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Home My WebLink AboutOrd 1032follows: URGENCY ORDINANCE NO, 1032 AN ORDINANCE AMENDING SECTIONS 26.04.010, 26.04.020, 26.08.010, 26.08.020, 26.08.030, 26.16.150 and 26.24.070, ADDING SECTIONS 26.04.021, 26.08.021 and 26.166.151, AND REPEAL- ING SECTION 26.24.090 OF THE MUNICIPAL CODE CONCERNING SUBDIVISIONS The City Council of the City of Burlingame does ordain as Section 1. Section 26. 04. 010 of the Municipal Code of the City of Burlingame is amended to read as follows: "26.04.010 Scope. The procedure for filing subdivision maps and regulating public improvements on lands designated on such maps shall be as provided in this title." Map Section 2. Section 26.04.020 of said Code is amended to read as follows: "26.04.020 'Nla.p act' defined. The term MAP ACT, as used in the following sections, .shall apply and refer to that certain act of the Legislature of the State of California en- titled the 'Subdivision Map Act' as the same is in effect as of March 1, 1975, and thereafter amended, and which appears in the Government Code of the State of California." Section 3 Section 26.04.021 is added to said Code to react as follows: "26.04.021 Section 4. Section 26.08, 010 Advisory agency. The Planning Commission shall constitute _Filing copies and one reproducible the 'advisory agency' whenever said term is used in the Map Act." of said Code is amended to read as folio*.vs: 26.08.OI0 tentative ma;;s. The subdivider shall file three _Filing copies and one reproducible tracing thereof of every tentative map with the city engineer." Section 5. Section 26.08.020 of said Code is amended to read: "26.08.020 Eearings on _tentative map by commission. Within fifty days after the tentative man hos -1- commission sr. all been filed, repot on the proposed subdivision and the shall. -1- recommend approval-, conditional approval, or disapproval and shall submit a report of its findings to the Council. A report as to conformity to the general plan, required pursuant to Section 65402 of the Government Code,may be included as part of and at the same time as the action taken by the Commission on such division of land. Such report is not required for a proposed subdivision which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street pur- poses; (2) acquisitions, disportions or abandonments for street widening; or (3) alignment projects, provided that the advisory agency expressly finds that any such dis- position for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature"' Section 6. Section 26.08.021 is added to said Code to read as follows: "26.OII.D21 Hearings on tentative map by Council. At its next regular meeting following the filing of the Commission's report the Council shall fix the hearing date at which the tentative map will be considered by it, which date shall be within thirty days thereafter. Notice shall be given to the subdivider at least five days before the hearing. At the hearing the Council shall hear testimony of the subdivider and witnesses in his behalf, and the testi- mony of representatives of the Commission and any witnesses in its behalf. The Council may also hear the testimony of any other competent persons. Testimony shall include matters respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of the improvements, the quality and kinds of development to which the area is best adapted, and any other phase of the matter into *which it may wish to inquire Upon conclusion of Each the hearing and within the thirty days after the hearing is fixed, the Council shall approve, conditionally approve, or disapprove the tentative or any map, and make such findings as are appropriate and not incon- sistent with the provisions of the Map Act or this title. or all of the time limits may be extended by mutual consent of the subdivider and the Commission or Council, as the case may be. If no action is taken within the time limits, or the time so extended, the tentative map shall be deemed approved and the clerk of the Council shall certify such approval." Section 7 read as follcws: "26.08.030 or conditional may survey the Section 26.08.030 of said Code is amended to Action upon final map. After the approval, approval, of the tentative map, the subd.iv d.%r subdivision or any part thereof, and. prepare -2- final map in accordance with the approved tentative map. He shall file the final map with the Council within ninety days after the approval of the tentative map. An exten Sion of ninety days may be granted by the Council upon application by the subdivider. The Council shall within ten days after the filing of the final map, or at its next regular meeting after the meeting at which it receives the map, whichever is later, consider the final map. If the final map then meets all of the requirements of the Map Act and of this Code, and the rulings of the commission and the Council, the Council shall then approve the final map. The Council shall at that time also accept or reject any or all offers of dedication, and shall, as a condition precedent to the acceptance of any streets or easements, require that the subdivider, at its option, either improve or agree to improve the streets and easements, install sanitary sewers, storm drainage systems, lighting systems, and water supply systems, all in accordance with standards established under this Code." Section 8. Section 26.16.150 of said Code is amended to read as follows: 11 26.16.150 Checking and endorsement of cit engineer. After receiving copies of the final map, the city engineer shall examine the map as to correctness of surveying data, mathematical data and computations, and all other matters as require checking, to insure compliance with the provi- sions of the Map Act and of this Code. If the final map is found to be in compliance, the city engineer shall endorse his approval thereon." Section 9. Section 26.16.151 is added to said Code to read as follows: "26.16.151 Fees and charges. For each subdivision including those escri e in Section 26.24.010 of this Code, an amount established by resolution of the Council shall be deposited with the city engineer when the tenta- tive map is filed. A charge for checking shall also be wade by the city engineer. The charge shall be sufficient to reimburse the City for all costs connected with such project. Such charges shall be included with the cost of engineering incidental to the subdivision improvements, if any. Any surety bonds required for faithful F shall not be released until all city engineering are paid." -3- Section 10. Section 26.24.070 of said Code is amended to read as follows: "26.24.070 Preparation and certification of final map. The final map shall be prepared in accordance with the requirements of Section 66445 of the Government Code of the State of California or as the code is subsequently amended. Certificates shall appear on the final map of the surveyor or civil engineer, of the city engineer and of all parties having any record title interest in the real property subdivided, as well as a form for the filing of the map by the county recorder, all as provided in the Code. Failure to file the final map with the County Recorder within one hundred eighty days from the approval of such map shall terminate all proceedings. Any subdivision of the same land shall require the filing of a new map. Said filing date may be extended by mutual agreement of the subdivider and the Council." Section 71. Urgency Clause. The immediate preservation of the public -safety, health and welfare requires the adoption of this ordinance as an urgency measure. The (fact constituting the need for such action is that Chapter 1536 became opera- tive on March 1, 1975. This statute is a comprehensive revision of the Subdivision Map Act and contains numerous procedural changes along with some substantive changes. The state act is necessary to regulate and control the design and improvement of subdivisions throughout the State of California. Development in California is an ever continuing process and it is necessary for the cities to keep current and implement necessary provisions of the state law. In order that the city's ordinance implementing the state law can take I effect and become operative approximately at the same time as the state law, !it is necessary that the effective dates coincide. Therefore, this ordinance lis declared to be an ordinance adopted as an urgency measure and is to be keffective March 3, 1975. Section 12. This ordinance shall be published as required by �GJC7hey, _ Mayor -4- _ I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was intro- ducedand adopted at a regular meeting of the City Council held on the 3rd day of March, 1975, by the following four-fifths eote: AYES: COUNCILMEN: AiriStYUp—CiOSby-C1151Ck-HarrisOn- ' Mangini NOES:: COUNCILMEN: None 113SENT: COUNCILMEN: NOne �,. // Herbert K. White, Clerk -5-