Arroyo Grande City Zoning Code

CHAPTER 16

20 - LAND DIVISIONS

16.20.010 - Purpose and intent.

The purpose of this chapter and any rules, regulations and specifications adopted pursuant thereto is to regulate and control the division of land within the city. This chapter is intended to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions; the form and content of all required maps provided by the Subdivision Map Act; and the procedure to be followed in securing the official approval of the city regarding maps, lot line adjustments, merger of parcels, reversion to acreage and certificates of compliance.

(Prior code § 9-04.010)

16.20.020 - Applicability.

All land divisions in the city as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this chapter.

(Prior code § 9-04.020)

16.20.030 - Consistency.

No land shall be subdivided and developed for any purpose that is inconsistent with the Arroyo Grande general plan or any applicable specific plan of the city, or that is not permitted by this title or other applicable city ordinances or provisions. The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this title, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider.

(Prior code § 9-04.030)

16.20.040 - Authority.

The planning commission is designated the "advisory agency" (as defined in Section 66415 of the Subdivision Map Act) for tentative tract and tentative parcel maps, lot line adjustments, merger of parcels, reversion to acreage and certificates of compliance, and has the authority to approve, conditionally approve, or disapprove such applications as set forth in this chapter subject to Section 16.12.150 regarding appeals. The planning director, city engineer, and staff advisory committee shall provide recommendations to the planning commission regarding these applications.

The city council is designated the "appeal board" (as defined in Section 66416 of the Subdivision Map Act) for tentative tract and tentative parcel maps, lot line adjustments, merger of parcels, reversion to acreage and certificates of compliance, and has the authority to approve, conditionally approve, or disapprove appeals regarding such applications as set forth in this chapter and Section 16.12.150 regarding appeals.

(Prior code § 9-4.040)

16.20.050 - Standards of land divisions.

Conformance.

The requirements set forth within this chapter are minimum requirements, and the city may impose greater requirements if so justified.

Exceptions from the requirements of this chapter relating to the design of improvements of land divisions shall be granted by the planning commission only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topography, or conditional or existing road alignment and width. A determination shall be made that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

Applications for exceptions shall be made in writing to the planning director stating fully the reasons and justification for the requested exception and shall be filed with the tentative map.

Improvement Standards. Improvement standards for circulation, transportation and trails facilities, street lighting and tree planting, flood control and drainage, and underground utilities are discussed in Chapter 16.68.

Lots.

Lots in a proposed land division shall conform to the minimum lot area and width requirements of the zoning classification applicable to the subject property, and shall be consistent with the Arroyo Grande general plan.

When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than three thousand six hundred (3,600) square feet for building structures, exclusive of the utility easement.

Side lot lines shall be at approximately right angles or radial to the street center line, except where terrain or other restrictions make such design impractical.

No lot shall be divided by a city, county, school district or other taxing agency boundary line.

The minimum lot frontage on a knuckle or cul-de-sac street shall be thirty-five (35) feet measured along the property line unless otherwise specified in the development standards of the zoning classification.

Flag lots shall be permitted, even though they do not meet the minimum lot width requirements at the street boundary line, only in the following instances:

The lot width of the stem of a flag lot shall not be less than eighteen (18) feet.

Flag lots shall be approved only when they conform with the existing character of the neighborhood in which they are proposed to be located.

The proposed subdivision is a parcel map that creates four or fewer parcels.

Flag lots shall be utilized only in infill areas.

Where the slope of a parcel exceeds seven percent, Table 16.20.050-A shall be used to determine minimum lot size. Land divisions proposing smaller lot sizes with common open space areas (clustering) shall be required to apply for a planned unit development permit.

Table 16.20.050-A
Minimum Lot Size For Parcels with Slope Greater Than 7%

Topography	Minimum Area	Minimum Frontage	Minimum Average Depth	Ratio Maximum Depth to Width	Percent of Ground Surface to Remain in Natural State
7—15% slope	10,000 s.f. 20,000 s.f. for flag lots	80 feet	110 feet	3:1	20%
15—25% slope	20,000 s.f. 40,000 s.f. for flag lots	100 feet	150 feet	3:1	50%
25% and up slope*	N/A*	N/A*	N/A*	N/A*	100%*

* Building and grading not permitted. Subdivision only allowed for property commonly owned by a homeowner's association for open space purposes.

Exclusions.

Any contiguous property that is owned by the land divider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division.

Any contiguous property that is owned by the land divider, but not included within the boundaries of the land division, shall be of such size and shape as to conform to the provisions of this chapter, the Arroyo Grande general plan, or any applicable specific plan; otherwise it shall be included within the boundaries of the land divisions.

Required Access.

No land division final map shall be recorded unless public access is provided from each parcel of the land division to a city, county, county service area, community service district, state or federal road that is maintained for public use. Public access to a road maintained by a property owner's association may be allowed if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated with the consent of the city.

The requirement for public access may be waived under the following circumstance:

If a parcel map creates four or less parcels and public access over intervening lands cannot be offered for dedication, and appurtenant private easements for ingress, egress, roadway, and public utility purposes may be approved, provided:

The land to be divided is not zoned for commercial, industrial or multiple-family residential uses;

ii.

If no improvements are required, the private easement is no less than twenty (20) feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of forty (40) feet is required; and

iii.

The access easement owned by the land divider is not an exclusive easement or specifically written to prohibit further subdivision of the land.

If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedication, a private road easement may be approved provided said easement grants the new lots unrestricted access rights to the existing private streets.

Public access is not required if each parcel created is forty (40) acres or more or is a quarter of a quarter section.

Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities. In order to provide for future passive or natural heating or cooling opportunities in a subdivision, the following consideration shall be taken into account to the extent feasible: subdivision lot design, size, configuration or structure, orientation in an east-west direction, local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements. Such provisions shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

(Ord. 584 § 3, Exh. B (part), 2007; prior code § 9-04.050)

16.20.060 - Tentative tract maps.

Applicability. A tentative and final tract map shall be required for all land divisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless exempt under the Subdivision Map Act, except where:

The land before division contains less than five acres, each parcel created by the division abuts upon a city maintained street, road, or highway and no dedications or improvements are required by the city;

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a city maintained street, road or highway;

The land consists of a parcel or parcels of land having approved access to a city-maintained street, road or highway which comprises part of a tract of land zoned for industrial development, and that has the approval of the governing body as to street alignments and widths; or

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter of a section.

Submittal and Review Requirements.

Applications for tentative tract maps shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Twenty-five (25) copies of the tentative tract map (folded to nine inches by twelve (12) inches in size), prepared under the direction of and signed by a registered civil engineer or licensed land surveyor, and one-eight and one-half inches by eleven (11) inches transparency of each sheet showing the following:

The tentative tract number obtained from the county planning department,

ii.

Names, addresses, and telephone numbers of the record owner, applicant, and person (and registration or license number) preparing the map,

iii.

North arrow, scale, date of preparation, and area (in square feet and acres) of the tentative tract map, and the date of survey,

iv.

Boundaries of the subdivision, defined by legal description, with sufficient information to locate the property and to determine its position with respect to adjacent named or numbered subdivisions, if any,

A general location map of the area to be subdivided showing its relation to existing main thoroughfares and the distance from the nearest public street centerline to the boundary of the proposed subdivision,

vi.

Topographic information with a reference to the source of the information. Contour lines shall have the following intervals:

(A)

Two-foot contour interval for ground slope between level and ten (10) percent,

(B)

Five-foot contour interval for ground slope exceeding ten (10) percent,

Contours of adjacent land within one hundred (100) feet of the land division shall also be shown,

vii.

The lot layout, the approximate dimensions of each lot, number of each lot, total area in square footage or acreage to the nearest one-tenth acre of each lot, and the approximate finish grade where pads are proposed for building sites. Minimum lettering height shall be one-eighth inch. Lots shall be numbered consecutively and the total number of lots shall be indicated on the tentative tract map,

viii.

The approximate location and general description, including species and trunk and canopy diameter, of any trees over three inches in diameter at the trunk with notations as to their proposed retention or destruction; notations as to general type of vegetation in areas not occupied by trees,

ix.

The location and outline to scale of each building or structure within the land division and within ten (10) feet and the proposed disposition of such building or structure,

The locations, widths, grades and names or designations of all existing and proposed streets, alleys, paths, and other rights-of-way, whether public or private, within and adjacent to the land division; private easements within and adjacent to the subdivision; the radius of each centerline curve; a cross-section of each street; any planned line for street widening or for any other public project in and adjacent to the subdivision. Private streets shall be clearly indicated. The lettered designation of each proposed highway or street shall be shown on the tentative tract map,

xi.

Width, approximate locations, and purposes of all existing or proposed easements or rights-of-way for drainage, sewers, flood control, or other public purposes, shown by dashed lines, within and adjacent to the land division (including proposed building setback lines, if known). Existing easements shall show the name of the easement holder, purpose of easement, and the legal reference for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the tentative map,

xii.

The location of existing or abandoned water wells, bumps, cesspools, sewers, culverts, springs, water impoundments, drain pipes, underground structures, or sand, gravel, or other excavations within the subdivision and within two hundred (200) feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed or used,

xiii.

The location of existing or proposed surface easements, ground leases, or access agreements,

xiv.

The location, width and directions of flow of all watercourses and flood-control areas within and adjacent to the property involved; the proposed method of providing storm water drainage and erosion control. In the event that such information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal,

xv.

All existing and proposed utilities, including size of water lines and the size and grade of sewer lines, locations of manholes, fire hydrants, street trees, and street lights,

xvi.

The location of all potentially dangerous areas, including areas subject to inundation, landslide, or settlement or excessive noise, fire hazard, and the means of mitigating the hazards,

xvii.

A layout of adjoining unsubdivided property in sufficient detail to show the effect of proposed streets that may intersect such property,

xviii.

The location of any previously filled areas within the subdivision,

xix.

The designation of all remainder parcels,

xx.

The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the subdivisions. If land is to be offered for dedication for park or recreation purposes or for the purpose of providing public access to any public water, river or stream, it shall be so designated;

The following supplemental drawings, statements, and data shall accompany the tentative tract map:

Two copies of a preliminary title report, dated within the last six months,

ii.

Three copies of a flood hazard report if required by the city engineer,

iii.

Ten (10) copies of a preliminary grading plan,

iv.

A description of proposed public or commonly held areas, and draft open space easement agreements, if applicable,

Draft covenants, conditions and restrictions if they are integral to the development concept or propose atypical requirements,

vi.

A description of requested exceptions from land division design standards for such items as lot area and dimensions, street section, or utility easements,

vii.

Proposed building setbacks and yards if different from those in the zoning district applicable to the property. A variance is necessary for proposed setbacks less than those set forth in the zoning district,

viii.

A engineering geology report may be required in areas of landslide risks and in areas of liquefaction potential and subsidence potential as determined by the community development director or city engineer, or based on previous environmental documents. The engineering geology report shall include definite statements, conclusions, and recommendations concerning the following, as applicable:

(A)

Location of major geologic features,

(B)

Topography and drainage in the subject areas,

(C)

Distribution and general nature of rock and soils,

(D)

A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geological conditions,

(E)

An evaluation of existing and anticipated surface and subsurface water in relation to proposed development,

(F)

Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building,

(G)

Capability of soils and substrata to support structures.

The geologic evaluation shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The evaluation shall include the location and lots of any test borings and shall evaluate the effect of the geology on the proposed development and on adjacent properties. The evaluation report shall point out specific areas where development may create hazardous conditions,

ix.

A preliminary soils engineering report, prepared by a civic engineer registered in the state of California and based upon adequate test borings, shall be required for every subdivision, unless the city engineer determines that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engineering report indicates soil problems that, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required.

The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development. The report shall include the locations and logs of any test borings, and percolation test results and a hydrological evaluation if on-site sewage disposal is proposed.

A subdivision where soil or geologic problems exist may be approved if the city determines recommended corrective measures are sufficient to prevent damage to structures or public improvements within or adjacent to the area to be subdivided. Recommended corrective measures may be required conditions of improvement plans and building permits,

In potential noise problem areas, identified in the noise element of the general plan or by the community development director, specific site analysis by an acoustical engineer, or other approved professional with qualifications in acoustic design, may be required by the community development director. Such study shall define the noise exposure problems, conclusions and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development,

xi.

Slope analysis map for land divisions with any portion having a slope greater than seven percent. The slope categories to be utilized are zero to seven percent, 7 to 15 percent, 15 to 25 percent, and 25+ percent, with each category described by a separate color. The slope analysis sheet shall be stamped and signed by either a registered civil engineer, registered architect, or registered landscape architect indicating that the slope has been accurately calculated and illustrated,

xii.

Floor plans and elevations as set forth in Table 1 of the land use element of the general plan,

xiii.

Any other data or reports as deemed necessary by the community development director and/or the city engineer,

xiv.

Any exception being requested in accordance with the requirements of Section 16.20.050, clearly labeled and identified as to nature and purpose.

The community development director may waive any of the foregoing requirements when, in his or her discretion, any such requirement is not necessary due to the nature of the proposed subdivision of land, or other circumstances justify such waiver.

Upon determination that an application is complete, the proposed project shall be forwarded to the staff advisory committee and architectural review committee (if necessary) for their review and comment.

Within ten (10) days of determining an application is complete, the community development director shall send a notice of the filing of the tentative tract map to the Lucia Mar Unified School District in compliance with Section 66455.7 of the Government Code.

In addition to city committee and the school district, the community development director shall forward the proposed project to such other public agencies, whose operations or areas of responsibility could be significantly affected by the proposed project, for their review and comment in compliance with the city's Rules and Procedures for Implementation of CEQA.

Following a review of the applications and public hearing pursuant to Section 16.12.160 of this title, the planning commission shall adopt a resolution stating their decision and containing the findings of fact upon which such decision is based within fifty (50) days of approval of the environmental document for the project. Such decision is subject to the appeal provisions of Section 16.12.150 of this title.

Findings. Any action taken by the planning commission or city council regarding a tentative tract map shall be supported by the findings required by applicable provisions of Section 21100 of the California Public Resources Code and Sections 66412.3, 66427.1, 66473.1, 66473.5, 66474, and 66474.6 of the California Government Code. In addition, the following findings shall be made in the affirmative prior to the approval of a tentative tract map:

The proposed tentative tract map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title.

The site is physically suitable for the type of development proposed.

The site is physically suitable for the proposed density of development.

The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public-at-large for access through, or use of, property within the proposed tentative tract map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public.

The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code.

Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development.

For a proposed subdivision that includes, or is adjacent to an agriculture district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F) and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and non-agricultural land uses and to protect the public health, safety and welfare.

Conditions of Approval. In approving a tentative tract map, the planning commission shall require those conditions necessary to protect the public health, safety and welfare of the city's residents as authorized by this title, other city ordinances, the Arroyo Grande general plan, the Subdivision Map Act, and CEQA.

(Ord. 550 § 3, Exh. B (part), 2003; Prior code § 9-04.060)

16.20.070 - Tentative parcel map.

Applicability. A tentative and final parcel map shall be filed and recorded for any land division subject to the Subdivision Map Act for which a tentative and final tract map is not otherwise required or if any of the following conditions prevail:

The land is divided into four or less parcels.

The whole parcel before division contains less than five acres; each parcel created by the division abuts upon a maintained public street or highway; and no dedication or improvements are required for the division.

Each parcel created by the division has a gross area of not less than twenty (20) acres and each parcel has an approved access to a maintained public street or highway.

The land consists of a parcel or parcels of land having approved access to a public street or highway, is part of a tract of land zoned for industrial or commercial development, and is approved as to street alignment and width.

Each parcel created by the division has a gross area of forty (40) acres or more, or is not less than a quarter of a quarter section.

Parcel maps that are not in conjunction with rezoning or general plan amendment applications may be waived when requested by the applicant pursuant to Section 66428 of the Subdivision May Act for the following:

Divisions of real property or interests therein created by eminent domain procedures, partition action, or other similar actions as determined by the city.

Divisions of real property resulting from the conveyance of land or any interest therein to or from the city, public entities, or public utilities for a public purpose, such as school sites, public building sites, or right-of-way or easements for streets, sewers, utilities, drainage, or other public facilities.

The decision to waive the parcel map requirement shall be made upon a finding that the proposed division of land complies with requirements as to lot area, physical improvement and design standards, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, utility installation, environmental protection, and other requirements of these regulations, other city ordinances, and the Subdivision Map Act.

A parcel map waiver may be conditioned to provide for the payment of park land dedication and any other fees generally applied to subdivision projects.

Such waiver automatically constitutes approval for the issuance of a certificate of compliance as specified in Section 66499.35 of the Subdivision Map Act. When the parcel map requirement has been waived, the city shall, within ninety (90) days and without further application and proceedings, file the certificate of compliance and a map exhibit showing the land division with the county recorder.

Submittal and Review Requirements.

Applications for tentative parcel maps shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Ten (10) copies of the tentative parcel map (folded to nine inches by twelve (12) inches size), prepared under the direction of and signed by a registered civil engineer or licensed land surveyor, and one eight and one-half inches by eleven (11) inches transparency of each sheet showing the following:

The tentative parcel map number obtained from the county planning department,

ii.

Names, addresses, and telephone numbers of the record owner, applicant and person (and registration or license number) preparing the map,

iii.

North arrow, scale, date of preparation, and area (in square feet and acres) of the tentative parcel map, and the date of survey,

iv.

vi.

Topographic information with a reference to the source of the information. Contour lines shall have the following intervals:

(A)

Two-foot contour interval for ground slope between level and ten (10) percent,

(B)

Five-foot contour interval for ground slope exceeding ten (10) percent.

Contours of adjacent land within one hundred (100) feet of the land division shall also be shown,

vii.

viii.

ix.

The location and outline to scale of each building or structure within the land division and within ten (10) feet and the proposed disposition of such building or structure,

The locations, widths, grades and names or designations of all existing and proposed streets, alleys, paths, and other rights-of-way, whether public or private, within and adjacent to the land divisions; private easements within and adjacent to the subdivisions; the radius of each centerline curve; a cross-section of each street; any planned line for street widening or for any other public project in and adjacent to the subdivision. Private streets shall be clearly indicated. The lettered designation of each proposed highway or street shall be shown on the tentative parcel map.

xi.

xii.

The location of existing or abandoned water wells, sumps, cesspools, sewers, culverts, springs, water impoundments, drain pipes, underground structures, or sand,. gravel, or other excavations within the subdivision and within two hundred (200) feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed or used,

xiii.

The location of existing or proposed surface easements, ground leases, or access agreements,

xiv.

The location, width and directions of the flow of all watercourses and flood-control areas within and adjacent to the property involved; the proposed method of providing storm water drainage and erosion control. In the event that such information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal,

xv.

All existing and proposed utilities, including size of water lines and the size and grade of sewer lines, locations of manholes, fire hydrants, street trees, and streetlights,

xvi.

The location of all potentially dangerous areas, including areas subject to inundation, landslide or settlement or excessive noise, and the means of mitigating the hazards,

xvii.

A layout of adjoining unsubdivided property in sufficient detail to show the effect of proposed streets that may intersect such property,

xviii.

The location of any previously filled areas within the subdivision,

xvix.

The designation of all remainder parcels,

xx.

xxi.

Any exception being requested in accordance with the requirements of Section 16.20.050(A), clearly labeled and identified as to nature and purpose;

The following supplemental drawings, statements and data shall accompany the tentative parcel map:

Two copies of a preliminary title report, dated within the last six months,

ii.

Three copies of a flood hazard report if required by the city engineer,

iii.

Ten (10) copies of a preliminary grading plan,

iv.

A description of proposed public or commonly held areas, and draft open-space easement agreements, if applicable,

Draft covenants, conditions and restrictions if they are integral to the development concept or propose atypical requirements,

vi.

A description of requested exceptions from land division design standards for such items as lot area and dimensions, street section, or utility easements,

vii.

viii.

An engineering geology report may be required in areas of landslide risks and in areas of liquefaction potential and subsidence potential as determined by the community development director or city engineer, or based on previous environmental documents. The engineering geology report shall include definite statements, conclusions, and recommendations concerning the following, as applicable:

(A)

Location of major geologic features,

(B)

Topography and drainage in the subject areas,

(C)

Distribution and general nature of rock and soils,

(D)

A reasonable evaluation and prediction of the performance of any proposed cut or fill in relation to geological conditions,

(E)

An evaluation of existing and anticipated surface and subsurface water in relation to proposed development,

(F)

Recommendations concerning future detailed subsurface sampling and testing that may be required prior to building,

(G)

Capability of soils and substrata to support structures.

ix.

A preliminary soils engineering report, prepared by civil engineer registered in the state of California and based upon adequate test borings, shall be required for every subdivision, unless the city engineer determines that, due to existing information available on the soils of the subdivision, no analysis is necessary. If the soils engineering report indicates soil problems that, if not corrected, could lead to structural defects, a soils investigation of each lot in the subdivision may be required.

The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and opinions and recommendations covering adequacy of sites for development. The report shall include the locations and logs of any test borings and percolation test results and a hydrological evaluation if on-site sewage disposal is proposed.

In potential noise problem areas, identified in the noise element of the general plan or by the community development director, specific site analysis by an acoustical engineer, or other approved professional with qualifications in acoustic design, may be required by the community development director. Such study shall define the noise exposure problems, conclusions, and recommendations for corrective or mitigating measures, when necessary, and opinions and recommendations covering the suitability of the site for development,

xi.

Slope analysis map for land divisions with any portion having a slope greater than seven percent. The slope categories to be utilized are 0-7 percent, 7-15 percent, 15-25 percent, and 25+ percent, with each category described by a separate color. The slope analysis sheet shall be stamped and signed by a registered civil engineer, registered architect, or registered landscape architect indicating that the slope has been accurately calculated and illustrated,

xii.

Floor plans and elevations as set forth in Table I of the land use element of the general plan,

xiii.

An authorization consenting to the proposed subdivision signed by all parties having a record title interest in the property to be subdivided (if not included on planning application form),

xiv.

Any other data or reports as deemed necessary by the community development director and/or the city engineer.

The community development director shall forward the proposed project to such other public agencies, whose operations or areas of responsibility could be significantly affected by the proposed project, for their review and comment in compliance with the city's Rules and Procedures for Implementation of CEQA.

Findings. Any action taken by the planning commission or city council regarding a tentative parcel map shall be supported by the findings required by Section 66427.1, 66573.5, 66474 and 66474.6 of the Government Code and Section 21100 of the Public Resources Code. In addition, the following findings shall be made in the affirmative prior to approval of a tentative parcel map:

The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title.

The site is physically suitable for the type of development proposed.

The site is physically suitable for the proposed density of development.

The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The design of the tentative parcel map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public.

The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed by Division 7 (commencing with Section 13000) of the California Water Code.

Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development.

For a proposed subdivision that includes, or is adjacent to an Agricultural district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F). and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and nonagricultural land uses and to protect the public health, safety and welfare.

(Ord. 600 § 2, Exh. A (part), 2008; Ord. 550 § 3, Exh. B (part), 2003; Prior code § 9-04.070)

16.20.080 - Final tract maps.

General. Following planning commission (or city council on appeal) approval of a tentative tract map, a subdivider may cause a final tract map to be prepared by a registered civil engineer or licensed surveyor registered in the state of California. The map shall be in substantial compliance with the approved tentative tract map, and in full compliance with the subdivision map act and all ordinances of the city.

Form, Content, and Accompanying Material.

Each final tract map shall be prepared in accordance with the provisions of Government Code Section 66434 at a scale large enough to show all details clearly and not less than fifty (50) feet to the inch unless approved by the city engineer.

The contents of the final tract map shall conform to the subdivision map act and as follows:

The tract number, scale, north arrow, and sheet number shall be shown on each sheet of the final map.

The title sheet of each final map shall contain a title to the satisfaction of the city engineer consisting of the number, name, or other designation of the subdivision together with the words: "In the City of Arroyo Grande" or "Partly within the City of Arroyo Grande and partly in another city." Below the title shall be a subtitle consisting of a general description of all the property being subdivided, by reference to subdivisions or to section surveys. Reference to tracts and subdivisions shall be spelled out and worded identically with original records, with complete references to proper book and page of the record. The title sheet shall show, in addition, the basis of bearings, the number of lots, the acreage of the tract map, a soils report note, and monument notes. Maps filed for purpose of reverting subdivided land to acreage shall be conspicuously marked under the title: "The purpose of this map is to revert to acreage." Maps filed for the purpose of a condominium shall be conspicuously marked:

"For Condominium Purposes."

Whenever the city engineer has established the centerline of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper references made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated.

The final map shall show city boundaries crossing or adjoining the subdivision clearly designated and tied in.

The final map shall show the centerline at width and sidelines of all easements to which the lots are subject. Easements shall be clearly labeled and identified with respect to the use for which intended, and if already of record, proper reference to the records given. Public easements shall be dedicated and so indicated in the certificate of dedication. At the time the subdivider presents the final map, there shall be presented certificated executed respectively, by the various public utility companies authorized to serve in the area of the subdivision, certifying that satisfactory provisions have been executed and delivered to the certifying companies for recording. Easements for public utility companies shall be reserved for the use and benefit of public utility companies.

The following certificates and acknowledgments must appear on the title sheet of the final map in form and format as provided for the subdivision map act unless otherwise indicated below:

Owner's certificate signed and acknowledged by all parties having record title thereof in the completed subdivision with exceptions provided by the subdivision map act, including dedications and offers of dedication, if any, which shall, by their terms, not be revocable without city consent in the event the final map is approved;

ii.

Engineer's of surveyor's certificate;

iii.

City engineer's certificate of approval;

iv.

City engineer's certificate of approval of the final map and acceptance of offers of dedication on behalf of the city council, or in the case of an appeal, the director of administrative service's certificate of approval and acceptance of same by the city council;

Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as required.

The following statements, documents and other data shall be filed with the final tract map:

A guarantee of title, in a form acceptable to the city engineer and city attorney, issued by a competent title company to and for the benefit and protection of the city and shall be continued to be complete up to the instant of recording of the final map, guaranteeing that the names of all persons 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 correctly shown on the map, both as to consents to the making thereof and the affidavits of dedication where necessary;

The complete plans, profiles, cross-sections, specifications, and applicable permits for the construction and installation of all improvements as required by the city engineer;

All protective covenants, conditions, restrictions or affirmative obligations in the form in which the same are to be recorded, as approved by the planning department;

A nonrefundable filing and checking fee as prescribed by resolution of the city council;

Deed for easements of rights-of-way or other dedications which have not been dedicated on the final map. Written evidence acceptable to the city in the form of legally required rights-of-entry or permanent easements across private property outside of the subdivision, permitting or granting access to perform necessary construction work and permitting the maintenance of the facility;

If the map is for creation of a subdivision by conversion of residential real property into condominiums, community apartments, or a stock cooperative, the subdivider shall file such documents with the planning department that assure compliance with Section 66427.1 of the Subdivision Map Act, this title, and all applicable city ordinances;

Complete copies of all deeds, documents, and field book pages referenced on the map or required for the interpretation of deeds or data referenced on the map;

Complete traverse and closure calculations;

Method of establishment of all lines;

Centerline tie notes;

All other data required by law or by the city engineer as a condition of approval of the tentative map, including plans, deeds, reports, calculations, agreements, permits, fees, deposits, security, or other requirements;

Complete hydrology and hydraulic calculations of all storm drains.

Submittal and Map Check. The submittal and map check procedure shall be as prescribed by the city engineer. The request for map check shall be accompanied by a fee as established by resolution of the city council and submitted to the city engineer.

Approval.

The city engineer has been designated with the authority to approve or disapprove final subdivision maps, accept, accept subject to improvement, or reject related offers of dedication, and enter into agreements to complete subdivision improvements.

Upon receipt of a final subdivision map, the city engineer shall approve said map if it conforms to all of the requirements of the Subdivision Map Act and this title. If it does not conform, the map shall be disapproved.

If at the time of final map approval, any public improvements required by the Subdivision Map Act or by any provision of this title have not been completed and accepted by the city engineer, the city engineer shall require the subdivider to enter into an agreement pursuant to Section 66462 of the Government Code.

The city engineer shall accept, accept subject to improvement, or reject offers of dedication shown on the map.

Prior to the city engineer taking action to approve or disapprove a final map for a subdivision, a notice of the pending action shall be posted. The notice shall be posted with the regular agenda of the city council. A notice to approve a final map shall not be posted until the city engineer has determined that all requirements and conditions for approval of the map have been complied with. The city engineer shall act on final maps within ten (10) days following the council meeting that was preceded by the notice pending action in which agenda the item was noticed.

An action by the city engineer to approve or disapprove a final map for a subdivision may be appealed to the city council. Notwithstanding anything in the title to the contrary, to be considered, an appeal must be received in writing within seven calendar days of the council meeting that was receded by the notice of the city engineer's pending action. Any such appeal must be based on conformance with the Subdivision Map Act, the City of Arroyo Grande Municipal Code, and the project conditions approval.

Waiver of Signatures. If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivision, refuses to make his/her easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this title, with the Subdivision Map Act, and with every other applicable statute and ordinance, and the city council finds that the subdivider has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final map for filing would work an undue hardship on the subdivider, then by a majority vote of all its members, the city council may accept such map.

Recordation. After approval by the city of a final tract map, the city clerk shall transfer the map to the county recorder for filing in accord with the provisions of Article 6 of the Subdivision Map Act.

(Prior code § 9-04.080)

16.20.090 - Final parcel map.

General. Following approval of a tentative parcel map by the planning commission or city council on appeal, the subdivider may cause a final map to be prepared by a registered civil engineer or licensed surveyor registered in the state of California. The map shall be in substantial compliance with the approved tentative parcel map, the Subdivision Map Act and all ordinances of the city. The form, format, and accompanying material shall be as prescribed by Section 16.20.080(B) for final tract maps.

Approval.

The city engineer shall accept, accept subject to improvement, or reject offers of dedication shown on the map.

An action by the city engineer to approve or disapprove a final map for a subdivision may be appealed to the city council. Notwithstanding anything in the title to the contrary, to be considered, an appeal must be received in writing within seven calendar days of the council meeting that was preceded by the notice of the director's pending action. Any such appeal must be based on conformance with the Subdivision Map Act, the City of Arroyo Grande Municipal Code, and the project conditions of approval.

Waiver of Signatures. If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivision, refuses to make his or her easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this title, with the Subdivision Map Act, and with every other applicable statute and ordinance, and the city council finds that the subdivider has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final map for filing would work an undue hardship on the subdivider, then by a majority vote of all its members, the city council may accept such map.

Recordation. After approval of the final parcel map by the city, the city clerk shall transfer the map to the county recorder for filing in accord with the provisions of Article 6 of the Subdivision Map Act.

(Prior code § 9-04.090)

16.20.100 - Vesting tentative maps.

Authority. The provisions of this section are enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereafter referred to as the Vesting Tentative Map Statute).

Application. whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title requires the filing of a tentative tract map or tentative parcel map for a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this section.

Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Sections 16.20.060 and 16.20.070 for tentative tract and parcel maps except as hereinafter provided:

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

At the time a vesting tentative map is filed, a subdivider shall also supply the following information:

Height, size, location and general uses of all existing and proposed buildings;

Existing and proposed sewer, water, storm drain and road details;

Detailed grading plans, including soils information;

Flood control information, or engineer's drainage study;

Plans to include roofs, materials, fences and walls, elevation, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;

A traffic study to be approved by the city engineer, unless waived by the planning director;

Archaeological, geological, seismic and soils studies as found to be necessary by the planning director to comply with CEQA;

An acoustical study approved by the building official for properties requiring such study by city ordinance, regulations or policies;

Notes on the map indicating any inconsistency with this title; and

Such other information as may be requested by the planning director necessary to permit a complete analysis and appraisal of the project.

Vesting on Approval of Vesting Tentative Map.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinance, policies and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall still confer a vested right to proceed with development in substantial compliance with the ordinances and policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

Notwithstanding subsection (D)(1) of this section, any fees required to be paid after the tentative map is approved, such as park fees, school fees, drainage or improvement fees, and the like, and landscape and maintenance requirements, shall be paid in the amount required or otherwise complied with at the time each is required to be paid or performed.

Notwithstanding subsection (D)(1) of this section, permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

The condition or denial is required, in order to comply with state or federal law.

The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in subsection C of this section. If the final map is approved, these rights shall last for the following periods of time:

An initial time period of twenty-four (24) months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

The initial time period set forth in subdivision (4)(a) of this subsection shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed.

A subdivider may apply for a one-year extension at any time before the initial time period as set forth in subdivision (4)(a) of this subsection expires. If the extension is denied, the subdivider may appeal that denial to the city council within fifteen (15) days, pursuant to Section 66452.6 (g) of the Government Code.

If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (4)(a), (b) and (c) of this subsection, the rights referred to in this section shall continue until the expiration of that permit, or any extension of that permit.

Development Inconsistent with zoning—Conditional Approval.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection D of this section confer the vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map, as approved.

The rights conferred by this section shall be for the time periods set forth in subsection D of this section.

Applications Inconsistent with Current Policies. Notwithstanding any provision of this section, a property owner or his or her designee may seek approvals or permits for developments which depart from the provisions, policies, and standards described in subsection D and E of this section and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Prior code § 9-04.100)

16.20.110 - Subdivision monuments.

At the time of making the survey for all final maps, the engineer or surveyor shall set sufficient durable monuments as approved by the city engineer in compliance with the Subdivision Map Act at the following locations to identify all lots to prospective buyers and future owners:

Boundary corners;

At intervals of not more than five hundred (500) feet along boundary lines;

At the beginning and ending of property line curves and property intersections at the discretion of the city engineer;

At lot corners and, in addition, a permanent marker shall be set in the top of the curb on the prolongation of the side lines; and

At other locations as required.

Standard monuments shall be placed along the center lines of public streets and alleys at all intersections and at all property intersections or beginning and ending curves. Prior to city council acceptance of the final map and associated improvements, the city engineer shall ascertain that the monuments are in place and/or require that the subdivider replace any monuments which may have been removed.

(Prior code § 9-04.110)

16.20.120 - Correction and amendment of recorded maps.

Purpose of Amending Maps. After a final tract or parcel map is filed in the office of the county recorder, it may be amended by an amending map to:

Correct an error in any course or distance shown thereon;

Show any course or distance that was omitted therefrom;

Correct an error in the description of the real property shown on the map;

Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities or setting monuments;

Show the proper location or character of any monument which has been changed in location or character or which was originally shown at the wrong location or incorrectly as to its character;

Correct any other type of map error or omission as approved by the city engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

Procedure For Amendment. The amending map shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amended map shall be used only when fewer than ten (10) percent of the total lots in the specific area of the subject subdivision are effected by the changes. An amending map shall conform to the requirements of Section 16.20.080 if it is a final tract map or Section 16.20.090 if it is a final parcel map. The amending map shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. The city engineer shall examine the amending map and if the only changes made are those set forth in subsection (A)(1) through (7) of this section, he or she shall certify this fact on the amending map. The city engineer shall maintain an index of recorded amended maps.

Recordation. Once the amended map has been certified by the city engineer, it shall be recorded by the city in the office of the county recorder and thereupon, the original map shall be deemed to have been conclusively so corrected.

Further Modifications To Approved Maps. In addition to the amendments provided for in subsection A of this section, final tract and parcel maps may be further modified pursuant to this section. Such modifications shall include realignments of property lines, adjustments to common areas, reduction in lot numbers, or similar changes in circumstances that make any or all of the conditions of such a map no longer appropriate or necessary. In addition, the modifications shall not impose any additional burden on the present fee owner of the property, and the modifications shall not alter any right, title, or interest in the real property reflected on the recorded map. This section shall be used in lieu of lot line adjustment procedures when more than ten (10) percent of the lots within the subdivision are affected by the modifications. The procedures for modification of final tract and parcel maps shall be the same as those specified by Section 16.20.060 for tentative tract maps and Section 16.20.070 for tentative parcel maps with the exception that the matters and issues to be considered at the required hearings shall be limited to those matters and issues immediately associated with the proposed modifications and necessary for the planning commission and/or the city council to make the required findings for approval.

(Prior code § 9-04.120)

16.20.130 - Condominiums, condominium conversions, and mobilehome park conversions.

Purpose and Intent. The purpose of this section is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects and stock cooperatives, the lessors of cooperative apartment projects and stock cooperatives, and the lessors of cooperative apartments, as well as mobilehome park residents in parks proposed for subdivision activity.

Applicability. All new or converting residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments, and mobilehome park subdivisions shall conform to the provisions of this section in addition to any and all requirements for preparation, review and approval of a land division map.

Minimum Requirements. Except as otherwise provided by law, in approving or conditionally approving any condominium projects, including conversions of apartment and mobilehome park developments, the following shall be required:

Residential Parking. Off-street parking shall be provided in the amount and type pursuant to standards for new construction in Chapter 16.56.

Development Standards. All new construction of condominium projects shall comply with the property development standards for the district in which the project is located. All condominium conversions of apartment and mobile park developments shall comply with the lot coverage, height and distance between buildings development standards for the district in which the project is located. Condominium conversions are not required to comply with existing setback and density standards if the development met all zoning and building standards in effect at the time of its construction. Nothing in this section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the planning commission or city council when necessary to protect the public health, safety, or general welfare, based upon appropriate findings.

Covenants, Conditions and Restrictions (CC & Rs). The covenants, conditions and restrictions (CC & Rs) for the new condominium project, including conversion of apartment and mobilehome projects, shall include an agreement by the subdivider that the following be guaranteed by the subdivider:

Common area items, including but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold;

Additional items to be provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit;

Adequate provisions for maintenance, repair and upkeep of common areas;

Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction;

Provisions for dedication of land or establishment of easements for street widening or other public purpose.

The CC & Rs shall provide that the nonsubdivider owners have the right to select or change the management group or the homeowner association ninety (90) days after sale or transfer of title of fifty-one (51) percent of the units. The CC & Rs shall provide that subsequent owners agree to make no changes in the CC & Rs imposing restrictions on the age, race, national origin, sex, marital status or other similar restrictions of occupants, residents or owners.

Estimated Costs of Maintenance. The subdivider shall submit an estimate of and guarantee for the maintenance costs for a period of twelve (12) months beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate.

Design Standards. The following design standards apply to both new condominium projects and for the conversion of existing structures into condominiums. Such minimum criteria shall be required in addition to the existing building codes, zoning district provisions, and other requirements of this title. New condominium projects shall also comply with the performance standards for planned unit developments (Section 16.32.050(E)).

All private streets, driveways, drainage structures, and parking areas shall be improved and constructed in accordance with the city's adopted standards and shall be designed and appropriate easements granted to insure access for both municipal services and public utility company services to each dwelling.

All assigned parking shall be provided within one hundred (100) feet of the front entrance of the dwelling unit.

Separate utility services shall be provided each dwelling unit.

Each dwelling unit shall be provided with a minimum of two hundred (200) cubic feet of exterior storage in a secure manner.

All permanent mechanical equipment, such as motors, compressors, pumps and compactors, that are determined by the building official to be a source of structural vibration or structure-borne noise, shall be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

All common walls and floors shall have a maximum impact and sound transmission class (STC) of fifty (50) (forty-five (45) if field tested) as defined in U.B.C. Standard No. 35.1.

All separating floor/ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of fifty (50) (forty-five (45) if field tested) as defined in U.B.C. Standard No. 35.2.

All condominium and condominium conversion projects shall meet or exceed the California Fire Code requirements, and shall be inspected and approved by the director of building and fire, and additionally shall have a complete one-hour fire separation between dwelling units (floors/ceilings, as well as walls).

Provisions for laundry facilities shall be provided within each dwelling unit or within a common, conveniently located laundry room.

10.

For all condominium conversions, a set of original construction plans shall be submitted as part of the initial application.

11.

For all condominium conversions, an on-site inspection shall be made by the building department, public works department, fire department, and planning department to determine if the design criteria set forth in this section has been met. Such inspections shall be included as part of the staff report prepared for the planning commission.

Condominium and Mobilehome Park Conversions. No condominium or mobilehome park conversion shall be approved unless all of the following conditions are met:

Tenants and prospective tenants have been given a tenant's notice of intent to convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) sixty (60) days prior to filing applications for tentative map, conditional use permit, and architectural review approval with the planning director. Such notice shall be given by the applicant, and shall contain information as to tenant's rights under state and local regulations.

The submittal package for conversion shall include the following items in addition to the required information for a tentative map, conditional use permit, and architectural review application:

A copy of the tenant's notice of intent to convert. A signed statement certifying that all tenants have received such notice and that all future tenants shall receive such notice shall be attached along with a list of names and addresses of persons notified;

A building condition and history report prepared by a building inspection service or similar agency acceptable to the building official and fire chief. The report shall contain such information, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out and an estimated time schedule;

The present rent schedule including type and length of tenancy;

The estimated prices of the converted units and/or lots;

A copy of the proposed CC & Rs;

A tenant relocation assistance plan indicating the number of tenants interested in purchasing or relocating and detailed plans for assisting in the relocation of tenants;

For conversions of mobilehome parks to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park as set forth in Government Code Section 66427.4;

Two sets of mailing labels for all tenants affected by the conversion.

Tenants shall be notified in writing of all public hearings in connection with an application for conversion, and all new tenants subsequent to the initial notice of intent, shall be notified in writing of the pending conversion prior to occupancy.

The structural, electrical, fire and life safety systems of the applicable structures and/or cannon structures either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official and fire chief.

The applicable residential and/or common structures presently have, or are intended to have plumbing in sound condition, insulation of all water heaters, and where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, smoke and fire detectors, and such other requirements as may be imposed as a condition of approval.

The applicant has complied with all applicable provisions of the Subdivision Map Act.

The required number of owners in a stock cooperative or community apartment project, as specified in the bylaws or other organizational documents, have voted in favor of the condominium conversion. If the bylaws or other organizations documents do not specify the number of votes required, a majority vote of the owners in the cooperative or project shall be required.

For residential conversions, the decision making body must determine that:

The conversion is consistent with the general plan; and

In the case of condominium conversions, the vacancy factor of apartment rental housing units in the city exceeds five percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the city council determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion.

The subdivider has complied with such other requirements or conditions as the decision-making body shall believe necessary or appropriate.

Waiver Provisions—Mobilehomes. When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park sign a petition indicating their intent to purchase the mobilehome park for purposes of converting it to tenant-owned, condominium ownership interest, the requirement for a subdivision map shall be waived unless any of the following exist:

There are significant design or improvement requirements necessitated by health or safety concerns.

There is a need to perform field surveys on the exterior boundaries of the parcel or parcels appearing on the face of the map.

The existing lot or lots were not created by a recorded parcel or final map.

The conversion would result in the creation of additional parcels.

Waiver applications shall be processed in compliance with Section 66428(b) of the Subdivision Map Act.

(Ord. 594 § 15, 2007; prior code § 9-04.130)

16.20.140 - Lot line adjustments.

Applicability. Subject to subsection 16.20.140.E., any affected property owner desiring a lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjacent parcel, and where the number of parcels remains the same or is reduced and improves an existing situation, shall file an application for a lot line adjustment with the community development department.

Submittal and Review Requirements.

Lot line adjustment applications shall contain the following:

Completed planning application form and required fee and attachments (see also Section 16.12.030);

Ten (10) copies of a plot plan, neatly and accurately prepared and at a scale acceptable to the planning director (folded to nine inches by twelve (12) inches size) showing:

North arrow, scale, date of preparation and area (in square feet and acres) of the project,

ii.

The existing and proposed area of the lots being adjusted, along with all bearings and distances, lot numbers, and assessor parcel numbers. Existing lot lines shall be shown by a solid line and proposed lot lines shall be shown by a dashed line. The number of lots being adjusted shall also be included,

iii.

All existing structures, walls, fences or trees that are located on the properties,

iv.

The placement, name and location of all existing streets, easements, and rights-of-way on the land area of the proposed lot line adjustment and those abutting such land,

Sufficient contours to indicate the general elevations and the fall of the project area and adjacent area within one hundred (100) feet,

vi.

Proposed uses of all portions of the project area,

vii.

Names, addresses, and telephone numbers of the record owner or lien holder, applicant, and registered civil engineer or land surveyor (and registration or license number) preparing the map;

The following supplemental statements and data shall accompany the lot line adjustment:

Two copies of a preliminary title report dated within the last six months,

ii.

Legal descriptions of all existing parcels and the newly adjusted parcels,

iii.

For lot line adjustments within a mobile home park, written authorization from occupants of affected lots, in accordance with Health and Safety Code Section 18610.5.

Upon determination that an application is complete, the proposed project shall be forwarded to the staff advisory committee for their review and comment.

Following a review of the application by community development and public works, the planning commission shall adopt a resolution stating their decision and containing the findings of fact upon which such decision is based. Such decision is subject to the appeal provisions of Section 16.12.150 of this title.

Following approval, all parties of interest in the subject parcels shall sign a certificate of lot line adjustment that eliminates the old lot lines and that contains a legal description and illustration or drawing of the adjusted parcels. This certificate shall be recorded with the county recorder.

Findings. The planning commission shall approve or conditionally approve a lot line adjustment if it does not:

Create any new lots;

Include any lots or parcels created illegally;

Impair any existing access or create a need for access to any adjacent lots or parcels;

Impair any existing easements or create a need for any new easements serving adjacent lots or parcels;

Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards;

Require substantial alteration of any existing improvements or create a need for any new improvements;

Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title.

Conditions of Approval. The planning commission may only impose such conditions of approval necessary to conform to this title or city building ordinances or to facilitate the relocation of existing utilities, infrastructure or easements. A record of survey or other records shall be required pursuant to Section 8762 of the Business and Professions Code if monuments are set at the adjusted lot lines.

This section is intended to prevent serial lot line adjustment applications of more than four adjacent lots.

The total number of lots involved in any proposed lot line adjustment plus all lots that have been adjusted within the five years preceding the proposed lot line adjustment application that are under common ownership or control and that adjoin any of the lots involved in the proposed lot line adjustment may not exceed four lots.

No lot that has previously been adjusted may be part of a subsequent lot line adjustment if it would result in more than four adjoining lots being adjusted within a five-year time period.

(Ord. 573 Exh. A (part), 2005; prior code § 9-04.140)

(Ord. No. 643, §§ 1, 2, 2-14-2012)

16.20.150 - Merger of lots and reversion to acreage.

Merger of Contiguous Parcels. Whenever two or more contiguous lots, parcels, or units of land that have been legally created under the provisions of this title and other applicable provisions of the City of Arroyo Grande Municipal Code are held by the same owner, such lots, parcels or units may be deemed merged by the city without reverting to acreage where the following conditions exist:

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

With respect to any affected parcel, one or more of the following conditions exist:

One of the lots, parcels, or units of land does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property and is less than five thousand (5,000) square feet in area;

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

Does not meet current standards for sewage disposal or domestic water supply;

Does not meet slope stability standards;

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

Its development would create health or safety hazards;

Is inconsistent with the city's general plan and any applicable specific plan, other than minimum lot size or density standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

This section shall not apply if one of the following conditions exist:

On or before July 1, 1981, one or more of the contiguous parcels or units of land was in enforceable restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

On July 1, 1981, one or more of the contiguous parcels or units of land was timberland as defined in subdivision (f) of Government Code Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of the Government Code Section 51201.

Treatment of Lots After Merger. After merger has occurred with respect to any contiguous lots, parcels or units of land under this section, such lots, parcels or units of land shall be treated as a single lot under the provisions of the City of Arroyo Grande Municipal Code.

Contiguity. Notwithstanding the provisions of subsection A of this section as it relates to the merger of parcels, property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, parcels or units of land are separated by roads, streets, alleys or other features deemed to be similar to these by the planning director.

Opportunity for Hearing. Whenever the planning director believes that real property can be merged pursuant to this section, and the merger is not initiated wholly or in part by the subject property owner, then the planning director shall give the owner of the real property affected by the merger thirty (30) days notice that the director intends to file a notice of merger declaring the lots, parcels or units of land merged. The notice to the property owner shall advise the owner that he has a right to a hearing before the planning commission on why the notice of merger should not be recorded and shall specify the time, date and place of hearing.

Additional Conditions. The following conditions shall exist in order for a merger to be approved by the planning commission:

Merged lots should comply wherever feasible with the minimum lot size, lot width, and lot depth requirements of the zoning district in which it is located.

Adequate access and placement of easements shall be provided.

Authority. The planning commission shall hold a public hearing on any merger pursuant to Section 16.12.160. The property owner shall state his or her objection and present the evidence upon which he or she relies. If the planning commission shall find that the conditions constituting merger have not occurred, or that the findings required prior to the granting of a variance can be made with regard to maintaining the lots, parcels, or units of land as unmerged, than it shall determine that no merger has occurred and instruct the planning director not to file the notice of merger. Otherwise, the director shall file the notice of merger pursuant to the provisions of this section.

Reversion to Acreage. Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the city council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.

Submittal Requirements. To revert divided lands to acreage, a tentative tract or parcel map shall be filed as set forth in Section 16.20.060 or 16.20.070 of this chapter. The tentative map shall show all relevant details of the subdivision proposed to be reverted, its relationship to existing sheets, dedications, and adjoining lands, and configurations of the proposed reversion.

Review of Tentative Map. The tentative map shall be distributed by the planning director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the staff advisory committee, which in turn shall report and recommend to the planning commission.

Consideration by Planning Commission.

The planning commission shall consider the report and recommendation of the staff advisory committee on the tentative map.

Notice of the time and place of the public hearing before the planning commission including a general description of the location of the property proposed to be reverted to acreage shall be given in the time and manner required by the provisions of this title and state law.

Divided real property may be reverted to acreage only if the planning commission finds that:

Dedications or offers of dedication to be vacated or abandoned as part of the reversion to acreage are unnecessary for present or prospective public purposes; and

ii.

Either:

(A)

All owners of an interest in the real property within the subdivision have consented to the reversion,

(B)

None of the improvements required to be made have been made within two years from the date the final subdivision map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

(C)

No lots shown on the final subdivision map have been sold within five years from the date such map was filed for record.

The following shall be required as conditions of approval of a reversion:

Dedications necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;

ii.

Retention of all previously paid fees if necessary to accomplish the purposes of this section;

iii.

Retention of any necessary improvement security or deposit if necessary to accomplish the purposes of this section.

Final Map Procedures. After the approval of the tentative map, the applicant may cause a final map to be prepared in accordance with the applicable provisions of Section 16.20.080 or 16.20.090 of this chapter, and shall pay the fees as established by city council resolution.

Notice to County Recorder. Whenever the planning director determines that real property has merged pursuant to this section, the director shall cause to be recorded with the county recorder a notice of such merger specifying the name(s) of the record owners (s) and particularly describing the real property affected by the merger.

(Prior code § 9-04.150)

16.20.160 - Certificate of compliance.

Application. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. Application for a certificate shall be made to the planning director, accompanied by such fees as the city council may from time to time adopt by resolution, as follows:

Completed planning application form and required fee and attachments (see also Section 16.12.030;

Ten (10) copies of a map, legibly drawn, in ink, to an engineer's scale, with the scale shown on the map, shall be submitted to the planning department. It shall show the subject property with dimensions and the gross and net area, and it shall show the location, width and names of all streets and roads adjacent to and providing access to the property;

The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements;

A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection;

The map shall show the name, address, telephone number and signature of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner;

The map shall show the current zoning on the property and the current assessor's parcel number;

The application shall also include:

A legible copy of the current owner's grant deed or contract of sale and a copy of the deed that originally created the lot,

A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property,

Documentation of recorded access to the subject property unless abutting a public street,

A legal description for the subject property to be typed on plain white paper, eight and one-half inches by eleven (11) inches with one inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance,

A lot book report that shows transactions of the subject property for the previous four years,

No copies of a preliminary title report dated within the last six months,

A copy of the Subdivision Map Act and/or other state and local subdivision laws that here applicable at the time the property was divided.

Authority and Processing. Upon receipt of a completed application, the community development director and public works director shall review the matter and shall then submit the application to the staff advisory committee at one of its regular meetings for its report and recommendations. Following a review of the application, the planning commission shall adopt a resolution stating their decision. Such decision is subject to the appeal provisions of Section 16.12.150.

Issuance.

If the planning commission determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, the planning director shall be directed to record a certificate of compliance with the county recorder.

If the planning commission determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, a certificate may be issued by the planning director contingent upon the completion of appropriate conditions. The planning commission may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created a parcel or parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the planning commission may impose such conditions as would be applicable to a current division of the property.

When the planning commission imposes conditions, he or she shall direct the planning director to file for record with the county recorder a conditional certificate of compliance.

The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the city or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of the real property pursuant to the provisions of this title.

Upon completion of the conditions, the owner shall notify the planning director. If the conditions are satisfactorily completed, the planning director shall then issue a final certificate of compliance.

(Ord. 573 Exh. A (part), 2005; prior code § 9-04.160)

16.20.170 - Subdivision violations.

Whenever the planning director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he or she shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the planning director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date and place at which the owner may present evidence to the city why such notice should not be recorded.

If, after the owner has presented evidence, it is determined that there has been no violation, the planning director shall file a release of the notice of intention to record a notice of violation with the county recorder.

If, after the owner has presented evidence, the city determines that the property has, in fact, been illegally divided, or within sixty (60) days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the city as to why the involved real property has not been illegally divided, the city shall record the notice of violation with the county recorder.

The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property in the general index.

(Prior code § 9-04.170)

16.20.180 - Parcel maps for urban lot splits.

Purpose and Scope.

This section implements Government Code Section 66411.7 to provide an owner of property in a single-family zoning district an additional method to subdivide the parcel for the purpose of housing development.

Urban lot split means the subdivision of an existing legal parcel in a single-family zoning district to create no more than two new parcels.

Application and Approval.

A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 16.32.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.

A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444—66450 and this section, and submitted for approval to the city engineer. A fee in an amount established by city council resolution must be paid concurrently with the submission of the parcel map.

The city engineer is the approval authority for parcel maps under this section. The city engineer shall approve a parcel map for an urban lot split if the engineer determines that it meets all of the requirements of this section.

The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this code and applicable state law:

A map of appropriate size and to scale showing all of the following:

Total area (in acreage and square feet) of each proposed lot;

Location and dimensions of existing and proposed property lines;

Zoning district;

The location and use of all existing and proposed structures;

All required zoning setbacks for the existing and proposed lots;

The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;

The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;

The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

Any area of the parcel that has a slope of twenty-five (25) percent or greater by way of contours at five-foot intervals;

Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;

Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and

Location of existing or proposed pedestrian pathway access to the public right of way.

A statement of the owner, signed under penalty of perjury under the laws of California, that:

The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

iii.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Section 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

iv.

Housing that has been occupied by a tenant in the last three years.

The parcel has not been established through prior exercise of an urban lot split under this section.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this section.

The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map.

Rental terms of any unit created in the subdivision shall not be less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one-day period of occupancy by the same tenant.

The uses allowed on a lot created by the parcel map shall be limited to residential uses.

Design and Improvement Requirements.

A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than one thousand two hundred (1,200) square feet.

Each parcel must be served by a separate water service meter and a separate sewer connection.

Each parcel shall either drain to a developed drainage easement or in accordance with the city's standard specification and engineering standards.

Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.

The parcel must satisfy the requirements of Government Code Section 66411.7(a).

A lot line shall not bisect or be located within four feet of any of the following:

A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map.

A structure designated as a historic structure or a candidate structure under any city ordinance or included on the state historic resources inventory.

A dwelling that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.

The location and orientation of new lot lines shall meet the following standards:

Front lot lines shall conform to the minimum public street frontage requirements of the Development Code; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.

Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection D.1, above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.

New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course.

Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than fifty (50) feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.

Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.

Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses.

Lot lines shall be contiguous with existing zoning boundaries.

The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Development Code.

Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

Access Standards.

Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:

Vehicle access easements serving a maximum of two units shall meet the following standards:

Easement width shall be a minimum of ten (10) feet and a maximum of sixteen (16) feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the city's standards.

ii.

The minimum length for a vehicle access easement is twenty (20) feet. No maximum easement length shall be set. If easement length is more than seventy-five (75) feet, a vehicle turnaround shall be provided.

iii.

No residential structure shall be closer than three feet to the easement.

Vehicle access easements serving three to four units shall meet the following standards:

Easement width shall be a minimum of twenty (20) feet.

ii.

iii.

No residential structure shall be closer than five feet to the easement.

Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:

Easement width shall be a minimum of five feet;

ii.

Pedestrian access easements shall not exceed two hundred (200) feet in length.

Vehicle access easements shall not be located closer than twenty-five (25) feet to an intersection.

Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.

Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the city's design standards, and the parking design standards in the Development Code.

Lots taking access by an easement must record a shared maintenance agreement for the driveway. The agreement shall be recorded prior to or concurrently with the final map.

Map Requirements.

The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444—66450.

The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.

The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.

The parcel map shall contain a declaration that:

Each lot created by the parcel map shall be used solely for residential dwellings;

That rental of any dwelling unit on a lot created by the parcel map shall not be less than thirty-one (31) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-one-day period occupancy by the same tenant.

Concurrent Processing With Other Ministerial Permits for Housing Development.

No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or accessory dwelling units in this code, or any other adopted objective design standards in effect at the time a complete application is submitted.

A building permit for development on an urban lot split cannot be issued until the parcel map is recorded.

The city engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Prohibition of Further Subdivision.

A lot created by a parcel map under this section shall not be further subdivided.

(Ord. No. 716, § 2, 6-28-2022)

Arroyo Grande City Zoning Code

CHAPTER 16

20 - LAND DIVISIONS

16.20.010 - Purpose and intent.

(Prior code § 9-04.010)

16.20.020 - Applicability.

All land divisions in the city as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this chapter.

(Prior code § 9-04.020)

16.20.030 - Consistency.

(Prior code § 9-04.030)

16.20.040 - Authority.

(Prior code § 9-4.040)

16.20.050 - Standards of land divisions.

Conformance.

The requirements set forth within this chapter are minimum requirements, and the city may impose greater requirements if so justified.

Applications for exceptions shall be made in writing to the planning director stating fully the reasons and justification for the requested exception and shall be filed with the tentative map.

Lots.

Side lot lines shall be at approximately right angles or radial to the street center line, except where terrain or other restrictions make such design impractical.

No lot shall be divided by a city, county, school district or other taxing agency boundary line.

Flag lots shall be permitted, even though they do not meet the minimum lot width requirements at the street boundary line, only in the following instances:

The lot width of the stem of a flag lot shall not be less than eighteen (18) feet.

Flag lots shall be approved only when they conform with the existing character of the neighborhood in which they are proposed to be located.

The proposed subdivision is a parcel map that creates four or fewer parcels.

Flag lots shall be utilized only in infill areas.

Table 16.20.050-A
Minimum Lot Size For Parcels with Slope Greater Than 7%

Topography	Minimum Area	Minimum Frontage	Minimum Average Depth	Ratio Maximum Depth to Width	Percent of Ground Surface to Remain in Natural State
7—15% slope	10,000 s.f. 20,000 s.f. for flag lots	80 feet	110 feet	3:1	20%
15—25% slope	20,000 s.f. 40,000 s.f. for flag lots	100 feet	150 feet	3:1	50%
25% and up slope*	N/A*	N/A*	N/A*	N/A*	100%*