HomeMy WebLinkAbout0218ORDINANCE NO. 218 (1962 Series)
AN ORDINANCE REGULATING THE DESIGN, IMPROVEMENT AND SURVEY DATA
OF SUBDIVISIONS AND CERTAIN OTHER DIVISIONS OF LAND AND THE FORM
AND CONTENT OF TENTATIVE, RECORD OF SURVEY AND FINAL MAPS THEREOF;
PROVIDING PENALTIES FOR THE VIOLATION.-HEREOF; AND DESIGNATING AN
ADVISORY AGENCY;,SAID ORDINANCE BEINGIADOPTED PURSUANT TO THE SUB-
DIVISION MAP ACT AS AMENDED, AND TO THE GENERAL POWERS OF THE CITY
OF SAN LUIS OBISPO, AND REPEALING.ARTICLE IX, CHAPTER 1 (SECTION
9100. - 9100.8). OF THE MUNICIPAL CODE, CITY OF SAN "LUIS OBISPO.
do BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That Chapter 1, Article IX, Sections 9100 through 9100.8 of the
Municipal Code are hereby repealed.
SECTION 2. The City Council of the City of San Luis Obispo, State of California,
inconformity with the provisions of the "Subdivision'Map Act" and the "Land Surveyers
Act" as now embodied in Ch. 2. Div. 4 of Pt. 2 and Ch. 15, Div. 3 of the Business and
Profession Code of California, there is hereby added to the San Luis Obispo Municipal'
Code Chapter 1, SUBDIVISIONS, of Article IX, consisting of the following section
9100 through 9100.13.
210
SECTION 9100 PURPOSE
1. For the purpose of promoting the public health,
safety, convenience and general welfare; the design, improvement and survey data
of subdivision; and the form and content of tentative, record of survey and final
maps thereof; and,the procedure to be followed in securing official approval thereof
shall be governed by the provisions of the aforesaid acts adopted by the Legislature
of the State of California, and by the additional provisions of this ordinance' and
shall comply with the provisions of the General Plan and - Zoning Ordinance.
4. 2. Further, it is the purpose of this ordinance to
encourage new concepts and innovations in the ar�;augement of building sites within
subdivisions. Deviations from the traditional raechanical.approach to the subdivision
of land are encouraged in order. to facilitate the ultimate development of the land
in a manner that will be commensurate with conter:porary living patterns and
technological prog ress.
(See Examples on following page.)
X E Y:
PARK, PL A YGROUND, OPEN AREA
rr APARTMENTS
SHOPPING
GHUR
3. The Planning Commission is hereby designated as the Ad-
visoryAgency with respect to subdivisions as provided in the Subdivision Map
Act of the State of California.
4. The Planning Commission shall have all the powers and
duties with respect to tentative and final maps and the procedure relating there-
to, which are specified by law and by this chapter.
5. There is hereby created a Subdivision Committee to consist
of the Chairman of the Planning Commission, the City Engineer and the Plan-
ning Director. Such committee shall have the powers and duties specified by
law and this chapter.
6. There is hereby created a Subdivision Review Board, to con-
sist of the Chairman of the Planning Commission or Planning Commission member
designated by him, the City Engineer, Planning Director, dater Superintendent,
Fire Chief and Director of Parks and Recreation. The Board shall have the pow-
ers and duties specified by this Chapter and be advisor to the Planning Commis-
sion.
9100.1 DEFINITIONS
1. "City Council" shall mean the Cite Council of the City of
San Luis Obispo, State of California.
2. "City .Engineer" shall mean. the Engineer of the aforesaid
Cite.
3. "City Street" shall mean any street, avenue, etc. accepted
by the City Council.
a. "Thoroughfare" is a street of general city-county importance,
which is a limited access street carrying major traffic through
several areas.
b. "Major Street" is any street which carries traffic between difs•
ferent areas of the city, and traffic entering from collector
streets.
c. "Collector Street" is a street which collects traffic from a sub-
division or area to a major street (sometimes referred to as a
Secondary Street) .
d. ''Minor Street" is that which is used primarily for access to
abutting properties.
3.
40 "City Planning Commission" shall mean the Planning Commission
of said City and the Advisory Agency referred to in the State Map Act.
5e "Average Cross Slope" The average cross slope of an area is
defined to be the ratio, expressed as a percentage, of the vertical difference in
elevation to the horizontal distance between two points on the perimeter of the
area, with the line connecting the two points being essentially perpendicular to
the contours between the two points. The Planning Commission shall have the
authority to determine the average cross slope of a subdivision, which may be an
area larger than the proposed subdivision, by measuring between two points on
the perimeter of a reasonable .area surrounding the subdivision when such area
has similar terrain; however, said area shall not exceed one -half of the area of
the proposed subdivision; and shall also be empowered to designate different
portions of any subdivision as having different cross slopes. In all cases the
cross slope of an area shall be determined prior to any grading operations
EXAMPLE I
Elevation
150'
v v
1000'
Perimeter Perimeter
150" , 15 15%
Average Crosse Slope - 1000'
EXAMPLE II
parcel
s
Perimeter
Elevation
156' parcel ,&
1300':
4-- 1000°
Perimeter
156'
Average Cross Slope - 1300 .12 = 12 %, Parcel A
_ 157'
1000' = 0156 - 1S.6%, Parcel B
55
6. "Design" refers to street alignment, grades and widths,
alignment and widths of easements and rights- of -way for drainage and
utilities, and lot area, width, depth, and shape and pattern as required in
this ordinance
7. "Easement" shall mean an easement dedicated to and ac-
cepted by the City, which shall be continuing and irrevocable unless
formally abandoned by the City.
8. "Final Map" refers to a map prepared in accordance with
this ordinance, which is designed to be placed on record. with the San
Luis Obispo County Recorder.
9. "I?rprovement" refers to such street work, drainage needs
and utilities, or other improvements to be .installed, cr agreed to be in-
stalled by the subdivider on the land to be used for public streets, highways,
ways and easements, as are necessary for the general use of the lot owners
in the subdivision and the surrounding area as a condition precedent to ap-
proval and acceptance of the final map thereof.
10. "Lot" shall mean a parcel of land estah- li.shed, or to be es-
tablished/by the Standard Subdivision Procedure, by Record of Survey or
Minor Subdivision Procedure, as provided herein.
11. "Lot Wid.thsAverage" - the sum of the length of the front and
rear lot line divided by two. In the case of irregularly- shaped lots having 4
or more` sides, "average lot width" shall be the sum of the length of two
lines, drawn perpendicular to one side line at the widest and narrowest por-
tions of the loft, divided by two
° 120 "Lot Depth�Average" - the sum of the length of the two side
lines of the lot divided by two
13. "Lot Depth" - the horizontal distance between the front and
rear lot lines, measured in the mean direction of the side lot lines
140 "Lot Line, Front" - in the case of an interior lot, a line
separating the lot from the street, and in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street, except
in those cases where the latest tract deed restrictions specify another line
as the front lot line.
15. "Lot Line, Rear" a lot line which is opposite and most dis-
tant from the front lot line and, in the case of an irregular, triangular or, gore-
_ shaped lot, a line within the lot, parallel. to and at the maximum distance
from the front lot line, having a length of at least ten (10) feet,
16. "Lot Lines, Side" - Any lot boundary line not a front lot line
or a rear lot line
50
17 a "Owner" is the individual, firm, partnership or corporation
having sufficient proprietary interest in the land sought to be subdivided to
commence and maintain proceedings to subdivide the same under the ordin-
ance.
18. "Record of Survey" shall mean any subdivision prepared,
filed and approved in accordance with state law and. Section 9100, 10 of this
ordinance.
19. "Standard Subdivision" shall mean any map prepared, filed
and approved in accordance with the state law and Section 9 100. 8 of this
ordinance.
20. "Subdivision, MAngr °" is any subdivision pf land into four
(4) or less lots, each under five (5) ac;res, in. any 5 year periods
21. "Subdivision" shall mean any real property improved or un-
improved, or portion thereof, shown can the 1958 -59 Assessment Roll of the
City as a unit or as contiguous units. °which is divided for the purpose of
sale or lease, whether immediate or €gtgre, by any person, firm gr.corpor-
ation, or their assigns, within any period. The following, however, are not
subdivisions within the meaning of this ordinance:
a. Leasing of story- i, off-ices, apartments or similar space
within buildings or spaces within a trailer park;.
bo Mineral, Oil or C-as Leases, cemeteries,
22. "Subdivider" shall mo,4p a person, :Lirm, corporation, partner-
ship or association who causes land to be subdivided into any amount of par-
cels.
23. "Tentative Map" shall mean any map made for the purpose of
showing the design of a proposed Subdivision or Record of Survey showing the
existing conditions in and around it, prepared as required in this ordinance.
SECTION 9100.2 REQUIREMENTS BY TYPE OF SUBDIVISION
Subdivision design and improvements shall be required as set out
in this , chaps
1 o Industrial Subdivisions:
a. Minimum lot area and width for industrial subdivisions
shall be as stipulated in the Zoning Ordinance, but not less than 10, 000 sq.
ft. and 80' of width
R1
bo Street Designs Street design shall be as set forth in
Section 9100.5.1 for industrial areas
co Improvements: All improvements shall be as set out
in Section 9100 , 5.2
d. Other regulations: All other regulations set out in
this ordinance shall be complied with in the development of Industrial Sub-
divisions.
2. Commercial Subdivisions:
a. Minimum lot area and width for commercial subdivisions
shall be 6000 sq. ft. and 50° in width, provided that the Planning Commission
may reduce the lot sizes not more than 50 %o when the total lot size and land
used for parking and, landscaping in undivided interest equals the required lot
size.
b. Street Design.: Street design shall be as set out in Sec-
tion 9100.5.1 for Commercial area
co Improvements: All. improvemcn.ts shall be as set out in
Section "9100.5.2
d. Other regulations: All other regulations set out in this
ordinance shall be complied with in the development; of Coni.mercial Subdivisions
3. Residential Subdivisions-.
a. Minimum Lot Area and. width. shall be as set fort -h in the
following table unless a greater lot size or width is stipulated in the Zoning
Ordinance, except where the lot size is reduced through the use of Section
910004 A or B herein. This table shall serve as the criterion for gross lot den-
sity requirements.
7.
TABLF- -F LOT AREAS, WIDTHS AND DEF -HS
Grading: Follow-
ing portion of the
-
Topography of
Area
Min .Area
Min.
Frontage
(l)
Aver,
Width.
Aver.
Depth
Ratio -Max.
Depth to
Width
ground surface
shall remain in
its natural state.
(no cut or fill) (2)
Flat
0.1010
Cross Slope
6,000
60'
60'
90'
2 -1/201
0%
Hillside
10 -15%
Cross Slope
8,500
70'
70'
120'
2 -1/201
20%
Steep Hill-
side
15 -20%
Cross Slope
12,000
80'
80'
130'
301
30%
Very Steep
Hillside
20-25%
Cross Slope
15,000
100°
100°
150'
1 -1
40%
Ver-
y Steep
Hillside
- 25-30%
Cross Slope
25, 000'
1201
120'
200'
3,�1
60%
Rugged.
30-35%
Cross Slope
1 Acre
150'
150'
225'
301
7010
Very Rugged
Above 35%
Cross Slope
2 Acres
2001
2001
300'
301
80%
(1) Width at front property line may be reduced by one - third, where the frontage
abuts the outside of jany sharp curve and by one -half on panhandle develop-
ment where topography exceeds 20% cross slope and not more than 1 lot is
served by the panhandle. Sharp curve - Center line radius of less than 100'
(2) Mass recontouring may be allowed when approved by the Planning Commis-
sion, provided that such contouring shall be planted or reforested to approval
of said Planning Commission.
RP
b.. 1. rovementse All design and imps ements shall be as
set forth in this Section - 9100.3, 9100.4 and 9 100. 5
c. Regulations: All other regulations set out in this Ordin-
ance shall be complied with in the development of Subdivisions.
Section 9100. 3 GENERAL DESIGN AND IMPROVEMENT STANDARDS
1 . I Blocks shall not be longer than 1, 200 feet between intersect-
ing street lines, except on Major Streets and thoroughfares where longer blocks
may be required. Lots with frontage on more than one street will not be permit-
ted, except corner lots, unless, because of topographic conditions and then only
upon approval of the Planning Commission and when access rights are released
on one street. A one foot non - access strip, in addition to other easements, shall
be dedicated to the City for the installation of a permanent wall, or fence when re-
quired by the Planning Commission."
2. Improved Walkways not less than 10° in width may be required
through blocks more than 9 00 feet in length and through other blocks where neces-
sary to provide access to schools, parks and scenic easements or lake .frontage.
*See Section 9100.3 (8) (e)
10
3. Easements not less than 5 feet wide shall be required on each side
of all lots and 10 feet wide at the rear of all lots where necessary for poles, wires,
drainage and water mains, or other utilities. The City Engineer may allow reduc-
tion of the width when in his opinion a lesser width is justified. All pole lines
shall be located in the rear except when \(otherwise approved by the Planning Com-
mission.
I � I
I I I I
i I
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1 �1.
4. Water Courses shall be shown as easements, and storm drains
shall be placed in easements., The Planning Commission or City Engineer may
require water courses to be placed entirely in underground conduits or adequate-
ly fenced or otherwise improved.
5. Durable metal monuments consisting of iron pipes approved by the
City Engineer shall be installed or referenced to the following locations:
a. Boundary corners
b. At intervals of not more than 500 feet along boundary lines
c. At the beginning and ending of property line curves or P. 1 o at
discretion of City Engineer
d. Lot corners
10.
1 8
11
1 1
1 1
0 1
a
1 �
0 e
1 �1.
4. Water Courses shall be shown as easements, and storm drains
shall be placed in easements., The Planning Commission or City Engineer may
require water courses to be placed entirely in underground conduits or adequate-
ly fenced or otherwise improved.
5. Durable metal monuments consisting of iron pipes approved by the
City Engineer shall be installed or referenced to the following locations:
a. Boundary corners
b. At intervals of not more than 500 feet along boundary lines
c. At the beginning and ending of property line curves or P. 1 o at
discretion of City Engineer
d. Lot corners
10.
Standard monuments shall be placed along the center lines of public streets
and alleys as follows. All intersections, all P e1 °s or beginning and ending
of curves.
6. All lots shall abut on a street; unless approved as a "deep
lot" subdivision by the Planning Commission, as provided in Section 9200.16
of the San Luis Obispo Municipal Code
7. Building Setbacks shall be required at least as great as the
applicable zoning requirements
8. Roads and Streets
a. Existing streets shall be continued as required by the
Planning Commission.
b. Street stubs shall be required to adjacent unsubdivided
property where, in the opinion of the Planning Commission, they are necessary.
co Streets shall .intersect at as near right angles as is prac.a
ticable o Radius of curvature, where the propefty lines intersect, shall be a
minimum of twenty (20) .feet.
EXPRESSWAY
1 Foot Strip
Cd)
Subdivision Street
1.1
N-
r
a
d. "T" or three -way intersections are preferable to four -way
intersections, but may not be located closer than 150° to any other intersection.
e. Reserve strips, where required to control access over
certain lot lines or over the ends of street stubs, shall be dedicated to the City.
f. Alleys may be required to be constructed in industrial,
commercial and in multiple family areas where necessary to control access to
thoroughfares and major streets.
g. Cul -de -sac streets shall have the following limiting di-
mensions:
40° Minimum Radius to Property Line on streets in hillside areas
50° Minimum Radius to Property Line on all other streets
500° Maximum Length
Longer ul-de sac ., ay be allow ,d
when c 1-�de- ac .se ves 12 or 1 ss
1 is .
30° Minimum Radius to curb, Hillside Area
40° Minimum Radius to curb, Flat Area
h. Names for proposed new streets shall be submitted on the
tentative map.
i. Streets, rights -of -way and easements in any Standard Sub-
division or Record of Survey Subdivision shall be offered for dedication. The
City may, at its option, accept or reject any such offer.
j. Streets shall conform, as to alignment and width to the of-
ficial Master Plan for Streets and Highways of the City.
12.
9. Curve Radius
Minimum center line radius on streets shall be:
Major Streets 500 feet
Collector Streets 250 feet
Flat and Hillside, Minor 100 feet
Steep Hillside, Minor 75 feet
10. Grades
Maximum permitted, 15 per cent*
Normal minimum permitted, 1 per cent**
Maximum grade permitted on 'switchbacks' or curves
with a radius of less than 200 feet shall not
exceed 5 per cent.
* Where topography makes it necessary, grades of not more than 20% may be
allowed for distances not to exceed 400' from PI to PI of vertical curve,
when approved by City Engineer.
**Absolute minimum permitted, .3 per cent, when approved by City Engineer.
SECTION 9100.4 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS
1. Where a subdivider by written affirmation signifies his intent
to enhance the livability and appearance of his proposed subdivision by using
new concepts in the arrangement of lots, circulation pattern to serve such lots
and by providing permanent Open Space within the neighborhoods in the proposed
subdivision, and by providing appropriate means of access to parks, schools,
shopping centers and other uses, he may use one of the following procedures:
A. Improved Design based on density control and better
community environment: The standards set out in Section 9100.2 may be varied
only when gross density of an area is not increased more than 107., and where
said design has the approval of the Planning Commission and where in the opinion
of the Planning Commission (or on appeal to the City Council) said deviation
will:
1. Produce a more desirable and livable community than
the minimum requirements herein.
2. Create better community environment through dedica-
tion of public areas, or setting out permanent scenic easements or Open Spaces;
rearrangement of lot sizes, reforestation of barren areas.
3. Reduce the danger of erosion.
4. Reduce the area and unsightliness of cut and fill banks.
13.
As an incentive to creating better overall communities, the
Planning Commission may authorize deviations of up to 25% reduction in lot size
but with no more than 1010 increase in density in the overall development. Said
Planning Commission may authorize similar deviations from other.- standards here-
in, where said deviations are for the purposes outlined above.
Before any deviation based on improved design shall be
authorized it shall be passed by not less than a two- thirds vote of the total mem�-
bership of the Planning Commission, upon a finding that the variation as author-
ized will result in a community which is a substantial improvement over the com-
munity which could have been developed by following the requirements set out in
Section 9100. 2.
B. Improved design based on formula for per-
manent a l t o cation of Op en Spa c e o- Where a subdivider by written of -•
firmation of such intent elects to enhance the appearance and livability of his
proposed subdivision by including permanent Open Space Wtherein, he may re-
duce the lot sizes, set out in Section 9100. 2, in his proposed subdivision, pro-
vided that he shall be governed as to minimum Open Space requirements by the
following table:
(1) To be held by the City in fee title, scenic easement instrument acceptable
(i.e. restriction on development rights) . In applying the aforementioned
table, no reduction in the minimum amount of Open Space referred in any
subdivision may be permitted due to lot sizes in the subdivision which may
be larger than those covered in said table.
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9100.0
SECTION S TREET DESIGN
S �
All rights -of -way to contain slope or provide slope easement. Parkways or Integral
curb and sidewalk optional on approval of Planning Commission.
Type of Street and
Flat Areas (0 -10% Cross Slope)
Hillside Areas (10 -15% Cross Slope)
Adjacent Land Use
Cross Section, any lot
Cross Section for Lot Size 8500 Square
Feet and above
MINOR
Residential
7
6
36e
56'
' 6 6•
—30'
5 0'
MINOR
6 10,
6� 10
Commercial,
_ 40•
40'
Industrial
6 0'
60
COLLECTOR
Residential Commercial
Residential
Industrial
COLLECTOR
6� 106�
10'
Commercial
Industrial
44
44.`
64
64'
Industrial Commercial
Industrial Commercial
MAJOR
Residential
6 ' 10!
077
1!!--77, 10�
Commercial
64'
4!
Industrial
84'
76' 84
Residential Commercial
Residential Commercial
Industrial
Industrial
THOROUGHFARE
6' 16 ! O
All Areas
80'
100'
.6 6� 6 10,
64: 28
Res. - In 152 — Commercial
MAJOR
Minimum
6�
I '
Developed
Areas Only
60'
60,
72' 76'
72' 76'
Residential Commercial
Residential Commercial
Industrial
Industrial
SECTION 9100.E TREET DESIGN (Continued)
All rights -of -way to contain slope or provide slope easement. Parkways or integral
curb and sidewalk optional on approval of Planning Commission.
Type of Street and
Adjacent Land Use
STEEP HILLSIDE AREAS (15% to 20% Cross Slop
Cross Sections for lot sizes between 12, 000
VERY STEEP OR RUGGED AREAS (Above 20%
Cross Slope)
and 15, 000 square feet.
Cross Sections for lot size over 15, 000
square feet.
7
'
MINOR
Residential
6' 6' 4
30'
8'
26'
50'
50'
Parking Bays must be required
in R/W
COLLECTOR
Residential
6' 10'
40
6' 10'
40.
MINOR
Commercial &
Industrial
52' 60'
Residential Commercial
52' 60'
Residential Commercial
Industrial
Industrial
COLLECTOR
Commercial,
Industrial
6' 10'
4 4'
3 6'
64'
56'
Industrial Commercial
Industrial
MAJOR _—
Residential,
Neighborhood
2' 2
,
2 2'
Commercial
60'
60'
7 2'
7 2'
commercial
Industrial
6 .10
60'
2
6
6
72'
Industrial Commercial
Industrial Commercial
SECTION 91000 5 SPECIFIC STREET DESIGN AND IMPROVEMENTS
Street design. shall conform to the City of San Luis Obispo °s
Engineering Standards, and to the requirements set in the following sections
a. Where side slopes of street embankments extend onto
private property, slope easements shall. be required.
b. Minimum right -of -way width for alleys in commercial and
industrial areas shall be 30° with 301 of paving. Multiple family areas;R /W 24 °0
P.W. 24'
SECTION 9100 05.1. STREET .DESIGN
t
16.
SECTION 9100.5.2 IMPROVEMENT
All improvements shall conform to the City of San Luis Obispo's
"Standard Improvement Specifications" as adopted by the City Council. Any
deviation shall be only with the written approval of the City Engineer.
1. Improvements to be installed by each subdivider shall
include the following:
a. Curb, gutter, sidewalk and walkways (or parking bays
where required) .
b. Water lines, gas and other utility services to serve
each lot and stubbed to back of curb.
c. Fire hydrants.
d. Sanitary sewers and laterals to serve each lot and
, stubbed to paving line prior to paving.
e. Storm sewers, drains and channel improvements.
f. Slope planting, silt basins or other forms of erosion
control.
g. Paved streets.
h. Ornamental street lights.
i. Street trees (Average 2 per lot or an average spacing of
35 feet whichever gives the greater number of trees.)
J. Street signs at locations approved by the City Engineer.
k. Stop signs.
1. Other traffic control signs required by the City Engineer.
2. The following off -site improvements may be required:
a. The development of a domestic water supply, including
storage facilities, or financial contributions for the
improvement of any existing source of supply and the
construction of transmission lines from that supply to
the proposed development.
19.
bo The development of sewage disposal facilities or
financial, contributions for the improvement of any
existing sewage disposal systems and the con-
struction of transmission lines from the proposed
improvements to the site of disposal
co All necessary facilities for the transmission of
stormwater from the proposed improvement to the
nearest major and adequate storm drainage channel
or facility ,,or financial contribution for the improve-
ment thereof.
do Properly graded, drained and paved access roads.
e o The extension of other utilities.
3. In addition to all other requirements herein,.
ao Improvement �Aror.k, including grading, shall not be
commenced until improvement plans for such work
have been submitted to and approved by the City
Engir!eero
b. All improvements shall be constructed under the in-,
specti.on of, and to the satisfaction of the City
Engineer.
co Cost of inspection shall be borne by the subdivider
and shall amount to 3% of the estimated construction
costs of the improvements to be dedicated, as estab-
lished by a preliminary cost estimate approved by the
City Engineer. Reimbursement: shall be made to the
developer if cost of inspection is Less than amount
deposited
SECTION 9100.6 DEVIATION FROM REQUIREMENTS
VARIANCES BASED ON HARDSHIP. It is realized that there
are certain parcels of land of such dimension, subject to such title restrictions,
so affected by physical conditions and/or devoted to such use that it is impossi-
ble for the subdivider to conform to all of the foregoing requirements when subdi-
viding property.
1. The Planning Commission (or on appeal the City Council)
may grant variances from the foregoing requirements, when all the following con-
ditions are found to apply:
i
a. That any variance granted shall be subject to
such conditions as will assure that the adjust-
ment thereby authorized shall not constitute a
grant of special privilege inconsistant with the
limitations upon other properties in the same
vicinity.
b. That because of special circumstances applicable
to the subject property, including size, shape,
topography, location or surroundings, the strict
literal application of this ordinance is found to
deprive subject property of privileges enjoyed by
other properties in the vicinity.
C. That under the circumstances of this particular
case the variance, rather than the sections at
issue in this ordinance, actually carries out the
spirit and intent of this ordinance.
SECTION 9100.7 TYPE OF SUBDIVISION
1. Whether the Standard Subdivision (Sec. 9100.8) or Minor
Subdivision (Sec. 9100.10) or Record of Survey procedure shall be used in sub-
dividing property shall be determined as hereinafter provided.
A. CASE I.
All proposed lots abut an existing state highway,
county road or city street, and the only new roads which may be required are
stubs for future development.
1. Four or less lots in a five year period - The
Minor Subdivision Procedure shall be used.
2. Five or more lots - Either the Record of Survey
or Standard Subdivision Procedure shall be used
where each of the lots contains 2 -1/2 acres or
more.
B. CASE II.
All proposed lots abut existing city streets, county
road or will abut proposed new city streets within the subdivision.
1. Four or less lots in a five year period - The
Minor Subdivision Procedure shall be used.
21.
2. Four or less lots - Where the owner or sub-
divider wishes to dedicate and improve a city
street from which to sell building sites from
time to time at later dates, a Record of Survey
Map shall be required.
3. Five or more lots - The Standard Subdivision
Procedure shall be used on all subdivisions
where any lot is less than 2 -1/2 acres.
4. Five or more lots - Either the Record of Survey
or Standard Subdivision Procedure shall be used
for lots above 2 -1/2 acres.
SECTION 9100.8 STANDARD SUBDIVISION PROCEDURE
1. This procedure shall apply to all subdivisions, parts
of subdivisions or any division of land, except as set out in Section 9100.1,
Paragraph 21, a and b.
2. Prior to the filing of a tentative map of a subdivision
a tract number shall be obtained from the County Surveyor.
3. Tentative Map. Data Required and Design.
The initial action in connection with the making of a
subdivision shall be the preparation of a tentative map or maps, which shall
comply with Section 9100.2 as to design, and shall include the following data:
a. A sketch at a minimum scale of 1" - 1000' indicat-
ing the location of the proposed subdivision in
relation to the surrounding area or region. Show
land use in surrounding area. All to be on the
tentative map.
b. Name and address of record owner and subdivider.
c. Name and address of surveyor or engineer, or per-
son who prepared said tentative map.
d. Date, north point (generally up on the map) and
scale. Minimum scale 1" - 100'. Minimum map size
18" x 27".
e. Names of all adjacent subdivisions; location of,
names and width of adjacent streets, highways,
alleys and ways, together with the type and loca-
tion of street improvements thereon.
22.
f. The contour of the land at intervals of not more
than two (2) feet if the .general- slope of the land
is less than ten (10) per cent or of not more than
five (5),feet if the general slope of the land is
greater than ten (10) per cent.
g. Sufficient data to define the boundaries of the
tract, or a legal description of the tract and blue
border on reverse side of map to indicate tract
boundaries
h. Width, approximate location and purpose of all
existing and proposed e4.,qements.,,, togrether with-----,
IiiXI-d-in—g iin�d!,__� �s�_-_ri7st 6ns --api-ili.cal—ilre _,thereto.!,
i. The width and approximate grade of all streets,
highways, alleys and other rights-of-way proposed
for dedication or not
j. The approximate radii. of all curves.
k. All. lots numbered,- the approximate dimensions of
all lots,- lot areas shall be shown for all lots not
rectangular in shape.
1. The approximate locations of areas subject to inun-
dation by storm water overflow, and the location,
width and direction, of flow of all water courses ex-
isting and proposed.
m. The location and outline to scale of each building,
or structure within the subdivision, noting thereon
whether or not such building or structure is to be
removed from or remain in the, development of the
subdivision, its future use
n. Show approximate elevation at street intersections.
o. The location, pipe size and approximate grades of
proposed sewers, water line and underground storm
drains, including the proposed location of fire hy-
drants and street lights.
p. The location of all trees over 4" in diameter (where
stands of trees are located individual trees need not
be shown, but as a group).
23.
q, The location of existing fences, wells, cesspools,
sewers, culverts, drain pipes, underground strucl-
tures or sand, gravel or other excavation within
two hundred (200) feet of any portion of the subdi-
vision, noting thereon whether they are to be aban-
doned or used.
4. Accompanying the tentative ir_ap shall be statements by
the subdivider as follows:
a. Statement as to existing zoning and as to proposed
use.
bo Statement as to intention of subdivider in regard to
slope planting, erosion control and improvements
to be constructed by him, as required in Section
9100.2 and other laws of the City.
co Statement as to fron-, Bard fleprhs and builling
lines
d. Proposed source of supply and sewage dispos-
al, indicating whether or not Section9100.5.2can be
complied with
e.o Type of tree planting proposed. (taken from official tree
list)
f. Proposed public areas to be dedicated or scenic ease-
ments proposed°
g. Statement as to development of lots (whether for sale
as lots or fully developed house and lot)
5. A copy of any condition, restrictive reservation or coven-
ant existing or proposed shall be attached to the above statement.
6. Tentative Map. Completeness and Filing
a. A tentative map shall be considered complete for the
consideration of the City Planning Commission when
maps or sketches have been submitted. If the tract
is a portion of a larger area which may be subdivided
later, the tentative map should roughly indicate the
ultimate plan for the whole
240
b, Twelve (1.2) copies of a tentative map, and statement
of the proposed subdivision of any land shall be pre-
sented to the Planning Director at least fifteen (15)
days prior to the Subdivision Review Board meeting,
at which the map will be formally filed, together with
a fee of thirty dollars ($30. 00), plus one dollar per
lot paid to the City Clerk to cover the cost of check-
ing.
7. Tentative Map. Subdivision Review Board Approval.
All tentative maps shall be reviewed by the Subdivision
Review Board prior to filing any tentative map with the Planning Commission.
Said Board shall meet with the subdivider or his representative within ten days
after the submission of the tentative map, as required in this chapter.
A. Said Board shall determine the following.-
1. The completeness and accuracy of the tentative
maps and ancillary reports and the suitability of the land for purposes of subdi-
visions.
2. Over -all design of the subdivision, and conform-
ity with all pertinent requirements of this chapter and other laws and plans of
the City.
3. Provisions for and suitability of street improve-
ments, underground utilities, fire hydrants, ornamental electroliers, storm drains,
streets, trees, sidewalks, including adequacy of the water supply, sewage dis-
posal and easements for utilities and drainage
4. Provision for public areas including parks, schools,
public utility facilities, etc.
B. The Subdivision Board shall review the tentative map
for compliance with this chapter and State Law. If any portion of the subdivision
is in conflict with any of the requirements, then the Subdivision Board shall in-
form the subdivider of such conflicts.
C. The Subdivision Board may deem it advisable to recom-
mend additional improvements, easements, dedications, etc. to be included,
wherein the subdivider shall be duly informed of the nature of the recommendation
at the time of said Board meeting.
D. If, after analysis, it is found that the subdivision re-
quires a significant amount of correction before said Board, deems it acceptable
to bring it before the Planning Commission, the Board may require the subdivider
to make the changes and reappear before said Board for further study.
25.
E. Appeal If- the subdivider .feels the Subdivision Board
has imposed requirements not acceptable to the subdivider, he may request ap-
proval by the Planning Commission, In such a case the subdivider shall make
known his intentions to said Board, whereupon the subdivision shall be placed
on the Planning Commission agenda
F. ,Report. The Subdivision Review Board shall make re-
port on its determinations to the Planning Commission, and the City Council in
relation to Section_ 91000"8(7) (A) .
8. Tentative Map. Action by Planning Commission.
a. Actual filing of the map shall be deemed to be at the next
open agenda of the Planning Commission meeting following
the meeting of the Subdivision Review Board. The subdi-
vider shall file seven (7) copies of the revised tentative
map and a transparency of 7" x 10_.1/2" � The Planning
Commission shall act on. any tentative map within 30 days
of the date of filing unless this time period is extended by
mutual consent of the subdivider and the Planning Commis-
sion. Failure of the Planning Commission to act within the
time limits prescribed shall be deemed approval of the ten-
tative map
bo The Planning Commission shall determine whether a tenta-
tive map is in conformity with the provisions of law and of
this ordinance and upon that basis approve, conditionally
approve, or disapprove said map, and shall report such
action directly to the subdivider, and shall also transmit
to the City Council a ccpy of the tentative map and a copy
of the resolution, setting forth the action of the commission
thereon.
ca The Planning Commission may also disapprove a tentative
map because of flood and inundation hazards or slide areas
and recommend protective improvements to be constructed
as a condition precedent to approval of the map, A copy of
the map and record of the action of the Planning Commission
shall be forwarded to the City Council.
9. Tentative Maps. Appeal
a< if the subdivider or other affected property owner is dis-
satisfied with any action of the Planning Commission
with respect tc the tentative map, or the nature and ex-
tent of improvements recommended, he may, within 15
260
days after such action, appeal to the Cite Council
for a public hearing thereon. The City Council shall
hear the appeal, upon notice to the subdivider and
the Planning Commission, unless the subdivider con-
sents to a continuance, at its next succeeding regular
meeting. At the hearing the City Council shall hear
such testimony as the subdividerlor Planning Commis-
sion, or their respective witnesse's or other competent
persons may present.
b. Upon conclusion of the hearing the City Council shall
within thirty days declare its findings based upon the
testimony produced before it. It may sustain, modify,
reject or overrule any recommendations or rulings of
the, Planning Commission and may make such findings
as are not inconsistent with the provisions of this or-
dinance
10. Improvement Plans
After, the approval by the Planning Commission of the ten -
tative map of any subdivision, the subdivider shall furnish the following infor-
mation to the City Engineer and shall receive au�hori zw i.on of the City Council
and City Engineer before s -ubmis sign of the final. map.
a. A grading plan consisting of typical cross sections and
final finished grades of all lots, roads, streets and
highways in the proposed new subdivision, together
with a profile shoeing the relationship between finish
grades and existing center line grades.
b. Complete plans and specifications, including elevations
and grades of all utilities, streets, for any pipe culverts,
drainage ways or structures necessary for drainage, ero-
sion or public safety.
co Estimated costs of improvements to be dedicated to the
City or other public agency. The cost of estimate shall
include 10% contingency
d. Any other pertinent information required by the condi-
tional approval. of the Planning Commission or by the
City Council, and City Engineer.
27.
'SE,CTION 9100 0 9 FINAL MAP
1, Time Limit
a. Within one year after approval or conditional ap-
proval of the tentative map or maps, the subdivider
may cause the subdivision or any part thereof, to
be surveyed and a final, map to be prepared in. ac-
cordance with the tentative map as approved, or
conditionally approved. Streets and easements need-
ed for access to any such part shall be provided on
or with the final map
bo Upon application of the subdivider an extension of
not exceeding one year may be granted by the City
Council
c. Any failure to record a final ;neap within one year from
the approval or conditional approval of the tentative
map, or any extension thereof granted by the govern-
ing body, shall terminate all proceedings . Before a
final snap may thereafter, be recorded, a new tentative
map shall be submitted.
2 o Final Map Form
a o The final plan or, map shall be shade to a scale large
enough to show the details clearly, minimum scale
of 100 feet to the inch or larger, using more than one
sheet if necessary to furnish the desired space. The
original shall be drawn in black ink upon tracing
cloth of good quality and the size of the sheets shall
be 18" x 27 ", all sheets shall have 2" on left border
and 1" on all other borders.
b. Each sheet shall be numbered, the relation of one sheet
to another clearly shown, and the number of sheets
used in the map shall be set forth in the title of said
map. If more than one sheet is necessary, an index
map shall be required°
c. The title of each such final map shall consist of a
tract number and name, if any, conspicuously placed
at the lower right -hand corner of the sheet followed by
the words, "consisting of sheets" (showing the
number thereof), followed by the words, "Lying within
the City of San Luis Obispo".
280
d. The title sheet shall also cont 9i.n a sub -title giving a
general description of the property being subdivided
by reference to maps which have been previously re-
corded or by reference to the plat of any U. S.. survey.
Each reference in such description, to any tract or
subdivision, shall be spelled out and worded i'dentic'al-
ly with the original record thereof and references to
book and page of record must be complete.
3. . Final Map. Data Required,
The final map shall show the following:
a. - Boundaries and Streets. The exterior boundaries of the
property (shown in blue), the border lines and center
lines of all proposed streets and alleys with their-
widths and names, arsy other portions intended to be
dedicated to the public use. In case of branching streets,
the line of departure from one street to another shall be
indicated .
b. Adjacent Streets. The lines of all adjoining properties;
the lines of adjacent streets and alleys, showing their
.widths and names.
c. Lot Lines and Numbers. All lot lines, and numbers for
all lots, front yard liries, easements and their _purpo_ses.._
All lots are to be numbered consecutively throughout the
subdivision, starting with the No. 1.
d. Dimensions. All dimensions, both linear and angular,
for locating boundaries of subdivisions, lots, street and
alley lines, easements and building lines. The linear
dimensions shall be expressed in feet and hundredths
of a foot.
e. Monuments. All permanent monuments, together with
their descriptions showing fully and clearly their loca-
tion and size, and if any points were reset by ties, that
fact shall be stated.
f. Title and Description. Title and description of property
being subdivided, showing its location and extent, points
of compass, scale of plan, basis of bearing and name of
subdivider and of engineer or surveyor platting the tract.
29
g. The boundaries of any areas within the proposed sub-
division which are subject to periodic inundation by
water.
h. Private Restrictions. Any private restrictions shall be
shown on the plat or reference to them thereon; and
the plats shall contain proper acknowledgment of own-
ers and mortgagees accepting said platting and restric-
tions.
i . City Boundaries. City boundaries which adjoin the
subdivision shall be clearly designated and located
in relation to adjacent lot or block lines. No lot shall
be divided by a city boundary line.
4. Additional Material.
the final map:
The following additional material shall be submitted with
a. Traverse Sheets.. The subdivider shall furnish the City
Engineer, traverse sheets prepared by a registered civil
engineer or licensed surveyor, showing the mathemati-
cal closure within one foot to 25, 000 feet of perimeter
of the exterior boundary of the tract and of each block
within the tract and each irregular lot.
b. Guarantee of Title. The subdivider shall furnish to the
City Council a guaranty of Title or letter from a compe-
tent title company, certifying that the names of all per-
sons whose consent is necessary to pass a clear title
to the land being subdivided and all acknowledgments
thereto appear on the proper certificates and are correct-
ly shown on said map, both as to consents as to the
making thereof and affidavits of dedication where neces-
sary. Such guaranty shall be issued for the benefit of
the City of San Luis Obispo and protection of the City
Council and shall be continued complete up to the instant
of recording.
c. Improvement Agreement. The subdivider shall file an
agreement for all improvements as herein required, and
as may be further required by the City Council or by law,
and shall secure the performance thereof by a good and
sufficient surety bond executed by a responsible surety
company to be approved by said Council, or an instrument
of credit approved by said City Council; or in lieu of such
surety bond or instrument of credit a cash deposit, which
bond, instrument of credit or cash deposit shall be in an
amount equal to the cost of the improvement _as estimated
30.
by the City Engineer or by the City Council, provided
however, that the subdivider may, at his option, in
lieu of such agreement and bond or cash deposit, enter
into a contract with the City Council, secured by a
faithful performance bond or cash deposit in the manner
and condition as provided by Section 1 l 612 of the
Business and Professions Code of California and all
other laws applicable thereto.
d. Taxes. Prior to the filing of the Final Map the subdi-
vider shall file with the Clerk of the County of San
Luis Obispo a certificate from the official computing
redemptions in San Luis Obispo County and in the City
of San Luis Obispo, showing that according to the re-
cords of his office there are no liens against the subdivi-
sion or any part thereof for unpaid State, County, Muni-
cipal or local taxes or special assessments collected as
taxes., except taxes or special assessments not yet pay-
able
As to taxes or special assessments collected as taxes not yet
payable, the subdivider shall file with the. Clerk of the County of San Luis
Obispo a certificate by each proper officer giving his estimate of the amount
of taxes and assessments which. are a lien but which are not yet payable.
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 Supervisors a good and sufficient bond to be approved
by the Board and by its terms made to inure to the benefit of the County 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 negotiable bonds in the amount,
and of the kind approved for securing deposits of public money.
5. Action on Final Map
a. Completion. A Final Map shall be considered complete
for filing when it complies with the previous section
and is accompanied with the statements, agreements,
cash and /or bonds required.
b. . Filing. The subdivider shall file the following with the
City Clerk:
31.
1, Two blueline copies, and a,. �7A x 10 -1/2" transparency
of the Final Map; boundary traverse map, approved; im-
provement plans; and a checking fee of thirty dollars
($30000), plus two dollars per lot, for such detailed ex-
amination of Final Maps and field checking as may be
necessary for the City Engineer to make his required cer-
tification. Said map shall be accompanied by traverse
sheets and work sheets showing the closure within allow-
able limits of the exterior boundaries and of each irregular
block and lot.
2. Title guarantee, deed restrictions, improvement agreement
and bond with the City Clerk, if not previously filed.
c. Department Approvals. The following functions shall be acted
upon within 20 days after filing
1. The City Engineer shall examine the final map. if he shall
determine that the surveys are correct and that said map is
.technically correct, substantially conforms to the tentative
map and any approved alteration thereof, and to the provi-
sions of this ordinance and the state law, he shall so certi-
fy on said map and transmit the same to the City Clerk. If
he shall find that full conformity has not been made, he shall
so advise the subdivider and afford him an opportunity to make
the necessary changes.
2. The Secretary of the ]Manning Commission shall examine the
final map. if he shall determine that the map substantially:
conforms to the approved tentative map, he shall so certify
on said map.
3. When filing is completed and approved as outlined, the City
Clerk shall transmit the following as provided by the subdi-
vider: An original linen, 1 duplicate cloth tracing and 1
duplicate transparency on vellum suitable for reproduction
with all. accompanying statements, agreements, cash and /or
bonds required (and the recording fee) to the City Council
for consideration.
d. Approval by City Council
Upon, presentation of the above material by the City Clerk, as
aforesaid., 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 or require dedication of all
proposed streets. an the event that improvements are required
32.
under the terms of this ordinance or by law, the City
Council shall approve a contract with the subdivider
for posting a bond or cash deposit as provided here-
in. In such case, when the agreement and bond or
cash deposit have been approved by the City Attorney
as to form, and by the City Engineer or City Council
as to sufficiency, the City Council may consider the
final map
After the City Council shall determine that said map
is in conformity to the requirements of this ordinance,
it 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, it
shall disapprove said map, specifying reasons therefor
and advising the subdivider of such disapproval. With-
in ninety (9 0) days thereafter the subdivider shall file
with the City Engineer a map altered to meet with ap-
proval of the City Council and shall conform with the
procedures specified herein
6. Recording
The C?,ty Clerk, after approval by the City Council and
after signatures and seals have been affixed, shall transmit the final map and
duplicate cloth tracings, accompanied by the necessary recording fee, to the
County Recorder. No map shall have any force or effect until it has been approv-
ed by the City Council and no title to any property described in any offer of dedi-
cation shall pass until recordation of the final. map
SECTION 91000 10 MINOR. SUBDIVISION 11 `
to Where required by Section 91K.1 Y "erein, Minor Subdi-
vision Maps shall be prepared and filed with the Planning Director, together with
a filing fee of $10. 00i as follows:
a. Design and Improvements. Division of property by
this section shall, be governed as to Design by Sec-
tions 9100 0 2 - 9100 0 3 herein; and may be governed
as to improvements by Section 9100.5 herein
bo Minor Subdivision Map Informaticno A legible ten-
tative map drawn to scale and. j�� x 10 -1/2" in size
on tracing paper shal.l. be prepared showing-,
330
,n
1 o Name, address and phone number of person
filing map
2. Name and legal designation of tract or grant
in which the subdivision is located and ties
to adjoining streets
3. Any other data necessary for the intelligent
interpretation of the various items and loca-
tion of the points, lines and areas shown,
including: Elevations where topography is a
vital factor; center lines of important water
courses, areas subject to flood., roads (accur-
ately located), existing structures, and dimen-
sions
c. Statements. Accompanying the tentative map shall
be statements by the subdivider as to drainage, sur-
facing or other required improvements to be construc-
ted by him, and whether, proposed roads, widenings
or street openings are offered for dedication.
2. Filing and Action on Minor Subdivision Map
a. A statement regarding proposed improvements, and
one reproducible tracing of the map shall be filed
with the Planning Director at least three days prior
to the time at which action is expected. He shall
immediately transmit a copy of said map to each mem-
ber of the Subdivision Committee and, if advisable, to
each public utility serving the general area of the pro-
posed minor subdivision.
If the City Engineer finds compliance with applicable
sections and the Minor Subdivision Map to be
technically correct, he shall endorse a statement on
it attesting to his examination thereof, and shall pre-
sent it to the Subdivision Committee for approval
Otherwise, he shall return it to the person who pre-
sented it, together with a written statement of the
changes necessary to make it conform to the require-
ments of this ordinance
Any utility company concerned may make a report to
the Committee as to the adequacy of the proposed
easements
340
•
b. The Subdivision Committee. The Subdivision Committee
shall determine whether the Minor Subdivision Map is
in conformity with provisions of law and this ordinance
as to design, drainage, road improvements and offers
of dedication or deed. Upon this basis they shall, with-
in 15 days: Approve; conditionally approve; or disapprove.
The Committee shall report such action in writing to the
subdivider. Any such approved map shall be recorded by
the applicant.
C. 1. Extension of Time.
The time limits for acting and reporting on a Minor
Subdivision, as provided in this Ordinance, may be
extended upon mutual consent in writing of the person
filing the map and the Subdivision Committee.
2. Appeal from the Action of the Subdivision Committee
by applicant or any affected property owner roust be
made to the City Council in writing within 5 days
from date of action of the Committee.
3. City Council Action on Appeal. from Action - Minor Subdivision
Map .
The City Council shall. render its decision on any appeal with-
in 30 days after filing thereof. If the City Council fails to act within the pre-
scribed 30 days, the action of the Committee shall be deemed as final, unless
this time period is extended by mutual consent of the subdivider and the City
Council.
4. Limitation of Approval.
The approval or conditional approval of such map shall be valid
for a period of one (1) year from the date of the final action thereon. Such approv-
al or conditional approval may be extended for a period not to exceed one (1) ad-
ditional year period by the Subdivision Committee upon written request, providing
such request is made prior to the expiration of the one (1) year approval or condi-
tional approval period.
5. Exceptions.
This Article shall not apply to any parcel not conformiRg,,.to the
provisions of this Ordinance for which a deed is of record or for which a contract
of sale was in full force and effect and recorded prior to the 1958 -1959 asswss-
ment roll of the City, nor to any land dedicated for cemetery purposes under the
Health and Safety Code of the State of California.
35.
6. Subdivision Alternate.
Nothing contained in this Article shall prevent any
owner from processing.a Division of Land as a subdivision.
7. Enforcement.
No building shall be constructed nor shall a permit
for the construction of a building be issued, nor shall any portion of any
parcel be used when not conforming to this Article.
SECTION 9100.11 PENALTY.
Any offer to sell or contract to sell, or any sale contrary
to the provisions of this Chapter shall be a misdemeanor, and any person, firm,
corporation, .partnership or co- partnership, upon conviction thereof, shall be
punishable as provided in Section 1200, except that nothing herein contained
shall be deemed to bar any legal, equitable, or summary remedy to which the
City of San Luis Obispo or other political subdivision or 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, partnership or co- partnership may file an action 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 Chapter.
SECTION 9100.12 NAME.
This ordinance shall be known as the SUBDIVISION ORDINANCE
OF THE CITY OF SAN LUIS OBISPO.
SECTION 9100.13 SEVERABILITY
If any section, sub - section, paragraph, sub - paragraph,
sentence, clause or phrase of this ordinance is for any reason held to be in-
valid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality�.,of the remaining portions of this
ordinance and this City Council does hereby expressly declare that this
ordinance and each section, sub - section, paragraph, sub - paragraph, sentence,
clause and phrase thereof would have been adopted irrespective of the fact
that any one or more of such section, sub - section, paragraph, sub - paragraph,
sentence, clause or phrase be declared invalid or unconstitutional.
36.
r
i"
SECTION 3. This ordinance, together with the ayes and noes, shall be published
once in full, at least three days before its final passage, in the Telegram-Tribune,
a newspaper published and circulated in said City, and the same shall go into effect
at the expiration of thirty days after its final passage.
INTRODUCED AND PASSED TO PRINT this 13th day of February, 1962 by the following
roll call vote:
AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller,
Clay P. Davidson
NOES None
ABSENT:. Gerald Td. Shipsey
• r
L
Mayor
ATTEST:
FINALLY PASSED this 5th day of March , 1 1962 , by the
following roll call vote,:
AYES: Miss Margaret M. Pk Neil, R. L. Graves, Jr., Donald
Q. Miller, Gerald W. Shipsey, Clay P. Davidson
NOES: None
ABSENT: None
ATTEST:
001141W V.01 I 4r