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O 502 C.S. . > ., , ORDINANCE NO. 502 C.S. AN qRDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING THE CITY ENGINEER AS THE OFFICIAL WITH THE AUTHORITY TO APPROVE FINAL SUBDIVISION MAPS, ACCEPT RELATED OFFERS OF DEDICATION, AND ENTER INTO AGREEMENTS TO COMPLETE SUBDIVISION IMPROVEMENTS, AND AMENDING RELATED SECTIONS OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: STATUTORY AUTHORIZATION: The legislature of the State of California has, in Government Code Sections 66458, 66462, and 66477.1, provided that legislative bodies may designate an official with the authority to approve or disapprove final subdivision maps, accept, accept subject to improvement, or reject related offers of dedication, and enter into agreements tQ complete required subdivision improvements. FINDINGS: - WHEREAS, the City Council has held a public meeting to consider designating the City Engineer as the official with the as the authority to approve or disapprove final subdivision maps, accept, accept subject to improvement, orreject related offers of dedication, and enter into agreements to complete subdivision improvements, and amending relat~d sections of Title 9 of the Arroyo Gr~nde Municipal Code; and WHEREAS, the City Council did consider designating the City Engineer with said authority; and WHEREAS, the proposed revisions to Title 9 are consistent with the goals, objectives, policies and programs of the General Plan, and are necessary and desirable to implement the provisions on the General Plan; and WHEREAS, the proposed revision to Title 9 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern; and WHEREAS, the proposed revisions to Title 9 are consistent with the purpose and intent of Title 9; and WHEREAS, adoption of this Ordinance does not constitute a project under the California Environmental Quality Act (CEOA) pursuant to CEOA Guidelines Section 15378(b)(3); and ORDINANCE NO. 502 e.s. PAGE 2 , WHEREAS, the review of final maps, offers of dedication, and subdivisioQ agreements for . compliance with the Subdivision Map Act and conditions of approval is .a .ministerial act; and. WHEREAS, the City Engineer has the expertise to review final maps, offers of dedication, and subdivision agreements for compliance with the Subdivision Map Act and conditions of approval; and WHEREAS, designating the City Engineer as the Official with the authority to approve final maps, accept dedications and enter into subdivision agreements will provide for expedited processing of such maps. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOllOWS: SECTION 1 - DESIGNATED OFFICIAL: The City Engineer is designated with the authority to: A. Approve or disapprove final subdivision maps for tentative tract and tentative parcel maps. B. Accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. - C. Approve agreements to complete improvements required as a condition of recording a final map. SECTION 2 - NOTICING REQUIREMENTS Prior to taking action to approve or disapprove a final map for a subdivision,' a notice of the pending action shall be posted. The notice shall be attc;tched and posted with the regular agenda of the City Council. A notice to approve a final map shall not be posted until the City Engineer has determined that all requirements and conditions for approval of the map have been complied with. The City Engineer shall act on final maps within ten (10) days following the City Council meeting that was preceded by the notice of pending action. SECTION 3 - APPEAL PROCESS An action by the City Engineer to approve or disapprove a final map for a subdivision may be appealed by or to the City Council. To be considered an appeal must be received in writing within seven (7) calendar days of the City Council meeting that was preceded by the notice of the City Engineer's pending action. Any such appeal must be based on conformance with the Subdivision Map Act, the Arroyo Grande Municipal Code, and the project conditions of approval. ~...~-- ORDINANCE NO. 502 C.S. PAGE 3 SECTION 4 - ANNUAL REVIEW .. The City Council shalt review annually the delegatic;m of authority provided for in this ordinance. The review shall be held concurrent with the annual budget review. SECTION 5 - MUNICIPAL CODE AMENDMENTS A. Arroyo Grande Municipal Code Section 9-04.040 entitled "AUTHORITY" is hereby amen~ed to read in its entirety as follows: The Planning Commission is designated the 'advisory agency" (as defined in Section 66415 of the Subdivision Map Act) for Tentative Tract and Tentative Parcel Maps, Lot Line Adjustments, Merger of Parcels, Reversion to Acreage and Certificates of compliance, and has the authority to approve, conditionally approve, or disapprove such applications as set forth in this Chapter subject to Section 9- 02.150 regarding appeals. The Planning Director, City Engineer, and Staff Advisory committee shall provide recommendations to the Planning Commission regarding these applications. The City Council is designated the "appeal board" (as defined in Section 66416 of the Subdivision Map Act) for Tentative Tract and Tentative Parcel Maps, Lot Line Adjustments, Merger of Parcels, Reversion to Acreage and Certificates of Compliance, and has the authority to approve, conditionally approve, or di~approve appeals regarding such applications as set forth in this chapter and Section 9- 02.150 regarding appeals. B. Arroyo Grande Municipal Code Section 9~04.080 B.2.f.(4) is hereby amended to read in its entirety as follows: City Engineer's Certificate of Approval of the final map and acceptance of offers of dedication on behalf of the City Council, or in the case of an appeal, the Director of Administrative Service's Certificate of Approval and . acceptance of same by the City Council. C. Arroyo Grande Municipal Code Section 9-04.080 D. entitled "Approval" is hereby amended to read in its entirety as follows: 1. The City Engineer has been designated with the authority to approve or disapprove final subdivision maps, accept, accept subject to improvement, or reject related offers of dedication, and enter into agreem.ents to complete subdivision improvements. ORDINANCE NO. 502 C.S. PAGE 4 2. Upon receipt of a final subdivision map, the City Engineer shall approve said map if it conforms to all of the requirements of the Subdivision. Map Act and this Title. If it does not conform, the map shall be disapproved. 3. If at the time of final map approval, any public improvements required by the. Subdivision Map Act or by any provision of this Title have not been completed and accepted by the City Engineer, the City Engineer shall require the subdivider to enter into an agreement pursuant to Section 66462 of the Government Code. 4. The City Engineer shall accept, accept subject to improvement, or reject offers of dedication shown on the map. 5. Prior to the City Engineer taking action to approve or disapprove a final map for a subdivision, a notice of the pending action shall be posted. The notice shall be posted with the regular agenda of the City Council. A notice to approve a final map shall not be posted until the City Engineer has determined that all requirements and conditions for approval of the map have been complied with. The City Engineer shall act on final maps within ten. (10) days following the Council meeting that was preceded by the notice pending action in which agenda the item was noticed. 6. An action by the City Engineer to approve or disapprove a final map for a - subdivision may be appealed to the City Council. Notwithstanding anything in the Title to the contrary, to be considered, an appeal must be receiveciin writing within seven (7) calendar days of the Council meeting that was receded by the notice of the City Engineer's pending action. Any such appeal must be based on conformance with the Subdivision Map Act, the Arroyo Grande Municipal Code, and the project conditions .of approval. D. Arroyo Grande Municipal Code Section 9-04.090 D. entitled "Approval" is hereby amended to read in its entirety as follows: 1. The City Engineer has been designated with the authority to approve or disapprove final subdivision maps, accept, accept subject to improvement, I or reject related offers of dedication, and enter into agreements to complete subdivision improvements. 2. Upon receipt of a final subdivision map, the City Engineer shall approve said map if it conforms to all of the requirements of the Subdivision Map Act and this Title. If it does not conform, the map shall be disapproved. ORDINANCE NO. 502 C.S. PAGE 5 3. If at the time of final map approval, any public improvements required by the Subdivision Map Act or by any provision. 'of this Title have not been completed and accepted by the City Engineer, the City Engineer shall require the subdivider to enteiinto an agreement pursuant to Section 66462 cif the Govemment Code. 4. The City Enflineer shall accept, accept subject to improvement, or reject offers of dedication shown 01'1 the map. 5. Prior to the City Engineer taking action to approve or disapprove a final map for a subdivision, a notice of the pending action shall be posted. The notice shall be posted with the regular agenda of the City Council. A notice to approve a final map shall not be posted until the City Engineer has determined that all requirements and conditions for approval of the map have been complied with. The City Engineer shall act on final maps within ten (10) days following the Council meeting that was preceded by the notice pending action in which agenda the item was noticed. , 6. An action by the City Engineer to approve or disapprove a final map for a subdivision may be appealed to the City Council.. Notwithstanding anything in the Title to the contrary, to be considered, an appeal must be received in writing within seven (7) calendar days of the Council meeting that was preceded by the notice of the Director's pendiog action. Any such appeal must be based on conformance with the Subdivision Map Act, the AffOYO Grande Municipal Code, and the project conditions of approval. SECTION 6 If any section, subsection, subdivision, paragraph, sentence, clause or phras.e of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 7 A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full ORDINANCE NO. 502 C.S. PAGE 6 text of the proposed Ordinance shall be posted with the Director of Administrative Services. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services shall post a certified copy of the full text of such adopted Ordinance. SECTION 8 This Ordinance shall take effect thirty (30) days after its final passage. On motion of Council Member Runels, secOnded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members Runels, Dickens, Tolley, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was adopted' this 13th day of April, 1999. - ~.._,,~- --,--., , ORDINANCE NO. 502 C.S. PAGE 7 :H~a~~R ATTEST: a.~ TOR OF ADMINISTRATIVE SERVICES APPROVED AS TO CONTENT: ~kLTL. ~I . ROBERT L. HUNT, CITY MANAGER . I ORDINANCE 502 C.S. I, NANCY A. DAVIS, Administrative Services Director of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 502 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of April, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th day of April, 1999. 71 {(. ~ NANCY~S, ADMINISTRATIVE SERVICES DIRECTOR -