HomeMy WebLinkAbout1616
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ORDINANCE NO, 1616
AN ORDINANCE OF THE CITY OF ARCADIA REPEAL-
ING CHAPTER 1 "SUBDIVISION REGULATIONS" OF
ARTICLE IX OF THE ARCADIA MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 1 OF ARTICLE IX
OF THE ARCADIA MUNICIPAL CODE ENTITLED "SUB-
DIVISION CODE"
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 1, "Subdivision Regulations",
of Article IX of the Arcadia Municipal Code is hereby repealed,
SECTION 2, That there is hereby added to Article IX
of the Arcadia Municipal Code a new Chapter 1 entitled "Sub-
division Code", to read as follows:
"ARTICLE IX.
CHAPTER 1.
PART 1.
DIVISION 1.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
GENERAL
9111.1. PURPOSE, The purpose of this chapter, and any rules,
regulations and specifications adopted pursuant thereof, is to
control and regulate the division of land and to promote the
conservation, stabilization, and protection of property values
through orderly growth and development, the provision of neces-
sary public and private facilities, and generally, the public
health, safety, and general welfare within the City and such
lands as may be annexed orare proposed to be knnexed to the City.
9111.2. AUTHORITY. This chapter and the various sections
thereof are supplemental to and are enacted pursuant to Section
11 of Article IX of the Constitution of the State of California,
the Charter of the City and the statutes of the State including
but not limited to ~ivision 2, Title 7 of the Government Code of
the State of California, hereinafter referred to as the "Sub-
division Map Act".
9111.3. REFERENCES TO OTHER LAWS OR REGULATIONS, Whenever
reference is made to a law or regulation of
State of California, such reference applies
this City or the
to the requirements of
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the law or regulation applicable on the date of final action on
a tentative map or tentative parcel map and to the provisions of
variances and permits granted pursuant to such ordinances or
statutes.
9111. 4. CITATION. This chapter may be cited as the "Subdi vi-
sion Code of the City of Arcadia, California" or for purposes of
brevity "Subdivision Code".
9111.5. COMPLIANCE.
(a) No person shall offer to sell or lease, to contract to sell
or lease, to sellar lease, or to finance, encumber, hypothecate,
acquire interest in or lien upon a portion of, but less than, an
entire lot as the term "lot" is defined in this Chapter or air-
space of real property or to commence construction of any building
for sale, lease or financing thereon, or
to allow occupancy thereof, for which a final or parcel map is
required by this Code, until such map thereof in full compliance
with the provisions of this Chapter has been filed for record by
the County Recorder of Los Angeles County or unless approved in
any other manner as it is allowed to be approved by this Chapter.
(b) A Tentative Map or a Tentative Parcel Map shall be required
for the processing of the division of any air space or any improved
or unimproved land.
(c) The filing of a final map or parcel map on which appears the
words "DIVISION OF LAND FOR LEASE ONLY" authorizes the leasing of
any lot shown on such map. A person shall not sell, finance or
transfer title to any lot shown on such maps, or offer to do so,
or contract to do so, unless the transaction would be in full com-
pliance with the provisions of this chapter and the Subdivision
Map Act had such final map or parcel map not been filed.
9111.6 CONDOMINIUM SUBDIVISION. A Tentative Map or Tentative
Parcel Map for a condominium or community apartment project shall
not be approved unless at the time of approval it appears that
the project complies or will comply with the then existing building
codes and zoning regulations and all other regulations of the
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Arcadia Municipal Code, and unless a condition is imposed that
a building permit shall not be issued and a Final Map or Parcel
Map shall not be approved for the project unless it so complies;
provided that where minor variations from code requirements
exist with respect to the proposed conversion of an existing
structure to a condominium or community apartment and full com-
pliance with code requirements presents practical difficulties,
after report of the Planning Commission, the City Council may
waive full compliance and approve the Tentative Map or Tentative
Parcel Map with said condition appropriately modified upon making
a finding that the project substantially conforms with the appli-
cable codes and regulations and that the minor variations will
not prevent conformance with the intent and purpose of said codes
and regulations.
9111.7 MERGER OF PARCELS. If anyone of two or more contiguous
parcels or units of land which are held by the same owner have been
created under the provisions of the Subdivision Map Act or any
prior law regulating the division of land or a City ordinance per-
taining thereto or were not subject to such provisions at the time
of their creation, does not conform to standards for minimum parcel
size to permit use or development under a zoning, subdivision or
other ordinance of the City and at least one of such con-
tiguous parcels or units is not developed with a building for which
a permit has been issued by the City or which was built prior to
the time such permits were required by the City, then such parcels
shall be merged for the purposes of this Chapter.
Whenever real property has merged pursuant to the Subdivision Map
Act or this Chapter, the City shall cause to be filed for record
with the recorder of the county in which the real property is lo-
cated, a notice of such merger specifying the names of the record
owners and particularly describing the real property, provided that,
at least 30 days prior to the 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 to record the notice and specifying a
time, date and place at which the owner may present evidence to the
City Council why such notice should not be recorded.
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ARTICLE IX.
CHAPTER 1.
PART 1.
DIVISION 2.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
DEFINITIONS
9112. DEFINITIONS. As used in this Chapter, and when used in
a context referring to a subdivision in the Arcadia Municipal Code,
the following words or phrases shall have the meaning spe~ified.
9112.1. ADVISORY AGENCY. The Planning Commission of the City
of Arcadia is designated as the "Advisory Agency" as that term is
used in the Subdivision Map Act in matters for which a final map
is required, and shall have all of the powers and duties granted
,or imposed by said "Subdivision Map Act" except as assigned to the
City Council by this Chapter. As to matters for which a parcel
map is required or otherwise, the Planning Commission shall have
and exercise such powers and duties granted by this Chapter.
9112.2. APPEAL BOARD. Appeal Board shall mean the City Council
of the City of Arcadia.
9112.3. CITY. City shall mean the City of Arcadia.
9112.4. CITY CLERK. City Clerk shall mean the City Clerk of
the City of Arcadia.
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9112.5. CITY COUNCIL. City Council shall mean the City
Council of the City of Arcadia.
9112.6. CITY ENGINEER. City Engineer shall mean the City
Engineer of the City of Arcadia.
9112.7. PLANNING COMMISSION. Planning Commission shall
mean the Planning Commission of the City of Arcadia.
9112.8. COUNTY CLERK. County Clerk shall mean the Los
Angeles County Clerk.
9112.9. COUNTY ENGINEER. County Engineer shall mean the
Los,Angeles County Engineer.
9112.10, COUNTY RECORDER. County Recorder shall mean the
Los Angeles County Recorder.
9112.11. DEDICATION. Dedication shall mean the grant of
real property for public use.
9112.12. DESIGN. Design means: (1) street alignments,
grades and widths; (2) drainage and sanitary facilities and
utilities, including alignments and grades thereof; (3) loca-
tion and size of all required casements and rights-of-way;
(4) fire roads and firebreaks; (5) lot size and configuration;
(6) traffic access; (7) grading; (8) land to be dedicated for
park or recreational purposes; and (9) such other specific re-
quirements in the plan and configuration of the entire subdivi-
sion as may, be necessary or convenient to insure conformity to
or implementation of the general plan of the City or any specific
plan of the City.
9112.13. DIRECTOR OF PLANNING. Director of Planning shall
mean the Director of Planning of the City of Arcadia.
9112.14. DIVISION OF LAND. Division of Land shall mean any
parcel or contiguous parcels of land, improved or unimproved,
~hich are divided for the purpose of transfer of title, sale,
lease or financing, whether immediate or future, into two or
more parcels or'the consolidation of separate parcels of land
or a condominium project, as defined in Civil Code Section 1350,
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Professions Code Section 11004. Any conveyance of land to a govern-
mental agency, public entity or public utility shall not be con-
sidered a division of land for the purposes of computing the number
of parcels under this Chapter. Division of Land shall not mean
land dedicated for cemetery purposes under the Health and Safety
Code of the State of California or the leasing or financing of
apartments, offices, stores, or similar space within an apartment
building, an industrial building, a commercial building, mobile
home park, or trailer park or division of mineral, oil, or gas lease.
9112.15. DRAINAGE FACILITY. Drainage facility shall mean
any drainage device or structure which may be used to' control or
direct the flow of water or alleviate flood hazard, including but
not limited to berms, channels, culverts, curbs, ditches, gutters,
pavement, pumps and pipes.
9112.16. FINAL MAP. Final Map shall mean a map of a proposed
division of land prepared in accordance with the provisions of this
chapter and Section 66433 et al of the Subdivision Map Act and in a
manner to be filed in the office of the County Recorder.
9112.17. FLOOD HAZARD. Flood hazard shall mean a potential
danger to life, land, or improvements due to inundation or storm
water runoff having sufficient velocity to transport or deposit
debris, scour the surface soil, dislodge or damage structures, or
erode the banks of water courses.
9112.18. FRONTAGE. Frontage shall mean that portion of a lot
or parcel which abuts a public or private street or highway to which
the lot or parcel has the right of access.
9112.19. FRONT SETBACK LINE. Front Setback Line shall mean
a line parallel to the front lot line at a point established as the
setback minimum for subject property.
9112.20. FUTURE STREET OR ALLEY. Future street or alley shall
mean a street or alley which is necessary for the future division
of land within a division of land or for the development of adjacent
properties and which is offered for public use at an indeterminate
future time when the City Council determines that the acceptance and
construction of such street or alley is warranted.
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9112.21. GEOLOGIC HAZARD. Geologic hazard shall mean a
hazard inherent in the earth or artifically created, which is
dangerous or potentially dangerous to life, property, or im-
provements due to the movement, failure, or shifting of earth.
9112.22. GENERAL PLAN. General Plan shall mean the General
Plan of the City of Arcadia including the elements thereof
adopted pursuant to the provisions of Chapter 3, Title 7, Govern~
ment Code of the State of California.
9112.23, GOVERNMENT CODE. Government Code shall mean the
Government Code of the State of California.
9112.24. HIGHWAY. Highway shall mean a thoroughfare of
primary importance in the City or State ~ighway system, other
than a freeway, which is shown on the Circulation Element of
the General Plan as a Major Arterial.
9112.25. IMPROVEMENTS. Improvements shall mean such street
work and utilities to be installed, or agreed to be installed,
by the subdivider on the land to be used for public or private
streets, highways, ways, 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 thereof. Im-
provement also refers to such other specific improvements or
types of improvements, the installation of which, either by the
subdivider, by public agencies, by private utilities, by 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 of the City or any specific
plan of the City.
9112.26, LEASE. Lease shall mean an oral or written agree-
ment or contract, tenancy at will, month-to-month, or similar
tenancy.
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9112.27. LOCAL AGENCY. Local Agency shall mean the City
of Arcadia.
9112.28. LOCAL ORDINANCE. Local Ordinance shall mean the.
ordinances of the City of Arcadia.
9112.29. LOT_ Lot shall mean a parcel of real property as
defined in any of the following subsections.
9112.29.1. A parcel of real property as shown as a single
delineated parcel of land with a number or other designation on
a plat recorded in the office of the County Recorder.
9112.29.2. An area or parcel of land used or capable of being
used for a building with yards or other open spaces required by
this Article, provided such area or parcel contains not less than
the prescribed number of square feet required in the zone in which
such parcel is located; and provided that each such parcel has
permanent, legal access to a public street.
9112.29.3. A parcel of land other than such described in sub-
section 9112.29.1 hereof held under separate ownership prior to
the date of June 28, 1940 and containing less than the prescribed
minimum area and having permanent legal access to a public street.
9ll2. 29.4. The term "Parcel" shall be interchangeable with the
term "Lot".
9112.29:5. For purposes of this Chapter, contiguous parcels of
land where buildings or structures cross lot lines
9112.29.6. For purposes of this Chapter, contiguous parcels of
land where water or sewer lines cross lot lines or where one lot
is dependent upon the other lot for utility service.
9112.30. LOT AREA. Lot area shall mean the total area measured
in a horizontal plane, included within the lot lines of a lot or
parcel of la'nd.
9112.31. LOT DEPTH. Lot depth shall mean the distance between
the front and rear lot lines measured in the mean direction of the
side lot lines and measured in a horizontal plane.
9l12.32. LOT LINE, FRONT. The front lot line shall mean the
property line separating an interior lot from a street or highway,
or the property line separating the narrower street frontage of
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a corner lot from a street or highway. A lot shall have only
one such lot line.
9112.33. LOT LINE, REAR. The rear lot line shall mean any
lot line which is not adjacent to and which does not intersect
the front lot line.
9112.34. LOT LINE, SIDE. The side lot line shall mean any
lot line which is adjacent to and intersects the front lot line.
9112.35. LOT WIDTH. Lot width shall mean the distances
between the side lot lines measured in a horizontal plane.
9112.36. LOT ON CUL-DE-SAC TERMINUS. Lot on cul-de-sac
terminus shall mean a lot which has at least 50 percent of its
front lot line coterminus with the required diameter turn around.
9112.37. ORNAMENTAL STREET LIGHTING. Ornamental Street
Lighting shall mean a system of street lighting composed of indi-
vidual free-standing light standards.
9112.38. PARCEL MAP. Parcel Map shall mean a map showing
the division of land into four or less parcels prepared in ac-
cordance with the provisions of the Subdivision.Map Act and this
chapter, which map is designed in a manner to be filed or to be
placed on record in the office of the County Recorder.
9112.39. PERSON. Person shall mean and include any indivi-
dual, firm, partnership, joint venture, association, organization,
corporation, estate, trust, received, syndicate, joint stock
company, club, business trust, or any other entity, or the auth-
orized agent thereof, and every city, county, state, federal,
governmental, political, public or qusi-public unit, body, agency,
district or entity.
9112.40. SECTION.. Section shall mean a section of this chapter
unless otherwise specified.
9112.41. SHALL-MAY. "Shall" is mandatory; "May" is permissive.
9112.42. SPECIAL STUDY ZONE. Special Study Zone shall mean
the area delineated on the Alquist-Priolo Special Studies Zones
Map of the State Geologist adopted by the City of Arcadia by the
provisions of Article III, Chapter 7 of the Arcadia Municipal Code.
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9112.43. STREET. Street shall mean all streets, highways,
avenues, lanes, alleys, courts, places, squares, sidewalks,
parkways, curbs or other public ways in the City which have
been or may hereafter be dedicated and open to public use, or
such other public property so designated in any law of the State.
9112.44. SUBDIVIDER. Subdivider shall mean any person who
causes real property to be divided into a division of land for
himself or for others or who submits a tentative, ,final, or
parcel map for approval, except that employees and consultants
of such persons, acting in such capacity, are not "Subdividers".
9112.45. SUBDIVISION. Subdivision shall mean the division of
land shown on the latest equalized county assessment roll as a
unit or as continuous units. ·
9112.46. SUBDIVISION MAP ACT. Subdivision Map Act shall mean
the Subdivision Map Act of the Government Code of the State of
California.
9112.47. TENTATIVE MAP. Tentative Map shall mean a map pre-
pared in accordance with the provisions of this Chapter and the
Subdivision Map Act for the purposes of showing a proposed division
of land into five (5) or more Parcels.
9112.48. TENTATIVE PARCEL MAP. Tentative Parcel Map shall
mean a map prepared in accordance with the provisions of this
Chapter and the Subdivision Map Act for the purpose of showing a
proposed division of land into four (4) or less parcels.
ARTICLE IX. DIVISION AND USE OF LAND
CHAPTER 1. SUBDIVISION CODE
PART 1. SUBDIVISION OF PROPERTY
DIVISION 3. DESIGN OF LOTS
9113.1. GENERAL.
(a) No lot shall be divided by a City boundary line.
(b) If a proposed lot is in more than one zone classification,
then the lot area, width and depth of said lot shall meet the
minimum requirements of the most restrictive zone classification,
(c) The lot area, width and depth requirements shall not apply
to any lot which the subdivider offers to deed or dedicate to
the public.
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(d) Easements intended for vehicular access and ~arkways required
by the City shill not be included in ~h~ determination of lot area,
width or depth.
9113.2. LOT AREA. Each lot in a subdivision shall have a
minimum lot area in compliance with the following table:
ZONE MINIMUM LOT AREA
R-M 15,000 square feet
R-O 30,000 30,000 square feet
R-O '22,000 22,000 square feet
R-O 15,000 15,000 square feet
R-O 12,500 12,500 square feet
R-l 12,500 12,500 square feet
R-l 10,000 10,000 square feet
R-l 7,500 7,500 square feet
R-2 7,500 square feet
R-3 10,000 square feet
9113.3. LOT WIDTH AT THE FRONT PROPERTY LINE. Each lot in
a subdivision shall have a minimum lot width measured along the
front property line in compliance with the following table:
ZONE
MINIMUM LOT WIDTH
MINIMUM LOT WIDTH
FOR LOTS ON CUL-DE-
SAC TERMINUS
44 feet
57 feet
57 feet
R-M 100 feet
R-O 30,000 100 feet
R-O 22,000 100 feet
R-O 15,000 100 feet
R-O 12,500 100 feet
R-l 12,500 75 feet
R-l 10,000 75 feet
R-l 7,500 75 feet
R-2 75 feet
R-3 100 feet
57 feet
57 feet
44 feet
44 feet
44 feet
44 feet
57 feet
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9113.4. LOT WIDTH AT THE FRONT SETBACK LINE. Each lot in
a subdivision shall have a minimum lot width measured along
the required front setback line in compliance with the follow-
ing table:
ZONE MINIMUM LOT WIDTH AT FRONT
SETBACK LINE
R-M 75 feet
R-O 30,000 100 feet
R-O 22,000 100 feet
R-O 15,000 100 feet
R-O 12,500 100 feet
R-l 12,500 75 feet
R-l 10,000 75 feet
R-l 7,500 75 feet
R-2 75 feet
R-3 100 feet
9113.5. LOT DEPTH. Each lot in a subdivision shall have a
minimum lot depth of 100 feet.
9113.6. MODIFICATIONS. The City Council, upon recommenda-
tion of the Planning Commission, in the exercise of sound
reasonable judgment after proof of necessity therefor has been
presented and after a finding by a majority of the members of
the Council entered on the Council minutes that a modification
to the requirements of this Division is necessary by reason of
the size, shape, topography, or other conditions of the property
within the subdivision or of adjacent property, may, by majority
,
vote grant such modifications to this Division as are not pro-
hibited by the Subdivision Map Act, and as are not inconsistent
with the General Plan.
ARTICLE IX.
CHAPTER 1 .
PART 1.
DIVISION 4.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
DESIGN OF STREETS
9114.1. ALIGNMENT.
(a) The alignment of streets shall be such as to provide the
required frontage for each lot in the proposed subdivision and,
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where necessary, to provide for the future development of ad-
o
jacent properties.
(b) Streets shall intersect with other streets and highways as
nearly at a right angle as practicable.
(c) Centerline jogs of 150 feet or more shall be avoided wher-
ever practicable.
(d) On any street, no centerline curve radius of less than 200
feet shall be provided.
9114.2. RIGHT OF WAY AND ROADWAY WIDTHS.
(a) Streets and alleys shall have minimum right of way and
roadway widths as shown in the following cross sections; alterna-
tive cross sections may be used where existing improvement
patterns or neighborhood design warrants and the City Council so
finds.
Drawings:
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1616
(b) Where streets terminate in a cul-de-sac, the terminus
of said street shall have a circular turn-around with a mini-
mum diameter of eighty (80) feet between right-of-way lines.
(c) No cul-de~sac street or deadend street shall extend a
distance more than 500 feet from an existing access to and
from a through street.
(d) In the interest of good planning and the orderly develop-
ment of the City, the City Council may, at its discretion,
permit variations of the above minimum cul-de-sac right-of-way
width, length and alignment, provided that good cause therefor
shall have been shown.
9114.3. INTERSECTIONS.
(a) Where one or both intersecting streets serve residential
development, their intersecting right-of-way lines shall be
rounded with a curve having a radius of 15 feet, unless otherwise
determined by the City Engineer.
(b) Where one or both intersecting streets serve commercial or
industrial development, their intersecting right-of-way lines
shall be rounded with a curve having a radius of 25 feet, unless
otherwise determined by the City Engineer.
(c) Where two alleys intersect, a cutoff of not less than 10
feet at the intersection of the right-of-way lines shall be
provided.
9114.4. GRADES. No street shall have a grade of less than
four tenths (.4) of one percent nor more than ten (10) percent
except where the City Council, upon the advice of the City
Engineer,' determines a variance to the grade limitations is
appropriate.
9114.5. ALLEYS. The City Council may require that an alley
be provided at the rear of lots which are intended for multiple
family residential, commercial or industrial use,
9114.6. FUTURE STREETS AND ALLEYS. The City Council may
require that future streets and alleys be provided for the
future division of lots shown on the Tentative Map or Tentative
Parcel Map and for the development of adjoining property.
,
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9114.7. MODIFICATIONS. The City Coun~il, upon.recommenda-
tion of the Planning Commission, in the exercise of sound
reasonable judgment after proof of necessity therefor has been
presented and after a finding by a majority of the members of
the Council entered on the Council minutes that a modification
to the requirements of this Division is necessary by reason of
the size, shape, topography, or other conditions of the property
within the subdivision or of adjacent property, may, by majority
vote grant such modifications to this Division as are not pro-
hibited by the Subdivision Map Act, and as are not inconsistent
with the General Plan.
ARTICLE IX.
CHAPTER I .
PART 1.
DIVISION 5.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
TENTATIVE MAPS
9115.1. GENERAL.
(a) A Tentative Map shall be prepared and processed in accord-
ance with this Chapter for all proposed divisions of land result-
ing in 5 or more parcels, 5 or more condominiums, or 5 or more
community apartment project parcels.
(b) A Tentative Map shall be prepared by or under the direction
of a Registered Civil Engineer or a Licensed Land Surveyor.
9115.2. FILING.
(a) A Tentative Map shall be filed with the Director of Planning
by one or more record owners of property or their authorized
agents.
(b) The Tentative Map may be for land located either within the
City or within the unincorporated territory adjacent to the City.
If a Tentative Map within the unincorporated territory adjacent
to the City is approved, such approval shall be conditioned upon
annexation of the property to the City within a time specified
and such approval shall not be effective until annexation of such
property to the City has been completed.
(c) In order for a Tentative Map to be considered as "filed",
all information required by the Director of Planning must be com-
plete and accepted by the Director of Planning.
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(d). In the event that the Director of Planning determines that
additional information is required for the preparation of environ-
mental documents which are required pursuant to the provisions
of the Californda Environmental Quality Act and the State Guide-
lines, the Tentative Map shall not be deemed filed until the
additional information has been provided.
(e) In the event that the Director of Planning determines that
an Environmental Impact Report is required, the filing of the
application for the tentative map shall not be deemed "filed"
until the draft of said report has been prepared.
9115.3. FILING FEE. A filing fee of $125, plus $10 for each
lot or unit or $50 per acre, whichever is greater, shall be paid
to the City at the time of filing the Tentative Map.
9115.4 SCHEDULING OF THE PUBLIC HEARING. Upon the filing
of a Tentative Map pursuant to this Chapter, the Director of
Planning shall fix a time and place for a public hearing thereon,
to be held not less than 10 days or more than 50 days after such
filing.
9115.5. NOTICE OF THE PUBLIC HEARING.
(a) Not less than 10 days before the date of the public hearing,
notice thereof shall be given by publication once in a newspaper
of general circulation printed and published in the county and
circulated in the City. Such notice shall set forth the filing
of the proposed subdivision, the location of the property included
in the proposed subdivision, and the time and place of the public
hearing thereon.
(b) Not less than 10 days b.efore the date of the public hearing,
notice thereof shall be given by mailing, postage prepaid, to
the owners, as shown on the last available equalized assessment
roll or ownerShip records of the City Clerk of 'property within
300 feet of all lots any portion of which is included within the
boundaries of the proposed subdivision. Such notice shall set
forth the filing of the proposed subdivision, the location of
the property included in the proposed subdivision, and the time
and place of the public hearing thereon. No error or omission
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or failure of any person to receive notice as provided in this
section shall affect the validity of any action taken under
this Chapter.
9115.6. PLANNING COMMISSION ACTION.
(a) Action on the Tentative Map shall b~ taken by the Planning
Commission and the Commission's report filed with the City Council
within fifty (50) days after the Tentative Map is "filed" as
defined in Section 9115.2. This time limitation may be extended
from time to time upon the mutual consent of the Planning Com-
mission and the subdivider.
9115.7. CITY COUNCIL ACTION. At the first regular meeting
of the City Council, following the filing of the Planning Com-
mission's recommendation, the City Council shall set the meeting
date at which the Tentative Map will be considered by it, which
date shall be within 30 days thereafter and the City Council
shall approve, conditionally approve or deny the Tentative Map
within such 30-day period. This time limitation may be extended
from time to time upon the mutual consent of the City Council
and the Subdivider.
9115.8. FINDINGS.
(a) A Tentative Map shall be denied if any of the following
findings are made:
1. That the proposed map is not consistent with applicable
general and specific plans.
2. That the design or improvement of the proposed sub-
division is not consistent with applicable general and specific
plans.
3. That the site is not physically suitable for the type
of development.
4. That the site is not physically suitable for the density
of development.
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5. That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat,
6. That the design of the subdivision or the type of
improvements is likely to cause serious public health problems.
7. That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the
.public at large, for access through or use of, property within
the proposed subdivision. In this connection, the City Council
may approve a map if it finds that alternate easements, for
access or for use, will be provided, and that these will be sub-
stantially equivalent to ones previously acquired by the public.
This subsection shall apply only to easements of record or to
easements established by jUdgment of a court of competent juris-
diction and no authority is hereby granted to a City Council to
determine that the pUblic at large has acquired easements for
access through or use of property within the proposed subdivision.
(b) A Tentative Map may be denied if the City Council finds that
the proposed waste discharge would result in or add to violation
of requirements of a California regional water quality control
board.
(c) If a Tentative Map is to be approved or conditionally ap-
proved, the City Council shall make the following findings:
I. That the proposed subdivision, together with the pro-
visions for its design and improvement, is consistent with the
City's General Plan.
2. That the discharge of waste from the proposed subdivi-
sion into the community sewer system will not violate existing
requirements prescribed by a California regional water quality
control board.
9115.9. APPEAL.
(a) The subdivider or any interested person may appeal from any
action of the Planning Commission with respect to a Tentative
Map to the City Council.
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(b) Any such appeal shall be filed with the City Clerk within
15 days after the action of the Planning Commission from which
the appeal is being taken.
(c) An appeal.fee of $25 shall be paid to the City at the time
of filing an appeal, by the person making such appeal.
(d) Upon the filing of an appeal, the City Council shall set
the matter for a public hearing. Such hearing shall be held
within 30 days after the date of filing the appeal.
(e) Such hearing shall be noticed as set forth in Section 9115.5.
(f) Within 10 days following the conclusion of the public hear-
ing, the City Council shall render its decision on the appeal.
It may sustain, modify, or reject any recommendation of the
Planning Commission and may make such findings as are not incon-
sistent with the provisions of this chapter or the Subdivision
Map Act.
9115.10. MODIFICATIONS TO THE TENTATIVE MAP. Modifications
to the submitted Tentative Map may be made by the subdivider dur-
ing the review and hearing process upon the approval of the
Director of Planning or the Planning Commission. A Tentative
Map modified prior to action. by the Planning Commission need not
be renoticed for public hearing. If a Tentative Map has been
appealed to the City Council, that map shall not be modified and
approved without. first receiving a report from the Planning Com-
mission. Once a Tentative Map is approved, it shall not be
altered without first obtaining a determination of "substantial
conformity" to the approved Tentative Map from the City Council.
9115.11. EXPIRATION. An approved or conditionally approved
Tentative Map shall expire twelve (12) months after its approval
or conditional approval. The expiration of the Tentative Map
shall terminate all proceedings and no Final Map of all or any
portion of the real property included within such Tentative Map
shall be filed without first processing a new Tentative Map.
9115.12. EXTENSION. Upon application of the subdivider,
filed prior to the expiration of the approved or conditionally
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approved Tentative Map, the time at which such map expires may
be extended by the City Council for a period or periods not
exceeding a total of eighteen (IS) months beyond ,the initial
expiration day~
9115.13. ADDITIONAL CONDITIONS. At the time of considera-
tion of extensions, the City Council may impose any additional
conditions as it deems reasonable and appropriate to the Tenta-
tive Map.
9115.14. TENTATIVE MAP CONTENTS. The Tentative Map shall
include but not be limited to the following information:
(a) Tract number.
(b) Legal description of the tract boundaries.
(c) Names, addresses and phone numbers of the record owner,
developer, and Registered Civil Engineer or Licensed Land Sur-
veyor preparing the map.
(d) North arrow, map scale, total area of the property, and
date.
(e) The width and approximate locations of all easements, both
existing and proposed, within or contiguous to the property.
(f) The street names of all existing highways and streets within
or contiguous to the property.
(g) The locations, widths, and approximate grades of all proposed
and existing highways, streets, alleys, pedestrian ways, eques-
trian trails within or contiguous to the property.
(h) The approximate radius of curvature of all proposed and
existing centerline curves of streets, highways and alleys.
(i) The lettered name of all proposed streets and highways.
(j) The lot layout and approximate dimensions of each lot. A
lot number shall be assigned to each lot.
(k) The location of all areas subject to inundation or flood
hazard and a fiood hazard report from the Los Angeles County Flood
Control District.
(1) The location of all areas within the Special Study Zone.
(m) The location of all existing structures and trees with a
diameter 6 inches or larger.
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(n) The approximate location, and size of proposed public
utilities.
(0) The invert elevations of existing sewers and storm drain
facilities at proposed points of connection.
(p) Contour lines of existing terrain.
(q) Proposed grading operations and pad elevations.
(r) Proposed protective covenants regarding use of property
and building lines.
(s) Proposed street tree planting.
(t) Proposed public areas.
(u) Existing use and ownership of property immediately surround-
ing the subdivision.
(v) Any of the foregoing required information which'is impossible
or impractical to place upon the Tentative Map shall be submitted
in writing with the map.
ARTICLE IX.
CHAPTER I.
PART I.
DIVISION 6.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
FINAL MAPS
91l6.1. GENERAL.
(a) After the approval or conditional approval of a Tentative Map
and prior to its expiration, the subdivider shall cause the real
property included within the map, or any part thereof, to be sur-
veyed and a Final Map thereof prepared in accordance with the
approved or conditionally approved Tentative Map.
(b) Final Maps shall be prepared in accordance with the require-
ments of this Chapter and the Subdivision Map Act.
(c) Final Maps shall be prepared by or under the direction of a
Registered Civil Engineer or Licensed Land Surveyor.
9l16.2. FILING. A Final Map conforming to the approved or
conditionally approved Tentative Map shall be filed with the
Director of Planning after all required certificates on such map
have been signed and, where necessary, acknowledged.
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91l6.3. CITY COUNCIL ACTION. The City Council, within a
period of 10 days after the filing of the Final Map for ap-
proval or at its next regular meeting after the meeting at
which it receiv€s the map, whichever is later, shall:
(a) Approve the Final Map if it conforms to all the require-
ments of this Chapter and the Subdivision Map Act applicable
at the time of approval or conditional approval of the Tentative
Map and if it is in substantial compliance with the previously
approved Tentative Map.
(b) Disapprove the Final Map for failure to meet or perform
any of the requirements or conditions imposed by this Chapter
or any rulings made thereunder or the Subdivision Map Act; and
provided further that such disapproval shall be accompanied by
a finding identifying the requirements or conditions which have
not been met or performed, or disapprove the Final Map if it is
not in substantial compliance with the previously approved Tenta-
tive Map. The City Council may waive such disapproval when the
failure of the map is the result of a technical and inadvertent
error which, in the determination of the City Council, does not
materially affect the validity of the map.
9116.4. FINAL APPROVAL FEE. After approval of the Final Map
and prior to its recordation, there shall be paid to the City a
sum of $25 per lot for each lot in the subdivision.
9116.5. RECORDATION. After approval of the Final Map and
the payment of all fees required by the City, the subdivider shall
cause said map to be recorded in the office of the County Recorder.
ARTICLE IX. DIVISION AND USE OF LAND
CHAPTER 1. SUBDIVISION CODE
PART 1. SUBDIVISION OF PROPERTY
DIVISION 7. TENTATIVE PARCEL MAPS
v
9117.1. GENERAL. A Tentative Parcel.Map shall be prepared
and processed in accordance with this Chapter for all proposed
divisions of land resulting in 4 or less parc~ls, 4 or less con-
dominiums, or 4 or less community apartment project parcels.
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911 7.2.
PLANNING COMMISSION'S AUTHORITY.
is hereby authorized to approve,
deny Tentative Parcel Maps.
The Planning
condi tiona11y
Commission
approve or
9117.3. FILING.
(a) A Tentative Parcel Map may be filed with the Director of
Planning by one or more record owners of property or their
authorized agents.
(b) The Tentative Parcel Map may be for land located either
within the City or within the unincorporated territory adjacent
to the City. If a Tentative Parcel Map within the unincorporated
territory adjacent to the City is approved, such approval shall
be conditioned upon annexation of the property to the City within
a time specified and such approval shall not be effective until
annexation of such property to the City has been completed.
(c) In order for a Tentative Parcel Map to be considered as
"filed", all information required by the Director of Planning
must be complete and accepted by the Director of Planning.
(d) In the event that the Director of Planning determines that
additional information is required for the preparation of envir-
onmental documents which are required pursuant to the provisions
of the California Environmental Quality Act and the State Guide-
lines, the Tentative Map shall not be deemed filed until the
additional information has been provided.
(e) In the event that the Director of Planning determines that
an Environmental Impact Report is required, the filing of the
application for the Tentative Parcel Map shall not be deemed
filed until the draft of said report has been prepared.
9117.4. FILING FEE. A filing fee of $100 shall be paid to
the City at the time of filing the Tentative Parcel Map.
9117.5. SCHEDULING OF THE PUBLIC HEARING. Upon the filing
of a Tentative Parcel Map pursuant to this Chapter, the Director
of Planning shall fix a time and place for a public hearing
thereon, to be held not less than 10 days or more than 50 days
after such filing.
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9117.6. NOTICE OF THE PUBLIC HEARING.
(a) Not less than 10 days before the date of the public hear-
ing, notice thereof shall be given by publication once in a
newspaper of general circulation printed and published in the
county and circulated in the city. Such notice shall set forth
the filing of the proposed subdivision, the location of the
property included in the proposed subdivision, and the time and
place of the public hearing thereon.
(b) Not less-than 10 days before the date of the public hear-
ing, notice thereof shall be given by mailing, postage prepaid,
to the owners as shown on the last available equalized assess-
ment roll or ownership records of the City Clerk, of property
within 300 feet of all lots any portion of which is included
within the boundaries of the proposed subdivision. Such notice
shall set forth the filing of the proposed subdivision, the
location of the property included in the proposed subdivision,
and the time and place of the public hearing thereon. . No error
or omission or failure of any person to receive notice as pro-
vided in this section shall affect the validity of any action
taken under this Chapter.
9117.7. PLANNING COMMISSION ACTION. The Planning Commission
shall approve, conditionally approve or deny a Tentative Parcel
Map within 50 days after the Tentative Map is "filed" as defined
in Section 9117.3. This time limitation may be extended from
time to time upon the mutual consent of the Planning Commission
and the subdivider.
9117.8. FINDINGS.
(a) A Tentative Parcel Map shall be denied if any of the follow-
ing findings are made:
1. That the requested subdivision injuriously affects
the neighborhood wherein said lot is located.
2. That the requested subdivision adversely affects the
comprehensive general plan.
3. That adequate access to a public street is not available.
4. That any resultant parcel contains less area than re-
quired by any applicable provisions of Article IX of the Arcadia
Municipal Code.
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(b) A Tentative Parcel Map may be denied if the Planning Com-
mission finds that the proposed waste discharge would result in
or add to violation of requirements of a California regional
water quality control board.
(c) If a Tentative Parcel Map is approved or conditionally ap-
proved, the Planning Commission shall make the following findings:
1'. That the proposed subdivision together with the provisions
for its design and improvement is consistent with the City's
General Plan.
2. That the discharge of waste from the proposed subdivision
into the community sewer system will not violate existing require-
ments prescribed by a California regional water quality control
board.
(d) Fulfillment of construction requirements shall not be required
until such time as a permit or other grant of approval for develop-
ment of the parcel is issued by the City, or until such time as the
construction of such improvements is required pursuant to an agree-
ment between the subdivider and the City, except that in the absence
of such an agreement, the City may require fulfillment of such con-
struction requirements within a reasonable time following approval
of the Tentative Parcel Map and prior to the issuance of a permit
or other grant of approval for the development of a parcel upon a
finding by the City Engineer that fulfillment of the construction
requirement is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to
the orderly development of the surrounding area.
9117.9. APPEAL.
(a) The subdivider or any interested person may appeal from any
action of the Planning Commission. with respect to a Tentative
Parcel Map to the City Council.
(b) Any such appeal shall be filed with the City Clerk within
15 days after action of the Planning Commission from which the
appeal is being taken.
(c) An appeal fee of $25 shall be paid to the
of filing an appeal, by the person making such
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City at
appeal.
the time
1616
(d) Upon the filing of an appeal, the City Council shall set
the matter for a public hearing. Such hearing shall be held
within 30 days after the date of filing the appeal.
(e) Such hearing shall be noticed as set forth in 9117.6.
(f) Within 10 days following the conclusion of the public
hearing, the City Council shall render its decision on the
appeal. It may sustain, modify, or reject any recommendation
of the Planning Commission and may make such findings as are
not inconsistent with the provisions of this Chapter or the
Subdivision Map Act.
9117.10. MODIFICATIONS TO THE TENTATIVE PARCEL MAP. Modi-
fications to the submitted Tentative Parcel Map may be made by
the subdivider during the review and hearing process, upon the
approval of the Director of Planning or the Planning Commission.
A Tentative Parcel Map modified prior to action by the Planning
Commission need not be renoticed for public hearing. If a
Tentative Parcel Map has been appealed to the City Council, that
map shall not be modified and approved without first receiving
a report from the Planning Commission. Once a Tentative Parcel
Map is approved, it shall not be altered without first obtaining
a determination of "substantial conformity" to the approved
Tentative Parcel Map from the Planning Commission.
9l17.ll. EXPIRATION. An approved or conditionally approved
Tentative Parcel Map shall expire twelve (12) months after its
approval or conditional approval. The expiration of the Tenta-
tive Parcel Map shall terminate all proceedings and no Parcel
Map of all or any portion of the real property included within
such Tentative Parcel Map shall be filed without first processing
a new Tentative Parcel Map.
9117.12. EXTENSION. Upon application of the subdivider,
filed prior to the expiration of the approved or conditionally
approved Tentative Parcel Map, the time at which such map expires
may be extended by the Planning Commission for a period or periods
not exceeding a total of eighteen (18) months beyond the initial
expiration date.
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If the Planning Commission denies an application for extension,
the subdividermay appeal to the City Council within 15 days
after the Planning Commission has denied the extension.
9117.l3. A~DITIONAL CONDITIONS. At the time of considera-
tion of extensions, the Planning Commission may impose any
additional conditions as it deems reasonable and appropriate to
the Tentative Parcel Map.
9117.14. TENTATIVE PARCEL MAP CONTENTS. The Tentative Parcel
Map shall include but not be limited to the following information:
(a) Tentative Parcel Map number.
(b) Legal description of the parcel boundaries.
(c) Names, addresses and phone numbers of the record owner,
developer, and person preparing the map.
(d) North arrow, map scale, total area of the property and date.
(e) The width and approximate locations of all easements, both
existing and proposed, within or contiguous to the property.
(f) The street names of all existing highways and streets within
or contiguous to the property.
(g) The lettered name of all proposed streets
(h) The lot layout and approximate dimensions
lot number shall be assigned to each lot.
(i) The location of all areas subject to
hazard and a flood hazard report from the
and highways.
of each lot.
A
inundation or flood
Los Angeles County Flood
Control District.
(j) The location of all areas within the Special Study Zone.
(k) The location of all existing structures and trees with a
diameter 6" or larger,
(1) Any of the foregoing required information which is impossible
or impractical to place upon the Tentative Parcel Map shall be
submitted in writing with the map.
(m) Any of the foregoing required information may be waived by
the Director of Planning for Tentative Parcel Maps which do not
result in the creation of additional lots.
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ARTICLE IX.
CHAPTER 1.
PART I.
DIVISION 8.
DIVISION AND USE OF LAND
SUBDIVISION CODE
SUBDIVISION OF PROPERTY
PARCEL MAPS
9118.l. GENERAL.
(a) After the approval or condition~l approval of a Tentative
Parcel Map and prior to its expiration, the subdivider may
cause the real property included within the ma~, or any part
thereof, to be surveyed and a Parcel Map thereof prepared in
accordance with the approved or conditionally approved Tenta-
tive Parcel Map.
(b) Parcel Maps shall be prepared in accordance with the require-
ments of this Chapter and the Subdivision Map Act,
(c) Parcel Maps shall be prepared by or under the direction of
a Registered Civil Engineer or Licensed Land Surveyor.
9118.2. FILING. A Parcel Map conforming to the approved
or conditionally approved Tentative Parcel Map shall be filed
with the Director of Planning after all required certificates
on such map have been signed and, where necessary, acknowledged.
9118.3. CITY ACTION. The City shall,within a period of 15
days after the filing of the Parcel Map for approval:
(a) Approve the Parcel Map ,if it conforms to all the require-
ments of this Chapter and the Subdivision Map Act, applicable
at the time of approval or conditional approval of the Tenta-
tive Parcel Map, and if it is in substantial compliance with
the previously approved Tentative Map.
(b) Disapprove the Parcel Map for failure to meet or to perform
any of the requirements or conditions imposed by this Chapter
or any rulings made thereunder of the, Subdivision Map Act; and
provided further that such disapproval shall be accompanied by
a finding identifying the requirements or conditions which have
not been met or performed, or disapprove the final map ifit
is not in substantial compliance with the previously approved
Tentative Map. The City may waive such disapproval when the
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1616
failure of the map is the result of a technical and inadvertent
error which, in the determination of the City, does not materi-
ally affect the validity of the map.
9118.4. FINAL APPROVAL FEE. Prior to final approval of the
Parcel Map, there shall be paid to the City a sum of $25 per
lot for each lot in the subdivision.
9118,5. RECORDATION. After approval of the Parcel Map and
payment of all fees required by the City, the subdivider shall
cause said map to be recorded in the office of the County
Recorder.
9118.6. WAIVER OF PARCEL MAP.
(a) Eligibility for waiver. The following subdivisions shall
be eligible for waiver of the requirements that a parcel map
be filed, except where the tentative map of any such subdivision,
the conditions of approval thereof, or the requirements of the
Subdivision Map Act or of this Chapter provide for or require
the provision of road, drainage, sewer, water, or other easements
or the delineation of flood or geologic hazard, drainageways or
building restrictions:
I. Property line adjustments, or the distribution of all
of an existing parcel(s) between adjacent parcels when approved
by resolution;
2. Those of a lease-project.
3. Those described in Government Code Section 66426,
(b) Requests for waiver. Waiver requests shall be in writing
on a standard form provided by the Planning Commission. The
request shall include:
1. A request for waiver, signed and acknowledged by all
owners of record of the land comprising the minor land division;
2. A description of each proposed parcel;
3. If requested by the Planning Commission 0 a plat map,
showing sufficient ties, dimensions, and bearings to adequately
establish the boundaries of the minor land division and of each
proposed parcel. Record information, when available, may be
utilized.
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1616
The Planning Commission may require the submission of documen-
tation, i.e.; preliminary title report, as it deems necessary
to verify the information presented in the request for waiver.
All submissions shall be legible and readily reproducible.
Before approval of a request for waiver, the subdivider shall
complete or guarantee completion of the conditions of approval
as if a parcel map were to be filed.
(c) Fees. Upon submission of a request for waiver, the sub-
divider shall pay a filing fee of One Hundred Dollars ($100).
The subdivider shall also pay a sum of money equal to the amount
required by law for filing with the County Recorder a certificate
of compliance for the parcels comprising the division.
(d) Waiver procedure. Within twenty (20) days after acceptance
of a request for waiver or within such additional time as may
be necessary, the Planning Commission shall waive the requirement
that a parcel map be filed as provided in Section 9ll8.6(a)(Eli-
gibility for Waiver), if it finds:
1. That the design of each parcel described in the request
for waiver is in substantial compliance with the tentative map,
as approved;
2. That the subdivision complies with all applicable re-
quirements as to area, improvement and design, flood and water
drainage control, appropriate improved public roads, sanitary
disposal facilities, water supply availability, environmental
protection and other requirements of the Subdivision Map Act,
this Chapter and the Arcadia Municipal Code.
When a waiver is granted pursuant to this section, the Planning
Commission shall, within thirty (30) working days, cause a certi-
ficate of compliance, describing each approved parcel, to be
filed for record with the County Recorder. The certificate of
compliance shall state that th~ requirement that a parcel map
of the division of land be filed has been waived and that the
parcels comprising the division may be sold, leased, financed,
or transferred in full compliance with all applicable provisions
of the Subdivision Map Act and of this Chapter.
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1616
The procedures set forth in this section shall be completed
within the period prescribed by Section 9117.1l as any exten-
sion thereof pursuant to Section 9117.12.
ARTICLE IX. DIVISION AND USE OF LAND
CHAPTER 1. SUBDIVISION CODE
PART 1. SUBDIVISION OF PROPERTY
DIVISION 9. SHEET REQUIREMENTS
9l19.1. GENERAL.
(a) The evidence of title required for final maps and parcel
maps where dedications are by Certificate on the Parcel Map by
the provisions of Section 66465 of the Subdivision Map Act
shall be a certificate of title or a policy of title insurance
issued by a title company authorized by the laws of the State
of California to write the same, showing the names of all per-
sons having any record title interest in the land to be subdivided,
together with the nature of their respective interests therein.
In the event that land in the City of Arcadia is to be dedicated,
the certificate of title or policy of title insurance shall be
issued for the benefit and protection of the City of Arcadia.
The certificate or policy shall be dated and delivered upon re-
quest of the City Engineer when the map is ready for filing.
(b) If the owner of an easement in a right of way offered for
public use on a final map or parcel map where dedications are
made by Certificate on the parcel map, who has no other interest
whatever in any part of the lands included within the division
or reversion, refuses to make his easement subject to the right
of way offered to the public but the map in all other respects
complies with this Chapter, with the Subdivision Map Act, and
with other applicable statutes and ordinances, and the City
Councilor, for a parcel map, the Planning Commission finds that
the subdivider has in good faith attempted to obtain the necessary
signature from the owner and has been unable to do so and that a
refusal .to accept the map for filing would work an undue hardship
on the subdivider, then by a majority vote of all its members 0
the City Council may, accept the final map or the Planning Com-
mission may accept the parcel map for filing.
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1616
(c) Separate instruments shall be prepared by a title company
or by the City Engineer. When dedicating by separate instru-
ment, the subdivider shall submit a title report, prepared in
favor of the City, which indicates who is required to sign
the separate instrument to pass clear title to the City. This
title report shall be kept up to date and the City shall be
notified of any change until such time as the separate instru-
ment is recorded.
(d) The signatures of all parties having any record title
interest in the real property being subdivided shall not be
required on any final parcel map unless dedications or offers
of dedication are made by certificate on the parcel map.
(e) Evidence of title shall be submitted with all final parcel
maps. This shall show all fee interest holders, all interest
holders whose interest could ripen into a fee, all trust deeds
together with the name of the trustee, and all easement holders.
9119.2. TITLE SHEET CONTENTS.
(a) The title sheet of each map shall contain a title, consist-
ing of the words "Tract No." and the map number on a final map
or the words "Parcel Map No." and the map number of a parcel
map. The title shall also contain the words "In the City of
Arcadia" or "partly in the City of Arcadia and partly in (here
insert the name for the political division involved)."
(b) The title sheet shall also contain a subtitle consisting
of a description of all of the property being divided by refer-
ence to maps previously filed or recorded in the office of the
County Recorder or previously filed with the County Clerk pur-
suant to a final judgment in any action in partition or by
reference to the plat of a United States survey. Each reference
in these subtitles must be spelled out and worded identically
to the original record thereof. A complete reference to the
book and page of the cited record must be included.
(c) The title sheet for a parcel map shall contain the certifi-
cate of the surveyor or engineer referred to i~ .Section 66449
of the Government Code. The title sheet for a final map shall
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1616
contain the certificate of the surveyor or engineer referred
to in Section 66441 of the Government Code. The title sheet
or at least one map sheet shall contain a basis of bearings,
making reference to a filed tract map, County Surveyor's map
or other record acceptable to the County Engineer.
(d) Required certificates, affidavits and ac~nowledgments may
be legibly stamped or printed on the title sheet of a final or
parcel map with opaque ink. All required signatures shall be
written with opaque ink. All such entries shall be readily
reproducible by any normal method of reproduction,
Forms for certificates required by the Subdivision Map Act and
this Chapter shall be in the form approved by and made avail-
able by the City Engineer.'
9l19.3. MAP SHEET FORMAT.
(a) Each map sheet of a final map or a parcel map shall conform
to the following format:
1. Each map sheet and the lettering thereon shall be
oriented so that, with the north point directed away from the
reader, the map may be read most conveniently from lower right-
hand corner of the sheet.
2. Each map sheet shall bear the main title of the map,
the scale, north point and sheet number and designation of the
relation, if any, between the sheet and each other sheet com-
prising the final map or parcel map.
(b) Easements appearing on a final map or parcel map shall
conform to the following r~quirements:
1. The sidelines of each easement shall be shown. Widths,
centerlines, centerline or sideline data, and ties shall be
shown, .as necessary, to definitely locate each easement.
2. Easement sidelines shall be shown as fine dashed lines.
3. Distances and bearings on the side lines of lots which
are cut by easements shall be arrowed or otherwise shown so as
to clearly indicate the actual length of each lot line.
4. Each easement shall be clearly labeled and identified
and, if of record, the record reference shall be shown thereon.
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o If the easement is not definitely located of record, a statement
as to the easement shall appear on the title sheet.
If an easement is to be granted by
record reference shall be shown on
of filing.
5. Notes or
ordinated in fqrm
the map.
(c) The procedure and practice for all survey work done for
preparation of a final map or parcel map shall conform to the
standards and details set forth in Chapter 15, Division 3, of
the Business anq Professions Code, the Land Surveyor's Act.
The allowable error of closure on any portion of a final map or
separate instrument,
the map prior to the
the
time
figures pertaining to easements shall be sub-
and appearance to other notes or figures on
parcel map shall be 1/10,000.
(d) Dimensions in feet and decimals of a foot.
(e) If a parcel map is compiled from record data, the source
of information used shall be contained in a note on one sheet
of the map.
9119.4. MAP SHEET CONTENTS.
(a) All lots shall be numbered. Lot numbers shall begin with
the numeral "I" and continue consecutively without omission or
duplication through the entire map. No prefix or suffix or com-
bination of letter and number shall be used. Each lot shall be
shown entirely on one sheet.
(b) Upon each lot containing an area of three-fourths (3/4) of
an acre or more shall be designated the acreage of the lot to
the nearest one-hundredth (1/100) of an acre.
(c) The bearing and length of each lot, block, and boundary
line shall be shown on a final map or parcel map, except that,
when bearings and lengths of lot lines in a series of lots are
the same, the bearings or lengths may be omitted from each in-
terior, parallel lot line of the series. Each required bearing
or length shall be shown in full and no ditto mark or other
designation of repetition shall be used.
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Cd) The length, tangent length, radius, and total central angle
or bearings of terminal radii of each curve and the bearing of
each radial line to each lot corner on each curve or the
,
central angle of each segment within each lot, shall be shown.
(e) Each final map or parcel map shall show the centerline,
the total width, and the width on each side of the centerline of
each street, highway, alley or other way appearing on the map.
The bearing and length of each tangent and the radius, central
angle and length of each curve shall be shown on each centerline.
Final maps shall also show the width of right of way to be dedi-
cated on the map when only a portion of a street, highway, alley,
or way is within ,the map boundary.
(f) . In the event that the County Engineer, County Road Commis-
sioner, the State Highway Engineer, or City Engineer shall have
established the center line of any highway, street or alley
shown on a final map or parcel map, the map shall show such
center line, together with a reference to a field book or map
showing such center line and the monuments which determine its
position. If determined by ties, that fact shall be stated upon
the final map or parcel map.
(g) Final and parcel maps shall show sufficient mathematical
data to clearly indicate the portion of each lot which is within
the future streets or alleys in addition to the width and center-
line detail required by Section (above-Widths and Centerlines of
Streets, Highways, Alleys, and Other ways).
(h) Final maps and parcel maps shall show the name of each high-
way or street, other than a future street, appearing on the map.
Street and highway names shall be shown in or arrowed to the
right of way.
If only a portion of a street or highway is to be dedicated on
a final map, the street or highway name shall be shown or arrowed
into both the portion to be dedicated and the existing portion
of the street or highway.
Street and highway names shall be' subject to the approval of the
City Engineer.
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The word "Avenue", "Street", "Place", or other street or high-
way designation shall be spelled out in full.
(i) Final maps and parcel maps shall not show a city boundary
line crossing 'or adjoining a division or reversion. City
boundary lines shall be clearly designated and tied.
(j) Final maps and parcel maps shall show all easements which
are a burden upon lots in the division or reversion or which
are required as a condition precedent to filing the map.
(k) Final maps and parcel maps shall show the width and loca-
tion of each railroad or transmission line right of way, flood
control channel, or other similar rights of way appearing on
the map. Rights of way which appear on a map as a lot or a
series of lots shall be shown as provided in Sections
(1) If any portion of a lot shown on'a final map or parcel map
is subject to flood hazard, inundation, or geological hazard,
and the hazard is not to be removed as a condition precedent to
filing the map, the hazard .area and a prominent note identifying
the hazard shall be shown on the map as shown by the Flood Con-
trol District in the flood hazard report required by Section
9115.14(k).
(m) In the event that dedication of right of way for storm
drainage purposes is not required, the City Engineer may require
that a final map or parcel map show the location of any natural
watercourse, stream, channel, swale or creek which traverses the
map.
(n) Each final map and each parcel map for which a survey is
required shall show evidence found on the ground of suffi~ient
corners of prior surveys or such other evidence as may be suit-
able to precisely locate the boundaries of the division or
reversion shown on the map. Each stake, monument or other ob-
ject found shall be fully described and referenced. The method
used to establish each point or line shall be clearly shown in
accordance with good survey and mapping practice.
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(0) All City boundaries crossing or adjoining the subdivision
shall be clearly designated on the final map and adequately
tied in. The subdivider's Engineer or Surveyor shall furnish
a set of approved field notes to the City Engineer showing the
ties to all street center line intersectional points, and to'
all street centerline beginning and end of curve points shown
on the final map. These ties may be made after the filing of
the final map, but must be made prior to the final acceptance
of the subdivision by the City. All tie points shall be a
brass tack set in lead in the curbs near the point to which
ties are to be made.
(p) Ties to and names of adjacent subdivisions.
(q) Final maps or parcel maps on which easements are offered
for public use shall have written thereon, in addition to or as
part of any other certificate required, a certificate signed
by all persons claiming an interest in the lands included
within the division or reversion shown on the map, other than
an interest which cannot ripen into a fee, in substantially the
following form:
"We hereby certify that except as shown on a copy of
this map on file in the office of the City Engineer,
we know of no easement or structure existing within
the easements hereby offered for dedication to .the
public, other than publicly owned water lines, sewers
or storm drains; that we will grant no right or in-
terest within the boundaries of said easements offered
to the public except where such right or interest
does not interfere with and is expressly made subject
to the said easements, and then only with prior written
consent of City."
(r) If the City Council approves a land division as a division
of land for lease only, there shall appear on the final map or
final parcel map of the division in letters not less than one-
fourth inch in height, the words: "DIVISION OF LAND FOR PURPOSE
OF LEASE ONLY."
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1616
9119.5. MONUMENTS.
(a) Each final map and each parcel map for which a survey is
required shall show durable monuments found or set at or near
each boundary~orner and at intermediate points, approximately
one thousand (1000') f~et apart, or at such lesser distances
as may be made necessary by topography or culture to insure
acc~racy in the reestablishment of any point or line without
unre~sonable difficulty. The precise position and the charac-
ter of each such monument shall be shown on the map. Such
durable monument shall be not less substantial than an iron
.pipe of a two (2") inch outside diameter, not less than two
and one-half (2 1/2') feet in length, with plug and tack, and
set at least two (2') feet into the ground or of such other
character and stability as may be approved by the City Engineer.
For the purposes of this Chapter, a lead and tack set in perman-
ent concrete or masonry shall be considered as a durable monu-
ment. The approximate elevation of the top of each such monu-
ment with respect to the surface of the ground shall be shown
on said map.
(b) Center line monuments shall be set to mark intersections
of streets or 'intersections of streets with the map boundary
or to mark either the beginning and end of curves or the points
of intersection of tangents thereof or other intermediate points:
I. In asphaltic concrete or cement pavements a lead
and tack or PK nail and washer.
2. In unsurfaced graveled or oiled surfaces a two (2")
inch iron pipe set not less than twelve (12") inches below
the surface, or at such depth as may be approved by the City
Engineer.
3. In bituminous macadam pavements a spike not less
than six (6") inches long,
For each center line monument set, the engineer or surveyor under
whose supervision the survey has been made shall furnish to the
City Engineer a set of notes, clearly showing the ties between
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the monument and a sufficient number (normally four) of durable,
distinctive reference points or monuments.
Such reference points or monuments may be lead and brass tacks
or PK nail and washer in curb, or a substitute therefore which
appears to be not more likely to be disturbed.
Each set of notes submitted shall conform in all respects to
the standardized office records of the City Engineer. All such
notes shall be indexed and filed by the City Engineer as apart
of the permanent public records of his office.
(c) All monuments set as required herein shall be permanently
and visibly marked or tagged with the registration or license
number of the engineer or surveyor under whose supervision the
survey was made.
(d) The City Engineer may require all or a portion of boundary
monuments to be set prior to filing the final map or parcel map.
Interior street centerline monuments may be set subsequent to
filing of the final map or parcel map. The final map or parcel
map shall show which monuments are in place and which are to be
set. Prior to certification of the final map or parcel map by
the City Engineer, the subdivider shall submit a written agree-
ment in which he agrees that monuments deferred will be set
prior to final acceptance of the subdivision and that the notes
required in Section 9119.5(b) will be furnished within that
specified time.
(e) All monuments shall be subject to inspection and approval
of the City Engineer.
ARTICLE IX. DIVISION AND USE OF LAND
CHAPTER 1. SUBDIVISION CODE
PART 2. SUBDIVISION IMPROVEMENTS
DIVISION 1. IMPROVEMENT REQUIREMENTS
9121.1. GENERAL. Improvements required to be installed or
agreed to be installed by a subdivider as a condition precedent
to the filing of a final map or parcel map shall comply with
the requirements of this article. Such improvements shall be
provided and developed in accordance with the conditions imposed
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as a condition of approval of the tentative map or tentative
parcel map in accordance with any agreement or bond made or
entered inco by the subdivider for that purpose, and in accor-
dance with the standards and specifications set by administra~
tive regulations and ordinances of the City of Arcadia applicable
at the time of approval of the tentative map or tentative parcel
map.
912l.2. IMPROVEMENT AND SITE DEVELOPMENT PLANS. Plan~, pro-
files and specifications for improvements, other than street
improvements, and grading and drainage plans, shall be submitted
to the City Engineer not later than the time a final map or
parcel map is submitted for checking and certification. Such
plans shall show all details of the proposed improvements,
grading, and drainage needed for approval of the plans by the
City Engineer. Such details may include requirements of other
governmental bodies whose jurisdiction some portion of the plan
may encompass.
Final plans must be approved by the City Engineer before a final
map is transmitted to the City Council for approval or parcel
map is certified for filing by the City Engineer if:
(a) The subdivider applies for a reimbursement agreement; or
(b) Another governmental agency, whose approval of plans is
necessary, will not approve preliminary plans.
Preliminary plans may be submitted to the City Engineer when
sufficient engineering data is furnished by the subdivider to
demonstrate that the preliminary design meets the City's stand-
ards and specifications, is practicable from a maintenance stand-
point and is consistent with sound engineering practices and
that the final plans will conform to the preliminary plans with
only minor changes.
9121.3. IMPROVEMENT PLANS-STREET. Plans, profiles, and
specifications for all street improvements shall be subject to
the approval of the City Engineer. Such plans shall be furnished
to the City Engineer not later than the time of submitting the
final map or parcel map to the City Engineer for checking and
shall be subject to the approval of the City Engineer before any
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such map shall be certified by the City Engineer. Such plans,
profiles, and specifications shall show full details of the
proposed improvements and shall be in accordance with the
standards and specifications of the City Engineer. Such plans
shall also include the design grade for an existing highway or
for a future street provided the City Engineer determines that
such grade is necessary to properly locate slope and drainage
easements, if any.
9121.4. MAP SHOWING STRUCTURES. If streets or other public
ways are to be dedicated on a final map or by separate instru-
ment prior to filing a parcel map and the subdivider is required
to grade, pave or install curbs, gutters, or sidewalks within
such easements, the subdivider shall provide a copy of the final
map or parcel map, as the case may be, which delineates all
structures within such easements. Such maps shall be submitted
to the City Engineer when street improvement plans are submitted
for approval,
9l21.5. STREET IMPROVEMENTS. Each street, whether public or
private, shall be improved with full width grading, full height
Portland cement concrete curbs and gutters, full width roadway
paving, installation of drainage facilities incidentar thereto,
street signs, sidewalks, street lights on public streets, and
such other improvements for traffic and drainage needs as are
required for the ~ppropriate development of the division of land.
9l21.6. IMPROVEMENTS TO EXISTING STREETS ADJACENT TO THE
DIVISION OF LAND. If a portion of an existing street constitutes
any portion of the boundary of the division of land and such
street is unimproved, or the City Council determines that the
improvements are insufficient for the general use of the lot
owners in the division of land and for local neighborhood traffic
and drainage needs, the City Council may require the subdivider
to improve or agree to improve such street as specified in
Sections 9121.5 and 9121.15.
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9121.7. IMPROVEMENTS TO EXISTING STREETS WITHIN THE DIVI-
SION OF LAND. The City Council may require the remodeling of
an existing street. Such remodeling shall be in accordance
with the improvement requirements specified in Sections 9121.5
and 912l.15.
9121.8. IMPROVEMENTS OF FUTURE STREETS. Except for full
width grading, the subdivider shall not be required to improve
streets shown on a final map or a parcel map as future streets.
9l21.9. TEMPORARY IMPROVEMENTS. Temporary improvements
may be required prior to, or concurrent with, permanent improve-
ments. In such instances, the temporary improvements shall be
installed in a manner approved by the City Engineer.
9l2l.10. PROTECTIVE IMPROVEMENTS. The City Council may re-
quire such structures to be installed as are necessary for the
proper functioning and maintenance of the improvements required
to remove a flood or geological hazard and as are necessary for
the protection of property adjacent to the division of land.
9121.11. DRAINAGE IMPROVEMENTS. The subdivider shall pro-
vide such drainage facilities as are considered necessary by
the City Engineer for the drainage requirements of the division
of land and for local neighborhood needs. Such facilities shall
be constructed in accordance with standards and specifications
approved by the City Engineer.
9121.12. FENCING OF WATERCOURSES OR DRAINAGE FACILITIES.
The subdivider shall provide a chain link fence or equivalent,
not less than six (6') feet high, along each side of any portion
of a dedicated right of way for any watercourse or drainage
facility within a proposed division of land if the City Council
finds that the location, shape, slope, width, velocity of water
therein, or other characteristics of the watercourse or drainage
facility makes the fencing of the right of way necessary for the
protection of the general public. Such fencing shall have an
adequate number of gates to facilitate cleaning and maintenance
and shall not contain apertures below the fence in excess of
four (4") inches vertical.
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9l21.l3. UNDERGROUND UTILITIES. Utility lines, including
but not limited to electric, communications, street lighting,
and cable television shall be required to be placed under-
ground. The subdivider is responsible for complying with the
requirements of this section, and he shall make the necessary
arrangements with the utility companies for the installation
of such facilities. For the purposes of this section, appurten-
ances and associated equipment such as, but not limited to,
pedestal mounted terminal boxes and meter cabinets may be
placed above ground. The City Council may waive the require-
ments of this section if topographical, soil, or any other
conditions make such underground installations unreasonable or
impractical.
9l21.l4. SANITARY SEWERS. The subdivider shall install
sanitary sewers, as needed, to serve each lot in a division of
land. Such sewers shall be designed in accordance with the
requirements of the City Engineer and the outlet to be used for
the sewers shall be designated by the City Engineer.
9121.15. SIDEWALKS. Sidewalks shall be installed in ac-
cordance with City standards, except when the City Council
specifies otherwise.
9121.16. STREET LIGHTING SYSTEM. The subdivider shall
provide an ornamental street lighting system in each division
of land of four (4) lots or more and one lot condominium divi~
sions of land. Plans for the installation of the system shall
be submitted to the City Engineer for approval.
9121.l7. STREET TREES AND PLANTS. The subdivider shall.
pay the cost of trees in the parkway panels of streets and
highways within or adjacent to a division of land; the type
or species and location of such trees shall be determined by
the City Engineer.
9121.18. WATER MAINS AND FIRE HYDRANTS. The subdivider
shall install or agree to install mains and fire hydrants in
the division of land for the general use of the lot owners and
for fire protection. The installation of such water mains and
fire hydrants shall comply in all respects with all statutes,
ordinances, rules, and regulations applicable to water mains
and fire hydrants.
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In the absence of such statutes, ordinances, rules, and regula-
tions, required domestic water flows shall be determined by the
Water Manager and required fire flows, duration of required
fire flows, and fire hydrant type and location shall be deter-
mined by the Fire Chief. Water mains and fire hydrants may be
required on existing streets or highways adjacent to or within
the division of land provided the existing improvements are
insufficient for the general use or fire protection of the lot
owners.
9121.l9. IMPROVEMENTS AGREEMENT AND PERFORMANCE BOND. If
the proprietors, owners or sellers of said subdivision shall
request the Council to approve the map or plat thereof prior
to the actual completion of any of the work hereinabove speci-
fied, then the Council may accept and approve said map or plat,
if such subdividers, owners or sellers shall execute a good
and sufficient surety company's bond or cash bond to the City,
in an amount which shall equal the estimated cost of the work
hereinabove described remaining to be completed, and conditioned
that all of the work required hereunder in said subdivision
shall be completed within such time as shall be designated by
motion duly adopted by the Council at any regular meeting
thereof; and conditioned further that such work shall be done
in accordance with the provisions of this Chapter and any speci-
fications of the City relating thereto and on file in the
office of said City Engineer. If said owners, subdividers or
sellers shall neglect or fail for any reason to perform such
work in said subdivision within the time designated by the
Council as hereinabove specified, said bond shall be declared
forfeited and the amount of such bond shall thereby be forfeited
to the City, and the amount received or collected thereon shall
be used by the City for the improvement of said subdivision as
herein requ~red, and the surplus, if any, shall be returned to
the person or persons from whom such money was received; provided,
however, that if said map or plat shall be accepted and approved
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by said Council prior to the actual performance of such work,
such subdividers, owners or sellers shall include in each and
every deed to the purchaser or purchasers of any lot or parcel
of land within said subdivision a stipulation or clause to the
effect that all of the work required to be done hereunder shall
be performed in accordance with the provisions of this Chapter.
The City Engineer may require a subdivision agreement to imple-
ment the requirements of this Chapter.
9121.20. COST OF IMPROVEMENT. Improvements required by
this Chapter shall be installed and constructed by the subdivider
at his expense, with a complete accounting of costs incurred in
constructing public facilities to be submitted to the City
Engineer, and shall not be paid for by any special assessment
lien, tax, bonded indebtedness, or other charge against the land
or real property within the division, except as otherwise pro-
vided by law.
All outstanding or remaining assessments on the land of the divi-
sion established for improvements constructed under special
assessment district proceedings shall be paid by the subdivider.
Subdivider shall submit to the City Engineer a complete account-
ing of costs incurred in constructing public improvements.
ARTICLE IX. DIVISION AND USE OF LAND
CHAPTER 1. SUBDIVISION CODE
PART 3. SUBDIVISION COMPLIANCE
DIVISION 1. CERTIFICATE OF COMPLIANCE
913l.l. GENERAL. A certificate of compliance may be issued
for real property where the Planning Commission has made a deter-
mination that such property complies with the provisions of the
Subdivision Map Act and this Chapter.
9131.2. FILING. Application for the issuance of a certifi-
cate of compliance shall be submitted to the Director of Planning. ~
Application for issuance of a certificate of compliance shall be
made in writing on a standardized form provided by the Director.
The Director may require the submission of such supporting in-
formation as he deems necessary to determine compliance. All
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submissions shall be legible and readily reproducible.
9131.3. FEES. Upon submission of a request for issuance
of a certificate of compliance other than provided in Section
9118,6. the applicant shall pay a processing fee of fifty
dollars ($50) plus three dollars ($3) for each parcel for
which a determination is requested,
The applicant shall also pay a sum of money equal to the amouDt
required by law for filing with the County Recorder the certi-
ficate of compliance.
9131.~. CONDITIONS OF APPROVAL.
(a) Where the Planning Commission finds that such real property
does not comply with the provisions of the Subdivision Map Act
or of this Chapter enacted pursuant thereto, the Planning Com-
mission may as a condition to granting a certificate of compli-
anceo impose such conditions as would have been applicable to
the division of the property at the time the current owner of
record acquired the property, and which had been established at
such time by the Subdivision Map Act or local ordinance enacted
pursuant thereto.
(b) Upon making such a determination and establishing such con-
ditions, the City shall cause a conditional certificate of com-
pliance to be filea for record with the County Recorder. Such
certificate shall serve as notice to the property owner who has
applied for the certificate pursuant to this section, a grantee
of the property ownero or an subsequent transferee or assignee
of the property that fulfillment and implementation of such con-
ditions shall be required prior to subsequent issuance of a
permit or other grant of approval for development of the property.
(c) Compliance with such conditions shall not be required until
such time as a permit or other grant of approval for development
of such property is issued by the local agency,
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1616
ARTICLE IX.
CHAPTER I.
PART 4.
DIVISION 1.
DIVISION AND USE OF LAND
SUBDIVISION CODE
ENFORCEMENT
GENERAL
9141.1. PENALTY FOR NONCOMPLIANCE. Violation of this
chapter which is not also prohibited by the Subdivision Map
Act or by any other state statute, is a misdemeanor, punish-
able by a fine of not more than five hundred dollars ($500),
or by imprisonment in the City Jailor the County Jail for
not more than six months, or by both such fine and imprison-
ment.
9141.2. TRANSACTION VOIDABLE. Any deed of conveyance,
mortgage, deed of trust, or other lien or lease or sale or
contract to sell, mortgage, lien or lease made contrary to the
provisions of this chapter is voidable at the sole option of
the grantee, buyer, tenant, mortgagee, beneficiary, or person
contracting to purchase or to accept a lien or mortgage or to
lease as a tenant, his heirs, personal representative or trustee
in insolvency or bankruptcy within one year a1ter the date of
the execution of the deed of conveyance, mortgage, deed of
trust, other lien, lease, or sale, or contract agreeing thereto,
but such deed. of conveyance, sale, mortgage, deed of trust,
lien, lease, or contract, is binding upon any assignee, or
transferee of the grantee, mortgagee, beneficiary, tenant,
buyer: or person contracting therefor, other than those above
enumerated, and upon the grantor, vendor, mortgagor, trustor,
landlord, or person so contracting, his assignee, heir, or
devisee.
9141.3. OTHER REMEDIES. The provisions of this chapter
are not intended to prohibit any legal, equitable, or summary
remedy to which the City or other political subdivision, or
any person may otherwise be entitled, and the City or other
political subdivision or person may file suit in a court of
competent jurisdiction, to restrain or enjoin any attempted or
proposed division of land in violation of the Subdivision Map
Act or of this chapter.
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1616
9141.4. FALSIFICATIONS. Fraudulent misrepresentation of
\ .
pertinent information shall be sufficient reason to invalidate
an approval obtained pursuant to this chapter."
SECTION 3. No person shall violate any provision, or fail
to comply with any of the requirements of this ordinance.
Any person violating any of the provisions or failing to comply
with any of the mandatory requirements of this ordinance shall
be guilty of a misdemeanor. Any person convicted of a misde-
meanor under any provision of this ordinance shall be punishable
by a fine of not more than Five Hundred Dollars, or by impri-
sonment in the City Jailor County Jail for a period not ex-
ceeding six months, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each
and every day during any portion of which any violation of any
provision of the ordinance is committed, continued, or permitted
by such person and shall be punishable accordingly.
SECTION 4. In addition to the penalttes provided in the
preceding Section, any condition caused or permitted to exist
in violation of any of the provisions of this ordinance shall
be deemed a public nuisance and may be, by the City, summarily
abated as such, and each day such condition continues shall be
regarded as a new and separate offense.
SECTION 5. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is, for any reason, held
to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. TheCity
Council of the City of Arcadia hereby declares that it would
have adopted this ordinance and each section, subsection, sen-
tence, clause, phrase or portion thereof irrespective of the
fact that anyone or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconsti-
tutional.
SECTION 6. Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
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1616
t
as affecting any of the provisions of such ordinance relating
to th~ collection of any such license or penalty or the penal
provisions applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof, re-
quired to be posted, filed or deposited pursuant to any ordinanc~
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
SECTION 7. The Clerk of the Council shall certify to the
passage and adoption of this ordinance and shall cause the same
to be published in the official newspaper of the City of Arcadia
within fifteen (15) days after its adoption.
PASSED AND ADOPTED by the City Council
at its regular meeting held on the 4th
of the City of Arcadia
day of April, 1978.
SIGNED AND APPROVED this 4th
April
1978.
ATTEST:
~~
City Clerk
I HEREBY CERTIFY that the foregoing ordinance was adopted at
a regular meeting of the City Council of the City of Arcadia,
California, held on the 4th day of April ,197~; by the
affirmative vote of at least three Council Members, to wit:
AYES:
Council Members Gilb, Lauber, Margett, Parry
and Saelid
None
NOES:
ABSENT: None
City Clerk of the City of Arcadia
-48-
\.
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