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HomeMy WebLinkAboutOrdinance No. 998 ORDINANCE NO. 998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE RELATING TO MINOR LAND DIVISIONS. The City Council of the City of Azusa does ordain as follows: SECTION 1. Chapter 3 of Article IX of the Azusa Municipal Code is hereby amended to read in full as follows: "CHAPTER 3 - MINOR LAND DIVISIONS. " SECTION 9300 MINOR LAND DIVISIONS. DEFINITIONS. (a) "Minor Land Divisions", for the purposes of this Chapter shall mean any real property, improved or unimproved, or portion thereof which is shown on the Equalized Assessment Roll of the County of Los Angeles in effect on August 5, 1960, as a unit or as contiguous units, or any lot or parcel created subsequently 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, into four (4) or less parcels. "Minor Land Divisions" shall not include : (1) any lease which is for a period of two years or less; (2) any lease or any part of an apartment house, community apartment project, commercial building or trailer park, which does not involve a division of real property. (3) any division of any single lot or parcel of land into condominiums as defined in Section 783 of the Civil Code. (b) "Map" shall mean a Parcel Map as that phrase is defined in Section 11575 et seq. of the Business and Professions Code to which reference is hereby made. Said Map shall be prepared in accordance with the provisions of Section 11575 et seq., and shall contain all the information as required by said provisions. (c) "Notice" shall mean written notice, deposited in the United States mail, postage prepaid, addressed to the applicant, appellant or other interested person, at his last known mailing address. (d) "Subdivider" shall mean any person who applies for a minor land division pursuant to the provisions of this Chapter. (e) "Director of Public Works" shall include the City Engineer. -1- SECTION 9301 COMPLIANCE. No person shall divide any real property into four (4+) or less lots, without first complying with the provisions of this Chapter. Any deed of conveyance, sale, contract to sell or lease,made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, lessee or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy, within one (1) year after the date of execution of the deed of conveyance, sale or contract to sell or lease, but the deed of conveyance, sale, lease or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heirs or devisee. SECTION 9302 FILING OF MAP. Any person desiring to obtain approval of a division, shall file a map with the Director of Public Works in the number, form and manner prescribed in Chapter 3.5 of Article IX. A filing fee of 30.00 plus $1.00 for each lot shall be paid concurrently therewith. In addition, the cost of recordation in the amount of $5.00 for the first sheet and $2.00 for each additional sheet shall be tendered. SECTION 9303 MAP APPROVAL. The Director of Public Works shall approve a map filed with him, if all the follow- ing conditions are found by him to exist: (a) that each new parcel or lot, resulting from the proposed division, as shown on said map, will abut upon a dedicated and improved public street; (b) that no street dedication or improvement is proposed or necessary to properly service the property; (c) that no dedication for street opening is required to service new lots or parcels; (d) that no installation of public utility lines or facilities or dedication of easements therefor, would be required if the area were being developed as a subdivision pursuant to the provisions of this Code and the Subdivision Map Act of the State of California; (e) that the form and content of the Map complies with the provisions hereof. SECTION 930+ DEDICATIONS AND IMPROVEMENTS. (a) All streets, highways and parcels of land shown on the map and intended for any public use shall be offered for dedication for such public use in the form and manner approved by the City Attorney, and accepted by the City prior to approval of the map. (b) The subdivider shall construct all curb gutter, pavement, base, and excavation necessary for the complete construction of the half street bordering the entire parcel and the entire streets within the boundary of the map. -2- (c) The subdivider shall construct any sidewalks contained within the boundary of the map or bordering the map. (d) The subdivider shall construct all main line sewer, including manholes and laterals, providing the boundary of the map is within three hundred (300) feet of an existing sewer line . (e) The subdivider shall provide for installation and connection of water lines within the boundary of the map to any existing public utility water line. (f) The subdivider shall provide the necessary grading and/or storm drains to drain adequately the area contained within the boundary of the map. (g) Any other off-site improvements necessary for the proper development of the area contained within the boundary of the map shall be included and so labeled thereon. (h) All improvements shall be installed to grades and specifications approved by the Director of Public Works. (i) Two prints each of plans, profiles and specifications of proposed improvements shall be furnished to the Director of Public Works prior to the time of approval of the map, and be approved by the Director of Public Works prior to the commencing of any construction or improvements. Such plans and profiles shall be prepared according to City standards. (j) No improvement shall be deemed to be proposed or necessary, within the meaning of Section 9303 above, where such improvement has been completed, or the same has been pro- vided for, prior to the approval of the map, by an agreement executed by all necessary parties, including the City. Such agreement shall provide for the construction of such improvement and shall require the posting of a bond or a letter of credit to insure faithful performance of the provisions of said agreement; provided that the City Council, upon the showing of good cause, may waive the bonding requirement as herein imposed. SECTION 9305 DUTIES OF DIRECTOR OF PUBLIC WORKS. (a) Approval. Upon receiving a Map, the Director of Public Works shall, as soon as is practicable, determine whether the conditions required by Section 9303 exist and that the map complies with all other applicable laws. If such conditions are met and compliance is had with all applicable laws, he shall thereupon endorse his approval of the Map, indicating the fact of such approval. Thereafter, said Map shall be recorded in the office of the Los Angeles County Recorder and applicant shall bear the cost thereof. (b) Disapproval. If the Director of Public Works finds that the requirements of Section 9303 do not exist and/or that compliance is not had with any other applicable law, he shall disapprove the said Map, including, but not limited to, the City' s zoning regulations, and give the applicant notice of such action. -3- SECTION 9306. APPEAL FROM THE DECISION OF THE DIRECTOR OF PUBLIC WORKS. Any person aggrieved by the determination of the Director of Public Works with reference to a Map, may appeal that decision to the Planning Commission by filing with the Secretary of the Commission a written letter of appeal, not later than ten (10) daysafter the giving of notice by the Director of Public Works; together with the sum of $10.00, as an for a filing and processing fee. The Secretary shall thereupon advise the Director of Public Works of such appeal; the Director of Public Works shall transmit to the Secretary his file with reference to the matter so appealed. The Secretary of the Commission shall give ten (10) days notice of the time and place of hearing to the applicant, and all other persons requesting such notice. The Commission shall, as soon as possible thereafter, hold a hearing to review the file and the pro- posed map. If the Commission finds that the conditions required by Section 9100.53 exist and compliance is had with all applicable laws, it shall, by resolution, approve the map. If the Commission finds that dedication for street utility and/or other purposes is required to properly service such property, or if it finds that any of the im- provements hereinabove referred to are required, it shall conditionally approve the map in such manner as is necessary to insure that such dedication and/or improvement will be accomplished within a reasonable time. A copy of the map shall be attached, as an exhibit, to the Commission's approv- ing the same. If the Commission approves the map, the Director of Public Works shall endorse his approval of the map. Thereafter, said map shall be recorded in the office of the Los Angeles County Recorder and applicant shall bear the cost thereof. The action of the Commission shall be final in the absence of an appeal, as hereinafter provided. SECTION 9307 APPEAL FROM DECISION OF COMMISSION. Any person aggrieved by the decision of the Commission with reference to a map, may, not later than the day following the next regularly scheduled Council meeting, file a written letter of appeal with the City Clerk, together with the sum of $10.00 as and for a filing and processing fee, appealing the decision of the Commission to the Council; or, the Council may, upon motion, determine to review the decision of the Planning Commission in the same manner as if an appeal has been filed by a person aggrieved by such a decision. Upon notification by the Clerk of such appeal, the Secretary of the Commission shall transmit to the Clerk the Commission's file with reference to the matter appealed. The Clerk shall place the matter on the Council's agenda as soon as possible thereafter, and shall give appellant, and any other interested person requesting such notice, ten (10) days written notice of the time and place of such hearing. -4- The Council shall at the time of such hearing, review the said matter, and by resolution, shall affirm, modify or reverse the Planning Commission's decision. The determination of the Council shall be final and conclusive. SECTION 9308. MAP. Before any map is approved pursuant to the appeal procedures of this Chapter, it shall be reviewed by the Director of Public Works to insure that said map contains all the information required by this Chapter, and if dedication is required, that applicant has supplied title reports relating thereto. SECTION 9309 HEARINGS BY COMMISSION OR COUNCIL. Neither the Commission nor the Council shall be required to hold a formal noticed public hearing upon an appeal with reference to a map. The Commission and the Council shall hear any relevant evidence offered by appellant, and any other interested person, with reference to the said map, and consider the files and any staff report therein included. SECTION 9310. FILING OF PARTIAL MAPS. Where a division of real property, by sale or lease, has taken place, which division requires conformance to the provisions of this Chapter, but City approval has not been obtained, as provided in this Chapter, and the pur- chaser of one or more of the parcels so divided, has been refused a building permit or a certificate of occupancy, or has attempted to file a map on his property but the same has been refused, by reason of noncompliance with this Chapter, the City Council may by motion, direct the Director of Public Works to accept a map for a partial minor land division, for filing relating to such purchaser's property only, provided that such purchaser agrees that he will construct improvements and dedicate areas as may be necessary to comply with the provisions of this Chapter, if it finds the follow- ing facts to be present: (a) That the purchaser at the time of his purchase of the property was unaware of the application of the provisions of this Chapter to his property; and (b) That the purchaser has unsuccessfully attempted to obtain the approval and concurrence of the other pur- chasers and/or his vendor; in the filing of a map covering all of the property divided without compliance with this Chapter; and (c) That to refuse to accept a map relating to the property of the injured purchaser only, will work an undue hardship upon such person; and (d) That the public interest will be furthered by permitting such filing. Nothing in this Section shall be deemed to relieve any owner, purchaser or vendor of any real property from the filing of a map for approval, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided. " -5- SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Passed and approved this 17th day of August , 1970. 47 f: Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, DEAN F. KLARR, City Clerk of the City of Azusa do hereby certify that the above Ordinance No.998 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 3rd day of August , 1970. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of August , 1970, by the following vote, to wit: AYES: Councilmen: Decker, Snyder, Clark, Solem NOES: Councilmen: None ABSENT: Councilmen: Rubio City e k I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 26th day of August , 1970, and that the same was published in accordance with law. 1- Vit, — City 1 rk Publish Azusa Herald & Pomotropic, August 26, 1970 -6-