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HomeMy WebLinkAbout0807 \ - - ORDINANCE NO. 807. \.~(J"'O '/-t~'" ~o. 1 fIl'/.\)' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE DIVID- ING AND SUBDIVIDING OF LOTS OR PARCELS OF LAND INTO FOUR OR LESS LOTS OR PARCELS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN 1<8 FOLLOWS: SECTION 1. It shall be unlawful for any perm n, firm or corporation to sell or contract to sell, divide or subdivide for sale any land shown on the last preceding tax roll as a unit or as contiguous units into four lots or parcels, or less than four lots or parcels, without first having secured a permit from the Planning Commission of the City of Arcadia to do so. SECTION 2. Any person, firm or corporation desiring a permit under Section 1 hereof shall file eight (8) copies of a tentative map with the Planning Commission, for the purpose of showing the design of the proposed division of land and the existing conditions in and around said land, together with a written state- ment signed by the owner of said land to be sold, divided or sub- , divided, setting forth the following information: (a) The name and address of the owner; (b) The name and address of the proposed purchaser, if any; (c) The legal description of the land proposed to be sold, divided or subdivided; (d) The area in sqURe feet of the land to be sold, and also of the portion remaining; (e) A statement of the condition of the title to the land, including all easements thereon; (f) A statement of the provisions that exist or that will be made for public utilities, including water, elec- tricity, gas, telephone, mail delivery, sewers, gar- bage collec tion, streets or rights of way to the 1. INOEXEO ~c/ PO;? lands to be sold, divided or subdivided, including curbs, gutters and other improvements thereon; and (g)Such other information as the owner may desire to be present. SECTION 3. Upon the filing with the Planning Commission of said map and statement, the Planning Commission shall conduct its own investigation and may require such additional information concerning the project as said Commission deems necessary. Said investigation shall be conducted expeditiously by the Pl~nning Com- mission and without unnecessary delay, and the matter of said ap- plication shall be heard and determined by the Planning Commission at its first meeting following the completion of said investigation. SECTION 4. Said Plamning Commission shall grant said per- mit in the event that it finds the following facts to exist: (a) That proper and adequate provision has been made for acc6sa to the land to be sold, divided or subdivided, and also to the portion of the land remaining; (b) That proper and adequate provisions have been made for all public utilities and public services, includ- ing those mentioned in Paragraph (f) in Section 2 hereof. (c) That the portion of the land to be sold, divided or subdivided will, either as a separate unit, or in conjunction with other land of which it is to become a part, and that the portions remaining will each con- tain areas as required by the provisions of any zoning ordinance of the City of Arcadia; and (d) That the granting of said permit will not be materially detrimental to the public 'welfare, injurious to the property or improvements in the vicinity and zone in which said land is located, will not adversely affect the Compre~ensive General Plan, and will not be in violation of any paramount law; otnerwise said p3rmit shall be denied. 2. ~d~ SECTION 5. Any person, firm or corporation claiming to be aggrieved by the decision of the Planning Commission may, within ten days after the rendering of said decision, appeal in writing to the City Council for a review thereof; thereupon, said City Council shall fully review said matter and (1) confirm the findings of the Planning Commission, (2) reverse the said findings, or (3) refer the matter to the Planning Commission for further action thereon. SECTION 6. It is not the purpose of and this ordinance does not attempt to regulate subdivisions as defined in the Subdivision Map Act or in the California Real Estate Act (Sections 11,000 to 11,658, Business and Professions Code), and is intended only to regulate the sale, division and subdivision of four lots or parcels of land or less. SECTION 7. 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 compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion there- of, irrespective of the fact that any one or more sections, subsec- tions, clauses, phrases, or portions be declared invalid or incons- titutional. SECTION 8. Any person. firm or corporation violating any of the provisions of this ordinance, or knowingly or intentionally misrepresenting to any authorized officer of this City or to the Planning Commission any material fact in procuring said permit herein provided for, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the County Jail of Los Angeles County for a period of not more than six months, or by both such fine and imprisonment. 3. ~dm SECTION 9. This ordinance is hereby declared to be an urgency measure necessary for the immediate preservation of the pub- lic peace, heath and safety, and shall take effect and be in full force immediately upon its adoption, a declaration of and the facts constituting its urgency being as follows: It is imperative in connection with the division and subdivision of lots and land into four or less parcels that pro- per and adequate provision be made for public utilities and public services, including streets ani rights of way and the regulatory ordin- ance on this subject is urgently required. SECTION 10. The City Clerk shall certify to t he adoption of this ordinance and shall cause the same to be publiKhed once in the Arcadia Bulletin, a newspaper published ani circulated in said City of Arcadia and thereupon and thereafter the same shall take effect and be in force. 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 4th day of April, 1950, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Boucher, Klomp, Nugent, Russell and Sullivan NOES: None ABSENT: None adia. C SIGNED AND APPROVED THIS 4th day of April, 1950. ~/I ~// / ~~/c ~J" ~~ Mayor 0 the Gity of ca ia. ATTEST: /'f' ~. d;~c1ty Clork. tJ~l<J. PO 1