La Verne Municipal Code Ch. 16.08 Administration

The procedure to be followed in securing approval of and documenting subdivisions, parts of subdivisions or divisions of land into lots or parcels, wholly or partially within the city shall be governed by the provisions of the Subdivision Map Act (Government Code Section 66000 et seq.) and by the additional provisions of this title.

(Ord. 858 § 3, 1994)

It is unlawful for any person, as principal agent, or otherwise, to divide or subdivide for lease, sale or financing, into two or more parcels of land, or to lease, sell, convey, quit claim or transfer by contract, deed or otherwise, or after such division or subdivision to offer for lease or sale, any land or any part thereof whether improved, or unimproved, in the city, unless and until all of the requirements provided in this title have been complied with. Such requirements shall not apply to the leasing of apartment, offices, stores or similar space within any apartment building, industrial building, commercial building or trailer park.

(Ord. 858 § 3, 1994)

It is unlawful for any person, as seller, buyer, agent or otherwise, for the purpose of violating the provisions of this chapter, knowingly to:

A. Allow a transfer of title to property or any part thereof to take place by adverse possession or prescription;

B. To conspire or collude with another or others to effect a successive series of subdivisions of larger parcel into smaller parcels and then each or any of the smaller parcels into smaller parcels;

C. To become a party to a fraudulent lawsuit, the purpose of which shall be to cause or to permit a transfer of title of any land or part thereof, whether improved or unimproved, in the city; or

D. To do or perform any other act or wilfully omit to do any act for the purpose of evading or nullifying the provisions of this chapter. (See also Section 16.08.010.)

(Ord. 858 § 3, 1994)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer or person contracting to purchase, his or her heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of execution of the deed or conveyance, sale or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or translates of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or advisee. However, nothing in this section shall be deemed to render void or voidable any trust deed, mortgage or other encumbrance in the hands of a bona fide holder for value.

(Ord. 858 § 3, 1994)

This chapter does not bar any legal, equitable or summary remedy to which the city or other political subdivision, or any person, firm or corporation, may otherwise be entitled, and the city or other political subdivision, or person, firm or corporation, may file suit in any court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale in violation of the Subdivision Map Act or this chapter.

(Ord. 858 § 3, 1994)

No building permit shall be issued for the construction, alteration or moving of any building or structure on land that has been divided contrary to this title.

(Ord. 858 § 3, 1994)

A. General Provisions Regarding Public Notice.

1. Unless otherwise provided in this chapter, notice of a hearing held pursuant to this division shall be given pursuant to Sections 65090, 65091 and 66451 of the Subdivision Map Act.

2. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project or stock cooperative project the notice shall also be given by the local agency by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this subsection may be satisfied by service of the notice in compliance with the requirements for services of legal process by mail.

3. Pursuant to Sections 66451.12 through 66451.3 of the Subdivision Map Act, fees shall be collected from the subdivider for expenses incurred under this section.

4. Any interested person may appear at the hearing and shall be heard.

B. Method of Public Notice. Notice of a pending action subject to the provisions of this title shall be given in writing by no fewer than two of the following methods:

1. Newspaper: Published notice occurring no fewer than ten days prior to the date of public hearing and published in a newspaper of general circulation adjudicated for such purpose.

2. Posting: Posting of the subject property with a freestanding sign consistent in size and design with Exhibit 16.08.065, posted no fewer than twenty-one days prior to the date of public hearing. Such posted notice shall be constructed and installed by the applicant at applicant's expense.

3. Mail: Notice mailed by United States mail to all property owners as shown on the latest assessment roll, marked no fewer than seven days prior to public hearing.

In the event that an application is appealed, the above public notice provision shall also apply to notice of the appeal hearing.

Notes:

(Ord. 858 § 3, 1994)

The community development director or designee is empowered to make investigations and reports on design and improvements, and to make recommendations concerning parcel maps and tentative maps to the decisionmaking body. The development review committee is further empowered to conduct review and hearing of minor applications, including but not limited to lot line adjustments, parcel map waivers, and mergers in accordance with the provisions of the Subdivision Map Act and this code. The development review committee shall be empowered to review the community development director's report and make recommendations consistent with the authority set forth in Chapter 18.16 of this code.

(Ord. 858 § 3, 1994)

The planning commission shall be authorized to conduct public hearings, approve, approve with conditions or deny tentative tract maps.

(Ord. 858 § 3, 1994)

The city engineer shall make such detailed examination of the tentative maps, final maps and parcel maps and such field checks as may be necessary to make the recommendations to the community development director and to affix the required certification on the final map.

(Ord. 858 § 3, 1994)

Whenever by the provisions of this title a power or authority is given to, or any duty imposed upon, any public officer by any provision of this title, it may be exercised or performed by any deputy or person authorized by him or her pursuant to law, unless it is expressly provided that it shall be exercised in person. The community development director may, at his or her sole discretion, refer an application subject to this title to the development review committee for action where it is determined that the scope of issues contained in said application requires the technical assistance and resources of the development review committee.

(Ord. 858 § 3, 1994)

No map shall be considered filed with the city until all of the fees and charges pertaining to the division or subdivision of land and required by the city shall have been paid and all of the requirements for filing set forth in this chapter shall have been complied with.

(Ord. 858 § 3, 1994)

Upon submission of a tract map or a parcel map for checking, the subdivider shall pay a map checking fee to the city in addition to all other fees and charges required by law. This fee shall be equal to the fee established from time to time by the city for checking tract and parcel maps.

(Ord. 858 § 3, 1994)

A. The planning commission may grant a variance from the terms and provisions of this code with respect to structural and physical requirements where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this code would occur from its strict and literal interpretation and enforcement. Such variance may be granted upon conditions which will assure the protection of the public safety, health and welfare.

B. To grant a requested variance, the planning commission must find from the facts presented that the following circumstances exist:

1. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

2. That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications;

3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to other properties or improvements in the vicinity and zone in which the subject property is located;

4. That the granting of such variance will not be contrary to the objectives of any part of the adopted general plan.

Notice and public hearing shall be provided consistent with the provisions of Chapter 18.108 of this code for variances.

(Ord. 858 § 3, 1994)

Indemnification shall be offered by applicants in the manner and form provided by the Subdivision Map Act, to the satisfaction of the city engineer and city attorney as applicable.

(Ord. 858 § 3, 1994)

The following regulations shall govern appeals of the decisions made pursuant to this title.

A. Within ten days after a decision made by a decisionmaking body pursuant to the title, the applicant or any interested person may appeal that decision to the city council by filing an original and two copies of a letter specifying the decision appealed from and the basis for the appeal, along with appropriate filing fee, with the city clerk.

The city clerk shall immediately transmit one copy of the appeal letter to the community development director and one copy to the applicant in the event the appellant is not the applicant.

B. Review by Council. Any member of the city council shall have the authority to appeal a decisionmaking body's decision by either making such request orally at the first city council meeting following the decision, or by filing a written request with the city clerk prior to the expiration of the appeal period. No appeal fee shall be payable when the appeal is requested by a council member.

C. Within thirty days of the receipt of a timely filed appeal, the community development department shall prepare a report and schedule a public hearing on the appeal before the council within thirty days after completion of the staff report on the appeal. Notice of the time, date and place of the public hearing shall be provided in the same manner as the notice of the hearing before the planning commission.

D. After conducting a public hearing on the appeal, the city council may reverse, affirm or modify the decision of the decisionmaking body. The city council decision shall be final.

E. Reapplication. If the application is denied on appeal to the city council, reapplication for substantially the same proposal shall not be accepted for filing for a period of one calendar year from the date of the city council decision.

(Ord. 858 § 3, 1994)