Diamond Bar Municipal Code Ch. 21.02 Administration of Subdivision Ordinance

This chapter assigns the responsibility and authority for the administration and enforcement of this title, and the processing, review, approval or disapproval of the subdivision applications required by this title.

(Ord. No. 01(1999), § B, 2-2-99)

The deputy city manager responsible for community and development services, hereafter referred to as the "director," is authorized and directed to administer and enforce the provisions of this title and applicable provisions of the map act for subdivisions within the city, except as otherwise provided by this title.

(Ord. No. 01(1999), § B, 2-2-99)

An advisory agency as described in the map act is hereby established, and shall be assigned authority and duties as provided by this section.

(1) Composition of advisory agency. The advisory agency shall be the planning commission, hereafter referred to as the "commission," as determined by section 21.02.040 (authority for subdivision decisions).

(2) Authority and duties. The advisory agency shall:

a. Recommend to the city council, hereafter referred to as the "council," the approval, conditional approval, or disapproval of all tentative maps, and requests made to modify the design and improvement standards of this title in compliance with section 21.03.050 (exceptions to subdivision standards);

b. Recommend modifications of the requirements of this title;

c. Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Los Angeles County in compliance with the provisions of the map act when the advisory agency (Los Angeles County) requests such review;

d. Approve, conditionally approve, or disapprove parcel map waiver applications in compliance with section 21.22.030 (waiver of parcel map); and

e. Perform additional duties and exercise additional authorities as prescribed by law and by this title.

(Ord. No. 01(1999), § B, 2-2-99)

Table 1-1 (authority for subdivision decisions) identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decisions required by this title.

TABLE 1-1 AUTHORITY FOR SUBDIVISION DECISIONS

(Ord. No. 01(1999), § B, 2-2-99)

(a) Notice of violation. Any city officer or employee who has knowledge that a real property has been divided in violation of the map act or this title, shall immediately notify the director. Upon receipt of the information, the director shall file a notice in compliance with the map act. The director shall also schedule a hearing before the commission for the purpose of determining whether a final notice of violation shall be recorded in compliance with the map act. The owner of the real property shall be notified of the time, date, and place of the hearing, of his/her right to present evidence at the hearing, and shall be advised that if the commission determines a violation to have occurred, a final notice of violation shall be recorded no sooner than 60 days following receipt by the property owner of a copy of the first recorded notice. The decision of the commission may be appealed to the council.

(b) Permit issuance prohibited. No commission, officer, or employee of the city shall issue any certificate or permit, or grant any approval necessary to develop any real property within the city if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the map act or this title.

(Ord. No. 01(1999), § B, 2-2-99)