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HomeMy WebLinkAboutCC Ord 465 1955-01-18 I ,I .." .. " , ORIGINAL O;:':ICIAL COPY ORDINANCE NO. L/{P6 OT TO Dr; TAK!:N 1= OM 1-110 CiTY CI..ER:,'S OI=FICE IN CE PROVIDING REGULATIONS FOR THE: SUB- . . DIVISION OF LAND IN THE CITY OF SEAL BEACH, CALIF., AND FOR THE PREPARATION AND PRESENTATION OF MAPS - - - THEREFOR; REQ.UIRING CERTAIN IMPROVEMENTS IN CONNEC- TION THEREWITH; PROVIDING FOR THE AFPROVING AND RECORDING THEREOF; AND DESIGNATING AN ADVISORY AGENCY. In order to promote public health, safety, and general welfare, orderly growth, and development 01' the City 01' Seal Beach, herein- after referred to as the City; proper use 01' land; conservation, stabilization, and protection 01' the use value 01' property; adequate provision for necessary utilities and public convenience, the City Council of the City of Seal Beach hereinafter referred to as the City Council, ordains as follows: ARTICLE 1 AUTHORITY SECTION 1: AUTHORITY Pursuant to the Subdivision Map Act of the State 01' California, as it now exists or may hereafter be amended, the provisions of this ordinance are supplemental to those of said Act, and shall apply to all subdivisions of land hereafter made when said land is entirely, or partially, within the lim! ts of the City. The Seal Beach planning Commission is hereby designated as the Advisory Agency referred to in said Act, and is charged with the duty of making investigations and reports on the design and 1Jnprovement of proposed . ' subdivisions; and is nereby authorized to recommend to the City Council, the approval, conditional approval, or disapproval of tenta- tive maps of subdivisions, prepared and filed according to this ordinance '. and the said Subdivision Map Act, and t~ report to the City Counc'll the action taken on tentative maps. , -1- I I Ordinance Number .. ,/". ; ~ ARTICLE 11 GENERAL CONTROLS SECTION 1: CONFORMANCE TO PLANS - Whenever a proposed subdivision or other division of land shall include within its boundaries, any portion of a street which has been designated on a master plan of major and secondary highways approved by the City Council, such street shall confOl'Jl1 in width, alignment, and other improvements, and design standards as designated on the master plan. If no master plan of major and secondary highways has been adopted by the City Council, the provisions of this section shall apply to any proceedings affect- ing the subdivision which may have been initiated by the City Council or approved by said Council upon initiation by other legally con- stituted bodies of the city, county, or state. SECTION 2 - STREETS (a) Local streets in areas to be used for other than one-family or tt-lo-family residences shall have a width of not less than sixty feet, with a roadway of not less than forty feet. Local collector streets in areas to be used for one-family or two-fa;dly residences shall have a width of not less than sixty feet, with a roadway width of not less than forty feet. All other local streets shall have a width of not less than fifty-four feet, with a roadway of not less than thirty-six feet; except that cul-de-sac streets shall have a width of not less than fifty feet, with a roadway of not less than thirty feet; service roads shall have a width of not less than forty-one feet, with a roadway of not less than twenty-eight feet. (b) When necesS'!1'y to give access to or permit a satisfactory I future subdivision of adjoining land, streets shall extend to the boun- dary of the property and the resulting deadend streets may be approved without a turn-around. In all other cases a turn-around having a mini- mum radius of forty feet shall be provided; (c) The ndnimum requirements of this ordinance may be reduced by the City Council in the case of local streets where railroads, parkways, . -2- I I I Ordinance Number , ,', ; grade separations, freeways, land use, and contour or other dominant factors are involved, providing, however, that roadway widths shaJ.l not be less than twenty..feet on tangents and long radius curves, and I - on short radius curves the width of roadway may be increased to pro- vide adequate sight distance. When street cross-section and terrain, v in the opinion of the City Council, make sidewalk construction im- practicaJ., sidewaJ.ks may be eliminated or required on one side of the street only; (d) Along major highways, limited-access, highways or freeways, a frontage roadway separated 1'rom the traffic roadway by an acceptable separation strip may be required. All dimensions on such multiple roadway thoroughfares shaJ.l be as defined on the city master o:fl offi- , cial plan or. State Division of Highways plan; (e) The center line curve radii of all streets and h~ghways shall conform to accepted engineering standards of design and shaJ.l be sub- ject to approvaJ. by the City Engineer; provided, however, in no instance shall the radius of any street br less than one-hundred, fifty- feet; (f) Tl;e grade of major and secondary thoroughfares shall not exceed six per cent llUlXimwn and for all -other stree~s the maximum rate of grade shaJ.l be eight per cent, unless because of topographical conditions or other exceptional conditions, the City Engineer deter- mines that a grade in excess 01' eight per cent is necessary. No street shaJ.l have a grade 01' less than ten-hundredths 01' one per cent; (g) Street corners shaJ.l have a radius of not less than fifteen feet; (h) Street intersections shaJ.l be as near right angles as practi- cable. In no case should the angle be less than 45 degrees; (i) Streets which are a continuation of streets in contiguous territory shall be so aJ.igned as to assure that their center lines shall coincide. In cases where straight continuations are not physicaJ.ly possible, such center line shall be continued by curves; -3- I I I Ordinance Number " j (j) In areas not covered by the official or master plan, the layout 01' all improvements including roadways, cul;-bs, parkways, park- way trees, dividing strips, sidewalks, sewer lines, and water mains, street lighting, street name signs, within the right-of-way 01' all highways, streets, alleys, and public easements shall be in accordance ./ with standards established by the City Council and where no such stan- dards have been adopted, the arrangements shall be subject to approval by the City Engineer, City Planning Commission, and the City Council. SECTION 3 - GENERAL REQUIREMENTS (8.) All sidewalks~ curb~~ parkway trees, gutters, pavements, sanitary sewer lines, water mains, street lighting, street name signs, culverts, drainage structures, and e.:ny other required improvements shall be installed to the satisfaction 01' the City Engineer. The cost 01' all required improvements shall be borne by the subdivider, except as to such improvements 01' a type, size, or quality over and above the stan- dards required to service the subdivision and where the City Council has enacted provisions for the City to bear that portion 01' the costs 1'or such installations required t 0 serve additional areas.. (b) The Standard Streets and Highway Plans and Specifications 01' the County 01' Orange, California, shall be deemed to be the minimum standards acceptable. SECTION 4 - SANITARY SEWERS Sewers, including sewer to the property line 01' each lot, when within street areas to be improved by the SUbdivider, shall be in- stalled prior to the improvement 01' the street. Sanitary or storm sewers, appurtenances, and service connections shall be constructed to the satisfaction 01' the City Engineer. In rural hill areas where there is no sewer within reasonable proximity, where gravity flow is im- possible and pumping costs would be excessive, and when, in the opinion of the City Council, no public nuisance would result, sanitary sewers -4- I I I Ordinance Number . .". may on specific permit of the City Council be omitted. SECTION 5 - WATER SUPP~ w.ater shall be provided from the water system of the City. Water mains shall be constructed to serve each lot within the subdivision to the satisfaction of the City Engineer. Where the water main is in an improved area, service connections shall be laid to the property line prior to the improvement of the street. SECTION 6 - ALLEYS (a) Alleys twenty feet wide shall be provided at the rear of all lots classified for or to be used for commercial or mult~ple-fam11y purposes. If adequate off-street parking areas to serve such property are securely reserved for such purpose and are shown upon the map and approved by the City in the manner herein provided, this requirement may be modified. (b) Alleys at the rear of business, industrial, or unlimited mul- , tiple residential property shall b e subject to determination by the City as to design, location, and width; provided, however, in no instance shall the width be less than twenty feet. (c) Alleys shall be required at the rear of all property fronting directly upon any major or secondary highway, and when no service road is required or dedicated for ingress to and egress from such property. (d) Where two alleys intercept 01' intersect, the corners shall be cut on straight line connecting points on both lot lines ten feet distant from the corner of the lot or lots at the intersection of the alleys. SECTION 7 - DRIVEWAYS Driveways shall not be permitted opening to streets where alleys have been required or t.rhere driveway openings would interfere unduly wi th traffic. SECTION 8 - UTILITY EAS~mNTS Easements for electric lines and telephone lines, twelve (12) feet -5- I I I Ordinance Number , .". in width, being six (6) feet on either side oj! rear lot lines and six (6) feet on either side of side lot lines where necess:a:t'"1, shall be provided generally through the interior 01' each block. Where such easements paralle1. the boundary of a subdivision, such easements shall be ten (10) feet in width on the property of the subdivision. Ease- ments shall be shown on the map, but not dedicated. Easements required for sanitary sewers, storm sewers, or channels, slope rights, and water pipe lines shaJ.l be so shown on the m.e;p and dedicated to the City. SECTION 9 - WALKWAYS (a) Walkways shall be dedicated and improved wherever necessary for the convenience of pedestrain traffic. Sidewalks shall not be less than four (4) feet in width, SECTION 10 - PARKING AREAS Special areas for oft-street parking 01' motor vehicles offered for dedication or to be otherwise reserved for public use in connection with proposed business, industrial, unlimited multiple residential, or institutionaJ. property, shall be subject to determination by the City as to size, location, shape, and adequacy. SECTION 11 - EOTS - (a) Lot areas shall be such as will conform to the standards of development as defined by the Zoning Ordinance or by other official plans adopted pursuant to law. Each R-l lot shaJ.l have an area of at least five-thousand square feet; R-2 lots, five-thousand, five hundred sq. feet; and R-3 lots, six-thousand, five hundred square feet. (b) All lots must have a frontage on a public street. (c) The width of lots shall be such as will conform to standards of deve1.opment as defined by the Zoning Ordinance or other official plans adopted pursuant to 1.aw, provided the minimum width of interior -6- I I I Ordinance Number ,)..- lots shall be not less than fifty feet at building setback line, and not less than firt;y-five feet at the street line. Corner lots shaJ.l have a minimum width of fifty-five feet, and provided further that odd-shaped lots shall be subject to individual determination by the City. SECTION 12 - BLOCKS (a) Blocks shall not exceed one-thousand, three-hundred feet in length between the center lines of any intersecting streets. (b) A deadend street in which future extension is not intended or possible, shall not be longer than five-hundred feet from the nearest intersecting street line. (c) The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this ordinance. SECTION 13 - EXCEPTIONS In the event that the literaJ. application of any of the recommen- dations herein prescribed causes an impracticaJ. rElquirement or an un- due hardship because of speciaJ. circumstances, the City Council may waive the requirements involved upon such conditions as the Council may prescribe. Such special circumstances may include the limited size of the property to be subdivided, unusuaJ. shape, extreme topography, dominat- ing drainage problems, or the impracticability of employing a compre- hensive plan of layout by reason of prior existing recorded subdivision of contiguous properties, or a proposed industriaJ. development. ARTICLE 111 'l'ENTATIVE MAP' SECTION 14 - REQUIREMENTS Each proposed subdivision shall be submitted in map form. Not less than eight (8) copies shall be filed with the Secretary of the -7- I I I Ordinance Number .', City Planning CoIllIll1ssion. When such required copies of a tentative map are filed, the Secretary of the Planning Colllll11ssion shall imme- diately forward one copy to each of the following when necess:ary with a request that each report recoIlllllendations, if eny, to the Planning Commission: (a) (b) (c) (d) (e) (f) City Engineer Each city entitled by law to review end recommend thereon Two copies for the Planning Commission Division of Highways, State Department of Public Works County Planning Commission Division of Real Estate SECTION 15 - SIZE OF MAP The scale of such tentative map or maps (preferably 1"=100) shall - be such as to show the entire subdivision on one sheet, at a scale not less than 200 feet to the inch. SECTION 16 - INFORMATION ON TENTATIVE MAP Each such map shall contain the follo.ring information: (a) Tract number (b) Name end address of the owner or owners whose prope1'ty is p1'oposed to be subdivided. (0) Name and address of registered civil engineer or licensed sUI'veyo1' who prepared the map. (d) No1'th point (e) Scale (f) Date of prepllZ'ation (g) Boundary lines (h) The locations, end widths, of all existing and proposed streets, highways, ways, and alleys in the subdivision and their app1'o- ximate g1'ade if in excess of six per cent. (i) The locations names, and widths of existing adjacent streets, highways, wayv, alleys, end other public properties. (j) Lot numbe1', lot lines, and approximate dimensions of each lot. (k) Approximate location end width of wate1' COUI'ses or areas sub- ject to ,inundation f1'OIn floods, or location of structures, irrigation ditchesf railroads, and othe1' pe1'll1anent physical features. (ll Description of the exterio1' boundaries of the subdivision or legal,desc1'iption of the prope1'ty comp1'ising the subdivision. (m) Width and location of all existing or proposed public 01' p1'ivate easements. (n) Classification of lots as to intended residential, cOIllllle1'cial, indust1'ial, 01' othe1' uses. (0) PI'oposed di1'ection of rlow of st1'eet drainage. (p) App1'oximate 1'adii of curves. (q) Contours, st1'eet p1'ofile end c1'oss-sections, if necessary in the opinion. of the City Engineer, -8- I I I Ordinance Number . .". " SECTION 17 - SUPPLEMENTAL INFORMATION The tentative map shall show thereon, 01' be accompanied by reports, and written statements from the subdivider giving essential information regarding the following matters: (a) SOUl'ce of water supply (b) Proposed method o~ ee.'rage disposal. (c) Proposed storm water jewel' 01' other means of drainag,e. SECTION 18 - REQ.UIRED FEES; . A fee to cover costs of checking shall be paid for each tentative map or maps of a subdivision in 8II10unts as follows: (a) $25.00 for each subdivision other than for a subdivision consolidating properties into one lot or for a subdivision of the p~- pose of reversion to acreage. The City Engineer shall issue a receipt for the fee received, identifying same as related to the number of the subdivision for which such fee is tendered. (b~ Fees for other maps shall be as provided in Section 37. SECTION 19 - PROCEDURE (a) After noting the above requirements it is desirable that the subdivider confer with the staff of the City Planning Commission and the City Engineer before preparing the tentative map. (b) Such tentative map must have a tract number to be assigned by the County Surveyor of Orange County. (c) 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 Secretary of the Planning Commission. Such filing shall be prior to the completion of final surveys of streets and lots and be- fore any grading or construction work is done within the proposed sub- division, that might be affected by changes in the tentative map. -9- I I I Ordinance Number " ,J1'( " To assure to the Planning Commission a1 necessary information to consider a tentative map, the Commission shall act only upon such tentative maps as shall have been filed with the Commission not less than ten (10) days prior. (d) Prior to the consideration by the Planning Commission of a tentative map and within the ten (10) days following its filing, the City Engineer shall make a report in writing to the Planning Commission as to arry reconnnendations in connection wi th the tentative map and its bearing on particular functions. Failure to so report shall be deemed approval. SECTION 20 - COMMISSION ACTION AND RECORD The Planning Commission shall consider a tentative map at its first regular meeting held not less than ten (10) days following the filing of said map. Action on such tentative map in recommending th~ apprOVal./o~o~~;~~~~~a!P~h~be taken not la:ter than thirty (30) days fOllowing the date on which the map is filed. Railure to so act shall be deemed approval. Within not to exceed seven (7) days foll1iJWing the action of the Planning Co~ssion upon any tentative map, the Secretary of the Commission shall transmit a copy of the record pertaining to such action to the City Council. A copy of such official action on a tentative map shall also be permanently affixed to the official file copy of such map in the records of the Flanning Commission. SECTION 21 - COUNCIL ACTION AND REPORT The City Council shall' approve, conditionally approve, or dis- approve the tentative map and through the City Engineer shall report the action thereon to the subdivider and the City Planning Commission not later than ten (10) days following the first meeting of the City Council subsequent to the date on which the report of. the City Planning Commission was received. -10- I I I Ordinance Number . , " ARTICLE lV FINAL MAP - SECTION 22 - PREPARING FINAL MAP After the approval of a tentative map by the City Council, the subdivider mq cause a final map to be prepared in accordance with a completed sUl'Vey of the subdivision and in a substantial compliance with the approved tentative map. and in full compliance with the Subdivision Map Act and this ordinance. SECTION 23 - REQUIRED INFORMATION The final map shall contain the following information: (a) If more than three (3) sheets are used, an index showing entire subdivision of lots numbered consecutively shall be included. (b) Title, number of tract, date, north point, and scale. (c) Descripti~ of land included. (d) Location and names, ld thout abbreviations, of all: (1) Proposed streets and alleys; (2) Proposed public areas and easements; (3) Adjoining streets. (e) Dimensions in feet and decimals of a foot. (f) Dimensions of all lots. (g) Each lot shall be numbered; each block may be lettered or mumbered. Each lot shall be shown entirely on one sheet. (h) Center line data on streeps, alleys, and easements, includ- ing bearings and distances. SECTION 24 - RECORD OF EASEIom:NTS , , (a) The final map shall show the center line data and widths of all recorded easements to which the lots are subject, (b) Utility easements shall not be dedicated to the City. -11- Ordinance Number I':' l.. (c) Easements shall be clearly labeled and identif'ied with respect to the Use for which intended and proper reference to the I records given. (d) Public easements shall be dedicated and so indicated in the certificate of dedication. SECTION 25 - REQUIRED SURVEYING DATA Each map shall have indicated thereon the following: (a) Radius, tangent, arc, and central angle of curves. (b) Suitable primary survey control points. (1) Section corners (2) ].lonuments (existing outside of sUbdivision). (c) Location of all permanent monuments within subdivision. (d) Ties to and name of adjacent subdivisions. (e) Ties to any city or county boundary lines involved. I (f) Ties to any ex.isting city streets, alleys, easements adjacent to the subdivision. (g) Required certificates. SECTION 26 - SIZE AND CONTENT OF I{AP I , , . (a) The final map shall be clearly and legibly delineated upon tracing cloth of good quality. All lines, letters, figures, certifi- cates, acImowledgments and signatures Shall be made in black waterproof india ink, except that affidavits, certificates, and acImowledgments may be legibly stamped or printed upon the map with black opaque ink. (b) The size of each sheet shall be 18 x 26 inches, (c) A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (d) The scale of the map shall be large enough to show all de- - tails clearly and not less than eighty (80) feet to the inch. -12- I I I Ordinance Number , ..... " (e) Each sheet shall be numbered, :the relation of one sheet to another clearly show.n, end the number of sheets used shall be set forth on each sheet. (f) The tract number, scale, north point and sheet number shaJil be show.n on each map sheet of the final map. (g) The bOWldary line of the subdivision shall be indicated by a heavy weight colored ink line showing clearly the limits of the pro- perty included in the subdivision. SECTION 27 - TITLE SHEET (a) The title sheet of each 1'inal map of a subdivision shall contain a title consisting of the number, name, or other designation of tne subdivision together with the loIOrds. "In 'Che Ci1:Y 01' Seal Beach" or "Partl-y Within the City of Seal Beach and partly in Wlincorporated territory or other city." (b) Below the title shall be a subtitle consisting of a general description of all the property being subdivided, by reference to sub- divisions or to section surveys. (c) Re1'erence to tracts and subdivisions shall be spelled out and worded identically with original records, with complete references to proper book and page of the records. (d) Title sheet shall show, in addition, the basis of bearings. (e) Maps filed for purpose of reverting subdivided land to acreage shall be conspicuously marked under the title liThe purpose of this Map is a Reversion to Acreage." SECTION 28 - CERTIFICATES Forms for certificates required by the Subdivision Map Act and this ordinance may be secured from the City Engineer. -13- Ordinance Number " " , ' , " . SECTION 29 - SURVEYING DATA FOR LOTS (a) Sufficient data shaJ.l be shown to determine readily the I bearing and length of each line. (b) Dm.ensions 01' lots shaJ.l be the net dimensions. (c) No ditto marks shaJ.l be used. (d) Lots containing one fiCre or more shaJ.l show net acreage to nearest hundredt~. (e) The finaJ. map shaJ.l show the center lines 01' all streets, length of tangents, radii, and centraJ. angles or radiaJ. bearings of aJ.l curves, the total width 01' each street, the width of the portion being dedicated and the width of existing dedication and the width 01' each center line; aJ.so the width of right-of-way 01' railroads, flood control, or drainage channels and all easements. I I SECTION 30 - MATHEMATICAL STANDARDS , , (a) The finaJ. map 01' any subdivi810n shaJ.l be submitted to the City Engineer for checking, and he, or his designate, shall ascertain whether the work meets the standards in general use throughout Orange County both for mathematicaJ. precision and for surveying methods and assumptions. (b) The cost 01' this work will be borne by. the Subdivider or his Engineer and a fee 01' $25.00 plus $1.00 per lot will be assessed against any such lotification. In the case of a reversion to acreage, this charge will be $10.00. SECTION 31 - EXISTING MONUMENTS (a) The finaJ. map shaJ.l show clearly what stakes, monuments, or other evidence was found on the ground Which were used as ties to determine the boundaries 01' the tract. (b) The corners 01' adjoining subdivisions or portions thereof shaJ.l be identified and ties shown. -14- I I I Ordinance Number , - " . ' " SECTION 32 - NEW MONUMENTS (a) In making the survey for the subdivision, the surveyor shall set sufficient permanent monuments so that the surveyor any part thereof '11lB:Y be readily retraced. Such monuments shall generally be placed at angle points on the exterior boundary lines of the tract. and at intersections of center lines of streets and at the beginning of curves and end of curves on center lines. The character, type, and positions of all monuments shall be noted on the-map. (b) All permanent monuments required to be set shall conform. to the requirements of the C~ty Engineer, SECTION 33 - ESTABLISHED LINES (a) Whenever the City Engineer has established the center line of a street or alley such data shall be considered in making the sur- veys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact sha1l be stated. (b) The final map shall show city boundaries crossing or adjoin- ing the subdivision clearly designated and tied in. SECTION 34 - LOT NUMBERS, (a) The lots shall be numbered consecutively, commencing with the number 1, with no ommissions or duplications. (b) Each lot shall be shown entirely on one sheet. (c) Block numbers '11lB:Y be used, but are not preferred. They shall be consecutively numbered in the same manner as required for numbering lots, or they may be lettered in alphabetical sequence beginning with the letter "A." (d) _ Lots within each block shall be numbered as herein provided for subdivisions where blocks are not employed. -15- I I I Ordinance Number " '. SECTION 35 - PROCEDURE FOR FILING (a) After receipt of the report of the City Council approving or conditionally e,pproving the tentative map, the subdivider m.a:y, within one (1) year from the date of said approval, prepare, file, and record a final map as herein provided. If such final map is not recorded within one (1) year from the date of the approval of the tentative map, said map shall be considered abandoned. The City Cou nc11 may grant to the subdivider an extension of time ld thin which he may file such final maps, provided that the subdivider has made an appli- cation in writing to the City Council far such purpose before the expiration of said period of one year. -16- I I I Ordinance,Numb~r - On na2e 17 - subsection (e) should be subsection (c) ~.~~ . F. W. Hickman Ci ty Clerk I I I Ordinance Number , . .. (b) For purposes of filing a final map, the subdivider shall submit to the City Engineer an original final map tracing, one (1) duplicate tracing, 8nd four (4) blue line prints thereof. One blue line shall be returned to the subdivider after showing thereon corrections, if any. or a statement by the City Engineer that the ma,p is correct, The three (3;) remaining copies' shali be retained for '. ,. - other departmental purposes. When the map is found to be correct. the final map tracing and llupl1cate tracing shall be certified:. by the City Engineer and the City Clerk, and returned to the subdivider for re: cording. After recording, the subdivider shall provide one (1) blue line print' on cloth or the subdivision which shall be permanently filed with the City Engineer. (e) If the -final map as submitted conforms substantially in everi i-espect to the requirements of the C.ity Council pertaining to the tentative map. and no new features have been added which have not been approved by the Advisory Agency and City Council, such fact shall be reported to the City Council, and the "City Engineer and the City Clerk may certify thii said map in behalf ot the 'City. If the 1'inal'map does not so conform, mch fact, and the natw..e of the non- conforming features shall be reported to the City Council. (d) When requested, traverse sheets and m;rk sheets showing the closure or the exterior boundaries of each irregular block and lot shall be provided. SECTION 36 - ,GUARANTEE OF PERFORMANCE The subdivider shall provide the necessarr bonds to guarantee completion of the improvements as required in Section 40. paragraph (f). ,. r SECTION 37 - REQUIRED FILING FEE ~ ...... rfilfiig fee to cover costs '01' ehecking shall be paid for each tinal map or ma,ps 01' a subdivision in amounts as follows: -17- ,I 1 I Ordipanc~ Number ". . 'Ii. .' " (a) $5.00 for a subdivision consolidating properties into one , lot subdivision; or for a subdivision for the purpose of reversion to acreage. (b) $10.00 for a record of survey map as described in Section 42 of this ordinance. (c) For each subdivision other than those indicated in items (a) and (b) of this section, the actual cost of checking shal~ be . - included with the cost of engineering incidental to the subdivision improvements. The suret)- bonds required for faithful performance of subdivision improvements shall not be released until all City engineer- ing charges are paid. SEXlTION 38 - CITY ENG.LJ.lJ!a!i.tt'S ENDORSEMENT " , After -receiving copies of the final map, the City Engineer shall examine the map as to sufficiency of affidavits mid acknowledgments, correctness of surveying data, mathematical data and computations and such other matters as require checking to insure compliance with the provisions of the Subdivision Map Act and of this ordinance. If' the final map is found 'to be in compliance with this ordinence, the City Engineer shall endorse his approval thereon. SECTION 39 - CERTIFICATE OF TITLE Each'subdivision map -, sh811 be accompained by satisfactory evidence of title. SECTION 40 - DEDICATION AND IMPROYmlEN'TS . ~ . . '.' . '(a) In the event any dedication'1s to be made for public use, ~" . the subdivider shall file a certificate of title, subdivision guarantee, or a dedication letter, in the name of the ower of the land, issued to or for the benefit and protection of the City of Seal Beach. -18- I I I Ordinance Number " :. " , ' (b) Streets~ or portions of streets may be offered for 1'\iture dedication where the immediate opening and improvement is not required, but where it is necess.ary to insure that the City can later accept dedication when said streets: are needed for the f'urther development of the area or adjacent areas. (c) The subdivider shall provide for the drainage of lots slid shall improve, or agree to improve, all land dedicated for streets, higbBays, public ways, and easements as a condition precedent to acceptance and approval of the final :map. Such improvements shall include such grading, surfacing. sidewalks, street trees, curbs, gutters:, culverts, bridges, storm drains, sanitary sewers:, w.ater- system, street lighting, street name signs and such other structures' or improve- ments as: may be required by ordinance or deemed by the City Counci~ to be necess:ary for the general, use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. (d) Al~ improvements shall be installed to grades approved by the City Engineer. Lot grades shall be established so as to provide - . proper and adequate dr"i"'age. (e) The subdivider shall file with the City Engineer either at the time of filing the final map or at a later date, detailed plans, profiles, and specifications of &1 improvements proposed to be installed. It all plans, profiles, and specifications of improvements are not filed with the City Engineer at the time of filing of the final map, the surety bOnd as required in Article lV (Sec. 40 (1)) shall include a guarantee that the rE""'''i'''ing plans, .pi-ofiles, ma.~ specifications will be prepared in acco:rdance with the requirement of the City Engineer. (f)- If Buch improvement work be not completed satisfactorily before the final map is reco:rded, the owner or owners of the sub- division shallL, immediately prior to recordation of the final map,. enter as contractor into an agreement with the City whereby in con- sideration of the acceptance by the City of the street and easements -19- I I I Ordinance Number " .. - offered for dedication, the contractor agrees to complete the work within the time spec11'ied in the agreement. The Subdivider shall: (1) File with the City Engineer a surety bond in such an . amount as the City Engineer Shall estimate and determine to be necessary to provide all the improvements reliuired to be done by' the subdivider, which surety bond shall be executed by' the subdivider, as principal, and a corporation authorized so to act under the lawS\ of the State of Call1'ornia, as surety, the same to be payable to the City and to be conditioned upon the faithtul performance of 8ri1' and 811 work required to be done by the subdivider. Said bond shall be .further conditioned to the effect that sholild the'subdivider fail to complete all work required to be done by him wi thin a specified reasonable time, the City may, at its option, cause all required work to be done l!!114 the parties executing the bond shall be firmly bound for the p~nt of all necessary costs therefor (in the case of the surety not exceeding the amount of the bond) or, . (2) Enter into a contract with the City to complete such - r improvements within a specified reasonable t1iDe a1'ter the approval and recordation of the final map. The subdividers obligations under such contract shall be secured, in such an 8lI10unt as the City Engineer shall estimate and determine will be necessary to provide all - the improvements required to be done by' the subdivider, by' a deposit with the City Treasurer of money 01' of negotiable bonds, of the kind approved by law. for securing deposits of public money. ShouJ.d the subdivider fail to complete all such work required withllii a specified reasonable time, the City may, at its option, cause all required work to be done and the money or bonds of the deposit shall be firmly bound for the pay.;.ent of all necess'ary costs therefor in such case, the City Treasurer shall pay to the City out of the monies and bonds on -20- I I I Ordinance Number , .' . " ~ , ' deposit al] costs and expenses locurred and expended by the City 10 causing any and all such required work to be done and to secUre the cost 01' which said deposit was made, upon the filing by the City Engloeer with the City Treasurer of a statement signed by h11ii that 811 work required Under said contract to the extent that the cost of said work w.as. covered by the deposit has been completed" together with a statement of costs and expenses locurred and expended by the City therefor; or, (3) Enter loto a contract with the City, noured by a faith1'Ul performance bond approved by the Counoil; and in accordance with all 01' the provisions of Seotion 20 of the Subdivision lup Act" there- unto appertainiIlg tor" the construction and completion or the improve- ments under an appropriate special assessment act by the 1'ormation 01' a special assessment district covering said subdivision or part thereof. Every surety bond furnished and every contract under which a depo~t is made to secure and guarantee the construction and com- pletion 01' the improvements required to be done by the subdivider shall further provide that the surety or the City Treasurer shall contloue to be firmly bound (up to the amount 01' the bond or deposit), under a ~ .. contlouing obligation for the p~nt 01' aL 1 necesaary costs and ex- penses that may be inourred or expended by the City in causing any and all such required work to be done, and that sU.d suret7 or depositor, respective17 ass:ents to eny lawful extensions 01' time within which to construct and complete such improvements that !118:1 be granted to the subdivider. A guarantee for the construction and completion 01' improvements, 10 the form provided 10 subdivisions (1), (2), or (3) 01' this section ,,, ..... shall not be vaived under any conditions. -21- I I I Ordinance Number .. ;.. SECTION 41 - IMPROVEMENTS REQUIRED . . The minimum improvements which the subdivider will be required to make, or enter into an agreement to make, in the subdivision prior to the acceptance and approval of the final map by the City Council shall be: (a) Adequate distribution and service lines for domestic water supply to each lot. (b) Sewerage system, main sewers, and house sewers to serve all lots, except as provided under Section 4, hereof. (c) Adequate drainage of the subdivision lots, streets, ways, highways, and alleys, including the provision of storm drains, culverts, bridges, and appurtenant structures,. (d) Adequate grading and surfacing of streets, highways, ways, and alleys. (e) Curbs and gutters, cross gutters, and sidewalks. (f) Monuments (g) Fire hydrants at locations designated by the Water Department. (h) Street name signs, two (2) to each intersection. (i) Necess'ary barricades and safety devices. (j) Street lights suspended from metal poles; overhead wiring running fram one street-light standard to another street-light standard will not be allowed. (k) Trees in parkways All improvements shall con1'orm to the City's '8xblting standards and speCifications, or to standards and specifications hereafter established by resolution of the City Council. -22- I I I Ordinance Number , .a"o '" t' .. . , . ARTICLE V RECORD OF" SURvEY , ' SECTION 42- - RECORD OF SURVEY MAP . ~ . .. ... .... - . .' (aj i"rec:ord'"o!' surVey" map mai"be tile d tor &n"I division 01' land"tor which a subdivision map is not required by the Subdivision MlW Act. In such cases: there shall be filed in the ottice 01' the Co~ty Reo order, a record at survey map conforming, in respect to design,' 'to a tentative map approved in the manner provided by this ordinance. The same 1Jrl,provements as required by this o1'dinance for a subdivision shall be 1'equi1'ed in the case 01' a reco1'd 01' survey, except 1'01' those 1Jrl,provem.ents found by the City Council to be un- necess81'7 tor the public convenience and necessity. The construction 01' ~ 01' these 1Jrl,provements shall be required and accomplished in the manner p1'escribed in this ordinance tor ~UbdiVision tor lilich a tinal map is tiled. (b) The tol~owing certificates shall appear on a record 01' survey map: (i) A certificate by the City Clerk stating that the City Council apPl'oved the map for subdivlsion"purposes in accordance-' with the Pl'ovisions 01' this ordinance and the Subdivision Map Act. (2) A certificate by the engineer or "surveyor responSible tor the survey"giv1Ilg the date 01' the survey and stating that the surv8'1 was:'made~,bj: him, orttmder~h1s direction and setting forth the name 01' the owner who 8I1thorized him to make the survey and that the survey is true and complete as: shown. This certi1'icate shall also state that the monuments are, or will. be, 01' the character and occupy the positions required by this ordinance and as shown upon the map. This certificate shall also state that the monuments are, " or wi~ be, sufficient to enable the survey to be retraced. -23- I I I Ordiance Number , .~. . .. e (3) A, certificate, or certificates of the City Engineer relating ,. ~ to the ex8m1nation of the ma,p such as is required in the case of a 1'inal map as prescribed by this ordinance e, ARTICLE Vl DIVIDING OF LOTS SECTION 43: - DIVIDING" of' LOTS: .. .......:. . . 4,. , . ~ .. . .. -' . . (8.5 'For the purpose 'of this - section, a lot is defined as a:rq - separate parcel 01' land wi thin the city regardless, of size. (b) A lot shall not be divided unles:s such division is recommended " , by the Advisory Agenoy and a variance is obtained as provided in the Zoning Ordinance - of the City. (c) - The provisions of this article are not III plicable to the , .., ' division 01' lot a by the filing of a subdivision map. ARTICLE Vll LIMITATION' 6N 'PROPERTY USE -,.. .' SECTION 44 - LIMITATION ON'EROPERTY USE~ - .. ~. ,.' ... ... No building permit or other official evidence of authority for use of premises shall be issued;. for any lot or parcel of land unless;: (1) Such lot or paroel 01' land is rec orded in the office " of the County Rec order 01' Orange. County as; a part of a subdivision or 0; a part or a"rec ord. or sUrvey. (2) Such lot or paroel 01' land has. resu1ted 1'rom a splitting of a lot or lots in the mmmer prescribed by this ordinance. This: sl!lction shall not apply to lots or parcels of land which have an estab- lished right to exist under separate ownership, prior to 19 - TIlE eP~e.nI/C; bA j'$, " or llITj ofl!/J,,q~fJ' a~~f 0 ~ tv \ . ARTICLE,Vlll PENALTIES:' -' REi>:E.A.t. -' ADOI'TION SECTION 45- mALTY FOR VIOLATION ~ ..... . ..-. -..... -" ':":"'~-"':"''''{'~ -...~...... ..... Any person,. 1'11'm, or corporation viohting 81I1 01' the provisions of this ordinance shall be deemed guilty 01' a misde'manor, and upon -24- I I I Ordinance Number '. .'. ~ .. ~. ~, . . . conviction thereo1' shall be punishable by a 1'ine 01' not more than 1'ive-hundred dollars ($500.00) or by imprisonment in the County Jail 1'01' a period 01' not more than ninety (90) days, or both such 1'ine and imprisonment. Any lot, street, alley, or other 1'eatures made the sub- ject 01' this ordinance maintained contrary to the provisions hereo1' shall constitute a public nuisance and may be abated by the City in a manner prescribed by law. SECTION 46 - CONSTITUTIONALITY OF ORDINANCE I1' any section, subsection, sentence, clause, or phrase 01' this o1'dinance is, 1'01' any reason, held to be invalid or unconstitutional by the decision 01' BnY':c.ourt 01' competant jurisdiction, such decision shall not a1'1'ect the validity 01' the remaining portions 01' the ordi- n~ce. The Council hereby d~clares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereo1' irreapective 01' the tact that any one or more other sections, subsections, clauses, sentences, or phrasea thereo1' might be declared invalid 01' unconstitutional. SECTION 47 - ADOPTION The City Cle1'k shall certi1'y to the passage 01' this ordinance and shall cause the same to be publiShed once in the Seal Beach Post and Wave, printed, published, and circulated in the City 01' Seal Beach and hereby designated 1'01' that purpose, and in thirty (JO) days this ordinance shall take e1'1'ect and be in 1'orce and shall govern in all matters provided herein. -25- I I I Ordinance Number . . . .. .. III . . The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Seal Beach and shall cause the same to be printed and published once in the SEAL BEACH POST AND WAVE. a newspaper of general circulation prfnted. published and circulated in the City of Seal Beach. PASSED. APPROVED AND ADOPTED by the City Council of the City thereof held on the ~~~ of Seal Beach at a regular meeting day ?7&U~ . 1955. ~~;f;~ MAYOR OF THE CITY OF SEAL BEACH ATTEST: .... ~~~~h',,___ City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SEAL BEACH ) I. F. W. HICKMAN. City Clerk of the City of Seal Beach and ex-officio. Clerk of the City Council. do hereby certify that the above and foregoing Ordinance was passed. approved and adopted by the City Council of held on the of the City of /fBf. Seal Beach at a regular meeting there- day of ~~u- ..........,.. . 1955. by the following vote: AYES. Councilmen CAt..v~ ';=.l..441-4'A"} i..F"41"R~ t.AklHIAl? Ct.AIfI( NOES, Councilmen .vl)-I'F ABSENT. Councilmen HilA'. D~ted: /9-~/(/e?rr {/ ~~~J'" __ . CITY CLERK