Bell Municipal Code Ch. 16.04 Subdivisions Generally

The provisions of this title are adopted pursuant to the Subdivision Map Act (Section 66410 et seq., of the Government Code: hereafter "Act") for the purpose of regulating the design and improvement of subdivisions, and regulating other divisions of land within the city.

(Prior code § 7000)

This title shall be referred to as the city's subdivision regulations.

(Prior code § 7001)

Except where the context otherwise clearly requires, the definitions set forth hereinafter shall be applied to the words and phrases used in this title.

The definitions set forth in the Act shall be deemed to be definitions applicable to the same words and phrases used in this title:

The definitions set forth in the Bell zoning regulations shall be deemed to be definitions applicable to this title.

"City"

means the City of Bell.

"City clerk"

means the city clerk of the City of Bell.

"Director of community services"

means the director of community services of the City of Bell.

Lot Split.

Whenever the phrase "lot split" is used in this title, it shall be deemed to mean a division of land, improved or unimproved, as shown on the latest equalized Los Angeles County assessment roll, as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, which has the effect of creating four or less lots. Units shall be considered contiguous even if the same are separated by highways, alleys, streets, utility or public easements or railroad rights-of-way. "Lot split" shall also include a condominium project as defined in the Civil Code and a community apartment project defined in the Business and Professions Code. Conveyance of land to a public entity or public utility shall not be considered a division of land for the purposes of computing the number of parcels or lots to be created by a lot split.

(Prior code § 7002(d))

Pursuant to the Act, the following designations are made:

A. Advisory Agency. The planning commission shall act as the advisory agency within the meaning of the Act and shall report its findings and recommendations on subdivisions and other matters within its jurisdiction as described in the Act, and in this title, to the city council.

B. Appeal Board. The city council shall act, where appropriate, as the appeal board for purposes of the Act and this title.

(Prior code § 7002(a))

A. Tentative Maps. Whenever the Act or this title require that a parcel map be prepared and submitted for approval and recordation, a tentative map shall first be prepared and submitted in accordance with the provisions of the Act and/or this title.

B. Filing of Maps. Whenever a tentative, final or parcel map is required to be filed pursuant to the Act or this title, such map shall be filed with the director of community services.

(Prior code § 7002(b))

A. No subdivision, lot split or other division of land contemplated by the Act and/or this title shall be approved unless the following improvements are constructed or required to be constructed in order to service the lots being created:

1. An adequate distribution system designed and constructed for the purpose of supplying domestic water for use on each lot proposed to be created; and

2. An adequate sewage system designed and constructed to serve each lot being created; and

3. An adequate stormwater drainage system designed and constructed so as to serve each of the lots proposed to be created; and

4. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created; and

5. An adequate system designed and constructed so as to provide all necessary utilities to each lot proposed to be created, including, but not limited to facilities for water, natural gas, electricity, telephone services; and

6. Any and all other public improvements necessary to provide all services to each lot proposed to be created.

B. Each tentative map shall be reviewed by the staff, the advisory agency and/or the city council, except as provided in Section 16.04.160, and thereafter steps shall be taken to ensure that all of the improvements reasonably required to service all of the lots proposed to be created are specifically required as conditions of approval on such tentative maps.

(Prior code § 7003)

Whenever improvements are required to be constructed, pursuant to the Act or this title, the construction of such improvements shall be accomplished in compliance with the city's standards therefor, which have heretofore been adopted by the city council of this city. Copies of such standards are on file in the office of the city clerk of this city and are available for public inspection.

(Prior code § 7002(c))

No subdivision, lot split or other division of land contemplated by the Act or this title shall be approved unless the subdivider and/or owner dedicates to the city, or, at the option of the city, makes irrevocable offers of dedication to the city, of sufficient interests in real property, located within the boundaries of the subdivision, lot split or other division of land, to accommodate all streets, alleys, drainage facilities, sewage facilities, public utility easements and such other easements, as may be deemed necessary to properly service the lots proposed to be created, including, but not limited to, dedication, or irrevocable offers of dedication, of access rights and/or abutter's rights of whatever kind or nature. Where appropriate on a particular subdivision, lot split or other division of land contemplated by the Act or this title, the waiver of direct access rights, as contemplated by Section 66476 of the Act may be required, if the public interest necessitates such waiver as determined by the city council.

A. Director of Community Services Action.

1. Where the director of community services finds that any of the lots proposed to be created would not comply with applicable provisions of this code, or if he or she finds that any facts exist which would, pursuant to the Act, be a basis for denying a subdivision, he or she shall deny such application.

2. Where the director of community services finds that the lots proposed to be created will comply with this code, but that certain improvements and/or dedications are required to properly service a lot proposed to be created, the director of community services shall approve the lot split application conditionally, so as to ensure that all such improvements and/or dedications will be constructed in accordance with the city's standards therefor. The action of the director of community services upon a lot split application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth.

B. Appeal of Decision of Director of Community Services.

1. Any interested person may appeal the action of the director of community services with reference to a lot split application by filing a written letter of appeal with the secretary of the planning commission describing therein the basis for such appeal; the secretary of the planning commission shall not accept such a letter of appeal unless a filing and processing fee of $35 has been paid, and such letter of appeal is filed with the secretary of the planning commission within not to exceed 10 calendar days following the director of community services' action. Upon receipt of a timely filed appeal, the secretary of the planning commission shall place the matter on the planning commission's agenda at its next most convenient meeting.

2. At the time that such appeal is reviewed by the planning commission, it shall herein consider the application, the staff report and all other relevant evidence presented by the applicant or any other interested person concerning such lot split. Thereafter, the planning commission shall take one of the following courses of action:

a. If it finds that the lots proposed to be created will not comply with all applicable provisions of this code, including but not limited to, the zoning regulations, or, if it finds that any facts exist which would, pursuant to the Act, be a basis for disapproving a subdivision, it shall deny such application; or

b. If it shall find that the lots proposed to be created will meet the provisions of this code, but that improvements and/or dedications are required, it shall conditionally approve such application in such manner as is necessary to ensure construction of such improvement and/or dedications and to guarantee that prior to the filing of the final map the same will be constructed or guaranteed in an appropriate manner; or

c. If it finds that the lot proposed to be created will meet the requirements of this code, and that no dedication or improvements are required, it shall approve the tentative map. All actions of the planning commission shall be final and conclusive in the absence of an appeal taken in the time and manner hereinafter set forth.

C. Appeal of Planning Commission Decision.

1. Any interested person may appeal the action of the planning commission with reference to a lot split application by filing a written letter of appeal with the city clerk, describing therein the basis for such appeal; the city clerk shall not accept such a letter of appeal unless a filing and processing fee of $35 has been paid, and such letter of appeal is filed with the city clerk within not to exceed 10 calendar days following the planning commission's action. Upon receipt of a timely filed appeal, the city clerk shall place the matter on the city council's agenda at its next most convenient meeting.

2. At the time that such appeal is reviewed by the city council, it shall herein consider the application, the staff report and all other relevant evidence presented by the applicant or any other interested person concerning such lot split. Thereafter, city council shall take one of the following courses of action:

a. If it finds that the lots proposed to be created will not comply with all applicable provisions of this code, including but not limited to, the zoning regulations, or, if it finds that any facts exist which would, pursuant to the Act, be a basis for disapproving a subdivision, it shall deny such application; or

b. If it shall find that the lots proposed to be created will meet the provisions of this code, but that improvements and/or dedications are required, it shall conditionally approve such application in such manner as is necessary to ensure construction of such improvement and/or dedications and to guarantee that prior to the filing of the final map the same will be constructed or guaranteed in an appropriate manner; or

c. If it finds that the lot proposed to be created will meet the requirements of this code, and that no dedication or improvements are required, it shall approve the tentative map. All actions of the city council shall be final and conclusive.

D. The precise areas proposed for such dedication or offers of dedication shall be established as conditions of approval on the tentative map proposed for such subdivision, lot split or other division of land.

E. Parcel Maps. Where dedication of property is required with reference to a parcel map, such dedication shall be accomplished by a certificate placed upon the face of the parcel map in the same manner as is required of a final map pursuant to the Act.

(Prior code §§ 7004, 7005)

Notwithstanding the provisions of Sections 16.04.070 and 16.04.080 of this chapter, no improvements and/or dedications shall be required of any lot split where the lots proposed to be created by such lot split are already serviced by existing improvements and/or dedications.

(Prior code § 7006)

Improvements and/or dedications required pursuant to Sections 16.04.070 and 16.04.080 of this chapter, with reference to a subdivision, lot split or other division of land contemplated by the Act and/or this title, may be so required whether or not the same are included within the boundaries of the tentative map for such subdivision, lot split or other division of land contemplated by the Act or this title, provided that such improvements and/or dedications are reasonably required to service the lots proposed to be created by such land division.

(Prior code § 7007)

Where the city council finds that the public interest so requires, it may, as a condition of approval on a subdivision, lot split or other division of land contemplated by the Act or this title, require that there be a reservation of land made for parks, recreational facilities, fire station, libraries or other public uses, as contemplated by Section 66479 of the Act. No such reservation shall be so imposed in compliance with the provisions of the Act.

(Prior code § 7008)

Pursuant to Section 66485 of the Act, where the city council finds that the public interest so requires, it shall be deemed a requirement of this title for any subdivision, lot split or other division of land contemplated by the Act or this title, that the subdivider shall supplement the size, capacity or number of any improvements otherwise required for the benefit of the lots proposed to be created, which supplemental size, capacity and/or number is for the benefit of property not included within such subdivision, lot split or other division of land contemplated by the Act or this title. Where such supplemental improvements are so required, reimbursement agreements shall be executed, as is provided in Section 66486 et seq., of the Act.

(Prior code § 7009)

A. A soils report, as contemplated by Section 66490 of the Act, shall be required for each subdivision, lot split or other division of land contemplated by the Act or this title. Notwithstanding the provisions of this section, the city council may waive the requirement of a preliminary soils report if it finds that due to the knowledge the staff has concerning quality of the soils included within the subdivision, lot split or other division of land, no such preliminary analysis is necessary.

B. Where soils reports are required, and the same disclose an unstable condition, the city shall require appropriate steps to be taken to correct such condition, or, if such unstable condition cannot be eliminated, the subdivision, lot split, or other division of land shall be disapproved.

(Prior code § 7010)

With respect to any subdivision, lot split or other division of land contemplated by the Act or this title, as to which certain improvements are required pursuant to the Act or this title, and the improvements are not constructed and installed in accordance with the city's standards therefor, as of the time of submission of a final map for approval, the city council, in its discretion, may execute an agreement with the subdivider or other qualified person, providing for the construction of such improvements, provided that any such agreement shall contain provisions concerning security for the construction of such improvements. Such security shall consist of the type described in Subdivisions (b) and (c) of Section 66499 of the Act, whichever may be authorized by the city council. The amount of such security shall be set in accordance with Section 66499.3 et seq., of the Act.

(Prior code § 7011)

A filing and processing fee of $100 for each tentative map and $50 for each final map for all subdivisions, except as provided in Section 16.04.160(B) of this chapter, shall be paid to the city at the time of filing of such map.

(Prior code § 7012)

The provisions of this section shall apply to the processing of lot splits.

A. Filing. All applications for lot splits shall be filed, together with a tentative map therefor, with the director of community services; and

B. Fees. At the time of application for a lot split, the applicant shall pay to the city treasurer a filing and processing fee of $35; and

C. Staff Review. The director of community services shall circulate the application for a lot split, together with the tentative map relating thereto, to affected city departments for review and comment.

1. If it finds that the lots proposed to be created will not comply with all applicable provisions of this code, including but not limited to, the zoning regulations, or, if it finds that any facts exist which would, pursuant to the Act, be a basis for disapproving a subdivision, it shall deny such application; or

2. If it shall find that the lots proposed to be created will meet the provisions of this code, but that improvements and/or dedications are required, it shall conditionally approve such application in such manner as is necessary to ensure construction of such improvement and/or dedications and to guarantee that prior to the filing of the final map the same will be constructed or guaranteed in an appropriate manner; or

3. If it finds that the lot proposed to be created will meet the requirements of this code, and that no dedication or improvements are required, it shall approve the tentative map. All actions of the city council shall be final and conclusive.

(Prior code § 7013)

A. Where a division of real property, by sale or lease, has taken place, which division requires conformance to the provisions of Section 16.04.160 of this chapter, Lot split procedure, but approval has not been obtained as provided in that section, 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 lot split map on his or her property but the same has been refused, by reason of noncompliance with that section, the city council may by motion direct the director of community services to accept a partial lot split map for filing relating to such purchaser's property only, provided that such purchaser agrees that he or she will construct improvements and dedicate areas as may be necessary to comply with the provisions of such Section 16.04.160, Lot split procedure, if it finds the following facts to be present:

1. That the purchaser at the time of his or her purchase of the property was unaware of the application of the provisions of Section 16.04.160 to his or her property; and

2. That the purchaser has unsuccessfully attempted to obtain the approval and concurrence of the other purchasers and/or his or her vendor in the filing of a lot split map covering all of the property divided without compliance with Section 16.04.160; and

3. That to refuse to accept a lot split map relating to the property of the injured purchaser only, will work an undue hardship upon such person; and

4. That 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 lot split map, nor shall it be deemed to waive or modify the requirements for such filing on all remaining portions of property so divided.

(Prior code § 7014)