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Home My WebLink About73 - Regulations for Subdivisions of Land (Amending ORD 46)aDINANCE NO. 73 All ORDINANCE OF THE CITY OF COSTA MESA AMENDING ARTICLE VI OF ORDINANCE NO. 46, BEING ENTITLED "AN ORDINANCE PROVIDING REGULATIONS FOR SUBDIVISIONS OF LAND IN THE CITY` -.+F COSTA MMESSA, CALIFORNIA, AND FOR THE PREPARATION AND PRESENTATION OF MAPS THEREOF, AND PRESCRIBING PENALTIES FOR ITS VIOLATION". The City Council of the City of Costa Mesa does ordain as fellows: Section 1, Article VI cf Ordinance No. 46, is hereby amended to read as followst ARTICLE VI SUBDIVISIONS OF FEWER THAN FIVE LATS WHERE NO STREETS INVOLVED SECTION 1, COPIES OF PROPOSED MAP TO BE FILED WITH CITY PLANNING COMMISSION. Every person desiring to subdivide a piece of land into two, three or four separate lots or parcels where no propysed streets, alleys, lanes, parks, courts, squares, places, or parking lots are proposed, and not covered by the vrovisions of Article Y, shall first file with the Planning Commission zix signed, legible conies of a map thereof on sheets of paper prescribed by the Planning Commissiwn, SECTION 2. EXAMINATIONt APPROVAL. On receipt of such map, the City Planning C=mission shall forthwith examine the same to ascertain whether • or not it shall have ¢implied mi.th all cf the requirements cf this Ordinance and all other ordinances of the City. In the event the Planning Commission shall find that such map erdmplies with all legal requirements, it shall forthwith approve such map. SECTION 3. FILING MAP XM APPROVED. In the event of the approval by the City Planning Commission of such map, the City Planning Commission shall forthwith notify, by mail, the person having filed such map; the City Planning Commission shall indicate such approval by its signature on the face thereof, aNd shall forthwith deliver, in person or by mail, for filing, one copy cf such map to each of the followings City Building Inspect6or, City Assessor, both of said City, and the County Assessor of Orange County. The City Planning Commission shall retain one copy thereof, and file such copy in its office. -1- 1-4 SECTION 4. REQUIREMENTS OF IMPROVEONTS. Where no curbs or gutters exist, the Planning Commission may require the construction of curbs and gutters and other improvements whenever it finds that such improvements are necessary or desirable to make the property conform to the surrounding neighborhood. SECTION 5. BOND REQUIRED. Whenever the Planning Commission, pursuant to the foregoing section, requires curbs, gutters, or other improvements to be made, no building permit shall be issued by the Building Department until such improvements are constructed and approved, or until a personal under- taking is furnished to the City, executed by two property owners guaranteeing that such improvements shall be constructed within the time allowed by the Planning Commission. SECTION 6. RECORDING NOT REQUIRED. It shall not be necessary to record such map or any portion thereof. SECTION 7. REJECTION OR MODIFICATION BY PLANNING COMMISSION. In the event the City Manning Commission shall have found that such map does not oo mply with all legal requirements, it shall reject such map or order its modification to conform to all regal requirements. In the event of such rejection or order for modification, the City Planning Commission shall forthwith notify, by mail, the person filing such map of its action with reference thereto. In the event the Planning Commission shall have found that a modification of such map is necessary, the applicant may then amend or modify such map and the copies thereof to conform with such order of the Planning Commission, or prepare a new map and file :,jix copies thereof with the Planning Commission in the form and manner required by the Planning Commission, SECTION 8. APPEAL FOR ORDER OF N mic:ATION OR REJECTION. LIMITATION. In the event such map shall have been ordered modified by the City Planning Commission and the person filing the map shall not have modified it in accord- ance with such order, or in the event such map may have been rejected by the Planning Commission, the applicant may file an appeal, in writing, from the -2- decision cf the City Planning Commission, with the City Council, Within thirty (30) days after the mailing or derdAl cf such order for modification or such rejection. In the event such appeal be not filed within such thirty (30) day period, the application to file such map shall be deemed denied. SECTION 9, NOTICE OF HEARING BY CITY COUNCIL. In the event cf such appeal to the City Cauncil, the City Clerk shall, upon receipt of the Notice of Appeal, set the same for hearing at the next regular meeting of the City Council, provided such next regular meeting is not less than five days after the filing of such appeal, and izuediately upon setting the date for said hearing before the City Council, the City Clerk shall notify the applicant, by mail, of the time and place of such hearing. SECTION 10, HEARING BY CITY COUNCIL. FINDINGS. DECISION FINAL. The Council, at its regular meeting, shall hear such evidence as may be intro- duced, and make findings thereon. If the Council shall have found, from such evidence, that such map complies with all the aforesaid legal requirements, it must order the City Planning Commission to signify its approval on the face thereof, in which ¢ase the City Planning Commission must so signify its approval. If the Council shall have found that such map does not conform with such legal requirements, it must order its modification so to conform, or its rejection. The findings and action thereon of the Council shall be final and conclusive. SECTION 11.,, FILING MAP ON APPROVAL. In the event of approval of such map by the Council, the City Clerk shall forthwith notify the applicant, by mail, and shall forthwith deliver, in person or by mail, for filing, one copy of such map to each of the following: City Planning Commission, City Building Inspector, and City Assessor, all of said City, and the County Assessor of Orange County. -3- 1-9 SECTION 12. ORDER OF REJECTION BY CITY COUNCIL. In the event of rejection Qr modification of such map by the Council, said City Clerk shall forthwith notify the applicant by mail. In the event modification has been ordered by the Council, such applicant may thereupon amend or modify such map in accordance with the action of the Council, or prepare a new map, and file six-- copies thereof with the City Planning CommissiGn as hereinbefore provided. The same procedure herein- before ;provided with reference to the filing, approval, rejection, or modifica- tion of the original map shall be followed with reference to such amended, modified, or new map. SECTION 13. ENACTMENT, This Ordinance shall take effect and be in full force thirty (30) days from and after its passage; and prior to the expiration of fifteen (15) days from the passage thereof, this Ordinance, together with the names of the members-ef the City Council voting for and against the same, shall be published once in the Costa Mesa Globe Herald, a newspaper printed in the City of Costa Mesa. PASSED and adopted this sixth day of December, 1954. May3ff-of- the City of. Costa Mee& ATTEST: v City Clerk Qf the City os a Mesa STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF COSTA MESA. I, A. C. SWARTZ, City Clerk and ex-effieie Clerk of the City Ceuncil of the City Council wf the City of Costa Mesa, do hereby certify that at a regular meeting (.)f the City Council of the Pity of Costa Mesa, held en the 6th day of December, 1954, the foregoing Ordinance was considered section by section, and that said Ordinance was then passed and adepted as a whole by the following W te: AYES: Councilmen Martin, Nelson, Pinkley, Smith and Teldi.nkle. NOES: None ABSENT: Ncne IN WITNESS 'WHEREOF I havQ hereunto set my hand and affixed the Qtficial seal of the City of Costa Mesa this 15th day of December 1954. A. C. Swartz, City C e and ex-offie c Clerk of the City Council of the City of Costa Mesa -4-