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HomeMy WebLinkAbout1105 ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9122, 9122.2,. 9122.3.3, 9122.3.4 AND 9122.4 OF THE ARCADIA MUNICIPAL CODE AND ADDING THERETO NEW SECTIONS 9122.5.1, 9122.6, 9122.6.1, 9122.6.2, 9122.6.3, 9122.6.4, 9122.6.5, 9122.7 AND 9122.8. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code be amended by amending Sections 9122, 9122.2, 9122.3.3, 9122.3.4 and 9122.4 thereof to read respectively as foliows: 9122. PROCEDURE. Any person desiring a single lot, as hereinbefore defined, to be divided into less than five (5) parcels, shall first file with the Planning Secretary not less than four (4) copies of a scall~ drawing showing the size and location of such lot, the relative location of existing improvements thereon, and the pro- posed division thereof. The Planning Commission shall 'cause each such application to be investigated, and shall receive all pertinent evidence relative thereto presented at a regular meeting of said Commission, and shall thereupon, by the vote of a majority of its members entered in the Commission's minutes, disapprove such pro- posed division of lots, or shall indicate its intention to approve such division of single lots, either as submitted by applicant or as modified by the Commission and shall specify the conditions upon which the requested lot divi~on or modified lot division will be approved. No action of the Commission upon any application pursuant to this section shall be effective until expiration of the time specified in Section 9122.5.1 for appeal therefrom or for review thereof, or while any such appeal or review is pending or being con- ducted. 9122.2 RECREATION FEE. A recreation fee of Twenty-five Dollars ($25.00) shall, prior to final approval of any lot division, be paid for each additional lot resulting from the division of prop- erty pursuant to this Division. -1- n05 9122.3.3. SAME. FINAL MAP. A final map of the division of the property as, approved pursuant to this Division, prepared by a registered civil engineer or licensed surveyor, shall be filed with the City Engineer. 9122.3.4. SAME. SPECIAL CONDITIONS. Any other condi- tion or conditions the Planning Commission deems necessary and re- quires for the protection of the property thus divided or of the property adjacent thereto shall be fulfilled. 9122.4.- YEAR LIMITATION. All conditions imposed by this Division or by the Planning Commission shall be complied with within one (1) year after the specification of conditions by the Planning Commission, and if not thus complied with the lot division shall be deemed denied. Upon compliance with all applicable conditions, the Director of Public Works or his authorized agent shall in writing approve the division of lots in accordance with the Planning Commis- sion's previously expressed intention so to do; provided, however, that no such approval shall be given prior to the expiration of the time specified in Section 9122.5.1 for review of the decision of the Planning Commission thereon, nor while any such review is being conducted. SECTION 2. That the Arcadia Municipal Code be amended by adding thereto new Sections 9122.5.1, 9122.6, 9122.6.1, 9122.6.2, 9122.6.3, 9122.6.4, 9122.6.5, 9122.7 and 9122.8, the same to read respective~y as follows: 9122.5.1. APPEAL AND REVIEW. An applicant for a lot divi~ sion pursuant to this Division may appeal to the Council from a deci- sion of the Planning Commission relative thereto, by filing with the City Clerk within five (5) days after such decision a written state- ment setting forth the decision appealed from, his obje ctions thereto, and sufficient factual data to indicate the validity of such objections. A fee of Five Dollars ($5.00) shall be paid to the ,Treasurer concurrent with the filing of any such appeal. The Council shall consider such appeal and take action thereon within -2- 1105 a resonable time. At its first regular meeting occurri~g at least five (5) days after the decision of the Planning Commission on an application for a lot division filed pursuant to'Section 9122, .the Council may on its own motion, by a vote of a majority of its mem- bers entered in the Council minutes, institute a review of such decision of the Planning Commission. At the conclusion of the hearing of any such appeal or upon completion of any such review the Council shall, by a vote of a majority of its members entered upon the Council minutes, affirm, modify or reverse the decision of ,the Planning Commission; and such action by the Council shall be final. 9122.6. SUMMARY PROCEDURE. After filing an application , ' pursuant to Section 9122, permission to divide a single lot, into not more than four parcels may be granted by the Director of Public Works, or by his agent desig~ated by him in writing for that pur- pose, upon compliance with the requirements and procedures set forth in the following subsections. 9122.6.1. SAME, REQUIREMENTS. Each resulting parcel must abut and have direct access to a dedicated public street at least sixty (60) feet in width and improved with curbs and pavement to a width of at least thirty-six (36) feet. 9122.6.2. SAME. SAME. Each resulting parcel shall con- tain no less area, width and depth than that required by Part 1 of of this' Chapter, ~122.6.3. SAME. SAME. Every structure existing on the entire lot shall conform with all front, side and rear yard require- ments applicable to each respective parcel resulting from the re- quested lot division. 9122.6.4. SAME. SAME. No portion of any property, upon which the location of a future street has been approved by the City Council, shall be considered in computing the required width, depth or area of a parcel. -3- 1105 9122.6.5. SAME. SAME. Prior to any such a,pproval of a lot division,_the provis~ons"o~~ections 9122.1, 9122.2, 9122.3, 9122.3.1, 9122.3.2 and 9122.3.3 shall have been complied with. 9122.7. SUMMARY PROCEDURE LIMITED. No purported approval of any lot division pursuant to Section 9122.6 shall be valid or ef- fective unless every provision of said section and all subsections thereof shall have been complied with. No lot division shall be authorized pursuant to Section 9122.6 if the lot lines of the result- ing parcels will be irregular, or if in the opinion of the Director of Public Works the requested division would injuriously affect the neighborhood wherein said lot is located or would adversely affect the comprehensive general plan. 9122.8. ALTERNATIVE PROCEDURE. Any application for divi- sion of a lot which is not granted pursuant to Sect10n 9122.6 shall be considered and acted upon as otherwise specified in this Division. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the Arcadia ~~ribune ,and Arcadia News, a newspaper of general cir- culation, published and circulated in the City of'Arcadia. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 15th day of November, 1960, by the affirmative vote of at least three councilmen, to wit: AYES: Councilmen Balser, Butterworth, Phillips, Reibold, and Camphouse NOES: None ABSENT: None ~ Z;M7~ City Clerk of the City of Arcadia SIGNED AND,APPROVED this OV~ 1960. of ,Arcadia ATTEST: ~~ , City Clerk (SEAL) -4- ll05