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HomeMy WebLinkAboutORD 286ORDINANCE NO. 236 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE SUBDIVISION ORDINANCE TEXT, CHAPTER 26, SECTIONS 26.20.090, 26.20.100, 26.20.110, 26.20.140, AND ADDING SECTIONS 26.20.111, 26.20.117 AND 26.20.145. WHEREAS, the City Council of the City of Palm Desert, California, did on the 18th day of February, 1982, consider proposed revisions to the City's Subdivision regulations; and, WHEREAS, said revisions would be in the interest of the public health, safety, and general welfare of the City of Palm Desert by the: 1. Elimination of confusion resulting when related zoning cases are processed with tentative maps. 2. Elimination of unnecessary duplication of hearings. 3. Allowance of added time extension to tentative maps after City review and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the basis of said revisions. 2. That it does hereby approve a Subdivision Ordinance Text Amendment, as provided in the attached Exhibit "A" to amend Chapter 26, Sections 26.20.090, 26.20.100, 26.20.110, and 26.20.140 and add Sections 26.20.111, 26.20.117 and 26.20.145. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the E, City of Palm Desert, and shall certify to the passage of adoption of this Ordinance, and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPRO ED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25 "day of February , 1982, by the following vote, to wit: AYES: Newbrander, Puluqi, Snyder, & Wilson NOES: None ABSENT: McPherson ABSTAIN: None ATTEST: SHEILA R. GILLI AN, City C City of Palm Desert, Califor -1- EXHIBIT A 26.20.090 Planning Commission --Resolution. The commission shall consider the tentative map as submitted by the subdivider together with the recommendations prepared by the director. The director may, with a minimum of three working days' notice, require that all or any part of the boundaries and/or streets of a proposed subdivision be flagged at the site to facilitate any field review of the commission. The commission shall review any tentative map submitted within fifty days after the tentative map has been filed and the resolution shall either approve, conditionally approve, or disapprove said map. The number, size and configuration of lots to be created and the alignment and width of streets and easements shall be depicted upon the tentative map prior to approval by the commission. Conditions to make the map approvable which involve modifications to lots in terms of number, size or configuration, or to streets in terms of alignment or width may be set forth by the commission for the guidance of the subdivider. However, when such conditions are substantial, the land division committee may require that these changes be incorporated upon a revised tentative map and be returned to the director. The director shall have the authority to approve the resubmitted revised tentative map on behalf of the commission if the map is clearly in conformity with the conditions established by the commission. The director may, at his discretion, require that the revised map be submitted to the commission for approval in any instance where the map is not clearly in conformity with such conditions. Any report or recommendation on the tentative map by the staff to the commission shall be in writing and a copy thereof shall be served on the subdivider at least three days prior to any hearing or action on such map by the commission. 26.20.100 Planning Commission action. A. If the commission finds that the proposed map does not meet the requirements or conditions of this title or the Map Act, it shall disapprove the map. The commission may waive any irregularities in the proposed map if a determination is made that such irregularity is the result of a technical or inadvertent error which does not materially affect the validity of the map. B. No map shall be approved unless the commission finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan. C. The commission shall deny approval of a tentative map, as required by the Map Act, if it makes any of the following findings: 1. That the density of the proposed subdivision 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 development; 4. That the site is not physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, 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 judgement of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 26.20.110 Public hearing. All tentative subdivision maps shall be reviewed by the Planning Commission at a duly noticed public hearing. Notice for the public hearing shall be mailed to the subdivider and to the owners of all property within three hundred feet of the exterior boundaries of the property involved at least ten days prior to the date of the hearing. The latest equalized county assessment roll shall be used for the notice. Any interested person may appear at such a hearing and shall be heard. 26.20.111 Effective date of tentative tract map. The decision of the Planning Commission shall be final on the sixteenth day following the date of the decision unless an appeal has been filed with or the map has been called up for review by the City Council. -2- 26.20.117 Appeals. A decision of the Planning Commission may be appealed to the City Council within fifteen days of the date of the decision by filing an application of appeal with the City Clerk. Said appeal shall be processed in the manner set forth in Chapter 25.86 of the City of Palm Desert Municipal Code. 26.20.140 Extension of time. Upon written application of the subdivider made within twenty-four months of the approval or conditional approval of the tentative map, the Planning Commission may grant an extension of time of up to eighteen months for filing of the final map. All applications shall be filed sufficiently in advance of the expiration date to permit inclusion upon the commission agenda, and to permit commission action prior to such expiration date. At the time of consideration by the Commission of the extension of the approved tentative map, Commission may hear the testimony of any witnessess interested in the matter. Unless the subdivider and commission agree that additional time is needed for consideration, the commission shall declare its decision within twenty days of the matter appearing on its agenda. The commission may approve, or deny the request for extension. The responsibility for making timely application for any extension shall remain entirely with the subdivider, and the city assumes no obligations to notify the subdivider that any tentative map or extension thereof is about to expire. 26.20.145 Additional extension of time. Upon written application of the subdivider made within eighteen months of a time extension granted under Section 26.20.140 an additional extension of time of up to twelve months for the filing of a final map may be granted by the commission. The procedures set forth in Section 26.20.140 shall be used in processing said additional time extension request. -3-