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O1107 council Mtg. 10-24-78 ORDINANCE NO. 1107CCS AN ORDINANCE AMENDING CHAPTER 3 OF ARTICLE IX OF THE SANTA MONICA . MUNICIPAL CODE TO ESTABLISH PARCEL MAP PROCEDURES SECTION 1. Sections 9302, and 9302A through and including 9302H of Chapter 3, Article IX of the Santa Monica Municipal Code are hereby deleted in their entirety and the following new Section 9302, is hereby substituted therefor: "Section 9302. DEFINITIONS. For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: '~Block is a tract of land within a subdivision entirely bounded by streets ,highways or ways', except alleys; Q.r by et.rQ8tE:\l.::lYS~ or WElYs, OXCQpt al~e~and the, exterior boundary or boundaries of the subdivision.'!- Whenever any words or phrases as used in this Chapter are not defined herein but. are 'defined in Article IX of this Cbde o~ in the Subdivision Map Act as last amended, such definitions are incorporated herein and are deemed to apply as though set forth in this Chapter." _1_ SECTION 2. Section 9303 of Chapter 3, Article IX of the Santa Monica Municipal Code is hereby amended to read as follows: "Section 9303. Designation of Advisory Agency and Appeal ~?ard. , A. Advisory Agency 1) Tentative'Maps~ The Planning Commission of the City of Santa Monica shall constitute the "advisory agency" for tentative maps, with authority to approve, con- ditionally approve or disapprove said maps. 2) Parcel Maps. The Zoning Administrator of the City of Santa Monica shall constitute the "advisory agency" for parcel maps, with authotity t~ approve, condi- tionally approve or disapprove said maps. B.Appeal Board The Planning Cornmissionof the City of Santa Monica shall constitute the "appeal board" for parcel maps, with the duty of hearing and making determinations upon appeals with respect to decisions of the Zoning Administra- tor with respect to waiver approval"conditional approval or dis- approval of parcel maps." SECTION 3. A new Section 9303A is hereby added to Chapter 3, Article IX of the Santa Monica Municipal Code to read as follows: "Section 9303A Parcel Map Procedures. "A parcel map shall be filed and recorded for any subdivision. . for..which .. a ..~ tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than 30 days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the Zoning Administrator based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Such maps shall meet all the requirements of the Subdivision Map Act and of this Code and shall show all dedications or offers of dedication theron. The Zoning Administrator may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map. When a parcel map is required by this Code, a tentative parcel map shall first be filed with the Zoning Administrator. Said map shall meet all the requirements and be processed by the Zoning Administrator according to the procedures established for tentative maps provided by the Subdivision Map Act and this Code. The Zoning Administrator or Planning Commissio~or City Council on appeal, may waive any of the requirements of this , ~ J.~, . "~ '\ ");' ~.. 4-1 \.'11 "as are deemed necessary. " Chapter or the Subdivision Map Act (with regard to the form and size and design standards) upon a finding that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. The Zoning Ad~inistrator, Planning Commission or City Council may require such drawings, data or other information Where a parcel map is required, the decisions of the Zoning Administrator approving, conditionally approving or disapproving a tentative or final parcel map are appealable to the Commission and, therefrom, to the City Council, pur- suant to the provisions and limitations of Section 66474.7 of the California Government Code. Said decisions are appealable ~ ~' " -~ t'....'. ~: ~'.- "Section 9303B. "', by the subdivider or any interested person and said appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5 of the California Government Code. II SECTION 4. A new Section 9303B is hereby added to Chapter 3, Article IX of the Santa Monica Municipal to read . as. ',follows: Waiver of Parcel Map Requirements ~, ' No ,parcel. map ne"ed be" flIed or recorded, " whenever the Zoning Admin~stra,torfinqs that t~e proposed division of land meets all city requirements as to 1) area, 2) improvement and design, 3) flood water drainage control, _A_ 4) appropriate improved public roads,S) sanitary disposal facilities, 6) \'-rater supplyavailahility, 7) environmental protection, 8) all other r~quirements of the Subdivision Map Act and any applicable provisions of this Code. To this end, the subdivider shall file a tentative map, dra\vings and such other information on any of the fore- going subjects as may be required by the Zoning Administra- tor. Drid~cation~ or offers of dedication shall be made by deed. .t- The decision of the Zoning Administrator granting or denying an application for \vaiver of the requirement for a parcel map be appealed to the Planning Commission by the Sub-" divider or any interested person adversely affected. Any such appeal shall be filed with the Zoning Administrator within 15 days after the action from which the appeal is being taken. The Ptanning Commission shal hear the appeal and render its decisions within 30 days after the date of ~iling the appeal or at its next regular meeting, whichever is later." 3 SECTION 5. A new Section 9103C is hereby added to Chapter 3, Article IX of the Santa Honica Hunicipal Code to read as follmvs: .. C, "Sec~ion 9303. Certificate df Consent for Parcel Maps; Exceptions. A certificate, signed and acknowledged by all parties having any record title interest in the real property, sub- divided, consenting to the preparation and recordation of SECTION 7. I~,ar:Y section, subsec;;tion, sentence, "'-. .... the parcel map is required, except as follows: a) When the exceptions delineated in Section 66346 of the California Government Code apply; or b) ~'li th respect to division of land into four fewer parcels, where dedications or offers of dedication are not required, the certificate shall be signed and acknowledged by the sub- divider only; or c) With respect to a parcel map encolnpassing property which is the subject of an eminent do~ main action filed by a public agency, the sig- nature of any record t~tle owner of the real property interest subject to said action filed, shall not be required. II SECTION 6. Any provisions of the panta Monica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further are, hereby repealed or modified to that extent necessary to the provisions of this ordinance. <~ clause or phLase.bf this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect "the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, clause or pprase not declared invalid or unconstitutional Hithout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8 . The Jiayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once ln " the official newspaper within fifteen (15) days after its adoption. The ordinance shall become effective after thirty (30) days from its adoption. ADOPTED AND APPROVED this 14th day of November 1978. ~.__0-.~L HAYOR ATTEST: ~. ~ (;) Y LERK . . STATE OF CALIFORNIA COUnTY OF La,S ANGELES CITY OF SAHTA MONICA ) ) ) 58. -7-., l";'_<. I do hereby certify that the foregoing ordinance was duly and regularly introduced at a Qeeting of the City , 1978; that thereafter Council on the 24 th day of Oct0ber the said ordinance was duly adopted at a meeting of the City Council on the l4tluay of November the follrn~ing vote of the Council: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: 1978; by Bambrick, Reed, Scott Trives, van den . Steenhoven and Mayor Pro Tempore Cohen None Mayor Donna O'Brien Swink ~y~Iu~~ AS TO FORH: