Chapter 16.02
GENERAL PROVISIONS
Sections:
16.02.030 Scope and applicability.
16.02.050 Review and approval authority of advisory agencies.
16.02.060 Conformance to general plan, specific plans, and zoning regulations.
16.02.080 Conditions of land use approval.
16.02.090 Lease projects, condominiums and community apartment projects.
16.02.100 Public hearing notice.
16.02.130 Violation – Penalty.
16.02.010 Authority.
This title is adopted pursuant to Article XI, Section 7 of the California Constitution to supplement and implement the California Subdivision Map Act, California Government Code Sections 66410 et seq. and may be cited as the subdivision ordinance of the city of Covina. (Ord. 05-1915 § 1, 2005.)
16.02.020 Purpose.
The purpose of this title is to provide the city with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed subdivision, reconfiguration and/or consolidation of land within the city of Covina to the extent authorized by the California Subdivision Map Act. (Ord. 05-1915 § 1, 2005.)
16.02.030 Scope and applicability.
Except as specifically excluded by the Subdivision Map Act or this title, the provisions of this title shall apply to any division of real property wholly or partially within the incorporated area of the city, and shall govern the filing, processing, approval, conditional approval or disapproval of tentative maps, final maps, parcel maps, lot line adjustments and any other real property subdivision actions within the scope of this title. Except as otherwise provided in this title and in the Subdivision Map Act, all subdivisions shall be subject to the same substantive and procedural requirements. Subdivisions and incorporated territory adjacent to the city shall be subject to these provisions to the extent permitted and as provided by California Government Code Section 66454. (Ord. 05-1915 § 1, 2005.)
16.02.040 Exceptions.
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
B. Mineral, oil or gas leases;
C. Land dedicated to cemetery purposes under the California Health and Safety Code;
D. Lot line adjustments between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where no new parcels are created; provided, that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved pursuant to Chapter 16.16 CMC;
E. Any separate assessment under California Revenue and Taxation Code Section 2188.7;
F. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement;
G. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
H. The construction, financing or leasing of dwelling units pursuant to California Government Code Section 65852.1 or second units pursuant to California Government Code Section 65852.2; but this title shall apply to the sale or transfer, but not the leasing, of those units;
I. Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock;
J. Subdivision of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet;
K. Any other mandatory exceptions to the applicability of the Subdivision Map Act, as provided in the Subdivision Map Act. (Ord. 05-1915 § 1, 2005.)
16.02.050 Review and approval authority of advisory agencies.
The authority for review and approval of subdivisions and related land actions is as follows:
|
Type of Action |
Review Authority |
Approval Authority |
|---|---|---|
|
Tentative maps: a. Tentative parcel map (4 or less lots/parcels; all others) b. Tentative tract map (5 or more lots/parcels; all others) |
Planning commission |
City council |
|
Vesting tentative maps |
Planning commission |
City council |
|
Correction/amendment of maps |
City staff and other responsible agencies |
Chief planning official or city engineer |
|
Tentative map extensions |
City staff and other responsible agencies |
Planning commission |
|
Final maps or parcel maps |
City staff and other responsible agencies |
City council |
|
Urban lot split |
City staff and other responsible agencies |
Chief planning official or city engineer |
|
Certificate of compliance |
City staff and other responsible agencies |
City engineer |
|
Reversion to acreage |
City staff and other responsible agencies |
Planning commission |
|
Lot and parcel mergers |
City staff and other responsible agencies |
City engineer |
|
Lot line adjustments |
City staff and other responsible agencies |
Chief planning official or city engineer |
(Ord. 23-02 § 15, 2023; Ord. 05-1915 § 1, 2005.)
16.02.060 Conformance to general plan, specific plans, and zoning regulations.
No land shall be divided and developed for any purpose which is not in conformity with this title and with the Covina general plan, any applicable specific plan, the Covina zoning code (CMC Title 17), or any other regulatory ordinance of the city.
The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the California Subdivision Map Act and this title, the type of streets, roads, highway, utilities and public services that shall be provided by the subdivider. (Ord. 05-1915 § 1, 2005.)
16.02.070 Severability.
If any provision of this title or the application thereof to any person or circumstances is held to be invalid by a court of competent jurisdiction, the remainder of the title and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 05-1915 § 1, 2005.)
16.02.080 Conditions of land use approval.
As a condition of the approval of a subdivision, the subdivider shall defend, indemnify and hold harmless the city, its elected officials, agents, officers, and employees from any claim, action, or proceeding filed against the city, its elected officials, agents, officers and employees to attack, set aside, void, or annul an approval by the city, its advisory agencies, chief planning official, city engineer, planning commission or the city council concerning a subdivision, which action is brought within the time period provided in California Government Code Section 66499.37. Upon receipt of any such claim, action, or proceeding, the city shall promptly notify the subdivider and shall cooperate fully in the defense. The subdivider shall further agree to reimburse the city for any attorneys’ fees and costs which the city may be required to pay as a result of any claim, action, or proceeding filed against the city resulting from approval by the city, its advisory agencies, chief planning official, city engineer, planning commission or the city council.
Nothing in this section shall be construed to prohibit the city from participating in the defense of any claim, action, or proceeding if:
A. The city bears its own attorneys’ fees and costs;
B. The city defends the action in good faith; and
C. The subdivider is not required to pay or perform any settlement unless the settlement is approved by the subdivider. (Ord. 05-1915 § 1, 2005.)
16.02.090 Lease projects, condominiums and community apartment projects.
Provisions of this title which except or exempt a subdivider from complying with a design, improvement, dedication or fee requirement, or which provide for the waiver of such a requirement because of the size of parcels resulting from a subdivision shall not be construed to apply to lease projects, condominiums, or community apartment projects. (Ord. 05-1915 § 1, 2005.)
16.02.100 Public hearing notice.
Except as otherwise provided by this title, whenever a public hearing is held pursuant to this title, notice of hearing shall be given as prescribed by California Government Code Sections 66451.3, 65090 and 65091, as those sections may be amended from time to time. Unless and until these sections are amended, notice shall be given as follows:
A. Notice shall be published pursuant to California Government Code Section 6061 (published one time) in at least one newspaper of general circulation within the city at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the city limits.
B. Notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with the city clerk or with any other person designated by the city council to receive these requests.
C. Where a public hearing concerns consideration of a specific real property project under this title, notice shall also be given in following ways:
1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant, if different from the owner or agent;
2. In the event the hearing concerns the conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, notice of the hearing shall also be mailed or delivered at least 10 days prior to the hearing to each tenant residing at the property that is the subject of the hearing;
3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected by an approval under this title;
4. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing;
5. Special Rule. If the number of owners (and tenants, if applicable) to whom notice would be mailed or delivered pursuant to subsections (C)(1), (2) and (4) of this section is greater than 1,000, in lieu of mailed or delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. Publication of such notice shall also satisfy the notice publication requirements of subsection (A) of this section.
D. The notice shall include the following information:
1. The date, time and place of the public hearing;
2. The identity of the hearing body or officer;
3. A general explanation of the matter to be considered;
4. A general description, in text or by diagram, of the location of the real property, if any, that is the subject of the public hearing. (Ord. 05-1915 § 1, 2005.)
16.02.110 Fees and deposits.
All applicants submitting maps as required by this title shall pay all fees and/or deposits as provided by this title and by city council resolution establishing applicable fees and deposits. (Ord. 05-1915 § 1, 2005.)
16.02.120 Appeals.
A. Appeal of Decision by Chief Planning Official or City Engineer.
1. Any subdivider or city officer or any other interested person aggrieved by or adversely affected by a decision of the chief planning official or the city engineer may appeal to the planning commission for review of the action.
2. Such appeal shall be in writing and shall be filed with the planning secretary within 10 days after the date of the chief planning official’s or city engineer’s decision. The appeal shall fully state the grounds for such appeal and the action or relief requested. Upon the filing of an appeal, the planning department shall transmit to the planning commission a report of the chief planning official’s or city engineer’s decision.
3. After the filing, the planning secretary shall set the matter for public hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Notice of the public hearing shall be as provided by CMC 16.02.100.
4. Within 10 days following the conclusion of the hearing, the planning commission shall render its decision.
5. With respect to tentative maps and common interest development subdivisions, if the planning commission fails to act upon an appeal within the time limit specified above, the decision of the chief planning official or city engineer shall be deemed to be approved or conditionally approved as last approved or conditionally approved, insofar as the map or other subdivision action complies with the applicable requirements of this title and the Subdivision Map Act. With respect to all other subdivision applications, if the planning commission fails to act upon an appeal within the time limit specified above, the matter shall be deemed continued to the next regular meeting of the planning commission until such time that the planning commission renders a decision on the subdivision application.
6. The fee for filing of an appeal shall be established by city council resolution.
B. Appeal of Action by Planning Commission.
1. Any subdivider or city officer or any other interested person aggrieved by or adversely affected by an action of the planning commission may appeal to the city council for review of the action.
2. Such appeal shall be in writing and shall be filed with the city clerk within 10 days after the date of the planning commission’s action. The appeal shall fully state the grounds for such appeal and the action or relief requested. Upon the filing of an appeal, the planning department shall transmit to the city clerk a report of the planning commission’s action.
3. After the filing, the city clerk shall set the matter for public hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Notice of the public hearing shall be as provided by CMC 16.02.100.
4. Within 10 days following the conclusion of the hearing, the city council shall render its decision. Where the appeal concerns a tentative map, the decision of the city council shall comply with the provisions of Government Code Sections 66473, 66473.5 and 66474.
5. With respect to tentative maps, final maps, parcel maps and common interest development subdivisions, if the city council fails to act upon an appeal within the time limit specified above, the action of the planning commission shall be deemed to be approved or conditionally approved as last approved or conditionally approved, insofar as the map or other subdivision action complies with the applicable requirements of this title and the Subdivision Map Act. With respect to all other subdivision applications, if the city council fails to act upon an appeal within the time limit specified above, the matter shall be deemed continued to the next regular meeting of the city council until such time that the city council renders a decision on the subdivision application.
6. The fee for filing of an appeal shall be established by city council resolution. (Ord. 05-1915 § 1, 2005.)
16.02.130 Violation – Penalty.
A violation of the Subdivision Map Act shall be punishable in accordance with California Government Code Section 66499.31. Any violation of this title which is not also a violation of the Subdivision Map Act or of any other state statute is a misdemeanor, punishable by a fine of not more than $10,000 or by imprisonment in the county jail for not more than one year or by both such fine and imprisonment. (Ord. 05-1915 § 1, 2005.)