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HomeMy WebLinkAboutORD 2431.. 4. . ... . . ' • • ORIGINAL ORDINANCE NO. 2431 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING VARIOUS PROVISIONS OF TITLE 21 O~ THE PALO . ALTO MUNICIPAL CODE (SUBOI\TISIONS) .TO INCOJtPORATE :RECENTLY ENACTED PROVISIONS OF STATE LAW AND TO REQUIRE FILING OF PARCEL MAPS IN ALL CASES WHEP£ FINAL SUBDIVISION MAPS ARE NOT REQUIRED The Council of the City of Palo .Alto does ORDAIN as follows: SECTION l. Title 21 of ti.e Palo Alto Municipal Code is hereby amended so e.s to be entitled "Subdivisions and Other Divisions of Land". SECTION 2. Section 21.04.020 of the Palo Alto Municipal Code is hereby amended to read as follows: 11 21.04 .. 020 ·owner. The term 11 owner 11 shall mean the person having sufficient proprietary interest in the land sought to be divided under the provisions of this title to commence and maintain proceedings he'reunder 11 • S~CTION 3. Section 21.04.030 of t~e Palo Alto Municipal Code is hereby amended to read as follows: 11 21.04.030 Subdivider~ The term 11 subdivider 11 shall mean· any person conuneuc1ng proceedings ·un.deT. this title to effect a division of land hereunder for himself or another" .. SECTION '4. Section 21.04.040 of the Palo Altci Municipal code is hereby ·:amended to read as follows: . "21~04.040 "SUbdivi~ion. The term "subdiv-ision" shall mean.that term as .defined.6y the.sub~iv1sion Map A,ct of thE! State of California, as from time to time amended". ·I. SECTION 5., Seqtion 21.08.010 of che Palo Alto:Municipal Code is hereby · amende.d to read as follows: . ' ..... ·~ . . ·'·-"/ · · "21. OB. 010 Purpose.. This tit,l~ ·is en~·cted· for the· · · purpc>"$e.-.. of adopting-. requ~ations. qoverning · s~divisions and other.' divisions of-'land within the City of Palo Alto". ·· SECTioN-6. Section 21.08.040 of the-Palo.Alto Municipal Code is hereby ·-amended to read as follows: "21~08~040 Compliance'Reqiiired. It shall be unlawful for any perSQnf asa·principal, agent, or otherwise, to offer to ··sell.; to :.¢ontract to sell, 'or to sell any subdivision of. land_, qr any. othex-division· of ltmd xegulated he~~un4er, or any part thereof, in the City ·of ·Palo Alt~ unl~ss and·ui:itil all the requirements hereinafter provided have ·been complied ·· · with". · - 1 - . ,... ·~ ...... . ·. .. ~ • • • SECTION 7. Section 21.oa.010 of the Palo Alto Municipal Code is hereby A!l'tended to read as fo.llows: . "21. 08. 070 Noncompliance ~ B_uildinq fiermit issuanc~e trohibited. No building pennit or any ot er kind of permit ssued 6y the.city shull be issued to any. applicant (whether it.be the original owner as defined in Section 21.04 .. 020, or the o·riqinal grantee or other person mentioned in section 21.08.050 1 or their respective successors in interest, or any other person) to be used in connection with or per­ taininq to any premises or portion thereof which ha.s at any time been divided in violation of this title and not corrected as· provided herein. The enforcement of ~he provisions of this section shall be in addition to any other remedy or penalty provided by law forcviolation of this· title 11 •• SECTION 8. Section 21.12.030 of the Palo Alto Municipal Code is hereby repealed. . -. SECTION 9. Section 21.12~040 of the Palo Alto Municipal Code is hereby amended so that the title thereof shall read "Information to be Shown on 'l'entative Map". SECTIOH 10. Section 21~12~070 of the Palo Alto Municipal Code is hereby amended to read as follows: "21.12.070 Action on Tentative Map. The Planning Commission shall, withi~ the time prescribed by the Sub- division Map Act, determ'i.ne whether the tentative map is in conformity with the provisions of law and of this title and upon that basis sha.11 within such time recommend approval , conditional approval or disapproval of the same to the City council·." SECTION 11. Section 21 .. 16.010 of the Palo Alto Municiapl Code is hereby amended to read as follows: .· "21.16.019 Fili~a of Final Map. Within one year after approval or con itiOnal approval Of the tentative map, the subdivider shall cause the subdivision or any part thereof to be surveyed and· a·· final map the~eof to be prepare~ in con .. formance with the tentative map as approved or conditionally approved·. Tracinqs and twen~y-f ive prints of the final map which conform to the requirements of law shall be filed with the City Enqine'er. An extenaion··of time may be gran~ed by the Ci-ty Counc;dl upon recommendation by the Planning, Commission providing written application is made by the subdi'.V'ider within one year afte~ .action on the tentative map. In the case,of revers.ion to acreage no survey need be made unless cleemed necessary by the City Engineer." ·-SECTION 12. se·ction 21.16.030 of the Pala Alto Mul)icipal Code is hereby amended to read as follow~.: "21.16.030 Form of Fi~al Map. The .final subdivision map shall'meet all the requirements as to.form and contents required by th~ Subdivision Map Act, as well as· the require­ ments of this chapter".· -2·- '• . " • • • SECTION 13. Section 21.16.110 of the Palo Alto Municipal Code is hereby amended to add a subsection (j), to read as follows: "(j) Area. The·· finaJ map shall indicate the acreaqe of each lot, to the nearest thousandth of an acre~. SECTION 14. Chapter 21.18 of the Palo Alto· Municipal Code. -~- entitled "Filing and Checking Fees" is hereb}' amended to read as follows: "21..18.010 Filing and Checkihg Fees. The subdivider shall pay the following fees at t e t""IiiC of filing the . map indicated: (a) Ten:ta:tive or Preliminary Map. In every . instance where a tentative or preliminary map is filed for the first time, the fee shall be twenty-five dollars plus .five dollars per lo~ shown thereon. (b) Refilinq of Tentative or Prelimj.nary Ma..e. Where the filing of a tentative or preliminary map is necessit~ted by the failure of the subdivid~r to record an approved final or parcel map within the t.irr.s limit prescribed by thi!?.; title ,·ar~d the refiled tentative or preliminary map is substantially identical to said final or parcel map, the fee shall be twenty-five dollars. (c) Final Mapo In every instance where a final or parcel map is filed, the fee shall be twenty-five dollars plus one dollar per· lot shown thereorj." SECTION 15. Chapter 21.32 of the Palo Alto Municipal Code ·is hereby amended so as to be entitled "Miscellaneous Divisions of Land" and so as to read as follows: "21.32.010 scoat_of Chaplel. The provisions of this chapter govern anyvision o · and which does not meet . the requirements :f9r a 'subdivision' as that term is / defined by the·Subdivision Map.Act. As u~ed herein, refer- ences to 'divisions of lar,d shall also mean and ir;c,lude' removal of or changes to existing lawful property lines". " . · "21. 32. 020 J>lanninq Qf !icet Aiwroval. . The Pl~~ning . Officer may approve an appl1cation.to·divide'lant:1s into less than five lots; or to d·ivide lands .in any ot.~er manner which would not ·create a subdivision". ··· . "21.32.030 Engineerinq·Department Approval. ·Before the Plannln9 Officer may approve such ~ivislon; the app;Lication must be approved by the ·city Engi~eer, the. Chief uti,li'ties Engineer, and ·the chief:Enqineer:for.Liqht and PowE!r~ .• · .. . ·. 11 21.; 32. 040 . p:f~limi11a.ry Map Re~uited. )fhe appl.i,can~ ~h~ll submit five copies of. a prelilninary map ot;·~11~ proposed di vision. of i._nd, which shall show the :. dimensio.'1.~ Qf the ·pro­ pos,a lots,and any other.·informatlon deemed necessary by the City Engineer and the Planning Officer". . ·;"21.3_2._0SO 0 ,tron~ag~ Requirement"~· All lots created by such division shall have frontage upon a street dedicated - 3 - ,, ; \ • .. , • • ·as &-public street, proviqed that. the Planning Officer may approve, .for slngle family residential use only, not more that one lot without such required fr~ntage on a public street, llereinafter referred t.o as •:rear lot' under the following conditions: (.:,.) . The front lot shall meet all. the requirements of the zor~thdistrict within which it is located. (b) .· The rear lot shall meet· all of the requirements of the zone district within which it is located and,_ in addition, shall hav(;.c:: an area which exe:eeds the lot area requirement by twenty ·percent exclusive of any access to a public street. · · - (c) Access to the public street ~or a rear lot shall not be over an easement but ov~r land under the same owner­ ship as that of the rear lot; such access shall have a mini­ mum width of fifteen feet; and shall have a paved way not less than:ten feet in width. (d) In any case.where a new electrical service is required, such service shall be placed underground at the expense of the property owner and to the specifications of the chief engineer for ligh~ and power. (e) No rear lot shall be permitted which involves any property included in whole or in part in any subdivision re­ corded on or after December 31, 1960." 11 21.32.060 £onditional Aeprcval. The Planning Officer shall have authority in granting such application to impose conditions he deems necessary to protect the best interests of the surrounding property or neighborhood consistent with the general purpose and intent of this title, including, but not limited' to, aoequate provisions for fire protection, easements for public· utilities and improvements of all pro­ posed streets .t,o the ·st.andards prescri~>ed in this title, or such lesser standards as rila;t be approved by the Planning Officer." "21~32.07'0.,T)npa.id Tax?.s. Before approval of any division of land under tfi~s--chapter, the applicant shall pay all unpaid county:·and municipal taxes, except taxes not yet payable." "21."32.080 Monthly Report,. The Planning Officer shall make a monthly repprt to the City Manager "o.f · such ·action taken on all applications. made under this cnapter. A ctipy o(.A1.uch report sheill also ;be forwarded to the City coun¢.:j..l ·and the Planning 'Commission". · · "~l: 32. 090 tte..eal of o~1n~~l. A denial of an application for division of and u~der .. this chapter may be appealed by the applicarrt. to the Planning Commissl.pn within ten day.$ after the mailing 6f notice of the decision· of the Planninq, of_fi_cer to the .app~"iclj,nt at. the addres~ show on the, appli.:. cation •. The appeal, shall be. in wri tiiig / 'shall be filed with the -C,i.ty,.clerk, shall be accompanied -by 18 -c:opi'es of the·. - pre_liminai:y map, and. shall ·generally ra~t ~f¢J;rth tih~ grouri~s. for appeal. Any decision. of the ·Planning Officer. no.t so appealed shall be ·fi.11ar, and any appeal not ·filed withln ·the specified I I I I I I I I I I .J • •• t ••• ,. 1 ---- •• • tims shall be dismissod by the Planning Commission. After due consideration the Planning Commission may recommend to the City Council that such application be approved, approved subject to·qonditions, or disapproved." "21.32.100 Fulfillment of conditions.· In any case where the city council grants approval subject to con­ ditions, said conditions shall be fulfilled within one hundred eighty days after the d~cision o.f the city council or within such,shorter time as the council may prescribe. If all of the conditions are not fulfilled within such period, the application and any approval thereof ·shall automatically be void. Prior· to the ·rulfillment of all of the conditions no building or ot;her such permit shall be issued during. said one hundred eighty day period for any structure or use which would not qualify for a permit in the event the approval should become void under this ·chapter.!! "21.~2.llO ~el Map; ~~9 Required. Within one year after thEi «pprovaT -or.conditional approval of the pre­ liminary map requirc..'!d_under this chapter, the ·applicant shall cause the filing of a parcel map, which shall comply with all.of the provisions of Ch~p_ter 2, Article VI of the Business and Professions Code, as from time to time amended. The parcel map shall show the acreage of each lot to the nearest thousandth of an acre. Th~ parcel·map shall b~ first submitted to the Planning Officer who shall examine it to determine whether it conforms with the preliminary map previously filed and with all changes permitted and.all -requirements imposed as a condition to its acceptance. If the Planning Officer shall determine that the parcel map is in conformity therewith, he shall certify his approval thereon and shall transmit the map to the City EngineQr. The City Engineer shall ·thereupo.n examine it for the survey informat,ion shown thereon, and if he is satisfied that it is technically correct, he shall proceed in the manner pre­ scribed by Chapter 2, Arcicle VI of the B~siness and Pro~essions Code, as from time to time amended, including· presentation of the ·map to the County _Recorder for filing. The applicant shall pay any recording fees." SECTION 16. This ordinance shall become effective upon the expiration of 30 aays from the date Of its passage. INTRODUCED: April 15, 1968 PASSED: May 6. 1968 AYES: Arnold, Beahrs, Berwald; Clark, Comstock, Cooley, I>las·; ·Gallagher, Pearson, Spaeth, Wheatley NOES: None ABSENT: None ATTEST: . ~· ... APPROVED AS ';1'0 rQRM: "1:· . ..r AS TO CONTENT: 5 . <µ>pu o -. ~ . '· .