La Mirada Municipal Code Ch. 20.04 General Provisions

This title shall be known and cited and referred to as the "La Mirada Subdivision Ordinance."

(Ord. 121 § 100, 1967).

The purpose of this title and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of land within the city in order to assure compliance with the various elements of the general plan and to accomplish the following:

(1) To promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people;

(2) To govern the subdivision of land into lots and blocks for such uses as are indicated in the general plan;

(3) To ensure sound community growth and safeguard the interest of the subdivider, the homeowner and the city;

(4) To prevent excessive government operating and maintenance costs in connection with the installation of improvements;

(5) To develop land for its highest possible use consistent with the general plan and with all necessary protection against deterioration and obsolescence;

(6) To employ standards that are reasonable and equitable to all parties including the developer, investor, home owner and the city;

(7) To ensure that community facilities will be provided in accordance with the general plan including police and fire protection, adequate provisions of water supply, sanitary and storm sewers, and schools, parks and recreation areas;

(8) To encourage the safe, convenient and expeditious movement of vehicular and pedestrian traffic;

(9) And to define and limit the powers and duties of the administrative officers and bodies in connection with the preparation and filing of maps and plans as provided herein.

(Ord. 121 § 101, 1967).

This title is enacted pursuant to Section II of Article XI of the General Laws of the state of California, including the Subdivision Map Act and Chapter II, Part II, Division 4 of the Business and Professions Code. The provisions of this title are in addition to the regulations of the Subdivision Map Act and are supplemental thereto.

(Ord. 121 § 102, 1967).

A person shall not sell, place a mortgage, deed of trust, or other lien upon, or lease any subdivision or any part thereof, or offer to do so, or contract to do so, until a final map thereof, or parcel map thereof, in full compliance with the provisions of this title has been duly recorded or filed in the office of the recorder of this county. Neither this section nor any other portion of this title applies to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or commercial building, or trailer park, or to mineral, oil, or gas leases.

(Ord. 121 § 106, 1967).

It shall be the duty of the city engineer to enforce this title. All departments, officials and public employees of the city vested with duty or authority to issue permits shall conform to the provisions of this title and shall issue no permits or licenses for uses, buildings, or purposes in conflict with the provision of this title and any plan adopted hereinunder; and any such permits or business licenses issued in conflict with the provisions of this title or any plan adopted hereinunder shall be null and void. Any person who violates, disobeys, neglects or refuses to comply with or resist the enforcement of any of the provisions of this title is guilty of a misdemeanor. Each day such a violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense.

(Ord. 121 § 107, 1967).

Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary, or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease or sale, or contract agreeing thereto, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease, or contract, is binding upon any assignee or transferee of the grantee, mortgagee, beneficiary, tenant, buyer, or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord, or person so contracting, his assignee, heir, or devisee.

(Ord. 121 § 108, 1967).

The adjustment of a property line between adjacent parcels where no new parcels are created and where approved by the city engineer and director of planning and the dedication of public streets or accessway are specifically excluded from the scope of this title.

(Ord. 121 § 109, 1967).

Whenever, in the opinion of the city planning commission for the reasons stated below, the commission may approve such exceptions from the requirements and regulations of this title as in its opinion are reasonable, necessary and in conformity with the spirit and purpose of the Subdivision Map Act and of this title, when:

(1) The subdivision is of such size or shape;

(2) Is subject to such title limitations of record;

(3) Is affected by such topographic conditions; or

(4) Is to be devoted to such use that it is physically impossible or impractical.

(Ord. 121 § 110, 1967).

If any person affected is dissatisfied by any action of the city planning commission, or by the type, nature or extent of the improvements recommended to be required by the commission, such person may, within ten days after such action, appeal in writing to the city council for a public hearing thereon. The city council shall hear the appeal, after notice to the subdivider and the city planning commission. Upon hearing the appeal, the city council shall consider the record or such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make any other additional decision or determination as it may find warranted under the provisions of this title, and shall declare its finding within seven days.

(Ord. 491 § 18, 1995; Ord. 121 § 111, 1967).

Approvals of land divisions obtained as a consequence of fraudulent action or misrepresentation of pertinent information are invalid.

(Ord. 121 § 112, 1967).