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).

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).

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).

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).

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).

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).

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).

The city manager or his authorized representative is hereby designated as the community development director. (Ord. 806 § 1, 2007).

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).

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).

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).

“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, the imposing of requirements or conditions thereon or having the authority to approve, conditionally approve, or disapprove maps as prescribed by this division.

“Appeal board” shall mean and refer to the city council of the city of Bell Gardens.

“Certificate of compliance” shall mean a document recorded by the county recorder which identifies, by legal description, certain real property and states that the division thereof complies with applicable provisions of this division and the Map Act.

“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or a subleasehold. (Section 783 of the California Civil Code.)

“Condominium conversion” means the conversion of existing developed real property into a condominium, a community apartment project, or a stock cooperative.

“Condominium project” means a proposed development or an existing building proposed for conversion to a condominium, stock cooperative or community apartment project through approval of a conditional use permit and a tract or parcel map pursuant to this division and the Map Act.

“Council” shall mean and refer to the city council of the city of Bell Gardens as established by city ordinance.

“Department” shall mean the community development department of the city of Bell Gardens unless otherwise specified.

“Design” means:

1. Street alignments, grades, and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and fire breaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park or recreational purposes; and

9. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to, or implementation of, the general plan or any adopted specific plan. (From the definition contained in the Map Act.)

“Director” shall mean the director of the community development department unless otherwise specified.

“Final map” means a map showing a subdivision for which a tentative and final map is required by the Map Act or this division, prepared in accordance with the provisions of this division and the Map Act designed to be recorded in the office of the county recorder.

“General plan” means the general plan of the city of Bell Gardens, adopted on July 27, 1995, and any amendment thereto.

“Government Code” shall mean the Government Code of the state of California.

“Improvement” refers to such street work, storm drainage, utility, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.

Improvements shall be constructed in accordance with the city of Bell Gardens standard specifications and details and/or, when applicable, with standards as adopted by local utility companies and approved by the city engineer.

“Lot” means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale, lease, or separate use.

“Map Act” means the Subdivision Map Act of the state of California.

“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel pursuant to Section 66424.2 of the Map Act.

“Parcel map” means a map showing a division of land of four or less parcels or as otherwise provided by this division, prepared in accordance with the provisions of this division and the Map Act.

“Planning commission” shall mean and refer to the planning commission of the city of Bell Gardens as established by city ordinance.

“Subdivider” means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

“Subdivision” means the division, by any subdivider, of any unit or units of any improved or unimproved contiguous land shown on the latest equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for the purpose of computing the number of parcels.

“Subdivision” does not include:

1. Buildings divided into apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing;

2. Land divided by mineral, oil, or gas leases; or

3. Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.

“Subdivision improvement standards” means standard details, standard specifications, and other standards approved by the city engineer that shall govern the improvements to be constructed pursuant to this division and the Map Act.

“Tentative map” refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it.

“Zoning ordinance” shall mean this title, or any ordinance enacted under the zoning powers of the city. (Ord. 806 § 1, 2007).

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).

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).

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).

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:

1 The commission’s decision may be appealed to the council.

(Ord. 806 § 1, 2007).

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).

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).

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).

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).

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).

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).

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this division. (Ord. 806 § 1, 2007).

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).

The purpose of this chapter is to provide for the submittal and processing of tentative parcel and tentative tract maps for the subdivision of land in compliance with the subdivision regulations. (Ord. 806 § 1, 2007).

The form and contents, submittal, and approval of tentative parcel and tentative tract maps of a subdivision shall be in accordance with the Map Act and the provisions of this chapter. (Ord. 806 § 1, 2007).

After noting the requirements of this chapter, it is desirable that the subdivider confers with the city planning and engineering staff before preparing and filing a tentative parcel or tentative tract map. (Ord. 806 § 1, 2007).

A. Tentative Tract Maps. The tentative tract maps shall be prepared in a manner acceptable to the community development director and city engineer and shall be prepared by a registered civil engineer or licensed land surveyor.

The tentative tract map shall be clearly and legibly drawn on one sheet at a scale not less than 100 feet to the inch and contain not less than the following:

1. A title with the subdivision number assigned by the county engineer, subdivision name, and type of subdivision.

2. Name, address, and telephone number of legal owner, subdivider, and person preparing the map (including registration number).

3. Sufficient legal description to define the boundary of the proposed subdivision.

4. Date, north arrow, scale, and contour interval.

5. Existing and proposed land use.

6. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.

7. Existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited to:

a. Sufficient elevations of existing ground to indicate the existing drainage pattern of the site.

b. Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

c. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.

d. The approximate location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of each watercourse.

e. The location, pavement and right-of-way, grade and name of existing streets or highways.

f. The widths, location, and identity of all existing easements.

g. The location and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated.

8. Proposed improvements to be shown shall include, but not be limited to:

a. The location, grade, center line radius and arc length of curves, pavement and right-of-way width, and names of all streets. Typical sections of all streets shall be shown.

b. The location and radius of all curb returns and cul-de-sacs.

c. The location, width, and purpose of all easements.

d. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.

e. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot.

f. Proposed common areas and areas to be dedicated to public open space.

g. The location and size of sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

9. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative parcel and tentative tract maps.

10. The source and date of existing contours.

11. All lettering size shall be one-eighth inch minimum.

12. Certificates for execution by the secretary of the planning commission indicating the approval of the tentative parcel or tentative tract maps and the date thereof by the planning commission, and a certificate by the city clerk indicating the approval by the city council.

13. If the subdivider plans to develop the site as shown on the tentative parcel or tentative tract maps in units, then he shall show the proposed units and their proposed sequence of construction on the tentative parcel or tentative tract maps.

14. The city engineer may waive any of the foregoing tentative parcel or tentative tract maps requirements whenever he finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The city engineer may require other such drawings, data, or other information as deemed necessary.

B. Tentative Parcel Map. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be as approved by the city engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be as approved by the city engineer.

The tentative parcel map shall show the following information:

1. Name, address, and telephone number of legal owner, subdivider, and person preparing the map (including registration number).

2. Assessor’s parcel number.

3. Date prepared, north arrow, scale, and contour interval.

4. Existing and proposed land use.

5. Title.

6. A vicinity map, sufficient to show the relation to the local community.

7. Existing topography of the site and at least 100 feet from its boundary including, but not limited to:

a. Sufficient elevations of existing ground to indicate the existing drainage pattern of the site.

b. Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

c. The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

d. The location, width, and direction of flow of each watercourse.

e. The location, pavement and right-of-way width, grade, and name of existing streets or highways.

f. The location and type of street improvements.

g. The location, size, and slope of existing storm drains.

h. The location, width, and identity of existing easements.

i. Any improvements proposed by the owner shall be shown.

j. If the site is to be graded, proposed contours shall be shown or an approved grading plan submitted. (Ord. 806 § 1, 2007).

An application for a tentative parcel or tentative tract map shall be filed with the department in compliance with BGMC 9.76.050, Application filing and fees. In addition, the tentative parcel or tentative tract map shall be prepared in a manner acceptable to the community development department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative parcel map or tentative tract map shall be clearly and legibly drawn and shall contain the information identified in BGMC 9.78.040, Form and contents, unless waived by the city engineer. The department may also require additional materials, exhibits, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the subdivision regulations. Tentative parcel or tentative tract map applications shall be determined to be complete only when accompanied by the following:

A. Application. All necessary application forms, materials and exhibits as established by the department are accepted as adequate.

B. Title Report. A preliminary title report showing the legal owners and any encumbrances and easements accepted as adequate by the city engineer.

C. Environmental Assessment. The time limits set forth in this division for taking action on tentative parcel and tentative tract maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared and processed, and a final environmental document, prepared in accordance with the provisions of the California Environmental Quality Act, is available for concurrent consideration with the tentative parcel and tentative tract maps. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents pursuant to the city’s procedures for implementation of the California Environmental Quality Act.

D. Utility Certification. Certification in writing from all utilities that the proposed subdivision can be adequately served. The city engineer may defer the required certifications until after the filing of the tentative parcel and tentative tract maps. Certification requirements contained herein shall not apply to condominium conversions.

E. Other Reports. Any other data or reports reasonably deemed necessary by the community development director or as required by Chapter 9.90 BGMC, Condominium and Condominium Conversion, or other ordinances of the city.

F. Fees/Deposits. All fees and/or deposits have been submitted and accepted.

Tentative parcel and tentative tract maps shall be considered by the planning commission and city council in compliance with BGMC 9.76.040, Authority for subdivision decisions, with a noticed public hearing.

An application for approval of a tentative parcel or tentative tract map in compliance with the subdivision regulations shall be submitted prior to or concurrently with all applications for other necessary discretionary city approvals for the development. (Ord. 806 § 1, 2007).

The tentative parcel and tentative tract maps shall be considered for filing only when such map conforms to BGMC 9.78.040, Form and contents, and when all accompanying data or reports, as required by BGMC 9.78.050, Accompanying data and reports, have been submitted and accepted by the community development director and all application fees pursuant to BGMC 9.76.050(A), Application Contents, have been paid in full.

The subdivider shall file with the community development department the number of tentative parcel and tentative tract maps the director may deem necessary. (Ord. 806 § 1, 2007).

The division of land committee shall meet to review and make recommendations and comments on the tentative parcel or tentative tract map. A report containing their recommendations or comments concerning the tentative parcel or tentative tract map and its bearing on the community shall be submitted to the planning commission. Such reports shall be in writing and a copy shall be served to the subdivider, and to each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by the planning commission. Any subsequent reports prepared by the committee for consideration by the city council after action by the planning commission shall likewise be in writing and a copy of such report shall be similarly served upon the subdivider, and on each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to action on the tentative parcel or tentative tract map by the city council. (Ord. 806 § 1, 2007).

The planning commission shall approve, conditionally approve, or disapprove the tentative parcel or tentative tract map of a subdivision within 50 days after such map has been filed and in compliance with BGMC 9.78.050, Accompanying data and reports. The 50-day period specified above shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The action of the commission shall be recorded in the form of a resolution and shall contain the facts and reasons for the approval, conditional approval, or denial of the tentative parcel and tentative tract maps. No tentative parcel or tentative tract maps shall be approved unless the commission finds that the proposed subdivision, along with its design and improvement, is consistent with the general plan of the city or any applicable specific plans. An action of denial shall be based on the findings of California Government Code Section 66474. The city clerk shall report the commission’s action on the tentative parcel and tentative tract maps to the subdivider and to the city council within 15 days following such action. Time limits specified herein shall be modified only to the extent provided within the Subdivision Map Act. (Ord. 806 § 1, 2007).

The commission shall record its decision in writing with the findings upon which the decision is based. The commission may approve an application for a tentative parcel or tentative tract map, with or without conditions, supported by the findings required by the Subdivision Map Act and by the findings required by the California Environmental Quality Act. (Ord. 806 § 1, 2007).

In approving a tentative parcel or tentative tract map, the decision-making body may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by BGMC 9.78.090, Findings and decision.

The decision-making body may require, as a condition of its approval, that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance. (Ord. 806 § 1, 2007).

A. Appeals. The decision of the commission may be appealed to the city council in accordance with BGMC 9.76.090, Appeals.

B. Time Extensions. Time extensions may be granted in compliance with BGMC 9.76.100, Expirations – Time extensions. If a tentative parcel or tentative tract map is not recorded within the established time frame, and a time extension is not granted, the tentative parcel or tentative tract map shall be deemed to have expired. (Ord. 806 § 1, 2007).

The form, contents, accompanying data, and filing of the final map shall conform to the provisions of this chapter.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall be based upon a survey and shall conform to the provisions of this chapter. (Ord. 806 § 1, 2007).

The form of the final map shall conform to the Map Act and as provided herein.

The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Certificates, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall not be less than one inch equal to 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet will be included.

All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

The final form on the final map shall be as approved by the city engineer. (Ord. 806 § 1, 2007).

The contents of the final map shall conform to the Map Act and as provided herein.

A. Boundary. The boundary of the subdivision shall be designated by an opaque blue line applied in such a manner as not to obliterate figures or other data.

B. Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded or by reference to the plat of a United States Survey. The following words shall appear in the title: “In the City of Bell Gardens.”

C. Certificates/Statements. The following certificates shall appear only once on the cover sheet:

1. Owners’ Statement. A statement, signed and acknowledged by all parties having record title interest in the land subdivided, except as specified in the Map Act, consenting to the preparation and recordation of the map and offering for dedication to the public certain specified parcels of land.

2. Engineer’s/Surveyor’s Statement. A statement by the engineer or surveyor responsible for the survey and final map shall appear on the map. The statement shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The statement shall state that the map complies with the Map Act and the provisions of this division.

3. City Engineer’s Statement. A statement by the city engineer stating that he has examined the map; that it is substantially the same as it appeared on the tentative parcel and tentative tract maps and any approved alterations thereof; that it complies with all provisions of the Map Act and this division; and that it is technically correct.

4. City Surveyor’s Statement. A statement by the city’s surveyor stating that he has examined the map for conformance with the mapping provisions of the Subdivision Map Act, and that he is satisfied that the map is technically correct.

5. City Clerk’s Certificate. A certificate for execution by the city clerk stating the date and number of the resolution adopted by the city council approving the final map and stating that the city council accepted, accepted subject to improvement, or rejected on behalf of the public any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

D. Scale, North Point, and Basis of Bearings. There must appear on each map sheet the scale, the north point, and the basis of bearings based on Zone III of the California Coordinates and the equation of the bearing to true north. The basis of bearings shall be approved by the city engineer.

E. Linear, Angular, and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street center lines, the boundary lines of the subdivision and the boundary lines of every lot and parcel which is a part thereof. Length, radius, and total central angle or radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

F. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monuments shall be set at (or from offsets as approved by the city engineer) the following locations:

1. The intersection of street center lines.

2. Beginning and end of curves in center lines.

3. At other locations as may be required by the city engineer.

G. Lot Numbers. Lot numbers shall begin with the number “1” in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless otherwise approved by the city engineer.

H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or by name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no such subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

I. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated.

J. Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

K. Easements. Easements for roads or streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turn-outs, benches, shelters, landing pads, and similar items which directly benefit the residents of a subdivision, or storm drainage easements, sanitary sewer easements, or other public uses as may be required, shall be offered for dedication to the public for acceptance by the city or other public agency and the use shall be specified on the map. If, at the time the final map is approved, any of the above-mentioned easements are not accepted by the city council, the offer of dedication shall remain open and the city council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turn-outs, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use, which acceptance shall be recorded in the office of the county recorder.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder’s serial number and date or book and page of official records.

Easements not disclosed by the records in the office of the county recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map identifying the apparent dominant tenements for which the easement was created.

The side lines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the city engineer. (Ord. 806 § 1, 2007).

A. Each lot in a division of land shall have an area not less than either the required area or what will be the required area at the time of the submission of the final map for approval for the zone in which the lot or any portion thereof is located. Each lot shall have an average width of not less than the required width, or what will be the required width at the time of the submission of the final map for approval, or shall contain an area of not less than such required area within a portion which does have an average width of not less than such required width, except as provided in subsection (D) of this section. The required area and the required width shall be the same as those terms which are defined in this title.

B. If a lot is in more than one zone, then the area and width thereof shall be not less than the area and width requirements, respectively, in that zone in which any part of the lot is located which has the largest area requirement and in that zone in which any part of the lot is located which has the greatest width requirement.

C. The above requirements do not apply to any lot that the subdivider offers to deed or dedicate to the public.

D. No lot shall be divided by a city boundary line. Each such boundary line shall be made a lot line.

E. In all cases where practical, the side lines of lots shall be at an approximate right angle to the street upon which such lots front.

F. Wherever practical, divisions of property abutting rights-of-way for freeways, highways, railroads, transmission lines, and flood control channels shall be so designed as to create lots which back up to said rights-of-way.

G. Flag lots shall have a minimum width at the street line of 20 feet and shall have a minimum of 50 feet measured along the building line.

H. The subdivision shall abut upon or have an approved access to a public street. Each unit or lot in the subdivision shall have an approved access to a public street or private street. The street layout shall be designed for future access to, and not impose undue hardship upon, property adjoining the subdivision. Reserve strips, or nonaccess, at the end of streets or at the boundaries of the subdivision shall be dedicated unconditionally to the city when required. (Ord. 806 § 1, 2007).

The final map shall show the center lines and side lines for all streets, highways, and alleys with their lengths and bearings; length, radii, tangent lengths, and central angles, with radial bearings for all curbs and segments; the total width of each street and easement, with the width of any portion being dedicated and that of any existing portion in relation to the center line; and the widths or rights-of-way for railroads, freeways, flood control channels, and all other easements. Surveys made for the preparation of maps for land divisions shall be made in accordance with the Land Surveyors’ Act and the standard practices and principles of land surveying, under the supervision of a civil engineer or land surveyor licensed in the state of California. A traverse of the boundaries of the tract, or the lots or blocks therein, or along the center lines or side lines of the streets and easements shown, shall close within the tolerances and to the degree of accuracy as required by the city engineer.

A. New Monuments. Sufficient permanent monuments shall be set so that the survey or any part thereof may be readily retraced. Such monuments shall generally be placed at the corners and angle points of the exterior boundary of the subdivision, at beginning and ending of curves, at center line intersections of streets, alleys, and public service easements, and at other points of control as required by the city engineer. Stakes shall be set at all lot corners, but shall not be considered permanent. The character, type, and positions of all monuments to be set shall be noted on the map, and shall conform to the requirements of the city engineer. All monuments set shall be tagged with the engineer’s or surveyor’s state license number and designation. Interior monuments and points need not be set at the time the final map is recorded if the engineer or surveyor certifies on the title sheet of the final map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the city council a suitable agreement, and posts a cash bond, guaranteeing the setting of the monuments and payment for the cost thereof.

B. Existing Monuments and Survey Information. The final map shall clearly show all stakes, monuments, ties, or other evidence found while making the survey to determine the tract boundaries. The corners of adjoining lots, subdivisions, and parcels shall be shown and identified, with ties thereto. Reference shall also be made to all subdivisions, records of surveys, parcel maps, and other maps and data of record upon, adjoining, or near the property being divided, combined, or reverted to acreage. Other survey data and calculations, if required by the city engineer, shall be shown on the final map in accordance with his standards and policies.

C. Established Lines and Points. Whenever the city engineer or county surveyor has established the center lines of streets, alleys, or easements, or has located specific points or monuments, such data shall be considered in making the survey and all monuments and points found and used shall be indicated on the map with proper references made to field books, surveys, tie books, or other maps or information of public record. If the points were reset by ties, or if record points were not found, that fact shall be clearly noted and a note made of any new point set in its place. The final map shall also show and tie in the locations of any city boundaries crossing or adjoining the subdivision.

D. Survey Data for Lots. Dimensions of lots shall be the net dimensions. Each lot shall be shown fully on a sheet. All lots containing three-quarters of an acre or more shall show net acreage and, when required by the city engineer, the gross acreage. Whenever acreages are shown for lots, blocks, or for the total tract area, they shall be shown to the nearest thousandth of an acre, and when required by the city engineer, in square feet, to the nearest hundredth of a square foot. (Ord. 806 § 1, 2007).

A. Preliminary Submittal. The subdivider shall submit two sets of prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports, and documents in a form as approved by the city engineer:

1. Improvement Plans. Improvement plans as required by Chapter 9.96 BGMC, Improvements and Dedications.

2. Soils and Geology Report. A soils and geology report shall be prepared and submitted for the subdivision.

3. Evidence of Title. The evidence of title required by the Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by law of the state of California to write the same, showing the names of all persons having any record of title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on any such final map or parcel map of land in the city, the said certificate of title or policy of title insurance shall be issued for the benefit and protection of the city. Such certificate or policy shall be dated and delivered upon request of the city engineer when such final map is ready for recordation.

4. Improvement Bond Estimate. The improvement bond estimate shall include all improvements within public rights-of-way, easements, or common areas and utility trench backfill as provided by the developer, except for those utility facilities installed by a utility company under the jurisdiction of the California Public Utilities Commission.

5. Deeds for Easements or Rights-of-Way. Deeds for easements or rights-of-way required for road or drainage purposes, which have not been dedicated on the final map. Written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

6. Joint Use of Right-of-Way Agreement. Agreements, acceptable to the city, executed by all owners of all utility and other easements within the proposed right-of-way, consenting to the dedication of the road or consenting to the joint use of the right-of-way, as may be required by the city for public use and convenience of the road shall be required. These owners shall join in the dedication and subordinate their rights to the rights of the public in the road.

7. Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street center lines, and monument lines. The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall not exceed 1/20,000.

8. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains.

9. Organization Documents. The submittal of the final map or parcel map shall include the proposed declaration of covenants, conditions and restrictions, and all other organization documents for the subdivision in a form as prescribed by Section 1355 of the Civil Code of the state of California. All documents shall be subject to review by the city engineer and city attorney.

10. Any additional data, reports, or information as required by the city engineer.

B. Return to Subdivider’s Engineer for Corrections. Upon completing the preliminary check the city engineer shall note the required corrections on the preliminary prints, reports, and data and return one set to the subdivider’s engineer for revision.

C. Resubmittal. The subdivider’s engineer shall submit two sets of the revised map, reports, and data to the city engineer. After checking the revisions, one set shall be returned to the subdivider’s engineer marked “Approved as Submitted,” “Approved when Corrected as Noted,” or “Revise and Resubmit.”

D. Approval by the City Engineer. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this division and corrected to its final form, and signed by all parties required by the Map Act and this division to execute the certificates on the map to the city engineer.

The city engineer shall sign the appropriate statements and transmit the original to the city clerk. (Ord. 806 § 1, 2007).

The final map, upon execution by the city engineer, together with the subdivision improvement agreement, shall be placed on the council agenda for their approval. The city council shall consider the final map for approval at its next regular meeting at which it receives the map from the city clerk. The city council shall have approved the subdivision improvement agreement before approving the final map.

If the subdivision improvement agreement and final map are approved by the city council, it shall instruct the mayor to execute the agreement on behalf of the city. If the subdivision improvement agreement and/or final map is unacceptable, the council shall specify their recommended corrections, instruct the city engineer to draft a new agreement and/or revise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted. (Ord. 806 § 1, 2007).

The city council shall deny approval of the final map upon making any of the findings contained in Section 66473 of the Map Act. The city council shall not deny approval of the final map if it has previously approved tentative parcel and tentative tract maps for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative parcel and tentative tract maps. (Ord. 806 § 1, 2007).

Upon approval of the final map by the city council and receipt of the improvement security by the city engineer, the city clerk shall execute the appropriate certificate on the certificate sheet and forward the map, or have an authorized agent forward the map, to the clerk of the county board of supervisors for transmittal to the county recorder. (Ord. 806 § 1, 2007).

The form and contents, submittal, approval, and filing of parcel maps shall conform to the provisions of this chapter and the Map Act. (Ord. 806 § 1, 2007).

The form of the parcel map shall conform to final map form requirements as specified by BGMC 9.80.020, Form. (Ord. 806 § 1, 2007).

The contents of the parcel map shall conform to final map content requirements as specified by BGMC 9.80.030, Contents, and as modified herein.

Certificates shall be in accordance with Section 66449 of the Government Code. (Ord. 806 § 1, 2007).

The size, dimensions, and configuration of lots or parcels created by any division of land shall conform to the requirements as specified by BGMC 9.80.040, Lot design. (Ord. 806 § 1, 2007).

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. (Ord. 806 § 1, 2007).

A. Preliminary Submittal. The subdivider shall submit three sets of prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the data, plans, reports, and documents as required for final maps by BGMC 9.80.060(A), Preliminary Submittal, and as modified herein.

The city engineer may waive any of the requirements of BGMC 9.80.060, Submittal for city approval, upon finding that the location and nature of the proposed subdivision is such as not to necessitate compliance with said requirements.

Any additional information or documents required shall be as specified within the conditions of approval of the tentative parcel map.

B. Return to Subdivider’s Engineer for Corrections. Upon completing a preliminary check, the city engineer shall note the required corrections on the preliminary prints, reports, and data and return one set to the subdivider’s engineer for revision.

C. Resubmittal. The subdivider’s engineer shall submit two sets of the revised map, reports, and data to the city engineer. After checking the revisions, one set shall be returned to the subdivider’s engineer marked “Approved as Submitted,” “Approved when Corrected as Noted,” or “Revise and Resubmit.” (Ord. 806 § 1, 2007).

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Map Act and this division and corrected to its final form, and signed by all parties required by the Map Act and this division to execute the certificates on the map, to the city engineer. The city engineer, upon signing the city engineer’s certificate, shall transmit the original to the city clerk or authorized agent. (Ord. 806 § 1, 2007).

The city engineer shall deny approval of the parcel map upon making any of the findings contained in Section 66474 of the Map Act.

The city engineer shall not deny approval of the parcel map if the planning commission has previously approved a tentative parcel map for the proposed division and if he finds that the parcel map is in substantial compliance with the previously approved tentative parcel map. (Ord. 806 § 1, 2007).

The city clerk or authorized agent shall transmit the approved parcel map directly to the county recorder. (Ord. 806 § 1, 2007).

The city engineer may waive the requirement for a parcel map imposed by BGMC 9.76.010, Maps required; provided, that:

A. A tentative parcel map has been approved by the planning commission pursuant to the provisions of this division and the Map Act; and

B. The city engineer makes the 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 approved tentative parcel map, this division, and the Map Act.

Upon waiving the parcel map requirement the city engineer shall cause to be filed with the county recorder a grant of waiver and certificate of compliance accompanied by the approved tentative parcel map for the land to be divided. (Ord. 806 § 1, 2007).

The purpose of this chapter is to provide for the submittal and processing of lot line adjustments for the modification of existing property lines between four or fewer existing adjoining properties; and provided, that no more parcels are created by the adjustment than existed prior to it in compliance with the subdivision regulations. (Ord. 806 § 1, 2007).

A lot line adjustment shall be approved by the city engineer upon his written finding that:

A. The proposed adjustments to the existing properties result in compliance with applicable zoning and building codes.

B. The lot line adjustment will modify the existing property lines between four or fewer existing adjoining properties and the number of parcels resulting from the adjustment remains the same or is decreased.

C. The proposed adjustments are in compliance with the city’s subdivision regulations and the Subdivision Map Act. (Ord. 806 § 1, 2007).

A subdivider requesting a lot line adjustment shall make an application to the community development director by submitting a written statement of request accompanied by sufficient copies of the following as determined by the director:

A. A plot map that clearly depicts the boundaries and lot area of all parcels subject to the adjustment both before and after the adjustment is approved.

B. The location of all existing structures.

C. The proposed legal description of each parcel to be adjusted.

D. Completed application forms as provided by the community development department.

E. Payment of fees pursuant to the Uniform Fee Schedule adopted by city council. (Ord. 806 § 1, 2007).

The division of land committee shall meet to review and make recommendations and comments on the application for lot line adjustment. A written report containing their recommendations or comments concerning the proposed adjustment and its bearing on the community shall be submitted to the city engineer. (Ord. 806 § 1, 2007).

The city engineer shall approve or disapprove the lot line adjustment within 10 days of his receipt of the division of land committee’s report. The city engineer shall approve the lot line adjustment pursuant to his affirmative determination of findings delineated in BGMC 9.84.020. The city engineer’s decision shall be in written form documenting the findings for approval or reasons for disapproval. (Ord. 806 § 1, 2007).

If any interested party or the applicant who filed the application for lot line adjustment is dissatisfied with any requirement, ruling, finding, or disapproval by the city engineer with respect to the adjustment, he or she shall, within 10 days after such action, appeal in writing to the city council for relief. Said written appeal shall be filed with the city clerk and shall set forth the grounds and reasons for such an appeal. The city council may sustain, modify, or overrule any such ruling, finding, or disapproval of the city engineer. The city council shall approve the lot line adjustment pursuant to its affirmative determination of findings delineated in BGMC 9.84.020. The decision of the city council shall be final. (Ord. 806 § 1, 2007).

Upon approval of the lot line adjustment, the city engineer shall transmit a certificate of compliance form, together with the approved plot map, to the county recorder for recordation.

The lot line adjustment shall be effective upon its being filed for record by the county recorder. (Ord. 806 § 1, 2007).

Subdivided property may be reverted to acreage pursuant to the provisions of this division and the Map Act. This division shall apply to final maps and parcel maps. (Ord. 806 § 1, 2007).

A. By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall contain the information required by BGMC 9.86.030 and such other information as required by the city engineer.

B. By City Council. The city council, at the request of any person or on its own motion, may initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings. (Ord. 806 § 1, 2007).

The petition shall contain, but not be limited to, the following:

A. Adequate evidence of title to the real property.

B. Sufficient data to enable the city council to make all of the determinations and findings required by the Map Act and this chapter.

C. Tentative parcel and tentative tract maps in the form prescribed by BGMC 9.78.040, Form and contents.

D. A final map or parcel map in the form prescribed by BGMC 9.80.020 or 9.82.020 which delineates dedications which will not be vacated and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously designated with the title: “The Purpose of this Map is a Reversion to Acreage.”

E. A deposit as required by the city engineer towards processing and plan-checking costs in accordance with the city’s resolution establishing fees and charges. (Ord. 806 § 1, 2007).

The final map or parcel map for the reversion, together with all other data as required by this chapter, shall be submitted to the city engineer for his review. Upon finding that the petition meets with all the requirements of this division and the Map Act, the city engineer shall submit the final map or parcel map, together with his report and recommendations of approval or conditional approval of the reversion to acreage, to the city council for its consideration. (Ord. 806 § 1, 2007).

A public hearing shall be held by the city council on all petitions for initiation of reversions to acreage. Notice of the public hearing shall be given as provided in Sections 66451.3 and 66451.4 of the Map Act. The city engineer may give such other notice as he deems necessary or advisable.

A. The city council may approve a reversion to acreage only if it finds and records by resolution that:

1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes;

2. At least one of the following:

a. All owners of an interest in the real property within the subdivision have consented to reversion; or

b. None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

c. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

B. The council shall record its decision in writing with the findings upon which the decision is based. The council may approve the reversion to acreage, with or without conditions, supported by the findings required by Section 66499.16 of the Subdivision Map Act. The council shall require as conditions of the reversion:

1. Dedications or offers of dedication for streets, public rights-of-way or easements necessary to accomplish the purposes of the subdivision regulations;

2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or the subdivision regulations; and

3. Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the subdivision regulations or necessary to protect the public health, safety or welfare. (Ord. 806 § 1, 2007).

The purpose of this chapter is to provide for the submittal and processing of parcels to be merged in accordance with the Subdivision Map Act and the subdivision regulations. (Ord. 806 § 1, 2007).

Except as provided in Sections 66451.11(b)(A) through (E) of the Subdivision Map Act, two or more contiguous parcels or units of land held by the same owner may be merged, if any one of the parcels or units of land does not conform to the minimum parcel or lot size required by this title, and if all of the following requirements are satisfied:

A. At least one of the affected parcels or units of land is undeveloped with 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 accessory structures, or is developed with a single structure other than an accessory structure which is also partially sited on a contiguous parcel or unit of land.

B. With respect to any affected parcel or unit of land, one or more of the following conditions exists:

1. The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;

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

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

4. The parcel does not meet slope stability standards;

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

6. The parcel’s development would create health or safety hazards; or

7. The parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

This merger of parcels shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

C. The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a hearing pursuant to Section 66451.14 of the Subdivision Map Act. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded in compliance with BGMC 9.88.030, Notice of intention to determine status. (Ord. 806 § 1, 2007).

Prior to recording a notice of merger, a notice of intention to determine status shall be prepared by the director and delivered to the current owner of record by certified mail. The notice shall state that the affected parcels or units of land may be merged pursuant to the subdivision regulations and that, within 30 days from the date the notice of intention was recorded, the owner may request a hearing before the planning commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed with the county recorder by the director on the same day that the notice is mailed to the property owner. (Ord. 806 § 1, 2007).

The owner of the affected property may file a written request for consideration by the planning commission within 30 days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for consideration by the planning commission and notify the owner of such hearing by certified mail. The planning commission shall consider the matter within 60 days following the receipt of the owner’s request, or the hearing may be postponed or continued by mutual consent of the director and the property owner.

The planning commission shall provide the property owner with an opportunity to present evidence that the affected property does not meet the requirements for merger specified in the subdivision regulations.

After consideration of the evidence presented, the planning commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The determination of the planning commission shall be mailed to the property owner within five days of the date of the commission’s action. (Ord. 806 § 1, 2007).

If the planning commission makes a determination that the parcels are to be merged, a notice of merger shall be filed with the county recorder by the director within 30 days of the conclusion of the commission’s action, unless the decision has been appealed in compliance with BGMC 9.88.060, Appeal. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under the subdivision regulations shall be in a form approved by the director prior to being filed for record with the county recorder.

If the planning commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed with the county recorder by the director within 30 days after the commission’s determination, and a clearance letter shall be delivered to the owner by certified mail. (Ord. 806 § 1, 2007).

The decision of the commission shall be considered final unless an appeal is filed in compliance with BGMC 9.76.090, Appeals. The decision of the commission, or any condition of approval, is appealable to the council. (Ord. 806 § 1, 2007).

If the owner does not file a request for a hearing within 30 days after the recording of the notice of intention to determine status, the director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed with the county recorder by the director within 90 days after the mailing of the notice of intention to determine status in compliance with BGMC 9.88.030, Notice of intention to determine status. (Ord. 806 § 1, 2007).

If the merger of contiguous parcels or units of land is initiated by the record owner, the owner may waive in writing the right for consideration by the planning commission and to all notices required by the subdivision regulations. Upon receipt of such waiver, the director shall simultaneously file with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed, within 15 days of written notice of the conditions, to the city council in accordance with BGMC 9.76.090.

A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee. (Ord. 806 § 1, 2007).

The development of condominium projects and/or the conversion of real property to a condominium project, a community apartment project, or a stock cooperative project shall be governed by the provisions and requirements of BGMC 9.20.090, Commercial and industrial condominiums – Conditional use, and BGMC 9.20.140, Residential condominiums – Conditional use. (Ord. 806 § 1, 2007).

The purpose of this chapter is to provide for the submittal and processing of vesting tentative parcel and vesting tentative tract maps for the subdivision of land in compliance with the subdivision regulations. (Ord. 806 § 1, 2007).

Whenever a provision of the Subdivision Map Act or the subdivision regulations requires or authorizes the filing of a tentative parcel map or tentative tract map, a vesting tentative parcel map or vesting tentative tract map may be filed instead. The filing of a vesting tentative parcel map or vesting tentative tract map, as opposed to a tentative tract map or tentative parcel map, shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

An application for a vesting tentative parcel or vesting tentative tract map shall be filed with the community development department in compliance with BGMC 9.76.050, Application filing and fees. The vesting tentative parcel or vesting tentative tract map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The vesting tentative parcel map or vesting tentative tract map shall be clearly and legibly drawn and shall contain the information identified in the city’s subdivision manual, unless waived by the director. The department may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the subdivision regulations. Vesting tentative parcel and vesting tentative tract map applications shall be determined to be complete by the department only when:

A. All necessary application forms, materials and exhibits as established by the department are accepted as adequate;

B. A preliminary soils, geology, and seismicity report prepared in accordance with the California Building Code and the city’s grading manual is accepted as adequate;

C. A preliminary title report showing the legal owners and any encumbrances and easements is accepted as adequate by the city engineer; said title report shall be updated every six months from the date of the original submittal until final action on the application is taken;

D. All necessary determinations and documents to comply with the California Environmental Quality Act have been certified or adopted; and

E. All fees and/or deposits have been submitted and accepted.

Vesting tentative parcel and vesting tentative tract maps shall be considered by the commission and council, in compliance with BGMC 9.76.040, Authority for subdivision decisions, with a noticed public hearing.

An application for approval of a vesting tentative parcel or vesting tentative tract map in compliance with the subdivision regulations shall be submitted concurrently with all applications for other necessary discretionary city approvals for the development. (Ord. 806 § 1, 2007).

Each application shall be analyzed by the department to ensure that the proposed subdivision is consistent with the requirements of the Subdivision Map Act, subdivision regulations, Bell Gardens general plan, any applicable specific plan, this title (zoning code) and other applicable provisions of the Bell Gardens Municipal Code and state law.

An application for a vesting tentative parcel and vesting tentative tract map will be processed in compliance with Chapter 9.78 BGMC, Tentative Parcel and Tentative Tract Maps. (Ord. 806 § 1, 2007).

The decision-making body shall record its decision in writing with the findings upon which the decision is based. The council may approve an application for a vesting tentative parcel or vesting tentative tract map, with or without conditions, supported by the findings required by the Subdivision Map Act and by the findings required by the California Environmental Quality Act. (Ord. 806 § 1, 2007).

In approving a vesting tentative parcel or vesting tentative tract map, the council may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by BGMC 9.92.040, Findings and decision.

The council may require, as a condition of its approval, that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance. (Ord. 806 § 1, 2007).

A. Appeals. The decision of the council is final.

B. Time Extensions. Time extensions may be granted in compliance with BGMC 9.76.100, Expirations – Time extensions. If a vesting tentative parcel or vesting tentative tract map is not recorded within the established time frame, and a time extension is not granted, the vesting tentative parcel or vesting tentative tract map shall be deemed to have expired. (Ord. 806 § 1, 2007).

A. The approval of a vesting tentative parcel map or vesting tentative tract map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval of a vesting tentative parcel map or vesting tentative tract map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative parcel map or vesting tentative tract map is approved or conditionally approved.

B. A permit, approval, extension, or entitlement sought after approval of a vesting tentative tract map or vesting tentative parcel map may be conditioned or denied if any of the following are determined:

1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

2. The condition or denial is required to comply with state or federal law.

C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative parcel or tentative tract map. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year beyond the recording of the final parcel map or final tract map. When several final maps are recorded on various phases of a project covered by a single vesting tentative parcel or vesting tentative tract map, this one-year initial time period shall begin for each phase when the final map for that phase is recorded. All of the said final parcel maps or final tract maps must be recorded within the time period set forth in BGMC 9.76.100, Expirations – Time extensions, or the vesting tentative parcel or vesting tentative tract map approval shall expire for those parcels for which final parcel maps or final tract maps are not timely recorded.

2. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit, if the time used by the city to process the application exceeds 30 days from the date that a complete application is filed.

3. If the subdivider submits a complete application for a building permit prior to the expiration of the vesting tentative tract map or vesting tentative parcel map, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

D. An approved vesting tentative parcel or vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subsection (B) of this section. (Ord. 806 § 1, 2007).

Prior to final tract or final parcel map approval, minor amendments to the approved tentative parcel or tentative tract map, including vesting tentative maps, or conditions of approval may be approved by the director upon filing of an application and paying applicable fees, as established by council resolution, by the subdivider or on the department’s own initiative; provided, that:

A. No lots, units, or building sites or structures are added;

B. The changes are consistent with the intent and spirit of the original tentative map approval; and

C. There are no resulting violations of the Bell Gardens general plan, this title, any applicable specific plan, the subdivision regulations, or the Subdivision Map Act.

The amendment shall be indicated on the approved tentative parcel or tentative tract map and certified by the director. Amendments to the tentative parcel or tentative tract map, or conditions of approval which, in the opinion of the director, are not minor, shall be presented to the original decision-making body for consideration. Processing of amendments shall be the same as originally processed for the applicable subdivision type. Any approved amendment shall not alter the expiration date of the tentative parcel or tract map. (Ord. 806 § 1, 2007).

A. After a final tract or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for the purposes specified in Section 66469 of the Subdivision Map Act.

B. In addition to the provisions of BGMC 9.94.010, Tentative parcel or tentative tract maps, a final tract or parcel map may be amended by a certificate of correction if there are changes which make any of the conditions of the map no longer appropriate or necessary and the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map, and the map as modified conforms to the provisions of Section 66474 of the Subdivision Map Act.

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of BGMC 9.78.040, 9.80.020 and 9.82.030. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

C. Modifications made pursuant to this section shall be set for public hearing before the council consistent with the noticing provisions of BGMC 9.76.080, Public hearings. The hearing by the council shall be confined to consideration of, and action on, the proposed modification.

D. The amending map or certificate of correction certified by the city engineer shall be filed in the office of the county recorder. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereafter, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. (Ord. 806 § 1, 2007).

The purpose of this division is to define, specify, regulate, and control the design and improvement of public works facilities, dedications, and offers of dedications, and other requirements imposed as conditions of the acceptance and approval of final maps, parcel maps, reversions to acreage, and all other procedures and processes wherein public improvements, improvement plans, and dedications are required as a condition precedent to official city approval either by the city engineer, planning commission, or city council. (Ord. 806 § 1, 2007).

All improvements as may be required as conditions of approval of the tentative map or tentative parcel map or city ordinance, together with, but not limited to, the following public improvement requirements, shall be required of all divisions of land. All required improvements shall be constructed by the subdivider according to approved standards. No final map shall be presented to the city council or parcel map to the city engineer for approval until the subdivider either completes the required improvements or enters into an agreement with the city agreeing to do such work. (Ord. 806 § 1, 2007).

The minimum public improvements which shall be required to be made or guaranteed under the provisions of this division shall be as follows:

A. The improvement of public and private streets to provide suitable access and circulation.

B. A sewerage system to provide adequate collection of wastes from each lot, parcel, building, or structure within the area being developed.

C. A water supply system capable of providing adequate water supply and fire protection for each lot, parcel, building, or structure within the area of development.

D. Storm drainage systems to provide the area with suitable protection against inundation, erosion, sedimentation, or damage to on- or off-site property.

E. A street lighting system.

F. Traffic control and warning signs, pavement striping and markings, all in conformance with the requirements of state law and the city engineer.

G. Installation of landscaping and irrigation facilities adjacent to or appurtenant to other public improvements.

H. Installation of underground utilities, including gas, telephone, cable TV, electrical, water, and sewer services.

Undergrounding requirements may be waived or modified by the city council for tentative tract maps or by the planning commission for tentative parcel maps, provided findings are made that:

1. The subdivision is within an area where existing utilities have not been undergrounded; and

2. Overhead utilities will have no significant visual impact.

Prior to the granting of a waiver of undergrounding utilities, the property owner shall agree, in a form acceptable to the city attorney, to waive his right to protest the establishment of an underground utility district if at some future date the city council determines the establishment of such a district would be in the best interest of the city.

I. Any other such requirements as needed to ensure conformity to or implementation of the city general plan. (Ord. 806 § 1, 2007).

All public improvements and construction required and described in this title shall conform to the standard plans and standard specifications of the city. The latest revised editions of the Los Angeles County public works department standard plans, together with the applicable provisions of the standard plans of the Los Angeles flood control district and the Los Angeles County engineer sanitation division, shall serve as the standard plans for the city except where the standards of this division may conflict with the provisions of such other standard plans, in which case the most restrictive standards shall take precedence. The applicable portions of the latest edition of the American Public Works Association “Standard Specifications for Public Works Construction” shall serve as the standard specifications.

The design and layout of all required public improvements shall conform to generally acceptable engineering standards, the above-specified standard plans and standard specifications, and to such standards as approved by the city engineer. (Ord. 806 § 1, 2007).

Streets and highways shall substantially conform to the circulation element of the general plan or an adopted specific plan. Requirements may exceed general plan requirements at the request of the developer with concurrence of the city engineer. In the absence of a general plan or specific plan, or any standards contained therein, the street system shall relate in location and width to the existing streets in the area adjoining the development or project and shall conform to the following:

Streets or highways not falling clearly into listed types or private streets with public service easements may have widths different than those listed as approved by the city engineer. (Ord. 806 § 1, 2007).

All new streets shall be named and all private streets within planned unit and planned residential developments shall be named. The names shall be chosen by the city, or by the subdivider or developer, subject to the review and approval of the city engineer. Street name signs and bearing block numbers shall be installed at intersections of all streets and highways and private named streets, and at such other locations designated by the city engineer. All street name signs shall conform to the standards as established by the city as to size, color, height, lettering, and other details. Fees to pay for the furnishing and installation of street name signs by city forces shall be collected from the developer or subdivider, unless otherwise approved by the city engineer. (Ord. 806 § 1, 2007).

Parkway trees shall be installed along all streets and highways. The trees shall be installed in the manner and shall conform to the size and species specified by the city engineer. In full-width sidewalks, tree wells shall be provided as required for the trees.

On streets adjacent to industrial, manufacturing, or planned residential zones, parkway trees may not be required, provided they are replaced by trees or other suitable landscaping planted on adjacent properties in conjunction with on-site landscaping. (Ord. 806 § 1, 2007).

Alleys may be required on all sites zoned or to be used for commercial or multiple-family purposes when the lot layout, safety or access, provision of legal access or public service needs make such public access necessary. Where the lot is large, under single ownership, and the conditions applicable for public alleys are not present, a public service easement, improved to city standards, may be required in lieu of an alley. The purpose of said public service easement is to provide an easement for all public and private utilities, including cable TV, and to provide an access easement for all public service vehicles including, but not limited to, emergency vehicles, police patrol, fire inspection, and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within said public service easement. Alleys or public service easements may be required at the rear of all property fronting directly upon major highways and secondary streets and may be required at other locations where necessary to prevent undue interference with traffic. Where alleys or public service easements intersect, the corners shall be provided with cut-offs to provide sight distance and to facilitate turning. Alley and public service easement dedications shall include the cut-off areas.

All alleys and public service easements shall be subject to determination by the city engineer as to design, alignment, width, and method of improvement, with the minimum width of any alley or public service easement being 20 feet. As a condition of tentative or final map approvals, existing alleys in need of reconstruction or upgrading, where determined by the city engineer, may be required to be reconstructed or upgraded, or in lieu thereof a reasonable cash deposit in the amount of the estimated cost of improvement shall be deposited with the city engineer. (Ord. 806 § 1, 2007).

A. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California. Improvement plans shall include, but not be limited to, grading, storm drains, landscaping, streets, and related facilities.

B. Form. Plans, profiles, and details shall be legibly drawn, printed or reproduced on 24-inch by 36-inch sheets. A border shall be made on each sheet providing one-half inch at the top, bottom, and right side and one and one-half inches on the left side. The plan shall include the following information:

1. A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the city engineer and for approval of plan revisions.

2. Plans and profiles shall be drawn to the scale of one inch equals 40 feet or larger unless approved by the city engineer. Details shall be drawn to such scale as clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

3. A vicinity map shall be shown on the first sheet of all sets of plans.

4. A north arrow shall be shown on each sheet when applicable.

5. Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the city engineer.

6. All lettering shall be one-eighth inch minimum.

7. If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

The form of all plans shall conform to such additional requirements as may be established by the city engineer. The final form of all plans shall be as approved by the city engineer.

C. Contents. The improvement plans shall show complete plans, profiles, and details for all required improvements to be constructed, both public and private (including common areas).

Reference may be made to the city of Bell Gardens, county of Los Angeles, and state standard plans in lieu of duplicating the drawings thereon.

D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the city engineer. All calculations shall be legible, systematic, and signed and dated by a registered civil engineer licensed by the state of California and in a form as approved by the city engineer.

E. Review by the City Engineer. The subdivider shall submit two sets of improvement plans and two copies of all computations to the city engineer for review. Upon completion of his review, one set of the preliminary plans, with the required revisions indicated thereon, will be returned to the subdivider’s engineer.

Upon finding that all required revisions have been made and that the plans conform to all applicable city ordinances, design review requirements and conditions of approval of the tentative map or tentative parcel map, the city engineer shall sign and date the plans. The originals will be returned to the subdivider’s engineer.

Approval by the city engineer shall in no way relieve the subdivider or his engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design thereof or from any required conditions of approval for the tentative map or tentative parcel map. (Ord. 806 § 1, 2007).

As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters’ rights, drainage, public green ways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public utility easements, and other public easements. (Ord. 806 § 1, 2007).

The city may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision.

Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions. (Ord. 806 § 1, 2007).

A. By Tract Map. At the time of final map acceptance and approval by the city council, the council may accept, accept subject to improvement, or reject any or all dedications or offers of dedication. The city clerk shall certify on the map the action by the council. If at the time the map is approved any dedications for streets, paths, alleys, or other purpose are rejected, the offer of dedication made by the owners shall remain open, and the city council may, by resolution at any later date and without further action by or notice to the subdivider, rescind its action and accept and open the streets, paths, alleys, or other dedications and easements for public use, which resolution of acceptance shall be recorded with the county recorder.

B. By Parcel Map or Separate Instrument. If dedications are offered on the title sheet of a parcel map, then they may be accepted or rejected by the city engineer in the same manner as outlined in subsection (A) of this section. If dedications are made by separate instrument to the city, they shall be accepted as required by Section 27281 of the Government Code and shall thereupon be delivered to the county recorder for recordation. (Ord. 806 § 1, 2007).

The construction of all public improvements required as a condition of the approval of a tract map or a parcel map, or required as the condition of approval of a reversion to acreage or a certificate of compliance, shall be guaranteed by the execution of a suitable agreement, in a form prescribed herein and approved by the city attorney. All such agreements shall contain the terms and conditions to be met by the subdivider, developer, or permittee, and shall specify a reasonable time in which to construct the improvements or perform the requirements and obligations of the agreement. The time allowed for the completion of the work shall be as specified by the city engineer and shall depend upon the amount and complexity of the work involved, the type of development, and any other facts he may deem important. All agreements shall be executed by the owner, developer, or the subdivider of the property or land being divided or developed. The signatures shall be acknowledged before a notary public and the agreements shall be accompanied by evidence substantiating the signer’s position, title, and authority to bind the person, company, partnership, corporation, joint venture, or other entity to the actions and obligations contained in the agreement. Prior to the expiration of the time allowed by the agreement in which to perform or complete the obligations contained therein, the subdivider, owner, or developer who executed the agreement may require in writing that the city engineer extend the term of the agreement. The written request shall contain the reasons for the requested additional time, the length of the additional time requested and any other data deemed necessary or informative. The request shall be accompanied with written concurrence from the surety or bonding company whose bonds or securities were posted as a guarantee of the performance of the agreement, and a statement from the surety that they agree with, and have no objection to, the extension of time as requested by the agreement principal. Upon consideration of the written request and the evidence presented, the request shall be acted upon and shall be either approved, rejected, or modified. The request for extension may be handled at the staff level with written approval of the action by the city manager, or if the city engineer feels the matter is of special interest or of unusual importance, he may place the request before the city council for their consideration. (Ord. 806 § 1, 2007).

A. General. Any improvement agreement, contract, or act required or authorized by the Map Act, for which security is required, shall be secured in accordance with Section 66499 of the Government Code and as provided herein.

No final map or parcel map shall be signed by the city engineer or recorded until all improvement securities required by this section have been received and approved.

B. Form of Security. The form of security shall be one or a combination of the following at the option of and subject to the approval of the city:

1. Bond or bonds by one or more duly authorized corporate sureties.

2. A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public monies.

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

The provisions of the bond or bonds shall be in accordance with Sections 66499.1 and 66499.2 of the Map Act.

C. Amount of Security. A performance bond or security in the amount of 100 percent of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of 50 percent of the estimated construction costs shall be required to guarantee the payment to the subdivider’s contractor, subcontractors, and to persons furnishing labor, materials, or equipment for the construction or installation of improvements.

Improvement securities shall be in the amount of the total estimated cost of all the required improvements and conditions, which amount shall include an amount equal to 10 percent of the total estimated cost for the purpose of securing payment to the city for its costs for overhead, administration, and other costs and expenses pertaining to the subdivision, division, or project.

D. Warranty Security. Upon acceptance of the subdivision improvements by the city council, the subdivider shall provide security in the amount as required by the city engineer to guarantee the improvements against any defective work or labor done or materials furnished. The warranty period shall extend for one year following the completion and acceptance of improvements. The amount of the warranty security shall not be less than 50 percent of the cost of the construction of the improvements, including the cash bond, which shall be retained for the one-year warranty period.

E. Reduction in Performance Security. The city engineer may authorize, in writing, the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than 50 percent of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the city engineer; however, in no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this division, the Map Act, or the improvement agreement.

F. Release of Improvement Securities.

1. Performance Security. The performance security shall be released only upon acceptance of the improvement by the city and when an approved warranty security has been filed with the city engineer.

2. Material and Labor Security. Security given to secure payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials, or equipment may, after passage of the time and acceptance of the improvements by the city council, be reduced to an amount equal to the amount of all claims theretofore filed, and of which has been given to the city council, together with the estimated cost of administering and releasing said funds, including estimated reasonable attorney fees. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. (Ord. 806 § 1, 2007).

Construction shall not commence until required improvement plans have been approved by the city engineer.

A. General. All improvements are subject to inspection and testing by the city engineer or authorized personnel in accordance with the standards and specifications specified and required by this division.

B. Pre-Construction Conference. Prior to commencing any construction, the developer shall arrange for a pre-construction conference with the city engineer or his authorized personnel.

C. The city engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with the city standards, specifications, or city-approved construction plans.

D. All work and improvements must be found to conform to the specified standards and specifications as a condition of the city’s acceptance of them and the release of any improvement securities held therefor. (Ord. 806 § 1, 2007).

When all improvement deficiencies have been corrected and as-built improvement plans filed, the subdivision improvements shall be considered for acceptance by the city. Divisions of land by tract map shall be responsible for the acceptance of divisions of land by parcel map, reversions to acreage, or certificates of compliance.

Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the city engineer. The city will accept the improvements only if it finds that it is in the public interest and such improvements are for the use of the general public.

Acceptance of a portion of the improvements shall not relieve the developer from any other requirements imposed by this division. (Ord. 806 § 1, 2007).

No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final or parcel map is required by the Subdivision Map Act or the subdivision regulations, until such a map, in full compliance with the provisions of the Subdivision Map Act and this division, has been filed with the county recorder.

Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or the subdivision regulations shall not be made by parcel or block number, letter or other designation, unless and until such map has been filed with the county recorder.

This section does not apply to any parcels or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, including the subdivision regulations, regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (Ord. 806 § 1, 2007).

Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or the subdivision regulations is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy thereof for a period of one year after the date of discovery of such violation. The deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee.

Any grantee, or successor in interest thereof, of real property which has been divided, or which has resulted from a division, in violation of the provisions of the subdivision regulations or the Subdivision Map Act may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or the subdivision regulations and against any successors in interest who have actual or constructive knowledge of such division of property.

The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 66499.35 of the Subdivision Map Act or identified in a recorded final map or parcel map, from and after the date of recording.

The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

This section does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation, may otherwise be entitled, and the city or other public agency, or such person, firm or corporation, may file a suit in the superior court to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act or the subdivision regulations.

The city shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or the subdivision regulations if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee thereof with, or without, actual or constructive knowledge of the violation at the time of the acquisition of an interest in such real property.

If the city issues a permit or grants approval for the development of any real property and subsequently determines that the real property was not legally subdivided, the city may reconsider the permit or approval for the development and may impose those additional conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property. If the property has the same owner of record as at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of compliance has been filed for record, only those conditions stipulated in that certificate shall be applicable. (Ord. 806 § 1, 2007).

Any person owning real property, or a vendee of such person pursuant to a contract of sale of such real property, may request the director to determine whether the real property complies with the provisions of the Subdivision Map Act and subdivision regulations.

If it is determined that the real property complies with the provisions of the Subdivision Map Act and the subdivision regulations, the director shall file a certificate of compliance with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and the subdivision regulations.

If it is determined that the real property does not comply with the provisions of the Subdivision Map Act or the subdivision regulations, the director may, as a condition to granting a certificate of compliance, impose conditions in accordance with BGMC 9.78.100, Conditions of approval. Upon the director making such determination and establishing such conditions, the director shall file a conditional certificate of compliance with the county recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, 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.

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

Subject to the provisions of Section 66499.35(e) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. 806 § 1, 2007).

If the city has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or the subdivision regulations, a notice of intention to record a notice of violation shall be prepared by the director and delivered to the current owner of record by certified mail. The notice shall describe the property in detail, name the owners, describe the violation and state that the owner will be given the opportunity to present evidence. The notice shall also contain an explanation as to why the subject parcel is not lawful under Section 66412.6(a) or (b) of the Subdivision Map Act. The notice shall specify the date, time and place for a meeting at which time the owner may present evidence to the commission why a notice of violation should not be recorded.

The meeting shall be held no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention to record a notice of violation. If, within 15 days of receipt of the notice, the owner fails to file with the community development department a written objection to recording the notice of violation, a notice of violation shall be filed with the county recorder by the director. If after the owner has presented evidence the planning commission determines that there has been no violation, after a 10-day appeal period has elapsed, a clearance letter shall be delivered to the then-current owner of record by certified mail, unless appeal is filed in compliance with BGMC 9.98.050, Appeal to council. If after the owner has presented evidence and the planning commission determines that the property has in fact been illegally divided, and after a 10-day appeal period has elapsed, a notice of violation shall be filed with the county recorder by the director, unless an appeal is filed in compliance with BGMC 9.98.050, Appeal to council.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 806 § 1, 2007).

The owner or other interested party may appeal the determination of the commission to the council by filing a written notice and paying applicable fees, as established by resolution, to the community development department within 15 days of the commission determination. The council shall hear the appeal within 60 days from the date of appeal. If the council makes a determination that the property has in fact been illegally divided, a notice of violation shall be filed with the county recorder by the director within 30 days of the conclusion of the hearing.

If the council determines that the property has not been illegally divided, a clearance letter shall be delivered to the owner by certified mail within 30 days of the conclusion of the hearing. (Ord. 806 § 1, 2007).

In addition to the remedies and procedures provided in the Subdivision Map Act, the subdivision regulations, or any other state or local statute or regulation, any person violating any of the provisions or failing to comply with any of the regulatory requirements of the Subdivision Map Act and the subdivision regulations shall be guilty of a misdemeanor. (Ord. 806 § 1, 2007).

In accordance with the provisions of Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the city, its officers, employees and agents from any claim, action, or proceeding to attack or set aside the map approval. (Ord. 806 § 1, 2007).