HomeMy Public PortalAboutOrdinance 67-242ORDINANCE NO. 67 -242
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY ADDING CHAPTER 3 TO
ARTICLE IX OF THE TEMPLE CITY MUNICIPAL
CODE RELATING TO MINOR LAND SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. That Chapter 3 of Article IX, consisting of
Sections 9600 through 9604 is hereby added to the Temple City Munici-
pal Code to read respectively as follows:
"9600. LOT SPLITS. DEFINITIONS: For the purpose of this
article, the following words and phrases shall be defined as follows:
(a) 'Lot Split' shall mean any real property, improved or
unimproved or any portion thereof, which is shown on the last approved
County Tax Roll, in effect as of the 1st day of October, 1964, as a
unit or as contiguous units, which is divided, or is proposed to be
divided, for immediate or future sale or lease by any person, into
four or less parcels or lots. Lot Split shall not include any lease
of any part of an apartment house, community apartment project,
commercial building or trailer park, which does not involve a division,
by lawful conveyance, of real property.
(b) 'Map' shall mean a Parcel Map as that phrase is defined
in Section 11535 et. seq. of the Business and Professions Code of
the State of California, to which reference is hereby made. Said
Map shall be prepared in accordance with the provisions of the State
Map Act applicable thereto and other provisions hereof.
(c) 'Plan' shall mean a tentative parcel map submitted to the
Planning Director, indicating the nature,of the proposed division
of land showing the proposed lot lines, and such other information as
required by the Director, which plan shall be submitted prior to the
submission of a map. Such plans shall be prepared by a Licensed
Civil Engineer or Licensed Land Surveyor.
(d) 'Improvements', improvements required of a Parcel Map
shall be those improvements,required of subdivisions by the provisions
of the Temple City Municipal Code. The Engineer shall deny approval
of any map unless:
(1) Such improvements are constructed, prior to the filing
of the map, in accordance with City standards therefor,
or
(2) The Subdivider has, prior to the Engineer's approval of
the Parcel Map, entered into an agreement with the City,
which agreement shall be accompanied by a deposit to
guarantee the faithful performance of all work, the ins-
pection of which shall be the duty of the Street Super-
intendent and /or City Engineer or any other officer of
the City, whichever the case may be. The guarantee may
be in the form of a cash deposit, an instrument of credit
from a financial institution, or a bond by a duly author-
ized corporate surety, as provided in the Subdivision
Map Act.
(e) 'Notice' shall mean a written . not i ce,.... depos i..ted i n the
United States. Mail, postage prepaid, addressed to the applicant,
appellant or other interested party requesting such notice, at his
last known mailing address..
(f) 'Subdivider' shall mean any person who applies for a lot
split pursuant to the provisions of this Article.
(g) 'Director' shall mean the Director of Planning of the City.
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Ordinance No. 67 -242, page 2
(h) 'City' shall mean the City of Temple City
(i) 'Engineer' shall mean the City Engineer of said City.
COMPLIANCE WITH THIS CHAPTER. No person shall divide any real prop-
erty into four or less lots, as described in Section 9600 hereof,
without first complying with the provisions of this Article. Any
conveyance, sale, or contract to sell or lease property made contrary
to the provisions of this Article shall be voidable to the extent,
and in the same manner, as provided in Section 11540 of the Business
and Professions Code of the State of California, to which reference
is hereby made."
9601. FILING OF A PLAN. A person who desires to obtain
approval of a lot split, shall file with the Director the follow-
ing:
(a) 15 copies of a plan and a reproducible negative thereof;
and
(b) A written application for such division in a form to
be established by the Director; and
(c) A filing and processing fee of $75.00; provided if
there is a concurrent filing for a variance or conditional use permit,
this fee shall be reduced to $35.00..
9602. PLANS.
(a) SUBMISSION. Upon receipt of a plan, together with the
fee and application, the Director shall examine the same to determine
whether the proposed division of land would meet with all require-
ments of the Temple City Municipal Code if approved.
If it is found by the Director that each of the lots will
have the required frontage upon a dedicated public street, but that
the street has not been fully dedicated in the area abutting the sub-
ject lot or lots, so as to bring the street up to a minimum of 60 feet
of dedicated width, or such other width as may be designated on the
General Plan for the abutting street, the Director shall require that
sufficient dedication for street purposes be offered by the owner
to the City, sous to meet with such minimum required street width.
Such offers of dedication shall be made contemporaneously with the
submission of a map.
Where such dedication is required, the formal offer of
dedication shall be transmitted to the City Clerk for acceptance
and recordation prior to approval of the map.
Where the Director finds that the requirements of the
above subparagraphs are not met, he shall deny the plan. The appli-
cant shall be given notice of such denial, within 5 days of such
determination.
(b) IMPROVEMENTS. The Director shall determine prior to
the submission of a map. whether improvements are required, or if
the same are in place, that they are in good condition and repair,
upon each of the lots as shown on the said plan. If such improve-
ments have not been constructed and installed upon the street front-
ages of such lots, or if the Director finds that reconstruction of
all or a part of, said improvements are required as a safety measure,
the plan shall be denied unless:
(1) Such improvements are constructed, or reconstructed
prior to the submission of the map, in accordance with City stand-
ards, therefor; or
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Ordinance No. 67-242, page 3
(2) That the applicant has guaranteed the construction or
reconstruction, of such improvements either by a cash deposit with
the City Treasurer or the filing of an instrument of credit, as
that phrase is defined in the State Subdivision Map Act. Such cash
deposit and /or instrument of credit shall be in an amount estimated
by the Director as being equal to the cost of such construction or
reconstruction.
If the Director finds that the plan is in accordance with all
applicable provisions of this Code, including, but not limited to,
this Chapter the Director shall give the applicant notice thereof,
and shall indicate to him that he has a period of time, not to
exceed 60 days, within which to file a map as hereinafter provided."
9603. DUTIES OF CITY ENGINEER.
(a) APPROVAL. Where the Director has approved a plan, the
applicant shall submit a map. No map shall be approved by the Engineer;
(1) Unless the required dedication, if any, has been offered
to the City;
(2) If improvements are required, that the same have been
either constructed or reconstructed, or bonded for;
(3) Unless the map complies with all provisions of this Code,
in the manner herein set forth.
If the Engineer finds that all such conditions have been met
by the map as submitted, he shall approve the same by endorsing his
approval upon the map to be recorded in the Office of the County Re-
corder of the County of Los Angeles, at the sole cost of the applicant.
(b) DISAPPROVAL. If the Engineer finds that any of the re-
quirements of this Article have not been met with respect to a map,
he shall disapprove the same; the applicant shall be given written
notice of such disapproval, within 5 days of such determination.
(c) APPEAL. If any applicant, or other interested person,
is dissatisfied with the action taken with respect to a plan, either
as to its disapproval or as to any condition of approval imposed
thereon, he shall have the right of appeal, from the Director's
decision, to the Planning Commission. Such appeal shall be in writing
accompanied by a filing and processing fee in the sum of $50.00, and
shall be filed with the Secretary of the Planning Commission within
60 days after the mailing of notice to the applicant of the deter-
mination of the Director or Engineer."
(d) ACTION OR PLANNING COMMISSION: When the Secretary of the
Planning Commission receives a notice of appeal with reference to a
plan or map, said Secretary shall set the matter for hearing upon
the next agenda of the Planning Commission. The appellant shall be
given written notice of the time and place of such hearings, and the
Commission, at the time of such hearing, shall give the applicant
a reasonable opportunity to present evidence to show the action of
the Director was arbitrary, capricious or unreasonable. The burden
of proof shall be on the applicant.
The Planning Commission in passing upon such an appeal shall
have the authority and power to condition its approval of the map
so as to render the proposed division compatible with the provisions
of the Temple City Municipal Code and surrounding and adjacent uses.
The action of the Commission shall be final and conclusive on the
10th day after the adoption of the Commission's resolution or upon
the day following the next regular City Council meeting, whichever
date occurs later, in the absence of an appeal to the City Council
in the manner hereinafter set forth.
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Ordinance No. 67 -242, page 4
Where the Commission's action is to approve, when it has
become final, the City Engineer shall endorse his approval on the
Parcel Map and cause the same to be recorded in the office of the
County Recorder at the expense of the applicant."
9604. APPEAL TO COUNCIL, Any applicant aggrieved by the
decision of the Panning Commission shall have the right of appeal
to the City Council. Such appeal shall be filed with the City Clerk
within 10 days after the determination of the Planning Commission.
Upon receipt of such an appeal, together with a fee in the amount
of $50.00, the City Clerk shall place the same on the City Council's
agenda for a public hearing and shall give the applicant at least
10 days' written notice of the time and place of such hearing. The
Council shall conduct a de novo hearing upon said appeal; the
burden of proof shall be on the applicant to show that the action
of the Commission was arbitrary, capricious, and unreasonable under
all of the circumstances, in view of the standards as set forth in
Section (d-) (Action of Planning Commission).
The action of the Council shall be to approve conditionally,
approve, or deny the appeal. The action of the City Council shall
be final and conclusive.
After the action of the City Council has become final, in
cases of approval, the City Engineer shall endorse his approval on
the Parcel Map and cause the same to be recorded in the Office of
the County Recorder at the expense of the applicant."
Section 2. That the City Clerk shall certify to the
adoption of this Ordinance and cause the same to be published in
the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this lst day of August , 1967.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
Mayor of the City of
Temple City, California
I, Karl L. Koski, City Clerk of the City of Temple City,
do hereby certify that the foregoing Ordinance, being Ordinance No.
67 -242, was duly passed, approved and signed as an Aae4ge oy
Ordinance by the Mayor and attested by the City Clerk at a regular
meeting of said City Council held on the lst day of August , 1967,
by the following vote:
AYES: COUNCILMEN- Briggs, Harker, Merritt, Tyrell, Beckley
NOES: COUNCILMEN- None
ABSENT: COUNCILMEN -None
City Clerk of he City o
Temple City, California
668