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HomeMy WebLinkAbout04/27/1993 Item C1 - Ordinance Amending Subdivision Regulations - Condominium Water Service �IIIn�IiI�IIIIIII� II '' MEETING DATE: O9 °1 �n�� city of san iuis oBispo /d COUNCIL AGENDA REPORT ITEM UMBER: �J/ FROM: Arnold B. Jonas, Director of Community DevelopmentO PREPARED BY: Ronald Whisenand, Development Review Manager SUBJECT: Final passage of an ordinance amending the subdivision regulations relating to utility service and tentative map extension requirements. CAO RECOMMENDATION: Give final passage to Ordinance No. 1231 as introduced on April 13 , 1993 , amending Section 16. 16. 180 and 16.36.250 of the Subdivision Regulations and adopting a negative declaration of environmental impact. DISCUSSION The City Council introduced Ordinance 1231 on April 13, 1993 . The ordinance amends Sections 16. 16. 180 and 16. 36. 250 of the City's subdivision regulations. The amendment will clarify the requirement of the City's utility regulations calling for individual utility metering for condominium developments. In addition, clean-up amendments were made clarifying review authority and design criteria for utility services. Finally, an amendment to the tentative map extension requirements was made to allow for extensions not to exceed three years consistent with the State Subdivision Map Act when the maximum period had been two years. The ordinance, as introduced at your April 13, 1993 meeting is now ready for adoption. Copies of the ordinance and ordinance summary are attached to this report. The amended sections to the Subdivision Regulations will go into effect 30 days after final passage of the ordinance. ALTERNATIVES The Council may, by motion: (1) reject the ordinance; (2) continue action; or (3) introduce other ordinance language which does not conflict with State law or sections of the Subdivision ordinance which are to remain. ATTACHMENTS Ordinance No. 1231, as introduced Ordinance Summary ORDINANCE NO. 1231 (1993 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE SUBDIVISION REGULATIONS RELATING TO WATER SERVICE CONNECTIONS AND TENTATIVE MAP TIME EXTENSIONS (TA 05-93) WHEREAS, the Planning Commission conducted a public hearing on application No. TA 05-93 on January 27, 1993 and continued discussion on February 10, 1993 and February 24, 1993 and recommended approval of the amendment; and WHEREAS, the City Council conducted a public hearing on, April 13, 1993, and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed subdivision provisions are consistent with the State Subdivision Map Act and other City ordinances; and WHEREAS, the City Council has considered the potential environmental impacts of the new regulations, evaluated in initial study ER 05-93; BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The Council determines that there will be no significant environmental impacts as a result of amending the regulations, and hereby approves a negative declaration of environmental impact. SECTION 2 . The Subdivision Regulations are hereby amended by the changes to Sections 16. 16. 180 and 16.36.250 which are fully contained in the attached Exhibit A, included in this ordinance by reference. SECTION 3 . A summary of this ordinance, approved by the City Attorney, together with the votes for and against, shall be published once, at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. Ordinance No. 1231 (1993 Series) Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 13th day of. April , 1993, on motion of Council Member Roalman , seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None May Peg Pinard ATTEST: Clerkane G16awell APPROVED: Ciiry Adminis tive cAficer C' o ey Community Deve o ent Director EXHIBIT A 16.16.180 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 three years. B. Applications for extensions shall be made in writing to the council prior to the date of tentative tract map expiration. Time extension may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time the request for extension is considered. The council 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. 16.36.250 Improvements. J. 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 Chapter 13 . 04, in the most recent council resolution on utility connection charges, or in any agreement affecting a particular portion of a system. 1. Sanitary sewer laterals shall be stubbed to the front property line of each lot. All facilities for the transmission of sewage from each of the lots to the nearest adequate point of connection to the city-Is sewer system shall be installed as acceptable to the city engineer. Sewer lines need not be provided to lots which will be solely in perpetual open space use. The requirement for a sewer lateral may be waived upon a finding by the city that an alternative waste disposal system, which will provide a level of protection for public health and natural resources at least equivalent to public sewer, will be installed and maintained. 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 to each lot of the proposed subdivision or, for condominium projects, to each condominium unit. Water service shall include all facilities necessary for the transmission of water from the nearest point of adequate supply to a meter vault at the front of each lot. For condominium projects, a separate meter vault shall be provided for each condominium unit at the street frontage or as approved by the city engineer. Pumping and storage equipment to provide sufficient volume and duration of flow of water shall be provided. The design and location of the water system serving the proposed subdivision shall be provided to the satisfaction of the city engineer and utilities director. Exceptions to the above standards can be approved by the council pursuant to Section 16.48.010. Fire hydrants shall be installed according to the city fire code and to the satisfaction of the fire marshal and city engineer. Water lines need not be provided to lots which will be in perpetual open space uses and which will not require irrigation or fire suppression. 3. Street lights shall be provided. 4. Electric power, gas, and telephone services shall be stubbed to each lot or, for condominium projects, to each condominium unit and all facilities to distribute such services shall be provided according to the requirements of the responsible utility companies. 5. Cable television service may be required. 6. Fire alarm conduit may be required by the fire marshal. ORDINANCE NO. 1231 (1993 Series) Amending the Subdivision Regulations for utility service requirements and extension of tentative map approvals On April 13 , 1993 , the San Luis Obispo City Council voted 5 to 0 to introduce Ordinance No. 1231 (1993 Series) , which amends Sections 16.16. 180 and 16. 36.250 of the subdivision regulations relating to utility services and subdivision extensions. The primary provisions of the ordinance are as follows: 1. Change the maximum number of extensions to an approved tentative map from a total of two years to three years consistent with the State Subdivision Map Act. 2 . Provide language implementing the City's utility regulations that require separate water meters for individual condominium developments. The Council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for April 27, 1993 at a special City Council meeting to begin at 7: 00 p.m. in the Council Chambers of City Hall, 990 Palm Street. Copies of the complete ordinance are available in the City Clerk's Office in Room #1 of City Hall, 990 Palm Street. For more information, contact the Community Development Department at 781- 7172 . Diane Gladwell, City Clerk