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HomeMy WebLinkAbout0376NORDTNAM E NO. 376 (New Series AN ORDINANCE PROVID1Ar REGULATIONS FOR THE SUB VISION OF LAND IN THE CITY OF SAN LUIS OBISPO, AND REPEALING ORDINANCE NO. 319 (NEW SERIES) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION Io PtRPCSE CF ORDINANCE 1.l This Ordinance is enacted for the purpose of adopting subdivision regulations for the City of San Luis Obispo,, State of California. lo2 7ne Planning Commission of the City of San Luis Obispo., State of California. hereinafter referred to as the Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided In the Subdivision,, Map Act „'of the State of Californiao 10 The Planning Commission shall, have all the powers and duties with respect to tentative and final maps,, and the procedure relating thereto which are specified by lair and by this Ordinanceo 104 There is hereby created a Subdivision Committee to consist of the Chairman of the Planning Commissions the City Engineer°,, and the. Building Inspecto°o Such Committee shall have the powers and duties as are specified by this Ordinance. 105. It shall be unlawful for any individuals firm,, association,, syndicate,, co- partnership., corporation, trust or any other legal entity,, as a principal,, agent,, or other - wise to offer to sell., to contract to sell., or to sell any subdivision of land or any part thereof in the City of Saga Luis Obispo unless and until all the requirements hereinafter provided have been complied witho SECTION II, DEFINITIONS 2 of "Map Act” shall be deemed to mean the Subdivision Bap Act of the State of California and subsequent amendmentso 2.2 "Owner" is the individual, firms associations syndicate., cate., copartnership,, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the Ordinances and while used here in the masculine gender and singular nuber it shall be deemed to mean the faminine and neuter gender and plural number whenever required* 203 nSubdividergO shall ,,Wean any individual, firm,, associaticn., syndicate., co- partnership., corporation,, trust or any other legal entity commencing proceedings, under this Ordinance., to effect a subdivision of land hereunder for himself or for another and while used here in the masculine gender and singular number it shall be deemed to mean and include the feminine or neuter gender and the plural number whenever required. 2.4 "Subdi lion" shall mega any land or portion thereof shown on the last preceding tax roll as a unit or as a contiguous unit which is divided for the purpose of sale,, whether immediate or future,, by any subdividers SECTION III. TENTATIVE MAP 301 Tentative Bap of Subdivision of Four or Less Lotso 3oll Filing and approval 3,11001 Four (4) copies of the tentative map of proposed subdivision of any land into four (4) or less :Lots shall be filed with the Subdivision Committee, QI 3oll*02 T1 tentative map shall show the d asions of the proposed lots or division and any other information deemed. necessary by the S'U�Ijaivision, Committe ®* 3011.03 The Subdivision Committee shall determine whether the proposed subdivision is in conformity with law and this Ordinance, whether the size and shape of the proposed Tots is in general, conformance to City requirements, and whether all the proposed lots will have proper and sufficient access to a public street© Approval shall, be by vote of any two members of the Subdivision Committee and shall, be noted by endorsement on the map* One copy of the approved map shall be retained in the -files of the Planning Ccumissione 3*lloO4 Approval of the tentative map shall be deemed as final approval aYrd ono final -map need be submitted, provided that the Subdivisions Committee may require that all the provisions of this Ordinance pertaining to subdivision into five (5) or wore lots be complied with where it is the opinion of the Subdivision Committee that the intent is to ultimately subdivide into five (5) or more lots* 3*2 Tentative Map of Subdivision of Five or Morw Lots 3021 Filing* Twelve (12) copies of a tentative map and statement of the pro- posed subdivision of any land into five (5) or more lots shall be filed with the Planning Commission at least fifteen (15) days prior to the meeting of said Commission9 at which consideration is desired together with a filing fee of twenty -five dollars ($25,00)* Payment to be zads 1xit the office of the City Engineer. 3822 Department Approvals The Planning Commissions shall transmit copies of such tentative map to the City Engineer and may transmit copies thereof to other departments as it deems advisableo Upon receipt of a copy of such tentative map each department to vh om or to which the same has been transmitted shall ermine the said map to ascertain if same conforms to the requirements coming within the authoritative scope of such department, and within ten (10) days after receipt thereof., each department shall, make a written report to the. Planning Commissiann* If said map conforms to the requirements coming within its authorized scope such department shall so state -within its report to the Planning Commission* If said map does not conform to such requirements or any of them,, such department shall so state in said report noting therein the particulars in which said map does not conform* 3023 Size 3 * 23 *Ol Tentative maps shall be eighteen by twenty vm (1800 ;2 7°Q ) an size and to a scale of not less than one inch equals one hundred feet (1A1 a? 1000) unless otherwise approved by the grinning Commission9 and shall, be cleanly and legibly reproducedo inf orffiation o 3o24 Information on Map* The tentative map shall contain the following 3o24*Ol, The subdivision name or nummbere date, north point,, scale and sufficient description to define the location and boundaries of the proposed subdivision* 3-24-02 Name and address of record owner or owners of said subdivision* 3024,03 Name and address of the subdivider6 3.24.,09. Names business address and number of the registered engineer,, or licensed surveyors who prepared the map of said subdivisions if any* 3,24*05 Sufficient elevations or contours to determine the general slope of the land and the high and low points thereof, EMP 3024,06 Tt locatioxns, names, widths and ay -mcimate grades of all roads,, streets, highways and ways i3�li Abe proposed subdivision and alb the boundaries thersofe 3024oO7 The location and character of all existing or proposed public utility facilities in said subdivision or on said adjoining and contiguous highways, streets and ways* 3 025001 Existing use or uses of the property, 3025,02 Proposed use of the property, If property is proposed to be used for more than one purpose, the area, sots or lot proposed for each type of use shall be shown on the tentative map® 302503 Statement of the improvements and public utilities, including water supply and sewerage disposal, proposed to be made or installed and of the time at which such improvements are proposed to be completed. 3025004 Public areas proposed, if any, 3 025®05 Tree planting proposed, if any. 3025006 Restrictive covenants proposedo 3025oO7 Justification, and reasons for any exceptions to provisions of this ordinance. 3 ®26 Planning Commission Approval® 3026x01 The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Ordinance, and upon that basis within thirty (30) days after the filing of the tentative map, a prove, conditionall a prove, o° disapprove the same and. shall report such action direct to t e SuRivider any s na also transmit to the City Engineer a copy of the.texntative map, and a memorandum setting forth the action of the Commission thereon® 3026003 The Planning Commission may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided., is a use prohibited by ordinance or law or if the property is deemed unhealthful or unfit for hunan habitation or occupancy by the Health Department of the City. —3— V SECTION IV. FINAL MAP 4s1 Filing. !tall Within one year after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision or any part thereof 9 to be surveyed and a final map thereof prepared in conformance with the ten%tive map as approved or condition- ally approved. The tracing and two blue line or black line prints of the final snap shall be filed with the Planning Commission together with.a checking fee of ten dollars ($10 ®.00) plus fifty cents MOO) per lot-shown on the .final reap, �, ena�� t.� �,� yr��de t o) I)ffi,c(s ,: :f the City iiniser. o An extension of time f(Yr filing of tha , be gTanted City Cotfllnrdl upod r°eccmme ndation by the Ra ,nix)jg Commission aT zliAL *ti"vm is - made by the aubdivider �d4 '_:':An on's Rftgr 4.12 At the time of the filing of the final map with the Planning Commission the Subdivider shall also file therewith the fcllowinga 4.12.01 In the event any dedication is to be made for the public use, a preliminary title report issued by a Title Insurance Company in the name of the ewer of the land, issued to or for the benefit and protection's of the City of Sara Luis Obispo, showing all parties 'whose consent is necessary of their interests therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act) If the land is so registered, a -certif`ied copy of the certificates of title shall be furnishedo 11.12 o O2 The instrument prohibiting traffic over the side lines of a major highway, parkway, street or freeway, when and if the same is required under Section 5.16 hereof® 4.12.03 Sheets and drawings showing traverse closures and the computation of alldistances, angles and courses shogun on the final map, ties to existing and proposed monuments,, and adjacent subdivisions, street corners, and/or highway stations. 4.2 Form of Final Mapo 4a2l The fugal subdivision map shall, be cleanly and legibly drams upon tracing . cloth of good quality. All lines, letters, figures, certifications, acknowledgements and signatures shall be made in black India inks Typewriting or rubber stamps shall not be used9 The rap shallbe so made and Shall be in such condition whet filed that good legible blue prints and negatives can be made therefrom* The sin of the sheets of tracing cloth shall be eighteen by twenty savana (18f ?DO1 inches leaves a mArgin of two inches (2 ") at the left edge and one inch. (111). at ,the other three edges of- the, sheet so The scale of the final map shall ll be not less than" one, inch iq -a4ls once hundred (64"(10 100o). 4.22 When the final map consists of mdre.:.-than two sheets, a key map showing the relation of the sheets shill be placed on sheet ones Every sheet comprising the map shall bear the scale, north point, legend, sheet number, and, number of sheets comprising the neap® 4423 fterever the City. Engineer has established a system of coordinates then the survey shell be-tied into such steams The asap shall show clearly what stakes, monuments or other evidence 'wher°e found on the ground to determine the boundaries of the subdivisions The adjoining coroners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, or other proper designations 4o24 Sufficient data must be show to determine readily the bearing.and length of every lot line, block line and boundary lines Dimensions of lots shy be givens as total dimensions, corner to corner, and shall be show in feet and hundredths of a foots No ditto marks shall be used. Lots containing one acre or more - shall show total acreage to nearest hundredthe Bearing and lengths of straight lines, and radii and arcs length for all curves as may be necessary to determine the location of the centers of eves and tangent points shall be showno No lot shall be dimensioned to contain any part of an existing or proposed public right of way. -4- 4.25 Whenever t City Engineer has established center line of a street or alley, adjacent to or in the proposed subdivision, the data shialb be shown on the final map indicating all monuments found and making reference to a field book or map, If the points were reset by ties, the course and detail, of relocation data used by the City Engineer shall be stated, 4,26 The snap shall show the location and description of all monuments found in making the survey of the subdivision, 4.27 In addition, the final map shall be prepared in full compliance with the following requirementso 4.27 *01 The final gap shall show the 21te of high water in case the subdivision is adjacent to a streams channel, or any body of water and shall also show any area subject to periodic inundation by water, or any land intended to be filled® 4.2.7.02 The boundary of the subdivision shall be designated by a blue border applied to the reverse side of the tracing and on the face of the l.ue line prints. Such border shall not interfere with the legibility of figures or other data o 4.27 ®03 Streets and other rights of way. The maps shall show the center and side lines of all streets, the total width of all streets, the width of the potion being dedicated and the width of existing dedications, and the widths each side of the center line, also the width of railroad rights of way, appearing on the snap. 4.27.04 The map shall show the side limes of all easements to which the lots are subject, The easements must be clearly labeled and identified and if already of record, its recorded reference given, If any easement is not definitely located of record, a statement of such easement must appear on the title sheet© Easements for storm drain, sewers and other purposes shall be denoted by fine dotted lines. Building lines shall be indicated by dotted limes of the same width as the lines' denoting street boundaries. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easeimnt with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall, be properly referenced in the owneras certificate of dedication, 4.27.05 City boundary lines crossing or bounding the subdivision shall, be-clearly designated and referenced.® 4.27 905 Lot numbers shall, begin with the number 9911, in each block and shall be numbered in a clockwise direction ;. _ n.on th shall b;a 11 ly Lq o te ip® 4,27o07 Block letters shall begins with the letter W continuing consecutively without omission or duplication throughout, the subdivision, The letters shall be solid and of sufficient size and thickness to stand outq shall be so placed as hot to obliterate any figure and shall not be enclosed in any design. Each block in its entirety shall be shown on one sheet, Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets complete with center line and property lime data, required by laws 4.27,08 The map shall also show all other data that is or may be 4.27.09 The final map shall, particularly define,, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offer ®d for dedica- tiona for any purpose, public or private, with all, dimexnsions, boundaries, and coursed clearly shown and defined in every case, Parcels offered for dedication but not accepted shall be designated by letter. -5 4.3, Certificates and, c Bond 4.31 The following certificates and acknowledgements and all other now or hereafter required by law shall appear on the final map, such certificates may be combined where appropriate, 4.31,01 A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of said map, provided., however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map. Rights of may,,.easements or other interest none of which can ripen into a fee. Rights of way, easements or reversions, which by reason of changed conditions, long disuse or lathes appear to be no longer of practical use or value and vhich signature it is impossible or impractical to obtaino In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map* Any subdivision map including land originally patented by the United States or the State of California,, under patent reserving interest to either or both of these entities, may be recorded under the provision of this Crdinance without the consent of the United States or the State of California thereto, or to dedication made thereon. 4-31902 Dedication Certificate. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets, -which are intended for the exclusive use of the lot owners in the subdiffisiong their licensees, visitors, tenants and servants, 4.31003 Engineer es Certificate. A certificate by the Civil Engineer or licensed surveyor responsible for the survey and final map. The signature of such Civil Engineer or Surveyor unless accompanied by his seal must be attested. 4.3144 A certificate for execution by the City Engineere 4.31.05 A certificate for execution by the City Planning Commissions 4.31.06 A certificate for execution by the City Clerk, 4-31.07 A certificate for execution by the County Recordero 1 4.32 In additiong letters from the County Auditor and City Auditor and/or City Clerk certifying that according to the records of their offices,, there are no liens against the subdivision, or any part thereof for unpaid taxes, Stateg County., Municipalq or local, or special assessments collected as taxes or special assessments not yet payable,, and as to the latter the subdivider shall submit a statement by each proper officer giving his estimate of the amount of taxes and assessments which are a lien, but which are not yet payable, 4033 Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable,, the final map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisor's of the County wherein any part of the subdivision is located,, a good and sufficient bond to be approved by the Board and by its terms made to inure to the benefit of the County and conditioned upon the payment of all State,, County,, Municipal and local taxes and all special assessments collected as taxes, 'which at the time the final map is recorded are a lien against the property, but which are not yet payable* In lieu of a bond, a deposit may be made'of money or nogotiable bonds in the same amountg and of the kind approved for securing deposits of public money. —6— 4*4 action on Fine, Map 4o4l Approval by City Engineer, Upon receipt of the final map and other data submitted therewith by the Planning Ccmmissipu9 said map and data shall be referred to the City Engineer who shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map9 and any approved alterations thereof, that all provisions of the law and of this Ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is technicalir correcto If the City Engineer shall determine that full conformity therewith has riot been made he shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additionso .If the City Engineer shall determine that fulls conformity therewith has been made he shall so certify on said map and shall transmit said map to the Planning Commissions In the event a subdivision is partly in the City.and pv^tli outside the City,, the County Surveyor and the City Engineer shall enter into an agreement by and with the consent of their respective governing bodes9 providing that the County Surveyor may-perform the duties prescribed for the City Engineer in this paragraph or providing for an apportionment between them of said duties. The County Surveyor., when by such agreement all -such duties devolve upon hi m, may after his perfarmance thereof make the aforesaid certification upon said map and, when by such agreement.said duties are apportioned between the- Gounty Surveyor and City Engineer, it shall be sufficient, if each shall after the performance thereof$ make a certi- fication on said map, toughing the duties performed by each after which the map shall be transmitted to the Planning Commission, 642 Approval of Planning Coacmmissiono , Upon return of the final map by the City Engineer or County Surveyor the Planning Commission shall examine the same to determine whether said map conforms with the tentative map and'wi,th all changes permitted and all requirements imposed as a condi;tibn t6 its acceptances If the Planning Commission shall determine not to recommend said map, it shall advise the subdivider of the changes or additm idne that must be made for such purpose and shall accord him an opportunity to make,sameo If the Planning Commission shall thereupon determine that -said map is in conformity therewith and determines to recommend said map, it shall certify its-'approval -thereon and the..SecretarlZ sh llmtpahsmi;t! sai ,mz ttta t6--the -City Clew. j, tagsth.er wi arty ,locum ire nich :may. ha��e been b fd& eo=,,theredthl %,f'6r'ij'eseu�"af'i6r.,tt'+be +wit Council. =J 4.43 — Approval by city Council; A* its first regular meeting following the filing of said map with the =City Clerk as aforesaid, following the filing thereof,, the City Council shall consider said map, the plan of subdivision and the offers of dedication. The City Council may reject any or all offers of dedication, If the City Council shall determine that said map is in conformity with the requirements of this Ordianance, that it is satisfied with the plan of subdivision and shall accept all offers of dedication, it shall approve said map and the City Clerk shall thereupon so certify upon said map. When the subdivider shall have filed with the City Clerk the agreement and bond, or made the deposit, described in Section 4.6 hereof, and'when such agreement and bond.shall have been approved by the City Attorney, as to farm and by the City Engineer as to sufficiency, the City Clerk shall present said map to the County Recorder and thereafter record the same with the County Recordere If the City Council shall determine either that said map is not in conformity with the requirements of this Ordinance or that it is not satisfied vd th the plan of subdivision or if it shall reject any offer or offers of dedication.9 'it shall disapprove said map specifying its reason or reasons therefor and the City Clerk shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapprovalo Within thirty (30) days after the City Council, has disapproved any snap the subdivider may file with the Planning Commission a map altered to meet they approval of the City Councilo In such case the subdivider shall -conform to all the requirements imposed upon him by this Ordinance when filing the first final map with the Planning Commission. No map shall have any force or effect until the same has been approved by the :City Council and no title to any property described in any offer of dedication shall pass until the City Clerk has recorded said map with the County Recordero —7— 4 ®44 maps(- , ed for the purpose of revertin ubdivided land to acreage shall be conspicuously so dee�gnated with the title "The Purpcd-j of this map is a •REVERSION TO ACREAGE" A I-,' 405 Record of Survey. 4051 A record of survey map may be filed in the case of the division of land into parcels of 2 -1/2 acres or more or when parcels are proposed to be subdivided into four (4) lots or less facing on a dedicated and improved street at least 40 feet in widthe 4,52 Five (5) copies ®f .a tentative map of such proposed record of survey shall be filed with the Planning Cniseion at least fifteen (15) clays prior to the meeting of said Planning Commissions 4053 Action on Tentative Map o The Planning Commission shall determine whether the tentative map is in conformi,ty� with the provisions of law and of this Ordinance and upon that basis within thirty (30) days after the filing of the tentative map9 approve., conditionally approve or disapprove the same and shall report such action direct to the subdivider and shall also transmit to the City Engineer a copy of the tentative map,, and. a copy of the resolution setting forth the action of the Commission thereon* 4,54 A tracing and two (2) legible prints of the Record of Survey shall be filed 'with the City Engineere 4055 After approval of the tentative map,, the Record Survey Map shall be filed with the City Engineer at least fifteen (15) days prior to the meeting of the City Council at -which approval is expectedo 4056 Action on Record of Survey Map by Planning Ccamissiono Upon receipt of the Record of Survey Maps the City Engineer shall transmit a copy to the Planning Comm issione The Secretary of the Planning Commission upon receiving the copy from the City Engineer shall examine same to determine whether said map conforms to the tentative map and all requirements or conditions imposed thereoano If it is determined that it does conform the Secretary of the Planning Commission shall so cerfify`to the City Engin ®ere If it is determined that the map does not conform,, the Secretary shall notify the City Engineer enumerating all points in which said map does not conformmo 4.57 Action on Record of Survey Map by .City Edgixneere After receipt of approved map from the ,Secretary of the Planning- Commission and determination that the map is in full, conformiity with them approved tentative sop and any condition imposed as a part of such approval,, th s E i�fn e � ,i dr p._a Ad ahAUTvhrarbmLftosaJ.d talk "to';.thkocity Clerk* ­ 4o5.8 Approval by City Council ­At its first regular meeting following the filing of the Record of Survey Map with the City Clerk, the Council shall consider said map and after the Council has determined whether said map is in conformity to the requirements of this Ordinance., shall approve said map by resolution, In case the City Council shall determine that said map is not in conformity with the requirements of this Ordinance,, they shall disapprove said map and advise the owner or. his agent of such dlisapproval o 4.59 Any Record of Survey Map of ,tom, drdinance and fw t re dati,%i sha311 .be Lzaaaqmled certified.1 copy, - off;1,ahe * readlutiem of than City C=ncil approving. said map* .. _C, 4.6 Agreement and Bond,-.,r Improvements. 4.61 Upon the, approval by the City Council of the final map the subdivider shall execute and file an agreement between himself and the City specifying the period with- in which he shall complete all improvement work to the satisfaction of the City Engineer.9 and providing that if he shall fail to complete such work within such period the City my complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineers and reimbursement of the City by the subdivider for the cost of such inspectiono Such agreement may also provide (a) for the construction of the improvements in units,, (b) for .an extension of time under conditions therein specified,, (c) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in said agreement and required to be constructed by the subdivider. and (d) for progress-payments to the subdivider,, or his orders from any - deposit money which the subdivider may have made in lieu of providing a surety bond ,,.as provided by the next succeeding section; provided however,, that no such progress payment shall be made f9r morwi than ninety percent (90%) of the value of any installment ok work and provided that each such installment of work . shall be completed to the satisfaction of the City Engineer. 4*62 The subdivider shall also file with the aforesaid agreement, to assure his full and faithful performance they eof,, a bond. forsuch sBmm as is by the City Engineer deemed sufficient to cover the cost of said improvements,, engineering,, inspection ,,and incidental expensese Such bond shall be exec'pted by a surety company authorized to transact a surety ,business in the State of California and must be satisfactory to and be approved by the'City Attorney as to foam and by the City Engineer as to sufficiencye In lieu of said bonds, the subdivider may deposit with the City Treasurer cash money in an amount fixed as aforesaid by the City Engineer. 4,,63 In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Ordinance and the City shall have completed same. or if the subdivider shall fail to reimburse the City for the cost of inspection. engineer- ingg and incidental expenses. the City shall call on the surety for reimbursement3 or shall appropriate from any cash deposits funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all cost and .expense incurred by the City.9 it shall release the remainder of such bond or cash deposit and if the smut of the surety bond or cash deposit shall be less than the cost and expense incurred by the City the subdivider shall be liable to the City for such difference. taA No extension of time,, progress payments from cash deposits,, or releases of'surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed and approval of the City Council* SECTION V. GENERAL REu ULA TIONS AND DESIGN 5el Streets and Highways 5.11 The Street and Highway design shall conform both in width and alignment to any Master Plan of Streets and Highways approved by the City Council and right=of veay for any such street or highway indicated on said Master Plan shall be dedicatedo 5 12 The Street and Highway design shall conform to any proceedings affecting the subdivision,, which aW have been initiated by the City Council or approved by said Council upon initiatftn by other legally constituted bodies of the City,, County. or State. "If a. parcel of land to be subdivided includes a portion of the right-of-way-to be acquired for a public freeway or parkway, and the City Council shall determine the boundaries of the right- of-way to be acquired,, the subdivider shall either dedicate or withhold from subdivision all the area included in said right -of -ways -9- 5.13 General Desigl inditions 5x13.01 All streets shall, as far as practicable,, be in alignment with existing adjacent streets by continuations of the center lines thereof or by adjustments by curves and shall be in general conformity with the plans of the Planning Commission for the most advantageous development of the area in which the subdivision linso. 5.13oO2 Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. 5013003 Where necessary to give access to or permit a satisfactory future subdivision of adjoining land,, streets shall extend to the boundary of the prop rty and the resulting dead -end streets may be approved without a turn -around. In all other cases a turnaround having a minimum radius of forty feet,, shall be requirede 5el3o04 Intersection Corner Rounding. Whenever a major street or State Highway intersects any other street or highway,, the property lines at each block corner shall be rounded with a curve having a radius of not less than thirty (30) feet. On all other street intersections the property line at each block corner shall be rcurd ed with a curve having a radius of not less than twenty (20) feet. Ian either case, a greater curve radius may be required if streets intersect other than at right angles. 5ol3oO5 Curve Radius. The center line curve radius on all streets and highways shall conform to accepted engineering standards of design and shall'be subject to approval by the City Engineer. Minimum radii major streetas 500 -ft; secondary streetss 350mft-, local streetss 100 -ft. 5ol3oO6 Grades of Streets and Highways. No street or highway shall have a grade of more than seven percent (7 %) unless because of topographical conditions or other exceptional conditions,, the City Engineer determines that a grade in excess of seven percent (7 %) is necessary. 5013.07 Reserved strips controlling the access to public ways or minimiz- ing values for special improvement assessments will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, or both, and in no case unless the control and disposal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the Planning Commission. 5.14 Street and Highway Widths. Streets and highways not shown on any Master Street and Highway Plan or not affected by proceedings initiated by the City Council or approved by the City Council upon initiation by other legally constituted governmental bodies shall not be of less width than those set forth hereunder, except where it can be shown by the subdivider, to the satisfaction of the Planning Commission that the topography of the small number of lots served and the probable future traffic development are such as to unquestionably justify a narrower,wi.dtho Increased widths may be required where streets are to serve commercial property & where probable traffic conditions warrant such. Approval or determination of street or highway classification shall be made by the Planning Commission. All streets shan be graded property line to property line. 5.1441 Mayor streets or highways m minimum right- of®ways One hundred (100) feet. Minimum pavement width m tym ';(70) t00% including twelve (12) foot division strip. 5e14®02 Secondary streets or highways ® minimum right -of -ways Eighty six (86) feet, Mirdmmr p �y� X1.(6 .meet t a e(af'Jc b... 5.1603 Circulatory streets m M#imun right-of-ways Sixty (60).feet. Minimum pavement' width <forty, "(40):rf'eat to face+ of combo 5.14.04 Local Streets © Minimum right -of Sys Fifty -four (54) feet. Minimum pavement: width thirty -six (36) feet,, to face of curbo 5a14a% Cul®d ac streets and service roads w: . not over three hundred • and fifty (350) feet in length ® minimum right-of-way of fifty (50) feet. Pavement Width thirty-four (34) feet. Cul de sacs - minimum radius forty (40) feet. 5.14,E Two level streetss Right-of-way wealth variable ® Minimum pavement width 2 - 18-foot paved sections with sufficient room for proper slopes. 5,15 Service Roads and Off - street Mrking. 'When the front of any lots proposed for commercial usage front on any major or secondary street or highway., the subdivider shall be-required to dedicate and improve a service road to provide ingress or egress to and frm such lots or in lieu thereof, if approved by the Planning Commission., the subdivider may dedicate for public use and improve, an area approved by the Planning Commission and adjacent to such lots, for off -street panting purposeso When the front of any lots proposed for residential usage front on any freeway, state highway or parry, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already exist- ent as a part of such freeway or parkway. In addition to any requirement for a service road, the Planning Commission may require adequate off -street parking areas for all lots proposed for commercial usage. 'Where off - street parking is required the minimum shall be at a ratio of 1 foot parking space to 1 foot of stores spacceo 5.16 Non -Access and Planting Stripe. When the rear of any lots border any major or secondary street, highway., or parkway, the subdivider may be required to execute and deliver to the City an instrument., deemed sufficient by the City Attorney, prohibiting the right of ingress and egressto the rear of such lots across the side lines of such streets or highways. 'When the rear of any lots border any freeway, state highway or parkway the subdivider may be required to dedicate and improve a planting strip adjwent to such parkway or freeway. 5.17 Alleys-. When any lots are proposed for commercial or industrial usage, alleys at least thirty (30) feet in wealth may be required at the rear thereof with adequate ingress and egress for truck traffic. Any alleys proposed in residential subdivisions shall have a minimum wealth of twenty (20) feet fully graded and improved. 5,18 Street Names. All street names shallbe as approved by the Planning Commission. 5.19 Acre or large lot subdivisionso Where a parcel of land is subdivided into lots of one-half acre to one or mmorce., the Planning Conmission may require that the blocks shall be of such size and shape and be so divided into lots so as to eliminate the possibilm ity of a request for opening or extending of a street at some location in the block in order to provide for additional lots. 5,1.9.03, In the event the Planning Commission recommends an exception to the maximum lot depth of one hundred fifty (150) feet, it may them require the subdivider or developer to offer for dedication a full width right- of-way for a future street at such intervals as will permit a subsequent division of any parcel into lots of normal size e 5.2 Easements. 5o21 The subdivider shall grant easements not less than five feet (50) in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary, provided easements of lessor width may be allowed when at the determination of the City Engineer that the purposes of easements may be accomplished by easements of 2e sser width and provided further that in such determination the City Engineer shall prescribe the width of such easements. Easements for overhead wire lines, shall be provided at the rear of all lots., except where alleys are available, and in contiguous locations to permit of anchorage, line continuity., . ingress and egress. Dedica�Aon of easements shall be -to ;the City for the purpose of installing utilities, gtri. aAd ®llm 5.3 Lots 5.31 The size and shape of lots shall be in conformance to any zoning regulations effective in the area of the proposed subdivision and shall not be less than sixty (60) feet in width, nor less than five thousand 9#ur hundred . (5,400) aquwa feet in . area, ner ' less $had ni nett' (90) ,feet i ► thami one hundred fifty-(150); feet in depth. The Planning Commission may recommend the granting of exception to this provision where lots are to be used for commercial or indus-w .trial purposes-or-where there are unusual topographic conditions, curved or cul- de-sac streets or other special conditions, 5.32 The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved, 5.33 Building set back Tines shall be indicated by "dotted'# lines on the Subdivis- ion Map, as required by the Planning Commissiono 5.34 Divided Lotso No lot shall be divided by a city boundary line, 5.35 Lots without frontage on a street will not be permittedo 5e36 Lots, other than corner lots., may front on more than one street where necessitated by topographic or other unusual conditions, 5.4 Walkways. 5o4l The subdivider may be required to dedicate and improve walkways across long blocks or to provide access to school, park, or other public areas, 5.5 water Courses. 5051 The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel., stream or creek that traverses the subdivision, or at the option of the subdivider provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm waters. 5e6 Master Plano 5,61 In all respects, the subdivision will be considered in relation to the Master Plan of the City, or any part thereof, or preliminary plans made in anticipation thereof. 54 Deed Restrictions, 5,71 A copy of the Deed Restrictions applicable to the subdivision shall be filed vdth the Planning Commission at the time of filing Final Map, 508 band Subject to Inundation. 5.81 If any portion of any lased, within the boundaries shown on any such Final Map, is subject to overflow, inundation or flood hazard by storm wasters, such fact and said portion shall be clearly shown on such Final Map enclosed in a border on each sheet of said nape SECTION VI. IMPROVEMENTS AND BONDS 6.1 Standards and Approval 6011 All improvements hereinafter mentioned shall conform to those required in ths'03tandArd Improvement Specifications8° prepared by the City Enginaer, recommv ended by the Planning Commission, and adopted by the City Council, copies of which are on file in the office of the Planning Commission and the City Engineer, -22- 6.12 Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the City Engineero Such plans may be required before approval of.the final map, All such plans and profiles shall be prepared on tracing cloth in accordance with requirements of the City;Engineerg 6o13 All required improvements shall be constructed under the inspection of and to approval of the City Engineer.. Cost of inspection shall be paid by the.subdividere 6014 All underground utilitiesg sanitary sewers and storm drains installed in streets, service roads, alleys or highways ,shall be constructed prior to the surfacing of such street,, service roads, alleys, or highwayse Service convections for all underground utilities and sanitary sewers shall be placed to such length.as will obviate.the necessity, for disturbing the street -or alley - improvements,, -,when 'service: connections thereto-are mades 6,2 General Requirements,, The subdivider shall install improvem -eats. in accordance with the general requirem- ents set forth in this sectiono 6021 Streets and High,¢atys. All streets and - highways -shall be graded, rocked and surfaced to widths and grades approved by the City;gngineer,, and Planning Commissimis The .- subdivider shall improve the extension of all subdivision street,, highways., or public ways to the intercepting paving line of any County Road, City Street, or State highway, 6022 Structures. Structures shall be installed as.deemed necessary by-the City Engineer, for drainage, access.and /or public safetyo. Such structures to be placed to grades and to be of a design, appproved by the City Engineer according to the Standard` I�ttprovement Specifications in effeote 6023 Curbs and Gutterse Curbs and gutters:shal:l be.installed to'grades and design approved by the City Engineer, and accordi4&'te theStandard Improvement Specifications in effects 6.24 Sidewalkso. Sidewalks shall. be installeda�v kz �,. fi a�d,;th c2 e , E e 7 the City Engineer, and ,acoording to the Standard Improvement Specifications in effecta 6025 Sewers. Sanitary sewer facilities connecting Y.th the existing City sewer- •. system shall be- installed to.serve each lot, and to grades and sizes approved by the -City Engineer. No septic tanks or cesspools will be permitted, Storm water sewers shall be installed as required by the City Engineero Where existing sewers are not adequate'to serve new subdivisions, the, subdivider may be required to connect with sewers that can adequately handle the additional load. Where.;further development appears probable, beyond the pro posed. subdivision, the' subdivider. , may, be required to install larger sewers to 'handle such additional development. 6.,26 Watero Adequate, water supply and distribution systems water mains and fire"' hydrants connecting tothe water system serving-the City of San Luis Obispo shall-,be installed by the subdivider, subject to approval of the City Engineer. 'there further deve3,opment . appears probable beyond the proposed subdivision, the subdivider maybe required to install larger water mains to handle such additional development. 6s27 Street Trees. Street trees not less -than one on each lot or more thani0 -feet apart shall be required unless - exempted by the Planning Commission. They shall be of a type recommended and approved by.-the City Engineer and planted in locations approved by.hime 6.28 Street Lightingo Ornamental street lighter bs required unless exempted:, by the Planning Commis, ono lighting shall be of a type recommended by and approved by the City Engineer and locations shall be approved by said Engineer(, 6.29 Street Name Signse Street'- °eet name - signs shall be installed at each intersection. Such signs to be approved as to type and ,location by the City Engineer. 64,30 Railroad Crossings* Provisions shall be made for any. and all railroad crossings necessary to provide access to or circulation within the proposed subdivision,, including the preparation of all documents., necessary,for applicat-,on to the California State Public Utilities Commission for the establishment a44-improvement of such crossings. The cost of such railroad crossing improvement shall be- borne `by the,. subdivider. 6 *3 Monuments. 6031 Permanent iron pipe monuments of a type approved by the,City Engineer shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over five hundred (500) feet, at the beginning and, end of property line curves, and at any other points as may be required by the City Engineers 6032 Concrete monuments depressed below street grade with cast, iren -ring and cover of a type approved by the City Engineer shall be set at intersectior)s of 'street centerline tangents or offsets the r ®from, and where such intersect on . private property, at the beginn- ing and end of the centerline curve and /or offsets therefrom. The-exact of all shown monuments shall be shn on the final map before approval- is requested* 6033 Permanent elevation benchmarks of a type approved by . tho City Engineer and referred to the City datum shall be set at each street intersection in the.curb return or other location approved by the City Engineere' 6034 Any monument or bench mark,, as. required by ths-Ordinance, `that-is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider* 6035 Complete field notes, in a form satisfactory to the City Engineer., showing reference, ties, locations, elevations and other necessary data relating .to monuments and bench marks set in accordance with the requirements of this'Ordinance,-shall be submitted to the City Engineer to be retained by the City as a permanent record. 6036 Monuments and bench—marks shall.be set before ... :�..:._ accepted by th ® -Ci r Counoillunleas by the City Council.. SECTION VII., EXCEPTIONS Tel Application 7011 The Planning Commission may recommend that the City Council: authorize conditional exceptions to any of the requirements and - regulations set forth in this Ordinances Application for any such exception shall be made by a certified petitic'n.of the subdivider, stating fully the grounds of the application and the facts relied upon by.'the petitionero Such petition shall be filed with the tentative map of the subdivisions In order for the property referred to in the petition to coarse within the provisions of this section, it shall be necessary that the Planning Commission shall find the following..faots with respect thereto., 7011001. That there are special circumstances or'conditions affecting said property* 7e11002 That the exception is necessary for the preservation and 'enjoyment of a. substantial property right of the peti.tionere 7.11003 That the granting of the exception will not.be detrimental to the public welfare or injurious to other property in the vicinity-in which said property is situated* 9 i 702 Planning Commission Action 7 ,,21 In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to vh ich the exceptions are granted, as to light, air, and the public health, safety, convenience and general welfare, 7x22 In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the City Council its findings with respect thereto, and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designatedo 703 City Council Action 7031 Upon receipt of such report the City Council may by resolution authorize the Planning Commission to approve the tentative map with the exceptions and conditions the City Council deems necessary to substantially secure the objectives of this Ordinance, SECTION VIII. APPEAL 8ol Notice 8811 Appeal may be made to the City Council from any decision, determination or requirement of the Planning Commission or City Engineer by filing a notice thereof in writing with the City Clerk within ten (10) days after such decision or determination or requirement is made, Such notice shall set forth in detail the action and the ground by and upon which the subdivider deems himself aggrieved, 8o2 Report, 8,21 The City Clerk shall report the filing of such notice to the Planning Commission and City Engineer,, A written report shall be submitted to the City Council by the party whose decision, determination or requirement is upon appeals 803 Action on Appeal. 801 The City Council at its next regular meeting following the filing of said appeal, or within ten (10) days following the filing thereof, shall set said appeal for hearing to be held within ten (10) days thereafter, andsuch hearing may for good cause be continued by order of the'City Council,, Upon the hearing of said appeal the City Council may over rule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this Ordinance9 and such disposition of the appeal shall be final,, SECTION IBC. VALIDITY 9ol If any section,sub ®section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compet-F ent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinances The City Council of the City of San Luis Obispo, State of California, hereby declares that it would have passed this Ordinance and each section, sub -section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub -sections, clauses.or phrases be declared invalid or unconstitutionale —15— SECTION X. PENALTIES 10.1 Any person, firm, corporation, partnership, or co- partnership who wilfully violates any of the provisions or fails to comply with any of the mandatary requirements of this Ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punish- able by a fine of not to exceed five hundred dollars 0500.00) or by imprisonment in the City Jail, not to exceed six (6) months or by both fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to vh ich the City of San Luis Obispo or other political subdivision, or any person., firm, corporation, partnership, or co- partnership may otherwise be entitled, and the City of San Luis Obispo or any other political subdivision or person, firm, corporation, pa rtnership, or co-partner - ship may file a suit in the superior court of the State of California in and for the County of San Luis Obispo to restrain or enjoin any attempted or proposed.subdivision or sale in violation of this Ordinance. SECTION XI. REPEAL 11.1 Ordinance No. 319 (New Series) entitled "An Ordinance Provid- ing Regulations For The Subdivision of Land in the City of San Luis Obispo, California, And For The Preparation and Presentation of Subdiv- ision Raps Thereof, And of Record of Survey Maps" is hereby repealed. SECTION M. 12.1 This ordinance, together with the Ayes and Noes, shall be ?published for two days in the Telegram- Tribune, a daily newspaper printed, published and circulated in said City, and the same shall take effect and be in force thirty days after its final passage. INTRODUCED AND PASSED TO PRINT this 19 day of January, 1953, by the following vote: AYES: D.M. Carpenter, Fred Luc�.si.nger, Tim gt.h 1._Q'RPi1l ,- -Erarl --u. eds NOES: None ABSENT: Paul. W. Davis ATTEST: 1/ -16- It�ayor FINALLY PASSED this 2nd day of February 1953 upon the following roll call vote: AYES: D.M. Carpenter, Paul W.Davis,Frd Luck singer, Timothy T_QtRPilly, Frank V.Woods NOES: None ABSENT: None May 6r / r -