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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. 665 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 666 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. 667 1 1 1 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