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R 0419 I . _~...(. c~1Z -;--"-"-1 - , RESOLQTION NO. ^I J 19 ! i .: :I.SOLUTION:Ot 'J:HB qIftOP ARROYO G , AMElmING THE 8UB- ',;,; JlJLATIONS . OF 'l'BBCI1'Y' .OF.AkROYO Q ,RBPU.J..tjfGALL : .!;;C; OR PORTt01l,8 'lB'IBOP IB COIIPLIC'l'HII WI'!'H, PROVIDING .:: .'OR'l'HB VIOIAflQJlt ~" '1'BB PROVISIOJIIiI . P'!'HIS RESOLUTION. . i ';r ^ ,mREAS,Wldlltt the ,prOV1a1of18 of Gr<l1n ,No. 101, of the i\LrOYO GriUlde;1~w.. Pl'0\P1ded that ,th . CityCouncll of the f',rroyo ,Gr~de~.s.~.I;~.~\by rea91u ion to adopt rules L3tions. for. the. S~Y~81~" of land an .,the f11.1ng and : of maps,t1wreofaZ)dllUlpaOfroac'!,rl arsc1 atreeta, wQ1ch said .'."ns~re tobe.81pa~d~.ulxl1#a:i.On'.~rds of Rules . :latio~of" C;l.tyofAJ::r~Gra!Dde". I'~, . , ' ... "'&lE~~'.~.~1tY~1: ,Of t;;h~~t.i ". ",Arroyo Grande has ':J'Jrore, a~, ,01" .J:u.};y9,19!S~, .\lChrul~ Imd. :re9ulat1ons, ,'. -.,' ,',." -...'.;" '. ,'-,' ':' .... ',' '. . .' :',,; "< ,. ",' .'. ' i WBE~I:'~t:'.\.'~"'#Y';~"8JIe~,...a1d~'" ,....a,nd.regulations dfor ~~.'>~t!,l.Y"1~for,it.de~ ,1nf~nsation and . .:'. Pl,">,!~.,~ '~~~""""''''''''''''''''.tYCfAxr"", ., ,,":":>.\'}";.:.".i':~.,,'; ,::",..,.-.": ,"':_ ',';:""",; ".,::_ ,_ , '. R()Il..'~,>U',I~:~),LVa',))Y tJ;le" ity.QounQi,l of the / ofAr!,=,C)Y(),_~,t;;h.~ .,~re.tofore. X'\4e8 and regu- . .j~~nso~~e'-9ii::1Of ,Arr:OYO~ .1:I8..~.poa o~..t_i4e and . 'lQedto\re.~!i'~' he_1Nfte~I'..~"fo.r:th, ..' and . c. the.1\.re.in.fter ( forthru).,II.\and.re~~";i"',~ ..~ 8 ~e herewith and ';1ceforth'd.ed.~i:1"'~,~.'i:aa4 n.gu1a ~. Covering' theaub- " c v ision of liI,D4~,'~ ;~:L'l;~~ ,""~ovalC)f,: pl' tb,ereof/iU1dof , maps of roac18.and8:~~;'IA14.~t'..d1~. ,.,rejJU1at1ona 1:18 ,md the aa.ra&J;'e J:.-~tb.~ "Ui44e81gaU .. _ -IIU8DmSIOM STANDARJ)8.or 'auYl'UD~or'l'De ar AUOYO 'GIWl.~ n, -:' "':,,'..":: ," ':;,~,\-::.. ,', ",,: ," ;" ,:~," '," '. ",., . .' .' , SECTJ;ON~. '~~t . . ! " .. ,.,l.~i~.,.~;:.:r;e~~lUt.ion.:.t,,;.~t.ed fot " . "PUrPose ,of adopt- ing amended .uW1"'1'.lon,,:~~'j("""of the 01 Y of Arroyo Gr~d,. - .,., . ,.' .' ,-, .. ' ..,.:.:..:..". ,'. '. . ..'.- ,"":":"."..,," ' l;;'.2.~. ''IN.U\1n9.Q; I.t...ton Of 1::.he 1ty of Arroyo Gran4e, hereinafte.~ r.fe~r~to... ._..1....1119'(> .~. 1,-,18 nerebyde- signatedaatb8'A4V1.oqr!,~~,~~re~ct 'eu)>>div1a1,ona as . , provided ))yw.'U41ri:eJ._ *P'~ oft:he.. . of c.lifornla. '1 'F_';'''''''' "'. . ",'. ,.', ,,:;:.-."'-'.-'.,. -''' . ..;' , 1 -3. 'l'be ~~1Um1Dg'1r1 1; if. 1_ shall ,~~J. ~f ;the powers and duties with ftUJpec:t: to tea~t;l"e ancI fina .-pe,il,Dd the pro- cedure relatiDg, thereto *1c:h ..' apecif1ea~~'and))y this resolution~ ' " $,' , .. " ~ -' -;. . ' . . ' . " " '. " , . " " . , '. 1 -4. 'l'be~. i81Wreby., ~atttd a Sw.'U.' 1819DClWIUttee to consist, Of,. .the, BU.j,.).d~;~.". .pe. C~I", ~. e Cha1. 'of.. the Planning Comniission, andoaeOthel"persGh,i:Q _ appC1d. ~the Planning. Commission. ' .'. . . .' . , ' . . ..' , ,. "".',. , .'_ -I , '. 1....5....0 indiVic1u!klif1r-,"~OOl&ti;8yrscUdate, co-part- nersh1i>,cwporl:ition,.trl,18t orlU1yother l.gentity" as principal, . agentor.()tJi.,...i~e.b&ll offer .to "11, COD t to sell., or sel.l anysu):ld1v1sionof land or any part t;;hereof .,.t1l.e' C1t:y of Arroyo Grandeun.1;ess or until all. of the,require-.n 8 hereinafter provided .1nthis."resolution have been complied with. . l~ ;)EFINITIONSo . "Map Act" means the Subdivision Map Act of the StatE: '.I" and subsequent amendments. .2.. "Owner" is the individual, firm, r association, syndicate, .'~h~p, or corporatio~ ~ving auffici~ntproprietary interest Da sought to be subd~v~ded to commenc~ and maintain proceed- ; C\bd~vide the same under this chapter. : 4' - 3. "Subdivider" means any individua , firm, association, 'tec", co-partnership, or 'corporation, tru t or any other legal commenc~ng proceedings under this ordin ce to effect a sub- .' <'I of land he:z:-eunder for himself or for other. ! -4. "Subdivision" __s any rtion thereof shown i.olSt preceding assessment ro.1.1 or as a contiguous .ch is divided for the purpose r immediate or future '-lbdivider or is subdivided by an owner for the purpose of ' 1ng a portions of said unit to one or re individuals. , : __.THREE. TENTATIVE MAP OF. SUBDIVISIOIJ OF OUR ORLBSS LOTS. Filing- . , 3 -1. Pour copies of the .tentative map~i f.the proposed sUb- ','II. of any land into fou:z:- or less 'lots sh lbe filed with the . i l3.1-0n committee, together with a filing' e of ten dollars ,:,;;), Payment to be made in the office of e City Clerk. Size- i ' , 3 -2. Tentative maps shall be eighteen y twenty-seven ..:; (18" x 27") in size. and to a scale of no less than one inch ,s one hundred feet, unless otherwise appro ed by the Subdivision ',U:'E:e, and shall be clearly and legiblypr uced. , . Information- : , 3 -3. The tentative map shall show the~imenSions of the ;oposed lots or division an.. d any other informa ~on deemed necessary '... the Subdivision Committee. . . '. I . Approval- 3 -4. The Subdivision COmmittee shall d termine whether the ;,roposed subdivision is in conformity with law d'this resolution. I/'hether the size and shape of the proposed lots is .in qeneral confor- ,Dc,tion to city requirements, and whether all th proposed'lots will abut on a dedicated, improved public street. . roval shall be vote of any two members of the Subdivision Committee and shall be noted by endorsement on the. map. ene copy of the ~pprov d map shall be re- ta1ned in the files of the Planning Commission. Approval of the tentative map aha l'be deemed as final approval and no final map need be submitted, pr vided that the Sub- division Committee may require all of the.improements set forth under Sections 6 and 7 of this resolution in the inte ests of the public health, safety, and general welfare of the city and further provided, that the Subdivision Committee may require that all of the provisions of this resolution pertaining to subdivision of fi~ or .more lots be complied with, where it is the opinion of the S ivision Committee that the intent is to ultimately subdivide into five or more lots. -2- ---- ---------- SO,,, :"JUl{. TENTATIVE MAP OF SUBDIVISION OF rIVE OR MORE LOTS. -.c. Filing--Fourteen (14) copies of tentatlve map and . t of the proposed subdivision of any 1 nd into five or more , ,,::11 be filed with the Planning Conunissi n at least fifteen '" y,; ?rior to the meeting of said Conuniss on at which considera- L d(~sired, together with a filing fee 0 thirty-five doilars I). payment to be made ,in the office of the City Clerk. :, - 2. Department Approva1--'!'he Planni 9 Commission shall II L copies of such tentative map to the C ty Engineer and may " t copies thereof to other departments a it deems advisable. C'.'lpt of a copy of such tentative map, ach department to .' to which it has been transmi tted shall examine the said map rtain if it confot'IIIS to b.he requiremen' coming within the 'tative scope of such department, and wi in ten days after ,.,t c.hereof, each department shall.make a ritten report to the 'i Conunission. If said map confot'IIIS to e requirements ",ithin its authorized scope, such depar nt in said report, '_herein the particulars in which said 'p does not conform. :. -3. Size--Tentative maps shall be ei teen by twenty- .nches (18" x 27") in size and to a seal of ,not less than ,,;Il equals one hundre~ feet, unless othe ise approved by the I'>i Conunission, and shall be clearly and gibly reproduced. . I 4 -4. Information on Map--'l'he tentativ~ map shall contain 'i 11 owi ng in.formation: ! . !' . a. The subdivision name and tra~. number, date, north point scale and suffici nt description to define the locatl.On and b . daries of the proposed subdivision. b. Name and address of record 4er or owners of said subdivision.' . I c. Name and address of the d. Contour lines having the foll ing intervals: One foot contour interval for ground slopes between level and five perce Pive foot contour interval for ground s opes exceeding five percent. e. A key map or locati'on map on ich shall be shown the general area inclu n<,J adjacent pro- perty, subdivisions and roads f. The locations, names, widths, and approximate grades of all roads, streets, highways and ways in the proposed subdivision dalong the bound- aries thereof. I g. The location and.character of all existing or proposed public utility facil ties in said subdivision or on said adjoin ng and contiguous highways, streets and ways. h. The approximate widths, locat' on and purpose of all existing or proposed aas ents. L Approximate lot lay-out and a proximate dimensions of each lot and each lot n red, consecutively omitting all ~~~ designatio s. -3- , ~ .., (. -_.- 1-- !"O~ TENTATIVE MAP OF SUBDIVISION OF E'IVE OR MORE LO'rS (con' d) j , The outline of any existing bu:i,ldings to remain in place and their locations in relation to existing or proposed street and lot lin~s. K. Approximate location of all ar as subject to inundation or storm water overflow and th location, width and direction of flow of all water Fourses. , -5. Information in statement--The stafement to accompany map '" t.ain the following information: ' a. Existing use or uses of the rty. b. Proposed use of the property. fproperty is proposed to be used for more than one pu pose, the area, lots or lot proposed for each type 0 use shall be shown on the tentative map. , ! C. If _tor'" ._r .",1HU.. ~ .~ other th", the City of Arroyo Grande--a report from the Health Officer of the City of Arroyo Grande ap roving the water supply system and method of, sewaqe dis sal and lot sizes relative thereto. ' d. The manner ~nWhich' all utility service8 are planeed to be rendered to the lots in e subdivia1on. If it is planned that 8Uc:b serVices s all be 'rendered by ~lic utilities. The ~ntativ Jlap shall be accomp- anied by a stat.,.ent from the lie utility com- panies Who will render the serv O6s indicating that they will render ',such, services stating the candi- tions upon WhiCbthey will re r serV'ic:e8, and stating that the' right-of-way or their lines, as indicated on the 'l'entative .,P, are satisfactory. e. Public areas proposed, if any. i f. Type and locatiOn, of trees to ~ planted. g. A copy,; of restrictive eovenan shall be attached to the owner's sta~ h. JUstification and reasons for y exceptiilons to provisions of this resolution. Planning ~1ssions 4 -6. Planning Ccu.i8sion Approval-- shall determine Whether the tentative map is in conformity with the provisions of law and of th.:l:s Chapter, and upon that basis within thirty day" after the fllinq of th tentative map, approve, conditionally approve, or disapprove the ame and shall report such action direct to the subdiv,ider and 1 also'tran8lllit to the City Bngineer a copy of the tentative P, and a memorandum setting forth the action of ,the C~iS8io thereon. -4- : l I ------ I "nnine; COlTUTlission may require the s~bdivider to set, aside :it to the subdivider the advisabil ty of dedic,J t.J "9 sui t- tor the parks, playgrounds and scho ls and other p,lblic ,J.... '--'8 that will be required for the u e of the populdtion .. !.,-"nded to occupy the subdivision un er the plan of proposed U",,:s therein. In all cases, the Plan ing Commission shall C) tik subdivider such measures as wil 'make for excellence ,( :ltial, commercial or industrial devel pment. ], P1.anning Commission may refuse to app ove a tentative map '.,. only practical use which can be ,made f the property pro- (j De subdivided, is a use prohibited by ordinance or if the , ..'/ :Ls deemed unhealthful or unfit for h n habitation or 'cy by the Health Department of the City. FIVE. Final Map- I L Filinq--Within nne ye= after appr' of conditi=al , of the ~entative map, the subdivider all cause the sub- \ or any part thereof, to be surveyed a a final map there- '~red in conformance with the tentative pas approved or :onally approved. i The original tracing and one dupli ate tracing and direct line prints of the final map of e subdiviaion shall :d with the 'lanning Coma1ssion together ith a checking fee dollars per lot, sh~ on the final map, pa~nt to be made office of the City Clerk. An extension of tu. for filing final map may be gr... by the Council pon reco..endation Planning Commission providing written ap lication is made by o'jbdivider within one year after action on entative map. At the time of the filing of the f nal map with the 'lOg Commission the subdivider shall also f le therewith the ."I\ng: In the event any dedication is to mac:lo for the public use, a dedication or Map Certificat , i*sued by a Title Insurance Ooapany in the na.e of the oWner of the land, issued to or for the benefit and pro ection of the City of Arroyo Grande, showing all partie. whose consent is necessary to their interests therein, cept where the land embraced in such subdivision is regis ered, under, the Land Registration Act (Torrens Act). If eland is so registered, a certified copy of the certif cates of title shall be furnished. , , , The instrument prohibiting traffic over the side lines of a major highway, parkway, street r freeway, when and if the same is required under Section. A traverse sheet giving latitudes d departures, showing the mathematical closure of one in not less than ten thousand (10,000) and the computation f all distances, angles and courses shown on the final map, ties to existing and proposed monu.ents, and adjacent subdi ision, street corners, or highway statiofts. 5 -2. Form of Final Map- 'l'he final subdiv sion map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, figures, certifications, acJtnow edg...nts and sig natures shall be made in black India ionJt. Type iUng or rubber stamps shall not be ~sed. The map shall be 80 de and shall be in such condition when filed that good legible lue prints and negatives can be made therefrom. . , i -5- ': i: ,0 "_.P_,_____._._.._ I ----. The s1 ze O,f the sheets of tracing cloth shall be f. igh teen by twen ty- seven inches (18" x 27") leaving a margin of two nches (2") at the left edge and one inch (1") at the other three ed es of the sheets. The scale of the final ,map shall be not less than one inch (1") equals one hundred (100) feet. , , When the final map consists of'.ore than two sheets, a key map showing the ,relation of the sheets shall be place on sheet one. Every sheet comprising the map shall bear the sea e, north point, legend sheet number, and the number of sheets COllI rising the map. ,;( Whenever the City Bngineer has established a system of co- ordinates'then the survey shall be tied into such system. The map shall. show clearly what stakes, monuaents or othe evidence were found on the gro~d to determine the boundaries 0 the subdivisior.. The adjoining corners of all adjoining subdivisio shall be iden- tifiedby lot and bloCk numbers, subdivision ~ame and place or re- cord, or other proper desiqna~ion. ' , The map lIhall show all info~tion, data, an IIIOnUllliilnts nece,. sary to locate ,and retrace any an(i all exterior undary lines, aLe. lot and block lines. It shall also show bearings and distances of straight lines and radii, central angle and a~c 1 ngth for all cUr' and such information as may be necossary to date ine the locatiou of, the centers of curves, bearings and tangent di tances and radj., central curves, center line leng-tha, radii and .. t:u, and center '11ne intersection points shall be shown. All lot lines shall ha.jr a distance and a bearing, no ditto marks shall be used. Whenever the City Kngineer has established t e center 11nl' a street or alley, adjacent to or in the proposed subdivision, data shall be shown on the final aap indicating a 1 monuaents and making reference to field book or .ap. If th points were set by ties, the course and detail of relocation ata used by City Engineer shall be statea. The map shall show the location and dascript on of all In',' menta founa in making the survey of the subdivisi n, The final aap shall particularly define and signate d 1 ; or parcels, including those reservea for priv,ate urposes, "j parcels offerea for aeaication for any purpose, w th all dlm,; bounaaries, ana courses clearly shown ana defined in every (" Parcels offered for aeaication but not acceptea s all be de, by letter, ana private streets offerod but not ac epted for tion shall have the words "Not a Public Street". , I 5 ....3. InfoI11lation--'1befinal map shall be ptepared iIC ( comp11ance with the following requirements. , , , The final map shall show the line of high wa~er in ca~:e subdivision is adjacent to a stream, channel or a y body of " and shall also show any area subject to periodic nundation ", water, or any land intended to. be filled. , The boundary of the subdivision shall be desrgnated Ly inch border of transparent Prussian blue color ap lied to t side of the tracing and on the face of the blue 1 ne prine' border shall not interfere with the legibility of figures ' data. Streets and other right of ways, the maps Srall shu. center and the side lines of all streets, the tot 1 widt'c streets, the width of the portion being dedicated and Lh'. existing dedications, and the widths each side Of, the ('('),' I -6- I :>hall show the side lines of all e:asements to which the (1)Ject. The easements must be clea y labeled and identified ,"dy of record, its recorded refere ce given. If any ,c not definitely located of record, statement of such m~st appear on the title sheet. Eas ents for storm drain, ,d other purposes shall be denoted by ine dotted lines. Build- :; shall be indic'ated by dotted lines 0 the same width as the 'loting street boundaries. The width 0 the easement and the 'end bearings of the lines thereof and ufficient ties there to 'E'J.y locate the easement; with respect to the subdivision, must ;O.,!'). If the easement is being dedicated y the map, it shall be ,1.'1 referenced in the owner's certificate of dedication. " . 'i boundary lines crossing or bounding ~e suDdivision shall ,dy designated and referenced. i "",' desi_ti~ shall be _tted. Lotfn "'11 c=tinue 'dtively throughout the subdivisions, wi no omissions or dions. All letters and figures shall conspicuous and solid. :,all not obliterate dimensions or course . i': ",' total width of all streets 8-hall be ilh~' as well as the !l, of. right of way for flood control or d inage channels, and ."l<,r right: of way. ! ! ;, order to avoid dupli,cation, names to ..,,_ 1 .- ~- ." 0e suDject to the awroval of the City PI ing Commission, " other agency de.1pated by the govemin ~y. If any "dtions be numbers, they shall be spelled t coapletely, using ,'"ens in such forms as 'f'Iwenty-third Street,. the words . Ave- Boulevard, . .Place-, ete, shall be shown n or arrowed to the 'd'ted portion. rhe map shall also show all other data that \ is or aay be re.... ,""c. by law. : 5 -4. Certificate' and Tax SO"--'" "''"1ing cartific,te. an' ;:nowledqe.ments and all others. now or he re inaf , er required by laws ill appear on the final map, such certificate may be COIIIbined 1., re appropriate. , ' , a. owners certificate, a certifica signed and acJtnowledqed by all partieshav ng any record title .interest in the land subd vided, consent- , ing to the preparation and reco tion of said map, provided, however, that th ,signatures of parties owning the following t sof interest.. may be OIIIi tted if their nDleS. the nature of their interests are set forth 0 the map. (1) Rights of way, eaae_nta or othe interest none of which can ripen into a fee. (2) Rights of way, e_ementa or reve sions which by reason of changed conditions, 1 9 disuse or Iachef! appear to be no longer of practical use or value and which signature it' a 1apoasible or impractical to Obtain. In this aee, a reason- able statement of the circumatan es preventing the procurement of the signature shall be set forth on the map. Any subdivision map including la d originally patentAtd by the United States or the State of California, under patent reservi g interest to either or both of these entitles may be re- corded under the provision of th s Chapter with- out the consent of the United at tes or the State of California thereto, or to ded cation made there- to. -7- -----------.._---- -- .- ..-- ,).oication Certificate. A certificte slgn0G ~nQ "'knowledged as above offering for edication all JArcels of land shown on the final ap intended for dny public use, except those parcel other than streets, which are intended for the exclusive use of the lot owners in the aubdivisio , their licen- nees, visitors, tenants and 'servant A certificate for execution by the ity Engineer. . A certificate for execution by the ~ty Planning Conuuission. I \ A certificate for execution by the C ty Clerk. A certificate for execution by the Recorder. ,. Engineer's Certificate. A certifica e by the Civil Engineer or licensed surveyor respon ible for the surveyor responsible for the survey final map. The signature of such Civil Engineer or Surveyor un- less acc~d by his seal must be attested. h. A certificate for execution by the '1"ax Collector. \ Certificate for Tax Bond forexecuti n by the County '.. Clerk (if applicable) ..-aenever any part of the SuD- division i8 subject to a lien for t es or special assessllents collected as taxes whi are not yet pay- able"tbe final asp ahall not be rec rded until the owner or subdivider executes and fil s with the Board of S~rvisCDrs of the' C:ounty wherein any part of the subdivision:l1M! located, a good and ufficlent bond to be approved by the Board and by, its naa' Mde to in- , sure to the benefit of the County cOAdi t10ned upon the payment of all state, County, .ipal and local taxes and all special assesaments co ec:ted IUI, t,axes, which at the t1llle ~" the final aap recorded are a lien against the property, but which re not yet pay- able ~ In lieu of a bond, a deposit y be made of JIIOney or negotiable bonds in the same .-au and of the kind approved for securing. deposits of ic IIIOney. 5 -5. Action on Pinal Jlap--Approval by CU lIDgineer. Upon . \,;ceipt of the final map and other data suJ:a1t therewith by the fJ.ianning COIIDIIission, said..p an4' data shall be. eferred to the City ~;"sineer who shall exaaine such. to determiD8 th the eubc!1viaion as jl)own is substantially the s.ame &8 it appeared the ten~at1ve map, and any approved al terationa thereof,. that all' ovisions of the law and of this resolution applicable at the t~ 0 approval of the tentative map have been complied with, and that e is satisfied that the map is technically correct. If the City B ineer shall determine tha t full conformity therewith has been _de he hall so certify on said map and shall transmit said -p totbe arming Ccmmission. In the event a subdivision is partly in the Cit and partly outside the City, the County Surveyor zmd the City Bngi ear shall enter into an agreement by and with the consent of their re pective governing bodies, providing that the County Surveyor IllAY rform the duties prescribed for the City Bngineer in this paragra or providing for an apportionment between them of said duties. '!'he ounty Surveyor I when by such agreement all such duties devolve upon h , may after his performance thereof make the aforesaid certifica ion upon said map and, when by such agreement said duties are appo ioned between the I , ! -8- '~~ I i -..- L '\','yor and the City Bngineer, it shalJ. be suff icicnt, if : "fter the performance thereof, make! a certlficaUon on .' i:.ouching the duties performed by ea~h after which the p" . be transmitted to the Planning Conunission. :'1' Jroval of Plann1ng COllUll1ssion-Upon retu n of the final map '," I", C 1 ty Engineer, the Planning COlIDI\iseion hall examine the same , Irmlne whether sa1d map conforms with th tentative map and , ,J changes permitted and all requirement imposed as a condi- '" Hs acceptance. If th\ll Planning COIIDI\i sion shall determine h," said map confor1ll8 'with the tentative p and with all changes " ,Itions that muat be made for such parpos and shall accord him ",'rtunity to lUke s_. If the Planning cnaission shall there- , \.(,rmine that said ..p is in conformity erewith and deter- 1.0 recOlllJll8nd said ..p, it shall certify ita approval thereon secretary shall trana.it s.i~~p to City Clerk, to- '... i th any doc:\uaents which ..y have been iled therewi th for " tion to the Council. I i I 'I,pcoval by COUDcll-At ita firat rOCjJ\llar following 1.I fig of aaid ..p with the City Clerk as a oresaid, following Ling thereof, the Council ,lIhall consider aid naap, the plan 'eU v is ion and thAa offers .. Md1cation. council may re- ny or all offers of dedioation. If the a uncil shall determine .\ld map 1a 1ft ccmforaitywith J:'equir...nt of this O1apter, t is satisfied with the plaa of 8ubcUvisi and ehall accept ':ers ot dedication, it shall ~prove s8id map and thAa City , ,;hall thereupon eo certify upon said ..p. *-n the subdivider ,: have filed wit:b the City Clerk the 8qr nt and bond, or naade ,'posit descuibed in aubd1visioD of thieSe. tion, and w)aen such lUont and DoDd eball have been approved by e City Attorney, , form and 'by the City lIn!Jine.rae to suffi iency, the City .' shall present said IMp to the County "co der and thereafter "rd the a_ with the County "corder. If Council shall de- .nine either that aa1d ..p is not in confocaL y with the require- Its of this Chapter or that it is not satiafi d with the plan<.of ."')i..Livision or if it shall refl.ct. an:y offer or offers of dedication, shall disapprove ea1d aap .pecifying its rea on or reaaons there- 'H' and the City Clerk shall in W1lit1119 advi.e 0 subdivider of ,.Jch disapproval and of the re..... or r...ona or such disapproval. i i thin thirty daya after the COImall hAUl disapp oved any asp the sub- . l vider may file with the PlanninCjJ C<: r isslon a _p altsred to _et ;~'" approval of the Council. In euch c.... the subdivider ahall "onform to all the requi~nts 1JIpoead upon h by thla resolution ,men filing the firat final _p with the PlanDi C~ ission. Ho ,nap shall have anyforco or .f~tll the e .'haa been approved by the Council and no titl. to a,r,property cS.t8 ribed in any offor of dedication shall pails until tJut.... has bee approved by the Council and no title to any propertydescriDed ,any offer of de- dication shall p&88 until the C1t:y Clerk h.. r r4ed said naap with ~.he County Recorder. Maps filed for the purpoae of revertinq e~iVided land to acreage shall De conspicuously .. aeei9na~ wi the title "the purpoae of thla map is a UVBRSIOII TO AC.....f . The subdivider shall provide tho Cit:r W1~~duplicate tracing or Van Dyke copy of the f1rlal map and cert.ifica ah.et after the same have been recorded showing the record1nqd thereon. -9- .~ '.~ --~^ --. ---..---..-- -~--- t i. ' Agreement and Bond for Improvemen --Upon the approval by ,'OJ 1 of the final map the subdivider s> 11 execute and file an :l~' between himself and the City spec if 'ng the period within , snall complete all improvement work t the satisfaction of "i ", Engineer, and providing that if he sh 11 fail to complete , !:" w.lthin such period the City may comp ete the same and re- the, full cost and expense thereof from e subdivider. Such (','ement may also provide .,the following: i I a. For the construction of the ~provements in units, ! b. For the extension of time undtr conditions therein specified. c. For the termination of the ag eepnt upon the completion of proceedings und ran assessment district act for the construe ion of improve- ments deemed by the City Bngi eer to be at least the equivalent of the provements speci- fied in said agreement and re ired to be con- structed by the subdivider. d d. For progress payments to the ubdivider, or his order, from any deposit ey which the subdivider may have made in 1 u of providing a surety bond, as provided by the next succeed- ing section, provided howeve . that no such progress p&yJllent shall be mad for IDOre than ninety per cent of the value f ,any install- ment of work and provided tha each such in- stallment of work shall be c pleted to the satisfaction of the City Bngi er. The subdivider shall also file Wi the aforesaid ': reement. to assure his full ,and faithful pe OrmaDCe ~reof. . bond for such S\IDI as ia by the city EnCJinee d....d sufficient :D cover the cost of said iaprovements, engin r1ng, testing and incidental expenses. Such bond shall be execu d by a surety 'ompany authorized to transact a surety busine s in the State of California and m\B t be satisfactory to and approved by che City Attorney as to form an4by the City" gineer as to s..lfficiency. In lieu of sa1d bond, the eubdlv der may deposit '.' L th the Ci ty Treasurer cash IIQney in an amOWt fixed as afore- sd.ld by the City Engineer. In the event the sUbdiv1der anall fail t CCll8plete all im- provement work in accordance with the provisi of this. Chapter a,1d the City shall have cOlDploted s.... dlr if e ,subdivider shall fc.ll to reiaburse the City for the coat of i~ ction, engineering, and incidental expenses, the City anall call 0 the. surety for reim- bursement. or shall appropriate frea any cash posits funds for reimbursement. In any such case, if the, aaoun of 8urety bond or cash deposit shall exceed all cost and expense incurred by the City. it shall release the remainder of such bOnd or c.eh deposit and if the amount of the surety bond or cash deposit hall be less than the cost and expense incurred by the City the Ubdivider shall be liable to the City for such ,difference. I SO oxten.ion of t.... p"",re.. .....nt. f~ c... depooit.. 0< releases of surety bond or cash deposit shall made except upon certification by the City Bngineer that work c vered there~"ha8.,been sa.tiafac1td~y completed and approval of the Co eil. -10- I ~--._--- -..--..- . ^"---- I \ . i '. cC'.) J..l:c--Upon the approval ~ the Councll 01 the ' "u.odivider shall deposit the Ins ction fee wi ::h the City cnspection fee to be in the amount , two percent (2%) of ITIent costs. ,Jr:.c; , s,I&:.. General Regulations and Design- ,'1.. Streets and Highways--The Street a d Highway design shall ,",' " i c;uLh in width and alignment to any Mast r Plan of Streets and , 1, .~ , ')", ,,:p~roved by the Council and right-of-w y for any such street i i ",wi.y lndicated on said Master Plan shall e dedicated. T~l'-' street and highway design shall confo to any proceedings ,:,BY the subdivision, which may have been nitiated by the Council '\Dved by the Councilupori initiation by 0 er legally constituted of the City. ec,unty, or State. If a par el of land to be sub- ',', includes a portion of the right-of-way 0 be acquired for a [Leeway or parkway. and the council shal determine the bound- ,[ the right-of-way to be acquired. the s clivider shall either . <: or witbboJld frOlll subdivision all the a ea included in said '..-way. i . . General Design Conditiona--All street shall. as far as practicable. be in aligAment with exi ting adjacantratreets by continuations of the center 11nea ereof or by adjust- ments by curves aad shall be inn qene al conform! ty wi th the plans of the Planning- ,........i ssion or the III08t advan- tageous develOpment of, the area in wh ch the subdivision lies. Streets shall be required to intersec one another at an angle as near to . right anqle as is racticable in each specific case. Where necessary to qive access to or rmit a sat1sfactory future subdivision of adjoin1ng land. treete shall extend to the boundary of the prOperty and resulting dead- end streets may be app~ed without a urn-around. In all other cases a turn-~ having a .i radius of forty- five (45) feet. ahallbe required. b. Intersection COrner aounding--Wheneve a major street or State Highway intersects aay other e eet ,or highway. the property 11nes at each block c:tIrners 11 round with a curve having a radiU8 of not les. th thirty feet. On all other street intersections the proper "line. at each block corner shall be rounded with. e having a radius of not less than twenty feet. In ei r cue, a greater curve radius 1118Y be required if stree intersect other than at right angles. c. CUrves Radiua--'l'be center line curve diua on all streets and highway shall conform to accepted ngineering standards of design and shall beeUbject to app a1 by the Oi ty En- gineer. MiniDIwDradii_jor stroetSl 00 feetl secondary streetsr 350 feetl local atreetsl 100 eet. d. Grades of streets and highways--Grades shall not exceed 10 per cent on pjor residentialstree ,or 15" per cent on any street, unlessb!aCaU8e of topog aphical conditions or other exceptional conditions, the ty Bnqineer deter- mines that a grade in exceas of 15 per cent is necessary. e. Streets and Highwaywidths--Streets an highways shall not be less than those hereunder.' All st ets shall be graded property line to property line. Balf treet,s on boundary lines of tracks will not be permitted- The width of right- of-way herein referred to includes rigt-of-way for curbs, parkways, and sidewalks. -11- . ~ . . ~ ,. " 5', ',' ( .', "', ~---~- ---. grs AND HIGHWAYS '".ldth of major streets and h.lghwaY$ shall in n,,) 'Cl.;t"~ ,'On one hundred (100) feet and ~ighty (80) feet ::<,:~:;')cct- "Y STREETS -' "ndard width for all secondary stree1s shall not be less ,ty (601 feet. i , ()R CUL-DE-SAC STREETS i ! '", width of all cul-de-aac Streeta ah~ll not exce,d 400'. "lusual tc:>pographic conditions exist, lanning Cormnission ",,{: addit~onal 100' but in no case sha 1 the length exceed ! IiIDTHS- , , Service Roads and Off-Street Parki --When the front of any lots proposed for co~ercial u ge front on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a ervice road to pro- vide ingress or egress to'and from uch lots or in lieu thereof, if approved by thePlannin Commission, the subdivider may ,dedicate for public /iI.e and improve, an area adjacent to such lots, for off street parking purposes. When the front o~ any 10 s border any free- way state highway or park way, the ubdivider may be required to dedicate and improve a ervice road, the Planning Commission may require ade ate off-street parking areas for all lots proposed for c~rcial usage. Where off-.treet parking is required the min- imum shall be at a ratio of one foo parking space to each fifty (50) foot of building space. g. Non-Access and PlantingStr1ps--Whe the rear of any lots border any major or secondary treet, highway or parkway, the subdivder may be requi ed, to execute and deliver to the City an in.trument, eemed sufficient by the City Attorney, prohibiting e right of in- gress and egress of the rear of suc lots across the side lines Oflsuch streets or highw ys. When the rear of any lots border any freeway state highway or parkway the subdivider may be re uired to dedicate and improve a planting strip adjace t to such parkway or freeway. h. Alleys--When any lots are proposed 9r commercial or industrial usage, alleys at least 'irty feet in width may be required at the rear thereof with adequate in- gress and egress for truck traffic. Any alleys pro- pos~d in'residential subdivisions s all have a mini- mum width of twenty feet fully grad'd.andimproved. i. Street Names--All street names shal be as approved by the ~lanning Commission. , j. Acre or large lota >ubdiViaiOna--~re a parcel of land is subdivided into lots of one half acre to one or more, the Planning Commission m y require that " I , -12- , , , I ----------.-- , blocks shall be of such s~ze and IJ'hap<, and be ',0 c]j v lded '0 lots as to eliminate the possibi~ity of d request for (Jing or extending a street at somE! location in tne block 'Jrder to provide for additional 101\s. In the event the Planning Commission 'recommends an excep- .on to the maximum ).ot depth of one undred fifty fee,t, (, ',;()) it may then require the subdivi r or developer to ,; LEer for dedications full width rig t-of-way for a future 3treet at such intervals as will perm't a subsequent di- , !) "iOI1 of any parcel into lots of no 1 size. ::. Easements--The .subdivider,shall gra easements of reason- ',:' but not less than five feet in width for public utility, Gewer and drainage purposes on each 8i e of rear lot lines, '.e lot lines, and in planting strips wh rever necessary, pro- '"<,,ments of lesser width may be allowed en at the determination ',ty Engineer that the purpose of easeme ts may be accomplished ,,;nts of lesser. width and provided furth r that in such deter- the City Bngineer shalll,pcaeeribe the width of such ease- Rasements of overhead wire lines, shall be provided at the d II lots, except where alleys are avail Ie, and in conti- cations to permit anchorage, line conti uity, ingress and Dedication'of easements shall be to th City for the pur- lIlstalling utilities, drainage, planti g strips and for .!)lic purposes. -3. Lots~-The size and shape of lots sh 11 be in conformance ~oning regulations effective in the area of the proposed sub- ,.;)1 and shall not be less than sixty feet in width, nor less i ve thousand four hundred square feet (54 0) in area, nor less l',!hty (80) feet in depth no more than on hundred fifty feet In depth. i <h. Pl,oninq C...,..inn .., "",""""nd ~. qr.ntinq nf .x- LOns to this provision where lots are to be used for commercial ,rrdustrial purpose,s or where'there are unusu 1 topographic con- Lons, curved OE cul-de-sac streets or other pecial conditions. The side lines of all lots, so far as ~ssible, shall be clght angles to the street which the lot fac s, or radial or ,,'loximately radial if the street is curved. ! No lots shall be divided by a city boun ary line. LOts without frontage on a street will ot be permitted. No lots, other than the corner lots, ma front on more than one street unless necessitat1ed,by topographic or other unusual conditions and approved b the Planning Commission. , i 6 -4. Set back lines--Building set-back Itnes shall be 20' .'. ,s required by the Planning Commission and s all be indicated by "o.otted" lines on the Subdivision Map. I 6 -S.Walkways--The subdivider may requir; to dedicate and ~mprove walkways across long blocks or to provi e access to school, parK, or other public area.' i 6 -6. Water Courses--The subdivider shall subject to riparian rights, dedicate a right-of-way for storm drain ge purposes conforming substantially with the lines of any natural wat r course or channel, stream or creek that traverses the subdivision, or at the opt~on of the subdivider provided by dedication further a d sufficient ease- ments or construction, or both, to dispose of s ch surface and storm waters. -13 ; i , --- - ___n ! .,,," 'er P l~--ln all r.epe"', 'M ern ,. ,on ",>1 b. " relatJ.on to the Master Plan of th. City, or any ?art " ,celiminary plans made in anticipat on tn"reof. :JJ"..d Restrictions--A copy of the prfPosed Deed RestrJ.c- . , .able to the subdJ.vision shall be fi ed with the PlannJ.ng .'.\' "L the time of filing- . the Final Map. . " . Land Subject to Inundation-~If any rtion of any land '1. boundaries shown on any such Final p, is subject to ' , Lnundation or flood hazard by storm w ter, such fact and lon shall be clearly .hown on such Fin 1 Hap enclosed in a " each sheet. of said map. J,,;VIi.N. Improvements and General Requir ments- " The following shall constitute the intmum improvements tOr all Subdivis10ns. These. improveme ts shall conform to luired in the Standard Improvement Spec fications prepared :ty Engineersi reco_nded by the Plann ng co.aission.and oy the City Council, copies which are 0 file 1n the office Lt.y Engineer. Clty Planning Cooml..... ..y ...... ~'10D0' wlth the . reI' 810t forth 1JIIprov8lQ8ntsand ,tant va iences thereof when circumstances and. .conditionswarrant it."The Planning cun or the City Council May require su other construction j may find necessary. ; ';,.provement work shall aot be c.Clllll!lenced un il plans and profiles ,en work have been sw.itted to and approv ; by the City &n- . Such plans may be required before appr al of the final map. :.ch plans and profiles shal.l be ,prepared :D 22" x 36" Plan- .1,.1", Cloth or tracing cloth. 'the scale sha bt= 1" - 40' hori- ',..... and 1"- 40 vertical or a. required Dy th City Engineer. ,:e tracings shall be U8IIended to ".\a-Built" ana upon COIIIple- ':oj, of the 8Wxlivision improvements IUld s\lblait d to the Ci ty En- .,,~;r-+..Cost of inspection shall be ~.id by th sWxl.l v ider, as set itch in p~ragraph 5-7. The governing body may disapprovti atentat e ...p of a sub- ~.isionbecause of flood hazard and inundation drequire pr~tec- . .,'., improvements to be constructed as a c:oncUt npreeedentto '.'c'l'oval of the map. a. Streets and Highways--All streets highways sh~ll be graded, rOcked and surfaced to w t1UI and grades approved by the City Bnliioeer and P iog Co.Qisaion. The subdivider ahall .1IIprove the ex na10n of all sub- division streets, highways, or pWll ways to the inter- cepting paving line of any County d, City Street, or State Highway, and.1aprove uutt 9 streets as re- quired by the ~1anning eo..ission. b. fitructures--Struc:tures shall be ins alleCl as deemed necessary by the City BJ1C1ioeer, for drainage, access or pUblic safety. Such structures be placed to grades and to be of a design approv d by the City En- gineer, and according to the standa d Improvement Specifications in' effect.! c. Concrete Curbs and Gutters--Concre curb and gutters shall be installed to grades and de ignapproved by the eity Engineer, and according to the Standard Im- provement Specifications in effect. -14- . _._--_._--_.~--- "'ewalka--'idewalka ahall be in!,alled. 'uch lnstallation to be to grades, wi ths and thic](ness approved by the City Engineer, a d according to the Standard Improvement Specificati ns in effect. ,',-. Sewers--Sanitary sewer facilitie connecting with the eXisting City sewer system where available shall 'be installed to serve each lot, and to grades and sizes approved by the City Bngineer an according to the Standard Improvement Specificati ns. No septic tanks or cesspools will be pe~itted, xcept Where approved in writing by the City Health Of icer. storm water Sewers shall be installed as re ired by the City Engineer. Where existing sewers are not adequate to serve new sUbdivisions, the s divder may be required to connect with sewers at can adequately handle the additional load. Whe further development appears probable, beyond the pro sed sUbdivision, the sUbdivider may be required to in all larger sewers to handle suCh additional developme f. Water--Adequate water supply and istribution system, water mains and fire hydrants co ecting to the water system serving the City shall be nstalled by the sUb- divider, sUbject to approval by e City Bngineer and in accordance with the Standard provement Specifications. Fire Hydrant Heads.furnished by e City will be in- stalled by the sUbdivider. Where ,further development appears probable beyond the pro ed subdivision, the sUbdivider may .be required to ins all larger water mains to handle suCh additional develo nt. g. S'ree' "ee.--Street tree. nnt ~. than one on each lot or more than 60 feet apart sh 11 be required. They shall be of a typo recommended approved by the City Bngineer and planted in locations approved by him. h. Street Lighting--Street lighting~hall be required. Lighting shall be of a type and locations approved by the City Bngineer. ' ! 1- Street Mame Signs--Street name si ns shall be installed at each intersection, suCh signs be approved as to type and location by the City Bn neer. j, Monument8--Pe~anentiron pipe m uments of a type approved by the City Bngineer an 1 be set at each boundary corner of the sUbdivisi , along exterior boundaries at intervals of not 0 r five hundred feet, at the beginning and end of pro ty line curves, and at any other points as may be re ired by the City Bn- gineer. Concrete monuments depressed bel street grade with cast iron ring and cover of a ty approved by the City Bngineer shall be set at interse tions of street, center- line tangents or off sets theref , and Where such, in- tersect on private property, at e beginning and end of the centerline curve or offsets erefrom. The exact location of all such monuments s 11 be shown on the final map before approval is req sted . -15- , ---, '-- L -- ----~-_._.._----- , <,,,vatlon benchmarks--Permanent e1evaU 0n" i;11illi bc' ';,,/Cn on all street monumem::s and ireferreci Lo Clty datum" Elevations shall be shown 'on the Construction hP.S Built" Plans. i~y monuments or bench mark as re uired by this resolution that is disturbed ,'or destroyed b fore acceptance of all improvements shall be replace by the subdivde,r. Monuments ,and bench-marks shall b set before any im~ provements may be. accepted by the Council unless excep- tion is ,recommended by the City E gineer and approved by the Council. .:CIGHT. Exceptions- a. Application--The Planning Commis ion may recommend tha~ the Council authorize condl ional exceptions to any of the requirements and regu at ions set forth in this resolution. Application fo any such exception shall be made by a certified pet ion of the sub- divider, stating fully the groun of the application of the facts relied upon by the' titioner. Such peti- tion shall be filed with the ten tive map of the sub- division. In order for the pro ty referred to in the petition ,to come within' the ovisions of this s'ection, it shall be necessary t the Planning Com- mission shall find the following acts with respect theretoz (1) That there are epecial ci tances or condi- tions affecting said property. (2) , That the exception is necess ry for the preser- vation and enjoYment of a subst ial property right of the petitioner. (3) 'That the granting of the IUtC ption will not be detrimental to 'the pUblic welfare or injurious to other property in the vicinity i which said property is situated. I , b. Planning rnmmission Action~-In commending such ex- 'ceptions" the, Planning Commissi n shall secure sub- stantially the Objectives of the regulations to which , the exceptions are granted, as light, air, and "the public health" safety, conv ience and general welfare. In recOllllllend1ng the authorizat:i of any exception under the provisions of this ae ion, the Planning Commission shall report to the, uncil its findings withre~ct'thereto, and all f tsin connection therewi , and Shall specifical y and fully set ~orth the exception recommended and the conditions designated. ' c. Council Action-~upon receipt of such report the Council may by resolution autho ize the Planning Comm~ssion to approve the tenta ivemap with the exceptions and conditions theC uncil deeas neces- sary to substantially secure th Objectives of this Resolution; -16- ! I , f I , I ! r" i I..ppc', Noticc--Appeal may be made to t;he Council from any decision, determination or IrequiI:'ements of the Planning Commission or City En ineer by filing a notice thereof in writing wi the City Clerk within ten days (10) after sue decision or de- termination or requirements is ' de. Such notice shall set forth in detail the tion and the ground by and upon which the ,subdivid deems himself aggrieved. ' , , \ b, Report-_The City Clerk shall r rt the filing of such notice to the Planning C ission and the City Engineer. A written report sh 1 be submitted to the Council by tb,e party whose ecision, determin- ation or requirement is upon ap al. c. Action on Appeal-TheCOUucll a ita next regular meeting following "the filing of said appeal for hear- ing to be held within ten days ereafter, and such hearing of said appeal the Coun ib...y overrule or modify the de<:isi,QD,detezminat on or requirement appealed from and 'enter any su order or orders as are in harJlOnywith the spir t and purpose of this resolution, apd8Uch dispo it ion of the appeal shall be final. "I..ON TEN. Injunction or other ,l8medies. In addition to penalty provtded in, this esolution for the ation of any of its provisions, nothing h rein contained shall eerned to bar any legal, equitable, ors ry remedy to, Which City or otherpol1tical subdivision, or y person, may other- i be entitled, and. the City or any other litical sUbdivision l~rson, may file a suit'in the superior rt of the State of 1 Hornia, in and for the County of San Luis iapo to restrain " enjoin any attempted proposed subdivision r sale in violation i: this resolution. SECTION KLBVBIl,. validity-- ~ '; .J....-.. f' ~A'" ,,' If,any section, sUbsection, sentence, cl us., or phase"of this resolution is for any reason held to be inval d or ,unconstitutional by the decision of any. court of CC*P8tent jur a4iction, such de-' cl.sionshall not affect the validity of the , 1ning portions of the resolution~ The ,City Council'of ~royoG an~, State of;Cali~ fornia, hereby declares that it would have pa sed this resolution with each section, suPsection, sentence, cl , andphraae thereof, lrrespective' of the faCt that any ,one or mo~e sections, subsections, claufles, or phrase. be, declared invalid or un natitutional. SECTION TWBLVII. Penalty , , Any individual, firm, association, syndi te, co-partnership, corporation, trust or any other legal entity, ,priD~ipal, agent, or otherwise, viola tin<] any of the provisions f this resolution shall be punished by a fino of five hundred t 00.00) or imprison- ment, for not more than six (6) months, or by th such fine or imprisonment. ' SECTION THIRTBBJi. Repeal Any ordinance, resolution, section or s ection thereof in ,conflict with this resolution or any of the p visions thereof, to the extent of such conflicts and no further, e hereby repealed. -17.... : .- , , i I I " ,On motion 'of Councilman Lee, seconded by Councilman ::-,:nccz and by the following roll call vote, to wi t: l\.'iES: COUNC:U"B BURT" LBB, PBNCE AND BAR'l'WIG. NOES: BOMB ABSENT: CQOIICILIfNI JACOB8 r~1e toregoing rellOlut.1onwall adopted thi. :J.. tj t4 day of r1~ jQ.;,1 . ( , k ~r(j. ~