The provisions of this section shall apply to the processing of lot splits.
A. Filing: All applications for lot splits shall be filed, together with a tentative map therefor, with the city engineer, on forms provided by him for such purposes; and
B. Fees: Prior to processing any application for a lot split, the applicant shall pay to the city treasurer such fees as may be required by resolution of the city council pertaining to the same; and
C. Staff Review: The planning director shall circulate the application for a lot split, together with the tentative map relating thereto, to affected city departments for review and comment. The planning director shall be responsible for preparing an appropriate staff report for submission to the planning commission, which shall include all other relevant departmental comments relating to the proposed lot split. Such staff report shall be transmitted to the planning commission and to the applicant for review and consideration; and
D. Planning Commission Action: Where the planning commission finds that any of the lots proposed to be created would not comply with applicable provisions of this code, or if it finds that any facts exist which would, pursuant to the act, be a basis for denying a subdivision, it shall deny said application.
Where the commission finds that the lots proposed to be created will comply with the said code, but that certain improvements and/or dedications are required to properly service a lot proposed to be created, the planning commission shall approve the lot split application conditionally, so as to ensure that all such improvements and/or dedications will be constructed in accordance with the city's standards therefor.
The action of the planning commission upon a lot split application shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinafter set forth; and
E. Appeal Of Planning Commission Decision: Any interested person may appeal the action of the planning commission with reference to a lot split application by filing a written letter of appeal with the city clerk, describing therein the basis for such appeal; the city clerk shall not accept such a letter of appeal unless a filing and processing fee, as set by city council resolution, has been paid, and such letter of appeal is filed with the clerk within not to exceed fifteen (15) calendar days following the planning commission's action. Upon receipt of a timely filed appeal, the city clerk shall place the matter on the city council's agenda at its next most convenient meeting.
At the time that such appeal is reviewed by the city council, it shall herein consider the application, the staff report and all other relevant evidence presented by the applicant or any other interested person concerning such lot split. Thereafter, the city council shall take one of the following courses of action:
1. If it finds that the lots proposed to be created will not comply with all applicable provisions of this code, including, but not limited to, the zoning regulations, or, if it finds that any facts exist which would, pursuant to the act, be a basis for disapproving a subdivision, it shall deny such application; or
2. If it shall find that the lots proposed to be created will meet the provisions of said code, but that improvements and/or dedications are required, it shall conditionally approve such application in such manner as is necessary to ensure construction of such improvement and/or dedications and to guarantee that prior to the filing of the final map the same will be constructed or guaranteed in an appropriate manner; or
3. If it finds that the lot proposed to be created will meet the requirements of said code, and that no dedication or improvements are required, it shall approve the tentative map. All actions of the city council shall be final and conclusive. (1960 Code)