a minor land division, and said applicant shall be responsible for payment of county recordation fees to finalize the minor land division • _ •• - - -- - - - • - - - • - - _ •• - - - ---- • - - - -- _ tcndcrcd. Sec. 66466. Duties of City Engineer p Recordation dation instrument, The City Engineer shall determine whether map recordation shall be by parcel map or record of survey. fsp Map forepaw, The City Engineer shall require mep preparation to be by a licensed land surveyor, (e) .i lona nentation. The City Engineer shall require monuments for new lot lire, ARTICLE VIII, LOT LINE ADJUSTMENTS Add new article, attached, and hereby incorporated by reference in its entirety(to be reformatted for consistency with Chapter 66). ATTACHMENT: Article VIII • Article VIII, LOT LINE ADJUSTMENTS Section 66-480. Filing Lot Line Adjustments for Record. An adjustment or modification of the boundary line between existing adjacent parcels of real property, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existing is not thereby created,referred to in this article as a"lot line adjustment,"maybe filed for record only pursuant to the provisions of this article and upon the approval by the City Engineer containing findings that the lot line adjustment does, or will upon satisfaction of appropriate conditions, conform to the requirements of this article. Lot line adjustments that do not exceed a twenty(20)percent increase or decrease in the area of the smallest eixsting parcel shall be subject to the approval of the City Engineer. Lot line adjustments that exceed a twenty(20)percent increase or decrease in the area of the smallest existing parcel shall be subject to the approval of the Planning Commission. Unless otherwise directed by the City Engineer, Planning Commission or the City Council upon a finding that the purposes of this Chapter are satisfied by review as a lot line adjustment, an adjustment, or modification between two or more existing adjacent parcels where land is taken from more than one parcel and added to an adjacent parcel shall be processed,prepared,reviewed,approved,appealed and filed for record as a tentative map or tentative parcel map pursuant to the provisions of this Chapter. Section 66-481. Application and Fees. An applicant for a lot line adjustment shall submit all of the following upon initial application: ILOT LINE ADJUSTMENTS-Submittal Requirements I a. A map or drawing to such scale as will show all of the details and dimensions clearly and shall show: 1. The location of the previous lot line or lines to be affected, the location of the lines to be approved,the date,the north point,the scale,the acreage of the parcels affected (before and after adjustment), and a description to identify the property with respect to maps or documents of record. 2. The names and addresses of the applicant and the engineer or licensed surveyor representing applicant. 3. A small scale vicinity map portraying and orienting the boundaries of the proposed lot line adjustment with respect to surrounding areas and roads. Article VIII-Lot Line Adjustments-Page 2 of 4 4. The exterior boundary line of the parcels affected conforming with existing records, with essential information as to dimensions and bearings. 5. The location,names and widths of all existing and proposed roads,streets,and access easements within or affecting the parcels and the existing roads,streets and easements serving the parcels. 6. '" The location, width, nature and status of all existing and proposed easements, reservation and rights of way,whether or not of record,to which the property is or will be subject. 7. The location of any existing buildings or structures within the affected parcels with a notation of set back distances from lot lines shown. b. The fee or fees for processing,recording and other services,as established from time to time by the City Council by resolution or order,shall be paid by the applicant as provided in such resolution or order. c. A completed application on a form approved by the City Engineer,including all information of concern to the Director of Community Development or the Planning Commission, including: 1. The source of domestic water supply and the method of providing an adequate water supply to each parcel affected. 2. The proposed method of sewage disposal. 3. Other utilities which are to serve the parcels affects. Section: 66-482. Procedure The City Engineer shall require the recordation instrument to be prepared and signed by a licensed land surveyor, The City Engineer approval with appropriate conditions as may be required under this Article shall authorize the City Clerk to file for record an appropriate map, record of survey, or other documents reflecting the lot line adjustment approved. Monumentation for new lot lines shall be required at the discretion of the City Engineer, All lot line adjustments shall be and are exempt from the provisions of Government Code Sections 66493 relating to the posting of security where the property is subject to a lien for taxes or special assessments not yet payable. When the City Engineer is satisfied that the documents,maps,or records of survey that are to be recorded to complete the lot line adjustment are technically correct and comply with all applicable laws and regulations,and that all agreements and securities have been provided,the City Clerk shall note his/her certificate on the face of the documents,maps or record of survey to indicate that the document appears to be in conformity with the provisions of this Article and shall transmit the same to the County Recorder for filing for record. Article VIII-Lot Line Adjustments-Page 3 of 4 All conveyances necessary to effect the lot line adjustment shall be deposited with the City Clerk for recording concurrently with the certificates as provided in this Chapter. A certificate,signed and acknowledged by all parties having any record title interest in the real property adjusted, consenting to the preparation and recordation of the lot line adjustment, is required. A lot line adjustment and all conveyances necessary to bring it into effect shall be recorded within 24 months of approval unless a time extension is approved by the Planning Commission or the City Council. LOT LINE ADJUSTMENTS -Standards Section 66-483. Standards for A. 'royal of Lot Line Ad'ustments A lot line adjustment between adjacent parcels shall not be approved unless all the following requirements are satisfied as to each resulting parcel: 1. The lot line adjustment is in conformity with the City of Azusa General Plan and the purposes and policies of this code and the City of Azusa Zoning Ordinance. Lot line adjustments which involve existing legal non-conforming parcels or existing legal non- conforming structures may be found to be in conformity with the Zoning Ordinance if 1. No parcel involved in the lot line adjustment that is conforming as to size prior to the adjustment shall become non-conforming as to size as a result of the adjustment; and 2. No parcel involved in the lot line adjustment that is greater in size than the average size of all the legal, non-conforming parcels involved prior to the adjustment shall become smaller in size than this average as a result of the adjustment;and, 3. The lot line adjustment will not increase any violation of parcel width, setback,lot coverage,parking or other,similar,requirement of the applicable zone district, or make an existing violation more onerous;and 4. It does not appear that an existing non-conforming use will more severely affect the health,safety,or welfare of the residents of the area by reason of the lot line adjustment. Article VIII-Lot Line Adjustments-Page 4 of 4 b. Conditions have been imposed which will assure that the parcels comply with the zoning and building ordinances of the City of Azusa. c. Conditions have been imposed to facilitate the relocation of existing utilities, '" infrastructure and easements. Section 66-484. Notice and Anneals Hearings before the Planning Commission and,upon appeal,before the City Council shall be noticed as is provided in California Government Code§65091. The action of the City Engineer or Planning Commission shall be final unless an appeal in writing is filed by the applicant or by an interested party adversely affected by the action,within ten(10)days following such action. The appeal shall be filed with the City Clerk of the City of Azusa, together with the appropriate fee for appeal as may be established from time to time by the Azusa City Council by Resolution or Order. Notice of the time and place of the public hearing and a general description of the matter to be considered shall be published in a newspaper of general circulation in the City and circulated in the area affected at least ten(10)days before the hearing. At the time of the hearing on appeal the City Council of the City of Azusa may hear the entire matter de novo or any portion of the matter to which specific attention may be called by the appeal. The City Council may approve the action taken by the Planning Commission or City Engineer, revise the action taken with modifications they may deem appropriate,reverse the action or refer the matter back to the City Engineer or Planning Commission, as appropriate, for further review. LOT LINE ADJUSTMENT-Recordation&Penalties Section 66-485. Recordin• of Lot Line Ad'ustments Without A I I royal Prohibited. No person shall record a document or record of survey for the purpose of adjusting the legal boundary line between two or more existing adjacent parcels except in conformity with the provisions of this Code and the Subdivision Map Act. Section 496. Penalties for Violations. A violation of a provision of this Article shall be punished as provided in the Azusa Municipal Code. RESOLUTIOiI O. 98-6' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AZUSA RECOMMENDING A STAFF INITIATED AMENDMENT TO THE SUBDIVISION ORDINANCE TEXT OF THE AZUSA MUNICIPAL CODE FOR SECTIONS 66-143, 66-145.5,66-201, 66-203, 66-461, 66-462, 66-463, 66-480, 66-481, 66-482, 66-483,66-484, 66-485,66-486 and adding Article VIII CODE AMENDMENT NO. 200 The Planning Commission of the City of Azusa does resolve as follows: SECTION 1. The Planning Commission does hereby declare and determine the following recommended amendment was duly given and published, that a public hearing was held on the January 28,1998,and continued until February 25,1998, and the public necessity,convenience and general welfare and good zoning practice require that the following amendment and change be made. SECTION 2. The Planning Commission has carefully considered all pertinent testimony and the staff report offered regarding this matter presented at the public hearing. Therefore,the Planning Commissk h hereby recommends to the City Council the change and amendment of the text of Chapter 66 of the Azusa Municipal Code,AS SHOWN IN THE ATTACHED EXHIBIT"A". SECTION 3. Pursuant to the State CEQA Guidelines, a Negative Declaration has been prepared and reviewed,finding that the proposed project could not have a significant effect on the environment. The Planning Commission hereby certifies said Negative Declaration, with the provision that the mitigation measures,if any, recommended in the Initial Study,are implemented. SECTION 4. The Secretary shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 25th day of FEBRUARY, 1998. A USA PLANNING COMMISSION CHAIRMAN I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Azusa at a regular meeting thereof held on the 25th day of February, 1998, by the following vote of the Commission: AYES: MORITZ, JAMES, FLOWERS, PRADO, MUNOZ, GROSSER, MARTINEZ NOES: NONE ABSENT: NONE tl: kk7--------'' 7 AZ S P -1 G COMMISSION SECRETARY / Page I of 1 (P:\Commi!sion1RES\CODE200.wpd)