Division 6. Subdivision Regulations
Chapter 9.72
GENERAL PROVISIONS
Sections:
9.72.010 Citation and authority.
9.72.030 Authority and relationship to general plan.
9.72.040 Applicability of subdivision regulations.
9.72.050 Responsible entities.
9.72.060 Division of land committee.
9.72.080 Community development director.
9.72.100 Reference to other laws.
9.72.010 Citation and authority.
This division is adopted to supplement and implement the Subdivision Map Act, Section 66410 et seq., of the Government Code, and may be cited as the division of land ordinance, hereinafter referred to as “the ordinance,” of the city. (Ord. 806 § 1, 2007).
9.72.020 Purpose.
It is the purpose of this division to regulate and control the division of land within the city and to supplement the provisions of the Government Code of the state of California referred to in this division as the Subdivision Map Act, the Public Resources Code, the Business and Professions Code, and 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 fulfill these purposes, the intent of this division is to:
A. Promote orderly growth and development to preserve the public health, safety, and general welfare;
B. Promote open space, conservation, protection, and proper use of land; and
C. Provide for adequate traffic circulation, utilities, and other services in the city. (Ord. 806 § 1, 2007).
9.72.030 Authority and relationship to general plan.
The subdivision regulations are enacted based upon authority vested in the city by the state of California, including but not limited to: the State Constitution and the Subdivision Map Act (Government Code Section 66410 et seq.).
The subdivision regulations are a tool used by the city to implement the goals, objectives and policies established in the Bell Gardens general plan. (Ord. 806 § 1, 2007).
9.72.040 Applicability of subdivision regulations.
The subdivision regulations shall apply to all divisions of land within or partially within the city, except as provided in BGMC 9.76.020, Exemptions from subdivision requirements.
Every division of land proposed within or partially within the city shall be consistent with the Bell Gardens general plan, any applicable specific plan, this title (zoning ordinance), and other applicable provisions of the Bell Gardens Municipal Code.
The type and intensity of land use as shown on the general plan, any applicable specific plan, this title (zoning ordinance), or other applicable provisions of the Bell Gardens Municipal Code shall determine, together with the requirements of the Subdivision Map Act and subdivision regulations, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider. (Ord. 806 § 1, 2007).
9.72.050 Responsible entities.
A. City Council. The city council shall be the legislative body as identified in the Subdivision Map Act and shall have the responsibility and authority to conduct public hearings, and approve, impose conditions or disapprove subdivisions in compliance with BGMC 9.76.040, Authority for subdivision decisions.
B. Planning Commission. The planning commission shall be the advisory agency as identified in the Subdivision Map Act and shall have the responsibility to review and recommend to the city council actions, findings, and conditions pertinent to the application for a division of land in compliance with BGMC 9.76.040, Authority for subdivision decisions.
C. City Engineer. The city engineer shall be responsible for:
1. Establishing design and construction details, standards, and specifications.
2. Determining if proposed subdivision improvements comply with the provisions of this division and the Map Act, and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map.
3. The processing and certification of final maps, reversion to acreage maps and amended maps; the processing and approval of parcel maps, subdivision improvement plans, lot line adjustments, certificates of compliance, and the waiver of parcel maps.
4. The inspection and approval of subdivision improvements.
5. The acceptance of dedications and improvements for land division by parcel map.
D. City Attorney. The city attorney shall be responsible for approving as to form all subdivision improvement agreements and securities, all governing documents for a common interest development, and covenants, conditions and restrictions. The city attorney shall also have the authority to make legal interpretations of the subdivision regulations.
E. Community Development Department. The community development department shall be responsible for the processing of preliminary maps, tentative maps, final maps and parcel maps, and for the collection of all required deposits and fees.
F. Community Development Director. The community development director shall be responsible for the management of the community development department in carrying out the responsibilities imposed upon it by this division. (Ord. 806 § 1, 2007).
9.72.060 Division of land committee.
There is hereby created a division of land committee consisting of the following officers or their duly authorized representatives:
A. Community development director.
B. City engineer.
C. Building department representative.
D. Such other city officers or representatives of other agencies which, in the opinion of the community development director, have an interest in the proposed division of land.
E. The community development director shall be the chairman of the division of land committee. (Ord. 806 § 1, 2007).
9.72.070 Advisory agency.
The city planning commission is hereby designated as the “advisory agency,” as that term is used in the Map Act, and shall have all of the powers and duties granted or imposed upon the advisory agency by the provisions of this division. (Ord. 806 § 1, 2007).
9.72.080 Community development director.
The city manager or his authorized representative is hereby designated as the community development director. (Ord. 806 § 1, 2007).
9.72.090 Continuation clause.
The provisions of this division, insofar as they are the same as the provisions repealed in Ordinance No. 212 relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. This section shall not be construed as implying that no change in law is intended. Insofar as the provisions of this division differ substantially from those of said ordinance, the city council hereby declares a change in law is intended. (Ord. 806 § 1, 2007).
9.72.100 Reference to other laws.
Whenever reference is made to any portion of this division or to any other ordinance of this city or to a statute of the state of California, such reference applies to all amendments and additions now or hereafter made and to the provisions of variances and permits granted pursuant to such ordinances or statutes. (Ord. 806 § 1, 2007).
9.72.110 Severability clause.
If a provision of this division or the application thereof to any person(s) or circumstance(s) is held invalid by a court of competent jurisdiction, the remainder of this division and the application of such provisions to other person(s) or circumstance(s) shall not be affected thereby. (Ord. 806 § 1, 2007).