HomeMy WebLinkAboutOrdinance 370 ORDINANCE NO. 370
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
ADOPTING A COMPREHENSIVE UPDATE OF THE CITY'S
SUBDIVISION ORDINANCE
(ZC 99012, Subdivision Ordinance)
WHEREAS, the City of Atascadero initiated a comprehensive update of the Subdivision
Ordinance; and,
WHEREAS, a timely and properly noticed Public Hearing upon the comprehensive
update of the Subdivision Ordinance was held by the Planning Commission of the City of
Atascadero on January 4, 2000 at which hearing evidence, oral and documentary, was admitted
on behalf of said Subdivision Ordinance; and,
WHEREAS, on January 4, 2000,the Planning Commission recommended approval of
the Subdivision Ordinance; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the comprehensive
update of the Subdivision Ordinance was held by the City Council of Atascadero on January 25,
2000 at which hearing evidence, oral and documentary, was admitted on behalf of said
Subdivision Ordinance Update, and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amendment the municipal code to protect the health, safety and welfare of its citizens by
applying orderly development of the City.
THE COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA DOES HEREBY FIND
AND ORDAIN AS FOLLOWS:.
Section 1. Chapters 1 through 17 of Title 11 of the Municipal Code inclusive, are
hereby repealed in their entirety.
Section 2. Title 11 of the Municipal Code is hereby amended as shown on Exhibit A
attached hereto and made a part thereof.
Section 3. This Ordinance is enacted pursuant to and in compliance with Government
Code 66411.
Section 4. The Council does hereby make the following findings:
1. The proposed Ordinance as shown in Exhibit A is exempt from environmental review under a
General Rule Exemption per Section 15061, (b)(3) of the CEQA Guidelines.
City of Atascadero
Ordinance # 370
Page 2
2. The proposed Ordinance is consistent with the General Plan of the City of Atascadero.
3. The proposed Ordinance is consistent with the State Subdivision Map Act.
4. The proposed Ordinance provides for proper grading and erosion control of property to
prevent off-site property damage and sedimentation.
5. The standards in the proposed Ordinance are not more restrictive than those required by the
State Subdivision Map Act.
6. The proposed Ordinance will not adversely effect the housing needs of the region, nor will it
impose criteria for or improvements for a subdivision with the purpose of rendering
infeasible the development of housing for any and all economic segments of the community.
7. The proposed Ordinance does not impose standards and criteria for public improvements
which exceeds the standards and criteria being applied to by the City at this time to its
publicly financed improvements.
Section 5. The Mayor is authorized to execute this Ordinance on behalf of the City
and the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be
published as required by law.
Section 6. This Ordinance shall be effective at 12:01 a.m. on the 31 S` day after its
final passage.
PASSED AND ADOPTED this eighth day of February, 2000.
ARay
TASCA ERO
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ATTEST:
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Marcia McClure Torgerson LL
City Clerk
APPROVED AS TO FORM:
Roy ,. anley, i y Atto y
TITLE 11
ATASCADERO MUNICIPAL CODE
SUBDIVISIONS
Chapters:
1 General Provisions
2 Definitions
3 General Requirements for Maps
4 Maps
5 Lot Line Adjustment
6 Subdivision Design
7 Dedications
8 Subdivision Improvement Requirements
9 Subdivision Exceptions
10 Reversion to Acreage
11 Lot Merger
12 Condominium Conversions
13 Enforcement
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TITLE 11 "
Chapter 1
GENERAL PROVISIONS
1.01 Title
1.02 Purpose
1.03 Adoption Authority- Conformance With Other Regulations
1.04 Interpretation and Application
1.05 Conflict With Public Provisions
1.06 Conflict With Private Provisions
1.07 Actions By Persons With Interest
1.08 Severability
1.09 Fees
1.10 Appeals
1.01 Title
This title shall be known and cited as the "Atascadero Subdivision Ordinance."
1.02 Purpose
The regulations codified in this title are adopted for the following purposes:
A. For the purpose of promoting the public health, safety, convenience and
general welfare; the design, improvement and survey data of subdivisions;
and the form and content of tentative, parcel and final maps thereof; and the
procedure to be followed in securing official approval thereof shall be
governed by the provisions of the Subdivision Map Act, Section 66410 to
66499.58 of the Government Code of the State of California, Title 7,
Planning and Land Use, and by the additional provisions of this title, and
shall comply with the provisions of the City General Plan and Title 9 ,
Zoning.
B. Further, it is the purpose of this title to encourage, where appropriate, new
concepts and innovations in the arrangement of building sites within
subdivisions. 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
environmental preservation and technological progress.
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1.03 Adoption authority- Conformance with other regulations '
These regulations are adopted pursuant to the Subdivision Map Act, Section 66410 to 66499.58
of the Government Code of the State of California; as a "local ordinance" as that term is used in
that act, and to supplement the provisions of that act. All provisions of the Subdivision Map Act
and future amendments thereto not incorporated in these regulations shall apply to all
subdivisions, subdivision maps and proceedings under these regulations. Nothing in this section
shall be read to limit the rights of the City to enact additional provisions concerning the division
of land as are deemed necessary to protect the public health, safety and general welfare.
Approval or conditional approval of a subdivision map shall not excuse compliance with other
applicable provisions of this code or other applicable ordinances, rules, regulations and policies
adopted by the City.
1.04 Interpretation and Application
In their interpretation and application, these regulations shall be held to be the minimum
requirements for the promotion of the public health, safety and general welfare.
1.05 Conflict With Public Provisions
These regulations are not intended to annul any other law or regulation. Where any provision of
these regulations imposes restrictions different from those imposed by any other provision of
these regulations or any other regulation or law, whichever provisions are more restrictive or
impose higher standards shall control.
1.06 Conflict With Private Provisions
These regulations are not intended to abrogate any easement, covenant or any other private
agreement or restriction; provided, that where the provisions of these regulations are more
restrictive or impose higher standards or regulations than such easements, covenants, the
requirements of these regulations shall govern. When the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations more restrictive, or higher
standards than the requirements of these regulations or the determinations of the Planning
Commission in approving a subdivision or in enforcing these regulations, and such private
provisions are not inconsistent with these regulations or determinations thereunder, then such
private provisions shall be operative and supplemental to these regulations and determinations
made thereunder.
1.07 Actions By Persons With Interest
When any provisions of the Subdivision Map Act or of these regulations require the execution of
any certificate or affidavit or the performance of any act of a person in his official capacity who
is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be
executed or such act shall be performed by some other person duly qualified therefore and
designated so to act by the Council.
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1.08 Severability
If any part or provisions of these regulations or application thereof to any person or
circumstances are adjudged invalid by any court of competent jurisdiction,such judgment shall
be confined in its operation to the part, provision or application directly involved in the
controversy in which the judgment shall have been rendered and shall not affect or impair the
validity of the remainder of these regulations or the application thereof to other persons or
circumstances. The council declares that it would have enacted the remainder of these
regulations even without any such part, provision or application.
1.09 Fees
The Council shall, by resolution, establish fees to be charged of subdividers,and procedures of
collection and refunds for any activities authorized or required by this title, including appeals and
requests for continuance or time extension.
1.10 Appeals
Any person may appeal decisions of the Planning Commission or the Community Development
Director made pursuant to this title. Such appeal shall be in the form and manner as described in
Section 9.1.111 of the Zoning Ordinance. .
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TITLE 11 -
Chapter 2
DEFINITIONS
2.01 Generally
2.02 Advisory agency
2.03 Alley
2.04 Applicant
2.05 Average Cross Slope
2.06 City Council
2.07 Community Apartment
2.08 Condominium
2.09 Condominium Conversion
2.10 Day
2.11 Easement
2.12 Final Map
2.13 Flag Lot
2.14 Flood Hazard
2.15 Future Street
2.16 General Plan
2.17 Geologic Hazard
2.18 Lot
2.19 Lot Line, Front
2.20 Lot Line, Rear
2.21 Lot Line, Side
2.22 Parcel Map
2.23 Path
2.24 Planning Commission
2.25 Private Road Easement
2.26 Reversion to Acreage
2.27 Right-of-Way
2.28 Roadway
2.29 Slope
2.30 Specific Plan
2.31 Stock Cooperative
2.32 Street
2.33 Street tree
2.34 Subdivider
2.35 Subdivision
2.36 Subdivision Guidelines and Standards Manual
2.37 Subdivision Map Act
2.38 Subdivision Standards
2.39 Substantial Compliance
2.40 Tentative Map
2.41 Vesting Tentative Map
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2.01 Generally
For the purposes of the regulations codified in this title, and to supplement the
definitions in the Subdivision Map Act, the following words and phrases shall be
construed as defined in this chapter.
2.02 Advisory Agency
"Advisory agency" means the Community Development Director or Planning
Commission, as the case may be, which recommends to the Council action on
certain types of map applications.
2.03 Alley
"Alley" means a public or private way which provides vehicular access to the side
or rear of properties whose principal frontage is on a street.
2.04 Applicant
"Applicant"means the subdivider or his authorized representative.
2.05 Average Cross Slope
"Average cross slope" means the ratio, expressed as a percentage, of the
difference in elevation to the horizontal distance between two, points on the
perimeter of the area whose slope is being determined, with the line along which
the slope is being measured running essentially perpendicular to the contours
between the points.
2.06 City Council
"City Council" means the City Council of the City of Atascadero which is the
official body charged with hearing and making determinations with the respect to
appeals of decisions of the Planning Commission as described in Chapter 1.10 of
this title and the official body charged with final approval of all final maps and
parcel maps with dedications and the acceptance, acceptance subject to improve-
ment, or rejection without prejudice of all offers of dedication.
2.07 Community Apartment
"Community apartment" means an apartment development as defined in Section
11004 of the Business and Professions Code in which an undivided interest in real
property is coupled with the right of exclusive occupancy of an apartment located
within the property. For the purposes of these regulations, community apartments
will be subject to the same requirements as condominiums, as defined in Section
1350 of the Civil Code.
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2.08 Condominium
"Condominium" means an estate in real property consisting of an undivided
interest in common in a portion of a parcel together with a separate interest in
space in a building on such real property. "Condominium" is more particularly
defined in Section 1350 of the Civil Code.
2.09 Condominium Conversion
"Condominium conversion" means the conversion of property occupied under
tenancies or estates other than condominium to occupancy as condominiums.
2.10 Day
"Day" means calendar day. If the end of an interval specified in days falls on a
weekend or holiday, the interval shall be deemed to end on the next business day.
2.11 Easement
"Easement" means an interest allowing the use of the property of another,
commonly for the purpose of installing and operating public drainage facilities,
public utilities, public vehicular or pedestrian ways, bike paths, riding or biking
trails, or other necessary uses or public facilities located outside of the street right-
of-way.
2.12 Final Map
"Final Map" means a map required to be filed with the County Recorder for all
subdivisions creating five or more parcels, five or more condominiums as defined
in Section 783 of the Civil Code, a community apartment as defined in Business
and Professions Code 11004 containing five or more parcels, or for the conversion
of a dwelling to a stock cooperative containing five or more dwelling units as
defined in Business and Professions Code 11003.2, except as noted in Section
66426 of the Subdivision Map Act.
2.13 Flag Lot
"Flag lot" means a lot predominantly situated behind another lot and having
access to a street by means of a narrow portion of the flag lot extending out to the
street.
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2.14 Flood Hazard
"Flood hazard"means a potential danger to life, property or natural resources due
to storm water runoff or inundation, including deposition of silt and debris,
erosion, or the presence of standing water.
2.15 Future Street
"Future street" means real property subject to a yet unaccepted offer of
dedication, all or part of which may later be accepted for a street by Council
resolution and without further action by the owner.
2.16 General Plan
"General plan"means the adopted general plan of the City of Atascadero.
2.17 Geologic hazard
"Geologic hazard" means a condition in the earth's surface, either natural or
artificially created, which is potentially hazardous to life, property or natural
resources due to possible movement of rock or soil.
2.18 Lot
"Lot" means a parcel of land which is identified by a distinct number or letter on a
final map or parcel map recorded in the office of the County Recorder, or such
parcel complying with approval requirements in effect when it was recorded or as
noted in Section 66412.6 of the Subdivision Map Act.
2.19 Lot Line,Front
"Front lot line" means the line which separates the lot from the street. For a
corner lot, the line at the shortest street frontage will be the front lot line, unless
the latest tract deed restrictions specify another line.
2.20 Lot Line, Rear
"Rear lot line" means the lot line opposite and most distant from the front lot line.
In the case of an irregular or triangular lot, the rear lot line is a line within the lot,
parallel to and at a maximum distance from the front lot line, having a length of at
least ten feet.
2.21 Lot Line, Side
"Side lot line" means any lot line other than a front or rear lot line.
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2.22 Parcel Map
"Parcel Map" means a map required to be filed with the County Recorder for all
divisions of real property into four or fewer parcels, or creation of four or fewer
condominiums or a stock cooperative or community apartment project having four
or fewer parcels or units, except as provided in Section 66426 of the Subdivision
Map Act or in Section 3.03 of this title.
2.23 Path
"Path" means a way designed for use by pedestrians or bicycles and not designed
or intended for use by motor vehicles.
2.24 Planning Commission
"Planning Commission" means the Planning Commission of the City of
Atascadero which is the advisory agency charged with final approval of all parcel
maps without dedications and the body charged with hearing and making
determinations with the respect to appeals of decisions of the Community
Development Department.
2.25 Private Road Easement
"Private road easement" means an easement, recorded in the office of the County
Recorder, granted to owners of property adjacent to the parcel covered by the
easement, for access to the adjacent properties.
2.26 Reversion to Acreage
"Reversion to acreage" means the combining of two or more recorded contiguous
lots into a single parcel as discussed in Chapter 6, Article 1, of the Subdivision
Map Act.
2.27 Right-of-Way
"Right-of-way" means a parcel of land occupied or intended to be occupied by a
street, path, railroad, electric transmission line, oil or gas pipeline, water main,
sewer main, storm drain or similar utility or special use. Use of the term "right-of-
way", distinguished from "easement", shall mean that the area dedicated to the
special use shall be separate from adjoining lots and shall not be included in the
area or dimensions of such lots. Rights-of-way intended for a use involving
maintenance by a public agency shall be dedicated to public use by the owner of
the parcel(s) on which the right-of-way is established.
2.28 Roadway
"Roadway" means that portion of a street or alley used or intended to
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accommodate the movement of vehicles.
2.29 Slope
See Section 2.05;Average cross slope.
2.30 Specific Plan
"Specific plan" means a plan for a designated area of the City, based on the
general plan but containing more detailed regulations and programs, as provided in
Section 65450, et. seq. of the California Government Code.
2.31 Stock Cooperative
"Stock cooperative" means an apartment development as defined in Section
11003.2 of the Business and Professions Code in which an undivided interest in
the land is coupled with the right of exclusive occupancy of an apartment in the
development. For the purposes of these regulations, stock cooperatives will be
subject to the same requirements as condominiums, as defined in Section 1350 of
the Civil Code.
2.32 Street
"Street" means any highway street, way, sidewalk or other public place in the
incorporated territory of the City, either owned by the City, used by the public
pursuant to prescriptive rights, or dedicated to the public for the purpose of travel
by vehicles or pedestrians including colony roads. "Street" includes all, or any
part of, the entire width of right-of-way, and above and below the same, whether
or not such entire area is actually used for street purposes.
2.33 Street Tree
"Street tree means a tree in a public place, street, special easement or right-of-
way adjoining a street.
2.34 Subdivider
"Subdivider" means a person, firm, corporation, partnership or association which
proposes to divide, causes to be divided, or divides real property for itself or for
others, except employees or representatives of such persons or entities, acting in
such capacity, are not subdividers.
2.35 Subdivision
"Subdivision" means the division, by any subdivider, of any unit or units of
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improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the purpose
of sale, lease or financing, whether immediate or future. Property shall be
considered as contiguous units, even if it is separated by roads, streets, utility
easement or railroad rights-of-way. Subdivision includes a condominium project,
as defined in subdivision (f) of Section 1351 of the Civil Code, a community
apartment project, as defined in subdivision (d) of Section 1351 of the Civil Code,
or the conversion of five or more existing dwelling units to a stock cooperative, as
defined in subdivision(m) of Section 1351 of the Civil Code.
2.36 Subdivision Guidelines and Standards Manual
The "Subdivision Guidelines and Standards Manual" is a document designed
to assist applicants in implementing the policies contained in the City's
Subdivision Ordinance.
2.37 Subdivision Map Act
"Subdivision Map Act" means the Subdivision Map Act of the State of
California, Section 66410 to 66499.58 of the Government Code of the State of
California, and such revisions as may be made by the California legislature.
2.38 Subdivision Standards
"Subdivision Standards" means the standards for design and construction of
subdivisions adopted by resolution by the Council.
2.39 Substantial Compliance
"Substantial Compliance" means the subdivision design shown on the final map
is consistent with the intent of the approved tentative map, as determined by the
Community Development Director and the City Engineer. In no cases shall the
addition of lots be considered in"substantial compliance".
2.40 Tentative Map
"Tentative Map" means a map made for the purpose of showing the design and
improvement of a proposed subdivision and the existing conditions in and around
it.
2.41 Vesting Tentative Map
"Vesting tentative map" means a map which meets the requirements for a
tentative map and the other requirements that are set forth in this title and the
Subdivision Map Act, and which will provide certain statutorily vested rights to
the subdivider.
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TITLE 11
Chapter 3
GENERAL REQUIREMENTS FOR MAPS
3.01 Final Maps
3.02 Parcel Maps
3.03 Exclusions and Exceptions
3.04 Lot line Adjustment
3.05 Correcting or Amending Maps
3.06 Lot Merger
3.07 Expansion of Condominium Projects
3.01 Final Maps
Except as provided in Section 3.03, the division of real property into five or more
parcels or creation of five or more condominiums or a stock cooperative or
community apartment project having five or more parcels or units requires the
filing, approval and recording of tentative and final maps as provided in these
regulations and the Subdivision Map Act.
3.02 Parcel Maps
Except as provided in Section 3.03, the division of real property into four or fewer
parcels, or creation of four or fewer condominiums or a stock cooperative or
community apartment project having four or fewer parcels or units requires the
filing, approval and recording of tentative and parcel maps as provided in these
regulations and the Subdivision Map Act.
3.03 Exclusions and Exceptions
A. No maps shall be required for divisions of property which are excepted
from the definition of subdivision within the Subdivision Map Act.
B. Parcel maps,but not final maps, shall be required for those land divisions
enumerated as exceptions under Section 66426 of the Subdivision Map
Act.
C. No maps shall be required for:
1. The financing or leasing of apartments, offices, stores or similar
space within apartment buildings, industrial buildings, commercial
buildings, mobile home parks or trailer parks;
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2. Mineral, oil or gas leases;
3. Land dedicated for cemetery purposes under the Health and Safety
Code of the State;
4. Boundary line or exchange agreements to which the State Land
Commission or a local agency holding a trust grant of tide and
submerged lands is a party;
5. Any separate assessment under Section 2188.7 of the Revenue and
Taxation Code;
6. The financing or leasing of any parcel of land, or portion of parcel,
in conjunction with the construction of commercial or industrial
buildings on a single parcel, when the project is subject to planned
development or use permit approval pursuant to the Zoning
Ordinance;
7. The financing or leasing of existing separate commercial or
industrial buildings on a single parcel.
D. Any conveyance of land to a governmental agency, public entity or public
utility shall not be considered a division of land for the purpose of
determining the number of parcels within a subdivision.
E. Parcel maps shall not be required for those conveyances involving
government agencies or public utilities, as provided in Section 66428 of
the Subdivision Map Act.
3.04 Lot Line Adjustment
The adjustment of a boundary line between two or more adjacent parcels, where
the land taken from one parcel is added to an adjacent parcel, and where a greater
number of parcels than originally existed is not thereby created, does not require a
final or parcel map.
3.05 Correcting or Amending Maps
Recorded final maps and recorded parcel maps may be amended, corrected or
modified, as provided in the Subdivision Map Act (Sections 66469 through
66472.1). Approved lot line adjustments may be amended as provided for final
and parcel maps, with amending or correcting documents to be filed with the
Community Development Department and the County Recorder.
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3.06 Lot Merger
Contiguous parcels under common ownership may be merged (interior lot lines
may be removed) by approval of a lot merger, together with recordation of a
certificate of compliance for the new parcel, as provided in Chapter 13.03 of this
title.
3.07 Expansion of Condominium Projects
The addition of floor area to a condominium project shall require approval of the
type of map previously approved. If the City Engineer finds such a map is not
necessary for the purposes of these regulations, the City Engineer may waive the
requirement for such a map.
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TITLE 11
Chapter 4
MAPS
Article 1 Tentative Maps
4.01 Identification of Tentative Map
4.02 Filing of Tentative Map--Application
4.03 Examination of Application
4.04 Distribution of Tentative Map
4.05 Departmental Reports on Tentative Map
4.06 Notice of Planning Commission Hearing on Tentative Map
4.07 Continuances of Tentative Map Action
4.08 Submission of Revised Tentative Map
4.09 Planning Commission Action on Tentative Map
4.10 Withdrawal Of Tentative Map
4.11 Minor Modification of Tentative Map After Approval
4.12 Extension of Time to Act
4.13 Application After Denial
Article 2 Final Maps
4.21 Filing of Final Map
4.22 Termination of Proceedings
4.23 Time Extension
4.24 Final map Compliance
4.25 Submission of Final Map
4.26 Action of City Engineer and Community Development Director
4.27 Council Action on Final Map
4.28 Council Acceptance or Rejection of Offers of Dedication
4.29 Disposition After Approval
Article 3 .Vesting Tentative Maps
4.31 Application
4.32 Filing and Processing
4.33 Vesting on Approval of Vesting Tentative Map
4.34 Development Inconsistent With Zoning; Denial or Conditional
Approval
4.35 Applications Inconsistent With Current Policy
4.36 Expiration
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Article 4 Parcel Maps
4.41 Filing - Processing -Appeals -Dedication Acceptance.
4.42 Planning Commission Action on Parcel Maps Without Dedications
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TITLE 11
Chapter 4
Article 1 Tentative Maps
4.01 Identification of Tentative Map
Before submitting a tentative map, the person preparing the map shall obtain a
tract number from the County of San Luis Obispo. The number shall be placed
upon each copy of the tentative map and shall not be changed unless a new number
is assigned to the subdivision by the County of San Luis Obispo. The tract may
also be given a name.
4.02 Filing of Tentative Map -Application
The tentative map application shall be filed with the Community Development
Department and shall be prepared in accordance with these regulations, the
Subdivision Map Act and the Subdivision Guidelines and Standards Manual. The
application shall be accompanied as many copies of the tentative map as may be
required by the Community Development Director.
4.03 Examination of Application
Planning and Engineering staff shall examine the map application upon
presentation and shall not accept it unless it is a complete application in
compliance with the Subdivision Map Act and these regulations. The Subdivider
shall be notified in writing within thirty days following submittal if the map
application is not complete. The tentative map application shall not be considered
received until stamped, signed and dated by the Community Development
Department. Further the map application shall not be deemed complete until an
environmental determination has been made as provided in the City's CEQA
Guidelines.
4.04 Distribution of Tentative Map
After a tentative map has been submitted and determined to be complete, the
Planning staff shall forward a copy of the map and accompanying data and reports
to all appropriate staff, departments and other agencies for review and report.
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4.05 Departmental Reports on Tentative Map
Within twenty days of forwarding, each staff member, department or agency
given a copy of the tentative map application shall send the Community
Development Department its report with recommendations, if any, pertaining to
the map. Based on staff analysis and the recommendations submitted to it, the
Community Development Department shall prepare a report and recommendation
for transmittal with the application for filing with the Planning Commission.
4.06 Notice of Planning Commission Hearing on Tentative Map
The planning commission shall hold a public hearing on the tentative map, and
notice thereof shall be given as provided in Section 66451.3 of the Map Act,
except those subdivisions proposed within an area zoned Residential Suburban
(RS), where all owners of real property within a 1000 feet radius of the subject
property shall receive notice as provided herein. Any interested person may
appear at such hearing and shall be heard.
Each street frontage of property to be subdivided shall be clearly posted by the
applicant with a "Notice Of Intent To Subdivide" provided by the Community
Development Department at the time that a complete application for subdivision is
filed.
4.07 Continuances of Tentative Map Action
Applicant requested Continuances. A tentative map scheduled for a Planning
Commission Agenda will be considered only when the applicant is present. Prior
to the scheduled date of Planning Commission consideration, the applicant may
request a continuance to a future agenda date. Granting or denial of such request
is at the sole discretion of the Planning Commission.
4.08 Submission of Revised Tentative Map
Prior to consideration of tentative map the Planning Commission, a revised
tentative map may be submitted for consideration. A new application and fee shall
be required prior to placement on the Planning Commission's Agenda. An
updated title report may be required. Changes required by the City shall not be
considered map revisions. A revised tentative map shall be considered as a new
application, and the date of filing shall be the date of filing the revised tentative
tract map. The first application shall be deemed withdrawn upon the submission
of the revised application.
4.09 Planning Commission Action on Tentative Map
The Planning Commission shall, after a hearing and consideration of the tentative
map, accompanying reports of applicant and staff, and public testimony, consider
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and approve, conditionally approve, or disapprove the tentative map. If
conditional approval of a map is recommended, the report shall contain a complete
statement of the conditions of approval. The approval or conditional approval of
any tentative map shall not constitute an approval of any exception or deviation
from any zoning regulations of the City nor shall it be deemed as an approval to
proceed with any development in violation of any applicable provision of law. If
the map is disapproved, the grounds for disapproval shall be stated.
4.10 Withdrawal of Tentative Map
Once a date for Planning Commission consideration of the tentative map has been
set, requests for withdrawal shall be submitted to the Planning Commission in
writing, or orally if made at the meeting when the map is being considered. No
refund of the filing fee shall be made. Withdrawal of the map shall be an effective
denial of the application.
4.11 Minor Modification of Tentative Map After Approval
Minor modifications of an approved or conditionally approved tentative map may
be made subject to the approval of the Community Development Director and the
City Engineer prior to filing of the final map.
4.12 Extension of Time to Act
Any of the time limits for acting on tentative maps specified in these regulations
may be extended by mutual consent of the subdivider and the Community
Development Department or Planning Commission. To do so, the subdivider must
expressly waive, in writing or in the record at a public hearing, his right to have
the map considered within the time limits set forth in the Permit Streamlining Act
(Section 65943, California Government Code).
4.13 Application After Denial
When any application for a tentative map filed pursuant to this chapter has been
denied, no new application which is substantially the same shall.be filed within
one (1) year of the date of denial unless the facts upon which the Planning
Commission based its decision have changed. The Community Development
Director shall determine whether facts have changed or when an application is
substantially the same as the previous application.
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TITLE 11
Chapter 4
Article 2 Final Maps
4.21 Filing of Final Map
Within twenty-four months of the date of approval or conditional approval of the
tentative map, the subdivider shall cause the final map to be prepared and filed in
accordance with these regulations, the Subdivision Map Act, and the Subdivision
Guidelines and Standards Manual.
4.22 Termination of Proceedings
Failure to file a final map within 24 months of the date of approval or conditional
approval of a tentative map, or within any extended period of time granted in
accordance with this Title shall terminate all proceedings. Before a final map may
thereafter be filed, a new tentative map shall be submitted and approved
hereunder. Delivery of the map to the Community Development Department shall
be deemed a timely filing for purposes of this section.
4.23 Time Extension
A. The Planning Commission may extend the time for filing the final map for
a period or periods not exceeding a total of five(5) years or as provided by
Section 66452.6 and/or Section 66463.5 of the Subdivision Map Act.
B. Applications for extension shall be made in writing to the Community
Development Department prior to the date of tentative map expiration.
Time extensions may be granted subject to the condition that the final map
shall be prepared and improvements constructed and installed in
compliance with the requirements in effect at the time the request for
extension is considered. The Planning Commission may also impose any
other conditions which it was empowered to impose at the time of the
tentative map approval, and it may revise or delete conditions.
4.24 Final Map Compliance
Final maps shall be prepared in accordance with the approved tentative map.
4.25 Submission of Final Map
When all the statements appearing on the final map, except the approval
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statements of the City Clerk, City Engineer, City Planning Commission, the
County Recorder's certificate, have been signed, and where necessary,
acknowledged, the final map, along with copies of reference maps and other
supporting data necessary to verify the survey, may be submitted to the City for
examination and presentation to the Council for final approval, provided it
complies with all other provisions of these regulations. The map shall be
accompanied-by as many prints as required by the Community Development
Department.
4.26 Action of City Engineer and Community Development Director
A. Upon receipt of a final map and accompanying documents, fees and
materials for filing, the City Engineer and Community Development
Director shall determine if they are in substantial conformity with the
approved or conditionally approved tentative map and modifications and
conditions made or required by the Planning Commission. If they are
found to be complete and in conformance with these and other applicable
regulations, the Community Development Director shall transmit the map
to the City Engineer who shall sign the map and then transmit the map to
the City Clerk. No map shall be signed by the City Engineer until the
required improvements have been installed or an agreement or bond for
installation has been secured in accordance with these regulations.
B. Should the map or accompanying documents, fees or materials be found to
be incomplete or incorrect in any respect, the City Engineer or Community
Development Director shall advise the subdivider by mail of the changes
or additions that must be made before the map may be certified.
C. If the City Engineer or Community Development Director determines
circumstances concerning the design and improvement of the subdivision
relation to the public health, safety and welfare have materially changed
since the approval of the tentative map, they need not certify the final map.
In such instances, the City Engineer and Community Development
Director shall return the map to the Planning Commission for further
consideration.
D. The final map shall not be considered filed for action by the Council until
the City Engineer and Community Development Director have completed
the actions required by them by subsections A, B, and C of this section.
4.27 Council action on Final Map
A. At the meeting at which it receives the map, or at the first regular meeting
thereafter, the Council shall approve the map if it conforms with the
approved tentative map and meets the requirements of the Subdivision
Map Act, these regulations, and any rulings made pursuant to them. If the
map does not conform,the Council shall disapprove it.
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B. If the Council fails to act within the prescribed time, the final map shall be
deemed approved to the extent it meets the requirements enumerated
above: Upon approval by either action or inaction, the City Clerk shall
certify approval of the final map.
4.28 Council Acceptance or Rejection of Offers of Dedication
Subject to exceptions in the Subdivision Map Act, at the time the Council
approves a final map, it shall also accept, accept subject to improvement or reject
without prejudice all offers of dedication. This action shall be certified on the map
by the City Clerk.
4.29 Disposition After Approval
After the Council approves a final map, the City Clerk shall transmit the map to
the County Recorder.
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TITLE 11
Chapter 4
Article 3 Vesting Tentative Maps
4.31 Application
A. Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by this Subdivision Ordinance, requires the filing of a
tentative map or tentative parcel map, a vesting tentative map may instead
be filed,in accordance with the provisions hereof.
B. If a subdivider does not seek the rights conferred by the Vesting Tentative
Map Statute, the filing of a vesting tentative map shall not be a prerequisite
to any approval for any proposed subdivision, permit for construction, or
work preparatory to construction.
4.32 Filing and Processing
A vesting tentative map shall be filed in the same form; and the application
package shall have the same contents, accompanying data and reports and shall be
processed in the same manner as set forth in this subdivision ordinance for a
tentative map except as provided in Section 4.33.
4.33 Vesting on Approval of Vesting Tentative Map
A. The approval or conditional approval of a vesting tentative map shall
confer a vested right to proceed with development in substantial
compliance with the ordinances, policies, and standards described in
Government Code Section 66474.2. However, if Section 66474.2 of the
Government Code is repealed, the approval or conditional approval of a
vesting tentative shall confer a vested right to proceed with development in
substantial compliance with the ordinances, policies, and standards in
effect at the time the ordinances, policies, and standards in effect at the
time the vesting tentative map is approved or conditionally approved.
B. Notwithstanding subsection A, a permit approval, extension or entitlement
may be made conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or
the immediate community, or both, in a condition dangerous to
their health or safety, or both.
2. The condition or denial is required, in order to comply with state or
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federal law.
C. The rights referred to herein shall expire if a final map is not approved
prior to the expiration of the vesting tentative map as provided in Section
4.36. If the final map is approved, these rights shall last for the following
periods of time:
1. An initial time period of one (1) year. Where several final maps are
recorded on various phases of a project covered by a single vesting
tentative map, this initial time period shall begin for each phase
when the final map for that phase is recorded.
2. The initial time period set forth in C.I. shall be automatically
extended by any time used for processing a complete application
for a grading permit or for design or architectural review, if such
processing exceeds 30 days, from the date a complete application
is filed.
3. A subdivider may apply to the Community Development Director
for a one-year extension at any time before the initial time period
set forth in C.I. expires. If the extension is denied, the subdivider
may appeal that denial to the Planning Commission within 15
days.
4. If the subdivider submits a complete application for a building
permit during the periods of time specified in subsections 1.-3., the
rights referred to herein shall continue until the expiration of that
permit,or any extension of that permit.
4.34 Development Inconsistent With Zoning; Denial or Conditional Approval
A. Whenever a subdivider files a vesting tentative map for a subdivision
whose intended development is inconsistent with the zoning ordinance in
existence at that time, that inconsistency shall be noted on the map. The
City shall deny such a vesting tentative map or approve it conditioned on
the subdivider, or his or her designee, obtaining the necessary change in.
the zoning ordinance to eliminate the inconsistency. If the change in the
zoning ordinance is obtained, the conditionally approved vesting tentative
map shall, notwithstanding Section 4.33A., confer the vested right to
proceed with the development in substantial compliance with the change
in the zoning ordinance and the map, as approved.
B. The rights conferred by this section shall be for the time periods set forth in
Section 4.33C.
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4.35 Applications Inconsistent With Current Policy
Notwithstanding any provision of this ordinance, a property owner or his or her
designee may seek approvals or permits for development which depart from the
ordinances, policies, and standards described in Sections 4.33 and 4.34, and local
agencies may grant these approvals or issue these permits to the extent that the
departures are authorized under applicable law.
4.36 Expiration
The approval or conditional approval of a vesting tentative map shall expire at the
end of the same time period, and shall be subject to the same extensions,
established by Section 4.23 for the expiration of the approval or conditional
approval of a tentative map.
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TITLE 11
Chapter 4
Article 4 Parcel Maps
4.41 Filing- Processing- Appeals -Dedication Acceptance
The procedures for filing, processing, public notice and actions on tentative and
parcel maps shall be the same as provided in these regulations for tentative and
final maps except as provided in Section 4.42 and 8.22.
4.42 Planning Commission Action on Parcel Maps Without Dedications
A. The Planning Commission is the advisory agency charged with final
approval of all parcel maps without dedications
B. At the meeting at which it receives the parcel map, or at the first regular
meeting thereafter, the Planning Commission shall approve the map if it
conforms with the approved tentative map and meets the requirements of
the Subdivision Map Act, these regulations, and any rulings made
pursuant to them. If the map does not conform, the Planning Commission
shall disapprove it.
C. If the Planning Commission fails to act within the prescribed time, the
parcel map shall be deemed approved to the extent it meets the
requirements enumerated above. Upon approval by either action or
inaction, the Secretary of the Planning Commission shall certify approval
of the parcel map.
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TITLE 11
Chapter 5
LOT LINE ADJUSTMENT
5.01 Application For Lot Line Adjustment
Application for lot line adjustment shall be in the same form as prescribed for
tentative maps in the Subdivision Guidelines and Standards Manual.
5.02 Procedures For Lot Line Adjustment
A. The procedures for review of lot line adjustments shall be as provided in
Chapter 4 for tentative maps except that action on lot line adjustments
shall be by the Community Development Director and shall not require
Planning Commission action except where existing non-conforming lots
are proposed to be reduced in size.
B. Upon a determination by the Community Development Director or City
Engineer that the original parcels were legally created, that the parcels
resulting from the lot line adjustment will conform to the City's zoning
ordinance and building regulations, and that the lot line adjustment will
not result in a greater number of parcels than originally existed, the lot line
adjustment shall be approved.
C. Conditions or exactions imposed on the approval of a lot line adjustment
shall be limited to those necessary to insure conformance with the City's
zoning ordinance and building regulations, facilitate the relocation of
existing utilities, infrastructure, and/or easements and to require the
prepayment of real property taxes prior to the approval of the lot line
adjustment
D. Upon acceptance of all statements,guarantees, and other documents which
,are required in conjunction with the lot line adjustment, the Community
Development Director may file a certificate of compliance, which shall
refer to the approved lot line adjustment map, for each parcel affected by
the change and shall cause a deed to be recorded in the Office of the
County Recorder. No record of survey shall be required for a lot line
adjustment unless required by Section 8762 of the Business and
Professions Code.
E. At the option of the property owner, a parcel map delineating the new
parcels may be prepared instead of Certificates of Compliance.
F. The Director's action may be appealed as provided in Chapter 1.10.
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TITLE 11
Chapter 6
SUBDIVISION DESIGN
Article 1 General Considerations
6.01 General Considerations
Article 2 Lots
6.21 General Requirements.
6.22 Lot Lines
6.23 Depth-Width Relationship
6.24 Minimum Lot Sizes
6.25 Lot Slope
6.26 Flag Lots (Deep Lot Subdivisions)
Article 3 Streets
6.31 General Design and Improvement Standards
6.32 Access Restrictions.
6.33 Street Names.
6.34 Slope Easements.
6.35 Street types and Requirements.
Article 4 Design Criteria and Improvement Standards
6.41 General Requirements.
6.42 Improvements.
Article 5 General Design and Improvement Standards
6.51 Walkways
6.52 Watercourses
6.53 Roads and Streets
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TITLE 11
Chapter 6
Article 1 General Considerations
6.01 General Considerations
The layout of streets and lots within a subdivision shall be consistent with the
densities and types of uses authorized by the general plan, specific plans and
zoning ordinance. The subdivision design shall also recognize the physical
conditions of the site, such as slope, soil types, and adjacent land use, which may
further limit uses of the property. The subdivider must simultaneously consider
such factors as terrain, development objectives, and options available under these
regulations in order to design a subdivision which best meets the needs of those
who will occupy it as well as the community as a whole.
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TITLE 11
Chapter 6
Article 2 Lots
6.21 General Requirements
The design of lots should be based on intended use, topography and access
requirements. Lots which are impractical for intended uses due to terrain, location
of natural features, inadequate access, frontage, or buildable area, or other physical
limitations will not be approved. All lots shall abut on an improved street unless
approved as a deep lot subdivision by the Planning Commission, under standards
adopted by the Planning Commission.
6.22 Lot Lines
A. Lot lines shall be at the top of slope banks, unless otherwise approved by
the Advisory Agency.
B. Side lot lines shall be perpendicular to the street on straight streets, or
radial to the street on curved streets, unless another angle would provide
better building orientation for solar exposure or more lot area to the south
of the likely building site, or unless another lot configuration would better
suit the site topography or planned design of the development, unless
otherwise approved by the Advisory Agency.
6.23 Depth-Width Relationship
Lots with a ratio of depth to width greater than 3:1 shall not be permitted unless
there is adequate assurance that deep lot subdivisions and subsequent development
will be accomplished without detriment to adjacent properties.
6.24 Minimum Lot Sizes
Minimum lot sizes shall be as established in the Zoning Ordinance for the
underlying zoning district for which a subdivision or other action pursuant to this
Title is proposed.
6.25 Lot Slope
A. New lots shall not be permitted where the average slope is over 30%;
unless there is a building envelope with an average slope of less than 20%
or the creation of such a lot offers public dedications or easements
beneficial to the community.
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B. New lots shall not be permitted where private sewage disposal systems
would be required on slopes of more than 30%.
6.26 Flag Lots (Deep Lot Subdivisions)
A. Flag lots may be approved for subdividing deep lots subject to the
following findings: (1)the subdivision is consistent with the character of
the immediate neighborhood; (2)the installation of a standard street, either
alone or in conjunction with neighboring properties is not feasible; and (3)
the flag lot is justified by topographical conditions. Such subdivisions
shall conform with the following:
1. The accessway serving the flag lot(s) shall not be included in the
determination of required lot area for any lot.
2. The original lot shall have frontage on a dedicated street.
3. The accessway to the rear shall be at least twenty feet wide
(developed to City standards) for residential zones, except where
the accessway is more than one hundred fifty feet long, it shall be
at least twenty-four feet wide with twenty feet of pavement, unless
otherwise approved by the Planning Commission. For all other
zones, the accessway shall be at least thirty feet wide with a paved
roadway at least twenty-four feet wide.
4. Each lot shall have yards as required by the zoning regulations,
including a ten(10) foot setback along any accessway, whether
easement or lot line.
5. The lot farthest from the street shall own the accessway in fee.
Other lots using the accessway shall have an access and utility
easement over it, unless otherwise approved by the Advisory
Agency.
6. Lots utilizing the accessway of a flag lot may be required to enter
into a road maintenance agreement to insure perpetual maintenance
and repair of the accessway.
7. A reflectorized house number master sign shall be located at the
intersection of the street and accessway and individual
reflectorized address signs shall be placed on the right-hand side of
the driveway to each individual lot.
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TITLE 11
Chapter 6
Article 3 Streets
6.31 General Requirements
The design of a subdivision street system should result from an evaluation of
topographical conditions, the traffic likely to be generated by the types and
numbers of planned uses, and the purpose of each street. The street system must
allow an acceptable pattern of lots.
6.32 Access Restrictions
Reserve strips of land to control access from adjoining property to public streets
may be required by the City. Such reserve strips shall be at least one foot wide.
They shall be shown and clearly labeled on the final map. Access restrictions may
also be incorporated by note on the map.
6.33 Street Names
Streets which are continuations of streets shall have the same names. Streets
which are not continuations or which have significantly changed alignments shall
have names which do not duplicate or closely resemble any other street names.
Names for proposed streets shall be submitted on the tentative map for approval by
the City and shall be of Spanish origin or shall honor a non-living individual of
historic significance to the community.
6.34 Slope Easements
Where excavation or fill slopes extend beyond the street right-of-way, easements
for the slopes may be required by the City.
6.35 Street types and Requirements
Requirements (i.e., travel lane width, right-of-way width, etc.) for various types of
streets shall be as established by the City Engineer.
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TITLE 11
Chapter 6
Article 4. Design Criteria and Improvement Standards
6.41 General Requirement
The design criteria for subdivisions and the required physical improvements for
them shall be in compliance with the City's Zoning Ordinance, Standard Drawings
and Specifications, subdivision standards, and other applicable regulations or
standards.
6.42 Improvements
Improvement work, including grading, shall not be commenced until plans for all
such work have been approved by the City Engineer. All improvements shall be
constructed under the inspection of and to the satisfaction of the City.
Improvements to be installed by the subdivider, in accordance with the subdivision
standards established by the City Engineer, including the following:
A. Streets, curb, gutters, and sidewalks as required by the City Engineer.
B. The subdivider shall make provisions for any railroad crossing necessary
for the subdivision, including application to the California Public Utilities
Commission.
C. Separate bicycle paths or bicycle areas may be required.
D. Storm drainage, erosion and flood-control facilities shall be constructed for
the collection and transmission of storm water from the subdivision to the
nearest point of disposal which is satisfactory to the City Engineer. The
subdivider shall be responsible for proper drainage of all storm water
which runs onto his property from adjacent properties.
E. Durable boundary monuments shall be installed and shown on the final
map. In making a survey, the surveyor shall set permanent monuments of
minimum V? rebar or iron pipe at all angle points and curve points on the
exterior boundaries of the parcel or final map, and at all parcel corners.
Permanent street monuments shall be set at curve and angle points on the
centerline of the on-site streets and shall be set at the point of intersection
of all on-site streets.
F. Street name signs and traffic control and warning signs shall be installed as
specified by the City Engineer. Traffic signals and traffic signal control
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Ordinance# 370
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conduits may be required by the City Engineer.
G. Utilities to be installed by the subdivider shall include those listed in this
subsection. The development of these facilities may require financial
contribution for previous improvements to the systems, as provided in the
most recent council resolution on utility connection charges, or in any
agreement affecting a particular portion of a system, or applicable
easement.
1. Sanitary sewer laterals shall be stubbed to the front property line of
each lot if sanitary sewers are available. All facilities for the
transmission of sewage from each of the lots to the nearest adequate
point of connection to the City's sewer system shall be installed as
acceptable to the City Engineer.
a) Sewer lines need not be provided to lots which will be in
perpetual open space use.
b) All sewer mains shall be located within a dedicated City
street or alley or within a recorded easement. (The City
may make available its powers of condemnation, if needed,
to acquire a sewer easement for development of a
subdivision. All costs shall be borne by the subdivider.)
All manholes not within a street or paved drive shall be
within an easement to the City and accessible by an all-
weather dust-free road.
2. A water system for domestic service and fire protection shall be
provided, including all facilities necessary for the transmission of
water to each lot of the proposed subdivision from the nearest point
of adequate supply, satisfactory to the City Engineer, Atascadero
Mutual Water Company, and the Fire Department. Water service
shall be stubbed to a meter vault at the front of each lot. Pumping
and storage equipment to provide sufficient volume and duration of
flow of water shall be provided as determined by the City Engineer,
Atascadero Mutual Water Company, and the Fire Department. Fire
hydrants shall be installed according to the City Fire Code and to
the satisfaction of the Fire Department and City Engineer. Water
lines need not be provided to lots which will be in perpetual open
space use and which will not require irrigation or fire suppression.
The Fire Department may determine, however, that fire hydrants
are required.
3. Electric power, gas and telephone services shall be stubbed to each
lot and all facilities to distribute such services shall be provided
according to the requirements of the responsible utility companies.
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4. Cable television service may be required.
5. Fire alarm conduit may be required by the Fire Department.
H. All new utility distribution facilities shall be placed underground, except
accessory facilities such as terminal boxes, meter cabinets and transformers
may be installed above ground. The subdivider shall make all necessary
arrangements with the utility companies for these facilities.
I. The subdivider shall carry out protective measures as required by the City
to assure the proper functioning and maintenance of other required
improvements and properties adjacent to the subdivision. Temporary
protective improvements may be required prior to or concurrent with the
construction of permanent improvements.
J. Street trees with irrigation and root barriers shall be installed as required.
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TITLE 11
Chapter 6
Article 5 General Design and Improvement Standards
6.51 Walkways
Walkways shall be required where necessary to provide access to schools, parks
and scenic easements.
6.52 Watercourses
Water courses shall be shown as easements when required by the Planning
Commission, and storm drains shall be placed in easements when public right-of-
way is not available or adequate. The developer shall include sufficient guarantees
for the installation of the permanent drainage requirements as approved by the City
Engineer.
6.53 Roads and Streets
A. Existing streets shall be continued as required by the Planning
Commission;
B. Street stubs shall be required to adjacent unsubdivided property where, in
the opinion of the Planning Commission, they are necessary. A
satisfactory temporary turn around may be required, as well as the
installation of a standard barrier, to prevent ingress and egress;
C. Streets shall intersect at as near right angles as is practicable. Radius of
curvature, where the property lines intersect, shall be a minimum of fifteen
feet, except at majors or expressways, radius of curvature shall be
twenty-five feet.
D. "T" or three-way intersections are preferable to four-way intersections on
local streets, but centerline of"T" street shall not be located closer than one
hundred fifty feet to centerline of any other intersection;
E. Four-way intersections shall not be located closer than one hundred eighty
feet to any other intersections measured from the nearest right-of-way
lines;
F. Alleys or access roads, or acceleration lanes, shall be required to be
constructed in industrial, commercial and in multiple family areas where
necessary to control access to expressways and major streets which have
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limited access. The Planning Commission shall determine which alternate
shall be used;
G. Cul-de-sac streets shall conform to the City Engineering Specifications.
H. Streets shall conform as to alignment and width to the Circulation Element
of the City's General Plan.
I. Centerline curve radius shall conform to the City Engineering
Specifications.
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TITLE 11.
Chapter 7
DEDICATIONS
7.01 General Requirements.
7.02 Offer To Dedicate Easements To Remain Open.
7.03 Waiver of Direct Street Access.
7.04 Title Insurance For Dedication.
7.05 Parkland Dedications
7.01 General Requirements
All parcels of land intended or needed for public use shall be offered for
dedication to the City before any subdivision is approved - typically, when the
final map is filed. The subdivider shall grant whatever land or easements the City
determines are necessary to fulfill the purposes of these regulations. Such
dedication of parcels or easements and improvements may be required for the
following uses:
A. Streets and alleys, including future streets;
B. Private streets (conditional dedication) for emergency services;
C. Pedestrian and bicycle paths, or sidewalks;
D. Bus stops;
E. Public utilities;
F. Natural watercourses, storm drains and flood-control channels;
G. Public access, including access for maintenance or fire protection;
H. Protection of scenic and environmentally sensitive lands;
1. Street trees;
J. Parks and recreation facilities;
K. Protection of slope banks, areas subject to flooding, and other potentially
hazardous areas;
L. School sites as may be necessary in accordance with the Subdivision Map
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Act;
M. Sites to be preserved for public use as provided in the Subdivision Map
Act;
N. Such other public purposes as the City may deem necessary, provided the
amount of property required to be dedicated bears a reasonable relationship
to the increased need for public facilities created by the subdivision.
7.02 Offer to Dedicate Easements To Remain Open
If, at the time the final map or parcel map is approved, any of the easements set out
in Section 66477.2 of the California Government Code are rejected, the offers of
dedication shall be irrevocable and the Council may, by resolution at any later date
and without further action by the subdivider, rescind its action and accept and open
any of these easements for public use. The acceptance shall be recorded in the
office of the County Recorder.
7.03 Waiver of Direct Street Access
The City may require that any dedication or offer of dedication of a street shall
include a waiver of direct access rights to such street from any property shown on
a final map or parcel map as abutting thereon, and that if the dedication is
accepted, such waiver shall become effective in accordance with the provisions of
the waiver of direct access.
7.04 Title Insurance For Dedication
Before a final map is recorded, or if dedication and offers of dedication are
supplemented by separate instrument, before such instrument or instruments are
recorded, a preliminary title report shall be issued for the benefit and protection of
the City. Any expense involved in complying with the provisions of this section
shall borne by the subdivider.
l
7.05 Parkland Dedication Requirements
A. The subdivider shall provide for adequate and appropriate public park
and/or public recreation facilities for the subdivision by the dedication of
lands therein and according to the following requirements, pursant to the
authority granted by Section 66477 of the Government Code (Quimby
Act).
B. Prior to consideration of a tentative map, the Community Development
Department will identify pursuant to this chapter the land area required for
dedication or in-lieu fee payment. The Planning Commission shall state as
a condition of approval of a final map whether the subdivider shall dedicate
land, pay a fee in lieu thereof, or both, at the option of the Planning
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City of Atascadero
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Commission for public park and public recreation purposes.
C. General standards for the public interest, health and welfare require that
five (5) acres of property for each one thousand persons residing in the City
be devoted to public parks, public recreational trails and/or public
recreational facilities.
D. Dedication of land, fifty parcels or more.
1. Where a public parks, public recreational trail and/or public
recreational facility has been designated in the General Plan or
applicable Specific Plan and it is to be located in whole or in part
within the proposed subdivision, the subdivider shall dedicate land
for a local park as determined by the following formula:
(Average Population Density of Dwelling Type) X (5.0 Acres)
1000
=Parkland Acreage Requirement per Dwelling
(Parkland Acreage Requirement per Dwelling) X Proposed Units= Parkland Dedication
Requirements
The following table of population density has been established pursuant to Section
66477(2) of the Government Code (where these numbers conflict with the most recent
figures available from the Federal Census, the Census numbers shall be used):
Dwelling Type Average Persons/Unit
Detached(1 unit) 2.25
Attached(1 unit) 1.92
Attached (2 unit) 2.18
Attached(3 or 4 units) 2.28
Attached (5 units) 1.91
Mobile Home 1.52
2. When the subdivider is required to provide parkland improvements,
a credit for the value of the improvements shall be provided against
the payment of fees or dedication of land required.
3. The subdivider may be required to provide any of the following
subject to credit:
a. Full street improvements and utility connections including,
but not limited to curbs, gutters, street paving, traffic-
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control devices, street trees and sidewalks to dedicated
land.
b. Recreational improvements including, but not limited to
landscaping, irrigation, walkways, site lighting, play
equipment, picnic facilities, parking, restrooms and
benches.
C. Fencing along the property line of that portion of the
subdivision contiguous to the dedicated land.
d. Improved drainage throughout the site.
e. Other minimal improvements which the Planning
Commission identifies to be essential to the acceptance of
the land for park and recreational purposes.
4. Where only a portion of land to be subdivided is proposed as public
park under the General Plan or applicable Specific Plan, or when a
major part of the park or recreation facility has already been
acquired by the City and only a small portion of land is needed
from the subdivision to complete the site, such portion shall be
dedicated for park purposes and a fee in lieu of additional land that
would have been required to be dedicated shall be paid.
E. Dedication of Land, less than fifty parcels.
1. If the proposed subdivision contains fewer than fifty parcels the
subdivider shall have the option to pay a fee in lieu of dedicating
land. Such fee shall be calculated in accordance with subsection F
of this section.
2. In cases where the subdivider proposes the voluntary dedication of
land for park and recreation purposes, such land shall be found
acceptable for park and recreation purposes by the Planning
Commission prior to acceptance of the voluntary dedication of land.
The Planning Commission may require payment of in-lieu fees in
addition to the voluntary dedication of land.
F. Fees in Lieu of Land Dedication.
1. If there is no park and recreation facility designated in the General
Plan or applicable Specific Plan to be located in whole or in part
within the proposed subdivision, the subdivider shall pay a fee
equal to the value of the land that would have been required if land
had been dedicated. Such fees shall be used for a local facility
which bears a reasonable relationship to serve the present and
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future recreation needs of the residents of the subdivision.
2. Fees paid in lieu of land dedication shall be based on the fair
market value of the amount of land within the proposed subdivision
which would otherwise have been required. Fair market value shall
normally be based on the average value of an acre of land as
determined by the total assessed land value within the City or a
written appraisal of the land may be requested from an appraiser
acceptable to the City if so desired.
3. In-lieu fees must be paid prior to the recording of the final map.
Fees shall be determined by the City Engineer and paid to the City
for deposit in the park fee fund. Moneys in this fund shall be
expended solely for those uses allowed in the government code
including the acquisitions or development of public park and public
recreation facilities. Fees shall be committed pursuant to the park
and recreation program within five years of issuance of building
permits on one-half of the lots created by the subdivision.
G. Exceptions to Parkland Dedication Requirements.
1. Subdivisions containing less than five parcels and not used for
residential purposes shall be exempted from the requirements of
this section; provided, however, that a condition may be placed on
the approval of such parcel map that if a building permit is
requested for construction of a residential structure or structures on
one or more of the parcels within four years the fee may be required
to be paid by the owner of each such parcel as a condition to the
issuance of such permit.
2. The provisions of this section do not apply to commercial or
industrial subdivisions; nor do they apply to condominium projects
or stock cooperatives which consist of the subdivision of airspace in
an existing apartment building which is more than five years old
when no new dwelling units are added.
H. Subdivider Provided Recreation Improvements.
1. The value of specific recreation improvements to the subdivided
land provided by the subdivider shall be credited against the fees or
dedication of land required by this section. The Planning
Commission shall approve such improvements prior to agreeing to
accept the dedication of land and to require in-lieu fees should the
proposed land and improvements be unacceptable or designated in
the park and recreation element of the Atascadero General Plan.
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TITLE 11
Chapter 8
SUBDIVISION IMPROVEMENT REQUIREMENTS
8.01 General Requirements.
8.02 Preparation and Form of Improvement Plans.
8.03 Grading Plan.
8.04 Plan Check Fees.
8.05 Commencement of Improvement Work.
8.06 Inspection of Improvement Work.
8.07 Coordination of Improvement Work.
8.08 Improvements Deferred or Waived.
8.09 Oversizing Improvements Reimbursements.
8.10 Improvement Agreement.
8.11 Form, Filing and Term of Improvement Agreement.
8.12 Minimum Agreement Provisions.
8.13 Additional Agreement Provisions.
8.14 Improvement Security Required.
8.15 Form, Filing and Term of Improvement Security.
8.16 Labor and Materials.
8.17 Liability For Alterations or Changes.
8.18 Release of Improvement Security - Assessment District
Proceedings.
8.19 Release of Improvement Security - Completion of Work.
8.20 Withholding Building Permits.
8.21 Acceptance of Improvements.
8.22 Deferral of Improvements For Parcel Maps.
8.01 General Requirements
All improvements shall conform to these regulations, City Engineering Standard
Specifications and Drawings, and the subdivision standards. Improvement plans
shall be competed by the subdivider's engineer prior to the acceptance of the final
map for filing. Improvements not completed shall be guaranteed or bonded for, at
the option of the City, prior to filing the final map.
8.02 Preparation and Form of Improvement Plans
A. Improvement plans shall be prepared by a registered civil engineer and
shall show full details of all improvements required to be installed by the
provisions of these regulations, and of all other improvements proposed to
be installed by the subdivider within any street, alley, pedestrian way,
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easement or other public area or right-of-way. Full details shall include
cross sections, plans, profiles, estimated costs and specifications.
Preliminary plans may be submitted prior to the final plans to allow time
for checking and correction.
B. The form, layout, scale and other particulars of the plans, and the number
of copies to be provided, shall be in accordance with the requirements of
the City Engineer.
8.03 Grading Plan
A grading plan and specifications prepared substantially in accordance with the
preliminary grading plan approved as part of the approved or conditionally
approved tentative map shall be submitted as part of the improvement plans. A
permit must be obtained in accordance with the provisions of the City's grading
regulations.
8.04 Plan Check Fees
At the time of the submission of the final improvement plans, the subdivider shall
pay a fee for plan checking, in an amount established by resolution of the Council.
8.05 Commencement of Improvement Work
Prior to the commencement of construction or installation of any improvements
within any street, alley, path, easement or other public area or right-of-way,
improvement plans shall have been approved by the City Engineer and
Encroachment Permits issued.
8.06 Inspection of Improvement Work
All improvements shall be constructed under the inspection of the City Engineer
and the subdivider shall cause all such improvement work to be inspected al all
times as the City Engineer may establish. The subdivider shall obtain an
encroachment permit, pay an inspection fee, and enter into an Inspection
Agreement, prior to the commencement of construction of the improvements.
8.07 Coordination of Improvement Work
All work and improvements contemplated by and performed under the provisions
of these regulations shall be accomplished so as to coordinate and minimize
interference with other private or public development and to minimize its threat to
public safety.
8.08 Improvements Deferred or Waived
The Council may defer or waive all or a portion of the improvements which would
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otherwise be required if the subdivision map is for the purpose of consolidating
existing lots and unsubdivided parcels, eliminating abandoned streets or alleys, or
adjusting boundaries, when there is not public need for such improvements, or
such improvements are.not immediately necessary.
8.09 Oversizing Improvements Reimbursements
As a condition of approval of a tentative map, it may be required that
improvements installed by the subdivider for the benefit of the subdivision be of a
supplemental size, capacity or number for the benefit of property not within the
subdivision, and that the improvement be dedicated to the public. If such
condition is imposed, provision for reimbursement to the subdivider, in the manner
provided by the Subdivision Map Act, shall be contained in the subdivision
improvement agreement entered into pursuant to these regulations, prior to any
work being undertaken.
8.10 Improvement agreement
If the required improvements are not satisfactorily completed before a final map is
filed, the subdivider shall enter into an agreement with the City to make all
improvements as may be required upon approval of such map.
8.11 Form, Filing and Term of Improvement Agreement
A. The improvement agreement shall be in writing, shall be approved as to
form by the City Attorney, and shall be secured and conditioned as
provided in this chapter. The agreement shall be recorded prior to or
simultaneously with the final map.
B. The improvement agreement shall be complete, subject to Council
approval, and on file with the City Engineer before the final map is filed
for recording. The term of each improvement agreement filed pursuant to
the provisions of this section shall begin on the date of recording and end
upon the date of completion of fulfillment of all terms and conditions
contained therein,to the satisfaction of the Council.
8.12 Minimum Agreement Provisions
The agreement shall include the following provisions as minimum terms and
conditions:
A. Mutually agreeable terms to complete all required improvements at the
subdivider's expense;
1
B. A provision that the subdivider shall comply with all requirements of these
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regulations, of this code, and of other applicable laws, and with all terms
and conditions of required improvement permits;
C. A statement indicating a period of time within which the subdivider shall
complete all improvement work;
D. A provision that, if the subdivider fails to complete the work within the
specified period of time, or any extended period of time that may have
lawfully been granted to the subdivider, the City may, at its option,
complete the required improvement work and the subdivider and his surety
shall be firmly bound, under a continuing obligation, for payment of the
full cost and expense incurred or expended by the City in completing such
work;
E. Provision for the repair and replacement of defective material and
workmanship of the improvements by the subdivider for a period of twelve
months after the improvements have been accepted by the Council;
F. A provision guaranteeing payment to the City for all engineering and
inspection costs and fees not previously paid and all other incidental costs
incurred by the City in enforcing the agreement.
8.13 Additional Agreement Provisions
The improvement agreement may also include the following provisions and such
other additional terms and conditions as may be required upon approval of the
tentative map, or as are determined necessary by the Council to carry out the intent
and purposes of these regulations;
A. Provision for the repair, at the subdivider's expense, of any damage to
public streets which may reasonably be expected to result from hauling
operations necessary for subdivision improvements required by these
regulations, including the importing or exporting of earth for grading
purposes;
B. Mutually agreeable terms to acquire public easements which are outside
the boundaries of the subdivision, at the subdivider's expense;
C. Mutually agreeable terms to improve, at some undetermined future date,
easements offered and reserved for future public use at the subdivider's
expense; and providing that such improvements shall be secured by
separate security in the manner prescribed in Section 8.14, and further
providing that the requirements of this provision shall not delay the release
of any other improvement security provided pursuant to Section 8.14;
D. Provisions for reimbursement to be paid to the subdivider shall be as
provided in the Subdivision Map Act;
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E. A provision that the subdivider shall provide to the City, prior to the filing
of the final map, letters from each utility company indicating that such
companies have agreed to install, and will so install, the public utilities
necessary to serve the subdivision.
8.14 Improvement Security Required
The subdivider shall secure the foregoing improvement agreement in an amount
determined by the City Engineer to be one hundred percent of the total estimated
cost of the improvements and any additional act to be performed by the subdivider
under the agreement, and such additional amounts as the Council may determine
necessary to cover the costs, reasonable expenses and fees, including reasonable
attorney's fees, which may be incurred by the City in successfully enforcing the
agreement. The requirement of the improvement security shall not be waived
under any circumstances.
8.15 Form, Filing and Term of Improvement Security
A. The improvement security shall be conditioned upon the faithful
performance of the improvement agreement and shall be in one of the
forms provided in the Subdivision Map Act. The form shall be the choice
of the City in each improvement agreement. (Improvement security for
public utility improvements may be in the form of a letter of assurance
from the utility.)
B. Improvement security shall be filed with the City Engineer, together with
the improvement agreement, before the City accepts the final map for
filing. The form of the improvement security shall be subject to the
approval of the City Attorney.
C. The term of the improvement security, filed pursuant to the provisions of
this section to secure the faithful performance of the agreement, shall begin
on the date of filing and end upon the date of completion or fulfillment of
all terms and conditions of the improvement agreement, to the satisfaction
of the Council.
8.16 Labor and Materials
When the improvement security provided pursuant to Section 8.14 is a surety
bond, it shall be accompanied by a bond for the security of laborers and
materialmen in an amount not less than fifty percent of the estimated cost of the
improvements. When the improvement security is a cash deposit or instrument of
credit, such security shall include an additional amount necessary for the
protection of laborers and materialmen, but in no event less than fifty percent of
the estimated cost of the improvements. Security for one hundred percent of the
estimated costs, including a factor for inflationary cost increases, may be required.
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8.17 Liability for Alterations or Changes
The liability upon the security given for the faithful performance of the agreement
shall include the performance of any changes or alterations in the work; provided,
however, that all such changes or alterations do not exceed ten percent of the
original estimated cost of the improvement.
8.18 Release of Improvement Security-Assessment District Proceedings
If the required subdivision improvements are financed and installed pursuant to
special assessment proceedings, upon the furnishing of the contractor of the
faithful performance and payment bond required by the special assessment act
being used, the improvement security to the subdivider may be reduced by the
Council by an amount corresponding to the amount of such bonds furnished by the
contractor.
8.19 Release of Improvement Security- Completion of Work
A. Improvement security may be released upon the final completion and
acceptance of the work; provided, however, such release shall not apply to
the amount of security deemed necessary by the City'Engineer for the
guarantee and warranty period, nor to costs and reasonable expense fees,
including reasonable attorney's fees, incurred by the City in enforcing the
improvement agreement.
B. The Council shall, upon report by the City Engineer, accept and certify the
satisfactory completion of improvement work prior to any release of
improvement security covering such work.
8.20 Withholding Building Permits
No building permit or similar entitlement of use shall be issued for the
development of any lot within a subdivision until all required improvements are
substantially completed or bonded for at the discretion of and to the satisfaction of
the City Engineer and Community Development Director; provided, however,
building permits and entitlements may be issued for the development of a lot
designated as a model home site not to be used for residential occupancy until the
final map has been recorded, when the Community Development Director
determines:
A. The construction of all required improvements has progressed to the extent
that completion of and acceptance of the work seems assured to occur
within a reasonable period of time; and
B. The development of the model home sites will not conflict with work in
progress on the construction of the required improvements.
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8.21 Acceptance of Improvements
After the parcel map or final map has been recorded, all subdivision improvements
properly installed in accordance with previously approved plans and specifications
shall be accepted by the Council and the subdivider and any other person having
an interest in such completion shall be notified in writing by the City Clerk of
acceptance by the Council. At the time of acceptance, the City shall assume
maintenance of the improvements except as otherwise provided in this chapter.
Parcel map and final map improvements will be accepted by the Council.
8.22 Deferral of Improvements For Parcel Maps
Improvements required for parcel maps may be deferred until a building permit or
other entitlement for development of the parcel(s) is granted by the City, unless the
City Engineer and Community Development Director find that completion of
improvements is necessary to protect the public health and safety or is a necessary
prerequisite to the orderly development of the surrounding area. If these findings
are made, the City may require completion of the improvement requirements
within a reasonable time following approval of the parcel map and prior to the
issuance of permits for development.
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TITLE 11
Chapter 9
SUBDIVISION EXCEPTIONS
9.01 Exception Authority
9.02 Required Findings and Conditions
9.03 Filing Applications - Form and Content
9.04 Planning Commission Action
9.01 Exception Authority
The Planning Commission may authorize exceptions to the requirements or
standards imposed by these regulations; provided, however, that no exceptions
may be made to any requirements imposed by the Subdivision Map Act; and
further provided that nothing in this chapter shall be construed as altering or
conflicting with the powers and duties of the City to approve variances from the
Zoning Ordinance.
9.02 Required Findings and Conditions
A. Before any exception is authorized, all of the following findings shall be
made:
1. That the property to be divided is of such size or shape, or is
affected by such topographic conditions, that it is impossible,
impractical or undesirable, in the particular case, to conform to the
strict application of the regulations codified in this title; and
2. That the cost to the subdivider of strict or literal compliance with
the regulations is not the sole reason for granting the modification;
and
3. That the modification will not be detrimental to the public health,
safety and welfare, or be injurious to other properties in the
vicinity; and
4. That granting the modification is in accord with the intent and
purposes of these regulations, and is consistent with the General
Plan and with all applicable specific plans or other plans of the
City.
B. In granting any exception the Planning Commission shall impose such
conditions as are necessary to protect the public health, safety and welfare,
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and assure compliance with the General Plan, with all applicable specific
plans, and with the intent and purposes of these regulations.
9.03 Filing Applications -Form and Content
A. Applications for exceptions shall be filed, in writing, by the subdivider
with the Community Development Director upon a form and in the number
of copies required for that purpose.
B. Each application shall state fully the nature and extent of the exception
requested, the specific reasons for it, and the facts relied upon to reach
those conclusions.
9.04 Planning Commission Action
The Planning Commission shall consider any request for exceptions, and the
recommendation on such request, at the same time as the Planning Commission
considers the tentative map and shall grant, conditionally grant, or deny the
request.
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TITLE 11
Chapter 10
REVERSION TO ACREAGE
10.01 Purpose.
10.02 Initiation of proceedings.
10.03 Public hearing.
10.04 Required findings.
10.05 Required conditions.
10.06 Delivery of reversion map to county recorder.
10.07 Affect of filing reversion map with the county recorder.
10.08 Tax bond not required.
10.01 Purpose
This section is intended to enable the aggregation of subdivided real property.
10.02 Initiation of Proceedings
Proceedings for reversion to acreage may be initiated by the Council on its own
motion or by petition of all or the owners of record of the real property within the
area to be reverted. The petition shall contain the following:
A. Adequate evidence of title to the real property within the subdivision;
B. A statement outlining the use, nonuse, viability or lack of necessity for
existing easements, offers of dedication or similar attachments which are
to be vacated or abandoned or maintained;
C. Sufficient data to enable the Council to make all or the determinations and
findings required by this chapter;
D. A final map which delineates dedications which will not be vacated and
dedications which are a condition to reversion, and the boundary of the
area to be reverted to acreage;
E. Any other pertinent information as may be required by the Community
Development Director.
10.03 Public Hearing
After giving notice as specified in Title 9, Zoning, Section 9-1.110 (Public Notice
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Requirements), the Council shall hold a public hearing on the proposed reversion
to acreage.
10.04 Required Findings
Before approving the map,the Council shall find that:
A. Dedications or offers of dedication to be vacated or abandoned by the
reversion to acreage are unnecessary of present or prospective public
purposes; and
B. Either:
1. All owners having an interest.in the real property to be reverted to
acreage have consented to reversion; or
2. None of the improvements required to be made have been made
within two years from the date the final or parcel map was filed for
record, or within the time allowed by agreement for completion of
the improvements, whichever is the later; or
3. No lots shown on the final or parcel map have been sold within five
years from the date such map was filed for record.
10.05 Required Conditions
As conditions of reversion, the Council shall require:
A. Dedications or offers of dedication necessary for the purposes specified by
the regulations set out in this title;
B. Retention of all previously paid fees if necessary to accomplish the
purposes of the regulations set out in this title;
C. Retention of any portion of required improvement security or
deposits if necessary to accomplish the purposes of this chapter.
10.06 Delivery of Reversion Map to County Recorder
After the hearing and approval of the final reversion to acreage map by the
Council, the City Clerk shall transmit the map to the County recorder for
recordation.
10.07 Effect of Filing Reversion Map With the County Recorder
A. The filing of the map with the County Recorder shall constitute reversion
to acreage of the real property affected, and thereupon all dedications and
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offers of dedication not shown thereon shall be of no further force or effect.
B. When a reversion is effective, all fees and deposits shall be returned and all
improvement security released, except those retained pursuant to Section
8.01.
10.08 Tax Bond Not Required
A tax bond shall not be required in reversion proceedings.
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TITLE 11
Chapter 11
LOT MERGER
11.01 Purpose.
11.02 Application
11.03 Procedures for lot merger.
11.01 Purpose
This section is intended to enable the merger of contiguous parcels where the
Community Development Director and City Engineer have determined that
requirements for onsite and offsite improvements have been satisfied or will be
imposed as a condition of a future entitlement for use of the subject parcel(s).
11.02 Application
Application for lot merger shall be made in a form prescribed by the Community
Development Director.
11.03 Procedures For Lot Merger
A. Upon a determination by the Community Development Director or City
Engineer that the lots proposed for merger are legal lots, that the owners of
the subject lots consent to the proposed merger approval have either been
installed and accepted or will be required as part of a future entitlement for
use or development of the subject lots(s), a certificate of lot merger shall be
prepared. Said certificate shall describe the new exterior boundary of the
lot after merger and shall be recorded in the Office of the County Recorder.
B. Action of the Community Development Director may be appealed to the
Planning Commission. Appeals must be filed in writing with the
Community Development Department within fourteen (14) calendar days
of the action being appealed.
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TITLE 11
Chapter 12
CONDOMINIUM CONVERSIONS
12.01 Purpose and Intent
12.02 Applicability of Other Laws
12.03 Provisions to Govern Condominium Conversion Projects
12.04 Application Requirements
12.05 Acceptance of Reports
12.06 Copy of Report to Buyers
12.07 Tenant Provisions
12.08 Hearing -Notification
12.09 Application- Required Findings
12.10 Property Improvement Standards For Condominium Conversions
12.11 Exceptions to Property Improvement Standards
12.01 Purpose and Intent
Condominiums, community apartments and stock cooperatives provide for
ownership of separate dwellings, or equity coupled with a right of exclusive
occupancy, as well as common areas within multiple-family housing normally
managed and maintained by an owner's association. This mix of individual and
common ownership and the potential problems of converting existing apartments
make special regulations necessary.
The City has determined.that condominiums differ from apartments in some
respects and, for the benefit of public health, safety and welfare, the conversion of
such projects should be treated differently from apartments.
These regulations are intended to:
A. Establish requirements and procedures for the conversion of existing rental
housing to residential condominiums and other forms of occupant housing.
B. Provide for compliance with the Land Use Element and Housing Element
of the City's General Plan.
C. Assure purchasers of converted apartments are aware of the condition of
the structure which is offered for purchase.
D. Provide design and property improvement standards for condominium
conversion projects.
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E. Maintain a healthy inventory of rental housing suitable for persons of low
and moderate income.
12.02 Applicability of other laws
All condominium projects shall be subject to all applicable provisions of the
Subdivision Map Act and Titles 8 and 9 of this code, and all other applicable state
and local laws and ordinances.
12.03 Provisions to govern condominium conversion projects
The procedures and standards contained in this chapter shall govern condominium
conversion projects.
12.04 Application requirements
The following shall be provided at the time of application for a condominium
conversion:
A. Property Condition Report. The application shall be accompanied by a
Property Condition Report. This report shall be in addition to and shall not
replace any public report required by Government Code Section 66427.1(a)
to be submitted to the Department of Real Estate. The Property Condition
Report shall include at least the following:
1. A report detailing the condition of all elements of the property
including foundations, ventilation, utilities, walls, roofs, windows,
mechanical equipment, appliances which will be sold with the
units, common facilities and parking areas. The report shall state,
to the best knowledge of the applicant, and for each element: the
date of construction, the condition, the expected useful life, the cost
of replacement, and any variation from the zoning regulations in
effect when the last building permit was issued for the subject
structures. The report shall include evidence that the internal walls
would meet current sound attenuation standards and that all current
energy conservation standards are met. In the event the noise and
energy standards are not currently met, the report shall explain
proposed corrective measures to be used. The report shall identify
all defective or unsafe elements or those which may impair use and
enjoyment of the property, and explain the proposed corrective
measures to be used. The report shall be prepared by or under the
supervision of a registered civil or structural engineer, licensed
general contractor, or architect;
2. A report from a licensed pest-control operator describing in detail
the presence and effects of any wood destroying organisms;
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3. A report of any known soil or geological problems. Reference shall
be made to any previous soil reports for the site.
B. Site Plan. The application shall be accompanied by a site plan which shall
include at least the following:
1. The location, number of stories, number of dwellings, and proposed
use of each structure to remain and for each proposed new
structure;
2. The location, use and type of surfacing for all open storage areas;
3. The location and type of surfacing for all driveways, pedestrian
ways, vehicle parking areas and curb cuts;
4. The location and number of all covered and uncovered parking
spaces;
5. The location of all existing and proposed utility lines and meters;
6. The location, height and type of materials for walls and fences;
7. The location of all landscaped areas, the type of landscaping,
method of irrigation, and a statement specifying private or common
maintenance;
8. The location and description of all recreational facilities;
9. The location, size and number of parking spaces to be used in
conjunction with each unit;
10. The location,type and size of all drainage pipes and structures;
11. Existing contours, building pad elevations and percent slope for all
driveways and parking areas.
C. Evidence of Delivery of Notice of Intent to Convert. The application
shall be accompanied by signed copies from each tenant of the notice of
intent to convert as specified in Government Code Section 66427.1. The
applicant shall submit evidence that a certified letter of notification was
sent to each tenant for whom a signed copy of the notice is not submitted.
D. Maps. The application for conversion shall be accompanied by the maps
required by the California Subdivision Map Act. Maps shall be processed
in conformance with the applicable portions of this Title. The tentative
map application shall be accompanied by the declaration of covenants,
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conditions and restrictions, articles of incorporation, bylaws and contracts
for the maintenance, management or operation of any part of the
condominium conversion project, which would be applied on behalf of any
and all owners of the condominium units within the project. In addition to
the requirements of Civil Code Section 1355 and any requirements which
might be imposed by the City consistent with these regulations, the
organizational documents shall include provisions concerning the
conveyance of units; the assignment of parking; an agreement for common
area maintenance, including facilities and landscaping, an estimate of
initial fees anticipated for such maintenance, an indication of
responsibilities for maintenance of all utility lines and services for each
unit. The covenants, conditions and restrictions document shall include a
reference to an attached, updated property conditions report.
E. Other Information. The application shall be accompanied by any other
information which in the opinion of the Community Development Director
will assist in determining whether the proposed project will be consistent
with the purposes of these regulations.
12.05 Acceptance of reports
The Community Development Director shall establish the final form of the
Property Condition Report required by this chapter. A copy of any public report
submitted to the Department of Real Estate pursuant to Government Code Section
66427.1(a) shall also be submitted to the Community Development Department.
Approved reports shall remain on file with the Community Development
Department for review by interested persons.
12.06 Copy of Report to Buyers
Each prospective purchaser shall be provided with a copy of all reports in their
final form, except the signed notices of intent to convert, prior to entering escrow.
Copies of the Property Condition Report shall be available at the sales office and
the project site.
12.07 Tenant Provisions
A. Notice of Intent to Convert. The applicant shall give each tenant a
written notice of intent to convert at least one hundred eighty days before
termination of tenancy due to conversion. The notice shall contain at least
the following:
1. Name and address of current owner;
2. Name and address of proposed subdivider;
3. Approximate date on which the unit is to be vacated by
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nonpurchasing tenants;
4. Tenant's right to purchase;
5. Statement of no rent increase.
B. Tenant's Right to Purchase. Pursuant to Government Code Section
66427.1(d), the applicant shall give any present tenant a nontransferable
right of first refusal to purchase the unit occupied at a price no greater than
the price offered to the general public. This right of first refusal shall
extend at least ninety days from the date of issuance of the subdivision
public report or commencement of sales, whichever date is later.
C. Vacation of Units. Each nonpurchasing tenant not in default under the
provisions of the rental agreement or lease under which he occupies his
unit, shall have the right to remain not less than one hundred eighty days
from the date of receipt of notification of intent to convert.
D. No Increase in Rents. A tenant's rent shall not be increased during the
one hundred eighty day period provided in subsection C. of this section.
E. Notice to New Tenants. After submittal of the tentative map, prospective
tenants shall be given written notice of intent to convert prior to leasing or
renting any unit.
12.08 Hearing- Notification
Prior to acting on applications, the Planning Commission shall hold a public
hearing, notice of which shall be given tenants of the proposed conversion at least
ten days beforehand.
12.09 Application - Required findings
An application for condominium conversion shall not be approved unless the
following findings are made:
A. All provisions of these regulations have been met or will be met;
B. The proposed conversion is consistent with the General Plan;
C. That there exists facts adequate to support the findings required under
Sections 66473.5 and 66474 of the Government Code;
D. The proposed conversion will not displace a significant number of low-
income or moderate-income households or senior citizens at a time when
no equivalent housing is readily available in the City.
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12.10 Property improvement standards for condominium conversions
A. Building and Zoning Regulations. Conversion projects shall
substantially comply with the City's building and housing codes and zoning
regulations in effect on the date the application for conversion is accepted
as complete.
B. Fire Safety. Each living unit shall be provided with approved smoke
detectors mounted on the ceiling or wall at a point centrally located in the
area giving access to rooms used for sleeping purposes.
C. Fire Protection Systems. All fire hydrants, fire alarm systems, portable
fire extinguishers and other fire protection appliances shall be retained in
operable condition at all times and shall comply with the current City
standard.
D. Utility Metering. The consumption of gas, electricity, and water within
each unit shall be separately metered and there shall be circuit breakers and
shutoff valves for each unit.
E. Storage. Each unit shall have provision for at least 100 cubic feet of
enclosed, weatherproof and lockable private storage space, exclusive of
cabinets and closets within the unit, and the space normally required for
parking a vehicle in a garage. This space shall be for the sole use of the
unit owner. The minimum opening shall be two and one-half feet by four
feet and the minimum height shall be four feet.
F. Laundry Facilities. A laundry area shall be provided in each unit, or in
common laundry space. Common facilities shall consist of at least one
washer and dryer for each ten units or fraction thereof.
G. Parking. The number of parking spaces, including the provision of
covered spaces, shall be as provided in the zoning regulations. Spaces for
the exclusive use of each unit shall be so marked. Visitor parking and
special stopping zones, if any, shall also be marked.
H. Refurbishing and Restoration. All structures, common areas, sidewalks,
driveways, landscaped areas, and facilities, if defective, shall be
refurbished and restored to a safe and usable condition. All deficiencies
shall be corrected prior to recordation of the final map.
I. Private Open Space. There shall be provided with each unit a minimum
of 100 square feet of qualifying private open space. To qualify, open
space must be private and directly accessible from the unit it serves, and
must have a minimum dimension in every direction of ten feet for open
space provided at ground level or six feet for open space provided on a
balcony or elevated deck, and must be located outside the required front
yard setback.
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12.11 Exceptions to property improvement standards
Upon request by a subdivider, the Planning Commission may approve exceptions
to property improvement standards for conversion projects. The nature of the
exception shall be described in public notices for Commission hearings on the
condominium map. The Commission may approve exceptions on the request only
after a public hearing. In order to approve an exception, the Planning Commission
must make the exception findings required by Section 11.44.02*.
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TITLE 11
Chapter 13
ENFORCEMENT
13.01 Generally
13.02 Illegal Subdivisions -Notification of Community
Development Director Required
13.03 Certificate of Compliance -Application- Fee.
13.04 Certificate of Compliance - Application- Determination
13.05 Certificate of Compliance - Recordation
13.06 Illegal Subdivisions - Permit Issuance Prohibited
13.07 Penalty
13.01 Generally
Except as otherwise provided in this title, the City Engineer is authorized and
directed to enforce the regulations set out in this title and the Subdivision Map Act
for subdivisions within the City.
13.02 Illegal subdivisions - Notification of Community Development Director
required
Any officer or employee of the City who has knowledge that real property has
been divided in violation of the Subdivision Map Act or the regulations set out in
this title, shall immediately so notify the Community Development Director.
Upon receipt of the information, the Community Development Director shall file
the notices required by the Subdivision Map Act.
13.03 Certificate of compliance - Application - Fee
A. Any person owning real property, or the agent or representative of such
person, may file an application for a certificate of compliance to determine
whether such real property complies with the provisions of the Subdivision
Map Act and of this ordinance. Such applications shall be filed with the
Community Development Director. The application shall be reviewed by
the City Engineer and the Community Development Director, who shall be
responsible for the issuance and recordation of the same. The form of the
application shall be prescribed by the City Engineer and the Community
Development Director.
B. A nonrefundable fee in an amount specified by resolution of the Council
for each lot or parcel for which a certificate is sought, shall accompany the
application.
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13.04 Certificate of Compliance-Application - Determination
A. Within thirty days after the filing of the application for a certificate of
compliance, the Community Development Director shall grant,
conditionally grant, or deny such application.
B. If at any time during the processing of the application for a certificate of
compliance, the City Engineer and the Community Development Director
determine that additional information or data is required, the applicant shall
be promptly advised in writing, by mail, of the additional material to be
supplied before further action will be taken on the application.
C. If the application for a certificate of compliance is to be conditionally
granted, the City Engineer and the Community Development Director shall
impose all conditions reasonably necessary to protect the public health,
safety and welfare.
D. The applicant shall be notified, in writing, of the action taken on the
application and of the findings of fact supporting the decision. If the
application for certificate of compliance is denied, notices shall be filed as
required by Section 13.02.
13.05 Certificate of Compliance - Recordation
A. The certificate of compliance shall be filed for recording with the County
Recorder by the Community Development Director. Such certificate shall
identify the real property and shall state that the configuration thereof
complies with applicable provisions of these regulations and all other
provisions of this code regulating the division of land within the City.
B. A certificate of compliance granted with conditions shall not be recorded
until all conditions have been met, or until assurance that such conditions
will be met, in a form approved by the City Attorney and accepted by the
City Engineer and the Community Development Director.
C. If the application for a certificate of compliance is to be conditionally
granted, the City Engineer and the Community Development Director shall
impose all conditions reasonably necessary to protect the public health,
safety and welfare.
13.06 Illegal subdivisions - Permit Issuance Prohibited
No board, commission, officer or employee of the City shall issue any certificate
or permit, or grant any approval necessary to develop any real property within the
City which has been divided, or which resulted from a division, in violation of the
provisions of the Subdivision Map Act or of this title.
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13.07 Penalty
Any offer to sell or contract to sell, or any sale contrary to the provisions of this
title is a misdemeanor, and any person, corporation or other entity, upon
conviction thereof shall be punishable as set forth in Title 1 of this code, except
that nothing contained in this chapter shall be deemed to bar any legal, equitable or
summary remedy to which.the City or other political subdivision or person,
corporation or other entity may otherwise be entitled, and the City or other
political subdivision or person, corporation or other entity may file an action in the
Superior Court of the State, in and for the County of San Luis Obispo, to restrain
or enjoin any attempted or proposed subdivision or sale in violation of this title.
Any transfer or conveyance, or purported transfer or conveyance, or agreement to
transfer or convey any parcel of land without compliance with the terms of this
title shall be voidable at the option of the transferee in accordance with the
provisions of Section 11540 and 11540.1 of the Business and Professions Code of
the State, as the same may be amended from time to time.
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