O 161 C.S.
183
ORDINANCE NO. 161 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE ARROYO GRANDE MUNICIPAL CODE BY AMENOING CERTAIN
SECTIONS OF CHAPTER 3, TITLE 9, AND BY ADDING SECTIONS
9-3.204A, 9-3.205A, 9-3.207A, 9-3.218A, 9-3.218B,
9-3.219A AND 9-3.222A TO CHAPTER 3, TITLE 9 THEREOF,
AND BY DELETING SECTIONS 9-3.209, 9-3.225, 9-3.228,
9-3.505, 9-3.506, 9-3.705, 9-3.706, 9-).707 AND 9-3.708
OF CHAPTER 3, TITLE 9 THEREFROM, ALL RELATING TO
REGULATIONS OF SUBDIVISIONS WITHIN SAID CITY. I
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1: That the following sections of Chapter 3, Title 9 of the
Arroyo 'Grande Municipal, Code are amended to read as follCl#s:
Section 9-3.102 Authority. The provisions of this chapter are adopted
pursuant to the provisions of the State Subdivision Map Act, as set forth in the
Government Code, Division 2, Title 7, commencing with Section 65000.
Section 9-3.205 Easement. "Easement" shall mean an easement dedicated
to and accepted by the City.
Section 9-3.206 Final Map. "Final Map" shall mean a map, prepared in
accordance with the provisions of this chapter and the Subdivision Map Act,
which Is designed to be placed on record with the County Recorder.
Section 9-3.216 Owne r . "Owner" shal I mean the IndIvidual fl rm, partner-
ship, corporation, or their authorized agent having sufficient proprietary
Interest In the land sought to be subdlvld.d to eommene. end melntelft proc..dlngs
to subdivide the same pursuant to the provisions of this chapter.
Section 9-3.217 Parcel Map. "Parcel Map" shall mean a map showing the
division of land Into four (4) or less parcels, unless otherwise permitted by
thIs chapter and the Subdivision Map Act, and approved and fIled In accordance
with law.
Section 9-3.220 Street, Local (Hlnor). "Local (minor) Street" shall mean
a street which Is used primarily for access to abutting properties, as is
defined and delineated in the Circulation Element of the General Plan.
Section 9-3.221 Street Ma or. "Major Street" shall mean any street which
carries traffic on four moving lanes between different areas of the City and
traffic entering from secondary streets; as Is defIned and delIneated In the
Circulation Element of the General Plan.
Section 9-).222 Street, Secondary (collector). "Secondary (collector)
Street" shall mean a street which collects traffic from a subdivision or area
to a major street; as Is defined and delineated in the Circulation Element of
the General Plan. 0
Section 9-3.224 Subdivision. For purposes of this ordinance "Subdivision"
shall mean a division of land as defined by California Government Code Section
66424. This division shall be Inapplicable to: (a) The financing or leasing of
apartments, offices, stores or similar space within apartment buildings, industrial
buildings, commercial buildings, mobllehome parks or trailer parks; (b) Mineral,
011 or gas leases; (c) Land dedicated for cemetery purposes under the Health and
'-" Safety Code of the State of California.
Section 9-3.226 Subdivision, Minor. "Minor Subdivision" shall mean the
dlvlsron of land Int~ four (4) or less parcels, unless otherwise permitted by
this chapter and the Subdivision Map Act, and approved and filed In accordance
I
wi th law. I
Article 4. Requirements for Types of Subdivisions
Section 9-3.401 Industrial Subdivisions.
(a) Lot area and width. The minimum lot area and width ,for
Industrial subdivisions shall be as stipulated In the zoning regulatIons but shall
not be !ess than 6,000 square feet and sixty feet (60') In width.
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,:~ (b) Street Design, Street design shall be as set forth in the
adopted CIty standards.
(c) Improvements. All Improvements shall be as set forth In the
adopted CIty standards.
(d) Compliance wIth other regulatIons. All other regulations set
forth in 'this chapter shall be compiled with in the development of IndustrIal
subdIvIsions.
Section 9-3.402 Commercial SubdivIsIons. I
(a) Lot area and width. The mInimum lot area and width for com-
mercial subdivisIons shall be as set out by the zonIng laws of that specIfic
commercIally zoned distrIct; provided, however, the CommIssion may reduce the lot
area sizes not more than fifty percent (50%) when the total lot size combined
with land used for parking and landscapIng In undivided common interest equals
the required lot sIze. ..-.,
(b) Street Des ign. Street design shall be as set forth in the
adopted City standards.
(c) Improvements. All Improvements shall be as set forth in the
adopted CIty standards.
(d) ComplIance wIth other regulations. All other regulations set
forth in thIs chapter shall be compiled with in the development of commercial
subdIvisIons.
SectIon 9-3.403 ResIdentIal subdIvisions.
(a) Lot area and wIdth. The mInimum lot area and wIdth shall be
as set forth In thIs section, unless a greater lot size or wIdth Is stipulated In
the zoning regulatIons, except where the lot size Is reduced through the use of
Section 9-3.503 of Article 5 of thIs chapter. The followIng shall serve as the
criterIon for determining gross lot densIty requIrements:
(1 ) Where the cross slope does not exceed seven percent (7%),
the minimum area shall be:
(I) For corner lots, 7,000 square feet; and
(II) For InterIor lots, 6,000 square feet.
(2) Where the cross slope exceeds seven percent (7%), the
following table shall be used:
Percent of
Minimum RatIo Maxl- G round Surface
MInimum MInImum Average mum Depth to Remain In
Topography Area Frontage Depth to WIdth Natural State
7% - 20% 10,000 80 feet 11 0 feet 3: I 20%
cross slope square feet
20% - 30% 20,000 100 feet 150 feet 3:1 50%
cross slope square feet ~
,
30% and up I acre 150 feet 225 feet 3: I 70%
cross slope
(3) The minImum frontage* shall be as follows:
(I) For corner Jots with an average width of seventy feet
(70')*, the minimum width at the property line shall be sIxty feet (60');
$ (il) For interior lots with an average width of sl~ty feet
(60'), the mInimum wIdth at the property lIne shall be forty feet (40')*.
*Mlnimum wIdth shall only be permitted on culs-de-sac or where special or unusual
ci rcuinstances Indicate .I rregular lots.
(4) The mInImum average depth shall be nInety feet (90').
,
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. - (5) :he minimum average lot depth or width may be modified 18~
w~th approval of the Review ,Committee and Planning Commission, however, the
minimum Jot area must be at least 6,000 square feet and the reduced minimum lot
width or depth must be at least sIxty feet (60').
(b) Improvements. All design and improvements shall be as set
forth in the adopted City standards.
Section 9-3.502 General design and improvement standards.
(a) Blocks. Blocks shall not be longer than 1,200 feet between
intersecting street lines except on expressways and major streets where longer
blocks may be required by the Commission. Lots with frontage on more than one
street, expressway, or major street category shall not be permitted, except
corner lots, unless approved by the Commission and when access rights are
released on one street.
(b) Walkways. Improved walkways not less than ten feet (10') in
width may be required through blocks more than 900 feet in length and through
other blocks where necessary to provide access to schools, parks, and scenic
easements.
'- (c) Utility Easements. Easements not less than five feet (5')
wide may be required on side or rear lot lines where necessary for underground
utilitIes, cables, wires, drainage, conduit and water mains, or other utilities.
A reduction of the width may be allowed when a lesser width is justified In the
opinion of the City Engineer and the serving utility.
(d) Watercourses. Watercourses shall be shown as easements when
required by the Subdivision Committee, and storm drains shall be placed in ease-
ments when public rights of way are not available or adequate. The Subdivision
Comm I ttee sha 11 require watercourses to be placed entirely in underground conduits,
adequately fenced, or otherwise improved in accordance with the standards adopted
pursuant to the provisions of this chapter. Where sumps are approved to handle
drainage as an Interim solution, defeasible easements shall be provided for
necessary channels and sump areas. Fences required for watercourses and sumps
shall meet the requirements set forth in the adopted City standards.
(e) Monuments. Durable monuments as approved by the City Engineer
shall be installed or referenced to the following locations:
(1) Boundary corners;
(2) At intervals of not more than 500 feet along boundary
lines;
(3) At the beginning and ending of property line curves and
property Intersections at the discretion of the City Engineer;
(4) At lot corners and, In addition, a permanent marker shall
be set In the top of the curb on the prolongation of the side lot lines; and
(5) At other locations, as required.
Standard monuments s~all be placed along the center lines of public
streets and alleys at all intersections and at all property intersections or
beginning and ending curves.
(f) Lots. All lots shall abut on an Improved street unless a
cluster, townhouse, condominium, or similar development has been approved by the
Conrn Iss I on.
(g) Building Setbacks. Building setbacks shall be as required by
-' the applicable zoning requirements.
(h) St reets.
(0 Existing streets shall be continued as required by.the
Subdivision Committee.
(2) Street stubs shall be required to adjacent unsubdlvided
property where In the opinion of the Subdivision Committee, they are necessary.
A satlsfactory'temporary turnaround may be required, as well as the Installation
of a standard barrier, to prevent Ingress and egress.
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(3) Streets shall Intersect at as near right angles as Is
practicable. Radius of curvature, where the property lines intersect shall be
concentric with curb radius. '
(4) "T" or three (3) way Intersections shall be preferable
to four (4) way intersections on local streets, but the center I Ine of the "T"
~treet shall not be located closer than 150 feet to the center line of any other
Intersection.
(5) Four (4) way Intersections shall not be located closer
than 180 feet to any other Intersections measured from the nearest right ?f way
lines.
(6) Denial strips Identified by alphabetical letter, where
required to control access over certain lot lines or over the ends of street
stubs, shall be dedicated to the City.
(7) Cul-de-sac streets shall have the following limiting
dimensions: ,....,
(i) A fifty-two foot (52') minimum radius to the
property line.
(I I) A forty-six foot (46') minimum radius to the
curb line.
(i i 1) A six hundred foot (600') maximum length of a
cul-de-sac to the center of the turnaround except
where such cul-de-sac ~erves no more than twelve
( 12) lots.
(8) Streets, rights of way, and easements In any standard
subdivision or minor subdivision shall be offered for dedication by appropriate
means. The City may, at Its option, accept or reject any such offe~ or reserve
the right to require future dedication.
(9) Streets shall conform as to alignment and width to the
Circulation Element of the General Plan.
(10) The minimum center line curve radius on streets shall be
designed to accommodate the following speeds:
(I) For major, arterial, and collector streets, 35 m.p.h.
(II ) For all other streets, 25 m.p.h.
(11 ) The nonnal minimum permitted grade of streets shall be
one percent (1%); provided, however, when approved by the City Engineer, the
absolute minimum grade pennitted shall be one quarter of one percent (0.25%),
and the minimum cross fall across Intersections shall be four tenths of one
percent (0.4%).
(j) Street names. Names for proposed new streets shall be approved
by the Planning Director and shown on the tentative map.
(j) Alleys. Alleys shall be required to be constructed In Industrial,
commercial, and multiple-family areas where necessary to control access to major
streets. ,....,
SectIon 9-3.503 Optional Design and Improvement Standards. Where a
subdivider by written affirmation signifies his intent to enhance the livability,
appearance, health, safety, convenience, or general welfare of his proposed sub-
division by using new concepts in the arrangement of lots, the circulation pattern
to serve such lots, and by providing permanent open space within the neighborhoods
In the proposed subdivision and appropriate means of access to blocks, schools,
shopping centers, and other uses, thereby serving and implementing the intent of
the provisions of th~s chapter, he shall use the following procedure:
.'
(a) For an Improved design based on density control and better
community environment, the standards set forth In Article 4 of this chapter and
In Section 9-3.502 of this artIcle may be varied only when the gross density of an
area Is not Increased and when the design has the approval of the Commission and
the Council, and when, In their opinion, such deviation will:
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(1) Produce a more desirable and livable community than 18~
the minimum requirements set forth In this article;
(2) Create better community environment through dedication
of public areas, setting out permanent scenic easements or open spaces, or
through,the rearrangement of lot sizes or reforestation of barren areas; and
(3) Reduce the danger of erosion.
(b) As an incentive to creating better overall communities the
Commission may authorize reduction In lot size to not less than 4,000 squ~re feet,
but with no increase In density In the overall development. The Commlssldn may
authorize similar deviations from other standards set forth where such deviations
are for the purposes set forth In the section.
(c) Before any deviation based on Improved design shall be
authorized, It shall be passed by the Commission and approved by the Council.
Section 9-3.504 Street Design. Street Design shell conform to the
adopted City standards.
.~ Section 9-3.507 Required Improvements. All improvements shall conform
to the adopted City standards. Any deviation shall be approved by the Review
Board In accordance with the provisions of Section 9-3.503 of this article.
Permission shall be obtained from the City Engineer before construction is started.
Improvements to be Installed by each subdivider shall Include, but not
limited to, the following:
(a) Curbs, gutters, sidewalks, and walkways;
(b) Water lines, gas, and other utility services to serve each lot
and stubbed to the property lines, prior to paving;
(c) Fire hyd rants;
(d) Sanitary sewers and laterals to serve each lot and stubbed to
the property line prior to paving;
(e) Storm sewers, drains, and channel Improvements where required;
(f) Silt basins or other forms of erosion control where.requlred;
(g) Paved streets;
(h) Ornamental street lights;
(t) Street treesj
(j) Street and traffic control signs as required by the City Englneerj
(k) Utility lines, Includlng,but not limited to electric, The
communications, and cable television, shall be required and placed underground.
subdivider shall be .responslble for complying with the requirements .of this section,
and he shall make the necessary arrangements with the utility companies for the
Installation of such facilities. Existing distribution lines may be placed under-
ground at the option of the developer or utility.
(1) Recreation facilities as follows:
~ (I) The subdivider shall provide for adequate and appropriate
public recreation facilities for the subdivision by the dedication of lands therein
or by the payment of fees in lieu thereof under the following conditions and
according to the following requirements:
(
, (I) In subdivisions having fifty (50) or more lots, and
where the land In such subdivision .can be'properly located for public recreational
facilities in accordance with the adopted Recreation and Parks Plan for the City,
the subdivider shall dedicate a minimum area for such purposes on the basis of
not less than three (3) acres for each fifty (50) acres within the subdivision to'
be developed, or such other area as mutually acceptable and may Include designated
open space and a green belt area.
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(Ii) Where the subdivision consists of fifty (50) lots
or I~s:,.or where the subdivision exceeds fifty (50) lots but land within the
subdIVISion cannot be located in accordance with the Recreation and Parks Plan
adopted by the City, the subdivider shall pay to the City for the Recreation Fund
a sum of One Hundred Dollars ($100.00) for each residential building site.
(ii i) Any subdivision or parcel map abutting the Arroyo
Grande Creek or its tributaries shall dedicate to the City all that area that
includes the stream bed and ten feet (10') back of the stream bank or other
appropriate areas, mutually accepted for the purposes of open space or green belt.
(iv) Any parcel which is specifically referenced i~ the
Seismic Safety Element of the General Plan as being unbuildable.or any area In
the Open Space-Conservation, Safety, or other Elements of the General Plan ear-
marked for protection shall be considered In the subdivision for open space and
zoning and be either offered for dedication to the City or home-ownership
management provided.
'"'
(m) Off-site improvements may be required as follows:
(I) The development of water storage facilities or financial
contributions for the improvement of any existing source of water supply and the
construction of transmission lines from that supply to the proposed development;
(2) The development of trunk sewer lines or financial
contributions for the improvement of any existing sewage disposal systems and the
construction of transmission lines from the proposed Improvements to the site of
disposal;
(3) When flood zones or other lawful special purpose zones
are established by the Counci I,the subdivider shall pay the fee set out for
the particular zone in which the subject land lies;
(4) Properly graded, drained, and Improved paved access
roads; and
(5) The extension of any other utilities.
Agreements may be made upon approval of the Councl1 for reimbursement by
future developers for facilities required by the City to the extent that such
facilities are in excess of sizes, lengths, and locations needed to serve the
subdivision Involved. Requests for reimbursement shall be made In writing at
the time of submitting the final map; and
(n) In addition to all the other requirements of this section:
(I) Improvement work, Including grading, shall not be commenced
unt it Improvement plans for such work have been submitted to and approved by the
City Engineer.
(2) All improvements shall be constructed under the Inspection
of and to the satisfaction of the City Engineer.
(3) Cost of inspection shall be borne by the subdivider and
shall amount to: four percent (4%) of the first one-half million dollars; three
percent (3%) of the second one-half million dollars; and two percent (2%) of all
over one million dollars of the estimated construction cost of the Improvements .-
to be dedicated as established by a preliminary cost estimate approved by the
Director of Public Works or City Engineer.
(4) Private streets offered for dedicatIon at any time shall
be brought to City standards. Any development with private streets shall grant
the City access rights for fire and police services.
Section 9-3.508 Deviations from Requirements. It is realized there are
certaIn parcels of I~nd of such dimension, subject to such tl,tle restrictions, so
affected by physical "conditions, and/or devoted to such us. that It 15 Impoulble
for the subdivider to conform to all the requirements of this article when
subdividing property.
The Commission (or, on appeal, the Council) may grant deviations from the
requirements of this article when under the circumstances of the particular case
the deviation, rather than the sections of this chapter at Issue, actually carries
out the spirit and Intent of the provisions of this chapter and do not constitute
the granting of special privilege.
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Adequate guarantees shall be provided to insure that any conditions
imposed. as a part of any approved deviation shall be carried out as specified.
Section 9-3.601 Determination of Standard or Parcel Map. Conformance to
the State, Subdivision Map Act' shall determine whether the standard subdivision or
parcel map procedure shall be used.
Section 9-3.603 Tract Numbers: Title Reports. Prior to filing a tentative
map of a subdivision, a City tract number shall be obtained from the San Luis
Obispo County Planning Department, and a preliminary title report from a neputable
title company shall be filed.
Section 9-3.604 Tentative Maps: Data and Design. After the submission of
a preliminary map to the Subdivision Review Board and the review of the map by the
Board, .the action in connection with the making of a subdivision shall comply with
the provisions of the State Subdivision Map Act and additionally, the provisions
of this section.
(a) A sketch at a minimum scale of one inch equals 1,000 feet
indicating the location of the proposed subdivision in relation to the surrounding
-' area or region and showing the land use In the surrounding area;
(b) The date, north point (generally up on the map), and scale.
The minimum scale shall be one inch equals 100 feet.
(c) The name of the proposed subdivision, the tract number of the
proposed subdivision and of all adjacent subdivisions, and the locations of,
names, and widths of adjacent streets, highways, alleys, ways, and easements of
all kinds, together with the type and location of street Improvements thereon,
including Information obtained from affected departments on fire hydrants and
street light locations;
(d) The contour of the land at Intervals of not more than one foot
(I') of elevation up to seven percent (7%) cross slope, two foot (2') i nterva Is
up to twelve percent (12%) cross slope, and five foot (5') Intervals over twelve
percent (12%) cross slope;
(e) Sufficient data to define the boundaries of the tract, or a
legal description of the tract and blue border on the reverse side of the map to
indicate tract boundaries, and the probable units of the final map;
(f) The width, approximate location, and purpose of all existing
and proposed easements and adjacent easements adjoining such land;
(g) The width and approximate grade of all streets, highways, alleys,
and other rights of way, proposed for dedication or not;
(h) The approximate radii of all curves;
(I) All lots, numbered consecutively throughout the entire develop-
ment, and the approximate dimensions of all lots. Lot areas in square feet shall
be shown for a II lots not rectangular In shape;
(j) The approximate locations of areas subject to inundation by
storm water overflow and the location, width, and direction of flow of all water-
cou rses ex 1st I ng and proposed; ,
(k) The location and outline to scale of each existing building or
structure wIthin the subdivision, noting thereon whether or not such building or
structure is 'to be removed from or remain in the development of the subdivisIon,
and its existing and proposed future use;
(I) T~e approximate location of proposed sewer and water lines and
underground storm drains, including the proposed location of the fire hydrants and
street lights based on information furnished by affected department heads;
(m) The location of all trees over four inches (4") in diameter at
the base of the tree (where stands of trees are located, Individual trees need not
be shown but may be shown as a group):
(n) All denial strips;
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190 (0) The location of existing fences, ditches, wells, sumps,
cesspools, reservoirs, sewers, culverts, drain pipes underground structures
utility lines, or sand, gravel, or other excavatlons'wlthln 200 feet of any'
portion of the subdivision, noting thereon whether they are to be abandoned or
used.
Section 9-3.605 Tentative Maps: Additional Requirements. The fol1C1#lng
shall be submitted with the Tentative Map:
(a) Preliminary title reports;
(b) Environmental determinations; I
(c) Covenants if proposed by or required of the developer.
,Sect I on 9-3.606 Tentative Maps: Completeness: FI ling.
(a) Completeness. A tentative map shall be considered complete """'
for the consideration of the SubdIvision Review Board and the Planning Commission
when the map complies with the provisIons of the State Subdivision Hap Act and
this chapter, and when maps and sketches, together with all supplemental data,
have been submitted.
(b) Filing. Twenty (20) copies of the tentative map together
with a fee In the amount of One Hundred and No/IOOths Dollars ($100.00), plus
Two and No/IOOths Dollars ($2.00) per lot to cover the cost of checking.
Section 9-3.607 Tentative Maps: Subdivision Review Board Action.
(a) Determinations. The City staff and the Subdivision Review
Board shall determine if the tentative map and all ancillary reports meet the
requirements of the State Subdivision Map Act and this chapter and all other
laws and plans of thIs City. The Subdivision Review Board shall meet with the
subdivider, his engineer, or other designated agent within thirty (30) days
after the filing of the tentative map. Attendance of the subdivider, his engineer,
or other designated agent Is required.
(b) Recommendations. The Subdivision Review Board shall review
the tentative map for compliance with the provisIons of the State Subdivision
Map Act, this chapter,and other applicable laws. If any portion of the subdi-
vision Is In conflict with any of the requirements, the Subdivision Review Board
shall Inform the subdivider, In writing, of such conflicts.
The Subdivision Review Board may deem If advisable to recommend
additional Improvements, easements, dedications, etc., to be Included. The
subdivIder shall be duly Informed 0' the nature 0' the recommendation at the
time of the Review Board meeting.
If, after analysis, It is found that the subdivision requires a
significant amount of correction before the Review Board deems It acceptable to
bring It before the Commission, the Review Board may require the subdivider to
make the changes and reappe~r before the Review Board for further study.
(c) Report. The Subdivision Review Board shall make a report on
the proposed subdivision and on the detennlnations set forth In this section to
the Commission. /",
(d) Appeals. If the subdivider feels the Subdivision Review Board
has imposed requirements not acceptable to the subdivider, he may, within thirty
(30) days, request consideration thereof by the Commission. In such event, the
subdivider shall make known his Intentions, in writing, to the Commission where-
upon the map in question shall be placed on the next agenda of the Planning
Conmlsslon.
Section 9-3.6Q8 Tentative Maps: Commission ActIon.
(a) Filing date. The effective date of the map, for the purposes
of this chapter, shall be the date on which all of the required materials are
received, Including Environmental Determination, maps and data, and fees.
(b) Filing. If a revised map Is required, the subdivider shall
file seven (7) caples of the revised tentative map, which shall be In confo~mance
with Section 9-3.604 and all other sections of this chapter.
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(c) A roval Conditional A roval or D I sa roval. The Commission
shall act on any tentative map wrthln fifty 50 days of the date of the Subdivision
Review Board's report, unless such time period Is extended by mutual consent of
the subdivider and the Commission. Failure of the Commission to act within the
time Hmlts prescribed shall be de.emed approval of the tentative map. The
Commission shall determine whether the tentative map Is In conformity with the
provisions of the State Subdivision Map Act, and of this chapter and upon that
basis, approve, conditionally approve, or disapprove the map and'repo;t such
action directly to the subdivider. The COfM1lsslon may, In addition to any
other causes therefore, disapprove the tentative map because of flood hazijrds or
precedent to approval ,of the map. The Commission shall recognize and accept
public Input during this process of approval, conditional approval, or disapproval
of the tentative map.
. (d) Effective Time Period of Approval. Final approval of tentative
maps shall be elghteeiil'iB)'months. One(1) one(1) year time extension may be
granted upon approval of the Subdivision Review Board and the Planning Commission.
Section 9-3.603 'Tentatlve Haps: Appeals. If the subdivider or other
Interested person Is I.satlsfled with any action of the Commission with respect
to the tentative map, or'the nature and extent of Improvements required, he may,
within fifteen (15). days !,a.fter such action, appeal In writing to the Council. for
a public hearing thereon. Such appeal shall be filed with the City Clerk on or
before the closing date of th.e Council for ih next succeeding regular meeting.
The Council shall hear the.appeal, upon notice to the subdivider and the Commission,
unless the subdIvider consents to a continuance, at Its next succeeding regular
meeting following the filing of the appeal. At the hearing the Council shall
hear such argllllents and..-'mater.Jals as the subdivider, Commission, or other persons
. <.J' .
may present. .'
,,' "
Upon the conclusIon' of' the hearing, or the continuance thereof, the
Council shall, within thl.rty (30) days, declare Its findings based upon the
testImony produced before It. . It may sustain, modify, reject, or overrule any
recommendatIons or rulln9s.o(.the Commission and may make such findings as are
not Inconsistent wlthtlW prQvhlons of this chapter and other applicable laws.
.:'.{.\ ':',1 '
Section 9-).610 ;'lmOfovement Plans.
(a) Filing. After the approval by the Commission of the tentative
map of any subdivIsion, the subdivider shall furnish the following Information to
the Director of Public Works or the City Engineer.
(I) A grading plan consisting of typical cross-sections and
finished grades of all lots, roads, streets, and highways In the proposed
subdIvision;
(2) Plan and profile drawings on all streets, Including
sewer .nd dr.lnage Improvements. Utilities m.y b. shown In plan only. All
tracings or dupllcate,traclngs shall be filed with the Director of Public Works
or the CIty Engineer;
(3) Estimated costs of Improvements to be dedicated to the
City or other publIc agency or any other conditions of approval of the subdivision.
Such estimates shall be verl.fled by the Director of Public Works or City Engineer;
(4) Any other pertinent Information required by the conditional
approval of the CommissIon or by the City Engineer or Director of Public Works,
Including a solls.repor~on filled areas, or areas proposed to be filled, an~ in
ail street and alley rlg~ts of way. The soils report and analysis shall be In
accordance wIth methods approved by the State.
(b) Approval. No final map shall be submitted for the consideration
of the Councl I until ,the Improvement plans, fees, and agreements have been approved
by the City Engineer., No. Improvement plans shall be considered finally approved
until approval of the' final map by the Council. .
Section 9-3.611 Final Haps: Time Uml t.
(a) Within eighteen (18) months after the approval or conditional
approval of the tentatIve map, per Section 9-3.608(e) of this chapter, the sub-
divider may cause the subdivision, or any part thereof, to be surveyed.and a
final map to be prepared In accordance with the tentative map as approved or
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92 conditionally approved. Streets and easements needed for access to any such
part shall be shown on the final map and dedicated If required.
(b) Upon the application of the subdivider, an extension of not
exceeding one additional year may be granted by the Council after the review and
recommendation of the Commission.
(c) Any failure to record a final map within eighteen (18) months
from the approval or conditional approval of the tentative map, or any extension
thereof granted by the Council, shall terminate all proceedings. Before a final
map may thereafter be recorded, a new tentative map shall be submitted. I
Section 9-3.612 Final Maps: Form. The form of fInal maps shall be
consistent with the provisions of the State Subdivision Map Act.
Section 9-3.613 Final Maps: Data. The final map shall show the followIng
in addition to the data required by the State Subdivision Map Act.
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(a) Adjacent Streets. The lines of all adjoining properties and
the lines of adjacent streets and alleys, showing their wIdths and names;
(b) Lot Numbers. All lots shall be numbered consecutively through-
out the subdivision, starting with No.1;
(c) City Boundaries. City boundaries whIch adjoin the subdivision
shall be clearly designated and located to adjacent lot or block lines. No lot
shall be divided by a City Boundary Line; and
(d) Any additional requirements set forth by the Subdivision
Review Board and/or the Planning Commission shall be noted on the map.
Section 9-3.614 Final Maps: AccompanyIng Documents. The following
additional materials shall be submitted with the final map:
(a) Traverse Sheets. The subdivider shall furnish the Director
of Public Works or the City Engineer with traverse sheets prepared by a registered
Engineer or licensed Surveyor showing the mathematical closure within one foot
(I') to 20,000 feet perimeter of the exterIor boundary of the tract and of each
block within the tract and each irregular lot.
(b) Guarantee of Title. The subdivider shall furnish to the
Council a guarantee of title or letter from a competent title company, certifying
that the names of all persons whose consent Is necessary to pass a clear title to
the land being subdivided, and all acknowledgments thereto, appear on the proper
certificates and are correctly shown on the map, both as to consents as to the
making thereof and affidavits of dedication where necessary. Such guarantee
shall be issued for the benefit .of the City and protection of the Council and
shall be continued complete up to the instant of recording.
(c) Improvement Agreement. The subdivider shall file an agreement
for the improvements required by the provisions of this chapter and the Subdivi-
sion Map Act, and as may be further required by the Councilor by law, and shall
secure the performance thereof by a good and sufficient surety bond executed by
a responsible surety company to be approved by the Councilor an Instrument of
credit approved by the Council, or, in lieu of such surety bond or Instrument of -
credit, a cash deposit, which bond, instrument of credIt, or cash deposit shall
be In an amount equal to the cost of the Improvements and conditions of approval
of the map as approved by the City Engineer. There shall be no reduction in the
amount of any bonds or instrument of credit unless approved by the Council after
a report and recommendation by the Director of Public Works and City Administrator;
provided, hCl#ever, the subdivider may, at his option, In lieu of such agreement
and bond, instrument of credit, or cash deposit, enter into a contra~t with the
Council, secured by a. faithful performance bond or cash deposit in the manner and
condition provided by' Section 65000 of the Government Code of the State and all
other laws appl icable! thereto. Any agreement entered Into pursuant to the p'ro-
visions of this subsection may provide for the furnishing by the contractor of
labor and materials and faithful performance bonds of 100 percent (100%) of the
total estimated cost of the improvements, Including utilities, securing a labor
and materials bond for fifty percent (50%) of the estimated costs of payment to
the oontractor,hls subcontractors, and to persons furnishing labor or materials or
renting equipment to them for the improvements.
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193
The developer shall file a request for a method of reimbursement on
proposed off-site Improvements which benefit properties other than his own and
such method of reimbursement shall be Included In the subdivision agreement'
approved by the Council.
.' (d) Ta~es. Taxes shall be paid and certified as per State Sub-
division Map Act requirements.
Section 9-3.615 Final Maps: Completeness; Filing.
(a) Completeness. A final map shall be considered compJet~ for
fllln~ when. It compl!es with the provisions of Sections 9-3.611 through 9-3.614
of this artlc!e and IS accompanied by the statements, agreement.s, fees, and
security required.
,No final map shall be considered acceptable for filing with the City
Clerk until the City Clerk receives a statement In writing that the final maps
comply with all requirements of this chapter and that a title report the deed
restrictions, and improvement agreement have all been submitted reviewed and
approved by the required City Departments and are ready for su~lssion to'the
Council.
~ (b) Fi ling. The subdivider shall also file the following, if not
previously filed, with the City Clerk when all the requirements of subsection
(a) of this section are met:
(I) Six (6) blue line copies with the original tracing on
linen or approved substitute; the approved boundary traverse map; the Improvement
plans; and a checking fee In the amount of One Hundred and No/IOOth Dollars
($100.00), plus Five and No/IOOth Dollars ($5.00) per lot, for such detailed
examination of the final map and field checking as may be necessary for the City
Engineer to make his required certification. The map shall be accompanied by
. traverse sheets showing the closure within the allowable limits set forth In sub-
section (a) of Section 9-3.614 of this article; and
(2) The approved title guarantee, deed restrictions,
improvements agreement, and bonds as required by subsection (c) of Section 9-3.614
of this article.
Section 9-3.616 Final s: De artmental Action. The following action
shall be taken within twenty days after the filing of the final map:
(a) The City Engineer shall examine the final map for conformance
to the required provisions of the State Subdivision Map Act and this chapter.
(b) The Secretary of the Commission shall examine the final map
and shall determine that the map substantially conforms to the approved tenta-
tive map, and any condition Imposed thereon, and shall so certify on the map.
(c) When the filing of the final map with the City Engineer Is
completed and approved, he shall present It to the Council for consideration
and acceptance.
.
Section 9-3.617 Final Maps: Council Action. Upon the presentation of
the final map and all the required materials by the City Engineer, the Council
shall consider the map, the plan of subdivision, the offers of dedication, the
proposed agreement, and all related matters. The Council may reject any or all
offers of dedication, or require the dedication of all proposed st.reets and
easements, or may require additional dedications. In the event Improvements are
required by the provisions of this chapter or by other laws, the Council shall
~ approve a subdivision agreement and require adequate security for the perfor-
mance thereof.
After the Council has determined that the map Is In conforml.ty with the
requirements of thls<chapter and the State Subdivision Hap Act, It shall approve
the map. In the event the Council shall determine that the map Is not In con-
formity with the requirements of this chapter, It shall disapprove the map,
specifying the reasons therefor and so advising the subdivider of such disapproval.
Within ninety (90) days thereafter, the subdivider shall file with the Secretary
of the Commission a map altered to meet with the approval of the Council and
shall conform with the procedures set forth In this article.
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~94 Article 7. Minor Subdivisions
Section 9-3.702 Lot Line Adjustments. Applications where the division
consists of a lot line adjustment shall follow the procedures as outlined for
parcel maps.
Section 9-3.703 Parcel Maps: Filing Fees. Where required by the provi-
sions of this chapter, parcel maps, as described in the Subdivision Map Act of
the State, shall be prepared and filed with the Subdivision Review Board
together with a filing fee in the amount of Twenty-Five and No/IOOths Doilars
($25.00) and Five and No/IOOths Dollars ($5.00) per lot.
I
Section 9-3.704 Parcel Maps: Information. The petition shall file
seven (7) copies of the tentative map to scale and eighteen inches (18") by
twenty-sIx inches (26") in size. The map shall be filed and processed In
accordance wIth the standard tentative subdivision map requIrements, as set
forth I.n this chapter, and the State Subdivision Map Act. In addItion, the maps
must be accompanied by the following information and data: '""'
(a) Request for environmental determination;
(b) San Luis Obispo County Assessor's Parcel number;
(c) Furnish a copy of Preliminary Title Report.
Section 9-3.713 Exceptions. The provisions of this article shall not
apply to any parcel not conformIng to the provisions'of this chapter for which
a deed is of record, or for which a contract of sale was in full force and
effect and recorded prior to the 1964-65 Assessment Roll of the City or provided
by the State Subdivision Map Act.
Section 9-3.802 Remedies. Nothing contained in this chapter shall be
deemed to bar any legal, equitable, or summary remedy to which the City or any
other political subdivision or person, firm, corporation, partnership, or co-
partnership may otherwise be entitled, and the City or any other political
subdivision or person, firm, corporation, partnership, or copartnership may file
an action in the Superior Court of the State, In and for the County. to restrain
or enjoin any attempted or proposed subdivision or sale In violation of the
provisions of this chapter.
Any transfer or conveyance, or purported transfer or conveyance or
agreement to transfer or convey any parcel of land without compliance wIth the
provisions of this chapter shall be voidable at the option of the transferee
in accordance with the provisions of the Government Code, Division 2, Title 7.
commencing with Section 65000.
SECTION 2: That Title 9 of the Arroyo Grande Municipal Code Is amended
by adding the following subsectIons to Chapter 3 thereto:
Section 9-3.204A Deviation. Deviations from standards would Include:
Density transfer, optional design standards, and/or any new concepts that would
result In an improved utilization of the land.
SectIon 9-3.205A Fla'g Lot. A "Flag Lot" shall mean an interior Jot which
is connected to a publ rc street by a narrow strip of land which provides the
required access as per City standards.
~
Section 9-3.207A Interested Person. For purposes of this chapter, an
interested person shall be any person affected by a decision of the Planning
CommissIon. In the event an appeal is filed regardIng a decision of the Planning
Commission and a public hearing is granted, those persons noticed of the time and
date of the hearing by letter shall be those property owners of record, on the most
recent tax roll, who own property which lIes within the three hundred foot (300')
public notice area.
I
Section 9-3.2\8A Public Utility Easement. "Pub 1 I c Ut II i ty Easement" sha II
mean an easement dedIcated to the Public Utility Companies: PacIfic Gas & .
Electric, Pacific Telephone, and Southern California Gas Company, for the purpose
of distributing those services.
Section 9-3.2188 Standards. Shall be all standards adopted by the City.
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