Chapter 9.76
MAPS GENERALLY
Sections:
9.76.020 Exemptions from subdivision requirements.
9.76.030 Waiver of subdivision requirements.
9.76.040 Authority for subdivision decisions.
9.76.050 Application filing and fees.
9.76.060 Initial application review – Environmental assessment.
9.76.070 Notice to affected agencies and utilities.
9.76.100 Expirations – Time extensions.
9.76.010 Maps required.
A. Division of Land – Five or More Parcels. A tentative and final tract map shall be required for all division of land when determined by the community development department that such land may be divided into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless the subdivision activity is listed in BGMC 9.76.020(B), Exemptions from Tentative Tract Map Requirements.
B. Divisions of Land – Four or Less Parcels. A tentative and final parcel map shall be required for all divisions of land when determined by the community development department that such land may be divided into four or less parcels, unless the subdivision activity is listed in BGMC 9.76.020(C), Exemptions from Tentative Parcel Map Requirements. In the interest of ensuring compliance with the Bell Gardens general plan, this title, and any applicable specific plan, the director may require, at the director’s discretion, a tentative tract map where a tentative parcel map is required. (Ord. 806 § 1, 2007).
9.76.020 Exemptions from subdivision requirements.
A. Exemptions from the Subdivision Regulations. The following activities shall be exempt from the requirements of the subdivision regulations:
1. Those activities identified in Sections 66412 (except subsection (d) related to lot line adjustments), 66412.1, 66412.2 or 66426.5 of the Subdivision Map Act; and
2. The subdivision of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet.
B. Exemptions from Tentative Tract Map Requirements. A tentative tract map and final tract map shall not be required under any of the following circumstances:
1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city;
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;
3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths; or
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
In lieu of the tentative tract map exemptions noted above, a tentative parcel map and final parcel map shall be required unless waived by the director in compliance with BGMC 9.76.030, Waiver of subdivision requirements.
c. Exemptions from Tentative Parcel Map Requirements. The following activities shall be exempt from the requirements of a tentative parcel and final parcel map:
Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a finding is made by the director in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subsection, land conveyed to or from a governmental agency shall include a fee interest, an easement or a license. (Ord. 806 § 1, 2007).
9.76.030 Waiver of subdivision requirements.
A. Waiver of Tentative Tract, Tentative Parcel Map and Final Map Requirements. The requirements for a tentative tract map, tentative parcel map or final map may be waived, in whole or in part, at the discretion of the director and after consultation with the city engineer, for the following activities:
1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.
2. Division of real property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.
3. The unmerger, in accordance with the Subdivision Map Act and the subdivision regulations, of real property which has been merged pursuant to the subdivision regulations, the Subdivision Map Act or any prior ordinance of the city.
B. Waiver Findings. The requirements for a tentative tract map, tentative parcel map or final map shall not be waived, in whole or in part, unless the director makes a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, the subdivision regulations, the Bell Gardens general plan, any applicable specific plan, this title (zoning ordinance) and other applicable provisions of the Bell Gardens Municipal Code.
C. Certificate of Compliance Required. The director shall file with the county recorder a certificate of compliance for the land to be divided, in compliance with BGMC 9.98.030, Certificate of compliance, and a plat map showing the division.
Conditions may be imposed to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted under the subdivision regulations, the Subdivision Map Act, or other relevant law.
The decision of the director shall be considered final unless an appeal is filed in compliance with BGMC 9.76.090, Appeals. The decision of the director, or any condition of approval, can be appealed to the commission. The decision of the commission, or any condition of approval, can be appealed to the council. (Ord. 806 § 1, 2007).
9.76.040 Authority for subdivision decisions.
The following table (review authority) identifies the city official or body responsible for reviewing and making decisions on each type of application for divisions of land required by the subdivision regulations:
|
Type of Decision |
Decision-Making Body |
Appeal Body |
|---|---|---|
|
Certificate of Compliance |
Director |
Commission1 |
|
Lot Line Adjustments |
City Engineer |
Council |
|
Parcel Mergers |
Commission |
Council |
|
Tentative Parcel Maps |
Commission |
Council |
|
Tentative Tract Maps |
Council |
— |
|
Final Parcel Maps |
Council |
— |
|
Final Tract Maps |
Council |
— |
|
Reversion to Acreage |
Council |
— |
1 The commission’s decision may be appealed to the council.
(Ord. 806 § 1, 2007).
9.76.050 Application filing and fees.
A. Application Contents. Applications for divisions of land shall be filed with the department. The department will consider an application complete when:
1. All necessary forms, materials and exhibits as identified in this chapter have been provided and accepted as adequate; and
2. All necessary application fees and/or deposits have been accepted.
A registered civil engineer or licensed land surveyor shall prepare a tentative tract map, tentative parcel map, final map, and other drawings that are to be ultimately recorded. The maps and exhibits shall be clearly drawn and contain the necessary information as determined by the department. The department may also require additional materials, exhibits, data or information determined necessary to accomplish the purposes of the Subdivision Map Act and/or the subdivision regulations.
B. Eligibility for Filing. Applications may be made by the owner of the subject property or by any other person with the written consent of the property owner. (Ord. 806 § 1, 2007).
9.76.060 Initial application review – Environmental assessment.
All applications filed with the department in compliance with the subdivision regulations shall be initially processed as follows:
A. Review for Completeness. The department shall review all applications for accuracy before they are accepted as being complete.
1. Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, must be provided.
2. Environmental Information. The department may require the applicant to submit such additional information as may be deemed reasonably necessary for environmental review of the project in compliance with subsection (C) of this section, Environmental Assessment.
3. Expiration of Application. If a pending application is not capable of being deemed complete within six months after the first filing with the department, the application shall be deemed withdrawn unless an extension is granted by the director. A new application, including fees, plans, exhibits and other materials, will be required to commence processing of any subdivision on the same property.
B. Referral of Application. At the discretion of the director, or where otherwise required by the Subdivision Map Act, any application filed may be referred to any public agency that may be affected or have an interest in the proposed subdivision.
C. Environmental Assessment. All subdivision applications shall be reviewed as required by the California Environmental Quality Act (CEQA) to determine whether the proposed subdivision is exempt from the requirements or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report shall be required. These determinations and, where required, the preparation of environmental documents shall be in compliance with CEQA and other guidelines established by the department. (Ord. 806 § 1, 2007).
9.76.070 Notice to affected agencies and utilities.
Within five days of determining a tentative parcel or tentative tract map application complete, the department shall:
A. Send notice and a copy of the tentative parcel or tentative tract map to the affected public agencies which may, in turn, forward to the department their findings and recommendations thereon.
B. Send a notice of the filing of the tentative parcel and tentative tract maps to the governing board of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information that would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the agency required by law to approve such tentative parcel and tentative tract maps. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a 20-day period from receipt of notice of the tentative parcel and tentative tract maps, such failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving or conditionally approving the tentative parcel and tentative tract maps.
The planning commission shall consider any reports from affected agencies, utilities or school districts in approving, conditionally approving, or denying the tentative map application. (Ord. 806 § 1, 2007).
9.76.080 Public hearings.
Upon receipt of a valid application and completion of the division of land committee conference, the community development director shall set the matter for public hearing before the planning commission or city council. At least 10 calendar days before the public hearing, he or she shall cause notice to be given of the time, date, and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.
Said notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.
In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed tentative parcel and tentative tract maps.
In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, notice shall be given as required by Government Code Section 66451.3. All costs of such notice shall be computed by the clerk and paid by the subdivider as an application fee pursuant to BGMC 9.76.050(A), Application Contents. (Ord. 806 § 1, 2007).
9.76.090 Appeals.
The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as identified in BGMC 9.76.040, Authority for subdivision decisions. Appeals shall be submitted in writing and filed with the department. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals shall be filed with the department within 10 calendar days of the decision body’s action. Appeals shall be accompanied by the filing fee set by resolution of the council.
The appeal shall be scheduled for consideration by the appropriate appeal body identified in BGMC 9.76.040, Authority for subdivision decisions, within 30 days of receipt of an appeal, with the same noticing as required by BGMC 9.76.080, Public hearings.
At the hearing, the appeal body shall conduct a de novo review, may consider any issue involving the matter that is the subject of the appeal, and shall not be limited to a consideration of the specific grounds listed in the appeal.
A. The appeal body may affirm, affirm in part, or reverse the action or determination of the decision-making body that is the subject of appeal.
B. When reviewing an appeal, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.
C. If new or different evidence is presented on appeal, the appeal body may, but shall not be required to, refer the matter back to the decision-making body for further consideration.
Any action taken by the appeal body shall be supported by appropriate findings. (Ord. 806 § 1, 2007).
9.76.100 Expirations – Time extensions.
A. Expirations. The approval of a tentative parcel or tentative tract map shall expire 24 months from the date of its approval. However, where the subdivider is required to expend an amount as prescribed in Section 66452.6 of the Subdivision Map Act to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way which abut the property being subdivided, or if the tentative parcel and tentative tract maps are on property subject to a development agreement authorized by Section 65864 et seq. of the Government Code, then the expiration of the tentative tract or parcel map shall be governed by Section 66452.6 of the Subdivision Map Act.
B. Time Extensions.
1. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved tentative parcel or tentative tract map by filing a written request with the department and paying applicable fees as established by council resolution. The application shall be filed not less than 30 days before the map is scheduled to expire and shall state the reason(s) for the request. The filing of such application automatically extends the map for 60 days or until the extension is acted on, whichever occurs first. The decision-making body shall determine whether the subdivider has made a good faith effort to establish the subdivision. The burden of proof is on the subdivider to establish, with substantial evidence, why the tentative tract or tentative parcel map should be extended. If the decision-making body determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the subdivision, the time extension shall be granted. The decision-making body may, if appropriate findings are made, impose new conditions and may require that the applicant pay any new or increased development fees which have been imposed since the date of the original approval of the tentative parcel or tentative tract map.
2. Hearing on Time Extension. If the matter originally required a noticed public hearing, the decision-making body shall hold a public hearing on the proposed time extension and give notice in compliance with BGMC 9.76.080, Public hearings.
3. Time Limit of Extensions. The time for which a tentative parcel or tentative tract map may be extended by discretionary approval of the decision-making body shall comply with California Government Code Section 66452.6.
4. Appeals. The subdivider, or any other interested party, may appeal any action of the decision-making body with respect to the time extension, or any new condition or development fee imposed, to the appeal body in compliance with BGMC 9.76.090, Appeals. (Ord. 806 § 1, 2007).
9.76.110 Falsification.
Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this division. (Ord. 806 § 1, 2007).
9.76.120 Modifications.
Whenever in the opinion of the city council the land involved in any 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 use that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this division, the city council may make such modifications thereof as, in its opinion, are reasonably necessary or expedient and in conformity with the Map Act. In the case of parcel maps, this determination may be made by the planning commission. (Ord. 806 § 1, 2007).