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O 101 1.13 ORDINANCE NO. 101 AN ORDINANCE OF THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA, PROVIDING FOR THE PREPARATION OF RULES AND REGULATIONS WITH RESPECT TO SUBDIVISIONS AND PROVIDING FOR THE PREPARATION AND THE APPROVAL OF MAPS OF SUBDIVISIONS AND MAPS OF ROADS AND STREETS, PROVIDING FORTHE REFERENCE THEREOF TO THE CITY PLANNING COW1ISSION FOR INVESTIGATION, REPORT AND FINAL APPROVAL, PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN VIOLATION OF THE SUBDIVISION REGULATIONS OF THE CITY OF ARROYO GRANDE, AUTHORIZING CONSTRUCTION IN VIOLATION OF THIS ORDINANCE OR OF THE SUBDIVISION REGULATIONS OF SAID CITY TO BE STOPPED, DEFINING VIOLATIONS OF THIS ORDINANCE AND PROVIDING FOR PENALTIES THEREFOR. The City Council of the City of Arroyo Grande does ordain as follows: SECTION 1. The definitions, procedure, and standards for the sub- division of land and the preparation of maps of subdivisions as established by Chapter 670, Statutes of 1937, State of California, and amendments thereto, are hereby adopted and made effective in the City of Arroyo Grande, provided, how- ever. teat notwithstanding anythingito the contrary contained in said Chapter 670, Statues of 1937, State of California, and amendments thereto, "subdivision" refers to any real property, improved or unimproved, or portion there of, or contiguous parcels or portions thereof, divided or proposed to be divided for the purpose of sale, whether im-iediate or future, into five (5) or more parcels; pro- vided that land sold by lots or parcels of not less than five (5) acres shall not be deemed to be a subdivision within the meaning hereof. SECTION 2. The City Council of the City of Arroyo Grande is herewith authorized by resolution to adopt rules and regulations for the subdivision of land and the filing and approval of Maps thereof and Maps of roads and streets, said rules and regulations shall be adopted by the City council by resolution and 1p upon their adoption such riles and regulations and all amendments thereto shall be in effect and applicable to the subdivision of land and the dedication and accep- tance of roads and streets in connection therewith in the City of Arroyo Grande said rules and regulations shall be designated as "Subdivision Standards and Regulations of the City of Arroyo Grande." SECTION 3. The City Planning Commission of the City of Arroyo Grande shall advise the City Council with respect to the design, improvement and survey ' data for subdivisions and the form and content of all maps of subdivisions as defined by liw. It shall be the function and duty of said commission to make such investigations and reports to the Council as may be necessary to secure compliance with this law and with the rules and regulations adopted under the provisions hereof. No final map of any subdivision nor of any roads and streets shall be endorsed by the City Engineer or Planning Commission or be approved by the Council unless it has been prepared and submitted in accordance with such rules and regulations as may be C�7 114 hereafter adopted under the terms and'provisions of this ordinance. SECTION 4. Three (3) copies of said official "Subdivision Standards and Regulations of the City of Arroyo Grande" shall be filed for use and exami- nation by the public in the office on the City Clerk of the City of Arroyo Grande and the same §hall, at all times, be kept in said office for suck use and examin- ation. The City Clerk shall file a certified copy of 'do ordinance with the Recorder as provided by law. SECTION S. In the event that any person or persons, whether or nor a subdivider or subdividers, shall hereafter perform any act or build and structure on a lot, lots or lands heretofore or hereafter subdivded in accordance with this ordinance, and the performance of said act or building of said structure violates or is contrary to any portion of the Subdivision Standards and Regulations of the City of Arroyo Grande in effect at the time of the filing of the final map providing for the subdivision of said lot, lots or lands, the performance of said act or building of said structure shall be deemed to be a violation of this ordinance. SECTION,6. The Building Official of the City of Arroyo Grande shall refuse to issue any building permit for construction on any lot, lots or lands heretofore or hereafter subdivided in accordance with this ordinance if the work described in the application for permit and the plans filed therewith fail to conform in all respects to any portion of the # Subdivision Standards and Regulations of the City of Arroyo Grande" in effect ,at the time.:of the filing of the final map providing for the subdivision of said lot, lots or land§, and any permit issued in violation of the terms hereof ,shall be invalid. SECTION 7. Whenever any building work is being done: in violation of' this Ordinance, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. SECTION 8. Any person, firm or corporation violating any of the pro- visions of this Ordinance or the "Subdivision Standards and Regulations of the City of Arroyo Grande," shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred ($5 00.00) Dollars or by imprisonment in the City of County Jail for not to exceed six (6) months or by both such fine and imprisonment. Each separate day or portion thereof during which a.._ any violation of this Ordinance occured or continued shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 9. Any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not 115 effect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, sub- section, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 10. This Ordinance shall take effect thirty (30) days after its passage, and within fifteen (15) days after said passage, it shall be published once together with the names of the members voting for and against it in theHerald Recorder, a newspaper of general circulation printed and published in the City of Arroyo Grande, State of California. On motion of Councilman Conrad and seconded by Councilman Purcell and on the following roll call vote, to-wit: AYES: Councilmen Waiters, Purcell , Dixson, and Conrad. NOES: None ABSENT: Councilman Damnann the foregoing Ordinance was adopted this 6th day of February, 1952 Mayor 111 ATTEST: • City Clerk 1 .;. ' ' ...... -'~-T"""~_~~::-',-:_~_,__ ...,-~ ~~_~_,~_"_' _._,^~.__.~_4_. ..-...- _,._.....-.-~_r.. '---" -=--.-~ . - '. "...i&~.d 'I ~- - . ,,,-:-' 17" " I -- I ORDINANCJ)),NO~ ItJl AN, ORDINANCE 01" THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA, PROVIDING FOR THE PREPARATION OF RULES AND REGULATIONS WITH RESP~CT TO SUBDIVISIONS AND PROVIDING FOR THE PREPARATION AND THE APPROVAL OF HAPS OF SUBDIVISIONS AND }fAPS OF ROADS AND STlillETS, PROVIDING FOR THE REFBRENCE THEREOF TO THE CITY PLANNING CO}llIISSION FOR ~NVESTIGATION, REPORT AND FINAL APPROVAL, PROHIBITING THE ISSUANCE OF BUILuING PEIDIITS IN VIOLATION OF THE SUBDIVISIVli REGULATIONS OF THE CITY OF ARROYO GRANDE , AUTHORIZING CONSTRUCTION IN VIOLATION OF THIS ORDINANCE OR OF THESUB~ , DIVISION REGULATIONS OF SAID CITY TO BE STOPPJ!JD"DEFI.NINGVIOLATIONS OF I THIS ORDINANCE AND PROVIDING. FOR PENALTIES THEREFOR. " " , . ,1 The City Council of the City of Arroyo.Grande does ordain a~ fol~ lows: SECTION 1. The definitions, procedure, and standards for the sub- division of land and the preparation of maps of subdivisions as established I by Chapter 670, Statutes of 1937, State of California, and amendmen~s 1:here."~' i to, are hereby adopted and made effective in the City of Arroyo Grande,pr'o- '''''~-'''r.,,:_~.. , , . ~'" vided,' however, that notwithstanding anything to the contrary contained in '; said Chapter 670, Statues of 1937, State of California, and amendments there'':' to, "subdivision" refers to any real property, improved or unimproved, or portion thereof, or contiguous paroels or portions thereof, divided or pro- I posed'to be divided for the purpose of sale, whether immediate or future, c into five (5) or more parcels; provided that land sold by lots or parcels ornot less than five (5) acres shall not be deemed to be a subdivision , wi thin the meaning hereof. SECTION 2. The City Council of the City of Arroyo Grande is herewith authorized by resolution to adopt rules and regulations for the c subdivision of land,and the filing and approval of Maps thereof and Maps of roads and streets, said rules and regulations shall be adopted by the City Council by resolution and upon their adoption such rules and regu~ lations and all amendments thereto shall be in effect and applicable to the subdivision of land and the dedication and acceptahceof roads and streets , " in connection, therewith in the City of Arroyo Grande said rules and regu- lations shall be designated as "Subdivision Standards and Regulations of the City of Arroyo Grande." SECTION 3. The, City planning Commission of the City of Arroyo \ \ , . . ----"..--- . , .-...,."..... --... .. .Otl -'> - - -'~ .. " -, Grande shall advise the City Council with respect to the design,'improve- ment and survey data for subdivisions and the form and content of all maps9f subdivisions as' defined by law. It sha~l be the function ~nd duty of ,said commission to make such investigations and reports to the Council as may be,necessary to secure compliance with this law and with the rules and regulations adopted under the provisions hereof. No final m~p of any subdivision nor of any roads and streets shall be endorsed by the City Engineer or Planning Commission or be approved by the Council unless it has been prepared and'submitted in accordance with such 'rules and regulations as may be hereafter adopted under the terms and provisions of this ordinance. 'SECTION 4. Three (3) oopies of said official "Subdivision Stan- dards and Regulations of the City of Arroyo Grande" shall be filed for use and examination by the public in the office of the City Clerk of the City of Arroyo Grande and the same shall, at all times, be kept in said office for such use and examination. The City Clerk shall file a certified copy of this ordinance with the Recorder as provided by law. SECTION 5. In the event that any person or persons, whether or not a, subdivider or subdividers, shall hereafter perform any act or build any structure on a lot, lots or lands heretofore or hereafter subdivided in accordanoe with this ordinance, ,and the performance of said act orbo.ilding of said structure 'violates or is oontrary to any portion of the Subdivision Standards and Regulations of the City of Arroyo Grande in effect at the time of the filing of the final map providing for the subdivision of said lot, lots or lands, the performance of said act or building of said struo- ture shall be deemed to be a violation of this ordinance, SECTION 6. The Building Official of' the City of Arroyo Grande d " shall refuse to issue any building permit for construction on any lot, lots or lands heretofore or hereafter subdivided in accordance with this " ordinance if the work described in the application for permit and the plans filed therewith fail to'conform in all respects to any portion of the "Subdivision Standards and Regulations of the City of Arroyo Grande":'.in ....-" effect at the time of the filing of the final map providing for the sub- " -2- ,1 I , ~ r-. ~./' ~, ~- " '. ,. division of said lot, lots or lands, and any permit issued in violation of the terms hereof shall be invalid. SECTION 7. Whenever any bui1Qing work is being done in violation of this Ordinance, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing I such work to be done and any such persons shall forthwith'stop such work until authorized ~y the Building Official to proceed with the work. SECTION 8. Any person, firm or corporation violating any of the provisions of this Ordinance or the "Subdivision Standards and ,Regulations of the City of Arroyo Grande,"' .Sha11, be deemed guilty of, a misdemeanor and upon conviction thereof shall be punishable by a fine riot to exceed Five Hundred ($500.00) Dollars or by imprisonment in the City or County Jail for not to, exceed six (6) months or by both such fine and imprisonment. Each separate day or portion thereof during which any violation of this Ordinance occurred or continued shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 9. Any section, subsection, sentence, clause or phrase of this Ordinance is, for any reaSOn, held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereofir- respective of the fact that anyone or more sections, subsections, sen- I ! tences, clauses and phrases be declared unconstitutional. I , SECTION 10. This Ordinance shall take effect thirty (30) days I 1 after its passage, and within fifteen (15) days after said passage, it shall be published once together with, the names of the members voting for and against it in The ~erald-Recorder, a newspaper of general circulation printed and published ,in the City of Ar~oyo Grande, State of California. On motion of Councilman (VA-L..h .J,J and seconded by Councilman P-U.h ~(j f) e and on the follow- ing roLl call vote, to~wit: -3~