A.
The
planning commission, director of community development and council
shall, in recommending approval of any subdivision or approving any
subdivision, consider the housing needs of the region and balance
such needs against the public service needs of the neighborhood and/or
future residents and available fiscal and environmental resources.
The planning commission, director of community development and council
shall, in recommending approval of any subdivision or approving any
subdivision, determine that adequate access exists to all lots in
relation to surrounding areas and shall have the authority to recommend
disapproval of any subdivision or disapprove any subdivision where
access is or would be inadequate in view of contemplated traffic.
B.
The
planning commission, director of community development and council
shall have the authority to recommend disapproval of the development
of a subdivision or disapprove a subdivision in areas where protection
against fire or flooding cannot be provided without excessive cost
to the city or where grading would endanger areas of lower or higher
elevation due to uncorrectable erosion and slides or where geological
conditions indicate an uncorrectable, unstable situation would exist
if the earth form or vegetation were disturbed.
C.
The
planning commission, director of community development and council
shall have the authority to recommend the disapproval of the development
of any subdivision or disapprove any subdivision where it determines
that such subdivision will create an adverse environmental effect
on a neighborhood or the community as a whole. The planning commission,
director of community development and council shall take into consideration
the following factors:
D.
The
planning commission, director of community development and council
shall recommend the disapproval of the development of any subdivision
or disapprove any subdivision where it determines that any of the
following findings apply:
1.
The
proposed map is not consistent with applicable general and specific
plans;
2.
The
design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans;
3.
The
site is not physically suitable for the type of development;
4.
The
site is not physically suitable for the proposed density of development;
5.
The
design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6.
The
design of the subdivision or the type of improvements is likely to
cause serious public health problems;
7.
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. The planning
commission, director of community development or council may recommend
approval of a map or 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.
E.
The
planning commission, director of community development or council
shall, in recommending approval of any subdivision or approving any
subdivision, determine that the design or improvement of the proposed
subdivision provides for future passive or natural heating or cooling
opportunities to the extent feasible. The planning commission, director
of community development or council shall, in recommending approval
of any subdivision or approving any subdivision, determine that the
discharge of waste from the proposed subdivision into the existing
community sewer system would not result in violation of existing water
quality control requirements pursuant to Section 66474.6 of the Subdivision
Map Act.
F.
Where
a residential subdivision is found to be in compliance with applicable
general plan policies and codes and ordinances of the city, the planning
commission, director of community development or council shall, in
recommending approval of a lower density or denial of any such residential
subdivision or approving of a lower density or denying any such residential
subdivision, make written findings supported by substantial evidence
on the record that the project would have a specific, adverse impact
upon the public health and safety unless modified to a lower density
or denied, and that there is no feasible method to satisfactorily
mitigate or avoid said identified adverse impact other than modified
approval to a lower density or denial.
(Ord. 5683 § 6, 2009; Ord. 5818 § 9, 2013)
The subdivider shall cause the tentative tract map or tentative
parcel map covering the area proposed to be subdivided to be prepared
by a registered civil engineer or licensed land surveyor and such
tentative map shall be in full compliance with the requirements of
this title.
(Ord. 5683 § 6, 2009)
Where the tentative map covers an area having a local relief
of greater than 20 feet and slopes having a ratio steeper than five
horizontal to one vertical, the director of community development
may require a map showing proposed land use, contours of the entire
area, and a proposed street and street grade, storm drain and sanitary
sewer layout within the area. Such map shall not be deemed to be a
tentative map, but as a guide for the tentative map under consideration
and for future tentative maps in the area.
(Ord. 5683 § 6, 2009; Ord. 5803 § 62, 2013)
The subdivider shall present 20 white copies of the tentative tract map and a brownline transparency of same and 20 copies of the accompanying owner's statement with the required filing fee to the director of community development for review. Before the tentative tract map is submitted to the director of community development or the planning commission, each copy shall have been certified by the director of community development as to its compliance with all provisions of this title, and that a tract number shall have been secured from the office of the county engineer. The tentative tract map shall then be deemed filed after 30 days unless the director of community development rejects such map or application, in writing, within 30 days after submission, specifying wherein the tentative tract map fails to meet the requirements of this title or where the application is incomplete. The map shall not be rejected or determined to be incomplete for failing to meet the requirements of this title where the applicant has submitted, along with the documents required herein, a written statement that the applicant intends to apply for a variance, conditional use permit or any exception procedure pursuant to chapter 15.12, title 16 or Title 30 of this code or Appendix J of the current Glendale Building and Safety Code setting forth with specificity reasons and grounds for such a variance, conditional use permit or exception.
(Ord. 5683 § 6, 2009; Ord. 5803 § 63, 2013; Ord. 5818 § 10, 2013)
A.
Each tentative map shall have a minimum dimension of not less than
18 inches by 26 inches. The scale of the map shall be large enough
to show clearly all details thereof, but in no case is to be smaller
than one inch equals 100 feet.
B.
The tentative map shall show the following matters:
1.
The tract number as secured from the county engineer;
2.
The approximate boundaries of the property subdivided and its
relation to other recorded subdivisions or recognized property lines;
3.
Names and addresses of record owner and owners of property immediately
abutting;
4.
Name and address of the subdivider;
5.
Name and address and registration number, certificate, or other
acceptable evidence of professional certification;
6.
Location, size and character of all existing public utility
facilities in the proposed subdivision or adjacent thereto;
7.
The locations, existing or recommended names, and widths of
all existing or proposed streets and freeways in or adjacent to the
subdivision and their approximate grades;
8.
The approximate width and location of all existing and proposed
easements, whether public or private, for streets, drainage, sewerage
and public utilities;
9.
Approximate radius of each curve;
10.
Approximate lot layout and lot numbering, and approximate dimensions
for each lot;
11.
Area of each lot in the tract and total area of the subdivision;
12.
Approximate boundaries of areas subject to inundation, stormwater
overflow, and the location, width, and direction of flow of all water
sources;
13.
Existing use or uses of property and to scale, outline of any
existing buildings not to be moved in the development of the subdivision
and their relation to existing or proposed streets and lot lines;
14.
Statement of present use zone and proposed use or uses of property;
15.
Proposed public areas to be dedicated;
16.
Location of all trees or stands or trees over six inches in diameter in the area proposed for subdivision, with protected indigenous trees depicted as required per Chapter 12.44;
17.
Reserve strips, walls or other devices for controlling access
to adjacent property;
18.
Date, north arrow and scale; and
19.
The location of any areas designated for parks, schools or other
public use.
(Ord. 5683 § 6, 2009; Ord. 6023, 2/13/2024)
The following items shall be submitted with the tentative tract
map or tentative parcel map:
A.
A statement of the general character of the improvements proposed
for the streets in the proposed subdivision shall be filed with the
tentative map. This statement of intent shall include such items as
street trees, lighting system, sidewalk, curb, gutter, paving, conduits,
storm drains and sewers, and all public utilities, mains and services;
B.
A statement of the proposed restrictions shall be furnished with
the tentative map if the proposed subdivision includes private streets
or common open space or is proposed to be a condominium or other joint
or co-ownership type of development;
C.
A statement that the applicant is the owner or is legally empowered
to act for the owner of the property for which the application is
filed, including property which will provide access to the proposed
subdivision, and showing the names of all persons, firms or corporations
whose consent is necessary to pass title to all street and other easements
shown on such map;
D.
A soil report shall be prepared and filed for every subdivision and
shall mean a report prepared by a registered civil engineer specializing
in soil mechanics and shall be based upon accepted engineering principles
and adequate test borings as determined suitable by the city engineer.
The soil report shall set forth sufficient engineering data to explain
the proposed solution to any geological hazards that may be created
by the proposed grading and any structural defects which may occur
due to the presence of critically expansive soils or other soil problems.
Where such soil problems are found to exist, the city engineer may
require a soils investigation of each lot in the subdivision. The
soil report may be waived if the city engineer determines that knowledge
exists of the soil qualities of the subdivision;
E.
A plan for drainage and for handling stormwater;
F.
A vicinity map showing all adjacent property and streets together
with the zoning designations for such properties;
G.
A proposed street tree planting plan;
H.
A preliminary grading plan of sufficient detail to show the height,
length and width of cut and fill slopes; adequate cross-sections to
indicate the character of grading; street slopes; pad slopes; and
areas subject to protection by this code or the general plan. Said
preliminary grading plan shall be an accurate representation of a
project which is capable of being implemented without substantial
change subsequent to tentative tract or tentative parcel map approval;
I.
A preliminary seismic study which shall include, but not be limited
to, the identification of seismic hazards, conclusions and recommendations
regarding the effect of seismic conditions on the proposed development,
opinions and recommendation covering the adequacy of the site to be
developed in light of seismic conditions, and design criteria to mitigate
any identified seismic hazards. This report shall be completed by
a professional geologist registered with the state of California and
experienced in the science of seismicity and seismic investigation;
J.
A preliminary hydrology report which shall estimate the quality of
all runoff and debris from on-site sources and from off-site uphill
watershed tributary to the project site, and which shall consider
each lot or dwelling unit site in the proposed subdivision. Los Angeles
County flood control district criteria shall be utilized to compute
runoff and debris amounts. This report shall be completed by a registered
civil engineer experienced in the science of hydrology and hydrologic
investigation;
K.
A preliminary landscape plan which shall show the location of all existing trees with trunks over six inches in diameter located on the site and within 20 feet of the site, with protected indigenous trees depicted as required per Chapter 12.44. The plan shall indicate which trees are to be retained or removed, and shall indicate the generalized type and extent of proposed landscaping, including a description of the provisions for ongoing maintenance and irrigation thereof. Such plan shall be prepared by a licensed landscape architect and shall be certified by the tract geologist that the proposed landscaping is compatible with the proposed grading plan and with the soil conditions of the site;
L.
A "preliminary schematic plan" showing the architecture, location
of building envelopes, and grading necessary for all proposed buildings
within the proposed subdivision if the subdivision is located in the
R1R or ROS zone;
M.
Three-dimensional scale models showing existing topography and proposed
development; after review of the models, the director of community
development may require a computer model of the project site prepared
according to his or her specifications; and
N.
Certified public notice mailing labels for all owners of real property
shown on the last equalized assessment roll as owning real property
located within a radius of 500 feet of the exterior boundaries of
the property which is the subject of the proposed tentative map, and
for all occupants of such properties, and to provide a property ownership
and occupant map keyed to the mailing labels.
(Ord. 5683 § 6, 2009; Ord. 5803 § 64, 2013; Ord. 6023, 2/13/2024)
Upon receipt of the tentative map, the city engineer shall make
a visual examination of the area to be subdivided. The city engineer
shall make an analysis of the geology, physical appearance and the
stability of the slopes and shall determine if there is any evidence
of shearing stresses. If after the city engineer has analyzed the
soil conditions and determines that a geological report is necessary,
the subdivider shall be notified at the earliest opportunity and be
given full information as to the type of information and statistical
report required by the city. Copies of the geological report shall
be submitted to the director of community development for distribution
to the city engineer and building official.
(Ord. 5683 § 6, 2009; Ord. 5803 § 65, 2013)
Upon receipt of a copy of the tentative map and owner's statements,
each officer, department or section to whom and to which same has
been transmitted, shall examine same to ascertain if the same conforms
to the requirements coming within the authoritative scope of such
officer, division or section. Within 10 days after the receipt thereof,
each such officer, division or section shall submit to the director
of community development a report in writing stating if the map conforms
to the requirements coming within his or her authoritative scope.
If the map does not conform he or she shall so state and shall set
forth the particulars wherein such map or owner's statements do not
conform and what changes are necessary to bring them into conformity.
When the director of community development has received such reports,
he or she shall prepare a composite, written staff report. A copy
of the staff report shall be served on the subdivider and on all tenants
of a proposed conversion of residential real property to condominium,
community apartment or stock cooperative at least three days prior
to the planning commission meeting or council meeting prior to any
determination on a condominium conversion tentative tract application
by the hearing officer.
(Ord. 5683 § 6, 2009; Ord. 5803 § 66, 2013)
A.
The
director of community planning shall set public hearings before the
planning commission for tentative parcel maps and tentative tract
applications for new condominium project of seven or more units. New
condominium projects with six or fewer units shall be reviewed by
the director of community development without a public hearing. The
director of community development shall set public hearings before
the planning commission and thereafter before the city council for
tentative tract applications not involving condominiums or parcel
maps. The director of community planning or the city clerk shall give
notice of the public hearing(s). Notice of hearing will contain the
date, time and place of the hearing, and a general description of
the property proposed to be subdivided, shall state that all persons
have a right to appear and be heard, and shall be:
1.
Published
once in the official newspaper of the city at least 10 days before
the date of the hearing;
2.
Mailed
by U.S. mail, postage prepaid, or notice served by any other method
authorized by the Government Code of the State of California, at least
10 days before the date of the hearing, or in the case of a new condominium
project with six or fewer units, at least 10 days prior to the date
of the written decision by the director of community development to
all owners of real property found by the director of community planning
to be affected thereby and to all owners of real property, shown on
the last equalized assessment roll, located within a radius of 500
feet of the exterior boundaries of the property proposed to be subdivided,
except that if all the property proposed to be subdivided is owned
by the same person or entity, the owners of contiguous real property
to that owned by the applicant shall also be notified;
3.
Mailed,
by U.S. mail, postage prepaid, at least 10 days before the date of
the hearing to each tenant of a proposed conversion of residential
real property to a condominium project, community apartment project
or stock cooperative project.
4.
At
least 10 days prior to the hearing, or, in the case of a new condominium
project with six or fewer units, at least 10 days prior to the date
of the written decision by the director of community development,
the applicant shall cause notice thereof to be posted in a conspicuous
place on the property involved as follows:
a.
A poster-size sign shall be mounted on four-inch x four-inch wooden
posts and shall be able to withstand all types of weather conditions.
b.
The poster-size sign shall not exceed six feet above ground level
and shall be visible from adjacent streets.
c.
The poster-size sign shall be a height of three feet and width of
four feet.
d.
The poster-size sign shall be located not less than five feet inside
the property line in residential zones and not less than one foot
inside the property line in all other zones. In all instances, the
sign shall be located in areas that are most visible to the public
but not within the public right-of-way.
f.
Additional poster-size signs may be required to the discretion of
director of community planning.
g.
The poster-size sign shall remain for the duration of the appeal
period given in this title. If no appeal is filed, the sign shall
be removed within seven days after the deadline for filing appeals.
If an appeal is filed, the sign shall remain for at least 15 days
after the final action by the city on that appeal. The sign may be
altered or replaced to reflect information on the appeal hearing.
If a subsequent appeal is filed, the sign shall remain for at least
15 days after final action by the city on the subsequent appeal.
h.
In situations where the above requirements are not physically possible
due to site constraints, a comparable notice shall be prepared and
located to the satisfaction of the director of community development.
B.
In
the case of tentative tract applications for condominium conversions
the director of community development or the city clerk shall give
written notice of the application for condominium conversion. The
notice of application for a condominium conversion shall contain a
general description of the property proposed to be subdivided and
a statement that any interested party may request a public hearing
on the tentative tract application in writing within 15 days of the
date the notices were mailed. Notice of application for condominium
conversion shall be given in the following manner:
1.
Mailed
by U.S. mail, postage prepaid, or notice served by any other method
authorized by the Government Code of the State of California, at least
15 days prior to the decision of the director of community development
to waive a public hearing concerning the application for a condominium
conversion. Such notice shall be sent to all owners of real property
found by the director of community development to be affected thereby
and to all owners of real property, shown on the last equalized assessment
roll, located within a radius of 500 feet of the exterior boundaries
of the property proposed to be subdivided, except that if all the
property proposed to be subdivided is owned by the same person or
entity, the owners of contiguous real property to that owned by the
applicant shall also be notified;
2.
Mailed,
by U.S. mail, postage prepaid, at least 15 days prior to the decision
of the director of community development to waive a public hearing
to each tenant of a proposed conversion of residential real property
to a condominium project, community apartment project or stock cooperative
project.
C.
If
a written request for public hearing on a condominium conversion application
is made in a timely manner the procedure for public hearing pursuant
to subsection 16.024.090.B. then notice of the public hearing shall
be pursuant to the requirements set forth in subsections 16.24.090.A.2.
and A.3. If no written request for public hearing is made the director
of community development shall process the tentative tract application
without a public hearing.
D.
A written
copy of the staff report or draft decision of the director of community
development including findings and conditions of approval, if any,
shall be provided to the subdivider at least three days prior to the
date of decision.
(Ord. 5683 § 6, 2009; Ord. 5803 § 67, 2013; Ord. 5818 § 11, 2013)
After acceptance of the tentative map, owner's statement and
staff report, and following a properly noticed public hearing before
the planning commission, the planning commission shall recommend approval
or approve with or without conditions, or recommend disapproval of
or deny the tentative map and shall notify the subdivider of such
decision. The recommendation of the planning commission on the tentative
tract map shall be reported in writing to the council. After acceptance
of a tentative map for six or fewer condominium units, owner's statement
and staff report and following a properly noticed intention for the
director of community development to make a written decision, the
director of community development shall recommend approval or approve
with or without conditions, or recommend disapproval of or deny the
tentative map and shall notify the subdivider of such decision. The
decision of the director of community development shall be reported
in writing to the council.
(Ord. 5683 § 6, 2009; Ord. 5818 § 12, 2013)
After a properly noticed hearing before council and after consideration
of the report of the planning commission, testimony or other evidence,
the council shall approve, conditionally approve or disapprove the
tentative tract map not related to a condominium project. Such approval
shall not constitute an approval of any exception or deviation from
any zoning standard or provision as set forth in the zoning ordinance
as to which a separate hearing in compliance with Title 30 shall be
scheduled. All tentative tract map applications considered by the
city council shall be based on the subdivision design which formed
the basis of the recommendation by the planning commission. The applicant
shall not be permitted to make substantial changes in the project
design in the areas which include, but are not limited to: property
lines, grading and street design unless such changes are specifically
recommended by the planning commission. The city council, however,
retains the authority to modify the project.
(Ord. 5683 § 6, 2009)
The subdivider shall present 20 white copies of the tentative parcel map and a brownline transparency of same and 20 copies of the accompanying application with the required filing fee to the director of community development for consideration. The tentative parcel map shall be deemed filed after 30 days unless the director of community development rejects such map or application, in writing, within 30 days after submission, specifying wherein the tentative parcel map fails to meet the requirements of this title or where the application is incomplete. The map shall not be rejected for failing to meet the requirements of this title where the applicant has submitted, along with the documents required herein, a written statement that the applicant intends to apply for a variance, conditional use permit or any exception procedure pursuant to chapter 15.12, title 16 and Title 30 of this code or Appendix J of the current Glendale Building and Safety Code setting forth with specificity reasons and grounds for such a variance, conditional use permit or exception. Upon acceptance of the map and application, the director of community development shall immediately transmit the specified number of copies to appropriate municipal divisions and any outside affected agency.
(Ord. 5683 § 6, 2009; Ord. 5803 § 68, 2013)
A.
Each
tentative parcel map sheet shall be 18 inches by 26 inches. The scale
of the map shall be large enough to show clearly all details thereof,
but in no case is to be smaller than one inch equals 100 feet.
B.
The
tentative parcel map shall show the following matters:
1.
Name,
address and telephone number of record owners;
2.
Name,
address and telephone number of person preparing and filing the tentative
parcel map;
3.
Sufficient
legal description, including all bearings and distances, of the land
as to define the boundaries of the area to be divided; include and
describe all monuments found or set;
4.
The
exact lot layout and the bearings and dimensions of each parcel, including
the area. New lot lines to be shown as solid lines, original lot lines
to be dashed lines;
5.
The
radius of all curves including the arc distances and delta angles;
6.
Each
parcel shall be numbered and abandoned property lines shall be jointed
by land hooks. Any property shown on the map but not included in the
parcel split should be labeled "Not a part of this parcel split";
7.
The
locations, names and existing widths of all adjacent highways, streets
or ways;
8.
The
width of all highways, streets and ways within such proposed parcel
split;
9.
The
widths and locations of all existing and proposed easements for drainage,
sewers or public utility purposes;
10.
Date, north point and scale;
11.
The location of each area covered by brush or trees with a statement
of the nature of such cover, and the kind and approximate location
of all trees standing within the boundaries of proposed public rights-of-way.
The driplines of all indigenous trees shall be shown;
12.
Approximate contours where topography controls the layout;
13.
The location of all areas subject to inundation or stormwater overflow;
the locations, widths and directions of flow of all watercourses;
and the proposed methods for preventing damage from floods;
14.
The exact location and outline to scale of each building or structure
with dimensions of front, side and rear yards; and
15.
Existing street improvements (pavement width, walks, gutters, sewers,
etc.).
(Ord. 5683 § 6, 2009)
The tentative parcel map may be compiled from recorded or filed
data when the city engineer determines that sufficient survey information
exists on filed maps. When record survey is not adequate, additional
field survey will be required.
(Ord. 5683 § 6, 2009)
A.
The
requirements contained herein for the filing of a parcel map may be
waived by the planning commission where it finds that the proposed
division of land complies with all requirements established by this
code, including, but not limited to, improvement and design, drainage
control, improvement and accessibility of public rights-of-way, sanitary
disposal facilities, water supply availability and environmental protection.
A parcel map may be waived in the following circumstances:
1.
Division
of real property or interests therein created by probate, eminent
domain proceedings, partition or other civil judgments or decrees;
2.
Divisions
of property resulting from the conveyance of land or interest to or
from the city, public entity or public utility for a public purpose;
3.
Any other divisions of property for which a certificate of compliance could be issued pursuant to Section 66499.35 of the Government Code and section 16.12.050 of this code.
B.
In
the event the planning commission waives the parcel map filing requirement
herein above described, the person applying for land division shall
submit a tentative parcel map in the same form as that required in
this chapter.
C.
Upon
waiver of parcel map requirements, the director of community development
shall cause to be recorded a certificate of parcel map waiver which
shall contain a precise legal description of the divided property,
supplied by the subdivider and certified by a registered civil engineer
or land surveyor. Requirements for any off-site and on-site improvement
shall be noticed by certificate on the certificate of parcel map waiver
or by separate instrument and shall be recorded on, concurrently with,
or prior to the certificate of parcel map waiver being filed for record.
(Ord. 5683 § 6, 2009; Ord. 5803 § 69, 2013)
A.
Upon
the filing of an application for approval of a parcel map, the director
of community development shall set the matter for public hearing before
the planning commission. At least 10 days before the hearing, the
director of community development shall give notice of the public
hearing. Notice of the hearing will contain the date, time and place
of the hearing and a general description of the property proposed
to be divided and shall be:
1.
Published
once in the official newspaper of the city at least 10 days before
the date of the hearing; and
2.
Mailed,
postage prepaid, at least 10 days before the date of the hearing to
all owners of real property found by the director of community development
to be affected thereby and to all owners of real property located
within a radius of 500 feet of the exterior boundaries of the property
proposed to be divided, except that if all property proposed to be
divided is owned by the same person or entity, the owners of contiguous
real property to that owned by the applicant shall be notified. Also,
the public notice shall be mailed to the occupants of such properties.
3.
At
least 10 days prior to the hearing, the applicant shall cause notice
thereof to be posted in a conspicuous place on the property involved
as follows:
a.
A poster-size sign shall be mounted on four-inch X four-inch wooden
posts and shall be able to withstand all types of weather conditions.
b.
The poster-size sign shall not exceed six feet above ground level
and shall be visible from adjacent streets.
c.
The poster-size sign shall be a height of three feet and width of
four feet.
d.
The poster-size sign shall be located not less than five feet inside
the property line in residential zones and not less than one foot
inside the property line in all other zones. In all instances, the
sign shall be located in areas that are most visible to the public
but not within the public right-of-way.
f.
Additional poster-size signs may be required at the discretion of
director of community development.
g.
The poster-size sign shall remain for the duration of the appeal
period given in this title. If no appeal is filed, the sign shall
be removed within seven days after the deadline for filing appeals.
If an appeal is filed, the sign shall remain for at least 15 days
after the final action by the city on that appeal. The sign may be
altered or replaced to reflect information on the appeal hearing.
If a subsequent appeal is filed, the sign shall remain for at least
15 days after final action by the city on the subsequent appeal.
h.
In situations where the above requirements are not physically possible
due to site constraints, a comparable notice shall be prepared and
located to the satisfaction of the director of community development.
B.
At
the conclusion of the hearing on the application, the planning commission
shall approve, conditionally approve, or deny the tentative parcel
map. Such approval shall not constitute an approval of any exception
or deviation from any zoning standard or provision as set forth in
the zoning ordinance as to which a separate hearing in compliance
with Title 30 of this code shall be scheduled.
(Ord. 5683 § 6, 2009; Ord. 5803 § 70, 2013)
A.
No
tentative parcel map shall be approved which violates or would result
in a violation of or fails to comply with the Subdivision Map Act
or any other applicable law of this city or the State of California.
B.
In
addition, the planning commission may disapprove a tentative parcel
map, if after investigation it finds and determines that said map
does not provide such street or alley dedication or improvements or
fails to provide lot sizes, design, or configurations which closely
conform to the contiguous or nearby lots of the neighborhood or results
in a reorientation of a lot or parcel in such a manner as to be detrimental
to adjoining properties or the surrounding neighborhood.
(Ord. 5683 § 6, 2009)
A.
An
appeal from the determination of the planning commission relating
to a tentative parcel map or tentative tract map regarding a condominium
project of seven units or more may be filed within 10 days after the
action of the planning commission. An appeal from the determination
of the director of community development relating to a tentative tract
map regarding a condominium project of six or fewer units or a condominium
conversion may be filed within 10 days after the action of the director
of community development. Upon the filing of an appeal in accordance
with the procedure governing appeals, the city council shall set the
matter for hearing. All appeals shall be based on the subdivision
design which formed the basis of the determination by the planning
commission or the director of community development. The applicant/appellant
shall not be permitted to make substantial changes in the project
design in the areas which include, but are not limited to: property
lines, grading and street design. The city council retains the authority
to modify the project.
B.
On
appeal, the city council is not bound by the findings of the prior
approving body and will hear the matter de novo and make its own determinations
on any relevant testimony or documents produced before it. Any appeal
under this section shall include a notice of any hearing before the
city council which shall be sent by United States mail to the appellant,
the respondent, the subdivider and to such other persons as may have
an interest in the matter and have previously identified themselves
in connection therewith.
(Ord. 5683 § 6, 2009; Ord. 5803 § 71, 2013; Ord. 5818 § 13, 2013)
