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HomeMy WebLinkAbout2188 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." 1 2188 "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. 2 2188 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. 3 2188 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: 4 2188 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: 5 2188 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 6 2188 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 7 2188 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. 8 2188 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 9 2188 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 ~ 10 2188