This title of the Pico Rivera Municipal Code shall hereinafter
be known as the subdivision code of the city of Pico Rivera.
(Prior code § 9101.01; Ord. 855 § 3, 1994)
The intent and purpose of Title 17 of this code is to establish
and set forth regulations and procedures that will, when properly
administered, assist in the effectuation and implementation of the
goals, provisions and objectives of the city's Comprehensive General
Plan. It is also intended to promote the conservation, stabilization
and protection of property values through the orderly growth and development
of the community, in conjunction with Titles 10, 12, 13, 15, 16 and
18 of this code.
(Prior code § 9101.02; Ord. 855 § 3, 1994)
This title, regulating land divisions, consolidations and other such practices deemed necessary for the protection, promotion and maintenance of the public health, safety, environment and general welfare, is authorized pursuant to the Subdivision Map Act, as cited in Section 17.04.040 of this chapter.
(Prior code § 9101.04; Ord. 855 § 3, 1994)
All land divisions, whether creating, consolidating or reverting,
subdivision tracts, records of survey or parcel maps, shall be subject
to the provisions of the Subdivision Map Act contained in Division
2, Title 7 of the Government Code of the state of California, and
as may thereafter be amended, and such provisions shall become a part
of Title 17 of this code. The regulations contained in this land division
code are adopted to supplement and implement the Subdivision Map Act.
(Prior code § 9101.03; Ord. 855 § 3, 1994)
Pursuant to the provisions of the Subdivision Map Act wherein
the term "Advisory Agency" is used, the planning commission is designated
as such advisory agency, and shall be vested with all powers and duties
granted or imposed by the Subdivision Map Act, except those functions
reserved to the city council, division of land committee, or the city
planner, as may be set forth elsewhere in this title.
(Prior code § 9101.05; Ord. 855 § 3, 1994)
Whenever reference is made to other ordinances of the city or
to other statutes of the state of California, such reference applies
to requirements of such ordinances or statutes applicable on the date
of final action on a tentative map and to the provisions of variations,
modifications and permits granted pursuant to such ordinances or statutes.
(Prior code § 9102.01; Ord. 855 § 3, 1994)
A person, firm or corporation shall not lease, finance or transfer
title to a portion of land or division of land, or offer to do so,
or contract to do so, until a final tract or parcel map therefor,
in full compliance with the provisions of this title and of the Subdivision
Map Act, has been filed with the city and in the office of the recorder
of Los Angeles County, unless otherwise exempted by this title or
by the provisions of the Subdivision Map Act.
(Prior code § 9102.02; Ord. 855 § 3, 1994)
The provisions of Title 17 of this code do not apply to any
of the following:
A.
Short-term
leases (terminable by either party on not more than thirty days' notice
in writing) of a portion of the operating right-of-way of a railroad
corporation as defined by Section 230 of the Public Utilities Code
unless a showing is made in individual cases, under substantial evidence,
that public policy necessitates the application of the regulations
to those short-term leases in individual cases;
B.
Divisions
of land described in California Government Code Sections 66412, 66412.1
or 66499.30 (e).
(Prior code § 9102.04; Ord. 855 § 3, 1994)
Any portion of a division of land in full compliance with or exempt from any law which was in effect at the time such land division was legally established shall be presumed to be a valid subdivision pursuant to the Subdivision Map Act and the provisions of Title 17. Any portion of a division of land in full compliance with the requirements of Section 66412.6 of the Subdivision Map Act shall likewise be presumed to be a valid subdivision of land pursuant to the Subdivision Map Act and of this Title.
(Ord. 855 § 3, 1994)
No building shall be constructed, nor shall a permit for the
construction of a building be issued, nor shall a portion of any lot
be used when not conforming to the provisions of this title. Any such
permit, if issued in conflict with this title, shall be canceled,
and any fees paid in connection therewith shall be refunded to the
permittee.
(Prior code § 9102.05; Ord. 855 § 3, 1994)
A.
A division
of land committee is created and established to principally serve
as a reviewing body for tentative maps required by the Subdivision
Map Act and/or by this title. The division of land committee may,
and upon request by the city planner shall review such other maps
as may be required by the city planner as part of information to be
supplied for application for waiver of map, certificate of compliance
or lot line adjustment, as the case may be, and in accord with provisions
for same in the Subdivision Map Act.
B.
All meetings conducted by the division of land committee shall be open to the public, and the committee shall consist of the following members or their respective representatives duly authorized to act in their stead; provided, however, that in no case shall more than one of the aforesaid members set forth in subsections B1, B2 or B3 hereof be represented by his or her duly authorized representative:
(Prior code § 9102.13; Ord. 855 § 3, 1994)
The following shall govern General Plan conformance and time
for or waiver of a report:
A.
General
Plan Conformance. A report as to conformity to the General Plan, which
is required pursuant to Section 65402 of the Government Code of the
state as the result of a proposed division of land, may be included
as a part of and at the same time as the action taken by the advisory
agency on such division of land.
B.
Time for or Waiver of Report. A report, as set forth in subsection A of this section, shall not be required for a proposed subdivision which involves any one or all of the following:
1.
The
disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes; or
2.
Acquisitions,
dispositions or abandonments for street widening purposes; or
3.
Alignment
projects, provided that the advisory agency expressly finds that any
such disposition for street purposes, acquisitions, dispositions,
or abandonments for street widening, or alignment projects is of a
minor nature.
(Prior code § 9102.11; Ord. 855 § 3, 1994)
Where lots are sold or otherwise separated in ownership, no dwelling unit or lot shall be sold or encumbered separately from an undivided interest in the open space and areas designated as common vehicular and/or pedestrian access appurtenant to such dwelling unit and lot in accordance with the provisions set forth in Chapter 18.42 of this code. Such undivided interest shall include either an undivided interest in the open space and area designated for common vehicular and/or pedestrian access, or a share in the corporation or voting membership in an association owning the open space and designated common vehicular and/or pedestrian access. This provision shall not apply when the required open space reserved to the lot owners and maintenance easements are granted to an established maintenance district, or when other satisfactory means to insure permanent reservation of required open space have been approved by the planning commission and city council.
(Prior code § 9102.10; Ord. 855 § 3, 1994)
When any area in a division of land or proposed division of
land for which a tentative tract or parcel map has been filed but
a final tract or parcel map has not been finally approved, is annexed
to the city, all procedures and regulations required by this title
and the Subdivision Map Act shall be deemed to commence as of the
effective date of the annexation.
(Prior code § 9102.12; Ord. 855 § 3, 1994)
A person, firm or corporation is prohibited from selling or
leasing any division of land until a final tract map or parcel map,
in full compliance with the provisions of this title and the Subdivision
Map Act, has been duly recorded or filed in the office of the county
recorder. The determination and abatement of a violation of the Subdivision
Map Act and this title may be in accordance with Sections 66499.34,
66499.35 and 66499.36 of the Subdivision Map Act.
(Prior code § 9102.07; Ord. 855 § 3, 1994)
Fraudulent misrepresentation of pertinent information shall
be sufficient reason to invalidate an approval obtained pursuant to
this title.
(Prior code § 9102.09; Ord. 855 § 3, 1994)
Violation of Title 17 of this code is a misdemeanor, punishable
by a fine of not more than one thousand dollars, or by imprisonment
in the county jail for not more than six months, or by both such fine
and imprisonment.
(Prior code § 9102.06; Ord. 855 § 3, 1994)
The provisions of Title 17 of this code 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 title.
(Prior code § 9102.08; Ord. 855 § 3, 1994)
