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Home My WebLink About1750 ". r . ~ ". ~-'...... '0 "_ EFFECTIVE 1-~~ f/J.. ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY ~ffiNDING DIVISIONS 5 AND 7 OF PART 1, CHAPTER 1, ARTICLE IX THEREOF PERTAINING TO PROCEDURE FOR PROCESSING TENTATIVE MAPS AND TENTATIVE PARCEL MAPS The City Council of the City of Arcadia does hereby ordain as follows: SECTION 1. That the Arcadia Municipal Code is hereby amended by amending Sections 9115.4, 9115.5, 9115.6, 9115.9, 9115.11, 9115.12, 9117.5, 9117.6, 9117.7, 9117.B, 9117.9, 9117.11 and 9117.12 to read respectively as follows: "9115.4. SCHEDULING OF THE a Tentative shall fix a Map pursuant to this time and place for a PUBLIC HEARING. Upon the filing of Chapter, the Director of Planning public hearing thereon." . "9115.5. NOTICE OF THE PUBLIC HEARING. Not less than 10 days before the date of the public hearing, notice thereof shall be given by publication once in a newspaper of general circula- tion published and circulated in the City and by mailing, postage prepaid, to the owners, as shown on the last available equalized assessment roll or ownership records of the City Clerk of pro- perty within 300 feet of all lots any portion of which is included within the boundaries of the proposed subdivision, and to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project. Such notice shall set forth the filing of the proposed subdivision, the loca- tion of the property included in the proposed subdivision, and the time and place of the public hearing thereon and the right to appear and be heard. No error or omission or failure of any person to receive notice as provided in this section shall affect the validity of any action taken under this Chapter." ., ......... " "'-. --- --. "-9115.6. PLANNING COMMISSION ACTION. Action on the Tentative Map shall be taken by the Planning Commission and the Commission's report filed with the City Council within 50 days after the Tenta- tive Map is "filed" as defined in Section 9115.2. This time limitation may be extended from time to time upon the mutual consent of the Planning Commission and the subdivider." "9115.9. APPEAL. (al The subdivider or any interested any action of the Planning Commission with Map to the City Council. (bl Any such appeal shall be filed 10 days after the action of the Planning appeal is being taken. (cl Before accepting for filing of an appeal, the City shall charge and collect an appeal fee which shall be paid in an amount established by resolution of the City Council. (dl Upon the filing of an appeal, the City Council shall set the matter for a public hearing. Such hearing shall be held within 30 days after the date of filing the appeal. (el Such hearing shall be noticed as set forth in Section 9115.5. person may respect to appeal from a Tentative with the City Clerk within Commission from which the (fl within 10 days following the conclusion of the public hearing, the City Council shall declare its findings based upon the testimony and documents produced before it or before the Planning Commission. The City Council may sustain, modify, or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provision of this Chapter or the Subdivision Map Act." "9115.11. EXPIRATION. An approved or conditionally approved Tentative Map shall expire 24 months after its approval or conditional approval. The expiration of the Tentative Map shall terminate all -2- 1750 '-. proceedings and no Final Map of all or any portion of the real property included within such Tentative Map shall be filed without first processing a new Tentative Map." "9ll5.l2. EXTENSION. Upon application of the subdivider, filed prior to the expiration of the apprcved or conditionally a~proved Tentative Map, the time at which such map expires may be extended by the City Council for a period or periods not exceeding a total of 24 months beyond the initial expiration day. Before accepting for filing an application for an extension, the City shall charge and collect a fee which shall be paid in an amount established by resolution of the City Council." "9117.5. SCHEDULING OF THE PUBLIC HEARING. Upon the filing of a Tentative Parcel Map pursuant to this Chapter, the Director of Planning shall fix a time and place for a public hearing thereon." "9ll7.6. NOTICE OF THE PUBLIC HEARING. Not less than lO days before the date of the public hearing, notice thereof shall be given by publication once in a newspaper of general circula- tion published and circulated in the City and by mailing, postage prepaid, to the owners, as shown on the last available equalized assessment roll or ownership records of the City Clerk of pro- perty within 300 feet of all lots any portion of which is included within the boundaries of the proposed subdivision, and to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project. Such notice shall set forth the filing of the proposed subdivision, the loca- tion of the property included in the proposed Subdivision, and the time and place of the public hearing thereon and the right to appear and be heard. No error or omission or failure of any person to receive notice as provided in this section shall affect the validity of any action taken under this Chapter." -3- 1750 "9117.7. PLANNING COMMISSION ACTION. The Planning Commission shall approve, conditionally approve or deny a Tentative Parcel Map within 50 days after the Tentative Parcel Map is "filed" as defined in Section 9ll7.3. This time limitation may be extended from to time upon the mutual consent of the Planning Commission and the subdivider." "9117.8. FINDINGS. A Tentative Parcel Map or a Parcel Map for which a Tentative Map was not required shall be denied if any of the following findings are made: 1. That the proposed map is not consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the density of development. 5. That the design of the subdivision of the proposed improve- ments are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improve- ments is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improve- ments will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivi- sion. In this connection, the Planning Commission may approve a map if it finds that alternate easements, for access' or for uses, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is -4- l750 hereby granted to a Planning Commission to at large has acquired easements for acc~ss perty within the proposed subdivision. S. That the requested subdivision injuriously affects the neighborhood wherein said lot is located. 9. That adequate access to a public street is not available. 10. That any resultant parcel contains less area than required by any applicable provisions' of Article IX of the Arcadia Municipal determine that through or use the public of pro- Code." (a) The any action of Pa.~cel Map to (b) Any "9117.9. APPEAL. subdivider or any interested person may appeal from the Planning Commission with respect to a Tentative the City Council. such appeal shall be filed with the City Clerk within lO days after the action of the Planning Commission from which the appeal is being taken. (cl Before accepting for filing of an appeal, the City shall charge and collect an appeal fee which shall be paid in an amount established by resolution of the City Council. (dl Upon the filing of an appeal, the City Council shall set the matter for a public hearing. Such hearing shall be held within 30 days after the date of filing the appeal. (el Such hearing shall be noticed as set forth in 9ll7.6. (f) Within lO days following the conclusion of the public hearing, the City Council shall declare its findings based upon the testimony and documents produced before it or before the Planning Commission. The City Council may sustain, modify, or overrule any recommendations or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this chapter or the Subdivision Map Act." "91l7.11. EXPIRATION. An approved or conditionally approved Tentative Parcel Map shall expire 12 months after its approval or conditional approval. The expiration of the Tentative Parcel Map shall terminate all proceedings and no Parcel Map of all or any -5- 1750 portion of the real property included within such Tentative Parcel Map shall be filed without first processing a new Tentative Parcel Map." "9117.l2. EXTENSION. Upon application of the subdivider, filed prior to the expiration of the approved or conditionally approved Tentative Parcel Map, the time at which such map expires may be extended by the Planning Commission for a period or periods not exceeding a total of 24 months beyond the initial expiration day. Before accepting for filing an application for an extension, the City shall charge and collect a fee which shall be paid in an amount established by resol ution of the City Council." -6- 1750 SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 4. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet- ing held on the 6th day of July, 1982. SIGNED AND APPROVED this 6th day of July, 1982. City Clerk of the City of Arcadia ;t)u ATTEST: 1 HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 6th day of July, 1982 , by the affirmative vote of at least three Councilmen, to wit: AYES:"~councilmen Haltom, Hannah, Lojeski & Pellegrino ~~ / -":':"''7/_ .. ~ '\,.. NOES:None~ .- .------- . .':: ' c:o.u!.ltilman , .~.. - . ". ,....., .,:; ~- ~ .., '-" ........, Dring ~?L~~ ABSE~:: .. , ,. .. ~ .~::~~ ~:_~'~..; . ~- ..::~.......... - / -,....'~---:: ~"'..., City Clerk of the City of Arcadia --- -7- 1750