La Puente Municipal Code Ch. 11.04 General Provisions

Sections:

• 11.04.010 Short title.

• 11.04.020 Purpose.

• 11.04.030 Authority.

• 11.04.040 References to other laws.

• 11.04.050 Compliance required.

• 11.04.060 Exemptions.

• 11.04.070 Building permits.

• 11.04.080 Penalty for noncompliance.

• 11.04.090 Transaction voidable.

• 11.04.100 Other remedies.

• 11.04.110 Falsifications.

• 11.04.120 Division of land review committee.

• 11.04.130 Advisory agency.

• 11.04.140 Modifications.

• 11.04.150 Certificate of compliance.

• 11.04.160 Notice of violation.

This title may be cited as the “Division of Land Ordinance.”

(Ord. 537 § 2 (part), 1985)

This title is intended to promote the conservation, stabilization, and protection of property values through orderly growth and development, the provision of necessary public and private facilities, and generally, the public health, safety, and general welfare within the incorporated territory.

(Ord. 537 § 2 (part), 1985)

The provisions of this title derive their authority from the California State Subdivision Map Act, and from Article XI, Section 11 of the Constitution of the state of California. This title shall regulate the design and improvement of divisions of land within the corporate boundary of the city and shall augment the provisions of the Subdivision Map Act.

(Ord. 537 § 2 (part), 1985)

Whenever reference is made to an ordinance of the city or to a statute of the state of California, such reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such ordinances or statutes.

(Ord. 537 § 2 (part), 1985)

A person shall not sell, lease, finance, or transfer title to a portion of a division of land or real property for which a final map or parcel map is required by the Subdivision Map Act or this title, or offer to do so, by contract to do so, until a final map or parcel map thereof, in full compliance with the provisions of this title and of the Subdivision Map Act, has been filed in the office of the recorder of the county except as specifically exempted by the Map Act.

(Ord. 537 § 2 (part), 1985)

The provisions of this title do not apply to any portion of a division of land in full compliance with or exempt from any law which was in effect at the time the division was established.

(Ord. 537 § 2 (part), 1985)

No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall a portion of any parcel be used when not conforming to the provisions of this title.

(Ord. 537 § 2 (part), 1985)

Violation of this title which is not also prohibited by the Subdivision Map Act or by any other state statute, is a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 537 § 2 (part), 1985)

The determination and abatement of a violation of the Subdivision Map Act shall be in accordance with Sections 66499.30, 66499.31, 66499.32, 66499.33, 66499.34, 66499.35, 66499.36, and 66499.37 of the State Government Code.

(Ord. 537 § 2 (part), 1985)

The provisions of this title are not intended to prohibit any legal, equitable, or summary remedy to which the city or other political subdivision, or any person may otherwise be entitled, and the city or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this title.

(Ord. 537 § 2 (part), 1985)

Inaccurate or missing pertinent information shall be sufficient reason to invalidate in whole or in part any approval obtained pursuant to this title.

(Ord. 537 § 2 (part), 1985)

There is created a division of land review committee consisting of the following officers or their duly authorized representatives:

(a) The director of planning;

(b) The city engineer;

(c) The fire chief;

(d) The superintendent of streets;

(e) The chief engineer of the Los Angeles County flood control district;

(f) Such other city officers or representatives of other agencies which in the opinion of the director of planning have an interest in a proposed division of land.

The director of planning shall be the chairman of the division of land review committee.

(Ord. 537 § 2 (part), 1985)

(a) The city planning commission is designated as the “advisory agency” as that term is used in the Subdivision Map Act, except for minor lot line adjustments not resulting in the creation of any new parcel, certificates of compliance, and notices of violation for which the director of planning is so designated and for which he is authorized to report directly to the subdivider or applicant.

(b) The advisory agency shall have all of the powers and duties granted or imposed by said Subdivision Map Act except as assigned to the city council by this title.

(Ord. 537 § 2 (part), 1985)

(a) Whenever, in the opinion of the city council, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in this title, the city council may, at the time of action on the tentative map of the subdivision, modify the regulation; provided, that in the case of each modification the city council shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided, further, that the city council shall make a report in writing setting forth each modification and the facts relied upon for making the modification.

(b) The advisory agency, or the city council shall waive the provisions of this title and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the advisory agency or the city council, does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this title, the Subdivision Map Act or any other ordinance, statute or regulation.

(Ord. 537 § 2 (part), 1985)

The advisory agency is authorized to make all required determinations on certificates of compliance pursuant to the provisions of Sections 66499.34 and 66499.35 of the Subdivision Map Act. A property owner dissatisfied with an action of the advisory agency on a certificate of compliance may appeal to the city council. A vendee of real property pursuant to a contract of sale may also appeal to the city council. All appeals shall be submitted and acted upon in the manner prescribed in Section 66452.5 of the Government Code.

(Ord. 537 § 2 (part), 1985)

The advisory agency is authorized to make all required determinations on notices of violation pursuant to the provisions of Section 66499.36 of the Subdivision Map Act. A property owner dissatisfied with an action of the advisory agency on a notice of violation may appeal to the city council. All appeals shall be submitted and acted upon in the manner prescribed in Section 66452.5 of the Government Code. Any city official having knowledge of a possible violation of the provisions of the Subdivision Map Act or this title, shall direct such information to the advisory agency. If the advisory agency, either on its own initiative or upon investigation of information received from another city official or any other interested person, determines that real property has been divided in violation of the Subdivision Map Act or of this title, it shall initiate the procedures set forth in Section 66499.36 of the Subdivision Map Act.

(Ord. 537 § 2 (part), 1985)