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ORDINANCE NO. 2188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF ARTICLE ]X (DIVISION AND USE OF
LAND) OF THE ARCADIA MUNICIPAL CODE
RELATING TO LOT LINE ADJUSTMENTS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION I.
Section 9] ] 2.31.1 is hereby added to the Arcadia Municipal
Code to read in its entirety as follows:
"91 ]2.31.1. LOT LINE ADJUSTMENT. Lot Line Adjustment shall mean an
adjustment of property lines approved by the Development Services Director
("Director") or his/her designee betw'een four (4) or fewer existing adjoining parcels,
where the land taken from one parcel is added to an adjoining parcel, and where a
greater number of parcels than originally existed is not thereby created."
SECTION 2.
Sections 9131.1, 9] 31.2 and 9131.3 of the Arcadia
Municipal Code are hereby amended in their entirety to read as follows:
"9131.1. GENERAL. A Certi ficate of Compliance may be issued for real
property where the Development Services Director or his/her designee has made a
determination that such property complies with the provisions of the Subdivision Map
Act and this Chapter."
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"913 1 .2. FILING. Application for the issuance of a Certificate of Compliance
submitted to the Development Services Director or his/her designee shall be made in
wrItmg on a standardized form provided by the Community Development
Administrator. The Director may reqUire the submission of such supporting
information as deemed necessary to determine compliance. All submissions shall be
legible and readily reproducible."
"9131.3. FEES. Upon submission of a request for issuance of a Certificate of
Compl iance other than provided in Section 9]] 8.6, the applicant shall pay a
processing fee established by resolution of the City Council. The applicant shall also
pay a sum of money equal to the amount required by law for filing with the County
recorder the Certi ficate of Comp1 iance."
"9131.4. CONDITIONS OF APPROVAL.
A. Where the Deve]opment Services Director or his/her designee finds that
such real property does not comply with the provisions of the Subdivision Map Act or
of this Chapter enacted pursuant thereto, the Development Services Director or his/her
designee rnay as a condition to granting a Certificate of Compliance, 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.
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B. Upon making such a determination and establishing such conditions, the
City shall cause a conditional Certificate of Compliance to be filed 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 owner, or a
subsequent transferee or assignee of the property that fulfillment and implementation
of such conditions 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."
SECTION 3.
The Arcadia Municipal Code is hereby amended by adding a
new Di vision 2 to Article IX, Chapter], Part 3 to read in its entirety as follows:
DIVISION 2.
LOT LINE ADJUSTMENTS
"9132.1. GENERAL. Lot line adjustments are allowed in the City of
Arcadia between four or fewer existing adjoining parcels, subject to the following:
A. To take land from one lawfully created parcel and add it to an adjoining
lawfully created parcel provided that a greater nurnber of parcels than originally
existed are not created and that no substandard parcels will result therefrom.
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B. To consolidate two to four adjoining parcels under common ownership.
C. The resulting parcels shall conform to applicable Building Regulations,
Subdivision Ordinances, Zoning Regulations and the Arcadia General Plan. The City
is authorized to condition the approval of a Lot Line Adjustment upon the relocation
of certain existing utilities, infrastructure and/or easements.
D. That a draft deed is submitted with a Lot Line Adjustment application
reflecting the proposed lot configuration and legal description.
9132.1.1. LAWFULLY CREATED PARCELS.
A. Any lot or parcel created by a tract map or parcel map is a lawfully created
parcel.
B. In addition, any parcel created prior to March 4, ] 972 with a deed or record
of survey shall be conclusively presumed, by the City of Arcadia, to be a lawfully
created parcel for the purposes of this Division.
9132.2. FILING.
A. An application for a lot line adjustment shall be rnade in writing to the
Development Services Department on a prescribed application form containing the
signature(s) of all owner(s) ofrecord of the properties involved together with the fee
established by resolution of the City Council, and shall be accompanied by the
following information and material:
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I. A plot plan to scale that is not larger than eight-and-one-half inches by
fourteen inches (8Y2" x 14") in size.
2. Current title reports for the properties.
3. A legal description and plat for each newly adjusted lot and a legal
description of the area adjusted. All legal descriptions shall be prepared, signed and
wet stamped by a licensed land surveyor or registered civil engineer qualified to
perform land surveying.
B. Incomplete application forms shall not be accepted.
C. All completed applications shall be consecutively numbered, shall become
part of the permanent official records of the City of Arcadia and shall contain copies
of all notices and actions pertaining thereto.
9132.3. REV]EW AND APPROVAL~ ADM]NISTRATIVE ACT]ON.
A. Within thirty (30) working days after a complete application for a lot line
adjustment has been filed, the Development Services Director or his/her designee
following a review of the proposed lot line adjustment by the Community
Developrnent Division, Engineering Division and Public Works Services Department,
shall approve, conditionally approve or deny the lot line adjustment. The
Development Services Director shall approve or conditionally approve a lot line
adjustment if the lot line adjustment does not:
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I. Create any new lots;
2. Include any lots or parcels created illegally;
3. Involve more than four parcels;
4. Involve parcels that are not adjoining; and
5. Result in lot configurations inconsistent with the Arcadia Municipal Code,
all applicable building codes, and/or the General Plan.
B. The Development Services Director or his/her designee may impose such
conditions of approval, to be satisfied prior to the recordation of the lot line
adjustment, as the Director finds necessary to ensure that the lot line adjustment fully
complies with the Arcadia Municipal Code, Arcadia General Plan, and all applicable
building codes.
9132.3.1. DOCUMENTATION.
A. Notice of the action on an application for a lot line adjustrnent shall be
issued by the Development Services Director or his/her designee in writing to the
applicant within five (5) working days.
B. Approval of a lot line adjustrnent does not transfer title, adjust liens,
mortgages or deeds of trust, nor does it adjust assessments. At the conclusion of
processing the lot line adjustment application, the applicant shall submit an amended
deed of trust reflecting the revised legal descriptions of affected lots for any lots
encumbered by a deed of trust. The revised legal descriptions of affected lots shall
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also be reflected in any mortgages and liens. A Certificate of Compliance reflecting
the adjustments shall be recorded with the Los Angeles County Recorder's office.
C. Within seven (7) days of the issuance of a notice of the action on an
application for a lot line adjustment, notice of such decision shall be forwarded to the
Planning Commission and City Council.
D. Pursuant to approval of a lot line adjustment, the applicant shall file a
Certificate of Compliance pursuant to Section 9 131.2.
9 I 32.4. APPEAL.
The applicant or any interested party may appeal an approval, conditional
approval, or denial of an application for a lot line adjustment.
Appeals of such action shall be made to the Planning Commission. Said appeal
shall be made in writing and delivered to the Community Development Division
within ten (10) days of the decision and shall be accompanied by an appeal fee in
accordance with the applicable fee schedule adopted by resolution of the City Council.
Upon receipt in proper form of an appeal, the Community Development
Division shall schedule a public hearing thereon to be held within thirty (30) working
days. Public Notice of the public hearing shall be mailed not less than ten (10)
calendar days before the date of such public hearing to the applicant, appellant, and
owners of property adjoining the subject property. The notice shall state the nature of
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the application and the appeal thereon, the location of the subject property, and the
time and place of the hearing.
After action on an appeal by the Planning Commission, an appeal may be made
to the City Council. Such an appeal shall be made in writing and delivered to the City
Clerk within ten (10) days of the decision and shall be accompanied by an appeal fee
in accordance with the applicable fee schedule adopted by resolution of the City
Council.
A public hearing shall be held within thirty (30) working days from the date the
appeal is filed. Notice of the public hearing shall be mailed not less than ten (] 0)
calendar days before the date of such public hearing to the applicant, appellant, and
owners of property adjoining to the subject property. The notice shall state the nature
of the application and the appeal thereon, the location of the subject property, and the
time and place of the hearing.
9132.5. COMPLETION OF LOT LINE ADJUSTMENT
A. Approva] or conditional approval of a lot line adjustment shall not become
effective until ten (10) calendar days after the issuance of the notice of the action on
an application for a lot line adjustment unless the lot line adjustment approval IS
appealed in accordance with Section 9132.4.
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9132.6. EXPIRATION, EXTENSION AND ALTERATIONS. In the event the
approved lot line adjustment is not recorded with the Los Angeles County Recorder's
office within one (I) year following the effective date of the approval of such by the
Development Services Director or his/her designee or an approved Lot Line
Adjustment has been altered, the Lot Line Adjustment or Lot Consolidation, as may
be applicable, shall be void and of no further force and effect and shall not be
recorded with the Los Angeles County Recorder's office. If the applicant still wishes
to proceed with the lot line adjustment or consolidation, a new application must be
submitted in accordance with the provisions of Section 9132.2 above."
SECTION 4.
The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of same to be published in the official newspaper of
said City within fifteen (15) days after its adoption.
Passed, approved and adopted this 17th day of February
,2004.
ATTEST:
APPROVED AS TO FORM:
,
~P.~
City Attorney
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STATE OF CALIFORN]A )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2188 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 17th day of February, 2004 and that said Ordinance was
adopted by the following vote, to wit:
A YES: Council member Chang, Kovacic, Marshall, Wuo and Segal
NOES: None
ABSENT: None
\
),'
t)' Clerk of the
~
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