Ordinance No. 10481
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ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, BY RENUMBERING CERTAIN CODE
SECTIONS PERTAINING TO THE SUBDIVISION MAP ACT
IN CHAPTER 22A AND BY ADDING CHAPTER 28,
ARTICLES I THROUGH VII, AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, Section 66411 of the Subdivision Map Act
contained in Division 2 of Title 7 of the Government Code
(beginning with Section 66410 thereof) requires the City of Vernon
to adopt an ordinance to regulate and control the initial design
and improvement of subdivisions for which a tentative, final, or
parcel map is required; and
WHEREAS, Section 66462 of the Subdivision Map Act
requires the City of Vernon to establish by ordinance standards
for public improvements required as a condition of approval for
any such map; and
WHEREAS, Section 66463 of the Subdivision Map Act
requires the City of Vernon to provide by ordinance for the
procedure for processing, approval, conditional approval, or
disapproval, and filing of parcel maps and modifications thereto;
and
WHEREAS, Section 2.5 -3 and 2.5 -3.1 of the Code of the
City of Vernon, California, 1959, pertain to subdivision fees and
contain cross - references to sections of the Business and
Professions Code which have been relocated to the Government Code;
and
WHEREAS, Section 22A.1, "Preliminary soil report- -
Required," of the Code of the City of Vernon, California, 1959,
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contains a cross - reference to the definition of "subdivision" in
the Business and Professions Code which has been relocated to the
Government Code; and
WHEREAS, Sections 22A.8, 22A.9, 22A.11 and 22A.12 of the
Code of the City of Vernon, California, 1959 pertaining to merger
of parcels contain cross - references to Section 66424.2 of the
Government Code which has been repealed, and the subject matter is
now covered by Government Code Sections 66451.10 et seq.; and
WHEREAS, the City Council desires to consolidate all
Vernon City Code provisions on subdivisions in Chapter 28, to
correct obsolete cross - references, and to renumber and amend
Sections 2.5 -3, 2.5 -3.1, and 22A.1 through 22A.12 of the Code of
the City of Vernon, California, 1959; and
WHEREAS, the Director of Community Services and Water has
recommended that the new and amended sections be consolidated in a
new Chapter 28 of the Vernon City Code entitled "Subdivisions ".
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
renumbers Chapter 22A, Subdivisions, of the Code of the City of
Vernon, California, 1959, to Chapter 28, Subdivisions, thereof.
SECTION 3: The City Council of the City of Vernon hereby
adopts Article I, In General, and Sections 28.1 through 28.8 of
said Chapter 28 of the Code of the City of Vernon as more
specifically set forth in Exhibit "A ", which is attached hereto
and made a part hereof by reference.
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A. The City Council of the City of Vernon hereby
renumbers Sections 2.5 -3 and 2.5 -3.1 of the Code of the City of
Vernon, California, 1959, to Sections 28.9 and 28.10,
respectively, of said Article I, In General, of Chapter 28 and
amends said sections to read as set forth in Exhibit "A ".
SECTION 4: The City Council of the City of Vernon hereby
renumbers existing Article I, Soil Investigations, of Chapter 22A
of the Code of the City of Vernon, California, 1959, to Article
II, Soil Investigations, of said Chapter 28 of the Code of the
City of Vernon, California, 1959, as shown in Exhibit "A ".
A. The City Council of the City of Vernon hereby
renumbers existing Section 22A.1 of the Code of the City of
Vernon, California, 1959, to Section 28.15, of said Article II of
Chapter 28 and amends said section to read as set forth in Exhibit
"A".
B. The City Council of the City of Vernon hereby
renumbers existing Sections 22A.2 through 22A.7 of the Code of the
City of Vernon, California, 1959, to Sections 28.16 through 28.21,
respectively, of said Article II of Chapter 28 as shown in Exhibit
"A".
SECTION 5: The City Council of the City of Vernon hereby
adopts Article III, Tentative Maps, and Sections 28.25 through
28.33 of said Chapter 28 of the Code of the City of Vernon as more
specifically set forth in Exhibit "A ".
SECTION 6: The City Council of the City of Vernon hereby
adopts Article IV, Final Maps and Parcel Maps, and Sections 28.35
through 28.43 of said Chapter 28 of the Code of the City of Vernon
as more specifically set forth in Exhibit "A ".
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SECTION 7: The City Council of the City of Vernon hereby
renumbers and amends existing Article II, Requiring Nonconforming
Contiguous Parcels to be Merged, of Chapter 22A of the Code of the
City of Vernon, California, 1959, to Article V, Merger of Non-
conforming Contiguous Parcels, of said Chapter 28 of the Code of
the City of Vernon, California, 1959, as shown in Exhibit "A ".
A. The City Council of the City of Vernon hereby
renumbers existing Sections 22A.8 through 22A.12 of Chapter 22A of
the Code of the City of Vernon, California, 1959, to Sections
28.45 through 28.49, respectively, of said Article V of Chapter 28
and amends said sections to read as set forth in Exhibit "A ".
SECTION 8: The City Council of the City of Vernon hereby
adopts Article VI, Appeals, and Sections 28.55 through 28.57 of
said Chapter 28 of the Code of the City of Vernon as more
specifically set forth in Exhibit "A ".
SECTION 9: Any ordinance or parts of ordinances in
conflict with this Ordinance are hereby repealed.
SECTION 10: The renumbering of any article or section of
the Code of the City of Vernon shall not constitute a change in
its intent or purpose, and it shall have the same effect and
enforceability as if it had never been renumbered. Any code
section numbers not used shall be reserved for future use.
SECTION 11: If any section, subsection, sentence,
clause, phrase or word of this ordinance is for any reason held to
be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to pass and
adopt this ordinance and each section, subsection, sentence,
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clause or phrase thereof irrespective of the fact that one or more
of the sections, subsections, clauses, sentences or phrases
thereof may be declared to be invalid or unconstitutional.
SECTION 12: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
SECTION 13: This ordinance shall be in full force and
effect thirty (30) days from and after its passage by the City
Council.
APPROVED AND ADOPTED this 20th day of May, 1997.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
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EONIS C. MALBU G, Mayo
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1048, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on
Tuesday, May 20, 1997, and thereafter finally adopted at a regular
meeting of said City Council held on Tuesday, June 2 ,
1997, and thereafter was duly signed by the Mayor of the City of
Vernon, by the following vote:
(SEAL)
AYES: 4
NOES: 0
ABSENT: 1
Councilmen: Malburg, Ybarra, Gonzales
Davis
Councilmen: None
Councilmen: McCormick
BRUCE V. MALKENHORST, City Clerk
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INDEX TO EXHIBIT A
(FOR INFORMATION ONLY)
CHAPTER 28
SUBDIVISIONS.
ARTICLE 1. IN GENERAL.
Sec. 28.1. Applicability of Subdivision Map Act.
Sec. 28.2. Conformity to General Plan and Zoning Ordinance.
Sec. 28.3. Dedication; public improvements; minimum requirements.
Sec. 28.4. Improvement security.
Sec. 28.5. Supplemental improvements.
Sec. 28.6. Environmental impact.
Sec. 28.7. Grading and erosion control.
Sec. 28.8. Waiver of direct access to streets.
Sec. 28.9. Filing fees. (former §2.5 -3, as amended).
Sec. 28.10 Map- checking fee. (former §2.5 -3.1, as amended).
Sec. 28.11 -14 (Reserved)
ARTICLE II. SOIL INVESTIGATIONS.
Sec. 28.15. Preliminary soil report -- Required (former §22A.1, as
amended).
Sec. 28.16. Same — Waiver (former §22A.2).
Sec. 28.17. Same — Findings requiring soil investigation (former
§22A.3).
Sec. 28.18. Preparation of soil investigation; recommendations
(former §22A.4).
Sec. 28.19. Recommendations to be incorporated in construction of
buildings (former §22A.5).
Sec. 28.20. Approval of soil investigation (former §22A.6).
Sec. 28.21. Liability of city (former §22A.7).
Sec. 28.22 -24. (Reserved)
ARTICLE III.
Sec. 28.25.
Sec. 28.26.
Sec. 28.27.
Sec. 28.28.
Sec. 28.29.
Sec. 28.30.
Sec. 28.31.
Sec. 28.32.
Sec. 28.33.
INDEX TO EXHIBIT A
(FOR INFORMATION ONLY)
CHAPTER 28
SUBDIVISIONS.
TENTATIVE MAPS.
Contents of tentative map; filing
Information to accompany tentative map.
Vicinity map.
Map restrictions.
Lots to conform to minimum requirements.
Action by city engineer.
Approval of tentative maps; conditions or
modifications.
Grounds for city council disapproval.
Expiration or extension of tentative map approval.
Sec. 28.34. (Reserved)
ARTICLE IV. FINAL MAPS AND PARCEL MAPS.
Sec. 28.35. Contents of final map or parcel map.
Sec. 28.36. Preparation of final map or parcel map.
Sec. 28.37. Documents to accompany final map or parcel map.
Sec. 28.38. Final map or parcel map examination.
Sec. 28.39. Approval, modification, or rejection by city council.
Sec. 28.40. Monuments.
Sec. 28.41. Filing of final map or parcel map.
Sec. 28.42. Expiration of time limit.
Sec. 28.43. Modification of requirements.
Sec. 28.44. (Reserved)
INDEX - 2
ARTICLE V.
Sec. 28.45.
Sec. 28.46.
Sec. 28.47.
Sec. 28.48.
Sec. 28.49.
INDEX TO EXHIBIT A
(FOR INFORMATION ONLY)
CHAPTER 28
SUBDIVISIONS.
MERGER OF NONCONFORMING CONTIGUOUS PARCELS.
Preamble (former §22A.8, as amended).
When merging required (former §22A.9, as amended).
Director of Community Services to file for recordation
with county (former §22A.10, as amended).
Determining conformance to standards for development
(former §22A.11, as amended).
Adoption of California Government Code Section
66451.11 et seq. by reference (former §22A.12, as
amended).
Sec. 28.50 -54. (Reserved)
ARTICLE VI. APPEALS.
Sec. 28.55. Appeal.
Sec. 28.56. Appeal notification.
Sec. 28.57. Appeal rejected; limitation on refiling.
INDEX - 3
Sec. 28.1.
EXHIBIT A
CHAPTER 28
SUBDIVISIONS.
Article 1. In General.
Applicability of.Subdivision Map Act.
Except as otherwise provided herein, the regulation and
control of subdivisions in the City of Vernon will be exercised in
accordance with the provisions of the Subdivision Map Act contained in
Division 2 of Title 7 of the Government Code of the State of
California (beginning with Section 66410 thereof).
Sec. 28.2. Conformity to General Plan and Zoning Ordinance.
All subdivisions, lot splits, and lot line adjustments shall
conform to the General Plan and the Comprehensive Zoning Ordinance of
the City of Vernon, and with any specific plan and the Master Plan of
Streets. A building permit may be withheld for any parcel of land
which does not comply with the procedures set forth herein. A
certificate of compliance or a conditional certificate of compliance
for any parcel of land which complies or can comply with the
Subdivision Map Act and this Chapter will be issued on request
pursuant to the provisions of California Government Code Section
66499.35.
Sec. 28.3. Dedication; public improvements; minimum
requirements.
(a) As a condition to approval of a final or parcel map,
the applicant shall dedicate or make an irrevocable offer of
dedication of all land within the subdivision that is needed for
streets, alleys, including access rights and abutter's rights,
EXHIBIT A
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drainage, public utility easements and other public easements.
(b) As a condition to approval of a final or parcel map
and to the extent required by the city council, the applicant shall
improve or agree to improve all necessary streets, highways, alleys,
ways or easements. Such improvement shall be installed at lines and
grades in accordance with standard specifications approved by the city
engineer and shall include any or all of the following:
(1) Curbs, gutters, and sidewalks.
(2) Services from public utilities where provided.
Such services shall be installed and made available for each lot in
such manner as will obviate the necessity for disturbing the street
pavement, curb, gutter, and sidewalk when service connections are
made.
(3) Fire hydrants at a maximum interval not to
exceed one hundred fifty (150) feet staggered.
(4) Grading, drainage, and drainage structures
necessary for proper use and the public safety.
(5) Permanent subdivision survey monuments. Such
monuments shall be placed at corners of all lots in accordance with
the section 28.39, "Monuments."
(6) Pavement of a width and quality as set forth in
the city standard drawing.
(7) Sanitary sewer facilities and connections for
each lot where in the opinion of the city engineer an outfall sewer is
reasonably available.
(8) Street lights in accordance with city standards.
(9) Street trees to city specifications on type,
size and location.
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(c) In addition to such minimum improvements, the city
council may require such other improvements and facilities as special
conditions may require.
Sec. 28.4. Improvement security.
As a condition to approval of a final or parcel map, the city
council may require the posting of a performance bond or payment of an
improvement security in the amount of one hundred twenty -five (125)
percent of the cost of the improvements to public property or for
monumentation. Such bond shall not be released until such
improvements are constructed and until copies of the final map have
been filed with the city clerk. If such security is used by the city
to construct the improvements, a refund will be given if the cost of
installation, including administrative costs, is less than the amount
of the security. If such cost is higher than the security posted,
then the subdivider shall pay the balance to the city.
Sec. 28.5. Supplemental improvements.
As a condition to the approval of a final or parcel map, the
applicant may be required to install improvements which involve
additional size, capacity or number that in the future will benefit
properties not within the subdivision, and thereafter to dedicate such
improvements to the public. However, the city engineer may require
the developer of any such benefitted property at the time of its
development, to reimburse the applicant for a pro rata share of the
costs plus six (6) percent interest.
Sec. 28.6. Environmental impact.
No final or parcel map filed pursuant to the provisions of
this chapter shall be approved until an environmental review has been
conducted by the Director of Community Services. The applicant shall
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provide such data and information, and shall deposit and pay such
fees, as may be required for the preparation and processing of
environmental review documents.
Sec. 28.7. Grading and erosion control.
Every map approved pursuant to this chapter shall be
conditioned on compliance with the requirements for grading drainage
and erosion control, including the prevention of sedimentation or
damage to off -site property, set forth in this chapter.
Sec. 28.8. Waiver of direct access to streets.
The city council may impose a requirement that any final or
parcel map shall include a waiver of direct access rights to a street
or a portion thereof from any property shown as abutting thereon as
long as other reasonable access is available thereto.
Sec. 28.9. Filing fees.
At the time of filing any map or requesting a certificate of
compliance, the applicant shall pay to the city and /or to the county
the amounts set by resolution of the city council and /or required by
the county.
Sec. 28.10. Map - checking fee.
Upon submission of a map for checking, the subdivider shall
pay a map- checking fee to the city as set by resolution of the city
council or to the county as required in addition to all other fees and
charges required by law.
Sec. 28.11 -14. (Reserved)
Article II. Soil Investigations.
Sec. 28.15. Preliminary soil report -- Required.
In accordance with Section 66490 of the California Government
Code, prior to the approval of any final map, there must be submitted
to the building department of the city a preliminary soil report
prepared by a civil engineer who is registered by the state, based
upon adequate test borings or excavations.
Sec. 28.16. Same — Waiver (former Section 22A.2, unchanged)
Sec. 28.17. Same - Findings requiring soil investigation (former
Section 22A.3, unchanged)
Sec. 28.18. Preparation of soil investigation; recommendations
(former Section 22A.4, unchanged)
Sec. 28.19. Recommendations to be incorporated in construction of
buildings (former Section 22A.5, unchanged)
Sec. 28.20. Approval of soil investigation (former Section 22A.6,
unchanged)
Sec. 28.21. Liability of city (former Section 22A.7, unchanged)
Sec. 28.22 -24. (Reserved)
Article III. Tentative Maps.
Sec. 28.25. Contents of tentative map; filing.
A tentative map filed as provided in this article shall
delineate and indicate all information required by the city engineer.
A minimum of five (5) copies of a tentative map shall be filed with as
many additional copies as may be required by the city engineer.
Sec. 28.26. Information to accompany tentative map.
(a) A tentative map filed as provided in this article shall
be accompanied by reports and written statements from the applicant
giving essential information regarding those matters required by the
city engineer, including:
(1) Subdivision development plan.
(2) Source, quality and an estimate of available
quantity of water supply.
(3) Location of existing public improvements,
including utilities and fire hydrants.
(4) Proposed street improvements and utilities.
(5) Proposed method and amount of sewage disposal.
(6) An estimate of electric power requirements.
(7) Covenants and easements recorded or proposed to be
recorded.
(8) Proposed tree planting.
(9) Preliminary soil report unless waived by city
engineer.
(10) Location of all existing buildings and on -site
improvements.
(11) A vicinity map.
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(b) A tentative map shall be accompanied by a current
preliminary title report showing title to the property vested in the
applicant.
Sec. 28.27. Vicinity map.
The vicinity map shall contain the following information:
(a) The location of lots within three hundred (300) feet of
the perimeter of the new lots.
(b) All improvements located on the new lots, including:
(1) Existing and proposed utility services to all lots
shown thereon, proposed drainage and proposed changes in drainage, if
any, and proposed regrading.
(2) A statement signed by the owner to the effect that
all new lots to be created will be furnished with utility
installations running separately to or from a main source of supply or
disposal located in a public street, alley or easement.
Sec. 28.28. Map restrictions.
No lot located in any zone shall be separated in ownership or
reduced in size below the minimum required lot size except in
conformity with the provisions of this article. A lot, piece or
parcel may be divided only if each parcel created thereby has an area
sufficient to meet building setback, parking, and fire access
standards; provided, however, that, in any proposed lot split, a
resulting parcel may be permitted; provided:
(a) Such substandard parcel is combined with an adjacent
parcel as a unit.
(b) Such combined parcels then equal or exceed the building
setback, parking, and fire access standards for such lots.
"Adjacent," as used in this section shall mean parcels having
contiguous boundaries.
Sec. 28.29. Lots to conform to minimum requirements.
All lots proposed to be created pursuant to the provisions of
this article shall conform to the minimum requirements for a new
subdivision set forth in the Subdivision Map Act and in this chapter,
and all lots shall have frontage on or access to a public street.
Sec. 28.30. Action by city engineer.
Within fifty (50) days after the filing of the tentative map,
the city engineer shall make a written report to the city council and
shall recommend that it approve, conditionally approve, or disapprove
the map. In recommending the division of property, the city engineer
shall recommend such conditions as are deemed necessary to protect the
best interests of the surrounding property and neighborhood consistent
with the general purposes and intents of this chapter, including, but
not limited to, adequate provisions for fire protection, easements for
public utilities, improvements of all abutting streets and alleys to
the standards in this chapter, and a performance bond or an
improvement security.
Sec. 28.31. Approval of tentative maps; conditions or modifications.
The city council may approve, conditionally approve, or
disapprove a tentative map, subject to any or all of the conditions
recommended by the city engineer, or subject to other conditions which
the city council deems proper.. The city council may impose
conditions on the tentative map or may find and determine that any of
the foregoing provisions of this article should be modified or
omitted.
Sec. 28.32. Grounds for city council disapproval.
The city council may disapprove a tentative map (a) because
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of flood hazard and inundation; (b) because the discharge of waste
from the proposed subdivision into an existing community sewer system
would result in violation of existing requirements prescribed by the
California Regional Water Quality Control Board pursuant to Division 7
(commencing with Sections 13000 of the Water Code); (c) for any of the
reasons set forth in California Government Code Section 66474; or (d)
for any other reasonable grounds.
Sec. 28.33. Expiration or extension of tentative map approval.
(a) Expiration. The approval or conditional approval of a
tentative map shall expire twenty -four (24) months from the date the
map was approved or conditionally approved.
(b) Extension. The person filing the tentative map may
request an extension of the map approval or conditional approval by
written application to the city council. Such application shall be
filed at least fifteen (15) days before the approval is due to expire.
The application shall state the reasons for requesting the extension.
In granting the extension, the conditions may be revised or new
conditions imposed.
(c) Time limit on extensions. An extension or extensions of
tentative map approval or conditional approval shall not cumulatively
exceed an additional five (5) years beyond the original expiration
date.
(d) Effect of map modification on extension. Modification of
a tentative map after approval or conditional approval shall not
constitute an extension of such time limits. Any substantive
modification as determined by the city engineer shall terminate all
proceedings for the original tentative map and no final map or parcel
map of all or any portion of the real property included within such
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original tentative map shall be filed without first processing a new
tentative map.
Sec. 28.34. (Reserved)
Article IV. Final Maps and Parcel Maps.
Sec. 28.35. Contents of final map or parcel map.
After approval or conditional approval of a tentative map or
if the tentative map is waived, the applicant may cause a final map or
a parcel map to be prepared. Final maps filed as provided in this
article shall delineate and indicate the information required by the
city engineer.
Sec. 28.36. Preparation of final map or parcel map.
(a) The final map or parcel map shall be prepared in
accordance with the completed survey of the subdivision and in
substantial compliance with the approved tentative map, if any, and in
full compliance with the Subdivision Map Act and this chapter.
(b) The final map or parcel map shall comply with the
requirements of the city engineer as to size, materials, title sheets,
surveys, easements, monuments, streets, boundaries, lots, areas, etc.,
shall include the information required by the city engineer, and
shall contain the exact dimensions and bearings of each line, the
monuments set, and all other matters required by the Subdivision Map
Act and this Chapter.
(c) Five (5) copies of each proposed final map or parcel map
shall be filed with the city engineer. The city engineer shall submit
these maps to the several departments and agencies concerned. Each
department shall make its report and recommendations within thirty
(30) days after filing of the map.
(d) The original final map shall be made on good tracing
cloth or polyester film base.
///
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Sec. 28.37. Documents to accompany final map or parcel map.
The final map or parcel map shall be accompanied by such
information as is required by the city engineer, including but not
limited to:
(a) Traverse sheets and work sheets showing the property
within allowable limits of error, the exterior boundaries, and each
irregular block and lot of the subdivision.
(b) Plans and specifications of the proposed improvements
together with the necessary bonds or guarantees as provided herein.
(c) A copy of the protective covenants to be recorded.
(d) Square footage including:
(1) The total area of the subdivision.
(2) The area of each street.
(3) The total area in streets.
(4) The area of each lot.
(5) The total area in lots.
(e) Dedication or offer of dedication for all required
streets, easements, etc.
(f) A current title report.
Sec. 28.38. Final map or parcel map examination.
(a) After the issuance of a receipt for a final map or
parcel map, the city engineer shall examine it as to sufficiency of
affidavits and acknowledgements, correctness of surveying data,
mathematical data and computations and such other matters as require
checking to insure compliance with the provisions of the Subdivision
Map Act and this chapter.
(b) If the final map or parcel map is found to be correct
and in accordance with the approved tentative map, the city engineer
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shall endorse his approval thereon and transmit it to the city council
together with plans and specifications of proposed improvements and
such other documents as are required to enable the city council to
approve or disapprove the final map or parcel map together with a
statement setting forth any grounds for disapproval.
(c) Unless otherwise determined by the city engineer, the
final map shall be submitted to the county engineer for a map check.
Sec. 28.39. Approval, modification, or rejection by city council.
(a) If the city council finds that the final map or parcel
map does not comply with the legal requirements, it shall reject such
map or order its modification to conform with the legal requirements.
In the event of such rejection or order for modification by the city
council, the city engineer shall forthwith notify the applicant by
mail of such action.
(b) The applicant may amend or modify such map and the
copies thereof to conform with the conditions or order of the city
council, or may prepare a new map and file five (5) copies thereof
with the city engineer in the form and manner provided. The same
procedure for the filing, approval, rejection or modification of the
original map shall be followed with reference to such amended,
modified or new map.
Sec. 28.40. Monuments.
(a) Monuments shall be set by a California licensed land
surveyor or engineer either (1) prior to recording the final map or
parcel map; or (2) after recording the final map or parcel map if a
bond or cash deposit has been delivered to the city in the amount
required by the city engineer.
(b) At the time of making the boundary survey for the
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subdivision, the surveyor or the engineer shall set sufficient
permanent monuments not smaller than a two (2) inch diameter iron pipe
at least eighteen (18) inches long, with concrete core and disk
stamped with surveyor or engineer number at each tract corner and
angle point, at each lot corner and block corner, and at beginning and
end points of all curves. Lead plug and copper identification disks
shall be set in concrete sidewalks.
(c) The surveyor or engineer shall also set the city
monuments within the subdivision.
(d) All monuments necessary to establish the exterior
boundaries of the subdivision shall be set or referenced prior to
recordation of the final map.
Sec. 28.41. Filing of final map or parcel map.
(a) After approval by the city council, the final map or
parcel map bearing only the certificates required by the Subdivision
Map Act shall be transmitted to the county recorder for recording.
Five (5) copies of the final map or parcel map shall be filed with the
city clerk immediately after recordation.
(b) The owner's certificate and subdivision guarantee, as
well as the recording fee, shall be paid at the time of the filing of
the final map or parcel map with the county recorder.
Sec. 28.42. Expiration of time limit.
Any failure to record a final map or parcel map within the
period prescribed by this chapter from the date of approval of the
tentative map or an extension thereof granted by the city council,
shall terminate all proceedings. Before a final map or parcel map may
thereafter be recorded, a new tentative map shall be submitted, all in
accordance with the Subdivision Map Act.
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Sec. 28.43. Modification of requirements.
The city council may (1) take such action as in its
discretion it deems proper, (2) modify or omit any of the provisions
of this article, or (3) make such conditions as it deems necessary
which do not adversely affect the health, safety or general welfare of
the public. Any such action, modification, omission, or condition
shall not establish a precedent.
Sec. 28.44. (Reserved)
Article V. Merger of Nonconforming Contiguous
Parcels.
Sec. 28.45. Preamble.
The City of Vernon during its long history has approved the
subdivision of property which was in conformance with legal
requirements at the time that the subdivisions were approved. The
legislature of the State of California has modified and substantially
altered the Subdivision Map Act and there exist many parcels of
property in the City which do not conform to the current requirements
of the Subdivision Map Act. Many of these nonconforming parcels
cannot be developed in conformance with current requirements, and
property owners have combined many of these nonconforming parcels and
erected buildings thereon. Section 66451.10 et seq. of the California
Government Code authorize a local agency to provide that nonconforming
contiguous parcels held by the same owner shall be merged.
Sec. 28.46. When merging required.
In accordance with said California Government Code sections,
it is hereby provided that any contiguous parcels or units of property
held by the same owner (1) which do not conform to standards for
minimum parcel size to permit use or development under a zoning,
subdivision or other ordinance of the City, and (2) at least one of
which contiguous parcels or units is not developed with a building for
which a permit has been issued by the City or which was built prior to
the time such permits were required by the City, shall be merged as
provided for therein.
Sec. 28.47. Director of Community Services to file for recordation
with county.
The Director of Community Services is authorized to file for
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recordation with the Recorder of the County of Los Angeles a notice of
such merger specifying the names of the record owners and particularly
describing the real property; provided that, at least thirty (30) days
prior to the recording of the notice, the owner of the parcels or
units to be affected by the merger shall be advised in writing of the
intention to record the notice and specifying a time, date and place
at which the owner may present evidence to the city council as to why
such notice should not be recorded.
Sec. 28.48. Determining conformance to standards for development.
In implementing Sections 66451.10 et sea. of the California
Government Code, the Director of Community Services shall specifically
consider the parking requirements of the existing property when
determining whether the parcels or units conform to standards for
development within the City.
Sec. 28.49. Adoption of California Government Code Section 66451.10
et seq. by reference.
It is the intention of the city council to implement Section
66451.10 et seq. of the California Government Code and, therefore,
said sections and subsequent amendments thereto are hereby
incorporated by this reference as though fully set forth at length and
shall be considered in interpreting this article.
Sec. 28.50 -54. (Reserved)
Article VI. Appeals.
Sec. 28.55. Appeal.
The provisions of the Subdivision Map Act shall apply to all
appeals.
Sec. 28.56. Appeal notification.
After an appeal, the city clerk shall notify the applicant by
mail of the action of the city council.
Sec. 28.57. Appeal rejected; limitation on refiling.
In the event the council shall have rejected the appeal by
the applicant, the applicant and his successors and assigns shall be
barred from filing a new application with reference to such lot or
parcel or any part thereof for a period of one year from the date of
such rejection except upon the ground of new evidence or changed
conditions.
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tem
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator /City Clerk
FAX: (213) 581 -7924
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (818) 330 -5818
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583 -8811
May 15, 1997
KEVIN WILSON
f Community Services & Water
FAX: (213) 588 -2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583 -1983
DAVE TELFORD
Fire Chief
FAX: (213) 581 -1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581 -1178
Communication from Bruce V. Malkenhorst, City Clerk, dated May 15,
1997, advising that Chapter 22A of the Vernon City Code which deals
with subdivisions needs to be updated to comply with the Subdivision
Map Act. An ordinance has been prepared that sets forth procedures
and regulations for submitting, reviewing, and approving Tentative and
Final Parcel Maps.
Also, Chapter 19, Railroads, should be consolidated into Chapter 22,
Streets and Sidewalks, with minor amendments clarifying existing
language.
This has been reviewed by the Director of Community Services and City
Attorney, and it is hereby recommended that the followin)k ordinances
be adopted reflecting the changes.
BVM /hr
Very truly yours,
el. T�Ialken4
City Clerk
May 13, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson Director of Community Services
& Water
SUBJECT: CITY CODE
The City Attorney's office and I have reviewed two sections
of the Vernon City Code and determined that amendments are
necessary.
Chapter 22A deals with subdivisions. This section has not
been updated recently and therefore is not in line with the
Subdivision Map Act. We have developed a new ordinance in
compliance with the Subdivision Map Act. The ordinance sets
procedures and regulations for submitting, reviewing and
approving Tentative Parcel and Final Maps.
In addition we have reviewed Chapter 19, Railroads, and have
determined that the chapter should be consolidated into Chapter
22, Streets and Sidewalks, with only minor amendments clarifying
the existing language.
It is hereby recommended that both ordinances be adopted by
City Council. The City Attorney will provide your office with
the ordinances.
SKW:ps
cc: City Attorney
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF VERNON
I, Gloria J. Orosco, Chief Deputy City Clerk of the
City of Vernon, do hereby certify that on the 10th day of June
1997, there was posted three (3) copies of:
ORDINANCE NO. 1048 - An Ordinance of the City of Vernon
Amending the Code of the City of Vernon, California, 1959,
by Renumbering Certain Code Sections Pertaining to the
Subdivision Map Act in Chapter 22A and by Adding Chapter 28,
Articles I through VII, and Repealing All Ordinance or
Parts of Ordinances in Conflict therewith
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
loria J. Or.'o
Chief Deputy City Clerk
Date: 4?///.0///f7
:AfdvtPstg
Subscribed and sworn to before
me this l° of 1997
Notary Public
County of Los
Of California
in and for the
Angeles, State
SHARON L. DUCKWORTH
COMM. # 1061096
Notary Public — California
LOS ANGELES COUNTY
My Co:nm. Expires JUN 9. 1999
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