Montebello Municipal Code Ch. 16.08 Administrative Provisions

No subdivision or other division of land governed by the Act or by this title shall be approved unless the same complies with applicable provisions of this code, ordinances and resolutions of the city.

(Prior code § 9270.11)

Where the planning commission or city council finds that a map before it for consideration fails to meet or perform any of the requirements or conditions imposed by the Act or by this title and that such failure is the result of a technical and inadvertent error which does not materially affect the validity of the map, than it is not required by the Act to disapprove the map.

(Prior code § 9270.12)

A. Revision of Subdivision Maps Prior to Approval. After a subdivision map has been filed, as provided in this title, no revision shall be permitted prior to approval of the map, except upon the filing of a new subdivision map and the withdrawal of the previously filed map.

B. Revised Subdivision Maps After Approval. After approval or conditional approval of a subdivision map, any revised map shall comply with all regulations in effect at the time such revised map is filed. When a tentative subdivision map has been approved, no other subdivider shall file a different tentative subdivision map for the same parcel of land without the express written consent of the current property owner or the original subdivider unless such previous tentative subdivision map has been invalidated by action of the city council or by expiration of time. The approval or conditional approval of any revised tentative subdivision map shall nullify all currently active approved tentative subdivision maps that are applicable to the same parcel of land.

C. Changes in Tentative Subdivision Map. After the approval or conditional approval of a tentative subdivision map, if any change is made by the subdivider in the information shown on, or supplied with, the tentative subdivision map, such change shall be submitted in writing to the city council and approved by it prior to the recording of the final subdivision map.

(Prior code § 9270.5)

After a final map or parcel map is filed in the office of the county recorder, such map may be modified by a certificate of correction or an amending map as provided by the Act.

(Prior code § 9270.23)

Whenever an owner uses two or more contiguous lots for the purpose of constructing buildings or structures which cross existing lot lines, or where the use of contiguous lots is required to provide required off-street parking, open space, landscape area, or to satisfy other conditions attached to approval of a map or project, the following procedure shall apply:

A. The applicant shall supply the city engineer with the legal description of the subject lots, the owner's name, address and telephone number, evidence of title, the reason for the application and such other information as may be required.

B. The city engineer shall determine when any such application qualifies for this section. Such determination shall be final unless appealed within fifteen days in the manner outlined in Section 16.08.090.

C. The city engineer shall prepare a covenant and agreement to hold property as one parcel. The applicant and owner shall execute the notarized covenant and agreement, which shall be filed, together with any required fees, with the city engineer, for filing with the county recorder. The covenant and agreement shall not be released or modified unless a tentative parcel or final map is filed and approved in compliance with this title.

(Prior code § 9270.20)

A. Intent and Purpose. The purpose of this section is to provide a procedure by which the city may initiate the merging of two or more contiguous parcels. The parcels must be held in common. This procedure is adopted pursuant to Section 66451.10 through 66451.21, inclusive, of the California Government Code, State Subdivision Map Act ("Map Act").

B. Applicability. Pursuant to Section 66451.11 of the Map Act, the director of planning may initiate a merger of parcels held by the same owner if any one of the contiguous parcels does not conform to the city's standards for minimum lot area, as provided by the zoning ordinance or applicable specific plan, and if the requirements of subsection C of this section are satisfied; providing, however, that the parcels shall not be merged if any one of the conditions set forth in subsection 66451.11 (A) through 66451.11 (E) inclusive, of the Map Act exists.

C. Requirements. Parcels proposed for merging must meet all of the following criteria:

1. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel.

2. With respect to any affected parcel one or more of the following conditions exists:

a. The parcel comprises less than five thousand square feet in area at the time of the determination of merger;

b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. The parcel does not meet current standards for sewage disposal and domestic water supply;

d. The parcel does not meet slope stability standards;

e. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f. Its development would create health and safety hazards;

g. The parcel is inconsistent with the city's general plan or any applicable specific plan, other than minimum lot size of density standards.

D. Notification of Intent to Merge. Prior to merging parcels, the director of planning shall cause to be mailed by certified mail to the then current record owner of the property a notice of intent to merge, notifying the owner that the affected parcels may be merged pursuant to this section. The notice shall give the owner the opportunity to request a hearing and present evidence that the property does not meet the criteria for merger. The notice of intent to merge shall be recorded with the Los Angeles County recorder on the date that notice is given to the property owner of record.

E. Determination of Ownership. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intent to merge is recorded pursuant to subsection D of this section.

F. Owner's Request for Hearing. At any time within thirty days after recording of the notice of intent to merge, the owner of the affected parcels may file with the director of planning a request for a hearing on the proposed merger.

G. Determination When No Hearing Requested. If, within the thirty-day period specified in subsection F of this section, the owner does not file a request for hearing, the planning commission may make a determination that the affected parcels are or are not to be merged. If the parcels are to be merged, the planning commission shall cause to be recorded the notice of merger as provided for in subsection M of this section, no later than ninety days following the mailing of notice required by subsection D of this section. If the planning commission makes a determination of nonmerger, it shall release the notification of intent to merge in accordance with Subsection L of this section.

H. Procedure/Planning Commission Hearing.

1. Upon receiving a request for a hearing from the property owner of the affected property, the director of planning shall fix a time, date and place for a hearing to be conducted by the planning commission in accordance with Section 66451.15 of the Map Act. The hearing shall be conducted not more than sixty days following the director's receipt of the owner's request, but may be postponed or continued with the mutual consent of the planning commission and the property owner. Notice of the hearing shall be given to the property owner by certified mail.

2. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger as set forth in subsection C of this section.

I. Findings. After completion of the hearing by the planning commission, or if no hearing is requested, after completion of the thirty-day period specified in subsection G of this section, the planning commission shall make the following findings in order to merge parcels:

1. The merged parcel complies with Section 66451.11 (a) of the Subdivision Map Act;

2. The merged parcel complies with Section 66451.11 (b) of the Subdivision Map Act;

3. The merged parcel complies with this section of the Montebello Municipal Code;

4. The merged parcel does not adversely affect the purpose and intent of the city's general plan or the public convenience or welfare.

The planning commission may determine that the parcels are not to be merged, notwithstanding the fact that the affected parcels have met all the requirements set forth in subsection C of this section.

J. Procedure/Determination Following Hearing. At the conclusion of the hearing, the planning commission shall make a determination as to whether the affected parcels are or are not to be merged. The commission shall notify the owner of its determination no later than five working days after the determination has been reached. If notification cannot be made at the time of the hearing to the owner in person, notification shall be made by certified mail. A determination of merger shall be recorded within thirty days after the conclusion of the hearing, as provided for in Subsection M of this section.

K. Appeal of Planning Commission Action. The provisions of Chapter 17.78 regarding appeal of the commission's action and the effective date of approval, shall apply.

L. Release of Intent to Merge. If, in accordance with subsections C and H of this section, the planning commission determines that the parcels shall not be merged, it shall cause to be recorded with the recorder of the county of Los Angeles a release of the notice of intent to merge. The property owner shall be mailed a clearance letter.

M. Notice of Merger. A merger of parcels shall become effective upon recordation with the recorder of the county of Los Angeles of a notice of merger specifying the determination of the planning commission, the name(s) of the recorded owner(s) and a legal description of the parcels.

(Ord. 2073 § 4, 1992: prior code § 9270.21)

A. Any person owning real property within the city may request the city engineer to determine whether such real property complies with the provisions of the Montebello Municipal Code and the State Subdivision Map Act.

B. Upon making such determination, the city engineer shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the city municipal code and the State Subdivision Map Act.

C. If the city engineer determines that such real property does not comply with the provisions of the municipal code or State Subdivision Map Act, he may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at such time by ordinance. Upon making such a determination and establishing such conditions, the city engineer or authorized representatives shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

D. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

E. For the purposes of administration of this section, any parcel that is shown on the county assessor's maps prior to July 2, 1956, shall be considered as a conforming parcel.

F. A fee to be charged at actual cost shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

G. The city engineer's decision will be final unless appealed within fifteen days in the manner outlined in Section 16.08.090.

(Prior code § 9270.22)

The city council shall establish, by resolution, appropriate fees for processing maps and other procedures required or authorized by the Act or this title.

(Prior code § 9270.19)

Appeals of decisions or actions made by the city engineer, city planner assistant city manager/community services and development or other city staff may be made as follows:

A. Appeal of City Staff Decision.

1. Any interested person may appeal the action of the city staff with reference to a parcel map, lot line adjustment, certificate of compliance or other matter addressed in this title by filing a written letter of appeal with the secretary of the planning commission, describing therein the basis for such appeal.

2. Upon receipt of a timely filed appeal, the secretary of the planning commission shall place the matter on the planning commission agenda.

3. At the time that such appeal is reviewed by the planning commission, it shall consider the application, the staff report and all other relevant evidence presented by the applicant or any other relevant evidence presented by any other interested person concerning such parcel maps, lot line adjustment or certificate of compliance.

B. Appeal of Planning Commission Decision.

1. Any interested person may appeal the action of the planning commission with reference to a parcel map, lot line adjustment, certificate of compliance or other matter addressed in this title by filing a written letter of appeal with the city clerk, describing therein the basis for such appeal. The city clerk shall not accept such a letter of appeal unless a filing and processing fee, as set by city council resolution, has been paid, and such letter of appeal is filed with the city clerk within not to exceed fifteen calendar days following the planning commission's action. Upon receipt of a timely filed appeal, the city clerk shall place the matter on the city council's agenda.

2. At the time that such appeal is reviewed by the city council, it shall consider the application, the staff report and other relevant evidence presented by the applicant or any other interested person concerning such parcel maps, lot line adjustment or certificate of compliance and shall be governed by the same standards as with the planning commission.

(Prior code § 9270.24)