HomeMy WebLinkAboutOrdinance 230 CERTIFICATION
I, LEE RABOIN, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 230 adopted by the Atascadero City Council at a
regular meeting thereof held on August 27, 1991 and that it has
been duly published pursuant to State Law.
DATED: September 11, 1991
LEE RABOIN
City Clerk
City of Atascadero, California
ORDINANCE NO. 230
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING TITLE 11 OF THE
CITY MUNICIPAL CODE (SUBDIVISION ORDINANCE)
(City of Atascadero)
WHEREAS, the City of Atascadero adopted a Subdivision
Ordinance on February 9, 1988 (Ordinance No. 163) ; and
WHEREAS, the Subdivision Map Act reflected in Section 66410
et seq. of the California Government Code has been amended
numerous times since that date; and
WHEREAS, the City Council is desirous of amending its
subdivision regulations pursuant to Section 66411 of the State
Subdivision Map Act; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on July 16, 1991 and has recommended approval of various
proposed amendments to the Subdivision Ordinance; and
WHEREAS, the proposed amendments have been found to be
categorically exempt from the provisions of the California
Environmental Quality Act; and
WHEREAS, the proposed amendments promote the public health,
safety and general welfare;
NOW, THEREFORE, the City Council of the City of Atascadero
does ordain as follows:
Section 1.
Title 11 of the City of Atascadero Municipal Code is hereby
amended as shown on the attached Exhibit A, which is hereby made
a part of this ordinance by reference.
Section 2. Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 3. Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the 31st day after its passage.
Ordinance No. 230
Page 2
On motion by Councilwoman Borgeson and seconded by
Councilman Lilley , the foregoing Ordinance is approved
by the following role call vote:
AYES: Councilmembers Nimmo, Dexter, Lilley, Borgeson and Mayor
Shiers
NOES: None
ABSENT: None
DATE ADOPTED: August 27, 1991
By:
ALDEN F. SHIERS,-Mayor
City of Atascadero, California
ATTES `a '
LE RABOIN, C_. y Clerk
APPROVED AS TO FORM:
ART , Ci&v Attorney
PREPARED BY:
HENRY ENGEN, Communi Development Director
Ordinance No. 230
Page 1
EXHIBIT A
SUBDIVISION ORDINANCE
July 1991 Revisions
11-2.922 NenEeRlQential subdiviien Reserved.
with appileable pEev slea•s ef these zegulaz=ens .--spa' ien�
i
ng n�r�nEat- beth .4 • i
r y 3-E�carc-cuz and ffeisa-eaia••••a. • ••, uses,—e3ther
gs tie-safte lana aEea eE within dif=eEent peEtxeas of tire
s--d��sieft, shall eemply with appiieable- prev-i slurs--ef these
Eegalatiens.
11-3.006 Lot Merger.
Contiguous parcels under common ownership may be merged (interior
lot lines may be removed) by approval of a lot line adjustment,
as provided in Section 11-3.004, together with recordation of a
certificate of compliance for the new parcel.
11-4. 107 Notice of Planning Commission hearing on tentative
tract map.
C. Each street frontage of property to be subdivided shall be
clearly posted with a "Notice of Intent To Subdivide
provided by the Community Development Department at the time
that a complete application for subdivision is filed.
11-4.115 Application after denial.
When any application for a tentative tract map filed pursuant to
this part 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 City Council 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.
11-4.201 Filing of final tract map.
Within twenty-four months of the date of approval or conditional
approval of the tentative tract map, the subdivider may cause the
boundary of the proposed subdivision or any part thereof to be
surveyed and the required final tract map to be prepared and
filed in accordance with these regulations and the Subdivision
Map Act. When the final map is filed, either all survey markers
Ordinance No. 230
Page 2
shall be in place, or a bond shall be posted guaranteeing that
all survey corners shall be placed prior to the acceptance of the
public improvements by the Council.
11-4.203 Time extension.
A. The Council may extend the time for filing the final tract
map for a period or periods not exceeding a total of twelve
Menthe three (3) years.
11-4.301 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 feE r si t a! develepme t, a vesting tentative map
may instead be filed, in accordance with the provisions
hereof.
11-5.001 Preparation and form of tentative map.
A. The tentative map shall be clearly and legibly drawn to an
engineer's scale of not less than one inch equals one
hundred feet. If necessary to provide the proper scale,
more than one sheet may be used, but the relation of the
several sheets shall be clearly shown on each. Each sheet
shall be no larger than eighteen twenty-four inches by
twenty-s___ thirty-six inches. Sheets no larger than thirty-
six inches by forty-two inches may be submitted with the
prior approval of the Director of Community Development.
11-5.002 Information on tentative map.
The tentative map shall contain the following information, in
addition to any other information which may be required by the
Subdivision Map Act:
F. The approximate location and general description of any
ties eveEeight-relies-in dlameteE 4- feet-abeve grade
deciduous oak and/or madrone two inches (211) dbh or greater
or other native trees four inches (411) dbh or greater - or
the general canopy cover of clusters of trees - with
notations as to their proposed retention or destruction;
notations as to general type of vegetation in areas not
occupied by trees;
S. The location of proposed building sites and septic system
leach fields shall be shown for any proposed lot having an
average cross slope of " 10% or greater.
Ordinance No. 230
Page 3
11-6. 002 Form and contents.
A. The final tract map shall be legibly drawn, printed or
reproduced by a process assuring a permanent record in black
on durable, transparent material. All lines, letters,
figures, certificates, affidavits and acknowledgments shall
be legibly stamped or printed upon the map with waterproof
opaque ink. If ink is used on polyester base film, the ink
surface shall be in such condition when filed so that
legible prints may be made from it. An eight and one-half
inch by eleven inch reduced transparency of each sheet shall
be delivered to the City Engineer Community Development
Department.
K. The boundary lines of the subdivision shall be clearly
identified. and emphasised by a diBtinetiveink eEder
01-de of +-tee-err..e Q and eut aide the-beuadar-y line. The-line
blue line pEiTt—witheut ebliteEating any li =e, figuEe 9E
a heE data appeaFl g en the map. The tract boundary shall be
based on record data on file at the office of the County
Recorder and must be re-established by methods commonly
accepted in the field of surveying and in accordance with
state law. The method of survey and basis of bearing shall
be clearly indicated on the final map.
R. All watercourses, storm drains and areas subject to
inundation during a one-hundred-year storm shall be outlined
and marked on a separate document and be filed or recorded
simultaneously with the final tract map and shall be covered
by easements for access and maintenance. Elevations of
floodwater based on City datum shall be noted on the map
separate document. All other natural watercourses or bodies
of water shall also be delineated. The City Engineer may
require that a benchmark monument or monuments be set and
shown on the final map.
11--6. 003 Title sheet of final may.
The title sheet of each final map shall contain:
C. A eeEtif.e statement signed and acknowledged by all
parties having any record title interest in the real
property subdivided, consenting to the preparation and
recordation of the final tract map, subject to the
exceptions and under the conditions set out in Section 66436
Ordinance No. 230
Page 4
of the California Government Code.
F. In case of dedication or offer of dedication, a eeEt f a- ---
statement signed and acknowledged by those parties having
any record title interest in the real property subdivided,
offering certain parcels of real property for dedication for
certain specified public use, subject to such reservations
as may be contained in any such offer, as required by the
Subdivision Map Act. If the offer includes dedication for
street or highway purposes, and the council has so required,
the eertifie statement shall include a waiver of direct
access rights from any property shown on the final map as
abutting on the street or highway;
G. The following certificates for execution as specified and as
required by the State Subdivision Map Act.
1. CITY COUNCIL'S STATEMENT
I hereby certify that this subdivision was duly adopted
and approved and (the dedication of all streets and
easements shown hereon were accepted, accepted subject
to improvement, rejected without prejudice) was
accepted by the Council of the City of Atascadero on
19-, and that the
City Clerk was duly authorized and directed to endorse
hereon its approval of the same.
Dated:
$eydGSharid � City Clerk
2. CITY PLANNING COMMISSION GERT FIGATH STATEMENT
This is to certify that I have examined this map and
have determined that said map substantially conforms to
the tentative map as approved by the Planning
Commission of the City of Atascadero on
imposed thereon. 19 , and the conditions
Date:
Enge"
Secretary of the Planning
Commission
4. OWNER'S GERTIFIGATB STATEMENT
(I, We) , the undersigned, hereby certify that (I, We)
(are, am) (all) the owner(s) of, and all
recordholder(s) of security interest in, and all
parties having any record title in the real property
Ordinance No. 230
Page 5
included within the subdivision and project shown on
this map, and that each of us does hereby consent to
the filing and/or recordation of this map as ..h,..-..,
with the-eele=ed beEdeE line-a. And we hereby (add
dedications or easement reservations or relinquishment
of access rights. Must be specific as to type of
dedication/easement and whether public or private) .
We hereby dedicate to the public for public use and the
benefit of the several public utility companies which
are authorized to serve in said subdivision, easements
for public utility purposes, delineated on said map as
"Public Utility Easement" or P.U.E. .
(owner) (owner)
8. COUNTY RECORDER'S GERTIFIG T-E STATEMENT
Filed this day of , 19 , at
, M. in Book of (Parcel)
Maps, at page , at the request of .
Document No. :
Fee:
County Recorder By: Deputy
10. CITY ENGINEER'S GERTIFIGATE STATEMENT (TRACT MAPS ONLY)
I hereby certify that I have examined this Subdivision
Map, that the subdivision as shown hereon is
substantially the same as it appeared on the tentative
map, that all provisions of the Subdivision Map Act and
the Subdivision Ordinance of the City of Atascadero
have been complied with and that I am satisfied that
this map is technically correct.
Dated:
(name) or City Engineer R.C.E. #
11. CITY ENGINEER'S STATEMENT (PARCEL MAPS
This map conforms to the requirements of the
Subdivision Map Act and local ordinances.
Date:
(name)
City Engineer R.C.E. #
11-6.004 Statements, documents and other data to accompany final
Ordinance No. 230
Page 6
tract man.
A. If any part of an area to be subdivided, lot or parcel, is
subject to flood hazard, inundation, or geological hazard,
it shall be clearly shown on a separate document to be filed
or recorded simultaneously with the final tract map. by-a
Benchmark location shall be shown on the final map if
required by the City Engineer.
B. When a soils or geological report has been prepared, this
fact shall be noted en thefin l tFaet map, together with
the date of the report and the name and address of the soils
engineer or geologist making the report and the name and
address of the person making the report, on a separate
document to be filed or recorded simultaneously with the
final map. The note shall indicate any soil problems that
exist. The City shall keep those reports on file for public
inspection in the office of the Community Development
Director.
H. No final tract map shall be accepted unless it is
accompanied by a preliminary title report
gaaEantee issued by a title company authorized by the laws
of the state to write such insurance, showing the names of
all persons having any record title interest in the land to
be subdivided and the nature of their respective interest.
The title report ee subdi _ taEantee shall be less than
ten (10) days old.
11-7.001 Application for lot line adjustment.
Application for lot line adjustment shall be in the same form as
prescribed for tentative parcel maps (see Section 11-5.001) .-r
emeentt that a EeeeEd of-saEvey may die-tee in plaee-oma
tentative map.
11-7.003 Procedures for lot line adjustment.
A. The procedures for staff review, and Getty Deve-lepme nt
D!EeeteE-Le action on lot line adjustments shall be as
provided in Chapter 11-J 4 for tentative parcel maps.
Action on lot line adjustments shall be administrative and
shall not require Planning Commission action except where
existing non-conforming lots are proposed to be reduced in
size.
C. Conditions or exactions imposed on the approval of a lot
Ordinance No. 230
Page 7
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. Monuments
shall be set at each new property corner.
D. Upon acceptance of all ,.eF a f ---tes 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 record of survey,
deed, or a final map to be recorded in the office of the
County Recorder.
11-8.203 Solar orientation.
The longest dimension of each lot shall should be oriented within
thirty degrees of south, unless the subdivider demonstrates that
for certain lots:
11-8.207 Lot Lines.
B. Side lot lines should 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.
11-10.006 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 in an amount established by resolution of
the City Council, and enter into an Inspection Agreement, prior
to the commencement of construction of the improvements as
specified in the Encroachment Permit Ordinance.
NOTE:
1. Language to be added shown bold.
2. Language to be deleted shown strruelrc ei