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O 161 C.S. 183 ORDINANCE NO. 161 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENOING CERTAIN SECTIONS OF CHAPTER 3, TITLE 9, AND BY ADDING SECTIONS 9-3.204A, 9-3.205A, 9-3.207A, 9-3.218A, 9-3.218B, 9-3.219A AND 9-3.222A TO CHAPTER 3, TITLE 9 THEREOF, AND BY DELETING SECTIONS 9-3.209, 9-3.225, 9-3.228, 9-3.505, 9-3.506, 9-3.705, 9-3.706, 9-).707 AND 9-3.708 OF CHAPTER 3, TITLE 9 THEREFROM, ALL RELATING TO REGULATIONS OF SUBDIVISIONS WITHIN SAID CITY. I THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: That the following sections of Chapter 3, Title 9 of the Arroyo 'Grande Municipal, Code are amended to read as follCl#s: Section 9-3.102 Authority. The provisions of this chapter are adopted pursuant to the provisions of the State Subdivision Map Act, as set forth in the Government Code, Division 2, Title 7, commencing with Section 65000. Section 9-3.205 Easement. "Easement" shall mean an easement dedicated to and accepted by the City. Section 9-3.206 Final Map. "Final Map" shall mean a map, prepared in accordance with the provisions of this chapter and the Subdivision Map Act, which Is designed to be placed on record with the County Recorder. Section 9-3.216 Owne r . "Owner" shal I mean the IndIvidual fl rm, partner- ship, corporation, or their authorized agent having sufficient proprietary Interest In the land sought to be subdlvld.d to eommene. end melntelft proc..dlngs to subdivide the same pursuant to the provisions of this chapter. Section 9-3.217 Parcel Map. "Parcel Map" shall mean a map showing the division of land Into four (4) or less parcels, unless otherwise permitted by thIs chapter and the Subdivision Map Act, and approved and fIled In accordance with law. Section 9-3.220 Street, Local (Hlnor). "Local (minor) Street" shall mean a street which Is used primarily for access to abutting properties, as is defined and delineated in the Circulation Element of the General Plan. Section 9-3.221 Street Ma or. "Major Street" shall mean any street which carries traffic on four moving lanes between different areas of the City and traffic entering from secondary streets; as Is defIned and delIneated In the Circulation Element of the General Plan. Section 9-).222 Street, Secondary (collector). "Secondary (collector) Street" shall mean a street which collects traffic from a subdivision or area to a major street; as Is defined and delineated in the Circulation Element of the General Plan. 0 Section 9-3.224 Subdivision. For purposes of this ordinance "Subdivision" shall mean a division of land as defined by California Government Code Section 66424. This division shall be Inapplicable to: (a) The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobllehome parks or trailer parks; (b) Mineral, 011 or gas leases; (c) Land dedicated for cemetery purposes under the Health and '-" Safety Code of the State of California. Section 9-3.226 Subdivision, Minor. "Minor Subdivision" shall mean the dlvlsron of land Int~ four (4) or less parcels, unless otherwise permitted by this chapter and the Subdivision Map Act, and approved and filed In accordance I wi th law. I Article 4. Requirements for Types of Subdivisions Section 9-3.401 Industrial Subdivisions. (a) Lot area and width. The minimum lot area and width ,for Industrial subdivisions shall be as stipulated In the zoning regulatIons but shall not be !ess than 6,000 square feet and sixty feet (60') In width. ( 8/77) ----- - ---- _..'.. .-.,. 184 ,:~ (b) Street Design, Street design shall be as set forth in the adopted CIty standards. (c) Improvements. All Improvements shall be as set forth In the adopted CIty standards. (d) Compliance wIth other regulatIons. All other regulations set forth in 'this chapter shall be compiled with in the development of IndustrIal subdIvIsions. Section 9-3.402 Commercial SubdivIsIons. I (a) Lot area and width. The mInimum lot area and width for com- mercial subdivisIons shall be as set out by the zonIng laws of that specIfic commercIally zoned distrIct; provided, however, the CommIssion may reduce the lot area sizes not more than fifty percent (50%) when the total lot size combined with land used for parking and landscapIng In undivided common interest equals the required lot sIze. ..-., (b) Street Des ign. Street design shall be as set forth in the adopted City standards. (c) Improvements. All Improvements shall be as set forth in the adopted CIty standards. (d) ComplIance wIth other regulations. All other regulations set forth in thIs chapter shall be compiled with in the development of commercial subdIvisIons. SectIon 9-3.403 ResIdentIal subdIvisions. (a) Lot area and wIdth. The mInimum lot area and wIdth shall be as set forth In thIs section, unless a greater lot size or wIdth Is stipulated In the zoning regulatIons, except where the lot size Is reduced through the use of Section 9-3.503 of Article 5 of thIs chapter. The followIng shall serve as the criterIon for determining gross lot densIty requIrements: (1 ) Where the cross slope does not exceed seven percent (7%), the minimum area shall be: (I) For corner lots, 7,000 square feet; and (II) For InterIor lots, 6,000 square feet. (2) Where the cross slope exceeds seven percent (7%), the following table shall be used: Percent of Minimum RatIo Maxl- G round Surface MInimum MInImum Average mum Depth to Remain In Topography Area Frontage Depth to WIdth Natural State 7% - 20% 10,000 80 feet 11 0 feet 3: I 20% cross slope square feet 20% - 30% 20,000 100 feet 150 feet 3:1 50% cross slope square feet ~ , 30% and up I acre 150 feet 225 feet 3: I 70% cross slope (3) The minImum frontage* shall be as follows: (I) For corner Jots with an average width of seventy feet (70')*, the minimum width at the property line shall be sIxty feet (60'); $ (il) For interior lots with an average width of sl~ty feet (60'), the mInimum wIdth at the property lIne shall be forty feet (40')*. *Mlnimum wIdth shall only be permitted on culs-de-sac or where special or unusual ci rcuinstances Indicate .I rregular lots. (4) The mInImum average depth shall be nInety feet (90'). , - 2 - . - (5) :he minimum average lot depth or width may be modified 18~ w~th approval of the Review ,Committee and Planning Commission, however, the minimum Jot area must be at least 6,000 square feet and the reduced minimum lot width or depth must be at least sIxty feet (60'). (b) Improvements. All design and improvements shall be as set forth in the adopted City standards. Section 9-3.502 General design and improvement standards. (a) Blocks. Blocks shall not be longer than 1,200 feet between intersecting street lines except on expressways and major streets where longer blocks may be required by the Commission. Lots with frontage on more than one street, expressway, or major street category shall not be permitted, except corner lots, unless approved by the Commission and when access rights are released on one street. (b) Walkways. Improved walkways not less than ten feet (10') in width may be required through blocks more than 900 feet in length and through other blocks where necessary to provide access to schools, parks, and scenic easements. '- (c) Utility Easements. Easements not less than five feet (5') wide may be required on side or rear lot lines where necessary for underground utilitIes, cables, wires, drainage, conduit and water mains, or other utilities. A reduction of the width may be allowed when a lesser width is justified In the opinion of the City Engineer and the serving utility. (d) Watercourses. Watercourses shall be shown as easements when required by the Subdivision Committee, and storm drains shall be placed in ease- ments when public rights of way are not available or adequate. The Subdivision Comm I ttee sha 11 require watercourses to be placed entirely in underground conduits, adequately fenced, or otherwise improved in accordance with the standards adopted pursuant to the provisions of this chapter. Where sumps are approved to handle drainage as an Interim solution, defeasible easements shall be provided for necessary channels and sump areas. Fences required for watercourses and sumps shall meet the requirements set forth in the adopted City standards. (e) Monuments. Durable monuments as approved by the City Engineer shall be installed or referenced to the following locations: (1) Boundary corners; (2) At intervals of not more than 500 feet along boundary lines; (3) At the beginning and ending of property line curves and property Intersections at the discretion of the City Engineer; (4) At lot corners and, In addition, a permanent marker shall be set In the top of the curb on the prolongation of the side lot lines; and (5) At other locations, as required. Standard monuments s~all be placed along the center lines of public streets and alleys at all intersections and at all property intersections or beginning and ending curves. (f) Lots. All lots shall abut on an Improved street unless a cluster, townhouse, condominium, or similar development has been approved by the Conrn Iss I on. (g) Building Setbacks. Building setbacks shall be as required by -' the applicable zoning requirements. (h) St reets. (0 Existing streets shall be continued as required by.the Subdivision Committee. (2) Street stubs shall be required to adjacent unsubdlvided property where In the opinion of the Subdivision Committee, they are necessary. A satlsfactory'temporary turnaround may be required, as well as the Installation of a standard barrier, to prevent Ingress and egress. - 3 - ----- .86 (3) Streets shall Intersect at as near right angles as Is practicable. Radius of curvature, where the property lines intersect shall be concentric with curb radius. ' (4) "T" or three (3) way Intersections shall be preferable to four (4) way intersections on local streets, but the center I Ine of the "T" ~treet shall not be located closer than 150 feet to the center line of any other Intersection. (5) Four (4) way Intersections shall not be located closer than 180 feet to any other Intersections measured from the nearest right ?f way lines. (6) Denial strips Identified by alphabetical letter, where required to control access over certain lot lines or over the ends of street stubs, shall be dedicated to the City. (7) Cul-de-sac streets shall have the following limiting dimensions: ,...., (i) A fifty-two foot (52') minimum radius to the property line. (I I) A forty-six foot (46') minimum radius to the curb line. (i i 1) A six hundred foot (600') maximum length of a cul-de-sac to the center of the turnaround except where such cul-de-sac ~erves no more than twelve ( 12) lots. (8) Streets, rights of way, and easements In any standard subdivision or minor subdivision shall be offered for dedication by appropriate means. The City may, at Its option, accept or reject any such offe~ or reserve the right to require future dedication. (9) Streets shall conform as to alignment and width to the Circulation Element of the General Plan. (10) The minimum center line curve radius on streets shall be designed to accommodate the following speeds: (I) For major, arterial, and collector streets, 35 m.p.h. (II ) For all other streets, 25 m.p.h. (11 ) The nonnal minimum permitted grade of streets shall be one percent (1%); provided, however, when approved by the City Engineer, the absolute minimum grade pennitted shall be one quarter of one percent (0.25%), and the minimum cross fall across Intersections shall be four tenths of one percent (0.4%). (j) Street names. Names for proposed new streets shall be approved by the Planning Director and shown on the tentative map. (j) Alleys. Alleys shall be required to be constructed In Industrial, commercial, and multiple-family areas where necessary to control access to major streets. ,...., SectIon 9-3.503 Optional Design and Improvement Standards. Where a subdivider by written affirmation signifies his intent to enhance the livability, appearance, health, safety, convenience, or general welfare of his proposed sub- division by using new concepts in the arrangement of lots, the circulation pattern to serve such lots, and by providing permanent open space within the neighborhoods In the proposed subdivision and appropriate means of access to blocks, schools, shopping centers, and other uses, thereby serving and implementing the intent of the provisions of th~s chapter, he shall use the following procedure: .' (a) For an Improved design based on density control and better community environment, the standards set forth In Article 4 of this chapter and In Section 9-3.502 of this artIcle may be varied only when the gross density of an area Is not Increased and when the design has the approval of the Commission and the Council, and when, In their opinion, such deviation will: - 4 - - - -------- , I (1) Produce a more desirable and livable community than 18~ the minimum requirements set forth In this article; (2) Create better community environment through dedication of public areas, setting out permanent scenic easements or open spaces, or through,the rearrangement of lot sizes or reforestation of barren areas; and (3) Reduce the danger of erosion. (b) As an incentive to creating better overall communities the Commission may authorize reduction In lot size to not less than 4,000 squ~re feet, but with no increase In density In the overall development. The Commlssldn may authorize similar deviations from other standards set forth where such deviations are for the purposes set forth In the section. (c) Before any deviation based on Improved design shall be authorized, It shall be passed by the Commission and approved by the Council. Section 9-3.504 Street Design. Street Design shell conform to the adopted City standards. .~ Section 9-3.507 Required Improvements. All improvements shall conform to the adopted City standards. Any deviation shall be approved by the Review Board In accordance with the provisions of Section 9-3.503 of this article. Permission shall be obtained from the City Engineer before construction is started. Improvements to be Installed by each subdivider shall Include, but not limited to, the following: (a) Curbs, gutters, sidewalks, and walkways; (b) Water lines, gas, and other utility services to serve each lot and stubbed to the property lines, prior to paving; (c) Fire hyd rants; (d) Sanitary sewers and laterals to serve each lot and stubbed to the property line prior to paving; (e) Storm sewers, drains, and channel Improvements where required; (f) Silt basins or other forms of erosion control where.requlred; (g) Paved streets; (h) Ornamental street lights; (t) Street treesj (j) Street and traffic control signs as required by the City Englneerj (k) Utility lines, Includlng,but not limited to electric, The communications, and cable television, shall be required and placed underground. subdivider shall be .responslble for complying with the requirements .of this section, and he shall make the necessary arrangements with the utility companies for the Installation of such facilities. Existing distribution lines may be placed under- ground at the option of the developer or utility. (1) Recreation facilities as follows: ~ (I) The subdivider shall provide for adequate and appropriate public recreation facilities for the subdivision by the dedication of lands therein or by the payment of fees in lieu thereof under the following conditions and according to the following requirements: ( , (I) In subdivisions having fifty (50) or more lots, and where the land In such subdivision .can be'properly located for public recreational facilities in accordance with the adopted Recreation and Parks Plan for the City, the subdivider shall dedicate a minimum area for such purposes on the basis of not less than three (3) acres for each fifty (50) acres within the subdivision to' be developed, or such other area as mutually acceptable and may Include designated open space and a green belt area. - 5 - "'~'"':'';7,''-::'.-' tj8 (Ii) Where the subdivision consists of fifty (50) lots or I~s:,.or where the subdivision exceeds fifty (50) lots but land within the subdIVISion cannot be located in accordance with the Recreation and Parks Plan adopted by the City, the subdivider shall pay to the City for the Recreation Fund a sum of One Hundred Dollars ($100.00) for each residential building site. (ii i) Any subdivision or parcel map abutting the Arroyo Grande Creek or its tributaries shall dedicate to the City all that area that includes the stream bed and ten feet (10') back of the stream bank or other appropriate areas, mutually accepted for the purposes of open space or green belt. (iv) Any parcel which is specifically referenced i~ the Seismic Safety Element of the General Plan as being unbuildable.or any area In the Open Space-Conservation, Safety, or other Elements of the General Plan ear- marked for protection shall be considered In the subdivision for open space and zoning and be either offered for dedication to the City or home-ownership management provided. '"' (m) Off-site improvements may be required as follows: (I) The development of water storage facilities or financial contributions for the improvement of any existing source of water supply and the construction of transmission lines from that supply to the proposed development; (2) The development of trunk sewer lines or financial contributions for the improvement of any existing sewage disposal systems and the construction of transmission lines from the proposed Improvements to the site of disposal; (3) When flood zones or other lawful special purpose zones are established by the Counci I,the subdivider shall pay the fee set out for the particular zone in which the subject land lies; (4) Properly graded, drained, and Improved paved access roads; and (5) The extension of any other utilities. Agreements may be made upon approval of the Councl1 for reimbursement by future developers for facilities required by the City to the extent that such facilities are in excess of sizes, lengths, and locations needed to serve the subdivision Involved. Requests for reimbursement shall be made In writing at the time of submitting the final map; and (n) In addition to all the other requirements of this section: (I) Improvement work, Including grading, shall not be commenced unt it Improvement plans for such work have been submitted to and approved by the City Engineer. (2) All improvements shall be constructed under the Inspection of and to the satisfaction of the City Engineer. (3) Cost of inspection shall be borne by the subdivider and shall amount to: four percent (4%) of the first one-half million dollars; three percent (3%) of the second one-half million dollars; and two percent (2%) of all over one million dollars of the estimated construction cost of the Improvements .- to be dedicated as established by a preliminary cost estimate approved by the Director of Public Works or City Engineer. (4) Private streets offered for dedicatIon at any time shall be brought to City standards. Any development with private streets shall grant the City access rights for fire and police services. Section 9-3.508 Deviations from Requirements. It is realized there are certaIn parcels of I~nd of such dimension, subject to such tl,tle restrictions, so affected by physical "conditions, and/or devoted to such us. that It 15 Impoulble for the subdivider to conform to all the requirements of this article when subdividing property. The Commission (or, on appeal, the Council) may grant deviations from the requirements of this article when under the circumstances of the particular case the deviation, rather than the sections of this chapter at Issue, actually carries out the spirit and Intent of the provisions of this chapter and do not constitute the granting of special privilege. - 6 - . ---- -~----- 189 Adequate guarantees shall be provided to insure that any conditions imposed. as a part of any approved deviation shall be carried out as specified. Section 9-3.601 Determination of Standard or Parcel Map. Conformance to the State, Subdivision Map Act' shall determine whether the standard subdivision or parcel map procedure shall be used. Section 9-3.603 Tract Numbers: Title Reports. Prior to filing a tentative map of a subdivision, a City tract number shall be obtained from the San Luis Obispo County Planning Department, and a preliminary title report from a neputable title company shall be filed. Section 9-3.604 Tentative Maps: Data and Design. After the submission of a preliminary map to the Subdivision Review Board and the review of the map by the Board, .the action in connection with the making of a subdivision shall comply with the provisions of the State Subdivision Map Act and additionally, the provisions of this section. (a) A sketch at a minimum scale of one inch equals 1,000 feet indicating the location of the proposed subdivision in relation to the surrounding -' area or region and showing the land use In the surrounding area; (b) The date, north point (generally up on the map), and scale. The minimum scale shall be one inch equals 100 feet. (c) The name of the proposed subdivision, the tract number of the proposed subdivision and of all adjacent subdivisions, and the locations of, names, and widths of adjacent streets, highways, alleys, ways, and easements of all kinds, together with the type and location of street Improvements thereon, including Information obtained from affected departments on fire hydrants and street light locations; (d) The contour of the land at Intervals of not more than one foot (I') of elevation up to seven percent (7%) cross slope, two foot (2') i nterva Is up to twelve percent (12%) cross slope, and five foot (5') Intervals over twelve percent (12%) cross slope; (e) Sufficient data to define the boundaries of the tract, or a legal description of the tract and blue border on the reverse side of the map to indicate tract boundaries, and the probable units of the final map; (f) The width, approximate location, and purpose of all existing and proposed easements and adjacent easements adjoining such land; (g) The width and approximate grade of all streets, highways, alleys, and other rights of way, proposed for dedication or not; (h) The approximate radii of all curves; (I) All lots, numbered consecutively throughout the entire develop- ment, and the approximate dimensions of all lots. Lot areas in square feet shall be shown for a II lots not rectangular In shape; (j) The approximate locations of areas subject to inundation by storm water overflow and the location, width, and direction of flow of all water- cou rses ex 1st I ng and proposed; , (k) The location and outline to scale of each existing building or structure wIthin the subdivision, noting thereon whether or not such building or structure is 'to be removed from or remain in the development of the subdivisIon, and its existing and proposed future use; (I) T~e approximate location of proposed sewer and water lines and underground storm drains, including the proposed location of the fire hydrants and street lights based on information furnished by affected department heads; (m) The location of all trees over four inches (4") in diameter at the base of the tree (where stands of trees are located, Individual trees need not be shown but may be shown as a group): (n) All denial strips; - 7 - _.~-- ------------ " ..........~. ...---. 190 (0) The location of existing fences, ditches, wells, sumps, cesspools, reservoirs, sewers, culverts, drain pipes underground structures utility lines, or sand, gravel, or other excavatlons'wlthln 200 feet of any' portion of the subdivision, noting thereon whether they are to be abandoned or used. Section 9-3.605 Tentative Maps: Additional Requirements. The fol1C1#lng shall be submitted with the Tentative Map: (a) Preliminary title reports; (b) Environmental determinations; I (c) Covenants if proposed by or required of the developer. ,Sect I on 9-3.606 Tentative Maps: Completeness: FI ling. (a) Completeness. A tentative map shall be considered complete """' for the consideration of the SubdIvision Review Board and the Planning Commission when the map complies with the provisIons of the State Subdivision Hap Act and this chapter, and when maps and sketches, together with all supplemental data, have been submitted. (b) Filing. Twenty (20) copies of the tentative map together with a fee In the amount of One Hundred and No/IOOths Dollars ($100.00), plus Two and No/IOOths Dollars ($2.00) per lot to cover the cost of checking. Section 9-3.607 Tentative Maps: Subdivision Review Board Action. (a) Determinations. The City staff and the Subdivision Review Board shall determine if the tentative map and all ancillary reports meet the requirements of the State Subdivision Map Act and this chapter and all other laws and plans of thIs City. The Subdivision Review Board shall meet with the subdivider, his engineer, or other designated agent within thirty (30) days after the filing of the tentative map. Attendance of the subdivider, his engineer, or other designated agent Is required. (b) Recommendations. The Subdivision Review Board shall review the tentative map for compliance with the provisIons of the State Subdivision Map Act, this chapter,and other applicable laws. If any portion of the subdi- vision Is In conflict with any of the requirements, the Subdivision Review Board shall Inform the subdivider, In writing, of such conflicts. The Subdivision Review Board may deem If advisable to recommend additional Improvements, easements, dedications, etc., to be Included. The subdivIder shall be duly Informed 0' the nature 0' the recommendation at the time of the Review Board meeting. If, after analysis, It is found that the subdivision requires a significant amount of correction before the Review Board deems It acceptable to bring It before the Commission, the Review Board may require the subdivider to make the changes and reappe~r before the Review Board for further study. (c) Report. The Subdivision Review Board shall make a report on the proposed subdivision and on the detennlnations set forth In this section to the Commission. /", (d) Appeals. If the subdivider feels the Subdivision Review Board has imposed requirements not acceptable to the subdivider, he may, within thirty (30) days, request consideration thereof by the Commission. In such event, the subdivider shall make known his Intentions, in writing, to the Commission where- upon the map in question shall be placed on the next agenda of the Planning Conmlsslon. Section 9-3.6Q8 Tentative Maps: Commission ActIon. (a) Filing date. The effective date of the map, for the purposes of this chapter, shall be the date on which all of the required materials are received, Including Environmental Determination, maps and data, and fees. (b) Filing. If a revised map Is required, the subdivider shall file seven (7) caples of the revised tentative map, which shall be In confo~mance with Section 9-3.604 and all other sections of this chapter. - 8 - --~.- --.---- ---- '- , 19~ (c) A roval Conditional A roval or D I sa roval. The Commission shall act on any tentative map wrthln fifty 50 days of the date of the Subdivision Review Board's report, unless such time period Is extended by mutual consent of the subdivider and the Commission. Failure of the Commission to act within the time Hmlts prescribed shall be de.emed approval of the tentative map. The Commission shall determine whether the tentative map Is In conformity with the provisions of the State Subdivision Map Act, and of this chapter and upon that basis, approve, conditionally approve, or disapprove the map and'repo;t such action directly to the subdivider. The COfM1lsslon may, In addition to any other causes therefore, disapprove the tentative map because of flood hazijrds or precedent to approval ,of the map. The Commission shall recognize and accept public Input during this process of approval, conditional approval, or disapproval of the tentative map. . (d) Effective Time Period of Approval. Final approval of tentative maps shall be elghteeiil'iB)'months. One(1) one(1) year time extension may be granted upon approval of the Subdivision Review Board and the Planning Commission. Section 9-3.603 'Tentatlve Haps: Appeals. If the subdivider or other Interested person Is I.satlsfled with any action of the Commission with respect to the tentative map, or'the nature and extent of Improvements required, he may, within fifteen (15). days !,a.fter such action, appeal In writing to the Council. for a public hearing thereon. Such appeal shall be filed with the City Clerk on or before the closing date of th.e Council for ih next succeeding regular meeting. The Council shall hear the.appeal, upon notice to the subdivider and the Commission, unless the subdIvider consents to a continuance, at Its next succeeding regular meeting following the filing of the appeal. At the hearing the Council shall hear such argllllents and..-'mater.Jals as the subdivider, Commission, or other persons . <.J' . may present. .' ,,' " Upon the conclusIon' of' the hearing, or the continuance thereof, the Council shall, within thl.rty (30) days, declare Its findings based upon the testImony produced before It. . It may sustain, modify, reject, or overrule any recommendatIons or rulln9s.o(.the Commission and may make such findings as are not Inconsistent wlthtlW prQvhlons of this chapter and other applicable laws. .:'.{.\ ':',1 ' Section 9-).610 ;'lmOfovement Plans. (a) Filing. After the approval by the Commission of the tentative map of any subdivIsion, the subdivider shall furnish the following Information to the Director of Public Works or the City Engineer. (I) A grading plan consisting of typical cross-sections and finished grades of all lots, roads, streets, and highways In the proposed subdIvision; (2) Plan and profile drawings on all streets, Including sewer .nd dr.lnage Improvements. Utilities m.y b. shown In plan only. All tracings or dupllcate,traclngs shall be filed with the Director of Public Works or the CIty Engineer; (3) Estimated costs of Improvements to be dedicated to the City or other publIc agency or any other conditions of approval of the subdivision. Such estimates shall be verl.fled by the Director of Public Works or City Engineer; (4) Any other pertinent Information required by the conditional approval of the CommissIon or by the City Engineer or Director of Public Works, Including a solls.repor~on filled areas, or areas proposed to be filled, an~ in ail street and alley rlg~ts of way. The soils report and analysis shall be In accordance wIth methods approved by the State. (b) Approval. No final map shall be submitted for the consideration of the Councl I until ,the Improvement plans, fees, and agreements have been approved by the City Engineer., No. Improvement plans shall be considered finally approved until approval of the' final map by the Council. . Section 9-3.611 Final Haps: Time Uml t. (a) Within eighteen (18) months after the approval or conditional approval of the tentatIve map, per Section 9-3.608(e) of this chapter, the sub- divider may cause the subdivision, or any part thereof, to be surveyed.and a final map to be prepared In accordance with the tentative map as approved or - - 9 - 92 conditionally approved. Streets and easements needed for access to any such part shall be shown on the final map and dedicated If required. (b) Upon the application of the subdivider, an extension of not exceeding one additional year may be granted by the Council after the review and recommendation of the Commission. (c) Any failure to record a final map within eighteen (18) months from the approval or conditional approval of the tentative map, or any extension thereof granted by the Council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted. I Section 9-3.612 Final Maps: Form. The form of fInal maps shall be consistent with the provisions of the State Subdivision Map Act. Section 9-3.613 Final Maps: Data. The final map shall show the followIng in addition to the data required by the State Subdivision Map Act. - (a) Adjacent Streets. The lines of all adjoining properties and the lines of adjacent streets and alleys, showing their wIdths and names; (b) Lot Numbers. All lots shall be numbered consecutively through- out the subdivision, starting with No.1; (c) City Boundaries. City boundaries whIch adjoin the subdivision shall be clearly designated and located to adjacent lot or block lines. No lot shall be divided by a City Boundary Line; and (d) Any additional requirements set forth by the Subdivision Review Board and/or the Planning Commission shall be noted on the map. Section 9-3.614 Final Maps: AccompanyIng Documents. The following additional materials shall be submitted with the final map: (a) Traverse Sheets. The subdivider shall furnish the Director of Public Works or the City Engineer with traverse sheets prepared by a registered Engineer or licensed Surveyor showing the mathematical closure within one foot (I') to 20,000 feet perimeter of the exterIor boundary of the tract and of each block within the tract and each irregular lot. (b) Guarantee of Title. The subdivider shall furnish to the Council a guarantee of title or letter from a competent title company, certifying that the names of all persons whose consent Is necessary to pass a clear title to the land being subdivided, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guarantee shall be issued for the benefit .of the City and protection of the Council and shall be continued complete up to the instant of recording. (c) Improvement Agreement. The subdivider shall file an agreement for the improvements required by the provisions of this chapter and the Subdivi- sion Map Act, and as may be further required by the Councilor by law, and shall secure the performance thereof by a good and sufficient surety bond executed by a responsible surety company to be approved by the Councilor an Instrument of credit approved by the Council, or, in lieu of such surety bond or Instrument of - credit, a cash deposit, which bond, instrument of credIt, or cash deposit shall be In an amount equal to the cost of the Improvements and conditions of approval of the map as approved by the City Engineer. There shall be no reduction in the amount of any bonds or instrument of credit unless approved by the Council after a report and recommendation by the Director of Public Works and City Administrator; provided, hCl#ever, the subdivider may, at his option, In lieu of such agreement and bond, instrument of credit, or cash deposit, enter into a contra~t with the Council, secured by a. faithful performance bond or cash deposit in the manner and condition provided by' Section 65000 of the Government Code of the State and all other laws appl icable! thereto. Any agreement entered Into pursuant to the p'ro- visions of this subsection may provide for the furnishing by the contractor of labor and materials and faithful performance bonds of 100 percent (100%) of the total estimated cost of the improvements, Including utilities, securing a labor and materials bond for fifty percent (50%) of the estimated costs of payment to the oontractor,hls subcontractors, and to persons furnishing labor or materials or renting equipment to them for the improvements. - 10 - ._.--.- --_.--- 193 The developer shall file a request for a method of reimbursement on proposed off-site Improvements which benefit properties other than his own and such method of reimbursement shall be Included In the subdivision agreement' approved by the Council. .' (d) Ta~es. Taxes shall be paid and certified as per State Sub- division Map Act requirements. Section 9-3.615 Final Maps: Completeness; Filing. (a) Completeness. A final map shall be considered compJet~ for fllln~ when. It compl!es with the provisions of Sections 9-3.611 through 9-3.614 of this artlc!e and IS accompanied by the statements, agreement.s, fees, and security required. ,No final map shall be considered acceptable for filing with the City Clerk until the City Clerk receives a statement In writing that the final maps comply with all requirements of this chapter and that a title report the deed restrictions, and improvement agreement have all been submitted reviewed and approved by the required City Departments and are ready for su~lssion to'the Council. ~ (b) Fi ling. The subdivider shall also file the following, if not previously filed, with the City Clerk when all the requirements of subsection (a) of this section are met: (I) Six (6) blue line copies with the original tracing on linen or approved substitute; the approved boundary traverse map; the Improvement plans; and a checking fee In the amount of One Hundred and No/IOOth Dollars ($100.00), plus Five and No/IOOth Dollars ($5.00) per lot, for such detailed examination of the final map and field checking as may be necessary for the City Engineer to make his required certification. The map shall be accompanied by . traverse sheets showing the closure within the allowable limits set forth In sub- section (a) of Section 9-3.614 of this article; and (2) The approved title guarantee, deed restrictions, improvements agreement, and bonds as required by subsection (c) of Section 9-3.614 of this article. Section 9-3.616 Final s: De artmental Action. The following action shall be taken within twenty days after the filing of the final map: (a) The City Engineer shall examine the final map for conformance to the required provisions of the State Subdivision Map Act and this chapter. (b) The Secretary of the Commission shall examine the final map and shall determine that the map substantially conforms to the approved tenta- tive map, and any condition Imposed thereon, and shall so certify on the map. (c) When the filing of the final map with the City Engineer Is completed and approved, he shall present It to the Council for consideration and acceptance. . Section 9-3.617 Final Maps: Council Action. Upon the presentation of the final map and all the required materials by the City Engineer, the Council shall consider the map, the plan of subdivision, the offers of dedication, the proposed agreement, and all related matters. The Council may reject any or all offers of dedication, or require the dedication of all proposed st.reets and easements, or may require additional dedications. In the event Improvements are required by the provisions of this chapter or by other laws, the Council shall ~ approve a subdivision agreement and require adequate security for the perfor- mance thereof. After the Council has determined that the map Is In conforml.ty with the requirements of thls<chapter and the State Subdivision Hap Act, It shall approve the map. In the event the Council shall determine that the map Is not In con- formity with the requirements of this chapter, It shall disapprove the map, specifying the reasons therefor and so advising the subdivider of such disapproval. Within ninety (90) days thereafter, the subdivider shall file with the Secretary of the Commission a map altered to meet with the approval of the Council and shall conform with the procedures set forth In this article. - 11 - ------ ~94 Article 7. Minor Subdivisions Section 9-3.702 Lot Line Adjustments. Applications where the division consists of a lot line adjustment shall follow the procedures as outlined for parcel maps. Section 9-3.703 Parcel Maps: Filing Fees. Where required by the provi- sions of this chapter, parcel maps, as described in the Subdivision Map Act of the State, shall be prepared and filed with the Subdivision Review Board together with a filing fee in the amount of Twenty-Five and No/IOOths Doilars ($25.00) and Five and No/IOOths Dollars ($5.00) per lot. I Section 9-3.704 Parcel Maps: Information. The petition shall file seven (7) copies of the tentative map to scale and eighteen inches (18") by twenty-sIx inches (26") in size. The map shall be filed and processed In accordance wIth the standard tentative subdivision map requIrements, as set forth I.n this chapter, and the State Subdivision Map Act. In addItion, the maps must be accompanied by the following information and data: '""' (a) Request for environmental determination; (b) San Luis Obispo County Assessor's Parcel number; (c) Furnish a copy of Preliminary Title Report. Section 9-3.713 Exceptions. The provisions of this article shall not apply to any parcel not conformIng to the provisions'of this chapter for which a deed is of record, or for which a contract of sale was in full force and effect and recorded prior to the 1964-65 Assessment Roll of the City or provided by the State Subdivision Map Act. Section 9-3.802 Remedies. Nothing contained in this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the City or any other political subdivision or person, firm, corporation, partnership, or co- partnership may otherwise be entitled, and the City or any other political subdivision or person, firm, corporation, partnership, or copartnership may file an action in the Superior Court of the State, In and for the County. to restrain or enjoin any attempted or proposed subdivision or sale In violation of the provisions of this chapter. Any transfer or conveyance, or purported transfer or conveyance or agreement to transfer or convey any parcel of land without compliance wIth the provisions of this chapter shall be voidable at the option of the transferee in accordance with the provisions of the Government Code, Division 2, Title 7. commencing with Section 65000. SECTION 2: That Title 9 of the Arroyo Grande Municipal Code Is amended by adding the following subsectIons to Chapter 3 thereto: Section 9-3.204A Deviation. Deviations from standards would Include: Density transfer, optional design standards, and/or any new concepts that would result In an improved utilization of the land. SectIon 9-3.205A Fla'g Lot. A "Flag Lot" shall mean an interior Jot which is connected to a publ rc street by a narrow strip of land which provides the required access as per City standards. ~ Section 9-3.207A Interested Person. For purposes of this chapter, an interested person shall be any person affected by a decision of the Planning CommissIon. In the event an appeal is filed regardIng a decision of the Planning Commission and a public hearing is granted, those persons noticed of the time and date of the hearing by letter shall be those property owners of record, on the most recent tax roll, who own property which lIes within the three hundred foot (300') public notice area. I Section 9-3.2\8A Public Utility Easement. "Pub 1 I c Ut II i ty Easement" sha II mean an easement dedIcated to the Public Utility Companies: PacIfic Gas & . Electric, Pacific Telephone, and Southern California Gas Company, for the purpose of distributing those services. Section 9-3.2188 Standards. Shall be all standards adopted by the City. - 12 -