O 002 C.S.
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~. ORDINANCE NO.2 C.S.
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ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
..... CHAPTER 3 OF TITLE 9 OF THE ARROYO GRANDE MUNICI-
~ .., PAL CODE RELATING TO SUBDIVISION REGULATIONS.
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
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Section 1. Chapter 3 of Title 9 of the Arroyo Grande Municipal Code is amended
to read as follows:
Section 1. 1 The City Council of the City of Arroyo Grande, State of California,
in conformity with the provisions of the "Subdivision Map Act" and the "Land Sur-
.. veyors Act" as now embodied in Div. 3, Ch. 15, Land Surveyors' Act, Sections
8700-8805 inclusive, and Div. 4, Part 2, Ch. 2, Subdivision Map Act, Sections
11500-11641 inclusive, as amended.
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.. Section 1.2 Purpose.
.-. a. For the purpose of promoting the public health, safety, con-
venience and general welfare.; the design, improvement and survey data of subdivi-
sion; and the form and content of tentative and final maps thereof; and the proce-
. . dure to be followed in securing official approval thereof shall be governed by the
. . provisions of the aforesaid acts adopted by the Legislature of the State of Califor-
nia, and by the additional provisions of this ordinance, and shall comply with the
.- provisions of the General Plan and Zoning Ordinance.
b. Further, it is the purpose of this ordinance to encourage
.. new concepts and innovations in the arrangement of building sites within subdivi-
sions. Deviations from the traditional mechanical approach to the subdivision of
, . land are encouraged in order to facilitate the ultimate development of the land in
a manner that will be commensurate with contemporary living patterns and techno-
logical progress.
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Section 1. 3 The Planning Commission is hereby designated as the Advisory
c. Agency with respect to subdivisions as provided in the Subdivision Map Act of the
,- State of California.
c. a. The Planning Commission shall have all the powers and
.. duties with respect to tentative, final and parcel maps, and the procedure relating
thereto, which are specified by law and by this Ordinance.
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- Section 1.4 There is hereby created a subdivision committee, to consist of a
member of the Planning Commission, Director of Public Works, City Engineer,
- Fire Chief, Director of Planning (or their designated alternate as approved by the
~..~ City Administrator) . The committee shall have the powers and dutues specified by
this Chapter.
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~.. ., Section 2. DEFINITIONS
Section 2. 1 " City Co u n c i 1" shall mean the City Council of the City of
Arroyo Grande, State of California.
Section 2.2 The designation of any particular officer herein shall mean the par-
,...... ticular officer of the City of Arroyo Grande.
Section 2 . 3 "C i ty Street" shall mean any street, avenue, etc. for vehicular
use accepted by the City Council.
a. 'Thoroughfare' is a street of general city-county importance,
,.... which is a limited access street carrying major traffic through several areas.
b. 'Major' street is any street which carries traffic on four moving
,"- lanes between different areas of the City, and traffic entering from 'secondary'
streets.
r"-_ c. 'Secondary' (collector) street which collects traffic from a sub-
.. di vis ion or area to a maj or street.
,.. d. 'Local' (minor) street is that which is used primarily for access
to abutting properties.
. . Section 2.4 "C i ty Planning Com m is s ion" shall mean the Planning Com-
mission of said City and the Advisory Agency referred to in the State Map Act.
.... ~ Section 2.5 "Condominium, Town H ou s e , C 1 u s t e r" in groups of pri-
vately occupied and owned living areas with common walls or with intervening com-
mon areas in undivided interest.
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Section 2 . 6 " Des i g n" refers to street alignment, grades and widths, alignment
,- and widths of easements and rights-of-way for drainage, water, utilities and other
facilities for public use of benefit, including but not limited to recreation sites; lot
"'-" area, width, depth and shape and pattern as required in this Ordinance.
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Section 2.7 "Easement" shall mean an easement dedicated to and accepted by
_..- the City, which may be revocable or may be continuing and irrevocable unless for-
,....~ mally abandoned by the City.
~. Section 2.8 "Final Map" refers to a map prepared in accordance with this Ordi-
nance, which is designed to be placed on record with the San Luis Obispo County
,- Recorder. 2.
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~ Section 2.9 "Improve men t" refers to such street work, drainage needs
and utilities, or other improvements to be installed, or agreed to be installed
~ by the subdivider on the land or appurtenant thereto to be used for public streets,
r- highways, ways and easements, as are necessary for the general use or benefit
of the lot owners in the subdivision and the surrounding area as a condition pre-
- cedent to approval and acceptance of the final map or parcel map.
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Section 2 .11) " Lot" shall mean a parcel of land established, or to be estab-
lished, by the Standard Subdivision Procedure or Minor Subdivision Procedure,
.- as provided herein.
~ ". Section 2 .11 "Lot Width, Average" - the sum of the length of the front
1"'-- and rear lot line divided by two. In the case of irregularly-shaped lots having
,- 4 or more sides, "average lot width" shall be the sum of length of two lines, drawn
perpendicular to one side line at the widest and narrowest portions of the lot, div-
-. ided by two.
_. "Lot Average"
Section 2 .12 Depth, - the sum of the length of the two
",..... side lines of the lot divided by two.
Section 2 .13 "Lot De p t h" - the horizontal distance between the front and rear
... lot lines, measured in the mean direction of the side lot lines.
Section 2.14 "Lot Line, F ron t" - in the case of an interior lot, a line sep-
,.'" arating the lot from the street; and in the case of a corner lot, a line separating
,- the narrowest street frontage of the lot from the street, except in those cases where
the latest recorded tract deed restrictions, approved as part of subdivision approval,
,- specify another line as the front lot line.
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Section 2 .15 "Lot L in e , Rea r" - a lot line which is opposite and most distant
,..--" from the front lot line and, in the case of an irregular, triangular or gore-shaped lot,
,- a line within the lot, parallel to and at the maximum distance from the front lot line,
having a length of at least ten (10) feet.
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_.. Section 2 .16 "Lot Lines, Sid e" - any lot boundary line not a front lot line
or a rea rIot line.
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~..- Section 2 .17 "Loti Dee p" - a tandem division of land without required access
,. to a public street.
-. Section 2.18 IIOwnerll is the individual, firm, partnership or corporation having
,- sufficient proprietary interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under the Ordinance.
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Section 2. 19 "Parcel Map" shall mean a map showing the division of land
-- into four or less parcels and approved and filed in accordance with law,
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Section 2. 20 "Pedestrian Way" - an easement exclusively for pedestrian
~..~ use.
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Section 2.21 II Per son II - an individual, person, partnership or corpora tion .
,- Section 2.22 " Sub d i vis ion" shall mean any real property improved or unim-
proved, or portion thereof, shown on the 1965-1966 Assessment Roll of the City
as a unit or as contiguous units, which is divided for the purpose, sale, financing
,- or lease, including condominium development, whether immediate or future, by any
person, firm or corporation or their assigns, within any period. The following,
.- however, are not subdivisions within the meaning of this Ordinance.
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a. Leasing of stores, offices, apartments or similar space within
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buildings or spaces within a trailer park.
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-- b. Mineral, Oil or Gas Leases, Cemeteries.
.. c. Leases of less than five years which result in division of prop-
erty into no more than two lots.
,..- Section 2.23 "Subdivision, Deep Lot" - a tandem division of land without
required frontage on a public street.
.- Section 2.24 "Subdivision - M in 0 r" - a di!TLsion of land in to four or les s
.. lots in any time period.
.' Section 2.25 " Sub d i v ide r" shall mean a person, firm, corporation, partner-
.. ship or association who causes land to be subdivided into any amount of parcels.
,. Section 2. 2 6 "Tentative Map" shall mean any map made for the purpose of
.- showing the design of a proposed Subdivision or Parcel Map showing the existing
conditions in and around it, prepared a s required in this Ordinance.
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Section 3. REQUIREMENTS BY TYPE OF SUBDIVISION
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., Subdivision design and improvements shall be required as set out
in this Ordinance.
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.. Section 3. 1 Industrial Subdivisions:
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a. Minimum lot area and width for industrial subdivisions shall
'. be as stipulated in the Zoning Ordinance, but not less than 6,000 sq. ft. and 60'
" in width.
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r- b. Street Design: Street design shall be as set forth in Section
-- 3.6 and 3.7 for industrial areas.
~"- c. Improvements: All improvements shall be as set out in Sections
3 and 4 herein, and standards adopted pursuant to this Ordinance.
V d. Other regulations: All other regulations set out in this Ordin-
. ance shall be complied with in the development of Industrial Subdivisions.
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Section 3.2 Commercial subdivisions:
a. . Minimum lot area and width for commercial subdivisions shall
be 6,000 sq. ft. and 50' average lot width, provided that the Planning Commission
,- may reduce the lot ayea sizes not more than 50%; when the total lot size combined
with land used for parking and landscaping in undivided common interest equals
the required 6, 000 sq. ft. lot size.
,. Street Design: Street design shall be as set out in Section 3.7
b.
for Commercial area.
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c. Improvements: All improvements shall be as set out in Sections
3 and 4, and standards adopted pursuant to this Ordinance.
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d. Other regulations: All other regulations set out in this Ordin-
-, ance shall be complied with in the development of Commercial Subdivisions.
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.. Section 3.3 Residential Subdivisions:
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a. Minimum Lot Area and Width shall be as follows, unles s a
....- greater lot size or width is stipulated in the Zoning Ordinance, except where the
,- lot size is reduced through the use of Section 3.5 herein. The following shall
serve as the criterion for determining gross lot density requirements:
,- b. Minimum Area Where cros s slope does not exceed 7'11;..
..- 1. Comer Lots - 6,000 sq. ft.
,- 2. Interior Lots - 5,600 sq. ft.
.. Minimum Frontage*
c.
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1. Corner Lots - Average width 70'*; minimum width at prop-
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erty line - 60'.
r- 2. Interior Lots - Average width 60'; minimum width at prop-
-- erty line - 40'*.
,- *Minimum width shall only be allowed on culs de sac or where special or unusual
circumstances indicate irregular lots.
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- d. Minimum average depth gO'
e. Maximum ratio lot depth to lot width, 2-1/2:1.
- f. Improvements: All design and improvements shall be as set
~- forth in Sections 3 and 4.
. Where cross slope exceeds 7%:
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Min. Ra tio % of Ground
Min. Min. Average Max. Depth Surface to remain
Topoqra phv Area Frontaqe Depth to Width in Na tural State
7 - 20% 10,000 sq.ft. 80' 110' 3:1 20%
cross slope
20-30% 20,000 sq.ft. 100~ 150' 3:1 50%
, - cross slope
"-..- 30% and Up 1 Acre 150' 225' 3:1 70%
,- cross slope
,...- Section 3.4 General Design and Improvement Standards:
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a. 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 Planning Commis sion. Lots with frontage on more than one street,
expressway or major street category will not be permitted, except corner lots, unless
, - approved by the Planning Commission and when access rights are released on one
.. street.
,...., b. Improved walkways not less than 10' in width may be required
. . through blocks more than 900 feet in length and through other blocks where neces-
sary to provide access to schools, parks and scenic easements.
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... Easements not less than 5 feet wide on each side of all lots and
5 feet wide at the rear of all lots shall be required where necessary for poles, under-
,- ground 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 opin-
ion of the City Engineer and the serving utility. Where utilities are approved for
....- overhead construction, all wood .pole lines. shall be: Iodated .in ;tlre r.ear of lots.
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c. Water courses shall be shown as easements when required by the
,- Subdivis.ionJCommitte'e ,.C\nd.stcmFclrainS..shall be place.cLin:._.easemenis~ when.. p\l1b-.
.. lie right-of-way is not available or adequate. The Subdivision Committee shall re-
,. quire water courses to be placed entirely in underground conduits or adequately
fenced or otherwise improved in accordance with the standards adopted pursuant to
.. this Ordinance. Where sumps are approved to handle drainage as an interim sol-
,. ution, defeasible easements shall be provided for necessary channels and sump
area. Fences required for water courses and sumps shall meet the requirements
L... set out in the City's "Improvement Standards" .
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,- <1. Durable metal monuments consisting of iron pipe approved
"'",- by the City Engineer shall be installed or referenced to the following locations.
......, 1. Boundary comers
2. At intervals of not more than 500 feet along boundary lines.
3. At the beginning and ending of property line curves, prop-
erty intersections at discretion of City Engineer.
4. Lot corners, and in addition set a perrnanent marker in the top
of curb on the prolongation of the side lot lines.
5. Standard monuments shall be placed along the center lines
of public streets and alleys as follows: All intersections, all property intersections
or beginning and ending curves.
e. All lots shall abut on an improved street unless approved as a
"deep lot" subdivision by the Planning Commission, under standards adopted by
said Planning Commission or unless a cluster, town house, condominium or similar
development has been approved under Section 3.5 of this Ordinance.
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,;f~ Building setbacks shall be required at least as great as the ap-
plicable zoning requirements.
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g.': Roads and Streets
1. Existing streets shall be continued as required by the Sub,. .
div.tsion CcimIIiittee .
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. . 2 . Street stubs shall be required to adjacent unsubdivided prop-
erty where, in the opinion of the Subdivision Committee, they are necessary. A sat-
isfactory temporary turn around may be required, as well as the installation of a
standard barrier, to prevent ingress and egress.
3. Streets shall intersect at as near right angles as is prac-
.. ticable . Radius of curvature, where the property lines intersect, shall be concen-
tric with curb radius.
.- 4. "T" or three-way intersections are preferable to four-way
o . intersections on local streets, but center line of "T" street shall not be located
closer than 150' to center line of any other intersection.
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o- 5. Four-way intersections shall not be located closer than
180' to any other intersections measured from the nearest right-of-way lines.
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~d_ 6. Reserve strips identified by alphabetical letter, where re-
required to control access over certain lot lines or over the ends of street stubs,
r"o shall be dedicated to the City.
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7. Alleys shall be required to be constructed in industrial,
- commercial and in multiple family areas where necessary to control access to ex-
pres sways and major streets which have limited access.
8. Cul-de-sac streets shall have the following limiting di-
mensions:
50' Minimum Radius to Property Line
40' Minimum Radius to Curb Line
60'0.' Maximum length of a cul-de-sac to center of turn-around,
except where such cul-de-sac serves nomarethian.twelve
lots and where a loop is provided in the water system.
9. Names for proposed new streets shall be approved by the
Planning Ditectbr e.nd shown on ,the, tenUlt1v.e':tn.ap:.,.: .
10. Streets, rights-of-way and easements in any Standard Sub-
division or Minor Subdivision shall be offered for dedication by appropriate means.
The City may, at its option, accept or reject any such offer or reserve the right to
require future dedicaUon.
"- 11, Streets shall conform as to alignment and width to the offi-
cial Master Plan for Streets and Highways of the City.
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i.:. Curve Radius
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n Minimum center line radius on streets shall be:
'.' Major and Primary Streets 500 feet
,- Secondary Streets 250 feet
Minor Streets 100 feet
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,- Normal' minimum permitted~ r per cent*
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",,,. *Absolute minimum permitted, 0.2 per cent; cross fall across intersections, 0.4%,
when approved by City Engineer.
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~ Section 3.5 Optional Design and Improvements Standards.
~ Where a subdivider by written affirmation signified his intent to
"- enhance the livability and appearance, health, safety, convenience or general
welfare of his proposed subdivision by using new concepts in the arrangement of
.- lots, circulation pattern to serve such lots and by providing permanent Open Space
. - within the neighborhoods in the proposed subdivision, and by providing appro-
priate means of access to blocks, schools, shopping centers and other uses thereby
,- serving and implementing the intent of this Ordinance, he snail usa the: folloWing
..,. procedure:
-- Improved design based on density control and better community
a.
,. environment. The Standards set out in Sections 3. I through 3.4 may be varied only
, when the gross density of an area is not increased and where said design has the
. - approval of the Planning Commission and City Council, and where in their opinion
..-- said deviation will:
.- 1. Produce a more desirable and livable community than the
L.._ minimum requirements herein.
,- Create better community environment through dedication
2.
"- of public areas, or setting out permanent scenic easements or Open Spaces; re-
-- arrangement of lot sizes, reforestation of barren areas.
,- 3. Reduce the danger of erosion.
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b. As an incentive to creating better overall communities, the Plan-
-. ning Commission may authorize deviations of up to 75% reduction in lot size but
-- with no increase in density in ,the overall development. Said Planning Commission
may authorize similar deviations from other standards herein, where said devia-
.....- tions are for the purposes outlined above.
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c. Before any deviation based on improved design shall be author-
.. ized, it shall be passed by not less than a two-thirds vote of the total membership
.... ~ of the Planning Commission and approved by the City Council, upon a finding that
the variation as authorized will result in a community which is a substantial im-
.. provement over the community which could have been developed by following the
....~ requirements set out in Sections 3 and 4.
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.. Section 3. 6 Specific Street Design and Improvements.
......- Street design shall conform to the City of-Arroyo Grande's Engineering
.- Standards, and to the requirements set in the following sections.
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.,. Section 3.7 Street Design
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a. Minor Streets:
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,- 1. Residential:
.. Local street right-of-way 60'; pavement width 40'
Local street cul-de-sac right-of-way 50'; pavement
, - width 40' . Where land cross slope exceeds 10%,
right-of-way 52', pavement width 32'; where land
cross slope exceeds 20%, right-of-way 50'; pave-
. ,. ment width 30'.
2 . Industrial and commercial:
" Right-of-way 64'; pavement width 44'.
b. Secondary Streets:
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- - Residential, Commercial and Industrial - Right-of-way 64';
pavement width 44' .
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c. Major Streets:
. . 1. Residential - Right-of-way 84 '; pavement width 64' .
2. Commercial-Industrial - Right-of-way 84'; pavement
" width 64'.
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d. Thoroughfare:
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..-.~ All areas - Right-of-way 100'; pavement width 80';
,..~ Median strip where required; minimum pavement width 64' .
"- Section 3.8 Minimum Sidewalk Width:
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0) a. Residential:
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,- 1. Integral, curb and sidewalk 6' including curb width;
.. 4' parkway behind sidewalk.
.. 2 . 5' when not integral sidewalk; Parkway 5', including curb.
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b. Commercial:
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~"" Minimum 10' sidewalk, including curb.
,- c. Industrial:
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Minimum Integral sidewalk 4'6", Parkway 5'6".
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"- O)Sidewalks may be reduced to 3' when land cross slope exceeds 10%, and waived
by Planning Commission when cross slope exceeds 20%. 10.
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~- Section 3.9 Alleys.
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Minimum alley widths shall be as follows:
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-- a. Industrial - Right-of-way 30'; pavement width 30'.
b. Commercial - Right-of-way 25': pavement width 25'.
c. Residential - Right-of-way 25'; pavement width 25'.
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,- Section 4. IMPROVEMENTS
Section 4.1 All improvements shall conform to the City of Arroyo Grande's
,- "Standard Improvement Specifications" as recommended by the Planning Commis-
sion and adopted by the City Council. Any deviation shall be only with the written
.....- approval of the Planning Commission in accordance with Section 3.5. Permission
. - shall be obtained from the Director of Public Works before construction is started.
"- a. Improvements to be installed by each subdivider shall include
,- the following:
1. Curb, gutter, sidewalk and walkways.
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2. Water lines, gas and other utility services to serve each
... lot and stubbed to property line prior to paving.
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, . 3. Fire hydrants.
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.. 4. Sanitary sewers and laterals to serve each lot and stubbed
,- to property line prior to paving.
~- 5 . Storm sewers, drains and channel improvements, where
-- required.
,- 6. Silt basins or other forms of erosion COl1trol, where required.
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7. Paved streets.
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,- 8. Ornamental street lights, where streamlined installation is
not used.
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....~ 9 . Street trees as set out in the Street Tree Policy adopted by
the City.
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,- 10. Street signs at all block number changes and at locations
approved by the Director of Public Works.
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11. Utility lines, including but not limited to electric, communications and
~ cable television shall be required to be placed underground. All electric utility distri-
~ bution systems shall be "streamlined". All services from such streamline system shall
~ be required to be placed underground. The subdivider is responsible 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. Dis tribution lines
,- may be placed underground at the option of the developer or utility and concurrence
of the city planning commission. For the purposes of this Section, appurtenances and
associated equipment such as, but not limited to, surface mounted transformers, pedes-
.- tal mounted terminal boxes and meter cabinets, and concealed ducts in an underground
system may be placed above ground. The Planning Commission may waive the require-
ments of this Section if unusual topographical or any other unusual problems make such
,- installations unreasonable or impractical. The subdivider shall be responsible for sub-
mitting information supporting a request for said waivers.
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.- This Section shall not apply to utility lines which do not provide service
to the area being subdivided.
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.- 12. Recreation Requirements.
..... a. The subdivider shall provide for adequate and appropriate public
recreation facilities for the subdivision by the dedication of lands therein or by the
r-'- payment of fees in lieu thereof under the following conditions and according to the
-- following conditions and requirements:
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1. In subdivisions having 50 or more lots, and where the land in
-- said subdivision can be properly located for public recreational facilities in accor-
.- dance with the adopted recreation and parks plan of the City of Arroyo Grande, the
subdivider shall dedicate an area for such purposes on the basis of two acres so ded-
'-,,,- icated for each 50 acres within the subdivision to be developed.
" 2 . Where the subdivision consists of 50 lots or less, or where the
-- subdivision exceeds 50 lots, but land within the subdivision cannot be located in
accordance with the recreation and parks plan adopted by the City of Arroyo Grande,
..-.~ then the subdivider shall pay to the City of Arroyo Grande, for the recreation fund,
-- the sum equal to the following formula:
" Average number in household times recreation standard (4.50
-, acres per 1000 population) times assessed value times 5 : amount to be paid per
family unit. Minimum requirements shall be:
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,- Single family and duplex areas:
3 x .0045 x assessed value x 5.
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Multiple family areas:
,- 2.5 x .0045 x assessed value x 5.
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b. Where land is to be dedicated for public recreational facilities with-
0.- in a subdivision, as herein provided, such dedication shall not necessarily be limited
.' to parks, as that term is defined in law, but to such purposes which shall provide or
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~ directly contribute to public recrea tion, whether passiveor active, as may be deem-
e.d desirable in the discretion of the City and set forth in the requirements for the
~ particular subdivision not later than the final consideration thereof as herein provided.
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13. The following off-site improvements may be required:
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" - a. 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.
,- b. The development of trunk sewer Jines .or financial contribu-
tions for the improvement of any existing sewage disposal systems and the construc-
"- tion of transmission lines from the proposed improvements to the site of disposal.
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c. When flood zones or other lawful special purpose zones are establish-
,. ed by the City Council, the subdivider shall pay the fee set out for the particular zone
,- in which the subject land lies.
~- .~ d. Properly graded, drained and improvement of paved access roads.
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e. The extension of any other utilities.
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,- f. A.greements may be made upon approval of the City Council for reim-
bursement 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 sub-
.....~ division involved. Requests for reimbursement shall be made in writing at the time of
submitting the final map.
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,- 14. In addition to all other requirements herein:
,. Improvement work, including grading, shall not be commenced until
a.
,- improvement plans for such work have been submitted to and approved by the City
,- Engineer.
.- b. All improvements shall be constructed under the inspection of, and
,- to the satisfaction of the City Engineer.
,- c. Cost of inspection shall be borne by the subdivider and shall amount
,- to 2% of the estimated construction costs of the improvements to be dedicated, as
established by a preliminary cost estimate approved by the Director of Public Works.
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,- d. Private streets offered for dedication at any time must be brought to
City Standards. Any development with private streets must grant the City access rights
.- for fire and police services.
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Section 5. DEVIATION FROM REQUIREMENTS
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--.-- Section 5.1 Deviation based on hardship.
........ It is realized that there are certain parcels of land of such dimension, sub-
"- ject to such title restrictions, so affected by physical conditions and/or devoted to
such use that it is impOssible for the subdivider to conform to all the foregoing require-!-
ments when subdividing property. 13.
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a. The Planning Commission (or on appeal the City Council) may
~ grant deviations from the foregoing requirements, when all the following conditions
~ are found to apply:
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1. That any deviation granted shall be subject to such condi-
"- tions as will assure that the adjustment thereby authorized shall not constitute a
,..- grant of special privilege inconsistent with the limitations upon other properties in
the same vicinity.
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, - 2 0 That because of special circumstances applicable to the
subject property, including size, shape, topography, location or surroundings, the
. - strict literal application of this ordinance is found to deprive subject property of
,. privileges enjoyed by other properties in the vicinity.
3. That under the circumstances of this particular case the
.- deviation, rather than the sections at issue in this ordinance, actually carries out
the spirit and intent of this ordinance.
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,- b. Adequate guarantees shall be provided to insure that any con-
ditions imposed as a part of any approved deviation shall be carried out as speci-
"- fied.
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Section 6. TYPE OF SUBDIVISION AND PROCEDURE
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.....- Section 601 Whether the Standard Subdivision (Section 6.2) or Minor Subdivi-
-- sion (Section 8) procedure shall be used in subdividing property shall be determined
as hereinafter provided.
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"- a. Case L
-- All proposed lots abut an existing state highway, county road
- - or city street, and the only new roads which may be required are stubs for future
development.
--
- - 1. Four or less lots in any time period - The Minor Subdivi-
sion procedure shall be used"
,....-
0- 2. Five or more lots in any time period - Either the Parcel Map
or Standard Subdivision Procedure shall be used where each of the lots contains 5
........, acres or more.
--
b. Case II.
.-
,- All proposed lots abut existing city streets, county road or will
abut proposed new city streets within the subdivision.
-
'-
,- 14 "
--
'" - '""'\
..
"'
l. Four or less lots in any time period - The Minor Subdivi-
.. sion Procedure (Parcel Map) shall be used.
,-
2 . Four or less lots - Where the owner or subdivider wishes
".
to dedicate and improve a city street from which to sell building sites from time to
, . time at later dates, a Parcel Map shall be required.
3. Five or more lots - The Standard Subdivision Procedure
,. shall be used on all subdivisions where any lot is less than 5 acres in area.
4. Five or more lots - Either the Parcel Map or Standard Sub-
,. division Procedure shall be used where each lot is 5 acres or more in area.
, "' Section 6.2 Preliminary Map Procedure.
"-
a. Purposes of Preliminary Map.
,-
The purpose of the preparation 1!nd consideration of a preliminary
map is to provide a means of review by the Subdivision Committee with the developer
and/or surveyor or engineer. From this preliminary review it is expected that the ap-
plicant will be made aware of any major problems concerning the use of the land or
the proposed on and off-site improvements for the land to be subdivided and that the
~"'- Subdivision Committee will be made aware of what might be proposals for the subdi-
,. vision of land that will require preparation or modification or consideration for expan-
.- sion of public services and facilities prior to the proposed use of land within a sub-
di vis ion. It is not intended that a preliminary map be as detailed as the tentative
map, but it should be prepared with enough care to provide pertinent facts.
'"'
b. Requirements for Preliminary Maps. The preliminary map shall
be drawn to approximate scale on paper 18" x 27", or any multiple thereof, and shall
,- show the following:
l. The land area proposed to be subdivided.
,-
2 . All existing structures.
,- 3. The placement and location of all existing streets, easements,
and rights-of-way on the land proposed to be subdivided, and those abutting said land.
_.
"' 4 . Sufficient contours to indicate the general elevations and the
fall of the land adjacent to the surrounding area.
- -
........
"-
~. .~ 15.
"-
,- r- "
~
r 5 . Street names shall be indicated.
~
6. Any extraordinary land fills are to be noted.
,-
". 7 . The proposed uses of all portions of the subdivision <
'"
8 . The approximate alignment of the proposed streets with-
-. in the subdivision and their connection with existing streets or method of termin-
-- ating proposed streets.
_. 9 . The approximate number of acres in the subject subdi-
,- vision.
10. The approximate number of lots in the proposed subdi-
-. vision.
,- II. The north point and date.
. . 12. Reports to reimbursable areas.
.-
13. Subdivider's name and address in the lower right hand
-.
comer.
.- 14. Engineer's name and address in the lower right hand
comer.
.....~ 15. Vicinity map.
,-
-.
Section 6.3 Standard Subdivision Procedure.
,-
a. This procedure shall apply to all subdivisions, parts of sub-
-.
divisions or any division of land, and where prescribed under Section 6.1.
--
,"-". b. Prior to filing of a tentative map of a subdivision, a city
tract number shall be obtained from the County Surveyor and a preliminary title
.....~ report filed from a reputable title company.
--
c. Tentative Map. Data Required and Design.
'"
.....- After submission of a preliminary map to the Subdivision Com-
mittee and review by said committee, the action in connection with the making of a
,..-.-~ subdivision shall be the preparation of a reproducible tentative subdivision map or
~- maps, which shall comply with Section 3. as to design, and shall include the fol-
lowing data:
,...- 1. A sketch at a minimum scale of 1" = 1000' indicating the
-- location of the proposed subdivision in relation to the surrounding area or region
and showing land use in surrounding area. All to be indicated on the tentative map.
..-
~- 2. Name and address of record owner and subdivider.
,- 3. Name and address of surveyor or engineer, or person who
prepared said tentative map. 16.
"-
.~
-. ....--
,- r-- '\
.
-- -
~ 4 . Date, north point (generally up on the map) and scale.
~ Minimum scale 1" = 100'. Minimum map size 18" x 27".
~ 5 . Name of proposed subdivision, tracfnumber and of all
-- adjacent subdivisions; location of, names and width of adjacent streets, highways.
,- alleys and ways, and easements of all kinds, together with the type and location
of street improvements thereon including information obtained from affected depart-
,- ments on fire hydrants and street light locations.
.- 6.
The contour of the land at intervals of not more than one
.- (1) foot of elevation up to 7% cross slope; tw'b (2)'foo.t,-intervals up'lo 12% cross
-- slope and five (5) foot intervals over 12% cross slope.
-- Z. Sufficient data to define the boundaries of the tract, or a
~..~ legal description of the tract and blue border on reverse side of map to indicate
tract boundaries. Tentative map to show probable units of final map.
....-
,.._~ 8. Width, approximate location and purpose of all existing
and proposed easements and adjacent easements adjoining such land.
--
....~ 9 . The width and approximate grade of all streets, highways,
alleys and other rights-of-way proposed for dedication or not.
_.
,- 10. The approximate radii of all curves.
,- 11. All lots numbered consecutively throughout entire devel-
" opment; the approximate dimensions of all lots; lot areas in square feet shall be
shown for all lots not rectangular in shape.
,.
.....~ 12. The approximate locations of areas subject to inundation
-. by storm water overflow, and the location, width and direction of flow of all water
courses existing and proposed.
.-
13. The location and outline to scale of each existing build-
,.
ing or structure within the subdivision, noting thereon whether or not such build-
-- ing or structure is to be removed from or remain in the development of the subdivi-
...-.~ sion, and its existing and proposed future use.
,- 14. Show approximate elevation of street intersections.
--
15. The location, pipe size and approximate grades of pro-
,- posed sewers, water line and underground storm drains, including the proposed 10-
,- cation of fire hydrants and street lights based on information furnished by affected
department heads.
,-
16. The location of all trees over 4" in diameter at base of
,- tree (where stands of trees are located individual trees need not be shown, but
,....- may be shown as a group) .
_. 17. All reserve strips shall be shown.
17.
,- t.--, --,
I
~- ~
..
18. The location of existing fences, ditches, wells, sumps,
~- cesspools, reservoirs, sewers, culverts, drain pipes, underground structures, util-
r-" ity lines or sand, gravel or other excavation within two hundred (200) feet of any por-
~. tion of the subdivision, noting thereon whether they are to be abandoned or used.
,- 19. The name and tract number of the proposed subdivision.
Section 6.4 Statements.
,-
. , Accompanying the tentative map, or on said map, shall be statements
by the subdivider as follows:
f'''~
-- a. Statement as to existing zoning and as to proposed use.
,- b. Statement and report on soil tests by a reputable soils engineer.
...
c. Statement as to intention of subdivider in regard to erosion con-
,-- trol and improvements to be constructed by him, as required in Section 3 and other or-
c. dinances of the City.
"' d. Statement as to front yard depths and building lines.
--
e. Proposed source of water supply and method of sewage dis-
.. posal, indicating whether or not Section 4 can be complied with.
,,-...~
f. Provide type of tree planting as required by the Planning Com-
,. mission.
.... ~
g. Proposed public areas to be dedicated or scenic easements pro-
...-.~ posed. Statement of control and use on scenic easement.
..
h. Statement as to development of lots (whether for sale as lots
,- or fully developed house and lot.)
-.
1. Preliminary title report - 2 copies.
,-
"'-- Section 6.5 Covenants.
.....~
A copy of any condition, restrictive reservation or covenant existing
....~ or proposed shall be attached to the above statement.
..
Section 6.6 Tentative Map. Completeness and Filing.
-.
'" a. A tentative map shall be considered complete for the consider-
ation of the City Planning Commission after submission of a preliminary map to the
-. Subdivision Committee and receipt of a recommendation from said committee that
.. the map complies with this ordinance, and when maps or sketches, together
18.
..
,- - '\
4
,-
~ with all supplementary data have been submitted to the Planning DepartmenL If
,- the tract is a portion of a larger area which may be subdivided later, the tentative
map shall roughly indicate the ultimate plan for the whole.
,-
b. Fifteen (15) copies of a tentative map and one reproducible,
"...
and statement of the proposed subdivision of any land, shall be presented to the
"" Planning Department at least fifteen (15) days prior to the Subdivision Committee
meeting, at which the map will be formally filed, together with a fee of Fifty ($50.)
dollars, plus one dollar per lot paid to the city to cover the cost of checking.
Section 6.7 Tentative Map. Subdivision Committee Approval.
" All tentative maps shall be reviewed by the Subdivision Committee
,- prior to filing any tentative map with the Planning Commission. Said Committee
shall meet with the subdivider or his representative within fifteen (15) days after
,- the submission of the tentative map, as required in this ordinance.
o.
a. Said Committee shall determine the following:
,-
o. l. The completeness and accuracy of the tentative maps
and ancillary reports and the suitability of the land for purposes of subdivisions.
""
2 . Over-all design of the subdivision, and conformity with
all pertinent requirements of this Ordinance and other laws and plans of the City.
,.
..- 3. Provisions for and suitability of street improvements,
,. underground utilities, fire hydrants, ornamental electroliers, storm drains, streets,
trees, sidewalks, including adequacy of the water supply, sewage disposal and
.. easements for utilities and drainage.
-'
4. Provisions for public areas including parks, schools,
public utility facilities, etc.
"
b. Action by Committee.
. .
,- l. The Subdivision Committee shall review the preliminary
tentative map for compliance with this Ordinance and applicable laws. If any por-
tion of the subdivision is in conflict with any of the requirements, then the Subdi-
,- vision Committee shall inform the subdivider, in writing, of such conflicts.
.. 2 . The Subdivision Committee may deem it advisable to
,- recommend additional improvements, easements, dedications, etc. to be included.
The subdivider shall be duly infonned of the nature of the recommendation at the
" time of said Committee meeting.
,.....
,.
~.....~ 19,
o.
~- ~- \
.
"'~
--
,- 3. If. after analysis, it is found that the subdivision re-
_. quires a significant amount of correction before said Committee deems it accept-
able to bring it before the Planning Commission, the Committee may require the
~..~ subdivider to make the changes and reappear before said Board for further study.
--
4. Appeal. If the subdivider feels the Subdivision Com-
,- mittee has imposed requirements not acceptable to the subdivider, he may within
0- ten days request consideration thereof by the Planning Commission, In such a
case the subdivider shall make known his intentions, in writing, to said Committee,
,- whereupon the map in question shall be placed on the next agenda closing date of
the Planning Commission.
, .
50 ReporL The Subdivision Committee shall make a report
o. on the proposed subdivision and on its determinations to the Planning Commission
in relation to Section 6 of thIs Ordinance.
,-
0-
Section 6.8 Tentative Map. Action by Planning Commission.
.-
,- a. The date of the actual filing of the map, for purposes of this
.- Ordinance, shall be the date of the next succeeding closing of the agenda of the
Planning Commission meeting following the presentation of the said corrected map
,- to the Planning Department, except that in cases where the subdivider is request-
,- ing consideration by the Commission of recommendations or requirements of the
Committee, the date of filing with the Commission shall be deemed to be the next
,. agenda closing date of the Planning Commission following the meeting of the Sub-
,....- division Committee at which the recommendations or requirements were made" The
subdivider shall file seven (7) copies of the revised tentative map, 18" x 27", a
.....- reproducible and a transparency of 10" x 10". The Planning Commission shall act
..-..~ on any tentative map within 30 days of the date of filing unless this time period is
extended by mutual consent of the subdivider and the Planning Commission" FaH-
.- ure of the Planning Commission to act within the time limits prescribed shall be
.- deemed approval of the tentative map.
.- b. The Planning Commission shall determine whether a tentative
.- map is in conformity with the provisions of law and of this ordinance and upon that
basis approve, conditionally approve, or disapprove said map, and shall report such
.- action directly to the subdivider.
.-
c. The Planning Commission may, in addition to any other causes
-- therefore, disapprove a tentative map because of flood and inundation hazards or pre-
.. cedent to approval of the map"
..
...._~
.....-
-- 20,
--
.~.~._- . .-q..- .-
,- /"- ~,
,- .
~ Section 6.9 Tentative Maps. Appeal.
,-
a. If the subdivider or other affected property owner is dis-
,- satisfied with any action of the Planning Commission with respect to the tent-
,. ative map, or the nature and extent of improvements recommended, he may, with-
.- in 15 days after such action, appeal in writing to the City Council for a public
hearing thereon. Such appeal must be filed with the City Clerk on or before the
closing date of the City Council for its next succeeding regular meeting. The
.- City Council shall hear the appeal, upon notice to the subdivider and the Plan-
ning Commission, unless the subdivider consents to a continuance, at its next
succeeding regular meeting, following the filing of the appeal. At the hearing
.- the City Council shall hear such argument and material as the subdivider or Plan-
ning Commission, or other persons may present.
o.
b. Upon conclusion of the hearing or continuance thereof,
.- the City Council shall within thirty (30) days declare its findings based upon
~ ..- the testimony produced before it. It may sustain, modify, reject or overrule
.- any recommendations or fulings of the Planning Commission, and may make such
findings as are not inconsistent with the provisions of this ordinance and appli-
,- cable laws.
.-
,. Section 6.10 Improvement Plans, All Subdivisions.
,-
After the approval by the Planning Commission of the tentative
,- map of any subdivision, the subdivider shall furnish the following information
,- to the Director of Public Works. No final map shall be submitted for consider-
ation of the City CouncE c.ntil the improvement plans have been approved by the
...-.- City Engineer, No improvement plans shall be cons.idered finally approved until
.. approval of the final map by the City Council.
.....a A grading plan consisting of typical cross sections and
a.
..--.~ finished grades of all lots , roads, streets and highways in the proposed new
subdivision.
~..-
.- b. Plan and profile drawings on all streets, including sewer
,. and drainage improvements; utilities may be shown in plan only. All tracings or
duplicate tracings shall be filed with the Director of Public Works. Final Improve-
. - ment Plans: Scale shall be 1" = 50' horizontally in Plan; 1" = 5' vertical in Profile,
.. unless otherwise approved by the Director of Public Works.
.. c. 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 to be verified by the Director of Public Works.
.-
~..-
.-- 21,
L_.._
,.
- ,- ')
....
-
d. Any other pertinent information required by the conditiOnal
- approval of the Planning Commission or by the City Engineer or Director of Pub-
- lie Works, including a soils report on filled areas or areas proposed to be filled;
and in all street and alley rights-of-way. The soils report and analysis will be
.- in accordance with method.> approved by the State of California for "R" values,
"..- sieve analysis and sand equivalent.
Section 7. FINAL MAP
Section 7 . 1 Time Limit 0
--
a . Within eighteen months after approval or conditional approval
of the tentative map or maps, the subdivider 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 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 application of the subdivider an extension of not exceed-
0- ing one additional year may be granted by the City Council, after review and re-
o- commendation of the Planning Commission.
.- Any failure to record a final map within eighteen months from
c.
the approval or conditional approval of the tentative map, or any extension there-
of granted by the City Council, shall terminate all proceedings. Before a final
.-
map may thereafter be recorded, a new tentative map shall be submitted,
....
n Section 7 . 2 Final Map Form.
,- a. The final plan or map shall be made to a scale large enough to
,- show the details clearly, minimum scale of 100 feet to the inch or larger, using
more than one sheet if necessary to furnish the desired space. The original shall
.....- be drawn in black ink upon tracing cloth or Mylar of good quality and the size of
,...- the sheets shall be 18" x 27", all sheets shall have a 2-1/2" margin on the left
side and shall have a 1" margin on all other borders.
c_
,- b. Each sheet shall be numbered, the relation of one sheet to
another clearly shown, and the number of sheets used in the map shall be set
...., forth in the title of said map. If more than two sheets are necessary for the map,
.- an index map shall be required.
"..- The title of each such final map shall consist of a tract number
c.
- and name, conspicuously placed at the lower right-hand corner of the sheet follow-
ed by the words, "consisting of _ sheets" (showing the number thereof), follow-
-.-- ed by the words, "Lying within the City of Arroyo Grande".
-
-
-- 22.
d. Th~'.nap or maps, or the title sheet, )all also contain a
- sub-title giving a general description of the property being subdivided by ref-
- erence to maps which have been previously filed or recorded, or by reference
to the plat of any U . S. survey. Each reference in such description, to any
- tract or subdivision, shall be spelled out and worded identically with the orig-
- inal record thereof and references to book and page of record must be complete.
Section 7 . 3 Final Map. Data Required.
The final map shall show the following:
a. Boundaries and Streets. The exterior boundaries of the
property (shown in blue); the border lines and center lines of all proposed
streets and alleys with their widths and names; any other portions intended
to be dedicated to the public use. In case of branching streets, the line of
departure from one street to another shall be indicated.
b. Adjacent Streets. The lines of all adjoining properties; the
lines of adjacent streets and alleys, showing their widths and names.
c. Lot Lines and Numbers. All lot lines, and numbers for all
lots, building lines, easements and their purposes. All lots are to be number-
ed consecutively throughout the subdivision, starting with the No. I.
d. Dimensions. All dimensions, both linear and angular, for
locating boundaries of subdivisions, lots, street and alley lines, easements
and building lines. The linear dimensions shall be expressed in feet and hun-
dredths of a foot.
...~
e. Monuments. All permanent monuments, together with their
descriptions showing fully and clearly their location and size, and if any points
,. .~ were reset by ties, that fact shall be stated.
o.
f. Title and Description. Title and description of property being
~. .~ subdivided, showing its location and extent, north arrow, scale of plan, basis
.. of bearing and name of subdivider and of engineer or surveyor platting the tract.
~..~ The boundaries of any areas within the proposed subdivision
g.
. . which are subject to periodic inundation by water.
..
h. Private Restrictions. Any private restrictions shall be shown
".. on the plat or reference to them thereon; and the plats shall contain proper acknowl-
." ~ edgment of owners and mortgagees accepting said platting and restrictions.
,..~
.--~
.... 23.
-~ \
)
.~ i. City Boundaries. City boundaries which adjoin the subdivi-
sion shall be clearly designated and located to adjacent lot or block lines 0 No lot
..-0 shall be divided by a city boundary line.
j. Title sheet shall indicate where vehicular access rights have
been surrendered on any public street or alley.
Section 7 ,4 Additional Material.
The following additional material shall be submitted with the final
map:
a. Traverse Sheets. The subdivider shall furnish the Director of
Public Works traverse sheets prepared by a registered engineer or licensed surveyor
showing the mathematical closure within one foot to 20,000 feet perimeter of the ex-
terior 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 City
. Council a guaranty 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 said map, both as to consents as to the making thereof and
affidavits of dedication where necessary. Such guaranty shall be issued for the ben-
efit of the City of Arroyo Grande and protection of the City Council and shall be con-
.- tinued complete up to the instant of recording.
c. Improvement Agreement. The subdivider shall file an agree-
ment for all improvements as herein required, and as may be further required by the
City Council or by law, and shall secure the performance thereof by a good and suf-
ficient surety bond executed by a responsible surety company to be approved by said
.. Council, or an instrument of credit approved by said City Council; or in lieu of such
.....- surety bond, instrument of credit or a cash deposit, which bond, instrument of credit
or cash deposit shall be in an amount equal to the cost of the improvement and condi-
,. tions of approval of the map as approved by the City Engineer; provided that there be
.. no reduction in the amount of any bonds or instrument of credit unless approved by
the City Council after a report and recommendation by the Director of Public Works
.. and City Administrator; provided, however, that the subdivider may, at his option,
in lieu of such agreement and bond, instrument of credit or cash deposit, enter into
.. a contract with the City Council, secured by a faithful performance bond or cash de-
posit in the manner and condition as provided by Section 11,612 of the Business and
.- Professions Code of California and all other laws applicable thereto. Any agreement
.- entered into pursuant to this Paragraph (c) may provide that the furnishing by the con-
tractor of labor and material and faithful performance bonds of not less than 50% nor
more than 100% of the total estimated cost of the improvement securing payment to the
.~ contractor, his sub-contractors and to persons furnishing labor, materials or renting
equipment to them for the improvement.
..-
'-
24.
~ '\
~
.- The developer shall file a request for a method of reimburse-
-- ment on proposed off-site improvements that benefit properties other than his own
.... and such method of reimbursement shall be included in the subdivision agreement
approved by the City Council.
--
d. Taxes. Prior to the filing of the Final Map the subdivider
shall file with the Clerk of the County of San Luis Obispo a certification from the
official computing redemptions in San Luis Obispo County and in the City of Arroyo
Grande, showina that according to the records of his office there are no liens against
the subdivision or any part thereof for unpaid State, County, Municipal or local taxes
or special assessments collected as taxes, except taxes or special assessments not
yet payable.
....~ As to taxes or special assessments collected as taxes not yet
payable, the subdivider shall file with the Clerk of the County of San Luis Obispo a
certificate by each proper officer giving his estimate of the amount of taxes and as-
~"-" sessments which are a lien but which are not yet payable.
"-
Whenever any part of the subdivision is subject to a lien for
.- taxes or special assessments collected as taxes which are not yet payable, the final
"- map shall not be recorded until the owner or subdivider executes and files with the
Board of Supervisors a good and sufficient bond to be approved by the Board and by
.-.- its terms made to inure to the benefit of the County upon the payment of all State,
....- County, Municipal, and local taxes and all special assessments collected as taxes,
which at the time the Final Map is recorded are a lien against the property but which
" are not yet payable. In lieu of a bond, a deposit may be made of money or negotiable
....-. bonds in the amount, and of the kind approved for securing deposits of public money,
with the approval of the Board of Supervisors of said County.
,-
,-. Section 7 .5 Procedure for Submitting Final Map.
,- a, Completion. A final map shall be considered complete for
,- filing when it complies with the previous Section 6.9 and Sections 7.1 through 7 .5
and is accompanied with the statements, agreements and security required.
,-
No final map shall be considered acceptable for filing with the
, - City Clerk until said clerk receives a statement in writing that the final maps comply
,- with all the requirements of this Ordinance, and that a title report, deed restrictions
0, and improvement agreement have all been submitted, reviewed and a pproved by the
City Attorney and are ready for submission to the City Council.
0-
b. Filing. The subdivider shall also file the following with the
....... City Clerk when all of the requirements of Section 7.5.a are met.
~_....
1. Six blue line copies, original tracing on linen and dupli-
o. cate on linen or Vellum; boundary traverse map, approved; improvement plans; and a
~ checking fee of Thirty ($30.00) dollars plus Two ($2.00) dollars per lot, for such de-
tailed examination of Final Maps and field checking as may be necessary for the Di-
- rector of Public Works to make his required certification. Said map shall be accom-
,- panied by traverse sheets showing the closure within allowable limits as specified
in Section 7.4.a . 25.
".
.__..~_._"
~ ..-...,
,
-
.-
-
2 . The approved title guarantee, d~ed restrictions, improve-
.-. ment agreement and bond adequate to cover all required improvements with the City
- Clerk, if not previously filed.
Section 7 0 6 Department Approvals. The following functions shall be acted upon
within 20 days after filing:
a. The City Engineer shall examine the final map. If he shall de-
termine that the surveys are correct and that said map is technically correct, substan-
tially conforms to the tentative map and any approved alteration thereof, and to the
provisions of this Ordinance and the State Law; if he shall find that full conformity has
not been made, he shall so advise the subdivider and afford him an opportunity to make
the necessary changes.
b. The Planning Director of the Planning Commission shall examine
the final map. If he shall determine that the map substantially conforms to the ap-
proved tentative map, and any condition imposed thereon, he shall so certify on said
map.
c. When filing is completed and approved as outlined, the City
Clerk shall present the following as provided by the subdivider: An original linen or
one duplica te transparency on Vellum, suitable for reproduction with all accompanying
statements, agreements, security required (and the recording fee) to the City Council
for consideration.
Section 7.7 Approval by City Council.
Upon presentation of the map and all required materials by the City
Clerk as aforesaid, the City Council shall consider said map, the plan of subdivi-
sion, the offers of dedication, the proposed agreement and all related matters, The
0..' City Council may reject any or all offers of dedication or require dedication of all pro-
posed streets, easements, or may require additional dedications. In the event that
"'..- improvements are required under the terms of this Ordinance 'or by law, the City Coun-
>-.. cil shall approve a subdivision agreement and require adequate security for the per-
formance thereof.
'''-
After the City Council shall determine that said map is in conformity
to the requirements of this Ordinance, it shall approve said map by resolution 0 In
.,
case the City Council shall determine that said map is not in conformity with the re-
.- quirements of this Ordinance, it shall disapprove said map, specifying reasons there-
-- for and advising the subdivider of such disapproval. Within ninety (90) days there-
after the subdivider shall file with the Secretary of the Planning Commission a map
-- altered to meet with approval of the City Council and shall conform with the procedures
- specified herein.
---
--
26.
.-.-
..:,.", "\
-
....
-.
Section 7.8 Recording.
~ The City Clerk, after approval by the City Council, and after sig-
natures and seals have been affixed, shall transmit the final map and duplicate
cloth tracings, accompanied by the necessary recording fee, to the County Recorder 0
No map shall have any force or effect until it has been approved by the City Council
and no title to any property described in any offer of dedication shall pass until re-
cordation of the final map. No Building Permit shall be issued until recordation of
the final map.
Section 8, MINOR SUBDTVISION .
Section 801 Filing.
Where required by the provisions of this Ordinance, Parcel Maps,
as set out in the Subdivision Map Act, shall be prepared and filed with the Subdivi-
sion Committee, together with a filing fee of Ten ($10.00) dollars for division of any
area.
a. Design and Improvements. Division of property by this sec-
tion shall be governed as to design by Section 3 herein; and may be governed as to
improvements by Section 4, herein.
b. Parcel Map Information. A legible tentative map drawn to
scale and 18" x 27" in size on tracing paper (7 copies) shall be prepared and sub-
mitted showing:
l. Name, address and phone number of person filing the map;
the name and tract number of the proposed subdivision.
0 Name and legal designation of tract or grant in which the
,. .
subdivision is located and ties to adjoining streets.
--
3. Any other data necessary for the intelligent interpretation
of the various items and location of the points, lines and areas shown, including:
Elevations where topography is a vital factor; center lines of important water courses;
areas subject to flood, roads (accurately located), existing structures: area, height
and dimensions. Existing streets including right-of-way and improvement; existing
--
easements and purpose, street names.
c. Statements. Accompanying the tentative map shall be the
-
following: A statement by the subdivider as to drainage, surfacing or other required
improvements to be constructed by him, and whether proposed roads, widenings or
- street openings are offered for separate dedication, and if so, two copies of a prelim-
inary title report on subject property shall be included.
-
-
27.
!', f".........
,
Section 8,,2 Filing and Action on Parcel Map.
a. A statement regarding proposed improvements. and one re-
producible tracing and seven (7) copies of the map shall be filed with the Plan-
ning Commission Secretary at least seven days prior to the time at which action
by the Subdivision Committee is expected. The Secretary shall immediately trans-
mit a copy of said map to the City Engineer and. if advisable, to each public util-
ity serving the general area of the proposed minor subdivision.
If the City Engineer finds compliance with applicable sec-
tions and the Parcel Map to be technically correct, he shall endorse a statement
on it attesting to his examination thereof, and shall present it to the Subdivision
Committee for approval. Otherwise, he shall return it to the person who present-
ed it, together with a written statement of the changes necessary to make it con-
form to the requirements of this Ordinance.
Any utility company concerned may make a report to the Com-
mittee as to the adequacy of the proposed easements.
b. The Subdivision Committee shall determine whether the Par-
cel Map is in conformity with provisions of law and this Ordinance as to design,
drainage, utilities, road improvements and offers of dedica tion or deed. Upon this
basis they shalf, except where there are offers of dedication or a deed for public
improvements, Within 15 days; approve. conditionally approve or disapprove. The
Committee shall report such action in writing to the subdivider. Any such approved
map shall be recorded by the City Clerk.
c. Simple Lot Divisions. The Director of Planning may approve
applications where the minor subdivision consists of the division of a recorded lot
into two lots, or the transferring of a portion of one recorded lot to another, and
where all parcels meet the requirements of the zoning district in which they are
located and where all improvements have been installed. No recording shall be re-
"-' quired on such simple lot subdivisions.
Where, as a condition of approval of any minor subdivision,
"- there is a requirement of an offer of dedication or a deed, or where the application
is for a tandem or deep lot subdivision, the Subdivision Committee shall recommend
approval, conditional approval or denial to the Planning Commission and to the City
"- Council for acceptance or rejection of proposed improvements.
d. Action by Planning Commission.
"-
Upon receipt of said map requiring dedication or deed for
-. rights-of-way or other public facilities from the Subdivision Committee, it shall
determine whether said map is in conformity with the requirements of this Ordinance
- and if so, it may approve said map when accompanied by offers of dedication, agree-
- ment and security and title guarantees, which agreement and guaranty have been pre-
viously approved by the City Attorney.
28.
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r'-~ ~- ----
~
,-
~
e. Extension of Time.
~
,- l. The time limits for acting and reporting on a Minor Sub-
division, as provided in this Ordinance, may be extended upon mutual consent, in
.....- writing, of the person filing the map and the Subdivision Committee or Planning
r- Commission.
-- 2. Appeal from the action of the Subdivision Committee, by
, - applicant or any affected property owner, must be made to the Planning Commission,
in writing, within fifteen (15) days from date of action of the Committee.
r'"_ 3. Appeal from the action of the Planning Commission must
be made in writing by the applicant within ten (10) days from the date of action of
...- the Planning Commission.
No Building Permit may be issued prior to recording of
the Parcel Map indicating the Minor Subdivision.
.-
Section 8.3 City Council Action on Appeal - Minor Subdivision or Parcel Map.
,-
,- a. The City Council shall render its decision on any appeal
....- within thirty (30) days after filing thereof. If the City Council fails to act within
the prescribed thirty days, the action of the Planning Commission shall be deemed
,- as final, unless this time period is extended by mutual consent of the subdivider
" and the City Council.
,- b. Limitation of Approval.
>-
The approval or conditional approval of a Minor Subdivision
,- Map shall be valid for a period of one (1) year from the date of approval by the Sub-
\...~ division Committee, Planning Commission or City Council. Such approval or con-
ditional approval may be extended for a period not to exceed one (1) additional year
,- period by the Subdivision Committee upon written request, providing such request
-- is made prior to the expiration of the one (1) year approval or conditional approval
period.
r-
>- c. Exceptions.
.- This Section shall not apply to any parcel not conforming to
-- the provisions of this Ordinance for which a deed is of record, or for which a con-
tract of sale was in full force and effect and recorded prior to the 1964-65 Assess-
.- ment Roll of the City, nor to any land dedicated for cemetery purposes under the
'-. Health and Safety Code of the State of California.
,-
--
,-
29.
,-
~ ~
Section 8.4 Subdivision Alternate.
Nothing contained in this Section shall prevent any owner from
processing a Division of Land as a subdivision.
Section g. ENFORCEMENT.
Section 9.1 No building shall be constructed nor shall a permit for the con-
struction of a building be issued, nor shall any portion of any parcel be used when
not conforming to this Article.
Section 10. PENALTY.
Any offer to sell or contract to sell, or any sale contrary to the pro-
visions of this Ordinance shall be a misdemeanor, and any person, firm, corpora-
tion' partnership or co-partnership, upon conviction thereof, shall be punishable
by a fine of not more than five hundred ($500.00) doliars or by imprisonment in the
County Jail for a period of not more than six (6) months, or by both such fine and
imprisonment, except that nothing herein contained shall be deemed to bar any
legal, equitable, or summary remedy to which the City of Arroyo Grande or other
political subdivision or person, firm, corporation, partnership or co-partnership
may otherwise be entitled, and the City of Arroyo Grande or any other political
subdivision, or person, firm, corporation, partnership or co-partnership may file
an action in the Superior Court of the State of California, in and for the County
of San Luis Obispo, to restrain or enjoin any attempted or proposed subdivision
or sale in violation of this Ordinance.
Any transfer or conveyance, or purported transfer or conveyance,
or agre€ment to transfer or convey any parcel of land without compliance with the
terms of this Ordinance shall be voidable at the option of the transferee in accord-
ance with the provisions of Sections 11540 and 11540.1 of the Business and Pro-
fessions Code of the State of California, as the same may be amended from time
to time.
-
Section 11. NAME.
- This Ordinance shall be known as the SUBDIVISION ORDINANCE
OF THE CITY OF ARROYO GRANDE.
-
30.
-
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Section 12. SEVERABILITY.
'-
If any section, sub-section, paragraph, sub-paragraph, sentence,
- clause or phrase of this Ordinance is for any reason held to be invalid or uncon-
stitutionai, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, and this City Council
does hereby expressly declare that this Ordinance and each section, sub-section,
paragraph, sub-paragraph, sentence, clause and phrase thereof would have been
adopted irrespective of the fact that anyone or more of such section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase be declared invalid or un-
constitutional.
Section 13. ENACTING.
The foregoing ordinance shall, before the expiration of fifteen (15)
days of the passage of same, be published with the names of the Council members
voting for and against the same, once in the Arroyo Grande Herald Recorder, a news-
paper of general circulation, printed and published in the City of Arroyo Grande,
Sta te of California, and said Ordinance shall take effect and be in force thirty (30)
days after the passage thereof.
On motion by Councilman Levine, seconded by Councilman Schlegel and on
the following roll call vote, to-wit:
AYES: Councilmen Leving, Schlegel, Burt and Mayor Pro-Tern Thompson.
NOES: None
ABSENT: Mayor Wood
- the foregoing Ordinance was adopted this 25th day of October, 1966.
Jane R. Thompson
Mayor Pro-Tern
ATTEST: Polly S. Miller
City Clerk
- 1, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify that the foregoing ordinance
No.2 C.S. is a true, full and correct copy of said Ordinance passed and adopted
by the City Council of the City of Arroyo Grande at a regular meeting of said Council
of the City of Arroyo Grande, on the 25th day of October, 1966.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 26th
day of October, 1966.
Polly S. Miller
City Clerk of the City of Arroyo Grande
31.
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