HomeMy WebLinkAboutOrd 629 ORDINANCE NO. 629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY, AMENDING SECTIONS 1.2(A),
6.5(A), 6.6, 6.7, 7.1(A), 7.1(G), 8.4(A), 8.4(B), AND 9.1 OF
RIVERSIDE COUNTY LAND DIVISION ORDINANCE
NUMBER 460, ADOPTED BY REFERENCE BYTHE CITY
OF CATHEDRAL CITY BY ORDINANCE NUMBER 12,
RELATING TO THE DISCRETION OF THE "ADVISORY
AGENCY" FOR APPROVAL OF LAND DIVISION
TENTATIVE MAPS.
THE CITY COUNCIL FOR THE CITY OF C ATHEDRAL CITY ADOPTED ORDINANCE
No. 629 AMENDING AMENDING SECTIONS 1.2(A), 6.5(A), 6.6, 6.7, 7.1(A), 7.1(G),
8.4(A), 8.4(B), AND 9.1 OF RIVERSIDE COUNTY LAND DIVISION ORDINANCE
NUMBER 460, ADOPTED BY REFERENCE BYTHE CITY OF CATHEDRAL CITY BY
ORDINANCE NUMBER 12, RELATING TO THE DISCRETION OF THE "ADVISORY
AGENCY" FOR APPROVAL OF LAND DIVISION TENTATIVE MAPS. THE FULL TEXT
OF THE CERTIFIED COPY OF THE ORDINANCE ALONG WITH THE NAMES OF THE
CITY COUNCIL MEMBERS VOTING FOR AND AGAINST THE ORDINANCE CAN BE
VIEWED IN ITS ENTIRETY BY APPOINTMENT IN THE OFFICE OF THE CITY CLERK
IN THE CITY OF CATHEDRAL CITY BY CALLING DEPUTY CITY CLERK, DARYL
BETANCUR AT 760-770-0322.
I HEREBY CERTIFY that at regular meeting of the City Council of said City held
on October 25TH, 2006 the foregoing ordinance consisting of seven (7) sections
was adopted by the following vote:
AYES: Council members England, Marchand, Vasquez, Mayor Pro Tern Pettis
and Mayor DeRosa
NOES: 0
ABSTAIN: 0
ABSENT: 0
DATED: November 2nd, 2006
PAT HAMMERS: CMC, City Clerk
By: DARYL BETANCUR: CMC, Deputy City Clerk
hereby certify, under penalty of errj ry, that
the foregoing copy of Ordinance No.-� ,F--was
duly adopted by the City Council for the City of
Cathedral Cit ronceetingtria, in a� ���r 20
and that same was posted fn at least.the three
public places specified for such posting, by the
said City Council.
DCxil
'" City Clerk
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ORDINANCE NO. Z�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY AMENDING SECTIONS 1.2(A), 6.5(A), 6.6, 6.7, 7.1(A), 7.1(G), 8.4(A),
8.4(B), AND 9.1 OF RIVERSIDE COUNTY LAND DIVISION ORDINANCE
NUMBER 460, ADOPTED BY REFERENCE BY THE CITY OF CATHEDRAL
CITY BY ORDINANCE NUMBER 12, RELATING TO THE DISCRETION OF
THE "ADVISORY AGENCY" FOR APPROVAL OF LAND DIVISION
TENTATIVE MAPS
WHEREAS, on February 3, 1982, the City Council of the City of Cathedral
City (the "City") adopted Ordinance No. 12, which thereby adopted by reference
County of Riverside Ordinance Number 460, providing regulations for the division
of land (the "Land Division Ordinance"); and
WHEREAS, the City Council of the City finds that the Land Division
Ordinance requires the City Council to be the final approving body of all land
division maps except for tentative parcel maps, which are approved by the City's
Planning Commission; and
WHEREAS, the Subdivision Map Act, set forth in California Government
Code Section 66410 et seq. allows a city a certain amount of flexibility in
enacting local subdivision ordinances and permits the City, by Ordinance, to
designate the Planning Commission as the final approval authority on both
tentative subdivision (i.e. tract) maps and tentative parcel maps with an appeal
process to the City Council; and
WHEREAS, the City Council of the City finds that amending the Land
Division Ordinance to designate the City's Planning Commission as the final
approval authority with an appeal process to the City Council on all land division
"tentative" maps will streamline the City's processing of tentative maps and make
the City's review and approval process of these maps more efficient for the
benefit of the public; and
WHEREAS, the City Council of the City finds that amending the Land
Division Ordinance relating to the discretion of the "advisory agency" for approval
of land division tentative maps will preserve the public health, safety and welfare
of all residents and visitors of the City; and
WHEREAS, the City Council of the City hereby desires to amend the Land
Division Ordinance for the purpose of designating the City's Planning
Commission as the final approval authority with an appeal process to the City
Council on all tentative subdivision maps and tentative parcel maps, while
maintaining the final approval authority of all final maps with the City Council.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. PURPOSE.
A. This Ordinance amends certain sections of the County of Riverside
Ordinance Number 460, which was adopted by reference by the City on February
3, 1982 by Ordinance Number 12, for the purpose of streamlining the City's
processing of land division tentative maps.
B. This Ordinance declares the City's Planning Commission as the Advisory
Agency and designates the authority to the Advisory Agency to approve,
conditionally approve or deny all land division tentative subdivision (tract) maps
and tentative parcel maps, while maintaining the final approval authority of all
final maps with the City Council.
Section 2. AMENDMENTS TO RIVERSIDE COUNTY LAND DIVISION
ORDINANCE NUMBER 460, ADOPTED BY REFERENCE BY THE CITY OF
CATHEDRAL CITY BY ORDINANCE NUMBER 12.
A. Section 1.2(A) of Riverside County Ordinance Number 460 shall
hereby be amended in its entirety and shall read as follows.
1.2(A) . The Cathedral City Planning Commission is hereby deemed
the "Advisory Agency," pursuant to the Subdivision Map Act. On all tentative
subdivision maps and tentative parcel maps, the Advisory Agency shall have the
authority to approve, approve with conditions, or deny such tentative subdivision
and tentative parcel maps and shall report such actions directly to the land
divider. Any aggrieved person may appeal the decision of the Advisory Agency
to the City Council pursuant to 2.04.100 et seq. of the Cathedral City Municipal
Code.
B. Section 6.5(A) of Riverside County Ordinance Number 460 shall
hereby be amended in its entirety and shall read as follows.
6.5(A). Within fifty (50) days after the date of actual filing of a
tentative parcel map or a tentative subdivision map, the Advisory Agency shall
file a written report approving, approving with conditions, or denying the tentative
subdivision map or the tentative parcel map, and report its actions directly to the
land divider. Any aggrieved person may appeal the decision of the Advisory
Agency to the City Council pursuant to 2.04.100 et seq. of the Cathedral City
Municipal Code.
C. Section 6.6 of Riverside County Ordinance Number 460 shall hereby
be re-titled and amended in its entirety and shall read as follows.
Section 6.6 CONSIDERATION OF TENTATIVE SUBDIVISION MAPS AND
TENTATIVE PARCEL MAPS
6.6. The Advisory Agency shall approve, conditionally approve, or deny
tentative subdivision maps and tentative parcel maps and the City Council shall
conduct any appeals therefrom in accordance with the time limits set forth in the
Subdivision Map Act.
D. Section 6.7 of Riverside County Ordinance Number 460 shall hereby
be amended in its entirety to read as follows.
6.7. The Advisory Agency is authorized to directly approve, approve
with conditions or deny tentative subdivision maps and tentative parcel maps.
Any aggrieved person may appeal the decision of the Advisory Agency to the
City Council pursuant to 2.04.100 et seq. of the Cathedral City Municipal Code.
E. Section 7.1(A) of Riverside County Ordinance Number 460 shall
hereby be amended in part and shall read as follows.
7.1(A). A tentative subdivision map or a tentative parcel map shall
be denied by the Advisory Agency if the map does not meet all of the
requirements of this Ordinance, or if the Advisory Agency makes the following
findings:
F. Section 7.1(G) of Riverside County Ordinance Number 460 shall
be amended in its entirety and shall read as follows.
7.1(G). That the design of the proposed land division 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 land division. The
Advisory Agency may approve a land division if it finds that alternate easements
for access or for use will be provided and that they 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 judgment of a Court of
competent jurisdiction.
G. Section 8.4(A) of Riverside County Ordinance Number 460 shall
be amended in its entirety and shall read as follows.
8.4(A). Approved or conditionally approved tentative subdivision
maps and tentative parcel maps shall expire pursuant to Government Code
section 66452.6 unless, within that period of time, a final map shall have been
approved and recorded with the County Record's Office. Prior to the expiration
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date, the land divider may apply in writing for an extension of the time period.
The application shall be made to the City Planner at least thirty (30) days prior to
the expiration date of the tentative map. The City Planner shall present the
matter to the Advisory Agency, which shall approve, deny, or conditionally
approve the extension of the time period of the map. The Advisory Agency may
extend the period for one year and, on further application before expiration
thereof, may further extend it for a second year. Any aggrieved person may
appeal the decision of the Advisory Agency to the City Council pursuant to
2.04.100 et seq. of the Cathedral City Municipal Code.
H. Section 8.4(B) of Riverside County Ordinance Number 460 shall
hereby be deleted in its entirety.
I. Section 9.1 of Riverside County Ordinance Number 460 shall hereby
be amended in its entirety and shall read as follows.
9.1 . After approval or conditional approval of the tentative map by
the Advisory Agency, and prior to the expiration of such map, the subdivider may
cause the real property included within the map, or any part thereof, to be
surveyed and a final map thereof prepared in accordance with the approved or
conditionally approved tentative map.
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences or words
of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code as heretofore
adopted that are in conflict with the provisions of this ordinance are hereby
repealed.
Section 5. EFFECTIVE DATE
This ordinance shall take effect thirty (3
0) days after its second reading by
the City Council.
Section 6. POSTING
The City Clerk shall within 15 days after passage of this Ordinance, cause
it to be posted in at least three (3) designated public places; shall certify to the
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adoption and posting of this Ordinance; and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of
Ordinances of this City.
Section 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the
City Council held on Oco./> / is-7* , 2006 by the following vote:
Ayes: 5
Noes:
Abstain: y4
Absent: fG
4-- •-
K , -I-en J. De 'osa, Mayor
ATTE T: APPROVED AS TO CONTENT:
/fi-4
Pat Hammers, City Clerk Julie Baumer,
Deputy City Manager
APPROVED AS TO FORM:
Charles R. Green, City Attorney
Reviewed by:
( nDonald E. Bradley ity Manager
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