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Home My WebLink AboutCC Ord 897 1973-03-12 .-- ORDINANCE NUMBER Jl? Z SUBDIVISION ORDINANCE ,.- I I r , -"- .0 -- ~-, II NO."..., " Ordi~ance,. N~er I ~~?Jln~~lOi'l 9.RDI}~_~,~jC~ ,INDEX , SECTION PAGE ~Q. ---- ARTICLE I --- I 1.01 Authority for Local Regulation~ 1 1.02 Advisory Agency 1 ARTICLE II ---- DEFINITIONS ----- 2.00 Definitions 1 - 4 ARTICLE III GENERAL REGULATIONS_ AND DESIGN 3.01 Conformity with Master, General or Precise Plans 4 3.02 Streets and Highways 4 3.03 Alleys 6 3.04 Improvements 6 3.05 Water Supply 8 3.06 Sanitary Sewers 8 3.0i Drainagp Facilities 8 3.09 Pedestrian Hays and Bridges 9 3.09 Lots or Building Sites 9 3.10 Bicycle Trails 9 3.11 Blocks 10 I 3.12 Partial Streets 10 3.13 Exceptions 10 3.14 5tater,lents with Tentati ve Map 11 3.15 Street Trees 12 3.1G Street Lighting 12 3.17 Street Si gns 12 .~D ARTICLE IV .11\ --- TE.NTATIVE MAP 4.01 Requirements 12 4.02 5i ze of Map 12 4.03 Information on Map 13 4.04 Required Fees - Filing of Map 14 4.05 Certific.ation of Owner 15 4.06 Procedul'e 15 ARTICLE V 5UBD~VISIQ!t - FOUR OR LESS LOTS 5.01 Area of Application 17 5.02 Improvements 17 I 5.03 Dedications 17 !i.0ol f'iling of Map 17 5.u5 Vaiidity of Con1ey~nce 18 5.06 ~,ssllrance of Iij'provemen<:. Ccp.'pl eti on 18 5.07 [nf!)rcement 18 5.08 Fees 18 ~ ,1 /; .~", , 'I SECTION 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 ,6.13 " 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 " Ordil).ance, Number , ' , i PAGt' .,,, -2.:1~. ' ARTICLE VI SUBDIVISION - FIVE OR MORE LOTS ---- Time Limit for Filing Reports to tho: Ci t:l Counc i 1 Evidence of Title Tract Map Checking fee Size and Content of Map Title Sheets Required Information Record of Easements Boundary and Monuments Surveying Data for Lots Dangerous Areas Exclusions Conformity of "Not-A-Part" Parcels to Plans Access on Created Land Access to Subdivided Land Limited A:cess Designation City or County Boundary Lines Natural Water Course Designation Restriction to Drainage Electrolier Energy and Maintenance Char~es Copies of Recorded l'lap Soil Reports ~lodel Homes Dedication of Parks and Recreation Land 18 1!J 19 19 19 19 20 20 20 22 22 22 22 22 22 22 22 23 23 23 23 23 23 24 I ARTICLE VII DEDICATIONS - Ir-1PROVEMENTS - AND IMPROVEMENT PLANS 7.01 Dedications 27 7.02 Improvements 27 7.03 Improvement Plans and Profiles 28 7.04 Assurance of Improvement Completion 29 ARTICLE VIII 8.01 Modifications 30 8.02 Change in Conditions 30 B.03 Validity 30 8.04 Penalty 30 8.05 Headings 30 8.06 City Clerk Certification 30 1- I, I I " . " ORDINANCE NUrHlER f/;7 AN ORDINANCE OF THE CITY OF SEAL BEACIl, CALIFORilIA, ~1Ef.lDING CHAPTER 21 OF THE r1UiHCIP:IL CODE PROVIDHlG REGULATIOiIS FOR THE SU8i1IViSION Or LAIID ~l~T:1IN THE CITY OF SEAL [lEACH f..NO FOR THE PREPARATIOil OF MAPS THEREOF. THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNI~, DOES ORDAIN AS FOLLOWS: ARTICLE I GENERft,L PROVISIONS SECTION 1.01. AUTHORITY FOR LOCAL REGULATIOtlS. Pursuant to the provisions of Chapter 2, Part 2 of Division 4 of the Business and Professions Code, State of California, referred to herein as the Subdivision Map Act and in addition to any regulations provided by law, the regulations herein- after in this ordinance contained shall apply to all subdivisions, parts of subdivisions hereafter made, entirely or partially within the CITY OF SEAL BEACH and this ordinance shall be known as The Subdivision Ordinance. SECTIO~ 1.02. ADVISORY AGENCY. The Planning Commission, as herein defined, is hereby designated as the Advisory Agency as that term is used in the Subdivision Map Act and is charged with the duty of making investi- gations on design and improvement of proposed subdivisions and is hereby authorized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared and filed according to this ordinance and the Subdivision Map Act and to specify the kinds, nature and extent of improve- ments to be installed in subdivisions. ARTICLE I I DEFINITIONS SECTIOll 2.01. DEFIIIITIOllS IN ACT. Except as otherwi se provi ded 'in this article, alf terms used in this ordinance \~hich are defined in the Subdivision I.lap Act are used in this ordinance as so defined unless from the context hereof it clearly appears that a different meaning is intended. SECTIOfl2.02. ALLEY. "Alley" shall mean a public way for pedestrian or vehicle use which affords only a secondary means of access to abutting properti es. SECTIotl2.03. ARTERIAL STREET. "Arterial Street" shall mean a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two or mOl'C intersecting secondary streets, in accordance with the City's Master Plan of Circulation. SECTIOil 2.04. ARTICLE. "Article" means an article of this ordinance unlesssome other statute or other ordinance is referred to. ~ECTIpN 2&5_. BICYCLE TRAIL. "Bicycll'! Trail" means a Dublic right-of- way notless Wan six (6) feet intended for bicycle use only ~/hich mayor may not be contiguous with other public riohts-or-way. SECT!O:1 2.05. BLOCK. "Block" snal1 Mei'n an area of land within a subdivisfr:-n-v:hfch area is entirely bo~nded DY streets, highl'/ays or ways, except a,lleys; or by streets, higlw/ays or l'IilYS, eJ'cept alleys and the exterior Doundary or boundaries of the subdivision. SECTIO~', 2.07. CITY. "City" means the City of Seal Beach, California. - 1 - . 1 I I Ord:i,nanct;! Npmber SECfIOi-l "l.D8. CONDOMWJUj.j. "U:li,CCi..;;;;Urol" is an estate in ","eai l-"~oper'ty consi5ting,of an undivided interest in common in a portion of a parcel of real property, together with a 5eparate int~r~st in space in ij rp.~idential, industrial or commercial building on such real property, such as an apartment, office or store. A "condominium" may include, in addition, a separate interest in other portions of such real property. SECTION 2.09.. CITY EN'; Ii:EER . "Ci ty ["!I; nee;'" ref~rs to the Ci ty Engineer of the City of Seal Beach, an apoointec of the City Manager of said City. SECTION 2.10. CITY STAiIDAROS. "City Standards" refers to Standard Streets and Highway Plans, Standard Street and Highways Specifications, Water Standard Plans, Water Specifications, Sewer Standard Plans, and Sewer Specifications, and all Ordinances therefore as adopted by the Council. SECnOlI 2.11. COMI4ISSIOil OR PLANNING COMrUSSIOil. "The COllll1ission or Planning ComnJission" shall mean the Planning Commission of the City of Seal Beach. Commission shall mean the same as Advisory Agency. SECTIO:1 2.12. CUL-DE-SAC STREET. "Cul-de-sac Street" shall mean a street enlarged at its terminus, which provides an adequate turning radius for vehicular traffic. SECTION 2 .13. DEAD-END STREET. "Dead-end Street" shall mean any street or way having only one outlet for vehicular traffic, but not termi- nating in a cul-de-sac. SECTION 2.14. DIRECTOR OF PLAIlNING. "Director of Planning" refers to the Secretary to the Planning Co~~ission for the City of Seal Beach as authorized by Chapter 3, Title 7 of the Government Code SECTION 2.15. EASEMENT. For the purpose of this chapter an "easement" is a grant by the property owner of use by the public of a defined portion of land for specific purposes. SECTION 2.16. FINAL r-<.AP. "Final map" means a subdivision map prepared by or-under the direction of a licensed land surveyor or registered civil engineer in accordance with the provisions of the Subdivision Nap Act of the State of California and all applicable codes of the City of Seal Beach which map is designed to be placed on record in the Office of the County Recorder. SECTION 2.17. FLOOD CONTROL l-JORK. "Flood Control Work" or drainage work s~ include all means of conveying or storing storm waters, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes, and authorized or existing flood control channels. SECTION 2.18. FLOOD HAZARD. "Flood Hazard" means overflow water having sufficient velocity to transport or deposit debris, to scour the surface soil, or to dislodge or damage buildings. It also means erosion of the banks of watercourses. SECTION 2.19. FREE~IAY. "Freeway" shall mean a street designated as a "Freeway" by the California State Division of Highways or other Govern- mental Agency. SECTIOII 2.20. GENERAL PLAN. "General Pl an" means those documents, both written-and graphic, including the land use, public facilities and circulation elements as adopted and amended by the City Council as a statement of development policies. SECTION 2.21. I11PROVEr-lEHTS. For the purpose of this chapter, "im- provements II sha 11 be construed to be the constructi on of streets, i ncl udi n!! excavation, paving, curbs, gutters and sidewalks; sewers, including con- ' struction of main lines, house connections and structures; street lights; str'eet signs: the construction of water mains and fire hydrants and house laterals; drainage facilities, street trees, and any miscellaneous construction requirements. All such improvements shall conform to the City of Seal Beach standards and specifications. - 2 - 1 1 I Ord.inan~,e Number SECTION 2.22. WDUSTRIAL SIntEr. "In:jll~trial Street" shall mean a streeCprinlarny intended fer pedestrian and vehicular access to abutting properties used for industrial purposes. SECTION 2.23. HlUiW,Il,TIml. "Inundation" means ponded ~/ater or \1ater in motion of sufficient deptn to da~age rrcoerty d~e tQ the mere presence of water or to deposit~on of silt. SECTIO;l 2.24. KEY LOT. "Key Lot ,. sha 11 mean a lot, the side 11 ne of whi~h adjoins the rear line of one or more adjoining lots. SECTIOll 2.25. LICEflSED SURVEYOR. "Licensed Surveyor" means a person registered by the State of California, in accordance with Chapter 15, Division 3, of the Business and Professions Code, who practices or offers to practice land survC!ying. SECTION 2.26. LII<IITED VEIiICULAR ,~CCESS RIGHTS. "Limited Vehicular Access Rights" means reservation of the right, easement or access of owners or occupants of abuttinq lands, to a public way, for vehicular use, except at points specifically designated on the final map. SECTION 2.27. LOT. "Lot" means a defined portion of a subdivision or any pa rce 1 of real property. , SECTION 2.28. LOCAL STREET. "Local Street" shall mean a street intended wtiolly or principally for traffic originating or terminating at residential properties within the immediate vicinity of said street. SECTION 2.29. PAD ELEVATION. "Pad Elevation" shall mean the final or finished design grading plane of the building site area of a lot. Such elevation shall also be that elevation used to control the elevation of the finished floor. SECTION 2.30. POSSIBLE FLOOD HAZARD. "Possible Flood Hazard" means possiDre extension of areas denoted as subject to "Flood Hazard," also the uncertainty of degree or extent of bank erosion. SECTION 2.31. MASTER PLAN. "Naster Plan" means a Master or General Plan, or any element thereof, adopted by the City; and as defined in the Conservation and Planning Law, Articie 7, of Chapter J, of Title 7 of the Government Code, State of California. SECTIOI~ 2.32. ~lAY. "t4ay" is permissive. SECTIOil 2.33. PARCEL OF LAND. "Parcel of Land" means a contiguous quantity of land or real property in the possession of, or owned by: or recorded as the property of the same claimant or person. SECTION 2.34. PERSON. "Person" means any individual, firm, co- partnership, joint adventure, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political su~division, or any other group or combination acting as a unit. SECTIOil2.35. PlHlLIC H^Y. "Public Way" includes street, hiQhway, avenue, boulevard, p~,rk~/ay. road, lane, \1alk, alley, channel, viaduct, subway, tunnel, bridge, rublic easement, public right-of-way and other ways in which a pu~lic agency has a proprietary right. SE~TJ01'L3.:36. RE(lISTERED CIVIL ENGINEER. "Registered Ci...n Engineer" means a pNfessional engineer registered by the State of California, in ac- cordance with Chaptel. 7, Division 3 of the Uusiness and Professions Code, , who practices or offers to practice civil engineel'ing in any of its phases. This shall also include a structural engineer registered by the State of California. - 3 - 1 1 I Ordinan~e..Nu!'lber SEt:TIOfI 2.37. SECTION. "Secti en" means a secti on of thiS Ordi'n~nce unless sonlestatute or other ordinance is referred to. ' SECTIOiI 2.38. SHALL. "Sha 11" is mandatory. SECTION 2.39. SHlGULAR-PLURAL. Hords used 'in the singul ar number incluae the plural and ~Iord, used in the plural nllffiber include the singular. SECTION 2.40. SERVICE ROAD. "Service Road" shall mean a street adjacent to a Freeway or primary street, and separated therefrom by a dividing strip, which provides the primary means of access for vehicular and pedestrian use to abutting properties. 'SECTION 2.41. STREET. "Street" shall mean ii public way which provides for abutti ng properti es a primary means of access for vehi cul ar and pedestrian traffic. SECTIOi~ 2.42. SUBDIVISION. "Subdivision" refers to any real property improved or unimproved or portion thereof, or condominium project shown on the latest county tax roll as a unit, or as contiguous units, which is divided for the purpose of sale or lease, or financing, whether immediate or future; by any subdivider into two or more parcels or condominiums, provided that this shall not apply to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building, or trailer park. SECTIOil 2.43. SUBDIVISION ~lAP ACT. "Subdivision Map Act" shall mean the latest revision of that portion of the Business and Professions Code of the State of California entitled "Chapter 2, Subdivision Maps." SECTION 2.44. STREET. "Street" means a ri~ht of way for primary vehicular access, publicly maintained and for public use, constructed in accordance with standard plans approved by the City and on file in the Office of the City Engineer. SECTION 2.45. TENTATIVE MAP. "Tentative Map" means a subdivision map prepared by or under the direction of a licensed land surveyor or a registered civil engineer showing the intended subdivision of a parcel of land, as well as the existin~ conditions in and around it. SECTIOIl 2.46. VEHICULAR ACCESS RIGIITS. "Vehicular Access Rights" means the right, easement or access of the owners or occupants of abutting lands to a public way other than as pedestrians. SECTIOi~ 2.47. WALKHAY. "Wal kway" shall mean a passage way intended for pedestrian use only. ARTICLE II I GEi~ERAL REGULATIOfIS Aim DESIGI~ SECTIOi~ 3.01. CONFORMITY WITH ~lASTER, GEtIERAL. OR PRECISE PLANS. A subdivision plan shall conform to the Master Plan of Streets and Highways, the Master Plan of Drainage, and all other Master or Precise Plans adoptpd by the City of Seal Geach. SECTION 3.0~. STREETS AND HIGHWAYS. A. RIGHTS-OF-IJAY, CErmRLIrlE RADU, AND VEIIICULAR ACCESS CONTROL. I 1. ARTERIAL STREETS. I (a) t4ajor Hi ghway - One hundred and twenty (1201 feet of right of way improved with a six-lane divjded highway. Restricted vehicular access from abutting properties. I - 4 - 1- 1 I Ordi,nanc,? Number ; , ,. (b) Priulary iiigh\'lilY - Or'~ hundred (00) fet',t of'right of way improved with a four-lane divided hi!lhVlay. Restricted vehicular access from abutting properties. (c) Seccndary Hil)l1\'!aj - Eighty (80) feet of right of way improved ~Iith a four-lane high\lay. P.estl'ictec: vehicular access from abutting properties. 2. LOCAL STREETS. Sixty (60) feet of right of way improved with a forty (40) foot roadway. Centerline radius shall be not less than four hundred (400) feet. Exception: Streets \~hich cannot be extended to a length of more than 1/4 mile may have a centerline radius of two hundred and fifty (250) feet. 3. INDUSTRIAL STREET. Eighty (80) feet of improved right of way. 4. CUL-DE-SAC ~TREET. Fifty-six (56) feet of right of way improved with a thirty-six (36) foot roadway. Centerline radius shall be not less than two hundred and fifty (250) feet. Length of street from centerline intersections to radius point of cul-de-sac shall ue not more than five hundred (500) feet. The terminal property line radius shall be such that the parkway strip shall not be reduced in width. 5. SERVICE ROAD. Forty (40) feet of right of way in addition to the ultimate right of way of the street such service road shall be parallel to. The service road shall be se~arated from an arterial highway by a raised median strip. The service road shall provide the primary means of vehicular access to abutting properties. B. STREET GRADES. The grades on all City streets shall be as foll Ol~s: 1. ARTERIAL STREETS. The City Engineer shall establish the minimum curb and street grade on all arterial streets. He shall make this information available to all interested parties. 2. CONTROLLED TOPOGRAPHY STP.EETS. In the event topographical conditions, necessity to join existing elevations, or other exceptional cir- cumstances prevail; the City Engineer may permit street or curb grades less than two tenths of one per cent (0.2%). Note: The high cost of importing fill material. making the oresent development of a particular parcel of ground uneconomical, shall not be considered controlled topography nor valid justi- fication for a departure from the established minimum grade. 3. ALL OTHER STREETS. The curb or street grade on all other streets shall be a minimum of tl'/O tenths of one per cent (0.2%). 4. r1AXIf.'U~1 GRADE. The maximum grade, unless topographical conditions make a lesser grade impractical, ~hall be six per cent (6.0%). C. INTERSECTIOI'JS. I 1. . HIGHHAY CORNER CUT -oFFs.1 At the i ntersecti on of arteri a 1 highways and the intersection of locul streets with arterial hi~hways shown on the t1aster Pl an of Arteri a 1 Iii gh~/ays there shall be a prooerty 11 ne corner cut-off. Thi s cut-off shall be the chord drawn between the i ntersecti on points of the curb radius lines of a thirty-five (35) foot curb radius with the street property lines. - 5 - 'I 1 I' ord~na~c~ N~ber , ' , 2. STREET CORiJER PAOli. At the intersections ,of lor-,n stree~s 'the corner property line radius shall be designed 50 as ,lot tl.o reduce the parblay \~idth of i;h~ ~a;.ticul,:;' s::~'~et or high\!ilY bclOl'1 the City Standard when using a minimum curb radius of twenty-five (25) feet. 3. IrlTERSECTION ANGLE. Streets shall intersect at an angle as nearly a right angle as practicable. D. CONTINUATION OF EXISTING STREETS. Streets which are a con- tinuation of streets in contiguous territory shall be so aligned as to assure that their center lines shall coincide. In cases where straight continuations are not physically possible, such center line shall be continued by curves. SECTION 3.03. ALLEYS. A. MINIMUM WIDTH. The minimum width of alleys used for resi- dential property shall be twenty (20) feet. The minimum width for commercial or industrial purposes shall be thirty (30) feet. B. ALLEY INTERSECTIDrJS. vlhere tLo alleys intersect, a triangular corner cut-off of not less than fifteen (15) feet along each alley line shall be p'~ovided. C. DEAD-END ALLEYS. Where a dead-end alley is designed, an adequate turnin9 area shall be provided to accommodate a truck having a thirty-five (35) foot turning radius. This shall be such that said truck shall be able to turn around with only one backing movement. This turn-a- round shall be eliminated only under the circumstances of a previously adopted precise plan of record providing for the alley extension. D. PROVISIOU FOR ALLEYS. Commercial and Industrial Use fllleys shall be required in the rear of all lots used or intended to be used for business or industrial purposes, unless adequate off-street parking areas and service loading and unloading areas to serve such properties are securely reserved for such use and are shown upon the map and aoproved by the City in the manner herein provided. In single family residential areas, the use of alleys shall be prohibited. In all other r~sidential areas the use of alleys as a means of vehicular access is to be discouraged and may be cause for disapproval of a tentative map. SECTION 3.04. IMPROVEMENTS. A. REQUIRED IMPROVEMENTS. The minimum improvements which the subdivider will be required to provide at the developer's sole cost and or furnish security as described in Section 7.04, prior to the acceptance and approval of the final map by the City Council shall be the installation of the following, which shall be constructed to the standards, specifications and grades herein described. 1. Adequate water distribution lines for fire protection and a domestic water supply to each lot. 2. Sewage collection system. 3. Adequate drainage of the subdivision including any necessary storm drains. 4. Adequate circulation within or to the subdivision including streets, highways or alleys. 5. Adequate grading and surfacing of streets, highways, ways and alleys. 6. Curbs and gutters, cross gutters and sidewalks. 7. Survey monUMents. - 6 - 1 1 I ordinance ,Number : Engirto:!er. , . 8. Fire hydrdnts dt 1cc:ations designated by the City, Engineer. 9. Street nanle signs, at locations designated by the City 10. Barricades ana safety devices 1S determined to be necessary by the City f.ngineer. 11. Ornamental street lights as determined to be necessary by the City Engineer. 12. Underground electrical and communications distribution .systems. 13. Solid perimeter fencing six feet in height around the entire subdivision. 14. Traffic regulatory signs as required by the City Engineer. 15. Street trees as required by the City Engineer or the payment of a fee in lieu thereof. ,- 16. A system of bicycle trails as described herein. " 17. Landscaping of public open space as required by the City Engineer. I All such improvements shall conform to the standards and specifications established by resolution of the City Council. ' [I. DEDICATED AREAS - !f,lPROVENENTS. All streets and street improvements, highways, bicycle trails, or parcels of land shown on the final map and intended for any public use and maintenance shall be offered for dedication to the City. 1. Streets or portions of streets may, at the discretion of the City, be required to be offered for dedication even though the im- mediate acceptance of dedication and improvement is not required, but where it is necessary to insure that the City can later accept the offered dedi- cation when said streets are determined to be necessary for the future development of the area or adjacent areas. 2. The subdivider shall improve, or a~ree to improve, all land dedicated for streets, hi9hways, public ways, bicycle trail~, and easements as a condition precedent to acceptance and approval of the final map when the areas of abutting lots are an acre or less, and such- improve- ments may be required of thc areas of abutting lots exceeding one acre each. Such improvements shall include those required in Section 3.04.A. 3. All street, sewcr, drainage and water improvements shall be installed to grades approved by the City Engineer. 4. Plans, profiles and specifications showing full details of the proposed improvements shall be submitted to the City Engineer for approval. 5. If required, a faithful performance bond in an amount set by the City Engineer and form approved by the City Attorney shall be posted prior to City Council approval of the tract map. C. AVOIPAilCE OF Dr.EAKIiIG STREET PAVING. Any underqround utility or service lines required to be installed as a part of the subdivision and which run across or underncath the riqht-of-way of any street, alley, or way shall be installed prior to the preparation of sub-grade and prior to the surfacing of such street, alley or way. In the event that the develooment of the subdivision requires the utility comoany to perform utility construction work, the developer shall pay a deposit satiSfactory to the utility comoany within sufficient time to permit construc.tion work to be performed prior to sub-grade preparation. In no event shall sub-grade preparation commence before installation of a11 necessary utilities and laterals. - 7 - 1 I I ord.i.na~c~ N,umber , ' : D. PUGLIC UTILIlY FACllITtES. All distribution lines individual 'service lines for electrical pOl'!er, telephone service', cable television shall be insta1'ie:d undo;.'yrou/ld. and and SECTION 3.05. WATER SUPPLY. A. SOURCE. Water shall ~e provided frJrn the water system of the City of Seal Beach or other approved source. B. FEES. 1. WATER STORAGE FWiD CHARGE. All water storage fund charges shall be paid in accordance with ordinances established by the City of Seal Beach. 2. METERS. All meter fees shall be paid to the City of Seal Beach prior to issuance of any certificate of use and occupancy. C. IMPROVEMENTS. Water mains shall be constructed to serve each lot within the development area and shall be of such size and design as approved by the City Engineer. Fire hydrants, valves, tees, meters, curb stops, house connections and other pertinent construction shall be provided at the cost of the developer and shall be installed in accordance with the Water Ordinance, City Standards, and as directed by the City Engineer, D. NECESSITY. No certificate of use and occupancy will be issued on any structure until such property is properly connected to domestic water source of the City of Seal Beach or approved service through a metered supply. E. DEDICATION. The domestic water system shall be dedicated to the City of Seal Beach at the time of approval of the final map. SECTION 3.06. SANITARY SEWERS. A. SOURCE OF SERVICE. Sewage disposal shall be by sanitary sewer service supplied by the system of the City of Seal Beach. B. FEES. All necessary sewer fees established by the City of Seal Beach shall be deposited with the City prior to approval of the final map. C. IMPROVEMENTS. Sanitary sewers, appurtenances, and service connections shall be constructed to grades, size and design in ac- cordance with Sewer Ordinance, City Standards, and as directed by the City Engineer. D. DEDICATIO~. The sanitary sewer system shall be dedicated to the City of Seal Beach at the time of approval of the final map. SECTION 3.07. DRAIi~AGE FACILITIES. A. REQUIREr~ErITS. No final map shali be approved unless all elements of the Master Plan of Drainage lying within or contiguous to said tract have been constructed and all necessary rights of way for elements of said Plan dedicated or vested in the City of Seal Beach. B. FEES. All necessary drainage fees established by the City of Seal Beach shall be deposited with the City prior to approval of the fir.al map. C. IHPROVEMENTS. The subdivider shall construct all elements of the '-laster Plan of Drainage ~Ihich lie in or are contiguous to the tract. ,D. ONSITE IMPROVEME:lT. It shall be the responsibility of the sub- divider to construct all catch basins, storm drain laterals, junction chambers, and drainage facilities necessary or Dertinent to interceoting all that surface water that has historically arrived onto and diSCharged from his property and conveying that ~Iater to a satiSfactory point of disposition in the City Storm Drain System. - 8 - 1 I I Ordinance' Number : SECTIQi'l .3.08. '--- --- PEDESTRl.b,:1 ~I,iYS NW OR IDGES. A. NECESSITY. Pedestrian \~ays and pedestrian bridges shall be requ ired vlhen it is detenllined they arE' necessary for access to schools, recreation or other public areas. B. IMPR)VEl-IEiJrS. The developer shall improve such pedestri an ways with block walls, COllcrllte sidewalk, iiY'idges, and as directed by the City Engineer. C. DEDICATION. Pedestrian ways shall be dedicated in fee to the City of Seal Beach and shall be not less than eight (8) feet in width. Said dedication shall be in such a fornl as to be available for any municipal use. D. USE. Easements dedicated for pedestrian use shall not be granted for surface drainage pur'poses. Separate easements shall be ~ranted for drainage purposes. Said easement shall be subject to the City's right of use as set forth in "C" abov~. SECTION 3.0~. BICYCLE TRAILS. A. A system of Bicycle Trails shall be planned and develooed to serve the needs of the residents of the subdivision and shall be functionally integrated with the City and County Master Plan of Bicycle Trails. Bicycle Trails shall be clearly delineated, paved an,d no less than six (6) feet in width. I B. DEDICATIO~. Bicycle Trails shall be dedicated in fee to the City of Seal Beach. I SECTIOil 3.1Q.. LOTS OR BUILDING SITES. For areas and dimensions of minimum building sites, see Planning and Zoning Appendix with the exception of the following: A. RESTRICTION. 1. Approval of a lot having no frontage on a public street may be conditioned by the Planning Director and City Engineer. Such a lot may be cause for disapproval of a subdivision. 2. r~o lot shall be divided by a County, City, or School District boundary line. B. SIDE LWES. The side lines of lots shall be approxirr.ately at right angles to the street on straight streets and shall be approximately radial on curved streets. C. LOTS OR BUILDING SITES LARGER THAN REQUIRED. When lots or parcels twice or more than the required area or width are shown on a sub- division such lots or parcels shall be of such size as will be practical to divide them into minimum allo\~able building sites as established by Ordinance. D. CORNER LOT-SIDE YARD VEHICULAR ACCESS. Vehicular access across the side yard of a corner lot shall be approved only on the condition that the garage shall have a set-back of eighteen (18) feet minimum. E. EXCEPTION. This section does not apply to any lot or parcel which the subdivider offers to dedicate to the City or any public agency or district, nor does it apply where the Commission determines special circum- stances make it unreasonabl e because of topography, 1 ocati on or sped fi c use. F. GRADING. 1. mllIHU~l SLOPES. The minimum rate of orade of all drainage swales on lots shall be one-half of one per cent-(0.5%). - 9 - 1 I I Ord.in~nc;:e ~umber , , 2. PAD ELEVAfIOi! - f1!;SIDENTIAL. The buildin~ 'pad e'levation of residential lots shall be established at a minimum of ten (10) inches above the design sidewalk eievacion at the low side of the lot. The finished floor elevation of slab floor houses shall be a minimum of sixteen (16) inches above said sidewalk elevation. Further, the oad elevation of all residential lots shall be established at 1t~ast one (1) foot above the design water surface in an adjacent storm drain channel (,r the ponded surface in an adjacent sump for collection of storm drain water:. An exception to this rule n~y be permitted in the cas~ of a tract $erv~J by a storm drain pump statio,n. 3. DRAINAGE SCHENE. No inter-lot or "cross-drainage" shall be permitted. All lots shall drain their own water to the public street, public drainage facility, or natural drainage course without passina through or across an adjacent lot. No lot shall drain water over the bank of a flood control channel. 4. GRADING PLAil. Prior to the final submission of the record map for approval of the City Council, a grading plan prepared by a Registered Civil Engineer and signed by him shall be submitted to the City Engineer. Such plan shall show the elevations of the natural ground at all lot corners, the finished grade at such corners, the finished pad elevation, the finished floor elevations, rates and direction of all drainage swales, and finished sidewalk elevations at all front lot lines. 5. EXCEPTIONS. Specific exceptions to the above requirements may be authorized at the discretion of the City Engineer. Such exceptions are considered to be the case of an individual lot or at most a tier of lots and are not to be construed as extending to an entire subdivision. SECTION 3.11. BLOCKS. A. Blocks less than three hundred and thirty (330) feet in length or more than nine hundred and ninety (990) feet in length, may be cause for disapproval. In no case shall a block be longer than 1,320 feet. B. Cul-de-sac blocks shall be a maximum of five hundred (500) feet from centerline intersection to radius point of the turn-a-round. SECTION 3.12. PARTIAL STREETS. This section applies to streets paral- leling and contiguous with a tract or parcel boundary. It does not apply to arterial or previously adopted ,precise plan streets. A. MIllU1Ul4 ~JIDm. The minimum width of a paralleling contiguous street proposed along a parcel boundary shall be forty (40) feet. n. PRECISE PL~~. The approval of any final map showing the creation of a partial street along a parcel boundary shall not be granted until a precise plan providing for the balance of the right-of-way has been adopted by the City Council. SECTION 3.13. EXCEPTIOUS. A. Conditional exceptions to the regulations herein defined may be authorized if exceptional or sDecial circumstances anply to the property. Such special circumstances may include limited size, unusual shape, industrial development, extreme topography dominating drainage probl ems, impractabil ity of employing a comprehensive plan or layout by reason of prior existing recorded subdivision of contiguous properties or is subject to such regulation by the Zoning Ordinance. , The Planning Commission may make such modifications thereof as are reasonably necessary or expedient, provided that the modification is in conformity with the spirit and intent of the Subdivision Map Act and of this Article. - 10 - 1 1 I Ordinance Number . , ,B,. When a Zone Change and Preci se Pl a~ has been gran:ted Tor a planned development in any District, and said "Planned Development" is sub- divided, exceptions to certain subdivision standards may be approved by the Planning Commission and/or the City Council on a tentative subdivision map. 1. Exceptions to the requirements and regulations relating to lot size, width and shape may be pemlitted whero: , a. An open space or recreational area is to be provided for the use and benefit of all of the d\~elling units in the development, and b. The total land area of the development divided by the total number of dwelling units provides an average building site area per dwelling unit equal to or more than that required by the regulations of the base district in which the development is located. Total land area of the developr.1ent shall includt! the land area of the open spaces, private driveways and walkways and recreational areas but shall not include any land area being set aside for public streets ri~hts of way. 2. Exceptions to the requirements that lots abut on a street may be permitted when: a. Adequate and permanent access from a street to each family dwelling unit is provided for pedestrian and emergency vehicles, and b. Adequate and permanent provisions for two (2) ac- cessible, enclosed automobile storage spaces, each not less than ten (l0) feet by bJenty (20) feet, are assured for each single family dwelling unit. 3. HAIHTENANCE OF OPEII SPACE. As a condition of approving the subdivision of a planned development or Precise Plan and granting the modifications to the standard subdivision requirements, the subdivider shall present in writing with the tentative maps, the means by which the preservation and permanent maintenance of the open spaces or recreational area is to be accomplished and the payment of all taxes th~reon assured. No exceptions to the standard subdivision requirements shall be permitted unless the Planning Commission with approval of the City Councill determines that the subdivider has adequately orovided for such maintenance: and payment of taxes. SECTION 3.14. STATE~1EllTS WInl TENTATIVE NAP. The tentative map shall be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters: 1. Subdivision development plan. 2. Source, quality and an estimate of available quantity of domestic water supply. 3. Type of street improvements and utilities which the subdivider proposed to install. 4. Proposed method of sewage disposal. 5. Proposed storm water sewer (grade and size). 6. Protective covenants to be recorded and filed with the Planning Commission. 7. Proposed tree planting. 8. Environmental Impact Statement based upon guidelines established by the City Council. - 11 - 1 I I Ordinance Number , , SECTION 3.15. STREET iREES. street trees s~Jall be requil'ed o.nr.4' plantZClo ~ccordance with specifications estdblished by the Pub1ic Works Department. A ~3.0:J insp;;:::~icli reI; \-lill be Chil/'gilcl for the installation of every tree. The fee is pdyable upon approval of the final tract map. SECTIOi~ 3.16. STREET LlGIITIllG. Underground lighting system with orna- mental light standal'ds shall be installed and the design, layout and location shall be approved by the City Engineer. SECTION 3.17. STReET SIG:'lS. The subdivider shall provide street signs on all streets within the subdivision as required and approved by the City Engineer. ARTICLE IV TENTATIVE HAP SECTION 4.01. REQUIREMENTS. A. SUBDIVISIOil OF FOUR OR LESS LOTS. 1. Any person desiring a single parcel to be divided into less than five (5) lots. shall first cause to be filed with the Plannina Com- mission not less than six (6) copies and a reproducible original of a scale drawing showing the lot. Said drawing shall be prepared by a Licensed Land Surveyor or Registered Civil Engineer. B. SUBDIVISION OF FIVE OR NORE LOTS. The subdivider shall file with the Planning Commission twenty (20) or more copies of the tentative map. When such required copies of a tentative ~ap are filed, the Secretary of the Planning Commission shall ililnediately forward a minimum of one (1) copy to each of the following, as necessary, with a request that each report their recommendations in writing ~Iithin t~lenty (20) days to the Planning Commission: 1. 2. 3. 4. Planning Commission of the City of Seal Beach. Any Municipality entitled thereto. Director of Public Works/City Engineer. The School D1strict in which the proposed subdivision is located. 5. 6. The District Engineer of the Division of Highways. Any other public agency or officer having an interest in the proposed subdivision. County Planning Commission. County Health Officer. County Fire Control Officer. Division of Real Estate of the State. SIZE OF MAP. 7. 8. 9. 10. SECTIOi~ 4.02. A. SUBDIVISION OF FOUR OR LESS LOTS. 1. The map sha 11 be 1 egi b 1 y drawn to scale on sheets not less than eight and one-half (&.) inches wide by eleven (11) inches long. Such map shall be of vellum or other material suitable for reproduction. - 12 - 1 I I Ordinance Number , , ' , 8.. , SUI3DIVISIOil OF FIVE or, ~iOKE LOTS. 1. The size of the tentative map or maps shall be a minimum of eighteen (HI) inches by tl-/enty-six (26) inches or may be any dimension sufficient to shol'l the entire subdivision on one sheet, at a scale not less than one hundred (100) feet to the inch. SECTION 4.03. INFOro~ATION ON MAP. A. SUBDIVISION OF FOUR OR LESS LOTS. lhe map shall contain the following information: 1. Sufficient legal description and dimensions of the land to define the boundary thereof. 2. Names, addresses, and telephone numbers of the record owner, developer and Licensed Land Surveyor or Registered Civil Engineer preparing map. 3. North point, scale, date and area of tract. 4. The width and approximate locations of all existing or proposed easements or rights-of-way, whether public or private for roads, drainage, sewers, or flood control purposes. 5. The layout of the parcels proposed and the dimensions of each. The new parcels created shall be designated parcel A, parcel B, parcel C and parcel D. 6. The location of each existing building or structure above ground in relation to the parcel lines to be created. 7. The location of existing wells, cesspools, irrigation lines and underground structures noting thereon whether or not they are to be abandoned, removed or used. 8. Proposed use of parcel. B. SUBDIVISION OF FIVE OR MORE LOTS. The map shall contain the following information: 1. The tract number. 2. Sufficient legal description of the land included on the map to define the boundaries of the tentative tract. 3. Names, addresses, and telephone numbers of the record owner, developer and Licensed Land Surveyor or Re~istered Civil Enqineer preparing map. 4. North point, scale, date and area of tract. 5. The width and approximate locations of all existing or proposed easements or rights-of-way, whether public or private for roads, drainage, sewers, or flood control purposes. 6. The actual street names of each existing highway or street shol~n on the tentative map. 7. The locations, widths and approximate ~rades of all hi9hway~, streets, alleys, or ways within and adjacent to such tentative map. 8. The lettered desi~nation for each proposed hi~hway or , street shol'ln on till! tentative map. 9. Approximate radius of all centerline curves on highways, streets, alleys or ways. - 13 - 1 I I Ordina.nce Number , , , 10. The lot layout, i:hf.! approximate dimensions 'of ea(;~ lot, and a' nUP.lbe'r for each lot. 11. The locations of all areas subject to inundation or flood hazard and the locations, width and directions of flow of all water courses and flood control channels. 12. The contour of the land at intervals of not more than one-half (~) foot if the general slope of th~ lan~ is less than ten (10) per cent or of not more than five (5) feet if the yeneral slope of the land is more than ten (10) per cent, 13. The location and outline to scale of each building or structure above ground noting thereon whether or not such building or . structure is to be removed from or remain in the development of the subdivlsion. 14. The location of existing wells, cesspools, sewers, culverts, 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. 15. 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. subdivision. 16. The location of any previously filled areas within the drainage. 17. Proposed direction of flow and rate of grade of street 18. Statement of the present use and the proposed use or uses of the property. 19. Tract numbers of adjoining subdivisions. 20. The tentative map shall clearly indicate the proposal for handling of storm waters. 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 proposa 1 . 21. The tentative map shall clearly show the method of sewage di sposa 1. In the event that such i nformati on cannot sati sfactori ly be shown on the tentative map, the map shall be accompanied by \~hatever supplemental maps or written reports are necessary to show the proposal. SEcnOll,4.04. REQUIRED FEES. Filing of Tentative. A. SUBDIVISION OF FOUR OR LESS LOTS. 1. For each subdivision, a fee of ten dollars ($10.00) shall be paid at the time of filing the application. If such lot or parcel is to be divided into more than two lots, an additional fee of five dollars ($5.00) shall be required for each additional lot above two (2). B. SUBDIVISION OF FIVE OR MORE LOTS. 1. The tentative map filing fee shall be a minimum of twenty- five dollars (S2S.0Q) and two dollars ($2.00) per lot. Such fee shall be calculated on the numbered lot count shown on the tentative maD as first fil ed. 1J0 refund sha 11 be r.lade because of any reducti on in numbered lots caused by any revision or re-design of the plan for the same parcel of property. - 14 - 1 1 I OrdinaI;1ce N)lmber When the number of lots is increased on the same "arcel of property caused by rc',oi si OIi' Qt' re-desi gn of the property, the lot count shall be recompl<ted ami dll (\":u~Lional blo dollars ($2.00) per numbered lot in excess of the total of the tentative map as fir~t filed, shall be paid. ~/hen additional property is added to a tentative map, previously filed, the fee for such added property shall be two dollars ($2.00) for each numbered lot so added. No refund of such fil ing fee sha'll be made for any tentati ve ma;J or pcrti on thereof, deleted, withdrawn or abandoned. SECTIOj~ 4.05. CERTIFICATIOil OF O:.J:IER. When a subdivision map is filed in the' Office of the Planning Commission, the person filing the map shall certify to one of the following: A. That he is the record owner of the property. B. That the record owner of the property consents to the filing of the map. C. The certification on the map shall be witnessed and sealed by a notary public. SECTION 4.06. PROCEDURE. A. SUBDIVISION OF FOUR OR LESS LOTS. 1. COMPLIANCE FOR FILING. Each map shall be reviewed by the Secretary to the Planning COlllfl1ission prior to the acceptance thereof, when it is found by him that the requirements for filing have been fully met, he shall forthwith refer it to the Commission for action. 2. CO~lMISSIOi~ ACTIO:-J. The Commission shall within thirty (30) days after receipt of such map approve, conditionally approve, or dis- approve the map by majority vote of the full membership present. 3. EXTENSIOI~ OF TIf.1E. The time limit for acting and reporting on the map may be extended upon mutual consent of the person filing such map and the Commission. Such time limit extension shall be for a period of not to exceed sixty (60) days unless a longer period of time is specifically consented to by the Commission. 4. COMMISSION APPROVAL. In the event the Commission finds that the map complies with the Statutes of the State and with this and all ordinances of the City it shall approve the map and signify its action on the face thereof by appropriate stamp and the signature of the Commission Secretary. 5. CO~U4ISSION DISAPPROVAL. In the event the Commission finds that the map cannot be made to comply with the requirements of this Ordinance it shall disapprove the map and signify its action in the same manner as hereinbefore provided. 6. COr1dUSSIOIl COrmITIONAL APPROVAL. The Commission may conditionally approve the map when it finds that substantial compliance with the requirements of this Ordinance can reasonably be met. l-:hen such map is conditionally approved by the Commission, it shall signify its action in the same manner as hereinbefore provided and attach the conditions ap- pertaining thereto. 7. i'IOTIFICATIOI-l BY PLAiJiHNG Cor'1\lISSIOI'l. ~Jhen such a map is approved, conditionally approved, or disapproved by the City Planning Commis- sion, the Planning Commission Secretary shall forthwith deliver in per'sc.n or by mail 'a copy of such map wi th the acti on thereon to the person having fi 1 ed the map. Such action by the Planning Commission shall become final in the absence of an appeal. Copies of the map with the action thereon shall be ' delivered to the various City Departments and the Superintendent of Builrlinq and Safety. The City Council shall retain the original copy thereof in the files of the City Clerk. - 15 - 1 1 I Ordi.na!1ce N:umber '8. APPEAL TO COU~ICIL. If any person filing a map is .1is- sati:;fie~ with any requirement. I'uling or disappn,val by the CHy' Pla'nning Commission with respect to such map or the kinds, nature and extent of the improvements required he may, within fifteen (15) days after sucn action by the Comnission, appeal in writing to the City Council fur relief or recon- sideration stating 1:h~ justification for his appeal. Such appeal shall be accompanied by any substantiating information as n~cessary to show any subsequent change of conditions occurring since tho date of Planning Commis- sion action. Said <l!lpeal shall be filed Nith the City Clerk and proper fees paid. Upon receipt of st3ff reports, the Council ';'ay consider such appeal at the next regularly scheduled meeting. The action taken by the City Council shall be reported to the appe~ lant and to the various City Departments by the City Clerk. B. SUBDIVISION OF FIVE OR MORE LOTS. 1. The tentative map shall be prepared in accordance with the "Subdivision Map Act" and the provisions of this Ordinance and shall be filed with the Planning Commission. When the requirements of the Article for the preparatio~ and filing of a tentative subdivision map have not been fully met, the Secretary of the Planning Commission may withhold the filing of such map until compliance is made. 2. PLANNING COMMISSION ACTION. Within forty (40) days or any extension thereof and not less than ten (10) days after a tentative map has been filed, the Planning Commission shall hold a public hearing in accordance with Section 2205 of the Zoning Appendix to the Municipal Code and shall approve, conditionally approve, or disapprove of the map or maps of the proposed sub- division. An official copy of the Advisory Agency's action shall be filed with the official copy of the tentative map and shall be forthwith reported correctly to the subdivider and his representative and to the Real Estate Commissioner of the State. 3. REVISED TENTATIVE MAPS. Any revised tentative map or portion thereof filed as a condition of approval or otherwise shall comply with the requirements in effect at the time such revised map is considered by the Planning Commission. Such revised tentative map or portion thereof shall show all of the information and requirements of sections of this Ordinance insofar as any changes that may have been made therein. The approval or conditional approval by the Advisory Agency of any revised tentative map shall annul all previous designs thereof. 4. TIME EXTENSIONS FOR ACTING ON TENTATIVE ~~PS. The time limit for acting and reporting on a tentative map may be extended upon mut~al consent of the Subdivider and the Planning Commission. Such time limit extension shall be for a period of not to exceed sixty (60) days unless a longer period of time is specifically consented to by the Planning Commission. 5. TIME EXTENSIONS ON APPROVED TENTATIVE MAPS. The Planning Commission may approve an extension of time beyond the eighteen (18) months as allowed by the Subdivision Map Act for the recording of a final tract map. Any application of a Subdivider for such extension of time shall be made in writing to the Commission not less than thirty (30) days prior to the expira- tion of the eighteen (18) months allowed. In granting such extension of time, the Commission may require compliance with requirements in effect at the time such extension is considered. 6. WITHDRAWAL OF TENTATIVE ~~PS. Any Subdivider or record owner of property upon which a tentative map has been filed may withdraw such map at any time prior to the action thereon by the Planning Commission. Notice of such withdrawal shall be made to the Commission in writing. Upon receipt of such notice, the Commission shall ,notify each officer, department, municipa~ity, district or agency from which a report was requested when the tentative map was filed. Upon the completion of such notification by the Commission, the tentative map shall have been officially withdrawn. No refund in filing fee for any such map withdrawn shall be made. I - 16 - 1 1 I Ordinal,lce N).lmber , e.RIICLE V_ SUBDIVISION - fOUR fJR LE5S LOTS - - --------- SECTIOi~ 5.01. AREA OF APPLICATION. A. The provisions of this Article shall apply to any real property, or portions thereof, shown on the last preceding tax roll as a unit or contiguous uni ts, which is di vi ded for the purpose of sal e, \':1ether immediate or future. SECTION 5.02. IMPROVEMENTS. A. The same improvements and improvement plans, required by this Ordinance for a subdivision of five (5) or more lots, shall be required in the case of a subdivision of four (4) or less lots, except in those instances where certain improvements are found to be unnecessary by the Commission for the public welfare, safety and health. B. EXCEPTIOUS. 1. Improvements may not be required where the division of any lot or parcel of land is made for the purpose of conveying a portion thereof to an adjoining parcel of land, so as to increase the adjoining parcel of land, and where the portion so conveyed is to become a part of the building site of the parcel to which it is to be attached, and is not to create a separate independent building site. 2. Nothing in this Ordinance is intended to require improve- ments for parcels shown on a Record of Survey prepared for the purpose of clarifying property lines and lot boundaries legally established prior to the effective date of this Ordinance. 3. Upon written application to the Commission, said body may chose to require street improvements for only that lot upon ~/hich a building permit is being sought. Improvements for the remaining lots would therefore be required at the time a building perm'it was sought for each lot. SECTION 5,03. DEDICATIONS. A. The developer shall grant to the City of Seal Beach by separate easement grant deed all right-of-way for street, alley, drainage, water line, or sewer purposes thatis shown on the Naster Plan of Highways, other r~ast"'r Plans and Precise Plans of Record, or that may be necessary for the develop- ment of the property being subdivided. The dedication of all such right-of- way shall be made prior to the issuance of any building permits on the property and prior to final approval by the Commission. of the Record of Survey. The City Council may enter into a reimbursement agreement on that riqht-of-way necessary for the installation of a major storm drain channel shown on the Master Plan of Drainage. SECTION 5.04. FILING OF r~AP. A. Upon receiving approval of the Commission on the tentative map, the developer shall cause to have prepared by a Licensed Land Surveyor or Registered Civil Engineer, a Record of Survey in conformance with the apprcved tentative map. This Record of Survey shall be submitted to the Office of the City Engineer for his examination after all conditions of approval on the tentative map have been met. The City Engineer will check the map for compliance with the conditional approval and authorize the developer's engineer or surveyor to record said Record of Survey with the County. All dedication of right-of-way, all improvements as required herein shall be provided and all fees for drainage, water, and sewer shalj be paid prior to the City Engineer's approval of the map for recordatio~. - 17 - , ' 1 1 I Ord.i..na~ce N,umber B. The owner or dcveiooer shal1 m;}ke I1Q deed of con'~eyani;e, sale or coritract' to sell a portiC'n of any pal"cel unless and ur.til a Record of Sur""y ioas been processed \~ith th!! City of Seal Beach and the Orange County Recorder in conformance \11th the provisions of the Subdivision r'lap Act, Chapter 15, Article 5, Sections 87E3 and 8764 and in the manner prescribed in this Ordinance. SECTION 5.05. VALIDITY OF CONVEYAJ-ICE. Any dl,:ed of conveyance, sale or contract to sell made contrary to the provisions ,f this Ordinance is voidable at the sole option of the ~rantee, buyer or person contracting to purchase. his heirs, personal representati~~, or trustee in insolvancy or bankruptcy within one (1) year after tne date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, other than those above enumerated. and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or advisee. SECTION 5.06. ASSURAIlCE OF IMPROVEf4ENT CONPLETION. Prior to final approval, the Commission shall require bonds, cash deposits, contracts, or other sureties as in their judgment may be necessary to assure the required dedications of land to public use and the completion of required improvements. SECTION 5.07_. ENFORCEt-1ENT. rlo buildi ng shall be used, or constructed to be used on any parcel which does not conform to the requirements of this Ordinance. No building permit shall be issued on any parcel which does not conform to the requirements of this Ordinance. ~ECTIO~ 5.08. FEES. All those fees required by Ordinances of the City of Seal Beac1lShall be paid for each lot shown on the Record of Survey prior to the issuance of a building permit. Inspection of improvement fees and improvement plan check fees shall be paid in accordance \1ith those fees charged for a subdivision of five (5) or more lots as set forth in Sections 7.02-B and 7.03-B of this Ordinance. Street light energy and maintenance fees shall be paid as set forth for a subdivision of five (5) or more lots as set forth in Section 6.20 of this Ordinance. Exception: Upon written application from the owner, the City Council may elect to permit fees to be paid for only that parcel upon which a building permit is being sought. Provided further, that the owner shall enter into an agreement with the City of Seal Beach in which he shall agree to make such payment of fees at the time of obtaining a building permit on the remaining lots of the Record of Survey. ARTICLE VI SUBDIVISIOil - FIVE OR MORE LOTS SECTIOIl 6.01. TU1E LHlIT FOR FILING. Before a date thirty (30) days prior to the expiration of the approval or conditional approval of any aporoved extension of time as provided by the Subdivision Map Act or this Ordinance, the Subdivider shall cause the proposed subdivision to be accurately surveyed substantially in accordance with the approved or conditionally approved tentative map and file with the City Engineer a final maD of the subdivision conforming in all particulars to the Subdivision Map Act and this Ordinance. It shall be accompanied by a sufficient numb~r of prints thereof to furnish the several interested City Departments and p'ublic agencies with a copy for checking and filing purposes. - In addition to the original tracing and the required prints of the final map, the Subdivider shall submit to the City Engineer two (2) duplicate trans- parencies on good vellum suitable for reproduction. The failure of a Subdivider to so fi1e such final map and the required COpies thereof with the City En~ineer as provided in Section 6.01 or to have said map recorded within eighteen months after the date of the approval or conditional approval or any approveo extension of time as provided by the Subdivision Map Act or this Ordinance shall auto- matically terminate and void the tentative map approval or conditional approval. - 18 - 1 I -I Ordinance" Number , . ::;EGim;~ 6.02. REPORTS TO TliE CITY COUlKIL. Each officer or department responsible for"c-hecking compliunce of the fir.al f,;ap ~Iith the approved or conditionally approved tentative map, shall report in writing to the Council as to tr.e compliance or non-compliance of the final map with law as to matters coming under his or its jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply with the law. These reports shall be transmitted to the City Engineer and he shall include them with his transmittal to the Council. SECTION 6.03. EVIDENCE OF TITLE. The evidence of title required by the provisions of Section 11625 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interest therein. SECnOfI 6.04. TRACT ~lAP CHECKIi-lG FEE. In addition to all other fees, charges and deposits required by law, the subdivider shall pay a plan-checking fee to the City Engineer upon submitting a final map of a subdivision in the incorporated area of this City. This fee for examining and checking a final map shall ,be thirty dollars ($30.00), plus the sum of two dollars ($2.00) for each numbered lot shown upon said map. SECTION 6.05. SIZE AND CONTENT OF MAP. A. The final map shall be clearly and legibly delineated upon tracing cloth of good quality and in conformity to accepted engineering practices. All lines, letters, figures, certificates, acknowledgments and signatures shall be made in black waterproof India ink. B. The size of each sheet shall be eighteen (18) by twenty-six (26) inches. C. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. 0, The scale of the map shall be large enough to shew all details Clearly but in no case at an engineer's scale where one (1) inch equals more than eighty (80) feet. E. One sheet or as many sheets as are necessary to accommodate the map may be used. Each sheet shall be numbered, the relations of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. F. The Tract number, scale, north point and sheet number shall be shown on each sheet of the final map. G. Each sheet and the lettering thereon shall be so oriented that, with the north point directed al~ay from reader to the top or left hand side, the map may be read most conveniently from the bottom or right hand side of such sheet. The narrow dimension of the sheet shall be the top of map. H. Basis of 8earing - Upon the title sheet of one (1) map sheet shall appear the basis of bearings, making reference to some recorded sub- division map, Record of Survey Map, Lambert Projection of Zone VI of the California State Grid system, astronomical determination, or other record acceptable to the City Engineer. ?ECTION 6.06. TITLE SHEETS. The title sheet of each final map shall contain ,a title consisting of t:le number of the subdivision and a subtitle consisting of a legal description of ail property being subdivided. by reference to such map or maps of the property shown thereon, as shall have been previously recorded, or shall have been previously filed with the County Clerk pursuant to a final judgment in any action in partition, or shall have been previously filed in the Office of the County Recorder under authority - 19 - 1 I I Ordipapce N:umber of Chilpter ,'3, Part 2, of Division 4 cf tlJe Busim;~,s and Professions C0de of the State of California, M i)y reference to the plat of any United St;!tes Survey. The title sheet shall also show in a form acceptable to the City Engineer such appropriate certificates and acknowledgments as required in Article 7 of the Subdivision Map Act. SECTIOil 6.07. REQUIRED I1IFORr.1ATION. The following information shall be required on tlle map. , A. If more than one (1) map is used in preparing the final map sheet there shall be included either on the title sheet or first map sheet an index map showing the general plan of the subdivision and the portions thereof included on each map sheet. All streets shown thereon shall be represented by a double line. B. Acreage to the nearest one-hundredth (1/100) of an acre. C. Location and names, without abbreviations, of all: 1. Proposed streets and alleys, 2. Proposed public areas and easements, 3. Adjoining streets. D. Dimensions of each lot. E. Each lot shall be numbered, each block may be lettered or numbered. Each lot shall be shown entirely on one (1) sheet. F. There shall be sho~m on each final map the designated centerline of each highway, street, alley or way, the total width thereof, the width on each side of the centerline thereof and the width of that portion to be dedi- cated. On each such centerline and the street sideline shall be shown the bearing and length of each tangent radius, central angle, and length of curve. The colored border of the map shall be shown along the centerline of any street or highway where such street or highway may define a limit of the parcel being subdivided. SECTION 6.08. RECORD OF EASEMENTS. A. The final map shall show sufficient data to establish the location by dimensions of all easements which are on record at the time of recording. If the easement is not definitely located on record, a statement as to the easement shall appear on the title sheet. The provisions of Section 11587 of, the Subdivision Map Act may be utilized when applicable. B. Easements for storm drains, sewers and other purposes shall be denoted by broken lines. C. The easement shall be clearly labeled and identified and if already on record proper reference to the records given. D. Easements being dedicated shall be so indicated in the o~ner's certificate. SECTION 6.09. BOUilDARY AND ~lONUMENTS. The 1 i mi t of error for survey work sha 11 be one in t\~enty-fi ve thousand (1 :25 ,000). The practi ce and procedure of all survey work done on any final map of a subdivision shall conform to the accepted standards of the engineering profession. In the event the centerli ne of any street, alley or \~ay shall have been es tabl i shed. the fi na 1 map shall show such centerline, together with reference to a county field book or map of record showing such centerline and the monuments which determine its position; if determined by ties, that fact shall be stated on the final map. - 20 - I I I Ordinance Number , A. BOUNDARY LINE. The boundary line of a subdivision shall be indicdted liya border of ligl't blue ink alloroximately one-sixteenth (1/16) of an inch in ~lidth applied 011 the l'eVerS(;; side of the tracing and outside such boundary line. Such ink shall be of such density as to be transferred to a blue line print of such maD and not to obliterate any line, figure or other data appearing on such map. B. EVIDEUCE DETERf.iII1IHG BOUHDARY. On each final map shall be fully and clearly shown all monur.lents and points found. Identification of such stakes, monuments or other evidence as were found in the ground,together with sufficient corners of adjoining subdivisions by lot and tract number and place of record, or by section, township and range or other proper legal description as may be necessary to locate precisely the limits of the sub- division. References used and bearings and distances shown unless otherwise indicated shall be prima facie evidence that same references, bearings and distances were actually used and measured. C. BOUNDARY MONUMENTS. Each final map shall show durable monuments of not less than two (2) inch iron pipe at least eighteen (18) inches long found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distance as may be made necessary by topograDhy or culture to insure ac- curacy in re-establishment of any point or line without unreasonable diffi- culty. The precise position and character of each monument shall be shown on the final map together ~Iith the approximate elevation of the top of each such monument with respect to the surface of the ground. 0, LOT MONUMENTS. All lot corners shall be ~onumented with not less than a three-quarter (3/4) inch iron pipe or by offset monuments as approved by the City Engineer. E. MONUMENT INSPECTION. All monuments shall be subject to inspection and approval by the City Engineer. F. CENTERLIIlE MOlmr,lENTS. Street, alley and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways, or at the intersection of any street, alley or way with a tract boundary. Street centerline monuments shall also be set to mark either the beginnin9 and end of curves or the points of intersection of tangents thereof. Such centerline monuments shall be of not less than blo (2) inch iron pipe at least eighteen (18) inches long set in the subgrade. Four (4) chisel marks in the rim of a manhole is an acceptable monument when properly referenced with four (4) PK's on line set four (4) feet away. G, NOTES TO BE FURNISHED. For each centerline intersection monument set, the engineer or surveyor under whose sUDervision the survey has been made shall furnish to the City Engineer a reproducible set of notes showing clearly tile ties bet~leen such monument and a sufficient number. not less than four (4), of durable distinctive reference points of monuments. Such reference points may be lead and tacks, PK's or three-quarter (3/4) inch iron pipe not less than sixteen (16) inches long in which is secured a tag bearing the surveyor's or engineer's registration number, or such substitute therefore as appears to be not likely to be disturbed, and is approved by the City Engineer. The set of notes furnished shall be drawn on eight and one-half (810) by eleven (11) inches sheets of reproducible polyester film with plastic Dencil and shall conform to the standardized office records of the City Engineer. 'H. IDENTIFICATION MARKS. All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made. - 21 - 1 1 I Ordin~nce ,Number , ' SE_CTIOL~.10_. SURVEWIG Lit\TA FOR lOTS. , ' A. CURVE DATA. The length, radius and total central angle and bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, and the central angle of each segment within each lot shall be shown thereon, B. BEARItlGS AND DISTAliCES. The bearing and length of each lot line, block line and boundary line shall be sholm on the final map. Each required bearing and distance shail be shown. in full and no ditto mark or other 'designation or repetitions shall be used. C. LOT AREAS. Lots containing one (1) acre or more shall show net acreage to the nearest one-hundredth (1/100) of an acre. D. LOT NUMBERS. The lots shall be numbered consecutively com- mencing with the number one (1), except as otherwise provided herein, with no omissions or duplications. SECTIO~ 6.11. DANGEROUS AREAS. If any portion of the land within the boundaries sho~m on any final map is known to be dangerous by reason of qeo- logical conditions, unstable subsurface conditions, ground-water or seepage conditions, flood hazard, inundation or any other dangerous condition, such fact and an identification of the affected portion shall be clearly shown on such final map by a prominent note on each sheet of such map whereon any such portion shall be shown. SECTION 6.12. EXCLUSIONS, No portion of any property shown on the latest adopted County tax roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision or division of land for the purpose of avoiding dedication or improvement of any traffic, drainage or flood control facility. SECTION 6.13. CorIFOR~IITY OF "fIOT-A-PART" PARCELS TO PLANS. Any portion of the property shown on the latest adopted County tax roll as a unit or as contiguous units but not included within the boundaries of a subdivision shall be of such size or shape as to conform to the provisions of this Ordinance and the Land Use Ordinance of the City of Seal Beach. SECTIOl! 6.14. ACCESS ON CREATED LAND. Any parcel of land created from another parcel by means of filing or recording a map, the approval of which is required by the City Council, shall have access to an all-weather road, the design, location and width of which are approved by the City. SECTION 6.15. ACCESS TO SUBDIVIDED LAND. A subdivision shall provide vehicular access to all homes within a subdivision for purposes of police and fire protection. The layout of the tract shall be such that blocks of twenty (20) or more homes shall have access by two (2) or more streets. A tract street layout shol1ing only one (1) street for vehicular ingress or egress to a large group of homes shall be cause for disapproval. Exception: The City Council may approve such a layout on a final map if there is on record at the time of approval of said final map a precise plan providing for a future street extension that will permit a second street for ingress or egress to said tract. SECTION 6.16. LIiHTED ACCESS DESIGNATION. IIhen vehicular access rights shall be offered for. dedication to the City of Seal Beach by appropriate certificate on the title sheet and a note stating "ALL VEHICULAR ACCESS RIGHTS DEDICATED TO TIlE CITY OF SEAL BEACIi" shall be lettered along the highway adjacent to the lots affected on the final map. ~ECTIOi~ 6.~. CITY OR COUNTY BOUtlDARY LIflES. Any city or county boundary line adjoining the subdivision shall be clearly designated and tied in upon, the final map. - 22 - , . 1 1 I Ordin~nce ,Number SE.CTIClN f).lB. rlATURAL \,tATER COlJr~SE [1C:S ~GNAnON. In the event hat a dedicationofrlght-of-way fc,,, flood control' or storm drainage is not rec",Jired. the location of any natural .'Iater course. c!lallne', stream or creek shall be shown on the final map. SECTION 6.19. RESTRICTI:m TI) DRA!iIAGE. When the property being sub- dividea is so situated as to be in the !'lath of the natural drainage from adjoining unsubdivided property and no street, alley or way provides for the drainage of such adjoining property, the subdivider shall dedicate and impro~e drainage easements in a manner adec,4dte to drain the adjoining property. ' In the event the grading of the subdiviision shall create differences in grade at the tract boundary in excess of one (1) foot in elevation, concrete retaining walls shall be constructed around :the tract perimeter at such locations. SECTIOtl 6.20. ELECTROLIER ENERGY AND !4AINTENAIlCE CHARGES. The developers shall be require(f to pay to the company or agency which enerqizes and main- tains the street lighting system, the cost of the electrolier energy and maintenance charges, until the subdivision is included in the lighting assess- ment district, which includes street lighting, other than arterial street lighting, or if no such district exists, and such charges are paid from the revenue of the City, the subidviders shall pay the electrolier, energy and ~aintenance charges for the period of one (1) year. The sum of fifty dollars ($50.00) for each gross acre within the subdivision, shall be included in the amount of the bond posted for street lighting installation and such bonds shall not be exonerated until these charges are paid. Electroliers shall be energized at a time mutually agreed upon by the subdivider and company or agency; however, the City reserves the right to determine the date of energizing any or all electroliers if, in the opinion of the City Engineer, such deter- mination is necessary for the protection of the safety. health, and/or property of the citizens of Seal Beach. SECTION 6.21. COPI ES OF RECORDED r,IAP. After the fi na 1 maD has been recorded in the County Recorder's Office, one (1) blue line on cloth print and two (2) bro~m line sepia reproducible prints of such map shall be furnished to the Office of the City Engineer. SECTION 6.22. SOIL REPORT. Prior to approval of the final map by the City Council, a soil report of investigations and recommendations by a reputable soil laboratory shall be submitted, to the City Engineer. Such report shall be prepared by a Civil Engineer, licensed in the State of California. SECTIOH 6.23. MODEL HOMES. Conditional exceptions to sections of the Subdivision Ordinance shall be oermitted to facil itate the construction of n~del homes for subdivision in advance of the recordation of the final recorded map, The prevailing guide in administration of this section shall be to permit the street and building construction so that all homes shall have frontage on a dedicated public street and the entire model home development will be able to "stand on its own feet" in the event the final tract map is never recorded. The following requirements shall be met: , i I , A. The lots for the model homes must be part of a previously approved tentative map. I B. A sUFvey plat must be prepare~ and submitted to the City Engineer for his approval. This must show clearly all dimensions and must be suitable for integration with the balance of the final tract map. I C. A grading plan encompassing the entire tract must be submitted in accor~ance with this Ordinance. I ' D. A preliminary soil report covering the entire tract must be su~nitted in accordance with the Ordinance. - 23 - . . " Ordinance Number , , . . E.. ' Normal street right-of-\'Iay r.;ust be dedicated by s:;para',e instrument to the City of Sp.ol oeech, T~i~ c~~ll include artnrial street dedication, local street deciation, storm drain dedication and any other necessary rights-of-way. F. The fOllowing fees governing subdivision lots as required by ordinances of the City of Seal Beach must be paid prior to the issuance of any building permit. 1 1. Building PeN~it Fees. 2. Water Storage Fund, Fees. 3. Water Meter Purchase Fee. 4. Drainage Annexation Fees. 5. Sewer Annexation Fees. 6. In-lieu Park Fees. 'G. An improvement bond may be required at the discretion of the' City Engineer. In constructing improvements for the model homes, the con- tractor will be required to place all utilities prior to paving of the street. ?ECTIOI'J 6.24. DEDICATION OF PARK AND RECREATIOfl LArm. A. RECITALS. The City Council does hereby find, determine and declare as follows: I' 1. In 1965, The Legislature of the State of California. amended the Subdivision Map Act (Section 11500 et seq. of the California Business and Professions Code) so as to enable cities and counties to require either the dedication of land, the payment of fees or a combination of both, for park and recreational purposes as a condition of approval of a subdivision map; and 2. Before a City may avail itself of this Act, it must have a General Plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the City; and 3. The City Council has adopted a General Plan containing such recreational element. B. SUBDIVIDERS MUST PROVIDE PARK ArID RECREATIONAL FACILITIES. Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in Section 6.24-A through 6.24-H for the purpose of providing park and recreational facilities to serve future residents of each subdivision. I C. APPLICATIOfL Section 6.24-A through 6.24-11 shall aoply to all subdivisions: as that phrase is used in Section 11500 et seq. of the 3usiness and Professions Code of the State of California, el<cept subdivisions for Ithich tentative subdivision maps have been filed within thirty (30) days after the effecti ve date of the Ordinance codifi ed in thi s Secti on, and indlJstri a 1 sub- divisions. D. RELATIOil OF LAND REQUIRED TO POPULATIO~J DEtISITY. It is hereby found and determined that the public interest, convenience, health, welfare and saf~ty require that four (4) acres of pioperty, for each one thousand (1,000) persons residing within a proposed new develorment be devoted to park ar:d rpcreational purposes. .. I ' I I I I - 24 - . ' . 1 1 I " OrdinanGe .Number , , E. POPULATION DENSITY. Population density for the purpose of Section 6.24-A through 6.24-H shall be determined in accordance with the following schedule of densities by dwelling unit as derived from the 1970 Federal Census: l. per dwelling unit; Single family dwelling units and duplexes = 3.8 persons . 2. dwelling unit; Multiple family dwelling units = 2.4 persons per 3. Mibile homes dwelling unit = 1.9 persons per dwelling unit. The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the final subdivision tract map is filed with the City Council for approval. F. AMOUNT OF LAND TO BE DEDICATED. The amount of land required to be dedicated by a subdivider pursuant to Section 6.24-A through 6.24-H shall be: 1. Per single family unit, 662.1 square feet; 2. 3. Per multiple family unit, 418.1 square feet; Per mobile home dwelling unit, 331.1 square feet. The above listed amounts of land shall be based on the follow- ing formula: Amount of Land per dwelling unit = (S) (l,OOO) P S = Park standard P = Population density per dwelling unit Values used for determining amounts of land per dwelling unit: S = 4.0 acres of 174,240 square feet per 1,000 population P = 3.8 persons/single dwelling unit P = 2.4 persons/multiple dwelling unit P = 1.9 persons/mobile home dwelling unit G. AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be as follows: 1. Per single family unit, $662.00 2. Per multiple family unit, $523.00 3. Per mobile home unit, $331.00 The above listed fees are hereby found and determined to be reasonably related to estimated land costs for future development. . _ 25 _ . . . 1 1 I Ordinance Number , , H. CHOICE OF LAND OR FEE. 1. PROCEDURE. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: , a. Subdivider. At the time of filing a tentative tract map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recrea- tional purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative tract map as submitted. b. Action of City. At the time of the tentative tract map approval, the City Council shall determine as part of such approval, whether to require a dedication of land within the subdivision; payment of a fee in l,ieu thereof, or a combination of both. c. Prerequisites for Approval of Final Map. Where dedication is required, it shall be accomplished in accordance with the pro- visions of the Subdivision Map Act. Where fees are required the same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final tract map and shall be recorded contemporaneously with the final map. DETERMINATION. Whether the City Council accepts land to require payment of a fee in lieu thereof, or a shall be determined by consideration of the following: a. Recreational element of the City's General Plan; and b. Topography, geoloqy, access and location of land in the subdivision available for dedication; and 2. dedication or elects combination of both, able for dedication. c. Size and shape of the subdivision and land avail- The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 3. EXCEPTION. Subdivisions involving the payment of in lieu fees may be allowed credi t for expendi tures for pl'i vate recreational faci 1 i ties so long as such facilities are accessible and available to all residents of the proposed subdivision. Such credit shall reduce the amount of in lieu recreation fees by an amount equal to 50% of the actual cost of said private recreational facilities. I. TIME OF COMMENCEMENT MUST BE DESIGNATED. At the time that the tentative tract map is approved, the City Council shall designate the time when development of the park and recreational facilities shall be commenced. J. LIMITATION ON USE OF LAND AND FEES. The land and fees received under Section 6.24-A through 6.24-J shall be used only for the purpose of providing parks and recreational facilities to serve the subdivision for which received and the location of the land and the amount of fees shall be a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the area. - 26 - . .. 1 I I A~TI CLE V II OrdinancEI NumJ:>er . . DfDICATIONS, IMPROVEHE1ITS ,-N~~_ ~~lPROVENENT PLANS_ SEC'fI0I1 7.01. DEDICATIorlS. A. STREETS, HIGHHAYS ArID PUBLIC PARCELS. All streets, highways, and public parcels, such as alleys, ways, easements, rights-of-way, and parcels of land shown on the final map and intended for public use shall be offered for dedication for public use by an appropriate certificate on the title sheet of the tract map. , , B. ~/ATER LINES AND EASEtlEllTS. The domestic water for a subdivision shall be supplied by the City of Seal Beach or approved source and the water distribution system, supply and appurtenances thereto shall be dedicated to the City of Seal Beach together with the easements \'Iithin which they are located. C. SEWER LWES AilD EASEI1ENTS. The sanitary sewer system for a subdivision shall drain into the seller system of the City of Seal Beach. The sanitary sewer system and appurtenances for a subdivision shall be dedicated to the City of Seal Beach together with the easements within which they are located. D. DRAINAGE RIGHTS-OF-WAY. When storm drains are necessary for the general use of lot owners in the subdivision, and such storm drains are not to be 'nstalled in the streets, alleys or ways of such subdivision, then the subdivider shall offer to dedicate upon the final map thereof the necessary rights-of-way for such drainage facility. Such rights-of-way shall be shown as lots lettered alphabetically on the map. E. FLOOD CONTROL, CHANNEL DEDICATION. l~here the property being subdivided, or any portion thereof, is traversed by a flood control channel, or any lateral thereto, either existing and requiring additional right-of- way or proposed and requiring full right-of-way, which has been approved by the City Council and the Orange County Flood Control District, the subdivider shall dedicate such rights-of-way. Such rights-of-way shall be shown as lots lettered alphabetically on the map. Such dedication shall be offered by ap- propriate certificate on the title page of the map. In addition, an executed grant deed conveying title of said rights-of-way to the City of Seal Beach or the Orange County Flood Control District shall be delivered to said City prior to approval of the final map by the City Council. In conformance with the adopted policy of the City of Seal Beach, the City Council may elect to enter into a reimbursement agreement on said right-of-way. F. FUTURE DRAWAGE RIGHTS-OF -14AY. When the property being sub- divided or any portion thereof is so situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley or way within the subdivision provides for the drainage of such adjoining property, the Subdivider shall dedicate future drainage ri~hts-of~lay adequate to provide for the ultimate drainage of the adjoining property. Such rights- of-way shall be shown as lots lettered alphabetically on the map. SECTION 7 .02. I~lPROVENElm. A. H1PROVENEl,ITS REQUIRED. The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval of the final map. Such improvements shall include as a minimum gradin~, surfacing, side\~alks, curbs, gutters, cross gutters, storm drains, culverts, bridges, apourtenant storm drain structures, street lights suspended from aporoved poles, street name and traffic control signs, barricades and safety devices, street trees of a type and size specified by the City Engineer, monuments, fencing of flood control channels and freeways, fire hydrants and valves, meters, water mains, individual water service connection and appurtenances to the property line, sanitary sewer mains, sewer manholes. house laterals, aDp~rtenant sewer structures, and such other structures or improvements as may be required by ordinance or deemed by the City Council to be necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, sewage, water and drainage needs. - 27 - . ,. .. 1 1 1 Ordinance_Nl1mber , Utility lines, including but not limited to e'lectric,'comlTllln'cations, street lighting and cable tele,!ision may b~ l'equirf~d to be placed underaround. The criteria such as trenching, backfi 11 ana compaction shall be approved by the City Engineer. However, the electrical design, layout, location, etc., will be in accordance with arrangements between the utility and the subdivider. The subdivider is responsible for complying with these requirements, and he shall make the necessary arrangements ~Iith the utility companies for the installation of such facilities. For the purpose of this paragraph, ap- purtenances and associ ated equi pment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The Planning Commission may waive the requirements of this paragraph if topographical, soil or any other conditions make such underground instal- lations unreasonable or impractical. This paragraph shall not apply to utility lines which do not provide service to the area being subdivided. The provision of this Ordinance shall apply to all tracts except those which have had tentative map approval and/or recordation prior to the effective date of this Ordinance. B. INSPECTIOtl FEES. All construction of improvements shall be subject to'inspection by the City Engineer and the subdivider shall arrange for such inspection prior to the starting of construction of the improvements. The actual cost of such inspections shall be paid by the subdivider. Before filing of the final map, the subdivider shall deposit ~Iith the City fees in the following amounts: Three and one-fourth (3~) per cent of the estimated total cost of improvements. The City Engineer shall make an estimate of these improvement costs. The unit prices used in such estimate shall be the pre- vailing construction costs in Orange County over the past year and these unit costs shall be periodically reviewed and brought up to date. 110 adjustment in or refund of such fees shall be made once such fees have been paid. C. EXISTIIIG CITY ROADS. Hhere a subdivision or any part thereof lies along existing improved public highway or road, the Subdivider shall improve or agree to improve the area of such highway or road lyinq between the centerline of the street thereof and the ultimate right-of-way. Such improvements shall be in accordance with the standard typical street sections and in accordance with City Standard Plans and Specifications. If the improvement to be performed is upon a portion of a highway which the City is contemplating improving, the City may elect to improve the portion thereof otherwise required to be improved by the Subdivider; in such event, the Subdivider shall, prior to the approval of the final map, pay to the City in full discharge of the Subdivider's obligation herein provided for, a sum equal to the estimated cost to the City of performing the improve- ment required to be performed by the Subdivider. The improvement to be per- formed by the City shall be done at the time the City improves the highway. The City Engineer may require that a sum of money which he determines to be sufficient to furnish and install street trees, be paid to the City in lieu of the provision and installation of said trees by the subdivider. The City shall then install such trees at the time or times the City Engineer deems in the best interest of the City of Seal Beach. SECTION 7.03. IMPROVH1ENT PLANS AND PROFILES. A. Plans, profiles, specifications and all necessary details of the proposed improvements of all streets, highways, alleys and ways, including structures incidental thereto, shall be prepared in accordance \~ith the Standard Plans and Standard Specifications adopted by the City Council of the City of Seal Beach. These improvement plans shall show the proposed improvements for water system, sewer system, and drainage. Tole plans and profiles shall shO\~ the location of all surface and sub-surface structures found or needed to be located to make the imj)rovement sho~m on such; plans anti profiles. All improve- ment plans shall be submitted to and checked and approved by the City Engineer, not later than the time of submitting the finrl map for acceptance by the Council., - 28 - " .' . I 1 I OrdinaRc~ Number . " . . T1ie 'ir:lprovement plans shall be :m~r.i:red in India ink on good quality 1 inen traci n'Js. In the evp.r:t ~~'::! Associ ~ ~~ ",;1 c,f Or3nge County City Engir.ccrs shall adopt as a recol!1l1ended standard, a plastic tl'acing material and plastic pencil, said material and pencil shall bE' permitted as an acceptable method of plan preparation. G. IMPROVH1ENT PLAI'l CHECKING FEE. At the time of submission of the improvement plans to the City Engineer for checking, a fee of fifty dollars ($50,00) plus four dollars ($4.00) a lot shall be paid to the City, Said fees shall not be charged for a subdivision consolidating properties into one (1) lot or for a subdivision for the purpose of reversion to acreage. SECTION 7.04. ASSURANCE OF IMPROVH1EIlT CONPLETION. A. AGREmENT IN LIEU OF IMPROVEI4ENTS. If any improvements are not completed satisfactorily or any monuments not set before the final map is ap- proved, the owner or owners of the subdivision shall enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the City of the streets and easements offered for dedication, the contractor agrees to furnish the equipment and material necessary and to complete the required work within the time specified in the agreement. Such agreement or agreements shall be accompanied by a bond as provided herein below. B, BOND-If.1PROVE~lENTS. The agreements referred to above shall be accompanied by a bond guaranteeing the faithful performance of all work, and guaranteeing payment for labor and materials in a penal sum equal to the estimated cost thereof, C. FAITHFUL PERFORMANCE BOilD-f40NUMENTS. If the certificate by the surveyor or engineer on the final map provides that the monuments shall be set at a specified later date in accordance with Section 11566 of the Business and Professions Code, a monument bond guaranteeing the setting of those wonuments shall be posted by the developer in accordance with Section 11592 of said Business and Professions Code. D. FORM OF BOND. All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act and all faithful per- formance bonds, referred to in this Article shall be furnished by a surety company authorized to write the same in the State of California, and shall be subject to approval and acceptance by the City. In lieu of all bonds required by this Article, the Subdivider may deposit with the City a sum of money equal to the required amount of such bond for the faithful performance thereof. E. CERTIFICATE OF HlSURAfJCE. The developer shall, at the developer's sole cost and expense, but insuring both the City and the developer, maintain general public liability insurance against claims for personal injury, death or property damage occurring upon, in or about the subject development or any buildings thereon and on, in or above the adjoining streets, such insurance to afford protection to the limit of not less than one hundred thousand dollars ($100,000) in respect to injury or death to a single person, and to the limit of not less than three hundred thousand dollars ($300,000) in respect to any one accident and to the limit of not less than one hundred thousand dollars ($100,000) in respect to damage. The developer shall provide a Certificate of Insurance from the insurance company testifying to the fact that the City has been named as an additionally insured prior to the approval of the final map. ARTICLE VIII MODIFICATIO;JS-VALIDITY -PEi-lAL TIES ---- - 29 - . I. It 1 1 I Ordin&nce'Number ~ . ' , Sr:C'~IOi-~ 8,01. ~10DIFIC^iiorIS. l-Ihenever the strict app'iicati,o'n oi' tIle requiremP.rits -of this Ordinance is imoractical or contrary to the best interests of tt,e public, the Planning Coomission may mal:e any modification that is reasonably necessary or eXPQdi~nt, provided s~ch modifications are in keeping with the intent and requireilicnts of this Ordinance and the Subdivision Nap Act. SECTION 8.02. CHANGE I!I CONDITIOns. If, after the expi rati on of the fifteen (15) days for filing an appeal, a change in conditions affecting the proposed subdivi sion occurs ~Ihi ch renders a requi rement or conditi on of ap- proval of a tentative map unreasonable or arbarary, the Planning Commission may, UDon written application of the Subdivider or owner eliminate or modify such requirement or condition. Such application shall set forth the facts showing the change in conditions affecting the proposed subdivision which have occurred since the approval or conditional approval and the particular require~ ment or condition, the enforcement of ~Jhich is claimed to have become arbitrary or unreasonable by reason of chanQed conditions. Upon receipt of the application, the Planning Commission shall fix"the time and place for its consideration, and give notice thereof to the Subdivider or Ol'/l\er and all other necessary departments. SECTIOH 8.03. VALIDITY. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shilll not affect the validity or constitutionality of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, para.. graph, sentence, clause, or phrase thereof, irrespective of this fact that one or more of the secti ons, subsections, paragraphs, sentences, cl auses or phrases thereof be declared unconstitutional or invalid. SECTION 8.04. PEIIALTY. Any person violating any of the provisions of this Ordinance snall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than six (6) months or by both such fines and imprisonment. SECTION 8.05. BEADINGS. The City Council hereby declares that the headings used in this Ordinance are for convenience only and shall in no way be referred to interpret any section of this Ordinance. ~ECTIOll 8.06. The City Clerk shall certify to the passage and adoption of ~ this Ordinance by the City Council and shall cause the same to be posted as ~} required by law. ~ PASSED, APPROVED, AND ADOPTED by the City Council of the City of ~~J3each, , I1H California, at a regular meeting thereof held on the ~~day of ~~, ~. MAYfP~ ~~ mm, ~ . 'A'J 0:4 Cl~4 -- STATE Of CALIFORNIA ) CQUIHY OF ORAHGE ) SS. CITY OF SEAL BEACH ) I, JERDYS WEIR, City Clerk of the City of Seal Beach, do her~by certify to the passage and adoption of the fope~~ing O~dinanFe by the City Council at a meeting thereof held on the ~ay Of~~, 19~, by the following vote: ~_ . AYES: councilme~A..v""".~Ak~__ ~~~_ ,,~e.--~.J/~_ NOES: Councilmen~_ ABSENT: councilmen~ - ~i~~:H(d~~~=~~ - 30 -