Ordinance Number 256ORDINANCE N0. 2SC
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AMENDING ORDINANCE NO. 56
AND REPEALING ALL ORDINANCES IN CONFLICT WITH
SAID AMENDMENT,
THE CITY COUNCIL OF THE CITY 01' SAN JUAN CAPISTRANO DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 4.06, consisting of subsections A
and B, inc usive, is rescinded and the following substituted therefor:
SECTION 4.06 PROCEDURE.
SUBDIVISION OF FOUR OR LESS LOTS.
1. COMPLIANCE FOR FILING. Each map shall be reviewed
by the Secretary to the Planning Commission prior to
the acceptance thereof. When it is found by him
that the requirements for filing have been fully met,
he shall forthwith refer it to the Commission for
action.
2. COMMISSION ACTION. The Commission shall within
fifty (50) days after receipt of such map approve,
conditionally approve, or disapprove the map by
majority vote of the membership present.
3. EXTENSION OF TIME. The time limit for acting and
reporting on the map may be extended upon mutual
consent of the person filing such map and the
Commission. Such time limit extension shall be for
a period of not to exceed sixty (60) days unless a
longer period of time is specifically consented to
by the Commission.
4. COMMISSION APPROVAL. In the event the Commission
finds that the map complies with the Statutes of the
State and with this and all ordinances and resolu-
tions of the City it shall approve the map and
signify its action on the face thereof by appropriate
stamp and the signature of the Commission chairman.
5. COMMISSION DISAPPROVAL. In the event the Commission
finds that the map cannot be made to complywith
the requirements of this Ordinance it shall disap-
prove the map and signify its action in the same
manner as hereinbefore provided.
6. COMMISSION CONDITIONAL APPROVAL. The Commission may
conditionally approve the map when it finds that
substantial compliance with the requirements of this
Ordinance can reasonably be met. When such map is
conditionally approved by the Commission, it shall
signify its action in the same manner as hereinbefore
provided and attach the conditions pertaining thereto.
7. NOTIFICATION BY PLANNING COMMISSION. When such a
Map is approved, conditionally approved, or dis-
approved by the City Planning Commission, the Plan-
ning Director shall forthwith deliver in person or
by mail a copy of such action to the person having
filed the Map. Such action by the Planning Commis-
siqn shall become final in the absence of an appeal.
Copies of the action shall be delivered to the
various City Departments and the Superintendent of
Building and Safety. The City planning Commission
shall retain the original copy and it shall be filed
in the files of the City Clerk.
APPEAL TO COUNCIL. If any member of the City Council,
or any person filing a Map, is dissatisfied with any
action of the Planning Commission withrespect to
the Map, or the kinds, nature and extent of the
improvements recommended by the Planning Commission
to be required, he may, within fifteen (15) days
after such action, appeal in writing to the City
Council for relief or reconsideration, stating the
basis for his appeal. Such appeal shall be accom-
„a:iad by a -y b -La tinting information nec:,ssa_y
to show any subsequent change of conditions occurring
since the date of Commission action. Said appeal
shall be filed with the City Clerk and, in the case
of a subdivider, a Twenty --Five Dollar ($25) fee paid;
no fee shall be paid should a member of the City
Council appeal the action of the Planning Commission.
After filing the appeal with the City Clerk, the
City Council shall 'near the appeal within fifteen (15)
days or at its next succeeding regular meeting, unless
the subdivider consents to a continuance, and shall
give notice of such hearing to the subdivider and
the Planning Commission. The City Council shall hear
the argument of the subdivider and the Planning
Commission, or of their representatives, and may
receive documents from or hear the testimony of any
competent person respecting the character of the
neighborhood in which the subdivision is to be
located, the kinds, nature and extent of improve-
ments, the quality of kinds of development to which
the area is best adapted and any other phase of the
matter with respect to which it may desire to in-
quire into. Upon conclusion of the hearing the
City Council shall, within seven (7) days, declare
its findings based upon the testimony and documents
produced before it or before the Planning Commission.
It may sustain, modify, reject or overrule any
recommendations or rulings of the Planning Commission
and may make such findings as are not inconsistent
with the porvisions of the State Subdivision Map Act
and any applicable local ordinance.
B. SUBDIVISION OF FIVE OR MORE LOTS.
The tentative map shall be prepared in accordance
with the "Subdivision Map Act" and the provisions
of this ordinance, and shall be filed with and
reviewed by the Secretary to the Planning Commission
prior to the acceptance thereof. When it is found
by him that the requirements for filing have been
fully met, he shall forthwith refer it to the Plan-
ning Commission for action.
PLANNING COMMISSION ACTION. Within fifty (50) days
or any extension thereof after a tentative map has
been accepted, the Planning Commission shall approve,
conditionally approve, or disapprove of the map or
maps of the proposed subdivision. An official copy
of the Planning Commissions's action shall be filed
with the subdivider, or his representative, and to
the Real Estate Commissioner of the State.
APPEAL TO COUNCIL. If any member of the City Council,
or any person filing a Map, is dissatisfied with any
action of the Planning Commission with respect to
the Map, or the kinds, nature and extent of the
improvements recommended by the Planning Commission
to be required, he may, within fifteen (15) days
after such action, appeal in writing to the City
Council for relief or reconsideration, stating the
basis for his appeal. Such appeal snall be accom-
panied by any substantiating information necessary
to show any subsequent change of conditions occurring
since the date of Commission action. Said appeal
shall be filed with the City Clerk and, in the case
of a subdivider, a Fifty Dollar ($50) fee paid;
no fee shall be paid should a member of the City
Council appeal the action of the Planning Commission.
After filing the appeal with the City Clerk, the
City Council shall hear the appeal within fifteen (15)
7.:
days or at its next succeeding regular meeting, unless
the subdivider consents to a continuance, and shall
give notice of such hearing to the subdivider and
the Planning Commission. The City Council shall hear
the argument of the subdivider and the Planning
Commission, or of their representatives, and may
re—ive documents from or the testimony -° ary
competent person respecting the character of the
neighborhood in which the subdivision is to be
located, the kinds, nature and extent of improve-
ments, the quality of kinds of development to which
the area is best adapted and any other phase of the
matter with respect to which it may desire to in-
quire into. Upon conclusion of the hearing the
Ctiy Council shall, within seven (7) days, declare
its findings based upon the testimony and documents
produced before it or before the Planning Commission.
It may sustain, modify, reject or overrule any
recommendations or rulings of the Planning Commission
and may make such findings as are not inconsistent
with the provisions of the State Subdivision Map Act
and any applicable local ordinance.
REVISED TENTATIVE MAPS, Any revised tentative map
or portion thereof filed as a condition of approval
or otherwise shall comply with the requirements in
effect at the time such revised map is considered
by the Planning Commission, Such revised tentative
map or portion thereof shall show all of the infor-
mation and requirements of sections of this ordinance
insofar as any changes that may have been made
therein, The approval by the Planning Commission
or City Council, as the case may be, of any revised
tentative map shall annul all previous designs
thereof.
TIME EXTENSION OF ACTING ON TENTATIVE MAPS. The
time limit for acting and reporting on a tentative
map may be extended upon mutual consent of the Sub-
divider and the Planning Commission. Such time
limit extension shall be for a period of not to
exceed sixty (60) days unless a longer period of
time is specifically consented to by the Planning
Commission,
6, TIME EXTENSION OF APPROVED TENTATIVE MAPS, The
Planning Commission may approve an extension of
time beyond the eighteen (18) months allowed by the
Subdivision Map Act for the recording of a final
tract map. Any application of a subdivider for
such extension of time shall be made in writing to
the Commission not less than thirty (30) days prior
the expiration of the eighteen (18) months allow-
ed. In granting such extension of time, the Commis-
sion may require compliance with requirements in
effect at the time such extension is considered.
7. WITHDRAWAL OF TENTATIVE MAPS. Any subdivider or
record owner of property upon which a tentative
map has been filed may withdraw such map at any
time prior to the action thereon by the Planning
Commission. Notice of such withdrawal shall be
made to the Commission in writing. Upon receipt
of such notice, the Commission shall notify each
officer, department, municipality, district or agency
from which a report was requested when the tentative
map was filed. Upon the completion of such notifi-
cation by the Commission, the tentative map shall
have officially withdrawn. No refund in filing fee
for any such map withdrawn shall be made.
Section 2. The City Clerk shall certify to the adoption of
this Ordinance andcausethe same to be published once in -a newspaper
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of general circulation in the City of San Juan Canistrano within
fifteen (15) days following the passage thereof.
PASSED, APPROVED, AND ADOPTED this 14thday of January
1974, by the following vote, to wit:
AYES: COUNCILMEN: HYRtir7S, GA14.'1ELL, CIIER4AK, THnRPE
and OZATHEaS
NOES: COUNCILMEN: Hone
ABSENT: COUNCILMEN: done
oy L Byrne sl, M.D., Mayor of the
City of San Juan Capistrano
STAA OF CALIFORNIA )
UNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTR_ANO )
I, Jo Bennitt, City Clerk of the City of San Juan
Capistrano, hereby certify that the foregoing Ordinance No.
is a true and correct copy adopted by the City Council on January 14,
1974.
Introduced: January 7, 1974
Adopted : January 14, 1974
Effective : February 14,1974
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City Clerk