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HomeMy WebLinkAbout1196 1'- i"'. ... . . , " - " RESOLUTION NO. 1196 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING APPROVAL OF TEXT AMENDMENT 82-2 AMENDING THE CITY'S SUBDIVISION CODE WHEREAS, a public hearing was held on March 9, 1982 and continued to March 23, 1982 and to April 27, 1982 before the Planning commission to consider amending the City's Subdivision Code; and WHEREAS, all interseted persons were given full opportunity to be heard and to present evidence;' NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RECOMMENDS TO THE CITY COUNCIL: Section 1. That Exhibit "A" be adopted amending Sections 9115.4, 9115.5Ibl, 9115.6Ial, 9115.9Ibl, 911S.9Ifl, 9115.11, 9115.12, 9117.5, 9117.6(b), 9117.7, 9117.8Ia), 9117.9Ibl, 9117.9Ifl, 9117.11, and 9117.12 of the Arcadia Municipal Code relating to the City's Subdivision Code. Section 2. The Planning Commission finds that the public necessity, convenience, general welfare and good zoning practice justify the above recommendation. Section 3. The Secretary shall certify to the adoption of this resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia on the 11th day of May 1982, by the following vote: -1- 1196 ... ... ... -; . AYES: Commissioners Fee, Hedlund, Jahnke, Kuyper, Sargis, Soldate NOES: None ABSENT: Commissioner Hegg ATTEST: !/;1~ Secretary /1) Chairm~ -2- >>1. ~~kb , 1196 ... ... ... '. EXHIBIT "A" 91l5.4 SCHEOULING OF THE PUBLIC HEARING. Upon the filing of a Tentative Map pursuant to this Chapter, the Oirector of Planning shall fix a time and place for a public hearing thereon. 9ll5.S(b) 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 circulation 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 property within 300 feet of all lots any por- tion 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 location 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 per- son to receive notice as provided in this section shall affect the validity of any action taken under this Chapter. 9ll5.6(a) 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 Tentative 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 sub- divider. 91l5.9(b) Any such appeal shall be filed with the City Clerk within 10 days after the action of the Planning Commission from which the appeal is being taken. 9ll5.9(f) Within 10 days following the conclusion of the public hearing, the City Council shall declare its findings based upon the tes- timony and documents produced before it or before the Planning Com- mission. The Council 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 Ten- tative Map shall expire 24 months after its approval or conditional approval. The expiration of the Tentative Map shall terminate all proceedings and no Final Map of all or any portion of the real pro- perty included within such Tentative Map shall be filed without first processing a new Tentative Map. 1196 ... . ... , " . , . 9115.12 EXTENSION. Upon application of the subdivider, filed prior to the expiration of the approved or conditionally approved 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. 9ll7.5 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. 9117.6(b) 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 circulation,published and circulated in the City and by mailing, postage prepaid, to the owners, as shown on the available equalized assessment roll or ownership records of the City Clerk of property within 300 feet of all lots any portion of which is included within the boundaries of the proposed subdivision, and to each ten- ant of the subject property, in the case of a conversion of residen- tial 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 location 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 pro- vided in this section shall affect the validity of any action taken under this Chapter. 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 9117.3. This time limitation may be extended from time to time upon the mutual consent of the Planning Commission and the sub- divider. 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 de- velopment. 4. That the site is not physically suitable for the density of development. 5. Th~t the design of the subdivision of the proposed improve- ments,are l~kely to cause substantial environmental damage or sub- stant~ally 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. -2- 1196 ", I . ... . ... " 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 hereby granted to a Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 8. 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 Code. 91l7.9(b) Any such appeal shall be filed with the City Clerk within 10 days after the action of the Planning Commission from which the appeal is being taken. 91l7.9(f) Within 10 days following the conclusion of the public hearing. the City Council shall declare its findings based upon the tes- t~mo~y and documents produced before it or before the Planning Com- m~ss~on. 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. 9117.11 EXPIRATION. An approved or conditionally approved Ten- tative Parcel Map shall expire 12 months after its approval or con- ditional approval. The expiration of the Tentative Parcel Map shall terminate all proceedings 'and no Parcel Map of all or any portion of the real property included within such Tentative Parcel Map shall be filed without first processing a new Tentative Parcel Map. 9117.12 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 resolution of the City Council. -3- 1196 .' . . '. "" MARCH 9, 1982 TO: PLANNING COMMISSION CITY OF ARCADIA FROM: PLANNING DEPARTMENT CASE NO.: T.A.82-2 PREPARED BY: WILLIAM WOOLARD DIRECTOR OF PLANNING GENERAL INFORMATION APPLICANT: City of Arcadia REQUEST: Text Amendment to bring the City's Subdivision regulatians into consistency with recent revisions to the State Subdivision Map Act. PROPOSAL AND ANAL YSIS In order to bring the City's regulations governing Tentative Maps into consistency with recently adopted Subdivision Map Act changes, the following amendments to the Arcadia Municpol Code should be adopted (to clarify the specific proposed changes, the existing wording to be deleted is shown with the wording struck out, and the proposed new wording has been underlined): 9115.4 SCHEDULING OF THE PUBLIC HEARING. Upon the filing of a T entotive Mop pursuant to this Chapter, the Director of Planning shall fix a time and place for a public hearing thereon, ro-ee-heliJ-flet 1es5...f.OOn-+(4)'S-~-rn~e~~~Q-OOys-gt.t.er-SYOO-fWJ'l9. Page I . ... . 9115.5. NOTICE OF THE PUBLIC HEARING. (b) 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 circulation published and circulated in the City and by,mailing, postage prepaid, to the owners, as shown on the lost available equalized assessment roll or ownership records of the City Clerk of property 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 location 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. (a) Action on the Tentative Map shall be taken by the Planning Commission and the Commission's report filed with the City Council within,f+f.t.y 50 days after the Tentative 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. (b) Any such appeal shall be filed with the City Clerk within +5'lQ days after the action of the Planning Commission from which the appeal is being taken. (f) Within 10 days following the conclusion of the public hearing, the City Council sAG-U-r~-U,o;~..j,o;ion-GA-~~.gj. declare its findinGs based upon the testimony and documents produced before it or before the PlanninG Commission. The City Council may sustain, modify, Gr-reject, ar averrule any recommendations or rulinqs of the Planning Commission and may make such findings as are not inconsistent with the provisions of this Chapter or the Subdivision Map Act. 9115.11. EXPIRA TION. An approved or conditionally approved Tentative Map shall expire ~<;>~_H~}. 24 months after its opproval or conditional approval. The expiration of the Tentative Page 2 --__________. r~_...___ ______, ...,-_..,__ ...._._._ ._._. _'._.. ___, __......~.---....~~~~__._.___.._ _~~h~.._ ._.__.. __ .____~_,. ____. ,____.___ . . " . Mop sholl terminate 011 proceedings and no Final Mop of ollar any portion of the real property included within such Tentative Mop sholl be filed without first processing 0 new Tentative Mop. 9115.12. EXTENSION Upon application of the subdivider, fi led prior to the expiration of the approved or conditionally approved Tentative Mop, the time at which such mop expires may be extended by the City Council for a period or periods not exceeding a total of efght-eef1 24 months beyond the initial expiration day. Before accepting for filing on application for an extension, the City sholl charge and collect 0 . fee which shall be paid in an amount established by resolution of the City Council. In order to bring the City's regulations governing Tentative Parcel Mops into consistency with the above changes (consistency is not required by State Law), which facilitates the City's information and processing procedures by not having different regulations, the following amendments should be adopted: 9117.5. SCHEDULING OF THE PUBLIC HEARING. Upon the filing of a Tentative Parcel Map pursuant to this Chapter, the Director of Planning sholl fix a time and place for a public hearing thereon. ~*ReM _t-.less-~-W-ge~&.{)J'-AmI'-e--thGrl--!iG-tkJ)'-s-BfH>I'-.s\,jeR4i~ 9117.6. NOTICE OF THE PUBLIC HEARING (b) Not less than 10 days before the date of the public hearing, notice thereof shall be given by publication once in 0 newspaper of CJeneral circulation published and circulated in the City and by mailing, postage prepaid, to the owners, as shown on the available equalized assessment roll or ownership records of the City Clerk of property 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 0 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 location of the property Page 3 ... ... . ..-.:...- . " _.~.-._.~ included in the proposed subdivision, and the time and place of the public hearing thereon and the riqht to appear and be heard. No error or omission or failure of any person to receive notice as provided in this section sholl affect the validity of any action taken under this Chapter. 9117.7. PLANNING COMMISSION ACTION. The Planning Commission sholl approve, conditionally approve or deny 0 Tentative Parcel Mop within 50 days after the Tentative Parcel Mop is "filed" as defined in Section 9117.3. This time limitation may be extended from time to time upon the mutual consent of the Planning Commission and the subdivider. 9177.8 FINDINGS (0) A Tentative Parcel Map sholl be denied if any of the following findings are mode: I. That the proposed mop is not consistent with applicable qeneral and specific plans. 2. That the desiqn or improvement of the proposed subdivision is not consistent with applicable qeneral and specific plans. 1: 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 desiqn of the subdivision of the proposed improvements are likely to couse substantial environmental damaqe or substantially and avoidably injure fish or wildlife or their habitat. 6. That the desiqn of the subdivision or the type of improvements is I ikely to cause serious publ ic health problems. 7. That the desiqn of the subdivision or the type of improvements will conflict with easements, acquired by the public at larqe, for access throuqh or use of, property within the proposed subdivision, In this connection, the Planning Commission may approve 0 map if it finds that olternate easements, for access ar for uses, wi II be provided, and that these wi II be substantially equivalent to ones previously acquired by the publ ic. This subsection shall apply only to easements of record or to easements established by judqment of a court of competent jurisdiction and no authority is hereby qranted to a Planninq Commission to determine that the publ ic at larqe has acquired easements for access throuqh or use of property within the proposed subdivision. Page 4 ---".. --, '''~.'' .....-. ...'.......,.1'".".-, . .;---. ",' ,....,..,...~. '. ",. .'J':.n--.- ~.r,'''__ _. ... . ... 8. +. That the requested subdivision injuriously affects the neighbor- hood wherein said lot is located. :e-.---l'htt-i--I-/;e--r~~-5<ffl.G-;.....i-&i-on-~-5<'>-f.y--a-F-k;c-+S--+fie.-c-olRf>i'~i-v€ ~efleFa+-f'+afl. 9.:0. That adequate access to a publ ic street is not avai lable, 10. 4. That any resul tant parcel contains less area than required by any appl icable provisions of Article IX of the Arcadia Municipal Code. 9117.9. APPEAL (b) Any such appeal shall be filed with the City Clerk within +5-lQ days after the action of the Planning Commission from which the appeal is being taken. (f) Within 10 days following the conclusion of the public hearing, the City Council shGl-l-'H!A6ef-Hs-<lec-ision-eA-tfle-ej3j3eet-declare its findinqs based upon the testimony and documents produced before it or before the Planninq Commission. The City Council may sustain, modify, er-reject, 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. 9117.11 EXPIRATION An approved or conditionally approved Tentative Parcel Map shall expire -twel"e- J1. 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 portion of the real property included within such Tentative Parcel Map shall be filed without first processing a new Tentative Parcel Map. 9117.12. 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 e-igftteetr24 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. -5- . . . . Pursuant to the provisions of the California Environmental Quality Act and State Guidelines, an initial study has been prepared for the proposed project. The initial study did not disclose any substantial or potentially substantial adverse effect on the environment, hence a Negative Declaration has been filed. Said documents are on file with the Planning Department. Before the Planning Commission or the City Council take action on LA. 82-2, they should "move to approve and fi Ie the Negative Declaration and find that the project will not have a significant effect on the environment". RECOMMENDA nON The Planning Department recommends approval of T.A. 82-2 amending the City's Subdivision regulations. Page 6 .