Azusa Municipal Code Art. VIII Minor Land Divisions

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director of public works includes the city engineer.

Map means a parcel map as that phrase is defined in the Subdivision Map Act (Government Code § 66410 et seq.) to which reference is made. This map shall be prepared in accordance with such statute and shall contain all the information as required by such statute.

Minor land divisions means any real property, improved or unimproved, or portion thereof which is shown on the equalized assessment roll of the county in effect on August 5, 1960, as a unit or as contiguous units or any lot or parcel created subsequent to August 5, 1960, by subdivision or minor land division, which is divided or is proposed to be divided for immediate or future sale or lease, by any person, into four or less parcels. The term "minor land divisions" shall not include any:

(1) Lease which is for a period of two years or less.

(2) Lease or any part of an apartment house, community apartment project, commercial building or trailer park, which does not involve a division of real property.

(3) Division of any single lot or parcel of land into condominiums as defined in Civil Code § 783.

Notice means written notice, deposited in the United States mail, postage prepaid, addressed to the applicant, appellant or other interested person, at his last known mailing address.

Subdivider means any person who applies for a minor land division pursuant to this article.

(Code 1971, § 18.36.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall divide any real property into four or less lots without first complying with this article. Any deed of conveyance, sale, contract to sell or lease made contrary to this article is voidable at the sole option of the grantee, buyer, lessee or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell or lease, but the deed of conveyance, sale, lease or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those enumerated in this section and upon the grantor, vendor or person contracting to sell or his assignee, heirs or devisee.

(Code 1971, § 18.36.020)

Any person desiring to obtain approval of a minor land division under this article shall file a map with the director of public works in the number, form and manner prescribed in division 4 of article III of this chapter. A filing fee of $30.00 plus $1.00 for each lot shall be paid concurrently therewith. In addition, the cost of recordation of $5.00 for the first sheet and $2.00 for each additional sheet shall be tendered.

(Code 1971, § 18.36.030)

The director of public works shall approve a map filed with him under this article if all the following conditions are found by him to exist:

(1) Each new parcel or lot resulting from the proposed division, as shown on the map, will abut upon a dedicated and improved public street.

(2) No street dedication or improvement is proposed or necessary to properly service the property.

(3) No dedication for street opening is required to service new lots or parcels.

(4) No installation of public utility lines or facilities or dedication of easements therefor would be required if the area were being developed as a subdivision pursuant to this Code and the Subdivision Map Act.

(5) The form and content of the map complies with this article.

(Code 1971, § 18.36.040)

(a) Under this article, all streets, highways and parcels of land shown on the map and intended for any public use shall be offered for dedication for such public use in the form and manner approved by the city attorney and accepted by the city prior to approval of the map.

(b) The subdivider shall construct all curb, gutter, pavement, base and excavation necessary for the complete construction of the half street bordering the entire parcel and the entire streets within the boundary of the map.

(c) The subdivider shall construct any sidewalks contained within the boundary of the map or bordering the map.

(d) The subdivider shall construct all mainline sewers, including manholes and laterals, provided the boundary of the map is within 300 feet of an existing sewer line.

(e) The subdivider shall provide for installation and connection of water lines within the boundary of the map to any existing public utility water line.

(f) The subdivider shall provide the necessary grading or storm drains to drain adequately the area contained within the boundary of the map.

(g) Any other offsite improvements necessary for the proper development of the area contained within the boundary of the map shall be included and so labeled thereon.

(h) All improvements shall be installed to grades and specifications approved by the director of public works.

(i) Two prints each of plans, profiles and specifications of proposed improvements shall be furnished to the director of public works prior to the time of approval of the map and shall be approved by the director of public works prior to the commencing of any construction or improvements. Such plans and profiles shall be prepared according to city standards.

(j) No improvement shall be deemed to be proposed or necessary, within the meaning of section 66-464, where such improvement has been completed or has been provided for prior to the approval of the map by an agreement executed by all necessary parties, including the city. Such agreement shall provide for the construction of such improvement and shall require the posting of a bond or a letter of credit to insure faithful performance of the provisions of the agreement, provided that the city council, upon the showing of good cause, may waive the bonding requirement as imposed in this section.

(Code 1971, § 18.36.050)

(a) Approval. Upon receiving a map as required in this article, the director of public works shall, as soon as is practicable, determine whether the conditions required by section 66-464 exist and that the map complies with all other applicable laws. If such conditions are met and compliance is had with all applicable laws, he shall thereupon endorse his approval of the map, indicating the fact of such approval. Thereafter, the map shall be recorded in the office of the county recorder and the applicant shall bear the cost thereof.

(b) Disapproval. If the director of public works finds that the requirements of section 66-464 do not exist and that compliance is not had with any other applicable law, he shall disapprove the map, including but not limited to chapter 86 of this Code, and give the applicant notice of such action.

(Code 1971, § 18.36.060)

(a) Any person aggrieved by the determination of the director of public works with reference to a map required under this article may appeal that decision to the planning commission by filing with the secretary of the commission a written letter of appeal, not later than ten days after the giving of notice by the director of public works, together with such sum as established by the council from time to time, as and for a filing and processing fee. The secretary shall thereupon advise the director of public works of such appeal; the director of public works shall transmit to the secretary his file with reference to the matter so appealed. The secretary of the commission shall give ten days' notice of the time and place of hearing to the applicant and all other persons requesting such notice. The commission shall as soon as possible thereafter hold a hearing to review the file and the proposed map. If the commission finds that the conditions required by section 66-464 exist and compliance is had with all applicable laws, it shall, by resolution, approve the map.

(b) If the commission finds that dedication for street utility and other purposes is required to properly service such property or if it finds that any of the improvements referred to in this article are required, it shall conditionally approve the map in such manner as is necessary to ensure that such dedication or improvement will be accomplished within a reasonable time. A copy of the map shall be attached, as an exhibit, to the commission's approving the map. If the commission approves the map, the director of public works shall endorse his approval of the map. Thereafter, the map shall be recorded in the office of the county recorder and the applicant shall bear the cost thereof.

(c) The action of the commission shall be final in the absence of an appeal, as provided in section 66-468.

(Code 1971, § 18.36.070)

(a) Under this article, any person aggrieved by the decision of the commission with reference to a map may, not later than the day following the next regularly scheduled council meeting, file a written letter of appeal with the city clerk, together with $10.00 as and for a filing and processing fee, appealing the decision of the commission to the council or the council may, upon motion, determine to review the decision of the commission in the same manner as if an appeal has been filed by a person aggrieved by such a decision.

(b) Upon notification by the clerk of such appeal, the secretary of the commission shall transmit to the clerk the commission's file with reference to the matter appealed. The clerk shall place the matter on the council's agenda as soon as possible thereafter and shall give the appellant and any other interested person requesting such notice ten days' written notice of the time and place of such hearing. The council shall at the time of such hearing review the matter and by resolution shall affirm, modify or reverse the commission's decision. The determination of the council shall be final and conclusive.

(Code 1971, § 18.36.080)

Before any map is approved pursuant to the appeal procedures of this article, it shall be reviewed by the director of public works to ensure that the map contains all the information required by this article and, if dedication is required, that the applicant has supplied title reports relating thereto.

(Code 1971, § 18.36.090)

Under this article, neither the commission nor the council shall be required to hold a formally noticed public hearing upon an appeal with reference to a map. The commission and the council shall hear all relevant evidence offered by appellant and any other interested person, with reference to the map, and consider the files and any staff report therein included.

(Code 1971, § 18.36.100)

(a) Where a division of real property, by sale or lease, has taken place, which division requires conformance to this article, but city approval has not been obtained as provided in this article and the purchaser of one or more of the parcels so divided has been refused a building permit or a certificate of occupancy or has attempted to file a map on his property but the map has been refused, by reason of noncompliance with this article, the city council may by motion direct the director of public works to accept a map for a partial minor land division, for filing relating to such purchaser's property only, provided that such purchaser agrees that he will construct improvements and dedicate areas as may be necessary to comply with this article, if it finds the following facts to be present:

(1) The purchaser at the time of his purchase of the property was unaware of the application of this article to his property;

(2) The purchaser has unsuccessfully attempted to obtain the approval and concurrence of the other purchasers or his vendor in the filing of a map covering all of the property divided without compliance with this article;

(3) To refuse to accept a map relating to the property of the injured purchaser only will work an undue hardship upon such person; and

(4) The public interest will be furthered by permitting such filing.

(b) Nothing in this section shall be deemed to relieve any owner, purchaser or vendor of any real property from the filing of a map for approval nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided.

(Code 1971, § 18.36.110)