Chapter 16.01 — GENERAL PROVISIONS

This title is adopted to implement and supplement the provisions of the Subdivision Map Act, as defined in Section 16.01.030 (Definitions). The regulations contained in this title are intended to promote:

A.

The creation of subdivisions which are consistent with and serve to implement the policies and provisions of the city of Irwindale general plan, zoning code, this title, and any other ordinance, statute or law pertaining to the use, sale, leasing or subdivision of land;

B.

The conservation of open space;

C.

The protection of property owners and surrounding residents;

D.

The provision of orderly growth;

E.

The provision of adequate traffic circulation, utilities and other services;

F.

The protection and stabilization of property values; and

G.

The preservation of the public health, safety and general welfare.

(Ord. No. 698, § 4, 10-14-15)

16.01.020 - Applicability.

A.

The provisions of this title shall apply to all subdivisions and related matters addressed in the Subdivision Map Act for land within the city of Irwindale.

B.

All subdivisions shall be authorized through the approval of a map or other entitlement in compliance with this title.

(Ord. No. 698, § 4, 10-14-15)

16.01.030 - Definitions.

For the purposes of this title, the following terms shall have the meanings shown below:

"Adjacent parcel" means a parcel that directly touches at least one other parcel.

"Alley" means a public or private way, other than a street or highway, reserved as a means of vehicular access to adjacent properties.

"Applicant" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself/herself or for others, pursuant to this title.

"California Environmental Quality Act (CEQA)" means Sections 21000 —21189.3 of the California Public Resources Code including the "Guidelines for California Environmental Quality Act," Sections 15000— 15387 of the California Code of Regulations, Title 3, Chapter 3.

"Certificate of compliance" means a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the city to be a legal lot of record.

"City" means the city of Irwindale.

"City engineer" means the director of public works/engineering for the city of Irwindale.

"Collector road/local street" means that system of roadways designated on the city's general plan roadway classification system as collector roads/local Streets and having a total right of way width of not less than sixty feet.

"Commission" means the planning commission of the city of Irwindale.

"Community apartment project" means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

"Community development department" means a department of the city of Irwindale.

"Community development director" means the director of the department of community development of the city of Irwindale.

"Conditional certificate of compliance" means a document used instead of a certificate of compliance to validate a parcel that was not legally subdivided by means of applying conditions on the parcel such that the fulfillment and implementation of the conditions would be required prior to issuance of any permits for any development of the parcel.

"Condominium" means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to: (1) boundaries described in the recorded final map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

"Condominium conversion" means the conversion of rental units to common interest development including condominium, community apartment or stock cooperative types of ownership.

"Condominium project" means a real property development consisting of condominiums.

"Contiguous property" means property which adjoins or is adjacent to another property, whether or not it is under the same or separate ownership, including properties separated by roads, streets, utility easement or railroad rights-of-way.

"County" means the county of Los Angeles.

"County recorder" means the county office that keeps records of official documents.

"Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

"Design" means and includes: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements 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 physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

"Driveway" means a private roadway or access providing direct vehicular access to an approved garage, parking lot, or parking space.

"Final map" means a recorded subdivision map which is in substantial conformance with an approved or conditionally approved tentative tract map or tentative parcel map and which complies with the provisions of Chapter 16.04 (Final Maps) of this title.

"Freeway" means a highway in respect to which abutting lands have no right or easement of access to or from such abutting lands. Service roads marginal to freeways shall themselves not be considered as freeways.

"Improvement" means any street work and utilities to be installed, or agreed to be installed, by the applicant 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. Improvement also refers to any other specific improvements or types of improvements, the installation of which, either by the applicant, by public agencies, by private utilities, by any other entity approved by the city or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

"Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this title.

"Lot line adjustment" means any adjustment between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created in accordance with the provisions of this title.

"Lot width" means the horizontal distance, measured in feet, between the side lot lines measured at right angles to the front lot line at a distance midway between the front and rear lot lines.

"Major highways" means that system of roadways designated on the city's general plan roadway classification system as major highways and having a total right of way width of not less than one hundred feet.

"Merger" means the process of creating one parcel from two contiguous parcels held by the same owner when one of the parcels held by the same owner does not conform to zoning code standards for minimum parcel size.

"Municipal code" means the city of Irwindale Code of Ordinances, as amended from time to time.

Parcel. See "lot."

"Review authority" means the entity authorized to approve, conditionally approve or deny an application made pursuant to this title.

"Right-of-way" means a defined area of land on which a right of passage has been recorded.

"Secondary highways" means that system of streets next in importance to major highways, designated on the general plan roadway classification system as secondary highways and having a total right of way width of not less than eighty feet.

"Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development.

"Subdivision" means the division by any applicant of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Subdivision includes a

condominium project, a community apartment project, stock cooperative or a condominium conversion as defined in this title.

"Subdivision Ordinance" means Title 16 of the city of Irwindale Municipal Code, as most recently amended.

"Subdivision Map Act" means Title 7, Division 2, Section 66410 et seq. of the Government Code, State of California.

Tentative Map. See "tentative tract map" or "tentative parcel map."

"Tentative tract map/tentative parcel map" means a map made for the purpose of showing the design and improvement of a proposed subdivision where a tentative tract map or a tentative parcel map is required pursuant to Section 16.02.010, (Applicability) of this title, and for showing the existing conditions in and around it but not necessarily based upon an accurate or detailed final survey of the property (includes vesting tentative map).

"Vehicular access rights" means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from adjacent or contiguous land.

"Vesting tentative map" means a tentative map which meets the requirements of Government Code, Section 66452, as amended, and Chapter 16.03, (Vesting Tentative Maps) of this title.

"Zoning code" means Title 17 of the Irwindale Municipal Code, as it may be amended from time to time.

(Ord. No. 698, § 4, 10-14-15)

In case of conflict between the provisions of this title and those of the Subdivision Map Act, the latter shall control.

(Ord. No. 698, § 4, 10-14-15)

The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation inset forth in the zoning code, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city.

(Ord. No. 698, § 4, 10-14-15)

The community development director and city engineer are authorized and directed to administer and enforce the provisions of this title except as otherwise provided for in this title.

(Ord. No. 698, § 4, 10-14-15)

The duties, responsibilities, and authority for review by the commission, city engineer, and community development director, and appeal thereto, of each type of subdivision application are specified in Table 1. "Review Authority for Subdivision Decisions." Decisions of the city engineer and community development director may be appealed to the commission. Actions taken by the commission may be appealed to the city council. All appeals shall be made pursuant to the provisions set forth in the zoning code.

Table 1. Review Authority for Subdivision Decisions

(Ord. No. 698, § 4, 10-14-15)

This title does not apply to leases, conversions, transactions, conveyances or other acts which are specifically designated as excluded pursuant to the Subdivision Map Act.

(Ord. No. 698, § 4, 10-14-15)

At the time an application is filed pursuant to this title, funds sufficient to cover the estimated costs to be incurred by the city in processing maps, plans and requests filed pursuant to the provisions of this title shall be paid to the city in compliance with the city's adopted fee schedule.

(Ord. No. 698, § 4, 10-14-15)

Prior to issuance of a building permit or certificate of occupancy on any lot within the city, a subdivision application shall be approved in compliance with the provisions of this title.

(Ord. No. 698, § 4, 10-14-15)

Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least ten calendar days before the hearing, as outlined below. For purposes of this section the ten day notification period shall not include the day of the hearing.

A.

Mailing. Notice for all matters shall be mailed or delivered, through the U.S. Mail, to all of the following:

1.

The owners of the property being considered in the application, or the owners' agent, and the applicant or the applicant's agent;

2.

All owners of property located within a five hundred-foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the community development department the names and addresses of all owners required by this section;

3.

Any person or local agency who has filed a written request for notice with the community development director.

B.

Posting of a Sign and Notice. Notice shall be posted at public locations as determined by the community development director.

C.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (A)(2) of this section is more than one thousand, the community development director may choose to provide the alternative notice specified by Government Code Section 65091(a)(4).

D.

Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority.

(Ord. No. 698, § 4, 10-14-15)

The community development director may at his/her discretion require that an application for a tentative map or final map be reviewed concurrently with another discretionary application required for a development or project. An applicant may request that applications for tentative and final maps be processed concurrently with other development applications necessary to implement a development or project. The concurrent processing of applications shall require the applicant to sign a waiver acknowledging that:

A.

Should changes be required to approve the tentative or final map requiring corresponding revisions to the development applications being concurrently processed, the applicant is solely responsible for any additional charges and costs incurred to make such revisions.

B.

The charges accrued for the review of the original development applications prior to such revisions to the tentative or final map will not be refunded.

C.

The applicant may be required to file revised applications to conform to the approved tentative or final map.

D.

The community development director may at his/her discretion require that tentative and final maps submitted for concurrent review with another discretionary application requiring review and approval by a higher review authority than that established for the tentative or final map be reviewed and approved concurrently by the same higher review authority.

(Ord. No. 698, § 4, 10-14-15)

Where uncertainty exists regarding the interpretation of any provision of this title or its application to a development, the community development director shall render the interpretation.

(Ord. No. 698, § 4, 10-14-15)

As a condition of approval for any application made pursuant to this title, the applicant shall be required to defend, indemnify, and hold harmless, the city and its agents, officers, and employees from any claim, action, or proceeding brought against the city or its agents, officers and employees to attack, set aside, void, or annul, an approval by the review authority or the city council of a subdivision pursuant to the provisions of this title. Such indemnification shall comport with the requirements of the city's standard condition of approval for all subdivision maps.

(Ord. No. 698, § 4, 10-14-15)

16.01.150 - Enforcement.

Any person violating or causing the violation of any of the provisions of this title shall be subject to the enforcement provisions of this section.

A.

Denial of Permit. No subdivision approval shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of this title or the Subdivision Map Act that were applicable at the time such division occurred, unless the community development director finds that development of such real property is not contrary to the public health, welfare or safety. A subdivision approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property.

Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he/she may file an application with the community development director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance.

B.

Notice of Violation. Whenever the community development director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he/she shall cause to be filed for record with the county recorder notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the community development director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date, and the place at which the owner may present evidence to the community development department why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the community development director shall file a release of the notice of intention to record a notice of violation with the county recorder. If, after the owner has presented evidence, the community development director determines that the property has, in fact, been illegally divided, or within sixty days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the community development department as to why the involved real property has not been illegally divided, the community development department shall record the notice of violation with the county recorder. The notice of intention, to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

C.

Prohibition.

1.

No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease or financing thereof, or allow occupancy thereof, for which a tentative and final map are required by this title, except model homes, until one of the following occurs at the discretion of the community development director:

a.

Such tentative map thereof, in full compliance with the provisions of this title, has been approved by the city; or

b.

Such final map thereof, in full compliance with the provisions of this title has been filed for record by the county recorder.

2.

Conveyances of any part of a division of real property for which a final map is required by this title, shall not be made by parcel or block number, initial or other designation until such final map has been filed for record by the county recorder.

3.

This section does not apply to any parcel of a division offered for sale, lease or finance, contracted for sale, lease or finance, or sold, leased or financed in compliance with or exempt from this title at the time the land division was established.

D.

Procedures, Remedies and Penalties. In addition to any other remedies available to the city for enforcement, the procedures, remedies and penalties for violation of this title and for recovery of costs related to enforcement are provided for in Sections 1.16.110 through 1.16.140 of the Irwindale Municipal Code.

(Ord. No. 698, § 4, 10-14-15)

Chapter 16.02 - TENTATIVE MAP FILING AND PROCESSING