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
.