HomeMy WebLinkAbout0934ORDINANCE NO. 934 (1982 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADOPTING NEW SUBDIVISION REGULATIONS AND
REPEALING'PREVIOUS.SUBDIVISION REGULATIONS
CONTAINED IN MUNICIPAL CODE ARTICLE IX, CHAPTER 1
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Subdivision Regulations, fully contained in the attached
Exhibit A. are adopted.
SECTION 2. The previous regulations contained in Municipal Code Article
IX, Chapter 1, are repealed.
SECTION 3. After review and consideration, the decision of the Community
Development Director to grant a negative declaration of environmental impact is
affirmed.
SECTION 4. A summary of the new Subdivision Regulations, including a
description of where members of the public may obtain complete copies, together
with the vote of each councilm'ember on this ordinance, shall be published once,
at least three (3) days before final passage of this ordinance, in the Telegram
Tribune, a newspaper published and circulated in this city. This ordinance shall
take effect at the expiration of thirty days after its final passage.
INTRODUCED by the Council of the City of San Luis Obispo at a meeting held on
the 3rd day of August , 1982, on motion of Councilman Settle, seconded by
Councilman Griffin, and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
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CITx' CLERK P LA V0011-S-
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0 934
Ordinance No. 934 (1982 Series)
Page 2
APPROVED:
Q
City Administrate e Off' er
City Attorney
Co unity Vevelopment Director
ORDINANCE NO. 934
FINALLY PASSED this 31st
(19 82 Series)
day of August ,
19V,), on motion of Councilman Dunin seconded by
Councilman Settle , and on the following roll call
vote:
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
c
/' 1% 7 _ A 1
Mayor Melanie C. Billig
ATTEST:
Cit Clerk Pamela &Ages
The following pages, which indicate changes to the
printed draft Subdivison Regulations dated May 1932,
reflect City Council action through July 13, 1982.
(EXHIBIT A WILL CONSIST OF THE PREVIOUSLY PUBLISHED DRAFT AS MODIFIED
BY THE CHANGED PAGES.)
a
City of San Luis Obispo Community Development Department Julv 1982
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F. Correctin? or Amending Mans
Rec --riled final Bract maps and recorded final parcel ;naps may be amended,
corrected, or modified, as provided in the Subdivision Map act (Sections
66-69 through 65472.1). approved minor land divisions and lot line
adjustments may be amended as provided for tract and parcel maps, with
amending or correcting documents to be filed with the Community Development
Department.
F. Lot Combination
Contiguous parcels under common ownership may be merged -- interior lot
lines may be removed -- by approval of a "lot line adjustment," as provided
in Part D immediately above, together with recordation of a certificate of
compliance for the new parcel.
G. Expansion of Condominium Projects
Notwithstanding part D immediately above, the addition of floor area -to a
condominium projecf*shall require approval of the type of map previously
approved. If the Director finds such a map is not necessary for the
purposes of these regulations, the Director may waive. the requirement for
such a map.
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7. Citv Council Action on Final tap: ' At the meeting at which it receives the
map, or at i is next requ 1 ar :;:eet inv after the meeting at wh i c , it rice i : es the
map, the City Council shall approve the map if it conforms with the aporovei
tentative map and meets the requirement's of the Subdivision `tap Act,' these
regulations, and 'any rulings made pursuant to them. if the man does not
conform, the council shall disapprove it.
If the council fails to act within the prescribed time, the. final map shall be
deemed aporoved 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.
8. City Council Acceptance or Rejection of Offers of Dedication: Subject to
exceptions in the Subdivision `lap Act, at the time the council approves a final
tract map, it shall also accept, accept subject to improvement, or reject all
offers of dedication. This action shall be certified on the map by the City
Clerk.
9. Disposition After Approva -1: After the -City Council approves a final tract
map, the City Clerk shall transmit the map to the County Clerk for ultimate
transmittal to the County Recorder.
SECTION 9102.2
PARCEL MAPS
The procedures for filing, processing, public notice, and actions on tentative and
final parcel maps shall be the same as provided in these regulations for.tentative
and final tract maps, except: for - parcel maps not processed concurrently with a planned
development rezoning, the Community Development Director shall have the authority
to-act on tentative and final parcel maps.
The Director's actions may be appealed to the council. Appeals must be filed in
writing with the City Clerk within ten calendar days of the action being appealed. (See
Section 9117 - Appeals.)
If tho Director approves a final parcel.map, the Director shall accept; accept subject
to improvement, or reject any offer of dedication and shall so certify on the map.
T'ie Di rector' s actions shall be .rEported to the coUnci 1 ;,i thi n four days of tic uc;te
of the action.
The Director may approve extensions of time for filing final parcel maps in the
manner provided in Section 9102.1.6.3 for council extensions for final tract maps.
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-I Section 9103.2 INFOR1ATION ON TENTATIVE MAP (coat.)
R, daps For condominlum projects shall indicate the address of the pr;`porty
and the number, size and location of proposed dwelIin; units, parking spaces,
and private or public open spaces. Condominium project r:iaps shall comply with
the citv's Condominium Development and Conversion Regulations. For all condominium
projects, the floor area of each floor shall- be shown in proper scale and location
together with the plan view of each ownership unit.
SECTION 9103.3
OT11ER MATERIAL TO ACCOMPA'N'Y TENTATIVE MAP
The following supplementary material shall be filed with the tentative map:
A. A vicinity map of appropriate.'scale and showing sufficient adjoining
territory to clearly indicate surrounding streets, other land in the
subdivider's ownership, and other features which have a bearing on the proposed
subdivision.
B. A statement of existing and pro-posed zoning and land use.
C. A statement of proposed improvements and landscape modifications,
including the estimated time of completion in relation to subdivision of the
property.
D. A description of proposed public or commonly held areas and draft open
space easement agreements, if applicable.
E. Draft covenants, con diti-ans and restrictions if thev are integral to the
development concept or propose atypical requirements.
F. A description of requested exceptions from the subdivision design
standards for such items as lot area and dimensions, street sections, or utility
easements.
G. Proposed building setbacks and yards if different from those in the
Zoning Regulations.
H. If-required by the Community Development Director, a preliminary grading
plan as provided in the Grading Ordinance.
I. An engineering geology report may be required in areas of "moderate ",
"high ", and "very high" landslide risks, and in areas of "high" and "high +"
liquifaction potential and subsidence potential as noted in-the General Plan,
Seismic Safety Element. The engineering geology report shall include definite
statements, conclusions and recommendations concerning the following, as
applicable:
1. Location of major geologic features;
2. Topography and drainage in the suhject areas;
3. Distribution and general nature of rock and soils;
4. A reasonable evaluation and prediction of the performance of any
proposed cut or fill in relation to geological conditions;
5. An evaluation of existing and anticipated sur ~ace and subsurface
i water in relation to proposed development;
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SECTION 9105 - MINOR LAND DIVISIONS
SECTION 9105.1
APPLICATION FOR MINOR LAND DIVISION
Application for minor land division shall be in the same form as prescribed in
Section 9103 for tentative parcel maps.
SECTION 9105.2
PROCEDURES FOR MINOR LAND DIVISION
The procedures for public notice, staff review, and Community Development
Director's action for minor land divisions shall be the same as provided in
these regulations for .tentative parcel maps.
Upon a finding by the Community Development Director that all design and
improvement standards established by the city, including mesures for
environmental protection, will be complied with, ther director may waive the
requirement for a final parcel map and instead file the approved minor land
division map in the Community Development Department. Upon acceptance of
certificates, guarantees, or other documents which may be required in
conjunction with the minor land division, the Community Development Director
shall file a certificate of'compliance, which shall refer to the approved minor
1-and division map, for each parcel created and shall cause the certificate(s) to
be recorded in the office of the County Recorder.
Actions of the Community Development Director may be appealed to the City
Council. Appeals must be filed in wH ti:gg with the City Clerk within ten
calendar days of the action being appealed. (See Section 9117 - Appeals.)
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(3), The sub,` ision contains fifty or fewer els. Units within
condominium or cL_ erative projects shall be cons #,ed parcels. .
In these cases, the subdivider shall pay in —lieu fees as provided
below.
D. Partial credit for school sites and private open space.
When the city determines that a school site dedicated by the subdivider or
that private recreation facility to be constructed in accordance with
subdivision approval would provide permanent space and facilities comparable to
those customarily found in local parks, up to one —half the parkland dedication
or in lieu fees.otherwise required may be waived.
The remaining part of the requirement shall be satisfied by land dedication,
in lieu fees, or both.
The city shall determine the extent to which dedicated school sites -or
private open space fulfills the usual functions of public local parks.
E. Fees in lieu of land dedication.
When the dedication of land is not required or when land dedication
partially fulfill /.the required contribution of the subdivider to meeting
additional local park demand resulting from the subdivision, in —lieu fees shall
be paid. The amount of such in lieu fee shall be the fair market value of the
land which otherwise would be required to be dedicated according to part B of
this section.
. The fair market value shall be determined by a qualified, independent
appraiser. It shall be based on the portion of the land proposed to be
subdivided which is intended for development, and shall reflect the market value
at the time the tentative -map is approved.
Fees collected in lieu of land dedication shall be used for enlarging or
improving local parks serving the area in which the subdivision is located.
The requirement for in -lieu fees may be satisfied by the subdivider
making improvements to a park, with the approval of the City Council,
when (1) the value of the improvements is equal to the required in -lieu fee,
. (2) the park is within a reasonable distance of the proposed subdivision
and'will serve the residents of the proposed subdivision, and (3) the
improvements are consistent with the Parks and Recreation Element of the
general plan. Such improvements may but need not be made within a park area
dedicated by the subdivider.
The City Council may, by resolution, establish additional criteria for
determination and procedures for collection and use of in lieu fees, including a
maximum fee per dwelling, to the extent such additional requirements do not
conflict with these regulations or the Subdivision Map Act.
Procedures
At the time of approval of the tentative map, the City Council shall
determine the amount of land to be dedicated and /or fees to be paid by the
subdivider.
The land shall be dedicated and the fees shall be paid at the time the final
subdivision map is filed with the city, unless the;.bodyiwhic_h_ approved the application
approves a schedule_ for deferred dedication; pa.Yment of in Lieu fees, or imorove-
went.-
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SECTION ''106 - LOT LINE ADJUSTMENT
SECTION 91.06.2
'APPLICATION FOR LOT LINE ADJUSTMENT
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-tea
Application for lot line adjustment shall be in the same form as prescribed for
tentative parcel maps (see Section 9103.1).
SECTION 9106.2
PROCEDURES FOR LOT LINE ADJUSTMENT
The procedures for public notice., staff .review, and Community Development
Director's action on lot line adjustments shall be as provided in these
regulations for tentative parcel maps.
Upon a finding by the Community Development Director that all design and
improvement standards and environmental protection measures established by the
city will be complied with, and that the lot line adjustment will not result in
a greater number of parcels than originally existed, the Director may waive the
requirement for a final parcel map and file the approved lot line adjustment.map
in the Community Development Department.
Upon acceptance of all certificates, guarantees, or other documents which may be-
required in conjunction with the lot line adjustment, the Community Development
? Director shall 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 the certificate(s) to be recorded in the office of the County
Recorder._ When a lot line adjustment is for the - purpose of correcting a survey
or recording error no improvement conditions may be required.
The Director's action may be appealed to the City .Council. Appeals must be
1 filed-in writing - with the City Clerk with ten calendar days of the action
being appealed. (See Section 9117 - Appeals) )
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the development. For the purposes of these regulations, stock cooperatives will
be subject to the same requirements as condominiums.
Street means a way for vehicular traffic, whether designated as a street,
highway, road, avenue, boulevard, lane, place, way or other name. "Street" does'
not include a path or alley.
Street tree means a tree in a public place, street, special easement, or
right -of -way adjoining a street.
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."
Subdivision shall have the meaning as defined in the Subdivision Map 'Act,
including any division for gift or token consideration. According to the
Subdivision Pap Act:
"Subdivision" means the division, by any subdivider, of
any unit or units of 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 except for leases of agricul-
tural land for agricultural purposes. 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 condo-
minium project, as defined in Section 1350 of the Civil Code, a
community apartment project, as defined in Section 11004 of the
Business and Professions Code, or the conversion of five or more
existing dwelling units to a stock cooperative, as defined in Section
11003.2 of the Business and Professions Code. Any conveyance of
land to a governmental agency, public entity or public utility shall
not be considered a division of land for purposes of computing the
number of parcels. As used in this section, "agricultural purposes"
means the cultivation of food or fiber or the grazing or pasturing
of livestock. - -
Subdivision Map Act means the Subdivision -Map Act of the State of California and
such revisions as may be made by the California legislature.
Subdivision Standards are the standards for design and construction of
subdivisions and the preparation of maps and documents, adopted by resolution by
the City Council.
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