§ 16.10

It is the purpose of this title to regulate and control the division of land within the city and to supplement the provisions of the California Government Code referred to as the Subdivision Map Act, the Public Resources Code, the Business and Professions Code, and to all other regulations provided by law, concerning the design, improvement and survey data of subdivisions, the form and content of maps provided for by the Subdivision Map Act and the procedure to be followed in securing official approval regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land and to ensure provision for adequate traffic circulation, utilities, and services.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Subdivision Approvals Required. The regulations set forth in this title apply to all parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by this title.

B.

Compliance Required. The applicable standards and requirements specified in this title shall apply to all Tentative Maps, Vesting Tentative Maps, Final Maps, Parcel Maps, Lot Line Adjustments, Lot Mergers, Reversion to Acreage Maps, Urban Lot Splits, Certificates of Compliance and Condominium Conversions.

C.

Exceptions:

The provisions of this title shall not apply to federal, state or local agencies.

2.

The provisions of this title shall not apply to those items listed in Section 66412 to 66412.8 of the Subdivision Map Act, except as specified herein for Lot Line Adjustments.

3.

The provisions of this title are not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this title, or in conflict herewith. Nor is it intended by this title to repeal, abrogate, annul or in any way impair or interfere with private restrictions placed upon property by deed, covenant or other private agreements, or with restrictive covenants running with the land to which the city is a party.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Projects Approved Prior to the Adoption of this Title:

1.

Any building or structure for which a building permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said building permit was granted, provided construction is diligently pursued and completed within twelve (12) months of permit issuance. No extensions of time, except as provided for in Title 15 (Building and Construction) of the El Monte Municipal Code (EMMC), shall be granted for commencement of construction, unless the applicant has secured an allowed permit extension from the Building Official.

2.

Any previously approved permit, entitlement or subdivision map shall remain vested, subject to the requirements of the title in effect on the effective date of approval, unless the approval expires.

B.

Pending Projects. Planning permit applications that are subject to the Permit Streamlining Act, that have been submitted to the city prior to the effective date of this title, which do not require a plan amendment, rezone, or other legislative decision, shall be subject to the title under the rules in effect at the time the application was deemed complete. However, the applicant may choose to use the updated provisions of this title in their entirety.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

City Council. The powers and duties of the City Council as the legislative body under this title include, but are not limited to the following:

1.

Consider and make decisions on residential condominium conversions.

2.

Review final maps and parcel maps that include dedications, offers of dedication, easements or vacations.

3.

Hear and decide appeals from decisions of the Planning Commission.

B.

Planning Commission. The powers and duties of the Planning Commission under this title include, but are not limited to the following:

1.

Consider and make decisions on tentative maps, nonresidential condominium conversions and lot mergers initiated by the city.

2.

Make recommendations to the City Council on residential condominium conversions.

C.

City Attorney. The City Attorney shall be responsible for approving subdivision improvement agreements and for providing guidance with regard to land use law to the City Council, Planning Commission and City Engineering and Planning Division staff.

D.

Community Development Director. The Community Development Director shall be responsible for:

1.

Consider and make decisions on certificates of compliance.

2.

The processing of all tentative maps, condominium conversions, reversion to acreage maps, urban lot splits and certificates of compliance and the collection of all associated fees and deposits.

3.

The creation of all application forms and submittal requirements.

4.

Review all applications outlined in this title for conformity to the city's general plan, Zoning Code, any applicable specific plan and make recommendations to the applicable review authority.

5.

The processing and certification of documents as Planning Commission Secretary, including, and not limited to, tentative maps and reversion to acreage maps.

E.

City Engineer. The City Engineer shall be responsible for:

1.

Consider and make decisions on lot line adjustments and lot mergers initiated by property owners.

2.

The processing of all final maps, parcel maps, lot line adjustments and lot mergers and the collection of all associated fees and deposits.

3.

Establishing design and construction details, standards and specifications for all applications outlined in this title.

4.

Review all applications outlined in this title for conformity to the Subdivision Map Act and any development standards outlined in this title and make recommendations to the applicable review authority.

5.

The processing and certification of documents, including, but not limited to, final maps, parcel maps, lot line adjustments and lot mergers.

F.

Subdivision Committee. The Subdivision Committee shall be responsible for:

1.

The Subdivision Committee shall consist of representatives from the following city divisions: Planning, Building, Engineering, Utilities and Los Angeles County Fire Department.

2.

The Committee shall review all proposed tentative maps, lot line adjustments, lot mergers and reversions to acreage and provide comments to the applicable review authority.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

The applicant shall bear the burden of providing sufficient documents and exhibits to allow the Review Authority or Appeal Body to render a decision upon the application under consideration. The Review Authority or Appeal Body may request additional information before rendering a decision.

B.

It is the applicant's responsibility to certify the information contained therein. The filing of an application also grants City Engineering and Planning Division staff the right to enter the property to make any inspections necessary to render a decision on the application. All inspections shall be conducted with the owner's knowledge and advance notice shall be provided.

C.

For all calculations, it is the applicant's responsible to supply drawings that illustrate the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Community Development Director, City Engineer and Planning Division staff.

D.

Fraudulent misrepresentation by the applicant of pertinent information necessary to an approval shall be sufficient reason to invalidate an approval obtained pursuant to this title.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Table 16.10-1 lists the different permits or actions under the authority of the Planning and Engineering Divisions. For information on extensions, refer to the listed chapter:

Table 16.10-1—Subdivision Permits and Actions

Notes:

1 If no dedications, offers to dedicate easements or vacations are required, then the Review Authority shall be the City Engineer and the Appeal Body shall be the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Concurrent Filing. An applicant for a project that requires the filing of more than one application (e.g., conditional use permit, subdivision map, etc.), shall file all related applications concurrently, together with all required application fees, unless these requirements for concurrent filing are waived by the Community Development Director.

B.

Concurrent Processing. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority for which designated by this title. For example, if a project included a density bonus and a subdivision map, instead of the Community Development Director being the review authority for density bonus, the reviewing authority for both entitlements shall be the Planning Commission. For an additional example, if a project included a subdivision map and a zone change, the advisory body shall be the Planning Commission and the review authority shall be the City Council.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

The City Council or Planning Commission may continue a public hearing to a date certain without additional noticing, provided the date, time and place to which the hearing will be continued is announced before adjournment or recess of the hearing. Planning Division staff or the applicant may continue a public hearing a maximum of three (3) times to a date certain without additional noticing. If a public hearing is continued a fourth time, additional noticing shall be required.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.10.100 - Ability to appeal.

Any person may appeal a decision by the Planning Commission and Community Development Director, unless otherwise noted, as outlined below:

A.

Appeals on Planning Commission Decisions. If an applicant or any interested party is dissatisfied with any requirement, ruling, finding or disapproval by the Planning Commission, he or she may file an appeal with the City Clerk to have the case reviewed by the City Council.

B.

Appeals on Community Development Director and City Engineering Decisions. If an applicant is dissatisfied with any requirement, ruling, finding or disapproval by the Community Development Director or City Engineer, he or she may file an appeal with the Planning Commission Secretary to have the case reviewed by the Planning Commission, unless otherwise noted.

C.

Submittal Requirements. The appeal shall be made in writing and shall state the basis for disputing the determination. In addition, it should include any tangible evidence and/or authority supporting the appellant's position.

D.

Time Limits and Effective Date. The appeal must be submitted within ten (10) days following the date of the decision. If City Hall is closed on the tenth day, the deadline shall automatically extend to the next day City Hall is open to the public. For decisions that may be appealed by the public, the effective date of the decision shall not commence until the deadline to appeal has expired.

E.

Public Noticing. Notice shall be given in the same manner as that required for the original application. A public hearing shall also be required if one was required for the original application.

F.

Permits. An approval shall not be valid and no other permits dependent on its approval shall be issued until the appeal period has expired without the filing of an appeal. This shall not apply to approvals where only the applicant may appeal.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

When a discretionary land use permit, entitlement or amendment is denied or revoked, a new application for the same or substantially similar discretionary permit, entitlement or amendment for the same property shall not be filed for a minimum of twelve (12) months. This requirement may be waived by the Community Development Director if he or she is presented with compelling new evidence or proof of changed circumstances, or the application was denied without prejudice.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

An incomplete application may be considered inactive if ninety (90) or more days have passed since the application was deemed incomplete. The Community Development Director may, at his or her discretion, send the applicant a letter stating the application will be administratively withdrawn in thirty (30) days, unless one of the following occurs: (a) the applicant resubmits the application addressing all or substantially all of the corrections noted in the incomplete letter; or (b) the applicant requests the application be withdrawn, at which point the applicant may be eligible for a partial refund. However, if neither occurs, the application shall be administratively withdrawn and the applicant shall not be eligible for a refund.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Abbreviated Titles and Phrases.

1.

The Building Official may be referred to as the "Chief Building Official." Any responsibility or task of the Building Official may be performed by his or her designee. However, if special qualifications or licenses are required, the designee must also have those special qualifications or licenses.

2.

The City Engineer may be referred to as the "City of El Monte Engineer." Any responsibility or task of the City Engineer may be performed by his or her designee. However, if special qualifications or licenses are required, the designee must also have those special qualifications or licenses.

3.

The California Subdivision Map Act may be referred to as the "Subdivision Map Act" or "Map Act."

The City of El Monte General Plan may be referred to as the "General Plan."

5.

The City of El Monte Municipal Code may be referred to as the "Municipal Code" or the "EMMC."

6.

The City of El Monte Subdivision Ordinance may be referred to as this "Subdivision Ordinance" or "Title 16" or "this title."

7.

The City of El Monte Zoning Ordinance may be referred to as this "Zoning Ordinance," "Zoning Code" or "Title 17."

8.

The City of El Monte may be referred to as the "city."

9.

The City of El Monte's City Council may be referred to as the "City Council."

10.

The City of El Monte Planning Commission may be referred to as the "Planning Commission" or "commission."

11.

The Community and Economic Development Department may be referred to as the "Community Development Department" or "department."

12.

The Director of Community and Economic Development may be referred to as the "Community Development Director" or "Director." Any responsibility or task of the Community Development Director may be performed by his or her designee.

B.

Terminology.

1.

The particular controls the general.

The words "shall," "will," "is to," and "are to" are always mandatory; the word "should" is not mandatory but is strongly recommended; and the word "may" is permissive.

3.

The present tense includes the past and future tenses and the future tense includes the present.

4.

The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

5.

The words "include," "includes," and "including," mean "including, but not limited to."

6.

The word "and" means that all connected words or provisions apply; and the word "or" means that the connected words or provisions shall apply singly or in any combination.

7.

The words "either … or" indicates that the connected words or provisions shall apply singly, but not in combination.

C.

State Law Requirements. Where this title references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

D.

Conflicting Requirements. Any conflicts between different requirements of this title or between this title and other regulations, shall be resolved as follows:

1.

Development Agreements or Specific Plans. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

2.

EMMC Provisions. In the event of any conflict between requirements of this title and other regulations of the city, the Community Development Director shall determine which provision shall control.

3.

Private Agreements. It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this title became effective. This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

4.

City Adopted Guidelines. In the event of any conflict between the requirements of this title and any city adopted guidelines, this title shall control.

5.

Where provisions of this title are inconsistent with existing provisions contained in other titles of the EMMC, the provisions contained herein shall prevail.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

The Community Development Director and City Engineer, in consultation with the City Attorney, shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

B.

This Title and Other Laws and Ordinances. Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other EMMC law or ordinance, the provisions of this title shall govern.

C.

This Title and Development Agreements or Specific Plans. Where the requirements of this title and standards adopted as part of any development agreement or specific plan are in conflict, the requirements of the development agreement or specific plan shall control.

D.

Requesting an Interpretation. An applicant may request an interpretation of a provision or requirement of this title. The request shall be in writing and may include any supporting information. The Community Development Director or City Engineer shall make a director's determination in writing within thirty (30) days of the request. The decision shall constitute the precedent for all future interpretations of the provision or requirement. The Community Development Director, City Engineer and City Attorney also has the authority to initiate interpretations without a request from an applicant.

E.

Decisions of the Community Development Director and City Engineer are appealable to the Planning Commission.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Before accepting an application for filing, the City Engineering and Planning Division staff shall collect a fee for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter. The amount of the fees collected shall be in accordance with the most recently adopted City Council Resolution, which shall be posted on the City Engineering or Planning Division webpages.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

If a provision of this title or the application thereof to any person(s) or circumstance(s) is held invalid by a court of competent jurisdiction, the remainder of this title and the application of such provisions to other person(s) or circumstance(s) shall not be affected thereby.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

No land shall be subdivided and developed for any purpose which is not in conformity with the city's general plan, Zoning Code or any applicable specified plan.

B.

The type and intensity of land use(s) for which the subdivision is designed shall be consistent with the land use designations as shown on the city's general plan and Zoning Code and shall provide for the streets, roads, highways, utilities, and public services as determined by the City Engineer or by local ordinance to be necessary for such type and intensity of land use.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Pursuant to Section 66499.31 of the Subdivision Map Act, each violation of this title by the applicant or owner of record at the time of the violation, shall be punishable by imprisonment in the county jail or state prison for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000.00), or by both fine and imprisonment. Other violations shall be punishable as a misdemeanor offense.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Division 2. - Maps And Procedures Chapter 16.20 - MAPS REQUIRED