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basic methods of installation
<br /> may be required:
<br /> 1) Aerial installa{ion in the
<br /> public street fight-of-way.
<br /> 2) Aerial installation in side
<br />
<br /> 3) Underground installation
<br /> in the public street ~ight-nf
<br /> way.
<br /> 4) Any approved "modifi.
<br /> ed" underground system or
<br /> combination of the first
<br /> three methods of installa.
<br /> tion.
<br /> Requirements regarding the
<br /> method of instanalion of
<br /> public utilities will be made
<br /> by the planning Commission
<br /> at the time of approval of
<br /> the tentative map. The pre-
<br /> cise location of the public
<br /> utilities, when required to
<br /> be p I a c e d underground,
<br /> shall be determined by the
<br /> utility company involved.
<br /> I1. Landscaping of the di-
<br /> riding island b e t w e e n
<br /> thoroughfare and frontage
<br /> road and between thorougb-
<br /> fare and back-up lot fence,
<br /> including an adequate per.
<br /> manent system for contin-
<br /> ued irrigation.
<br /> 10. Provisions shall be made
<br /> for any and Ifil railroad cros-
<br /> sings necessary to provide
<br /> access .to or circulation with-
<br /> in the proposed subdivision,
<br /> including the preparation of
<br /> all documents necessary for
<br /> application to the California
<br /> State Public Utilities Com-
<br /> mission for the establish-
<br /> ment and improvement of
<br /> such c~ossings.
<br />8.02 COMFI,~-rsON~ A complete
<br /> improvement plan "as built"
<br /> shall be filed with the Cfty
<br /> Engineer upon completion
<br /> of said improvements. Said
<br /> "as built" plans to be in
<br /> duplicate tracings on cloth
<br /> at a scale of 1" equals 40',
<br /> or 1" equals 50 feet, on
<br /> ~4" x ~" sheets with 2"
<br /> left margin. Upon receipt
<br /> and acceptance of said "as
<br /> built" plan, the City Engin-
<br /> eer will recommend formal
<br /> acceptance by the City Coun-
<br /> cil,
<br />
<br />8.0~ BENCh,,ARKS. Ele{ations
<br /> on Pleasanton City datum
<br /> shall be shown on the "as
<br /> built" improvement plans
<br />
<br /> ' X 908
<br /> for ail monument~ in the
<br /> subdivision.
<br />8.04 INSTAI.I.&TION OF UTII.-
<br /> ITY FACILITIES. Services
<br /> from public utilities where
<br /> provided and from water
<br /> mains and sanitary sewers
<br /> shall normally be made
<br /> available for each lot in such
<br /> manner as will eliminate the
<br /> necesstty for disturbing the
<br /> street pavement, gutter,
<br /> sidewalk and curb when ser-
<br /> rico connections are made.
<br /> ARTI(~E 0
<br /> MODIFICATION AND
<br /> APPEAL
<br />9.01 MODIFICATION OF PEO-
<br /> VISIONS OF ORDINANCE.
<br /> Whenever the land involved
<br /> in any subdivision is of such
<br /> size or shap, is subject to
<br /> title limitations, is affected
<br /> by topographical conditions,
<br /> or is devoted to such use
<br /> that it is impossible, im-
<br /> practical or undesirable to
<br /> conform fully to these reg-
<br /> ulations, or whenever the
<br /> applicable provisions of Sec-
<br /> tion 7.23 of this Ordinance
<br /> are met, the Planning Com-
<br /> mission may permit modi-
<br /> fication thereof as may be
<br /> reasonably necessary to con-
<br /> form to the spirit and pur-
<br /> pose of the Subdivision Map
<br /> Act and this Ordinance. Any
<br /> action of the Commission
<br /> relating to modifying the
<br /> provisions of this Ordinance
<br /> shall be subject to the same
<br /> right of appeal to the City
<br /> Council as any other deter-
<br /> minstion of the Commission
<br /> relating to subdivision maps.
<br /> No modification granted un-
<br /> der the provisions of this
<br /> Ordinance shall be constru-
<br /> ed as a modification of any
<br /> other City ordinance, par-
<br /> ticularly Ordinance No. 309.
<br />9.02 REFERRAL OF PROPOSED
<br /> I~ODIFICATION. Each pro-
<br /> posed modification shall be
<br /> referred to the appropriate
<br /> o f f i c e r who shall transmit
<br /> to the Commission his writ-
<br /> ten recommendation, which
<br /> shall be reviewed, prior to
<br /> the granting of any modifi-
<br /> cation.
<br />9.03 P,,E~OItT O F MODIFICA-
<br /> TION. In the event any mod.
<br /> ification is made, a written
<br /> statement of said modifica-
<br />
<br />10.1
<br />
<br />10.2
<br />
<br /> tion shall be transmitted to
<br /> the Council at the time of
<br /> approval of the subd/vision
<br /> map.
<br /> APPEAL. H the subdivider
<br /> is dissatisfied with any ac-
<br /> tion of the Planning Com-
<br /> mission wi~h respect to the
<br /> tentative map, he may, with-
<br /> in fifteen (15) days after
<br /> such action, appeal to the
<br /> City Council for a public
<br /> hearing thereon. The City
<br /> Council shall hear the ap-
<br /> peal upon notice to the sub-
<br /> divider and the Planning
<br /> Commission, unless the sub-
<br /> divider consents to a con-
<br /> tinuance, within ten (10)
<br /> days or at its next succeed-
<br /> ing regular meeting. The
<br /> City Council n~y sustain,
<br /> overrule or modify any rul-
<br /> ing or determination of the
<br /> Planning Commission, and
<br /> may make such findings as
<br /> are not inconsisten with the
<br /> provisions of the Subdivision
<br /> Map Act or of this Ordin-
<br />
<br />ARTICLE 10
<br />COMPLIANCF~ PENALTIES,
<br /> SEVEa%A~BH3TY
<br /> VOIDABILITY OF DEEDS
<br /> OR ~ONTRACTS VIOLAT-
<br /> ING ORDINANCE. A n y
<br /> deed of conveyance, sale or
<br /> contract to sell made con-
<br /> trary to the provisions of
<br /> this Ordinance is voidable
<br /> at the sole option of the
<br /> grantee, buyer or person
<br /> contracting to purchase, his
<br /> heirs, personal representa-
<br /> tive, or trustee in insolven-
<br /> cy or bankruptcy w~thin one
<br /> (1) year after the date of
<br /> execution of the deed of
<br />
<br /> to sell, but the deed of con-
<br /> veyance, sale or contract to
<br /> sell is binding upon any
<br /> assignee or transferee of
<br /> the grantee, buyer or per-
<br /> son contracting to purchase,
<br /> other than those above en-
<br /> umerated, and upon the
<br /> grantor, vendor or person
<br /> contracting to sell, or his
<br /> assignee, heir or devisee.
<br /> PENALTIES. Any offer to
<br /> sell, sale or deed of con-
<br /> veyance made contrary to
<br /> the provisions of this Ord-
<br /> inance is a misdemeanor,
<br />
<br /> and any perso/~, firm o~ cor-
<br /> poration, upon conviction
<br /> thereof, shall be punishable
<br /> by a fine of not less than
<br /> Five Hundred D o 11 a ,r s
<br /> ($500.00), or imprisonment
<br /> in the County jail for a per.
<br /> tod of not more ~ban six
<br /> (6) months, or by both fine
<br /> and imprisonment.
<br />
<br />10.3 SEVERABILIT~. If any sec-
<br /> tion, subsection, paragraph,
<br /> subparagraph, s e n t e n ce,
<br /> clause or phrase of this Or-
<br /> dinance is for any reason
<br /> held to be invalid or uncon-
<br /> ~stitutiensi, such invalidity
<br /> or unconstitutionality shall
<br /> not affect the validity or
<br /> constitutionality of the re-
<br /> maining portions of this Or-
<br /> dinance. The City Council
<br /> of the City of Phiasanton
<br /> does hereby expressly de-
<br /> clare th~ this Ordinance
<br /> and each section, subsec-
<br /> tion, paragraph, subpara-
<br /> graph, sentence clause and
<br /> phrase thereof would have
<br /> been adopted irrespective of
<br /> the fact that any one or
<br /> more of such sections, sub-
<br /> sections, paragraphs, sub-
<br /> paragraphs, sentences, claus-
<br /> es or phrases be declared in-
<br /> valid or unconstitutional.
<br />
<br />107, REPEAL. All ordinances or
<br /> parts of ordinances in eon-
<br /> flict with or inconsistent
<br /> with the provisions of this
<br /> Ordinance to the extent of
<br /> such conflict and no further,
<br /> are hereby repealed.
<br />
<br />10.5 EFFECTIVE DATE. T h i s
<br /> Ordinance shall be publish-
<br /> ed once in a newspaper of
<br /> general circulation printed
<br /> and published in the City
<br /> of Pleasanten, within fifteen
<br /> (15) days from and after
<br /> its adoption and shall take
<br /> effect and be enforced thirty
<br /> (30) days after its adoption.
<br />Introduced the 7th day of Janu-
<br />ary, 1963 by Councilman Cairo.
<br /> Passed and adopted the 4th day
<br />of March, 1963, on motion by
<br />Councilman Cairo, seconded by
<br />Coumfflman Harding.
<br /> Ayes: IMcW~lliams, Bubics,
<br />Long, Cairo, Harding.
<br />Noes: None
<br />Absent: None
<br /> Published Maroh 6, 1963.
<br />
<br />
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