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Walnut City Zoning Code

CHAPTER 6

04 SUBDIVISIONS

§ 6.04.010 County subdivision ordinance.

A. 
Adopted. Los Angeles County Ordinance No. 4478, as amended by Ordinance No. 83-0160, known as the Subdivision Ordinance, is adopted by reference, as the Subdivision Ordinance of the City, and no subdivisions shall be built, and no building permits shall be issued for subdivisions which are in conflict with, or in violation of the Los Angeles County Subdivision Ordinance. Any person issued to the contrary shall be void.
B. 
Three copies of the Subdivision Ordinance of the County, being Ordinance No. 4478, as amended by Ordinance No. 83-0160, are on file in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination of the public.
C. 
Amended. Los Angeles County Ordinance No. 4478, as amended through Ordinance No. 83-0160 and adopted by subsection A of this section, is amended as follows:
1. 
Sections 21.24.340, 21.24.350, 21.28.120, 21.28.140, 21.44.080, 21.44.090, 21.48.030, 21.56.020, 21.60.040, 21.40.90, 21.40.100, 21.44.060 and 21.48.160 of the Los Angeles County Ordinance are hereby repealed.
2. 
Sections 6.04.060 through 6.04.180 of this chapter are incorporated into the Los Angeles County Ordinance as Section 21.24.340 of the Los Angeles County Ordinance.
3. 
Section 21.32.210 is added to the Los Angeles County Subdivision Ordinance to read as follows:
Sec. 21.32.210. UNDERGROUND UTILITIES. All new and existing utility lines, including but not limited to electric, communication, street lighting, and cable television which are on site or border on the site shall be required to be placed underground. Subdivider is responsible for complying with the requirements of this Section, and he or she shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this Section appurtenances and associated equipment, such as but not limited to surface mounted transformers, pedestal mounted terminals boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The City Council and/or Advisory Agency may waive the requirements of this Section if topographical, soil or any other conditions make such underground installations unreasonable or impractical.
4. 
Section 21.28.160 is added to the Los Angeles County Subdivision Ordinance to read as follows:
Sec. 21.28.160. SCHOOLS. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a school district within the City maintaining an elementary school may be required to dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.
(a) 
The requirement of dedication shall be imposed at the time of approval of the tentative subdivision map. If within 30 days after the requirement of dedication is imposed by the City, the appropriate district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made anytime before, concurrently with, or up to 60 days after the filling of the final subdivision map or any portion of the subdivision.
(b) 
The school district shall, if it accepts the dedication, repay the subdivider or his or her successors, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
(1) 
The cost of any improvements to the dedicated land since acquisition by the subdivider;
(2) 
The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication;
(3) 
Any other costs incurred by the subdivider in the maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
(c) 
The provisions of this Section shall not be applicable to a subdivider who has owed the land being subdivided for more than 10 years prior to the filing of the tentative subdivision maps.
5. 
Section 21.36.010 of the Los Angeles County Subdivision Ordinance is amended to read as follows:
Sec. 21.36.010. DEPOSITS FOR PLAN CHECK, INSPECTION AND/OR REVIEW OF FINAL CLEARANCE DOCUMENTS. Before commencing any improvement or requesting the issuance of a final clearance, the subdivider shall deposit with the City of Walnut:
(a) 
The sum required by Division 1 of Title 16 of this code, the Highway Permit Ordinance, for all street lights of street light systems to be installed;
(b) 
The sum required by Division 2 of Title 20 of this code, for all sewers and other improvements described in that Division, to be constructed or installed;
(c) 
A sum estimated by the County Engineer to cover the actual costs of plan checking and inspection of all improvements under his or her jurisdiction other than the improvements referred to in subsection B of this section and a sum estimated by the County Engineer to cover the actual costs of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under this jurisdiction. This section shall not effect the requirements for deposits or fees as may be prescribed in any other Ordinance. This subsection applies to all tract maps, parcel maps, waivers, or certificates of compliance processed by the County Engineer, whether the property is within the limits of an incorporated city or not;
(d) 
A sum estimated by the City Engineer to cover the actual costs of inspection of all highway improvements, including drainage structures incidental thereto.
6. 
Section 21.36.150 of the Los Angeles County Subdivision Ordinance is hereby repealed.
7. 
Section 21.40.180 of the Los Angeles County Subdivision Ordinance is hereby amended to read as follows:
21.40.180. DURATION OF APPROVAL—EXTENSIONS.
A. 
The approval of a tentative map shall be effective for a period of 24 months.
B. 
The Advisory Agency may grant one or more extensions to the term of approval of a tentative map, the sum of which shall not exceed 24 months. The subdivider shall submit a written request to the Advisory Agency for such extension before expiration of the map.
C. 
Pursuant to a development agreement in accordance with Government Code Sections 65864 through 65869.5, the City Council may simultaneously approve and extend a tentative map for any period from 24 months to 72 months.
D. 
If the Advisory Agency denies the subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the action of the Advisory Agency.
8. 
Section 21.44.080 of the Los Angeles County Subdivision Ordinance is hereby repealed.
9. 
Section 21.43.120 of the Los Angeles County Subdivision Ordinance is amended to read as follows:
21.48.120. DURATION OF APPROVAL—EXTENSIONS.
A. 
The approval of a tentative minor land division map shall be effective for a period of 24 months.
B. 
The Advisory Agency may grant one or more extensions to the term of approval of a tentative land division map, the sum of which shall not exceed 24 months.
C. 
Pursuant to a development agreement in accordance with Government Code Sections 65864 through 65869.5, the City Council map simultaneously approve and extend a tentative minor land division map for a period of 24 months to 72 months.
D. 
The subdivider shall submit a written request to the Advisory Agency for such extension before expiration of the map. If the Advisory Agency denies the subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the action of the Advisory Agency.
10. 
Section 21.16.080 is hereby added to the Los Angeles County Subdivision Ordinance to read as follows:
Sec. 21.16.080. FEES. All fees for subdivision maps and processing, and all related entitlements shall be set by resolution of the City Council.

§ 6.04.020 Definitions.

Whenever the following names or terms are used in Ordinance 4478, as amended, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
"Board"
means the City Council.
"County"
means the City, except in such instances where the County of Los Angeles is a correct notation due to circumstances.
"Department of Regional Planning"
means the City of Walnut Planning Department.
"Planning Commission"
means the City Planning Commission.
"Advisory agency"
means the City Planning Commission or Director of Planning, as the case may be.
"Subdivision Map Act"
and all reference thereto in the subdivision ordinance refers to Title 7, Planning and Land Use, of the Government Code of California.

§ 6.04.030 Information package required.

A. 
Contents. In addition to the subdivision report prepared by the State Real Estate Commissioner, the owner, his or her agent, or the subdivider of a residential subdivision containing one or more single-family residences or condominium units, shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision, containing the following information:
1. 
The name and address of the owner.
2. 
The name and address of the subdivider.
3. 
A statement of the condition of the title of the land, including all encumbrances on the land.
4. 
The zoning applicable to the property being subdivided into contiguous property.
5. 
The location of existing and proposed public elementary and high schools, and school districts which children of purchasers within the subdivision may be expected to attend.
6. 
A copy of any conditions, covenants and restrictions which are applicable to property within the subdivision.
7. 
A statement or reasonable estimate of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district within the boundaries of which the subdivision, or any part thereof, is located; and which is to pay for the construction or installation of any improvement, or to furnish community or recreational facilities to such subdivision, and which amounts are to be obtained by ad valorem tax or assessment or by a special assessment or tax upon the subdivision, or any part thereof.
8. 
A statement of the proximity of the subdivision to any dumpsite, landfill or similar waste depository and a plain-language explanation of the nature of the site. The statement shall also contain the name, address and telephone number of the entity owning or operating the site.
9. 
A statement of the proximity of the subdivision to any site or condition producing unusual or obnoxious odors, and a plain-language explanation of the nature of such site or condition.
10. 
A statement of the proximity of the subdivision to any site or condition producing unusual or obnoxious levels of noise, and a plain-language explanation of the nature of such site or condition.
11. 
A statement of the name, address and telephone number of the entity in possession of the soils and geologic reports, if any, prepared for the subdivision. The statement shall also include a notation as to whether any geologic hazards or flood hazards have been noted for the subdivision.
12. 
A statement of whether or not fill is used, or is proposed to be used in the subdivision, and a statement giving the name, address and telephone number of the public agency where information concerning soil conditions in the subdivision is available.
13. 
Any additional information deemed necessary or appropriate to fully inform prospective purchasers of the property within the tract of the conditions which exist within the tract and within contiguous areas; i.e. parks, sports lighting, airplane air fields and sheriff’s station heliports, fire stations, library, waste to energy plans, etc.
14. 
The package of information shall have plainly printed on the first page, without any other printing, pictures, or information, in at least 10-point type, the following on separate lines as set fourth herein:
HOMEBUYERS AWARENESS PACKAGE FOR THE CITY OF WALNUT
CONTAINS IMPORTANT INFORMATION CONCERNING THE AREA IN WHICH YOU ARE BUYING A HOME
YOU MUST READ THIS INFORMATION BEFORE MAKING A DEPOSIT TO PURCHASE A HOME IN THE CITY OF WALNUT, AND AFTER MAKING A DEPOSIT, BUYER SHALL HAVE A FIVE-DAY RIGHT OF RESCISSION.
15. 
If any part of the tract of homes being sold is within one mile of any border of the Ben K. Kazarian (BKK) Landfill, the front page shall contain the following information in addition to the information of paragraph 14 above, and shall be in the same format as required by paragraph 14:
STATEMENT OF PROXIMITY TO CLASS I TOXIC WASTE LANDFILL
This statement is not a declaration that a hazard exists. The land described herein is within ________ feet of a former Class I disposal site which contains nonhazardous and hazardous waste; such as, household garbage, sewage sludges, oily wastes, drilling muds, solvents, pesticides, and acid and alkaline solutions. A Class I toxic waste disposal site is licensed and regulated by the State of California.
YOU SHOULD OBTAIN YOUR OWN INFORMATION REGARDING THE BKK DUMP SITE.
16. 
The second page of the information package shall contain the following statement in at least 10-point type, without any other information on that page:
This information is provided to assist prospective homeowners. The City of Walnut makes no representation as to the accuracy or currency of the information contained in this package, and assumes no responsibility or liability for its contents.
B. 
Information Package Submitted to Community Development Director. The owner, his or her agent or the subdivider, shall submit the proposed packaged of information to the Community Development Director of the City for approval as to form and content. The Community Development Director may require amendments, or the addition of information, to the package. A copy of the package as finally approved shall be filed with the Community Development Director prior to its distribution. The owner or subdivider shall update the information packages yearly or at such sooner time as the Community Development Director deems necessary to assure they contain current information.
C. 
Information Package Distributed to Prospective Purchasers. The information package shall be given to the prospective purchaser as a separate document, and shall not be accompanied by any other papers or documents in a single total package. Sales agents of the owner or the subdivider shall deliver a copy of the package of information to each prospective buyer or property within the subdivision at the time of the first personal contact with the buyer and prior to accepting a deposit on any such property. Prior to accepting a deposit on any such property, the sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him or her. The receipt shall contain the sales agent’s name, the owner or developer’s name, the lot and tract numbers, the date of the delivery of the information package, and the purchaser’s printed name and signature.
D. 
Proof of Compliance. Within 30 days after the close of escrow on the initial sale of any residential lot or residential unit in the tract, the owner, the developer or his or her agent, shall file a copy of the receipt for the package of information with the Community Development Director of the City.
E. 
Sign Required. A sign at least two feet by two feet shall be permanently displayed at the entrance to the sales office containing the following statement in at least one-inch print:
The seller is required to provide the buyer with a buyer’s awareness package containing information about the area in which you are buying a home.

§ 6.04.040 Scope of provisions.

A. 
The provisions of this section shall be applicable to the initial sale of residential lots or residential units in existing tracts or developments, as well as to all tracts or developments hereafter approved within the City.
B. 
The provisions of this section shall not require the furnishing of any information to a prospective purchaser of property which is contained in a subdivision report prepared by the State Real Estate Commissioner for the subdivision in question.

§ 6.04.050 Violation.

The failure of any owner, subdivider or sales agent to obtain the approval of the Community Development Director of the information package before selling property within the tract, or the failure to deliver the package of information and to obtain a receipt therefor from prospective buyers of property, shall constitute a misdemeanor punishable in the manner and to the extent provided by law.

§ 6.04.060 Statutory authority and City rules.

The authority for the dedication of land and/or the payment of fees for park and recreation facilities is granted pursuant to Section 66418, Article 2, Chapter 1 and Section 66477, Article 3, Chapter 4 of the Subdivision Map Act and the provisions therefor are set out in this chapter.

§ 6.04.070 General requirements.

As a condition of approval of a final tract map the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the sole option of the City, for park and/or recreation purposes in accordance with the provisions of this chapter, except where a division of land contains 50 lots or less, only the payment of fees may be required.

§ 6.04.080 Basis for requirements.

It is found and determined that the public interest, convenience, health, safety and general welfare require that land within a subdivision to be developed for residential dwellings be donated to local park and recreation purposes.

§ 6.04.090 Exemptions-Commercial and industrial divisions.

This chapter does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added.

§ 6.04.100 Formula for land dedication.

A. 
Whenever a park or other recreation facility has been designated for such in the general plan and is located in either whole or in part within the division of land to serve the immediate and future needs of the residents thereof, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of such division of land. The amount of land to be dedicated shall be the greater of:
1. 
0.003 acres per resident of the subdivision. The number of residents of the subdivision shall be calculated by multiplying the number of residential units times the average number of persons per household. The presumption contained in Section 66477 of the Subdivision Map Act may be used to calculate the average number of persons per household.
2. 
The average number of park acreage per resident in the City of Walnut at the time the subdivision application was complete, but not more than 0.005 acres per resident of the subdivision, multiplied by the number of residents in the subdivision as calculated in paragraph 1 above.
B. 
This section shall not apply to any planned residential unit development wherein the requirement of 40% of the total land area be devoted to open space and recreational purposes more than satisfies the purpose of this part.
C. 
Dedication of land for park and/or recreation purposes shall be made in accordance with the provisions set forth in Section 6.04.170.

§ 6.04.110 Formula for fee payment in lieu of land dedication.

If there is no park or other recreation facility designated in the general plan to be located either in whole or in part within the division of land to serve the immediate and future needs of the residents thereof, the subdivider shall, in lieu of dedicating land therefor, pay a fee equal to the value of land prescribed for dedication in Section 6.04.100 in an amount determined in accordance with the provisions of Section 6.04.140. Payment of fees in lieu of dedication of land shall be determined in accordance with the following formula:
If a division of land is subdivided into 50 lots or units or less, the subdivider shall pay a fee to the City equal to the fair market value of the land which would have otherwise been dedicated for park purposes as prescribed in Section 6.04.100 in an amount determined in accordance with the provisions of Section 6.04.140.

§ 6.04.120 Both dedication and fees required when.

If a division of land is subdivided into more than 50 lots or units, the subdivider shall dedicate land and pay a fee in lieu thereof in accordance with the following formula:
A. 
Portion of Land for Dedication and Payment of Fees. Whenever only a portion of a park or other recreational facility has been designated for such in the general plan as a local park site, such portion shall be dedicated for local park purposes and fees computed pursuant to the provisions of Section 6.04.140 shall be paid for any additional land that would have been required to have been dedicated pursuant to the provisions of Section 6.04.100.
B. 
Major Portion of Land Already Acquired by City and Payment of Fees. Whenever a major portion of a local park or recreation site has already been acquired by the City and only a small remaining portion of land is needed from a division of land to complete such park or recreation site, such remaining portions shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 6.04.140 shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to the provisions of Section 6.04.100.

§ 6.04.130 Determination of dedication or payment-Criteria.

A. 
The City Council or division of land committee shall determine whether land shall be dedicated for local park purposes or require the payment of fees, or both the dedication of land and payment of fees, based upon the following considerations:
1. 
The public facilities element of the general plan;
2. 
The topography, geology, access and location of land available for dedication;
3. 
The size, shape area of the division of land and the land available for dedication;
4. 
The feasibility of dedication;
5. 
The compatibility of dedication with the provisions of the general plan; and
6. 
The availability and improvements of previously acquired land for park and recreation purposes.
B. 
The determination of the City Council shall be final and conclusive.

§ 6.04.140 Amount of fee-Basis.

Whenever a fee is required to be paid in lieu of dedication of land, the amount of such fee shall be based upon the average fair market value for the City, and such fair market value figure shall be adjusted annually by the City to keep current with property appreciation.

§ 6.04.150 Fee use restrictions.

The fees collected pursuant to the provisions of this chapter shall only be used for the purposes of providing park and recreation facilities reasonably related to serving the residents of a division of land by purchasing necessary land or if deemed by the City Council that sufficient land is already available, such fees may be used for improvements of such available land for park and recreation purposes.

§ 6.04.160 PUD zones-Credit for private open space.

Whenever private open space for park and recreation purposes is provided in a division of land for a planned residential unit development and such space is to be privately owned and maintained by the future residents thereof, such private open space may be credited toward the requirement of dedicating land and/or payment of fees in lieu thereof, provided that the City Council finds that it is in the best interests of the public welfare to do so subject to the following requirements:
A. 
No yard, court area, setback or any other similar open area required to be maintained that is regulated by the zoning code or by the City building laws shall be included in the computation of such private open space except, for open space required by a planned residential unit development;
B. 
The private ownership and maintenance of such private open space is adequately provided for by recorded written agreement, conveyance, covenant, condition or restriction, in which approval of the City is a part thereof;
C. 
The use of the private open space is restricted to park and recreation purposes only by recorded covenant, conditions or restriction, which runs with the land in favor of the future owners of interest in common, which cannot be separated or eliminated without the express approval of the City;
D. 
The use of the private open space is reasonably acceptable for park and recreation purposes, taking into consideration such factors as may bear upon such use therefor;
E. 
The facilities provided for the private open space substantially conform to the provisions and objectives of the public facilities element of the general plan; and
F. 
The private open space for which credit is to be given is not less than three acres in size and provides all of the basic elements of a local park as approved by the City Parks and Recreation Department.

§ 6.04.170 Dedication or payment-Council determination.

The City Council, or Planning Commission, at the time of approval of a tentative tract map, shall determine in accordance with the provisions of Section 6.04.130 the land to be dedicated and/or fees to be paid by the subdivider. At the time of filing the final tract map, the subdivider shall dedicate the land and/or pay the fees as determined by the City Council or Planning Commission. Open-space covenants, conditions or restrictions for park or recreation facilities qualifying for private open space credit shall be submitted to the City prior to approval of the final tract map and shall be recorded prior to such final tract map or concurrently therewith.

§ 6.04.180 Commencement of park land development.

The City Council, or the Planning Commission at the time of approval of a final tract map, shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions shall be distributed and paid too the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.