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Ordinance No. 063 - Subdivision of Real PropertyORDINANCE NO. 63 AN ORDINANCE OF THE CITY OF ROSEMEAD, CALIFORNIA CONCERNING THE REGULATION OF SUBDIVISION OF REAL PROPERTY INTO FOUR PARCELS OR LESS AND AMENDING THE MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section I.. A new Chapter is hereby enacted and added to the Rosemea unicipal Code, as Chapter 4 of Article IX there- of, to read as follows: CHAPTER 4 - SUBDIVISION OF LOTS (FOUR PARCELS OR LESS) Section 9400. Commission Approval No person shall subdivide any real property, improved or unimproved, or any portion thereof, shown on the latest adopted county tax roll as a unit, or as con- tiguous units, into four or fewer parcels for the purpose of sale, transfer or encumbrance, whether immediate or future, until a final map thereof has been filed and approved in accordance with the re-. quirements of this chapter, or in accordance with the requirements for a subdivision of the State Subdivision is Map Act, Sec. 11,500 et seq., Business and Professions Code of California. Section 9401. Same - Exception. A person may offer to sell or contract to sell a por- tion of real property prior to approval of a final map in accordance with the requirements of this chapter, if the offer to sell or contract to sell provides in writing that the offer or contract is conditioned upon the approval of the final map and the meeting of the conditions, if any, of such approval, in accordance with the requirements of this chapter, prior to the consummation of the sale. Section 9402. Transaction Voidable. • Any deed of conveyance, mortgage, deed of trust, or other lien or sale or contract.to sell, mortgage or lien made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer, mortgagee, beneficiary, or person contracting to pur- chase or to accept a lien or mortgage, his heirs, personal representatives.or trustees in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed vT Ta rr, ~tvra, or tale-.or contract agreeing thereto. Section 9403. Issuance of Permits. No building permit or license to occupy or use shall be issued for a building, structure, use or construction on any property where a portion of the property has been sold or divided in violation of this chapter.. This chapter does not apply to property legally sub- divided prior to the effective date of the enactment hereof, or to property finally approved for subdivision by the Planning Commission (or by the Council in the event of an appeal to the Council) and finally Com- pleted within one year from the date of such final approval. Section 9404. Penalty. Violation of this chapter which;is not also prohibited by the Subdivision Map Act or by any other statute of the State of California, is a misdemeanor, punishable by a fine. of not more than five hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment! Section 9405. Application. An application for approval for•,the subdividing of property into four or fewer pardels shall be filed with the Planning Commission oftthe City of Rosemead upon such forms, and accompanied by such data, as may be required by the said Commission. Section 9406. Tentative Maps. Persons applying for approval hereunder shall file at least twelve tentative plot plads or maps, drawn to scale, showing the size, dimensions, elevations, and location of the property, the size, dimension and construction, and relative location of existing or proposed improvements thereon, (including, without limitation, streets, alleys, driveways, and parking areas), and the proposed division thereof. Section 9407. Identity of Subdivider. . When a tentative map is submitted the Planning Commission may require the subdivider to show any of the following: (a) That he is the owner of the property shown on the map as proposed for subdivision. (b) That he has an option or contract to purchase the property or that portion of which he is not the owner. (c) That he does not own or have any option or contract to purchase any contiguous or adjacent property. . Section 9408. Filing Fees. Each application shall be accompanied by such filing fee as the City Administrator may determine, from time to time, is adequate to pay the cost of processing the same. A current schedule of filing fees shall be maintained at all times in the office of the City Clerk and shall be available for public inspection during office hours. Section 9409. Action on Tentative Map. Upon the filing of an application as herein provided, the Secretary of the Planning Commission shall place the matter on the agenda of the Planning Commission for consideration and hearing at the first convenient date. At the time set therefor, the Planning Commission shall give any interested party who appears and so requests, an opportunity to be heard on whether or not the tentative map should be approved or modified. At the conclusion of the hearing on the application, the Planning Commission may approve, conditionally approve, or disapprove the tentative map or require the modification thereof. - 2 - Section 94101 Standards for Approval. The Planning Commission may approve or conditionally approve the subdividing of property into four or fewer parcels as shown on the tentative map if it finds that: (a) The proposed division will not be materially de- trimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; (b) The proposed division will not be contrary to any official plan adopted by the City Council of the City of Rosemead; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder; (c) Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City of Rosemead; and (d) All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and • driveways are of sufficient width, design and con- struction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. Section 9411. Appeal. The action of the Planning Commission approving, con- ditionally approving, disapproving or modifying the tentative map showing the proposed subdividing of property into four or fewer parcels hereunder shall be final fifteen days after written notice of its decision has been mailed to the applicant, unless an appeal has been filed with the City Council. Such appeal shall be accompanied by a fee of $50.00. Upon the consider- ation of such appeal, the City Council may affirm, mofify or reverse the decision of the Planning Commission or refer the matter back to the Planning Commission with or without instructions for further processing. Section 9412. Time Limit for Preparation and Filing o Final Map. Within one year after approval or conditional approval of the tentative map, the property may be surveyed and a final map rpay be prepared in accordance with the tentative map as approved. Any failure to comply with any condition imposed in connection with the approval of a tentative map and to file a final map conforming to the requirements of this ordinance, within one year from the approval or conditional approval of the tentative map shall void all proceedings hereunder and shall have the effect of a final disapproval of the proposed subdividing of the property. Section 9413. Final Map Requirements. (a) A final map shall show: (I) Title of map and name and legal designation of tract or grant in which survey is located and ties to adjoining tracts. - 3 - (2) All monuments found,- set, reset, replaced or removed, describing their kind, size and location, giving other data relating thereto. Monuments shall be set for all new lines created by the lot split. (3) Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map. (4) Signature and license or registration number of the licensed surveyor or architect or registered civil engineer who preparec the same, together with his address and telephone number. (5) Date of survey. (6) Certificate of surveyor, architect or civil engineer that the map is technically correct and mathematically close. (7) Improvements in place on the property or in the street adjacent to the property. (8) Sanitary sewer connections which are available. (9) The approximate area of each parcel. (10) The designation of each parcel as parcel "A", parcel "B", etc., or parcel "I", parcel 11211, etc. (II) Drainage channels. (12) All easements of record. (13) Name of person for whom survey was made. x(14) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown, including topographic information when required by the Planning Commission. • (b) The final map shall be a map, legibly drawn in black waterproof India ink on tracing cloth, size eighteen by twenty-six inches. A one-inch blank margin shall be left at each edge. (c) At the time of acting upon a tentative map, or at any time prior to the filing of the final map, the Planning Commission (or the Council in the event of an appeal to the Council) may waive or modify any of the requirements of this section 9413, if it finds that such action is necessary to avoid practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this chapter, and that such waiver or modification will not be contrary to the objectives of this chapter. Section 9414. Action on Final Map. When all requirements of the Planning Commission (or the Council in the case of an appeal to the Council) made as a condition of approval as authorized by this chapter have been met, the Planning Commission shall approve the final map and the property may then be subdivided. Failure to complete such subdivision q0 - 4 - within one year from date of last approval of the final map, or within such longer period as the Planning Commission (or the Council in case of an appeal) shall fix at the time of such approval, shall void all pro- ceedings hereunder and shall have the effect of a final disapproval of the proposed final map. Section 2. This chapter shall become operative from and after t e I tT day of May, at 12:01 a.m., P.S.T. 1961. PASSED, APPROVED AND ADOPTED this Ilth day of April, AYES: NOES: ABSENT: MAYOR OF T GITY F ROSEMEAD ATTEST: CITY CLERK 0 -5