HomeMy WebLinkAboutCC AG PKT 2008-04-21 #C
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AGENDA REPORT.
DATE:
TO:
THRU:
April 21, 2008
Honorable Mayor and City Council
David Carmany, City Manager
FROM:
Lee Whittenberg, Director of Development Services
Quinn Barrow, City Attorney
SUBJECT: ADOPTION OF 2008 SUBDIVISION CODE - SECOND
READING OF ORDINANCE 1567 AND ADOPTION
SUMMARY OF REQUEST:
Conduct second reading and adopt Ordinance Number 1567.
BACKGROUND:
. In conjunction with the preparation of the New Zoning Code the City has also
updated the current Municipal Code provisions regarding mapped streets and
subdivisions that are currently contained within Chapter 11.A, Mapped Streets,
and Chapter 21, Subdivisions, respectively. Ordinance Number 1567 was
introduced by the City Council on March 10, 2008.
This proposed Ordinance includes those provisions in a new Title 10,
Subdivisions. The new Title 10 is formatted to. be consistent with the current
Titles 1 through 9 of the Seal Beach Municipal Code. In addition, the new Title
10 is consistent with and cross-references certain provisions of Title 11, Zoning.
Based on the recommendations of the Planning Commission regarding the
insertion of the Title designator "11" in front of all Chapter, Section, Table, and
Figure references, specific cross-references in Title 1 0 to Title 11 have been
revised in accordance with the Commission recommendation. No additional
revisions or corrections are required.
Title 1 0, Subdivisions, contains new provisions related to the following areas of
concern:
.
CJ Chapter 10.15: Design" and Improvement Requirements;
CJ Chapter 10.40: Streetscape; and
CJ Chapter 10.45: Block Structure.
AGENDA ITEM C
Z:\My Documents\Subdivisions\2008 Subdivision Code Adoption.CC SR 2.doc\LW\03-25-08
Adoption of 2008 Subdivision Code-
Second Reading and Adoption of Ordinance No. 1567
City Council Staff Report
Apri/21,2008
.
All of the other provisions of Title 10 include current provisions of both Chapter
11.A, Mapped Streets, and Chapter 21, Subdivisions, and are consistent with the
requirements of the Subdivision Map Act of the State of California, Government
Code Section 66410, et. seq.
FISCAL IMPACT:
No changes in fees currently in effect are proposed.
RECOMMENDATION:
Conduct second reading and adopt Ordinance Number 1567, An Ordinance of the
City of Seal Beach Amending the Seal Beach Municipal Code by Deleting
Chapter 11.A, Mapped Streets, and Chapter 21, Subdivisions, in their Entirety
and Adopting a New Title 10, Subdivisions.
NOTED AND APPROVED:
.
to
Whittenberg
irector of De elopment Servic
c::5J;I
David ca~aJ
City Manager
Attachment 1:
Ordinance Number 1567, An Ordinance of the City of Seal
Beach Amending the Seal Beach Municipal Code by
Deleting Chapter 11.A, Mapped Streets, and Chapter 21,
Subdivisions, in their Entirety and Adopting a New Title 10,
Subdivisions
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2008 Subdivision Code Adoption.CC SR 2
2
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Adoption of 2008 Subdivision Code -
Second Reading and Adoption of Ordinance No. 1567
City Council Staff Report
April 21, 2008
ATTACHMENT 1
ORDINANCE NUMBER 1567
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE SEAL BEACH MUNICIPAL CODE BY
DELETING CHAPTER 11.A, MAPPED STREETS, AND
CHAPTER 21, SUBDIVISIONS, IN THEIR ENTIRETY
AND ADOPTING A NEW TITLE 10, SUBDIVISIONS
.
.
2008 Subdivision Code Adoption.CC SR 2 3
.
ORDINANCE NUMBER 1567
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER
11.A, MAPPED STREETS, AND CHAPTER 21, SUBDIVISIONS,
IN THEIR ENTIRETY AND ADOpnNG A NEW TITLE 10,
SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby deletes Chapter 11.A, Mapped
Streets, and Chapter 21. Subdivisions, in their entirety and adopts a new Title
10, Subdivisions. to read as shown in Attachment A.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that It would have passed each section; subsection. subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 21st day of Acril . 2008.
.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held
on the 10th day of March. 2008 and was passed, approved
and adopted by the City Council at a meeting held on the 21 st day of
Acril , 2008 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
.
And do hereby further certify that Ordinance Number 1567 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
.
Chapter
Section
10.05
10.05.005
10.05.010
10.05.015
10.05.020
10.10
10.10.005
10.10.010
10.10.015
10.15
10.15.005
. 10.15.010
10.15.015
10.15.020
10.15.025
10.15.030
10.15.035
10.15.040
10.15.045
10.15.050
10.15.055
10.15.060
10.15.065
10.15.070
1 0.20
10.20.005
.
10.20.010
10.20.015
10.20.020
10.20.025
City of Seal Beach
TITLE 10: SUBDIVISIONS
Subiect
Pace
Applicability and Administration of Subdivision
Regulations
Definitions.................................................................. 4
Applicable Law.......................................................... 4
Administration and Advisory Agencies....................... 4
Enforcement.............................................................. 7
Subdivision Map Approval Requirements
Subdivision Approval Required.................................. 8
Exemptions................................................................ 8
Applications Deemed Approved ................................ 9
Design and Improvement Requirements
Design and Improvement Standards ....................... 10
Access, Circulation, Streets..................................... 11
Energy Conservation............................................... 14
Fi re Hyd rants.. .. .. . .. . .. . . .. . . .. . .. .. .. . .. . .. .. .. . .. . .. .. . . . .. . .. .. . ... 14
Grading, Erosion and Sediment Control.................. 14
Landscaping............................................................ 15
Monuments ........ ........... .................... .... ........... ........ 15
Parcel Design.......................................................... 15
Public Utilities and Utility Easements....................... 16
Sewage Disposal..................................................... 17
Street Lighting......................................................... 17
Street Names and Signs .......... ......... ....... ................ 17
Storm Drainage....................................................... 17
Water Supply........................................................... 18
Tentative Parcel Map and Tentative Tract Map
Filing and Processing
Tentative Parcel Map and Tentative Tract Map Filing,
Initial Processing ..................................................... 19
Evaluation of Application .........................................20
Public Hearing .........................................................20
Applicable Law................ .......... ................. ............. 20
Conditions of Approval............................................. 22
Title 10 - page 1
Municipal Code
Ord. No 1567
May 2008
Chapter Section Subiect Paae .
Effective Date of Tentative Map ApprovaL.............. 23
10.20.030
10.20.035 Changes to Approved Tentative Map
or Conditions........................................................... 23
10.20.040 Compliance with Conditions of Approval................. 24
10.20.045 Vesting Tentative Map ................. ..... .......... ............. 24
10.20.050 Expiration of Approved Map .................................... 26
10.20.055 Extensions of Time for Maps ...................................27
10.20.060 Map Waiver for Mobilehome Parks.......................... 27
10.25 Parcel Maps and Final Maps
10.25.005 Parcel Map Required ............................................... 28
10.25.010 Waiver of Parcel Map .............................................. 28
10.25.015 Parcel Map Form and Content................................. 29
10.25.020 Filing and Processing of Parcel Maps ..................... 29
10.25.025 Parcel Map Approval............................................... 29
10.25.030 Final Maps............................................................... 30
10.25.035 Final Map Form and Content................................... 30
10.25.040 Filing and Processing of Final Maps........................ 30
10.25.045 Final Map Approval......... ............... .............. ............ 31
10.25.050 Subsequent Acceptance of Offer of Dedication ....... 32 .
10.25.055 Supplemental Information Sheets............................ 32
10.25.060 Recordation of Maps ...............................................33
10.25.065 Amendments to Recorded Maps ............................. 33
10.30 Residential Condominiums and Condominium
Conversions
10.30.005
10.30.010
10.30.015
10.35
10.35.005
10.35.010
10.35.015
10.35.020
10.35.025
City of Seal Beach
Condominium Project Constitutes a Subdivision ..... 34
Subdivision Map Required for Residential
Condominiums..... .......... .... .......... ....... ....... .............. 34
Subdivision Map Required for Residential
Condominium Conversions... ............ .......... ............. 34
Lot Line Adjustments, Mergers, Certificates of
Compliance and Reversions to Acreage
Lot Line Adjustments ............................................... 36
Parcel Mergers.... .......... ............ ...... ........ .......... ...... 37
Certificates of Compliance....................................... 38
Conditional Certificates of Compliance.................... 39
Reversions to Acreage ............................................ 39
Title 10 - page 2
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Municipal Code
Ord. No. 1567
May 2008
.
Chapter Section
10.40
10.40.005
10.40.010
10.45
10.45.005
10.45.010
10.45.015
1 0.50
10.50.005
10.50.010
10.50.015
10.50.020
10.50.025
10.55
10.55.005
10.55.010
10.55.015
10.55.020
10.60
10.60.005
10.60.010
10.60.015
.
.
City of Seal Beach
Subiect
Paae
Streetscape
Purpose of Chapter .............. ................... ................ 42
Streetscape Standards and Guidelines ................... 42
Block Structure
Purpose of Chapter ................................................. 53
Block Design Standards and Guidelines.................. 53
Lot Sizes.................................................................. 55
Dedications
Dedications.............................................................. 56
Park Land Dedications and Fees............................. 56
Reservations of Land............................................... 60
Right-of-Way Dedications .......................... ..... ......... 61
School Site Dedications........................................... 62
Improvement Plans and Agreements
I mprovement Plans.................................................. 64
Installation of Improvements.................................... 64
Improvement Agreements and Security................... 66
Soils Reports ....... .................... .................. .............. 68
Surveys and Monuments
Survey P roced u re and Practice............................... 70
Monuments.............................................................. 70
Survey Information on Final or Parcel Map.............. 71
******
Title 10 - page 3
Municipal Code
Ord. No. 1567
May 2008
Chapter 10.05 Applicability and Administration
of Subdivision Regulations
.
A 10.05.005 Definitions.
A. Subdivision Map Act Definitions Incorporated by Reference.
The definitions contained in Government Code ~~ 66414-66424 and 66424.5 of
the Subdivision Map Act ("Map Act"), and Title 11: Zoning, Chapter 11.6.05,
Terms and Definitions, are hereby incorporated by this reference unless
otherwise indicated herein.
B. Parcel Map. Subdivision map required pursuant to Section
10.10.005.B: Parcel Map for subdivisions of 4 or fewer parcels.
C. Final Map; Tract Map. Subdivision map required pursuant to
Section 10.1 0.005.A: Tentative Tract Map and Final Map for subdivisions of 5 or
more parcels.
A 10.05.010 Applicable Law.
A. Subdivision Approval Required. No property in the City shall be
subdivided unless the subdivider has complied with all applicable provisions of .
this Title and the Map Act. In the event of any conflict between the provisions of
this Title, the Map Act, or other provisions of the Municipal Code, the most
restrictive provisions shall control.
B. Compliance with other Regulations Required. City approval of a
subdivision shall not authorize or be deemed to authorize: an exception or
deviation from any zoning regulation; or development in violation of City
ordinances or regulations.
A 10.05.015 Administration and Advisory Agencies.
A. City Officials. The Director of Development Services ("Director")
and City Engineer shall: administer and enforce the provisions of this Title and
applicable provisions of the Map Act; recommend the kinds, nature and extent of
improvements required to be installed in subdivisions; and recommend the
imposition of reasonable conditions upon subdivision applications.
B. Subdivision Technical Review Committee. In addition to the
determinations listed in Table 10.05.015.C: Review Authority for Subdivision
Determinations, the Subdivision Technical Review Committee, consisting of the
Director, the City Engineer and the Building Official, shall: investigate and report
on the design and improvement of proposed parcel map subdivisions; prescribe
Title 10 - page 4
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
the kinds, nature and extent of improvements required to be installed in
connection with parcel maps; and impose reasonable conditions thereon.
1 . Recommendations and Decisions. Recommendations
and decisions of the Committee pursuant to Table 10.05.015.C: Review Authority
for Subdivision Determinations shall be determined at a public meeting of the
Committee and all recommendations and decisions shall be provided in writing to
other City advisory and approval bodies set forth in Table 10.05.015.C: Review
Authority for Subdivision Determinations and the project applicant.
2. Meetings Open to Public. Subdivision Technical Review
Committee meetings shall be open to the public, and any officer, person,
subdivider, owner or interested person may attend such meeting and present any
appropriate matters to the Committee
C. Planning Commission. In addition to the determinations listed in
Table 10.05.015C: Review Authority for Subdivision Determinations, the Planning
Commission shall: recommend to the Council the approval, conditional approval,
or disapproval of requests for modification of the design and improvement
standards of this Title pursuant to Section 10.10.010: Exemptions; recommend
modifications of the requirements of this Title; and perform additional duties in
compliance with this Title and applicable state law.
.
(Intentionally left blank)
.
Title 10 - page 5
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
Table 10.05.015.C
Review Authority for Subdivision Determinations 1
Decision
Recommend
A eal
Appeal
Decision
Decision
Decision
A eal
Recommend
Decision
Recommend
Recommend
Decision
Decision
Decision
Recommend
Decision
Recommend
Recommend
A eal
Recommend
Notes: 1. The review authorities for various planning permits are set forth in Title 11, Zoning.
.
Decision
A eal
Appeal
Appeal
A eal
Decision
A eal
Decision
Decision
.
2. "Recommend" means that the body makes a recommendation to a higher body.
"Decision" means that the body makes the final decision on the matter.
"Appeal" means that the body considers appeals to the decision of an earlier decision-making
body, in compliance with Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial
Decisions.
110.05.020 Enforcement.
A. Notice of Violation. The City may take the actions described in
Map Act ~ 66499.36 if property has been divided in violation of this Title or the
Map Act.
B. Permit Issuance Prohibited. The City shall not issue any permit
or certificate, or grant any approval to develop any property where the property
was divided, or was created by a division, in violation of the provisions of this
Title or the Map Act.
******
Title 10 - page 6
City of Seal Beach
Municipal Code
.
Ord. No. 1567
May 2008
.
Chapter 10.10 Subdivision Map Approval Requirements
110.10.005 Subdivision Approval Required.
A. Tentative Tract Map and Final Map. Each subdivider proposing
to subdivide property into 5 or more parcels shall apply for Tentative Tract Map
and Final Map approval, unless the property is exempt pursuant to Section
10.10.010: Exemptions.
B. Parcel Map. Each subdivider proposing to subdivide property
into 4 or less parcels shall apply for Tentative Parcel Map and Parcel Map
approval unless the property is exempt pursuant to Section 10.10.010:
Exemptions, or the City has granted a waiver pursuant to Section 10.25.010:
Waiver of Parcel Map.
110.10.010 Exemptions.
No subdivision map is required for:
A. Agricultural Leases. Leases of agricultural land for the cultivation
of food or fiber, or the grazing or pasturing of livestock.
.
B. Cellular Antenna Facilities. The leasing, licensing, granting of an
easement or permit for a portion of a parcel, to a telephone corporation defined in
Public Utilities Code 9 234, exclusively for the placement and operation of
cellular radio transmission facilities and equipment incidental to such facilities.
C. Cemeteries. Land dedicated for cemetery purposes.
D. Commercialllndustrial Financing or Leases.
1 . The financing or leasing of spaces within non-residential
buildings; existing separate non-residential buildings on a single parcel.
2. The financing or leasing of any parcel or portion of a parcel,
in conjunction with the construction of non-residential buildings on the same site,
if the Zoning Ordinance requires a Use Permit for the project.
E. Condominium Conversions. The conversion of: a community
apartment project or a stock cooperative to condominiums, if the conversion
satisfies the requirements of Map Act 9 66412(g) or 66412(h); or certain mobile
home parks to condominiums in compliance with Map Act 9 66428(1).
.
Title 10 - page 7
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
F. Lot Line Adjustments. A Lot Line Adjustment processed in .
compliance with Chapter 10.35: Lot Line Adjustments, Mergers, Certificates of
Compliance and Reversions to Acreage.
G. Mineral Leases. Mineral, oil or gas leases.
H. Public Agency or Utility Conveyances. Any conveyance of land,
including a fee interest, an easement, or a license, to a governmental agency,
public entity, public utility or a subsidiary of a public utility for rights-of-way.
I. Rail Right-of-Way Leases. Short-Term leases (terminable by
either party on not more than 30 days' notice in writing) of a portion of the
operating right-of-way of a railroad corporation as defined by Public Utilities Code
9230.
J. Residential Financing or Leases. The financing or leasing of
apartments, or similar spaces within apartment buildings, mobile home parks or
trailer parks; or residential second units created pursuant to Government Code
99 65852.150 and 65852.2. .
K. Separate Assessments. Any separate assessment under
Revenue and Taxation Code 9 2188.7.
L. Wind Energy Conversion Systems (WECS). The leasing of, or .
granting of an easement to a parcel or portion of a parcel in conjunction with the
financing, installation, and sale or lease of a WECS, if the project is subject to
discretionary action by the City
fi 10.10.015 Applications Deemed Approved.
Any subdivision application deemed approved pursuant to Government
Code 99 65956 or 66452 et seq. shall be subject to all applicable provisions of
this Title, and no land use entitlement or building permit shall be issued until the
subdivider satisfies all such regulations. Parcel or Final Maps filed for
recordation after their Tentative Map is deemed approved shall remain subject to
all the mandatory requirements of this Title and the Map Act, including Map Act
9966473, 66473.5 and 66474.
******
Title 10 - page 8
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
Chapter 10.15 Design and Improvement Requirements
110.15.005 Design and Improvement Standards.
A. Required Improvements. Subdividers shall provide all
improvements required by this Chapter and any additional improvements
required by conditions of approval.
B. Applicable Design Standards, Timing of Installation.
Subdividers shall construct all improvements according to standards approved by
the City Engineer. No Final or Parcel Map shall be presented to the City for
approval until the subdivider either completes the required improvements, or
enters into an agreement with the City for the work.
C. Subdivision Improvement Standards: Conditions of Tentative
Map Approval. The City shall list all improvement and dedication requirements
as conditions of approval for each approved Tentative Map. The design,
construction or installation of all subdivision improvements shall comply with the
requirements of the City Engineer.
.
D. Extent of Improvements Required, 4 or Fewer Parcels.
Improvements required for subdivisions of 4 or fewer parcels shall be limited to
the dedication of rights-of-way, easements, and the construction of reasonable
offsite and onsite improvements for the parcels being created.
E. Oversizing of Improvements. At the discretion of the City,
improvements required to be installed by the subdivider for the benefit of the
subdivision may also be required to provide supplemental size, capacity, number,
or length for the benefit of property not within the subdivision, and may be
required to be dedicated to the City, in compliance with Map Act ~~ 66485 et seq.
F. Exceptions.
1 . Processing of Application. A subdivider may seek an
exception by submitting an application and filing fee established by resolution.
The application shall include a description of each standard for which an
exception is requested and the basis for the request. A request may be filed
concurrently with the Tentative Map application, or after the Tentative Map has
been approved. The approval of an exception shall not constitute approval of the
Tentative Map and shall not extend any time limits for the expiration of the map.
.
2. Council Action and Findings. The Council may approve,
conditionally approve or deny a request for an exception, provided it makes all of
the-following findings:
Title 10 - page 9
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
a.
The exception is not used to waive or modify any Map
.
Act requirements;
b. There are exceptional or extraordinary circumstances
or conditions, including size, shape, topography, location, or surroundings, that
warrant the exception;
c. The exceptional or extraordinary circumstances or
conditions are not due to any action of the subdivider;
d. The exception is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the
vicinity and zoning district and denied to the proposed subdivision;
e. The exception will not be materially detrimental to the
public welfare nor injurious to surrounding property or improvements; and
f. The exception will not render the subdivision
inconsistent with the General Plan or any applicable Specific Plan.
3. In granting an exception, the Council shall secure
substantially the same objectives of the regulations for which the exception is .
requested and shall impose whatever conditions it deems necessary to protect
the public health, safety, general welfare and convenience, and to mitigate any
environmental impacts in compliance with CEQA.
fi 10.15.010 Access, Circulation, Streets.
A. General Access and Circulation Requirements. Subdividers
shall provide a comprehensive street system, designed and constructed to
provide adequate access from each new parcel to a City street in compliance
with the City's improvement standards, the Zoning Ordinance and the Circulation
Element of the General Plan.
1. Streets shall be designed for safe vehicular operation at a
specified design speed.
2. Public streets shall be required if:
a. The proposed street is shown as an arterial or
collector street in the Circulation Element of the General Plan or any specific or
precise plan.
Title 10 - page 10
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
b. The proposed street will be used by the general public
as a through access route.
c. Necessary for special needs including bus routes,
public service access, bicycle routes and pedestrian access.
d. Necessary to assure fire safety.
3. Private streets may be allowed pursuant to Subsection F.
B. Alternative Standards. The City may consider and approve
proposed access and street design solutions that differ from the provisions of this
Section and the City's improvement standards where deemed necessary to
properly address the characteristics of adjacent land uses and/or anticipated
traffic volumes, or to maintain neighborhood character. The use of alternative
standards may be authorized through the exception procedure in
Section 10.15.005.F: Exceptions.
C. Access to Subdivision. The Subdivider shall provide access to a
city street in:
.
1 . The area of the subdivision abutting a City street, where the
length of the subdivision along the street, the street right-of-way, and the width of
the right-of-way will accommodate the construction of all required road
improvements; or
2. The area of the subdivision being connected to a City street
by a nonexclusive right-of-way easement for street, utility, and appurtenant
drainage facilities purposes, where the easement is:
a. Offered for dedication;
b. Unencumbered by any senior rights that might serve
to restrict its proposed use; and
c. Of a width and location to accommodate the
construction of all improvements required by this Section, the City's improvement
standards and conditions of approval.
D. Access to New Parcels. Subdividers shall design a proposed
subdivision as follows:
.
1 . City Street Access. Each lot shall be located on an existing
City street or a new City street designed and improved in compliance with
Subsection C, or to a private street if allowed by Subsection F.
Title 10 - page 11
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
2. No Direct Access to State Highway or Major Arterial. .
There shall be no direct access to a State highway or a Major Arterial. The
subdivider shall dedicate reservation strips to the State or City, as appropriate,
where required to control access over certain lot lines over the ends of street
stubs.
3. Frontage Roads. The City may require the subdivider to
dedicate and improve a service or frontage road separate from the arterial or
highway for lots proposed to front on a major arterial or State highway.
4. Alleys. Proposed alleys shall be subject to the review and
approval of the Planning Commission.
E. Design and Improvement of Proposed Streets. Proposed
streets shall comply with the City's improvement standards and be located and
designed as follows:
1. Alignment, Intersections, Curves. Streets shall be:
a. Consistent with the Circulation Element of the
General Plan and the Zoning Code;
b. Aligned with existing adjacent streets by continuation .
of their centerlines, or by adjustments by curves; and
c. Located so that all streets intersect at an angle as
near to 90 degrees as feasible. The centerline curve radii of all proposed streets
shall be subject to approval by the City Engineer.
2. Right-of-Way and Surfaced Width. The width of the right-
of-way and improved surface of streets shall be as provided by Chapter 10.40:
Streetscape, except where other standards are approved by the Council.
3. Corners. All block corners and "T" alley intersections shall
be rounded or cut off as approved by the City Engineer.
4. Access to Unsubdivided Property. The City may require
that proposed streets be extended to the boundary of abutting vacant land
designated by the General Plan for future subdivision and development to
provide access to the future development.
5. Improvements to Existing Streets. The City may require
dedication of additional right-of-way and/or improvements in and to existing
streets that provide access to, pass through, or is contiguous with a proposed
Title 10 - page 12
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
subdivision, if it determines that the proposed subdivision will create the need for
the improvements.
6. Curbs and Sidewalks. Subdividers shall construct concrete
curbs and sidewalks upon all streets in compliance with the City's improvement
standards and specifications unless specifically waived in the conditions of
approval. The City has the discretion to designate the location of sidewalks.
F. Private Streets. The Planning Commission may approve private
streets if it determines that a private street system will adequately serve the
proposed subdivision, will not be a substantial detriment to adjoining properties
and will not disrupt or prevent the establishment of an orderly circulation system
in the vicinity of the subdivision. All private streets approved by the Commission
shall be shown on the subdivision map.
1. Maintenance Requirements. An owners association or
other organization shall maintain and own all private streets and right-of-ways,
through a recorded instrument satisfactory to the City Engineer and City
Attorney.
2. Design and Improvement Standards. Subdividers shall
design and improve private streets in compliance with Subsections Band C.
.
3. Security and Conditions. The City may require any
guarantees and conditions it deems necessary to carry out the provisions of this
Title pertaining to private streets.
4. Offer of Dedication. The City may require that proposed
private streets be subject to irrevocable offers of dedication to the City.
G. Alternative Circulation Systems. Subdividers shall provide
rights-of-way for pedestrian paths, bikeways and multiple use trails consistent
with the Circulation Element of the General Plan, other applicable General Plan
provisions, or any specific or precise plan.
g 10.15.015 Energy Conservation.
The subdivider shall provide, to the extent feasible, for future passive or
natural heating or cooling opportunities pursuant to Map Act ~ 66473.1.
g 10.15.020 Fire Hydrants.
The subdivider shall install fire hydrants at locations required by the
Orange County Fire Authority in accordance with applicable standards.
.
Title 10 - page 13
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
110.15.025 Grading, Erosion and Sediment Control.
.
Subdividers shall incorporate appropriate erosion and sediment control
measures as required by the City Engineer.
110.15.030 Landscaping.
A. Landscaping Requirements. Landscaping shall comply with
Chapter 10.40: Streetscape, the Zoning Code, Chapter 11.4.30: Landscaping
and Buffer Yards, and these requirements.
B. Deferral of Landscape Installation. The installation of required
landscaping may be ,deferred until the development of the subdivided lots
through the provisions of Section 10.55.015: Improvement Agreements and
Security, provided that interim erosion and sediment control measures are
installed in compliance with Section 10.15.025: Grading, Erosion and Sediment
Control.
110.15.035 Monuments.
The subdivider shall install monuments in compliance with Chapter 10.60:
Surveys and Monuments.
.
110.15.040 Parcel Design.
The size, shape and configuration of proposed parcels shall comply with
this Section, the Zoning Code, any applicable specific or precise plan
requirement, and any other Municipal Code provision applicable to the proposed
subdivision.
A. Parcel Area. The minimum area for proposed parcels shall be as
required by the Zoning Code, except as otherwise provided by this Section.
B. Minimum Lot Area Requirements for Common Interest
Projects. The minimum lot area requirements of the Zoning Code shall not
apply to the individual units in condominium developments, condominium
conversions, planned developments, townhouses or zero lot-line projects, but
shall apply to the creation of the original parcel or parcels that are the location of
the common interest development.
C. Dimensions. The dimensions of proposed parcels shall comply
with the applicable provisions of the Zoning Code.
Title 10 - page 14
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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D. Driveway Standards. Subdividers shall design proposed parcels
to accommodate driveways designed in compliance with Title 11: Zoning, Section
11.4.20.030: Driveways.
i 10.15.045 Public Utilities and Utility Easements.
Public utility connections, including electricity, gas, water, sewer, storm
drain, and telecommunications services shall be designed and installed for each
parcel.
A. Underground Utilities Required.
1. Required Undergrounding. All utility distribution facilities
(including electric, telecommunications and cable television lines) designed to
serve a subdivision shall be installed underground. Equipment appurtenant to
underground facilities, including transformers, terminal boxes, meter cabinets,
and concealed ducts, shall also be underground, unless the City Engineer
approves an above-ground location. The subdivider is responsible for complying
with the requirements of this Section and shall make the necessary
arrangements with the affected utility companies for facility installation. The City
may waive the requirements of this Section if topographical, soil, or other
conditions make underground installation infeasible.
.
2. Location of Installation. Underground utility lines may be
installed within street rights-of-way or on a lot line. The City Engineer may
determine the location and method of installation of lines installed within street
rights-of-way.
B. Utility Easements.
1. Minimum Width. The City Engineer shall determine the
minimum width of easements for public or private utilities, sanitary sewers, or
water distribution systems. The City Engineer may consider the recommendation
of the applicable utility company for its utilities.
2. Overhead Lines. If the City approves overhead utility lines,
easements shall be located at the rear of the lot, or, where necessary, on or
adjacent to the property line of the lot. Where practical, the poles supporting
overhead lines shall not be installed within any street, alley, or easement
designated for drainage purposes.
C. Timing of installation. The subdivider shall install underground
utilities, water lines, sanitary sewers, and storm drains proposed to be located in
the street before the street is surfaced. Connections to all underground utilities,
.
Title 10 - page 15
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
water lines, and sanitary sewers shall be laid to sufficient lengths to avoid .
disturbing street improvements when service is connected.
i 10.15.050 Sewage Disposal.
The subdivider shall provide a connection from each parcel to the Orange
County Sanitation District's sewage collection, treatment, and disposal system, in
compliance with the District's improvement standards and specifications.
i 10.15.055 Street Lighting.
The subdivider shall provide street lighting facilities designed and
constructed in compliance with the City's improvement standards and
specifications.
i 10.15.060 Street Names and Signs.
A. Street Name Requirements. The City shall name all streets within
a proposed subdivision. Existing street names within the same area shall not be
duplicated unless the proposed street is an extension of that street.
B. Street Name Signs. The subdivider shall provide a minimum of
two street name signs in compliance with the City's improvement standards and
specifications at each street intersection. The signs shall be located on the .
diagonally opposite sides of the intersection. One street name sign shall be
provided at each IT' intersection.
i 10.15.065 Storm Drainage.
A. Approved Storm Drain System. The subdivider shall design and
install an approved storm drain system to collect and convey all storm water run-
off from the subdivision. The system shall be designed with adequate capacity to
accommodate ultimate development of the drainage area. The system shall
provide for the protection of surrounding properties that would be adversely
affected by any increase in runoff attributed to the development; the City may
require off-site storm drain improvements to satisfy this requirement. Any
easement for drainage or flood control shall be improved as specified by the City
Engineer.
B. Compliance with Regional Water Quality Control Board
Requirements. Discharges into any groundwater or waterways (whether direct
or indirect), public or private sewer or sewage disposal system, or into the
ground, shall conform with the requirements of the Santa Ana Regional Water
Quality Control Board, the California Department of Fish and Game, the
California Department of Public Health, or such other relevant governmental
Title 10 - page 16
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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agency, and in addition to the provisions of Title 9: Public Property, Public Works
and Building Regulations; Chapter 9.20: Storm Water Management,
Chapter 9.25: Fats, Oil and Grease Management and Discharge Control,
Chapter 9.30: Sewerage; and Chapter 9.35: Water, of the Municipal Code.
C. City Engineer Approval Required. All storm drainage facilities
shall be constructed in compliance with plans approved by the City Engineer.
i 10.15.070 Water Supply.
Each parcel shall be served by the City's water system.
******
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Title 10 - page 17
City of Seal Beach
Municipal Code
Orc/. No. 1567
May 2008
Chapter 10.20 Tentative Parcel Map and Tentative Tract Map
Filing and Processing
.
t 10.20.005 Tentative Parcel Map and Tentative Tract Map Filing, Initial
Processing.
A. General Filing and Processing Requirements. Subdividers shall
submit Tentative Map applications and all information and other materials
required by the City Engineer to the City Engineer for processing. The City
Engineer shall review the application for completeness and accuracy in
compliance with the California Environmental Quality Act (CEQA), this Title, the
Zoning Code and applicable provisions of the Map Act.
B. Referral to Affected Agencies. Within 5 days of the City's
determination that the application is complete, the City Engineer shall refer the
proposed map to:
1. Any City department, County, State or Federal agency, and
other entity affected by the subdivision.
2. The following agencies, in the event such agency has filed a
territorial map with the City pursuant to the Map Act:
a. California Department of Transportation
(Caltrans). For any subdivision located within the area shown on the territorial
map filed by Caltrans.
.
b. Adjacent Local Agencies. For any subdivision that
is located within the area shown on the territorial map filed by that local agency.
3. Public Utilities. Public utility companies and other service
agencies, including providers of gas, electrical, telephone, and cable television
services, which will be expected to provide "will serve" letters to the proposed
subdivision.
4. School Districts. The governing board of any elementary,
high school, or unified school district within which the proposed subdivision is
located.
5. State Department of Education. For any proposed
subdivision that includes a proposed public school site.
Within 15 days after receiving the map, any such agency may submit
recommendations to the City.
Title 10 - page 18
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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C. Review of Tentative Parcel Map. The Subdivision Technical
Review Committee shall:
1. Conduct a public meeting within 30 days from the date an
application is deemed complete and consider all reviewing agency comments
and any public testimony.
2. Determine whether the subdivider has complied with all
applicable provisions of this Title, the General Plan, any applicable Specific Plan,
and the Map Act and the map is technically correct; and
.
3. Prepare a recommendation to approve, conditionally
approve or deny the Tentative Parcel Map. Approval or conditional approval
shall be granted only if the Committee has first made all findings required. The
Committee may impose conditions of approval in compliance with Section
10.20.025: Conditions of Approval.
110.20.010 Evaluation of Application.
After the City deems the application complete, the Director and City
Engineer shall:
A. Analyze whether the subdivision is consistent with applicable
provisions of this Code, the General Plan, any applicable Specific Plan, and the
Map Act;
B. Analyze whether the proposed subdivision satisfies the findings in
Section 10.20.035: Changes to Approved Tentative Map or Conditions; and
C. Prepare a staff report analyzing the map, and recommending
approval, conditional approval, or denial of the proposed subdivision.
110.20.015 Public Hearing.
The City shall conduct a duly noticed public hearing on a proposed
subdivision.
110.20.020 Applicable Law.
In determining whether to approve a Tentative Map, the City shall apply
only those ordinances, policies, and standards in effect at the date the
application was determined complete in compliance with Section 10.20.015:
Public Hearing, except:
.
Title 10 - page 19
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
A. Where the City has initiated General Plan, Specific Plan or .
Subdivision or Zoning Code changes and provided public notice as required by
Map Act 966474.2, in which case the City shall apply those ordinances, policies,
and standards in effect at the date it acts on the map; or
B Where the applicant has requested changes to ordinances,
policies, and standards in connection with its map application in which case the
City shall apply those ordinances, policies, and standards adopted pursuant to
the applicant's request.
C.
where:
Required Findings. The City shall not approve a Tentative Map
1. The proposed subdivision, including design and
improvements, is not consistent with the General Plan or any applicable specific
or precise plan.
2. The site is not physically suitable for the type or proposed
density of development.
3. The design of the subdivision or the proposed improvements
are likely to cause substantial environmental damage or injure fish or wildlife or
their habitat.
4. The design of the subdivision or type of improvements is .
likely to cause serious public health problems.
5. The design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large for access through or
use of, property within the proposed subdivision. The City may approve the
subdivision if the City finds that the subdivider will provide alternate easements
for access or use that are substantially equivalent to the easements previously
acquired by the public. This Subsection 5 shall apply only to easements of
record, or to easements established by judgment of a court of competent
jurisdiction, and no authority is hereby granted to the City to determine that the
public at large has acquired easements of access through or use of property
within the proposed subdivision.
6. The discharge of sewage from the proposed subdivision into
the community sewer system would result in violation of existing requirements
prescribed by the California Regional Water Quality Control Board.
7. A preliminary soils report or geological hazard report
indicates adverse soil or geological conditions and the subdivider has failed to
provide sufficient information to the satisfaction of the City Engineer that the
subdivider can correct such conditions.
Title 10 - page 20
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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8. The proposed subdivision is not consistent with all applicable
provisions of this Title, Title 11: Zoning, any other applicable provisions of the
Municipal Code, and the Subdivision Map Act.
D. Additional Required Findings. Additional required findings are
located at: Section 10.30.015.F: Approval of Conversion, Required Findings;
Chapter 10.50: Dedications; and Section 10.25.010: Waiver of Parcel Map.
E. Timing of Construction of Improvements. The City may require
construction of public improvements within a specified time after recordation of
the Map if it finds it is in the interest of the public health and safety; or it is
necessary as a prerequisite to the orderly development of the surrounding area.
110.20.025 Conditions of Approval.
A. Mandatory Conditions. The City shall require the subdivider to:
1. Provide parcels, easements or rights-of-way for streets,
water supply and distribution systems, sewage disposal systems, storm drainage
facilities, solid waste disposal, and electric, gas and communications services to
adequately serve the subdivision.
.
2. Mitigate or eliminate environmental impacts identified
through the environmental review process.
3. Comply with the requirements of Chapter 10.15: Design and
Improvement Standards and Chapter 10.45: Block Structure.
4. Comply with all applicable provisions of the Municipal Code,
Department of Public Works Standard Conditions and the Map Act.
5. Obtain a certificate or conditional certificate of compliance
pursuant to Chapter 10.35: Lot Line Adjustments, Mergers, Certificates of
Compliance and Reversions to Acreage, prior to the sale or subdivision of any
designated remainder parcels.
B. Discretionary Conditions. The City may require the subdivider to:
1. Waive direct access rights to any existing or proposed
streets.
.
2. Reserve sites for public facilities, including schools, park and
recreation facilities, fire stations, libraries, and other public uses pursuant to Map
Act.~ 66479.
Title 10 - page 21
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
3. Adhere to time limits or phasing schedules for the .
completion of conditions of approval, where deemed appropriate.
4. Dedicate land for bicycle paths, local transit facilities
(including bus turnouts, benches, shelters, and similar items), solar access
easements, and school sites, in compliance with Map Act Chapter 4, Article 3.
5. Construct public improvements within a specified time after
recordation of the map.
6. Comply with any other conditions deemed necessary by the
City to achieve compatibility between the proposed subdivision, its immediate
surroundings, and the community, or to achieve consistency with City ordinances
or applicable state law.
S 10.20.030 Effective Date of Tentative Map Approval.
The date of the resolution approving the Tentative Map is the effective
date of the tentative map. -
S 10.20.035 Changes to Approved Tentative Map or Conditions.
A. Minor Changes. A subdivider may request the following minor .
changes to an approved Tentative Map or its conditions prior to recordation of a
Parcel or Final Map: minor adjustments to the location of proposed lot lines and
improvements; reductions in the number of approved lots; and modifications to
the conditions of approval, consistent with the findings required by Subsection D.
of this Section.
B. Application for Changes. The subdivider shall file an application
and filing fee with the City Engineer, using the forms furnished by the City
Engineer, containing the following information:
1. The Tentative Map number;
2. The changes requested;
3. Any facts supporting the changes; and
4. Any information deemed appropriate by the City Engineer.
C. Processing. Proposed changes to a Tentative Map or conditions
of approval shall be processed in the same manner as the original Tentative
Map, except as otherwise provided by this Section.
.
Title 10 - page 22
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
. D. Findings for Approval. The City shall not modify the approved
Tentative Map or conditions of approval unless it finds the change is necessary
because of one or more of the following circumstances, and that all of the
applicable findings for approval can still be made:
1. There was a material mistake of fact in the deliberations
leading to the original approval;
2. There has been a change of circumstances; and
3. A serious and unforeseen hardship has occurred, not due to
any action of the applicant.
E. Effect of Changes on Time Limits. City approval of changes to a
Tentative Map or conditions of approval does not constitute an approval of a new
Tentative Map, and shall not extend any time limits.
i 10.20.040 Compliance with Conditions of Approval.
.
Prior to submitting a parcel map or final map, the subdivider shall fulfill the
conditions of approval including any time limits specified in the Resolution and,
where applicable, comply with the provisions of Chapter 10.55: Improvement
Plans and Agreements.
i 10.20.045 Vesting Tentative Maps.
A. Processing of a Vesting Tentative Map. Pursuant to ~~ 66498.1
et seq. of the Map Act, a subdivider may file a Vesting Tentative Map. An
application for a Vesting Tentative Map shall be in the same form, have the same
contents and accompanying data and reports and shall be processed in the
same manner as a Tentative Map. In addition, the application shall include:
1. The words "Vesting Tentative Map" printed conspicuously on
the face of the map.
2. Accurately drawn, preliminary floor plans and architectural
elevations for all buildings and structures proposed to be constructed on the
property after subdivision.
3. Plans prepared by a registered Civil Engineer showing all
off-site improvements necessary to carry out the design and improvement
requirements of Chapter 10.15: Design and Improvement Requirements.
.
Title 10 - page 23
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
B. Findings for Approval. The City shall not approve a Vesting .
Tentative Map unless the City determines the proposed development of the
subdivision is consistent with the zoning regulations applicable to the property at
the time of filing and makes the findings required for Tentative Map approval set
forth in this Chapter.
C. Expiration of Vesting Tentative Map. An approved Vesting
Tentative Map shall be subject to the time limits set forth in this Chapter.
D. Amendment to Vesting Tentative Map.
1 . A subdivider may apply for an amendment to the map or
conditions of approval prior to the expiration of the Vesting Tentative Map. An
amendment request shall be processed as a new application, unless the
subdivider is requesting minor changes as defined in Section 10.20.035:
Changes to Approved Tentative Map or Conditions.
2. Pursuant to Map Act ~ 66498.2, a subdivider may apply for
an amendment prior to the expiration of the Vesting Tentative Map to secure a
vested right if City ordinances, policies or standards have changed subsequent to
the approval of the Vesting Tentative Map.
E. Development Rights Vested.
.
1. The approval of a Vesting Tentative Map shall confer a
vested right to proceed with development in substantial compliance with the
ordinances, policies and standards (excluding fees) in effect at the time the City
has determined that the application is complete.
2. If Map Act ~ 66474.2 is repealed, approval of a Vesting
Tentative Map shall confer a vested right to proceed with development in
substantial compliance with the ordinances, policies and standards in effect at
the time the City approves or conditionally approves the Map.
3. Subsequent land use permits, building permits, extensions of
time or other entitlements filed on parcels created by the subdivision may be
conditioned or denied only if the City determines that:
a. A failure to do so would place the residents of the
subdivision or the immediate community, or both, in a condition dangerous to
their health or safety, or both; or
b. The condition or denial is required in order to comply
with state or federal law.
Title 10 - page 24
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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4. Fees charged for building or land use permits, filed after the
approval of a Vesting Tentative Map shall be as required at the time the
subsequent permit applications are filed (e.g., sewer/water hookup fees, traffic
mitigation fees, etc.). Application contents shall be as required by ordinance
requirements in effect at the time the subsequent application is filed.
F. Duration of Vested Rights. The development rights vested by this
Section shall expire if a Parcel Map or Final Map is not approved before the
expiration of the Vesting Tentative Map pursuant to Section 10.20.050: Expiration
of Approved Map. If the Parcel or Final Map is approved and recorded, the
development rights shall be vested for the following periods of time:
1. An initial time period of 24 months from the date of
recordation of the Parcel or Final Map. Where several Final Maps are recorded
on various phases of a project covered by a single Vesting Tentative Map, this
initial time period shall begin for each phase when the Final Map for that phase is
recorded.
2. The initial 24 months shall be automatically extended by any
time used for processing a complete application for a grading permit or for design
or architectural review, if processing exceeds 30 days from the date the
application is accepted for processing as complete.
.
3. The subdivider may apply for a 1-year extension at any time
before the initial 24 months expires by submitting an application to the City
Engineer with all required fees. The Planning Commission shall approve or deny
any request for extension.
4. If the subdivider submits a complete application for a
building permit during the periods of time specified in Subsections F.1 and F.2
above, the vested rights shall continue until the expiration of the building permit,
or any extension of that permit.
5. Upon application, the Planning Commission may extend any
of these time periods to subdividers for projects that require a Coastal
Development Permit.
110.20.050 Expiration of Approved Map.
An approved map is valid for 24 months after its effective date, except as
otherwise provided by Map Act ~~ 66452.6, 66452.11, 66452.13, or 66463.5. At
the end of 24 months, the approval shall expire, and the City will terminate
processing, unless:
.
Title 10 - page 25
City of Seal Beach
Municipal Code
OreJ. No. 1567
May 2008
A. A Parcel or Final Map for the subject subdivision, and related bonds .
and improvement agreements, have been filed with the City Engineer; or
B. An extension of time has been granted pursuant to this Chapter.
S 10.20.055 Extensions of Time for Maps.
A subdivider may apply for a time extension by filing a written application
and required filing fee with the City Engineer on or before the date of expiration
of the approval or previous extension. Upon application, the Planning
Commission may extend any of these time periods to subdividers for projects
that require a Coastal Development Permit. '
A. findings for Extensions. The Planning Commission may grant
extensions to the initial time limit up to a maximum total of 3 years, if there have
been no changes:
1. To the General Plan, any applicable specific or precise plan,
or this Title applicable to the subdivision since the approval of the map;
2. In the character of the site or its surroundings that adversely
affect the policies of the General Plan, any applicable specific or precise plan, or
applicable standards of this Title; and
.
3. To the capacities of community resources, including but not
limited to water supply, sewage treatment or disposal facilities, roads or schools
so there is insufficient capacity to serve the subdivision.
B. Tentative Maps with Multiple final Maps. Where a subdivider is
required to expend more on improvements than the amount as specified in Map
Act 9 66452.6 and multiple Final Maps are filed covering portions of a single
approved Tentative Map, each filing of a Final Map shall extend the expiration of
the Tentative Map by an additional 36 months from the date of its expiration, or
the date of the previously filed Final Map, whichever is later. The total of all
extensions shall not extend the approval of the Tentative Map more than 10
years from its approval.
S 10.20.060 Map Waiver for Mobilehome Parks.
The Planning Commission shall waive a Map where owners of mobile
homes have submitted a waiver application that fully complies with Map Act
9 66428.1, unless the City makes one or more of the findings set forth in Map Act
9 66428.1 .
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Title 10 - page 26
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Municipal Code
OreJ. No. 1567
May 2008
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Chapter 10.25 Parcel Maps and Final Maps
A 10.25.005 Parcel Map Required.
A Parcel Map shall be filed for each subdivision of 4 or fewer parcels,
except when the requirement for a Parcel Map is waived as set forth in Section
10.25.010: Waiver of Parcel Map.
A 10.25.010 Waiver of Parcel Map.
A. Waiver Permitted. The Planning Commission may waive a Parcel
Map where any of the following circumstances exist, and the boundaries of the
original parcel have been previously surveyed and a map recorded, and are
certain as to location.
1 . The land being subdivided is solely for the creation of an
environmental subdivision in compliance with Government Code Section
66418.2.
.
2. The subdivision or interests in the subdivision have been
created by probate, eminent domain procedures, partition, or other civil
judgments or decrees.
3. The subdivision results from the conveyance of land or
interest to or from the City, public entity or public utility for a public purpose, such
as school sites, public building sites, or rights-of-way or easements for streets,
sewers, utilities, drainage, etc.
B. Application Processing and Approval. A request for waiver of
Parcel Map shall be submitted with the Tentative Map application with the
required filing fee. The waiver request shall be processed and acted upon
concurrently with the Tentative Map application. The Commission may grant a
requested waiver if:
1. The proposed Tentative Map satisfies all findings required
for approval by Chapter 10.20: Tentative " Map Filing and Processing, and
2. The proposed subdivision complies with all applicable
requirements of the Map Act and this Title as to lot area, improvement and
design, drainage, flood control, appropriate improved public roads, sanitary
disposal facilities, water supply availability, and environmental protection.
.
Title 10 - page 27
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
C. Expiration pf Waiver. A waiver of Parcel Map shall be subject to .
the same time limits and opportunities for extension of time as the accompanying
Tentative Map.
D. Completion of Subdivision. Upon the subdivider satisfying all
Tentative Map conditions of approval, the City Engineer shall file with the County
Recorder a certificate of compliance for the land to be divided and a plat map
showing the division.
S 10.25.015 Parcel Map Form and Content.
A Parcel Map shall be prepared by or under the direction of a qualified,
registered civil engineer or licensed land surveyor, registered or licensed by the
State of California. Parcel Map submittal shall include all information and other
materials required by the City Engineer and ~ 66444 et seq. of the Map Act.
S 10.25.020 Filing and Processing of Parcel Maps.
A. Filing with the City Engineer. The subdivider shall submit the
Tentative Parcel Map and all data, information and materials required by Section
10.25.015: Parcel Map Form and Content to the City Engineer. The application
shall be deemed complete on the date the City Engineer determines that it
complies with all applicable provisions of this Title and the Map Act.
B. Review of Parcel Map. If the City Engineer has determined that
the tentative map has not expired, the City Engineer shall:
.
1 . Determine whether the subdivider has complied with all
applicable provisions of this Title and the Map Act and the map is technically
correct, and in substantial compliance with the approved Tentative Map; and
2. Verify that the Parcel Map conforms to the approved
Tentative Map and that any conditions of approval have been completed.
If the City Engineer cannot make such determination or verification, the
City shall notify the subdivider and provide it an opportunity to make necessary
changes and resubmit the Parcel Map with all required data.
S 10.25.025 Parcel Map Approval.
A. Map without Dedications. After determining that the Parcel Map
conforms to the approved Tentative Parcel Map, is technically correct in
compliance with this Chapter, and that all conditions of approval have been
satisfied, the City Engineer shall approve the Parcel Map and execute the City
Title 10 - page 28
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City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
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Engineer's Certificate. The City Engineer shall then transmit the map to the
County Recorder for filing in compliance with ~ 66450 of the Map Act.
If the City Engineer cannot make such determination or verification, the
City shall notify the subdivider and provide it an opportunity to make necessary
changes and resubmit the Parcel Map with all required data.
B. Map with Dedications. After determining that the Parcel Map is
technically correct in compliance with this Chapter, the City Engineer shall refer
the Map to the City Council to accept or reject offers of dedications. The Council
shall accept, accept subject to improvement, or reject with or without prejudice
any or all offers of dedication, concurrently with its approval of the Map.
Following Council action, the City Engineer shall execute the City Engineer's
Certificate. The map shall then be transmitted by the City Engineer to the County
Recorder for filing in compliance with Map Act ~ 66450.
i 10.25.030 Final Map Required.
A Final Tract Map shall be filed for each subdivision of 5 or greater
parcels.
i 10.25.035 Final Map Form and Content.
.
A Final Tract Map shall be prepared by or under the direction of a qualified
registered civil engineer or licensed land surveyor, registered or licensed by the
State of California. Final Tract Map submittal shall include all information and
materials required by ~ 66433 et seq. of the Map Act. A Final Tract Map
submittal shall also include a digital copy of the Final Tract Map, prepared using
computer software and standards specified by the City Engineer.
i 10.25.040 Filing and Processing of Final Maps.
A. Filing with City Engineer. The subdivider shall submit the Final
Tract Map, together with all data, information and materials required by Section
10.25.035: Final Tract Map Form and Content, to the City Engineer. The
application shall be deemed complete on the date the City Engineer determines
that it complies with all applicable provisions of this Title and the Map Act.
B. Review of Final Tract Map. The City Engineer shall:
1 . Determine whether the subdivider has complied with all
applicable provisions of this Title and the Map Act and the map is technically
correct, and in substantial compliance with the approved Tentative Map; and
.
Title 10 - page 29
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
2. Verify that the Final Tract Map conforms to the approved .
Tentative Map and that any conditions of approval have been completed.
If the City Engineer cannot make such determination or verification, the
City shall notify the subdivider and provide it an opportunity to make necessary
changes and resubmit the map with all required data.
C. Multiple Final Maps. The subdivider may file multiple Final Tract
Maps as to the approved subdivision if the subdivider either included a statement
of intention with the Tentative Map or, if after the filing of the Tentative Map, the
subdivider has obtained the City Engineer's approval of multiple maps
submission.
110.25.045 Final Map Approval.
After determining that the Final Tract Map is in compliance and is
technically correct in compliance with Section 10.25.040: Filing and Processing
of Final Tract Maps above, the City Engineer shall execute the City Engineer's
certificate on the map in compliance with Map Act ~ 66442, and forward the Final
Tract Map to the Council for action, as follows:
A. Review by Council. The Council shall approve or disapprove the
Final Tract Map at the council meeting it receives the Map or at its next regular .
meeting.
1. Criteria' for Approval. The Council shall approve the Final
Tract Map if it conforms to all the requirements of the Map Act, all provisions of
this Title that were applicable at the time that the Tentative Map was approved,
and is in substantial compliance with the approved Tentative Map.
2. Waiver of Errors. The Council may approve a Final Tract
Map that fails to meet one or more of the requirements of this Title or the Map
Act applicable at the time of approval of the Tentative Map, if the Council finds a
technical or inadvertent error that does not materially affect the validity of the
map.
3. Approval by Inaction. If the Council does not approve or
disapprove the map within the prescribed time or any authorized extension, and
the map conforms to all applicable requirements and rulings, it shall be deemed
approved, and the City Clerk shall certify its approval on the map.
B. Map with Dedications. The Council shall accept, accept subject
to improvement, or reject with or without prejudice any or all offers of dedication,
concurrently with its approval of the Final Tract Map.
Title 10 - page 30
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
C. Map with Incomplete Improvements. If improvements required
by the City have not been completed at the time of approval of the Final Tract
Map, the subdivider shall execute a completion agreement pursuant to Section
10.55.015: Improvement Agreements and Security, as a condition precedent to
the approval of the Final Tract Map.
D. Transmittal to Recorder. After action by the City Council, and
after the required signatures and seals have been affixed, the City Clerk shall
transmit the Final Tract Map to the County Recorder for recordation in
accordance with Map Act ~ 66464.
i 10.25.050 Subsequent Acceptance of Offer of Dedication.
If the City Council rejects a subdivider's offer of dedication, the City may
accept the offer atter its approval of the Final or Tract Map pursuant to Map Act
~ 66477.2.
i 10.25.055 Supplemental Information Sheets.
In addition to the information previously required by this Chapter, the City
may require the recordation of additional information as follows:
.
A. Preparation and Form. The additional information required by this
Section shall be presented in the form of additional map sheets, unless the City
Engineer prefers a report or other document. Unless otherwise directed by the
City Engineer, the additional map sheet or sheets shall be prepared in the same
manner and in substantially the same form as required for Parcel Maps by
Section 10.25.015: Parcel Map Form and Content.
B. Content of Information Sheets. Supplemental information sheets
shall contain the following information:
1. Title. The words "Supplementallnformation Sheet" and the
number assigned to the accompanying Parcel or Final Map;
2. Explanatory Statement. Statements that the supplemental
information sheet is recorded with the subject Parcel or Final Map, and that the
additional information is for informational purposes, describing conditions as of
the date of filing, and is not intended to affect record interest;
3. Location Map. A location map, at a scale not to exceed one
inch equals 2,000 feet. The map shall indicate the location of the subdivision
within the City;
.
Title 10 - page 31
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
4. Areas Subject to Flooding. Identification of all lands within .
the subdivision subject to periodic inundation by water;
5. Soils or Geologic Hazards Reports. When a soils report
or geological hazard report has been prepared, the existence of the report shall
be noted on the information sheet, together with the date of the report and the
name of the engineer making the report; and
6. Information Required by Conditions of Approval. Any
information required by the approval body to be included on the supplemental
information sheet(s) because of its importance to potential successors in interest
to the property, including any other easements or dedications.
110.25.060 Recordation of Maps.
The subdivider shall comply with Map Act ~ 66465 at the time of filing the
map with the County Recorder.
110.25.065 Amendments to Recorded Maps.
A recorded Parcel or Final Map may be modified only as forth in this
Section.
A. Corrections. A recorded final map or parcel may be amended or .
corrected pursuant to Article 7, Chapter 3 of the Map Act (~~ 66469 et seq.).
B. Changes to Approved Subdivision. A subdivider must submit a
new subdivision application and obtain City approval for all changes or
amendments to recorded maps not governed by Subsection A.
******
Title 10 - page 32
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
Chapter 10.30 Residential Condominiums and
Condominium Conversions
5 10.30.005 Condominium Project Constitutes a Subdivision.
Map Act ~ 66424 provides that "subdivision" includes common interest
development such as: a condominium project as defined in Civil Code ~ 1351 (f);
a community apartment project as defined in Civil Code ~ 1351 (d); and the
conversion of five or more existing dwelling units into a stock cooperative as
defined in Civil Code ~ 1351(m).
5 10.30.010 Subdivision Map Required for Residential Condominiums.
An applicant proposing to develop a residential common interest
development as defined in Civil Code ~ 1351 (c) (condominium project;
community apartment project, stock cooperative, planned development) must file
an application for Tentative Map approval in accordance with, and such
application shall be processed pursuant to, Chapter 10.20: Tentative Map Filing
and Processing. Either a parcel map or final map is required pursuant to the
requirements of Chapter 10.25: Parcel Maps and Final Maps.
.
5 10.30.015 Subdivision Map Required for Residential Condominium
Conversions.
A. Conversion Defined. A condominium conversion is the
conversion of real property to a common interest development.
B. Application Filing and Processing. An applicant proposing to
convert real property to a residential common interest development conversion
must file an application for Tentative Map approval in accordance with, and such
application shall be processed pursuant to, Chapter 10.20: Tentative Map Filing
and Processing. Either a parcel map or final map is required pursuant to the
requirements of Chapter 10.25: Parcel Maps and Final Maps. Notwithstanding
this provision, the map requirement may not apply pursuant to Section
10.10.010: Exemptions.
C. Additional Requirements. In addition to the requirements in
Chapter 10.20: Tentative Map Filing and Processing, an application for a
condominium conversion shall include:
1. Illustration of Airspace Division. An illustration of
airspace division to verify legal descriptions on deeds for the transfer of
ownership of units.
.
Title 10 - page 33
City of Seal Beach
Municipal Code
Oni. No. 1567
May 2008
2. Verification of Stock Cooperative Vote. Verification of the .
vote required by Map Act ~ 66452.10 for a conversion from a stock cooperative.
3. Relocation Assistance Program. A program proposed by
the applicant that will assist tenants displaced through the conversion in
relocating to equivalent or better housing. See Title 11: Zoning; Chapter
11 .4.80: Condominium Conversions.
4. Mobile Home Park Conversion Impact Report. The report
required by Map Act ~ 66427.4 and Title 12: Mobilehome Park Conversions for a
conversion from a mobile home park.
D. Early Distribution of Staff Report. The City shall provide the staff
report for the condominium conversion to the subdivider and each tenant at
least 3 days before any public hearing on the Tentative Map.
E. Public Notice.
1 . Tenant Notice. The subdivider shall give notice to all
existing or prospective tenants as set forth in Map Act ~~ 66452.8 and 66452.9,
and shall provide the Director satisfactory proof that the notice was given.
2. Public Hearing Notice. The City shall provide notice of the
public hearing on the Tentative Map in accordance with Map Act ~ 66451.3. .
F. Approval of Conversion, Required Findings.
1. Time Limit, Stock Cooperatives. The approval or
disapproval of the conversion of an existing building to a stock cooperative shall
occur within 120 days of the application being found complete in compliance with
Chapter 10.20: Tentative Map Filing and Processing. The 120-day time limit may
be extended by mutual consent of the subdivider and the City.
2. Conversion Findings, Residential Projects. The City shall
not approve a Tentative or Final Map for the conversion of residential real
property into a condominium project, community apartment project or stock
cooperative unless it makes the findings set forth in Map Act ~ 66427.1.
******
Title 10 - page 34
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
Chapter 10.35 Lot Line Adjustments, Mergers, Certificates of
Compliance and Reversions to Acreage
i 10.35.005 Lot Line Adjustments.
A. No Map Required. Pursuant to Map Act 9 66412(d), lot lines
between 4 or fewer existing adjacent parcels may be adjusted, where land taken
from 1 parcel is added to an adjacent parcel and where no more parcels are
created than originally existed. For the purposes of this Section, an "adjacent
parcel" directly touches at least one of the other parcels involved in the
adjustment. Parcels containing structures encroaching across original parcel
lines shall be considered a single parcel for purposes of an adjustment.
B. Application and Processing. An applicant shall submit a Lot Line
Adjustment application to the City Engineer with all information and other
materials required by the City Engineer and shall be processed in compliance
with the procedures specified by Title 11, Zoning, Chapter 11.5.10: Common
Procedures, Section 5.10.020: Review of Applications. No environmental review
shall be required.
.
C. Approval or Denial. The Director and City Engineer shall
determine whether the parcels resulting from the adjustment will conform with the
applicable provisions of this Title, the Zoning Code, any other applicable
provisions of the Municipal Code, and the Subdivision Map Act. The City
Engineer may approve, conditionally approve, or deny the Lot Line Adjustment.
Decisions made by the City Engineer may be appealed to the Planning
Commission.
1. Required Findings. A proposed Lot Line Adjustment shall
be denied if the City Engineer finds any of the following:
a. The adjustment will have the effect of creating a
greater number of parcels than exist before adjustment;
b. Any parcel resulting from the adjustment will conflict
with any applicable regulations of this Title, the Zoning Code any other applicable
provisions of the Municipal Code, and the Subdivision Map Act; or
c. The adjustment will result in an increase in the
number of nonconforming parcels.
.
2. Conditions of Approval. In approving a Lot Line
Adjustment, the City Engineer shall impose conditions only as necessary to
conform the adjustment and proposed parcels to the requirements of this
Title 10 - page 35
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
Title 10; Title 11, Zoning; and Title 9; Chapter 9.60: Building Code of the .
Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or
easements.
D. Completion of Adjustment.
1 . Completion by Deed. A Lot Line Adjustment shall not be
effective or finally completed until recordation of a grant deed or deeds signed by
the record owners. The applicant shall submit deeds to the City Engineer for
review and approval in compliance with Subsection 2, before recordation of the
grant deed. The legal descriptions provided in the deeds shall be prepared by a
qualified registered civil engineer, or a licensed land surveyor licensed or
registered in the State.
2.
Engineer shall:
Review and Approval by City Engineer. The City
a. Examine the deeds to ensure that all record owners
and lien holders have consented to the adjustment;
b. Verify that all conditions of approval have been
satisfactorily completed and that the deeds are in substantial compliance with the
Lot Line Adjustment as approved by the City;
.
c. Verify that the property owners have either obtained
partial reconveyances from any mortgagor or other lien holder for any portion of a
parcel being transferred to an adjacent parcel, and that any liens covering the
adjacent property have been modified to cover the newly created larger parcel;
3. If satisfied that the deeds comply with the above
requirements, place an endorsed approval upon the deeds; and
4. After approval of the legal descriptions, assemble the deeds
and return them to the applicant for recordation.
E. . Expiration. The approval of a Lot Line Adjustment shall expire and
become void if the adjustment has not been completed as required by this
Section within 12 months of approval.
i 10.35.010 Parcel Mergers.
A. Processing of Requested Merger. Upon request of the legal
owner of contiguous parcels, the City may approve the merger of the property in
compliance with Map Act ~ 66499.203/4. The request shall be in writing and
shall be accompanied by data and documents as required by the City Engineer.
Title 10 - page 36
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
. 1. City Review. The City Engineer shall have the authority to
review and approve proposed parcel mergers, except that Council review and
approval shall be required for a proposed merger associated with a project that
has not been previously considered by the Commission.
2. Conditions of Approval. In approving a merger, the City
Engineer may impose reasonable conditions, including a condition that the
adjusted lot line(s) shall be monumented. The applicant may appeal to the
Council any conditions by filing written notice within 10 days of the decision.
3. Completion of Merger. Upon approval, a Notice of Lot
Merger shall be filed with the County Recorder. The form and content of the
notice shall be as required by the City Engineer.
110.35.015. Certificates of Compliance.
A. Application. A property owner or a purchaser of the property may
apply for a Certificate of Compliance certifying that the subject parcel is a legal
lot of record.
.
B. Application Contents. An application shall include the form
provided by the City Engineer, the required filing fee and a chain of title,
consisting of copies of all deeds beginning before the division and thereafter,
unless the parcels were created through a recorded subdivision map.
C. City Engineer Review. The City Engineer shall review all
available information and make a determination whether the real property was
divided in compliance with the Map Act, this Title, and other applicable provisions
of the Municipal Code. Upon making the determination, the City Engineer shall
cause a Certificate of Compliance to be filed with the County Recorder. In the
event that the City Engineer determines that the real property does not comply
with the provisions of the Municipal Code or the Map Act, the application shall
instead be processed as a Conditional Certificate of Compliance pursuant to
Section 10.35.020: Conditional Certificates of Compliance.
D. Form of Certificate. The'Certificate of Compliance shall: identify
the real property, state that the division complies with the provisions of the Map
Act and this Title; and include all information required by Map Act ~ 66499.35.
E. Effective Date of Certificate. A Certificate of Compliance shall not
become final until the document has been recorded by the County Recorder.
.
Title 10 - page 37
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
110.35.020 Conditional Certificates of Compliance.
.
A. Application. An application for a Conditional Certificate of
Compliance shall contain the materials required by Section 10.35.015:
Certificates of Compliance.
B. Review and Approval. Upon making a determination that the real
property does not comply with the provisions of this Title or the Map Act, the
Subdivision Technical Review Committee shall grant a Conditional Certificate of
Compliance, imposing conditions as provided by Subsection C.
C. Conditions of Approval. If the owners of the property for which a
certificate is requested are the original subdividers, the Subdivision Technical
Review Committee may impose any conditions that would be applicable to a
current subdivision, as provided by the Map Act and this Title, regardless of when
the property was divided. If the owners had no responsibility for the subdivision
that created the parcel, the Subdivision Technical Review Committee may only
impose conditions that would have been applicable at the time the property was
acquired by the current owners. -
D. Appeal. The property owner may appeal a Conditional Certificate
of Compliance and/or the conditions imposed to the Commission.
E. Completion of Process. Following expiration of the 10-day appeal .
period after the determination and imposition of conditions by the Subdivision
Technical Review Committee, the City Engineer shall file a Conditional Certificate
of Compliance with the County Recorder. The certificate shall identify the
property, and serve as notice to the property owner or purchaser who applied for
the certificate, a grantee of the owner, or any subsequent transferee or assignee
of the property that the fulfillment and implementation of the conditions shall be
required before subsequent issuance of a permit or other approval for the
development of the property.
F. Effective Date of Certificate. A Conditional Certificate of
Compliance shall not become effective until the document has been recorded by
the County Recorder.
110.35.025 Reversions to Acreage.
A. Initiation of Reversion, Application Requirements.
1 . Initiation by Owners. The record owners of the property
may apply to revert subdivided property to acreage by filing with the City
Engineer an application in a form prescribed by the City Engineer, all information
Title 10 - page 38
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
and materials required by the City Engineer, the required filing fee and any other
information required by the City Engineer.
2. Initiation by Council. The City Council may, by resolution,
initiate proceedings to revert property to acreage at the request of any person or
on its own motion. The Council shall direct the City Engineer to obtain the
necessary information to initiate and conduct the proceedings.
3. Application Requirements. The application shall include:
a. Evidence of title to the real property;
b. Evidence of the consent of all of record owners;
c. Evidence that none of the improvements required to
be made have been made within 2 years from the date the Final or Parcel Map
was filed for recordation, or within the time allowed by an agreement for
completion of the improvements, whichever is later;
d. Evidence that no lots shown on the Final or Parcel
Map have been sold within 5 years from the date the Final or Parcel Map was
filed for recordation.
.
e. A Tentative Map in the form prescribed by Chapter
10.20: Tentative Map Filing and Processing.
f. A Final or Parcel Map in the form prescribed by
Sections 10.20.005: Tentative Map Filing, Initial Processing and 10.25.035: Final
Tract Map Form and Content, respectively, which delineates dedications which
will not be vacated and dedications required as a condition of reversion. The
Final or Parcel Map shall be conspicuously designated with the title, "The
Purpose of This Map is a Reversion to Acreage."
B. Recommendation to Council. Upon finding that the proposed
reversion meets with all the requirements of this Title and the Map Act, the City
Engineer shall submit the Final or Parcel Map, together with a report and
recommendations of approval or conditional approval of the reversion to acreage
to the Council for its consideration.
C. Notice and Hearing. The Council shall hold a public hearing on an
application for reversion to acreage after providing written notice to all property
owners within 300 feet at least 10 days prior to the hearing.
.
D. Findings for Approval. The Council may approve a reversion to
acreage only if it finds and records by resolution that dedications or offers of
Title 10 - page 39
City of Seal Beach
Municipal Code
Drc/. No. 1567
May 2008
dedication to be vacated or abandoned by the reversion to acreage are .
unnecessary for present or prospective public purposes; and either:
1. All owners of an interest in the real property within the
subdivision have consented to reversion; or
2. None of the improvements required to be made have been
made within 2 years from the date Final or Parcel Map was filed for recordation,
or within the time allowed by agreement for completion of the improvements
whichever is later; or
3. No lots shown on the Final or Parcel Map have been sold
within 5 years from the date the Final or Parcel Map was filed for recordation
E. Conditions of Approval. The Council may require:
1. The owners dedicate or offer to dedicate streets, public
rights-of-way or easements; and
2. The retention of all or a portion of previously paid subdivision
fees, deposits or improvement securities if the same are necessary to
accomplish any of the provisions of this Title.
F. Completion of Process. Upon City Council approval of the .
reversion to acreage, the City Engineer will transmit the Final or Parcel Map,
together with the Council resolution approving the reversion, to the County
Recorder for recordation. Reversion shall be effective upon the map being filed
for recordation by the County Recorder. Upon filing, all dedications and offers of
dedication not shown on the Final or Parcel Map for reversion shall be of no
further force and effect.
******
Title 10 - page 40
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
Chapter 10.40 Streetscape
5 10.40.005 Purpose of Chapter.
Streetscapes are the areas between buildings in Seal Beach that are
occupied by the public street right-of-way and related street, sidewalk, and
landscaping improvements, and any setback and yard areas on private property.
The City's streetscapes are among our most important urban design features
because their appearance, character, and the impressions they evoke create the
public image of the City. That image is significant to how residents and visitors
think and feel about Seal Beach.
This Chapter provides standards and guidelines for the planning and
design of the publicly-owned portions of the streetscape, as well as shared
private facilities such as private streets and alleys. Standards and guidelines for
the privately-owned portions of the streets cape (setbacks/yards, landscaping and
buildings) are addressed in Title 11: Zoning: Part II: Base District Regulations
and Part IV: Regulations Applying in Some or All Districts. The standards and
guidelines of this Chapter establish appropriate requirements for the width and
uses of public and private street rights-of-way (for traffic, parking, pedestrians,
bicycles, and landscaping).
. 5 10.40.010 Streetscape Standards and Guidelines.
The following standards and guidelines apply to the design and
construction of public rights-of-way and right-of-way improvements in conjunction
with proposed subdivisions, individual lot development where proposed projects
are required to provide right-of-way dedications or improvements and public
right-of-way improvements designed and constructed by the City.
A. Basic Street Design Standard. Streets shall be safe, comfortable
and convenient for all travel modes: cars, pedestrians and bicyclists. New
streets shall minimize the width of travel lanes, use landscaping to separate
sidewalks from the street curb, define the street edge with frequently spaced
street trees, and have pedestrian-scaled street lights. Modifications of existing
streets may need to occur over time, as' streets are re-built or improved. Street
design shall not compromise public safety or emergency vehicle access. Final
street design approval shall be by the Director of Public Works/City Engineer.
1. Street Performance. Streets should not be wider than
needed to accommodate demonstrated traffic demand. Each street's design
shall be based on its anticipated role within the city and within each
neighborhood.
.
Title 10 - page 41
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
2. Emergency Vehicle Access. All streets shall have an .
unobstructed path that may include bicycle lanes of sufficient width to provide
adequate emergency vehicle access.
3. On-Street Parking. On-street parking should be provided
on both sides of all streets except for major arterials, such as Seal Beach
Boulevard. On-street parking lanes should be no less than 8 feet in width to
provide adequate area for door swings.
4. Bicycle Lanes. On-street bicycle lanes may be provided as
determined by the Director of Public Works/City Engineer. These lanes shall be
built and delineated in compliance with State standards.
5. Typical Street Standards. Final design standards for any
street improvements or rehabilitation shall be approved by the Director of Public
Works/City Engineer. Figure 10.40.01 O.A: Typical Street Designs, and Table
10.40.010.A: Street Design Standards, on the following pages set forth the
generally applicable design standards for various roadways within the City.
.
(Intentionally left blank)
Title 10 - page 42
.
City of Seal Beach
Municipal Code
Ord. No. 1567
May 2008
.
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City of Seal Beach
Divided Street
Title 10 - page 43
Municipal Code
Ord. No. 1567
May 2008
~t~:,~~~;r~~~c-t;~:.
56- 36-
60 40 10
36-
60 40 10
64 40 12
64 44 12
Divided Street 108- 84-
130 106 11
2
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4-6
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.
10
12
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10
12
(i) Narrower parking lanes and bulb outs can be considered on a case-by-case
basis.
(ii) On streets fronting commercial districts solid sidewalks and tree grates are
required.
(iii) Sidewalk may be eliminated and utilized as additional landscaping based on level
of anticipated pedestrian activity, unless required pursuant to federal or State law.
(iv) Where on street parking is not permitted, replace parking lane with additional
landscaping and Class 1 bike plan as appropriate.
(v) Center landscaped median to be provided, no greater than 16 feet wide.
.
B. Intersections. Intersection design shall not compromise public
safety or emergency vehicle access. Final intersection design approval shall be
by the Director of Public Works/City Engineer.
1. Additional Lanes. .Streets should have turn lanes or more
than 1 travel lane in each direction only if it can be demonstrated, through
modeling or other reliable means, that more than temporary congestion is
anticipated (Level of Service E or greater). Where a total of 4 or more travel
lanes are planned, a minimum 15-foot wide planted median should be provided
to reduce visual impacts of the pavement.
2. Curb-to-Curb Distances. Curb-to-curb distances at
intersections should be minimized to reduce vehicular speeds and pedestrian
Title 10 - page 44
City of Seal Beach
Municipal Code
.
Ord. No. 1567
April 2008
.
crossing distances. At typical intersections, on-street parking should be replaced
by corner bulb outs that minimize curb-to-curb distances and slow traffic. See
Figure 10.40.010.8.2: Comer Bulb Outs, below.
Figure 10.40.01 0.B.2
Corner 8ulb Outs
.
3. Curb Radii. Curb radii should not exceed the dimensions in
Table 10.40.010.8.3: Curb Radii, below, and should include handicap ramps at
each corner.
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Local Streets 20
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Other Streets To be determined b Ci En ineer
.
4. Crosswalks in the Main Street Specific Plan Area. For
the safely of pedestrians and to give special identify to the Main Street area,
decorative, load-bearing unit pavers should be considered for crosswalks.
Title 10 - page 45
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
Please see Figure 10.40.010.8.4: Crosswalks in the Main Street Specific Plan .
Area, below.
Figure 10.40.01 0.B.4
Crosswalks in the Main Street Specific Plan Area
C. Driveways and Alleys. Driveway and alley design shall not
compromise public safety or emergency vehicle access. Final intersection
design approval shall be made by the Director of Public Works/City Engineer. .
1. Driveway Curb Cuts. Driveway curb cuts should be
minimized along collector and arterial roadways by providing vehicular access via
side streets or access lanes. Where access from side streets or access lanes is
not feasible, on-site turnarounds should be provided and curb cuts should serve
multiple parcels whenever possible.
2. Alleys. Alleys can foster creativity in the design of both
commercial and residential projects, and reflect a historic development pattern
within the City. Alleys therefore should be encouraged as an option in new
development projects. Alleys are intended for vehicle access, a potential location
for utilities, and trash service.
a. Design Standards. Alleys are slow speed, 10 miles
per hour, access routes running behind and sometimes between rows of
residences or commercial buildings. Alleys typically are 12 to 20 feet in width
and can be utilized to provide access to utilities, sanitation, garages, backyards,
and secondary access to commercial parking areas. Alleys should clearly be
designed as a secondary access way, not a street. Curbs, gutters, mailboxes,
sidewalks and streetlights are not allowed on alleys.
City of Seal Beach
Title 10 - page 46
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Municipal Code
Ord. No. 1567
April 2008
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i. Residential Width. For primary access to
residential developments an alley width of 12 to 15 feet is appropriate.
ii. Commercial Width. For primary access to
commercial developments an alley width of 20 feet is appropriate.
Hi. Security Lighting. Security lighting is to be
provided by wall-mounted light fixtures. Street lights are not permitted.
iv. Curb Returns. Curb returns shall be provided
where an alley intersects a street right-of-way.
v. Public or Private. Alleys may be public or
private. The Director of Public Works/City Engineer shall make such
determinations.
.
D. Street Edges. Street edge design shall not compromise public
safety or emergency vehicle access. Final street edge design approval shall be
made by the Director of Public Works/City Engineer.
1. Curbs and Gutters. Curbs and gutters shall be provided
along all street edges, unless the use of drainage swales is appropriate due to
adjacent sensitive natural lands.
2. Drainage Swales. Drainage swales should be sized to
adequately convey runoff and stabilized for erosion. Swale banks shall not
exceed a 2:1 slope and be planted with appropriate ground-cover. See Title 11:
Zoning; Chapter 4.30: Landscaping and Buffer Yards; Section 4.30.050:
Invasive Plant Species, for additional planting requirements.
E. Street Lighting. Street lighting design shall not compromise public
safety or emergency vehicle access. Final street lighting design approval shall
be made by the Director of Public Works/City Engineer.
1. Street Light Spacing. Street light spacing shall be
determined by the appropriate level of light coverage for the area being served
by the street.
2. Lighting Standards. Street lighting should be consistent
with the small town character of Seal Beach, and should be designed with as
much concern for the pedestrian environment as for vehicular environments.
The height of new lighting fixtures should not exceed 20 feet.
.
Title 10- page 47
City of Seal Beach
Municipal Code
Ord. No. 1567
April 2008
3. Illumination. Street lights should be designed to direct light .
to appropriate surfaces and to minimize glare into residences. See Figure
10.40.010.E: Street Lighting Illumination, below.
Figure 10.40.010.E
Street Lighting Illumination
Illuminate pedestrians walkways
with light standards of appropriate
scale
. . .
. .
. . . ..
Use appropriate fixtures and
landscaping to minimize glare
F. Sidewalks. Sidewalks shall be provided along all public streets
and shall be located within the public right-of-way. Final sidewalk design .
approval shall be by the Director of Public Works/City Engineer.
1. Pedestrian Convenience. Pedestrian convenience and
safety shall be considered in the design of sidewalks in the public right-of-way.
Avoid encroaching light standards, above ground utility boxes, and other
impediments where pedestrians are expected to pass. Meanders in sidewalks
may be approved to avoid existing trees or changes in topography.
G. Bicycle Routes. Streets that are designated as "Bike Routes" in
the General Plan should be clearly identified through signs, well marked
crosswalks, and travel lanes as appropriate. Bike routes within streets should be
built in compliance with State standards. Traffic signal detectors for bicycles
should be considered at signalized intersections with high traffic volumes.
H. Street Trees. Street trees shall be provided as required by the
Director of Public Works/City Engineer.
I. Traffic Calming. The design of an interconnected street network
shall include provisions that discourages fast, through-traffic on neighborhood
collector and local streets. Traffic calming measures that restrict traffic at the
expense of the overall inter-connectedness of the street system is to be avoided.
City of Seal Beach
Municipal Code
Title 10 - page 48
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Ord. No. 1567
April 2008
.
Final traffic calming design approvals shall be by the Director of Public
Works/City Engineer.
1. Appropriate Street Widths. Street widths should be narrow
enough to slow traffic, while accommodating demonstrated traffic demand and
providing adequate emergency vehicle accessibility. See Section 10.40.010:
Streetscape Standards and Guidelines, above.
2. "T" Intersections. Road alignments are offset at least 150
feet, forcing turning movements. Careful siting can be utilized to create vistas to
open spaces and important civic features. See Figure 1 0.40.01 0.1.2:
"T" Intersection, on the following page.
Figure 1 0.40.01 0.1.2
I'T" Intersection
.
3. Median Islands. Median islands can be installed in the
center of a street and can serve to narrow and redirect traffic lanes, and provide
visual relief with appropriate landscaping.
.
4. "Bulb Outs" ("Neckdowns") and Textured Crosswalks.
These design features can be used singly or in combination. Bulbouts slow
traffic and reduce pedestrian crossing distances by narrowing the curb-to-curb
Title 10 - page 49
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
dimension of the street, either at intersections or at mid-block pedestrian crossing .
points. Mid-block pedestrian crossing points are only permitted within the "Main
Street Specific Plan" area. Crosswalks can be textured by means of special
pavers or other treatments, alerting drivers that the area being traversed has a
pedestrian-oriented environment and identity. See Figure 10.40.01 0.B.2: Comer
Bulb Outs, above.
5. Traffic Circles. Traffic circles are small circular islands
placed in the center of an intersection and are typically landscaped. They are
normally utilized without stop signs as a means to slow down traffic without
requiring vehicles to come to a full stop. See Figure 10.40.010.1.5: Traffic
Circles, on the following page.
Figure 10.40.010.1.5
Traffic Circles
.
******
Title 10 - page 50
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City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
.
Chapter 10.45 Block Structure
110.45.005 Purpose of Chapter.
This Chapter provides City standards for the layout of proposed blocks
within new subdivisions. The guidelines and standards set forth in this Chapter
are intended to:
A. Promote a connected community and ensure public safety by
continuing the historic grid system to the greatest extent possible.
B. Ensure that new subdivisions emulate historic development
patterns in terms of block sizes to the greatest extent possible.
C. Preserve significant natural features.
D. Provide adequate parkland and other open space.
E. Lessen traffic congestion through the creation of alternative routes
and reduce traffic speeds in residential settings to the greatest extent possible.
.
Technical standards for subdivision improvements and infrastructure are
found in Chapter 10.15: Design and Improvement Requirements; Chapter 10.50:
Dedications; and Chapter 10.55: Improvement Plans and Agreements.
110.45.010 Block Design Standards and Guidelines.
Blocks within proposed subdivisions shall be designed in compliance with
the following standards, except where different requirements are established for
a particular area within the City by an adopted planned unit development, precise
plan, or specific plan.
A. Street Layout. Streets within new subdivisions shall align with and
connect to those of adjacent subdivisions, avoiding the tendency for the
proposed subdivision to become an enclave apart from the rest of the
community. Public streets should be planned to be continuous through adjacent
residential developments, where permitted by terrain and other natural features,
to weave the community together and simplify traffic circulation patterns.
Requirements for street widths and other street cross-section features are
established by Chapter 10.40: Streetscape.
.
B. Cul-de-sac Streets. The use of cul-de-sac streets is strongly
discouraged, except where the location or configuration of the parcel to be
subdivided will not permit a through street to be used, or a significant natural or
Title 10- page 51
City of Seal Beach
Municipal Code
OreJ. No. 1567
April200B
cultural feature can be more effectively preserved through the. use of a cul-de- .
sac. Where a cul-de-sac street is approved, the review authority shall require
pedestrian connections from the cul-de-sac bulb to the next adjacent through
street wherever feasible. The length of a cul-de-sac street shall not exceed 500
feet.
C. Block Length. The block dimension between intersecting public
streets should normally not exceed 300 feet, or be less than 200 feet.
D. Edge Blocks. Subdivisions proposed on sites with significant
natural features (for example, creeks, wetlands, or natural open space) shall be
designed to provide a single-loaded "frontage road" adjacent to the natural
feature, rather than "backing-up" development to the feature. Proposed
subdivisions that are located adjacent to the City's corporate boundary should
also be designed to provide the single-loaded frontage road at the edge. See
Figure 10.45.01 O.D: Edge Block Treatment, on the following page.
Figure 10.45.01 O.D
Edge Block Treatment
.
. ,,:. I."' ,:'.' . : ""{~...:... .:-:~ ";"::~'.""..;,>.:i;,,'" ..~~~::~~~,,~I~~:.~.. ,'~:..~~~~~(t.:'~~":'.
t~~'~~~'~;}?:i~~:;: ~. .:::':~~/'i~~::~~~tt~:.",. ~.' ~~f~~>:';~:~;~.:: :;;{'~~~l;f:'~~"~:; ~:~~.~;it.:~}t~~~'j~~
..... . , 1 . . '.,., ... ...'.. .... . ..... ........ .' ..~.. .
~8:;.:.J1t::L~.~~~.'l:l:.;::~~, ~ :{::i~;~}:~"' ., ." \fi;~!
E. Alleys. The use of alleys is encouraged in new subdivisions, in
order to provide access to units and parking and loading facilities and to improve
the pedestrian orientation of primary streets by reducing or eliminating curb cuts.
Title 10 - page 52
.
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
.
Locations for the inclusion of alleys in future subdivisions and other
developments shall be considered during the subdivision plan design.
F. Gated Neighborhoods. Gated residential developments isolate
parts of the community from others, and are strongly discouraged.
G. Natural Features. Wetlands, existing healthy mature trees, and
other obvious natural features existing on a site proposed for subdivision, should
be preserved and incorporated into the project and its landscaping elements to
the greatest extent feasible. Additional requirements are set forth in Title 11:
Zoning, Chapter 11 .2.25: Base District Regulations - Open Space, Parks and
Recreation Districts; and Chapter 11.4.30: Landscaping and Buffer Yards.
H. Parks and Neighborhood Open Space. Residential subdivisions
shall provide dedicated parkland or park in-lieu fees as provided in Section
10.50.010: Park Land Dedications and Fees.
1. Guidelines for Park Development. The Subdivision
Technical Review Committee and the reviewing and approving authorities shall
make use of the following guidelines in its review of any development within
which dedicated parkland is proposed.
.
a. Centrally Located. Such facilities should be centrally
located within the development and should be located at street frontages rather
than behind lot lines (although alternative locations may be considered in order to
take advantage of significant natural features).
b. Incorporation of Significant Natural Features.
Where feasible, significant natural features should be incorporated into parks.
c. Integrated with Open Space Areas. Residential
subdivisions should be designed to integrate and connect with proposed park
and other open space elements (for example wetland areas) and with existing
and proposed trails and pedestrian ways in the site vicinity.
A 10.45.015 Lot Sizes.
Proposed subdivisions shall be designed to provide parcels that comply
with the minimum area and dimensional requirements set forth in Title 11:
Zoning; Part II, Base District Regulations; Table 11.2.05.015: Development
Standards for Residential Districts, Table 11.2.10.015: Development Standards
- Commercial and Mixed Use Districts, and Table 11.2.15.015: Development
Standards - Light Manufacturing and Oil Extraction Districts.
******
.
City of Seal Beach
Title 10 - page 53
Municipal Code
Ord. No. 1567
April200B
Chapter 10.50 Dedications
.
fi 10.50.005 Dedications.
The City may require dedications through conditions of approval if it:
A. Identifies the purpose for the dedication; and
B. Demonstrates there is a reasonable relationship between the need
for the dedication and the impacts arising from the subdivision.
fi 10.50.010 Park Land Dedications and Fees.
A. Land Dedication and/or Fee Payment Required. As a condition
of Tentative Map approval, the subdivider shall dedicate land and/or pay a fee for
the purpose of developing new or rehabilitating existing park or recreation
facilities to serve the subdivision.
B. Exemptions. The provIsions of this Section do not apply to
industrial or commercial subdivisions, condominium projects or stock
cooperatives which consist of the subdivision of airspace in an existing apartment
building which is more than 5 years old when no new dwelling units are added, or .
to any other subdivisions exempted by Map Act ~ 66477.
C. Amount of Parkland Required. The amount of the land to be
dedicated shall be 5 acres per 1 ,000 residents, or a fee in lieu thereof based on
the fair market value of 5 acres of land per 1,000 residents, as determined by
appraisal. For purposes of determining the required fee, the term "fair market
value" shall mean the market value of the land as determined by the City based
on an appraisal, and approved by the City, prior to or at Tentative Map approval.
Such appraisal shall be paid for by the subdivider who shall deposit with the City
Engineer an amount sufficient to cover the cost of the appraisal. The City
Engineer shall select a licensed appraiser. The appraisal shall be completed
prior to approval of the tentative map by the City.
If the subdivider is not saUsfied with the values established by the
first appraisal, the subdivider may request and shall pay for the preparation of a
second appraisal. The subdivider shall deposit with the City Engineer an amount
sufficient to cover the cost of preparing the second appraisal. The City Engineer
shall then select a second licensed appraiser to .conduct the appraisal. If a
second appraisal is conducted, the values established by the 2 appraisals shall
be averaged and that amount shall be the value used for determining the in-lieu
fee.
Title 10 - page 54
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City of Seal Beach
Municipal Code
Ord. No. 1567
April 2008
.
1.
Standards.
a. The number of people estimated to reside in a
subdivision shall be calculated based on 3.5 persons per single-family residence;
1.8 persons per multiple family unit or 2.0 persons per mobile home.
b. Based on the preceding, 762 square feet of land shall
be dedicated for each single-family residence; 392 square feet shall be dedicated
for each multiple family unit; and 436 square feet of land shall be dedicated for
each mobile home. If a fee in lieu of dedication is required, the fee shall be
based upon the fair market value of the amount of land prescribed above for
each unit.
c. Where private open space for park and recreational
purposes is provided in a proposed subdivision and such space is to be privately
owned and maintained by the future residents of the subdivisions, partial credit,
not to exceed 50%, may be given against the requirements of land dedication or
payment of fees in lieu thereof if the City Council finds that it is in the public
interest to do so, and provided that the use of the private open space is restricted
for park and recreational purposes by recorded covenant which runs with the
land in favor of the future owners of the property and which cannot be defeated
or eliminated without the consent of the City or its successors.
.
2. Exception - Residential Subdivisions of 50 or Fewer
Lots. For residential subdivisions of 50 or fewer lots the park land fee in lieu of
dedication shall be $10,000 per lot created by the subdivision.
D. Criteria for Requiring Dedication and Fees. In subdivisions of
over 50 lots, the City may require the subdivider to dedicate both land and pay a
fee, as follows:
1. Determination of Land or Fee. Whether the City accepts
land dedication or elects to require payment of a fee in lieu thereof, or a
combination of both, shall be determined by consideration of the following:
a. The provisions of the General Plan, and any
applicable specific or precise plans, and the compatibility of dedication with those
plans;
b. Access, size, shape and the location of land in the
subdivision available for dedication;
c. Feasibility of dedication; and
.
d.
Availability of previously acquired park property.
Title 10 - page 55
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
2. Fees Only. Only the payment of fees shall be required in .
subdivisions of 50 parcels or less, except that when a condominium project,
stock cooperative, or community apartment project exceeds 50 dwelling units,
dedication of land may be required even though the number of actual parcels
may be less than 50.
3. Procedure for Determining land or Fee. The City shall
determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide
a combination of both, at the time of Tentative Map approval. The determination
of the City shall be based on a report and recommendation from the Director and
City Engineer. The recommendation by the Director and City Engineer, and the
action of the City, shall consider the factors in Subsection D.1 above, and shall
include the following:
a. The amount of land required;
b. Whether a fee shall be charged in lieu of land;
c. Whether land and a fee shall be required, and/or that
a stated amount of credit be given for private recreation facilities;
d. The location and suitability of the park land to be .
dedicated or use of in-lieu fees; and
e. The approximate time when development of the park
or recreation facility shall commence.
The determination of the City as to whether land shall be dedicated, or
whether a fee shall be charged, or a combination thereof, shall be final and
conclusive.
4. Formula for land and Fees. When both land dedication
and fee payment are required, they shall be subject to the following formula:
a. When only a portion of the land to be subdivided is
proposed in the General Plan or applicable Specific Plan as the site for a local
park, that portion shall be dedicated for local park purposes, and a fee computed
as provided by Subsection C shall be paid for any additional land that would have
been required to be dedicated by Subsection C.
b. When a major part of the local park or recreational
site has been acquired by the City and only a small portion site, the remaining
portion shall be dedicated, and a fee computed as provided by Subsection C
shall be paid in an amount equal to the value of the land that would otherwise
Title 10 - page 56
.
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
.
have been required to be dedicated by Subsection C. The fees shall be used for
the improvement of the existing park or recreational facility serving the
subdivision.
5. Credit for Improvements. If the subdivider provides park
and recreational improvements on dedicated land, the value of the improvements
together with any installed equipment shall be a credit against the required fees
or land.
6. Credit for Private Recreation or Open Space. Where a
substantial private park and recreational area is provided in a proposed
subdivision, and will be privately owned and maintained by the future residents of
the subdivision, partial credit, not to exceed 50 percent, may be given against the
requirement of land dedication or payment of fees in lieu thereof if the City finds
all of the following:
a. Yards, court areas, setbacks, and other open areas
required to be maintained by the zoning and building ordinances and regulations
shall not be included in the computation of the private open space;
.
b. The private ownership and maintenance of the open
space is adequately provided for by recorded written agreement, conveyances,
or restrictions;
c. The use of the private open space is restricted for
park and recreational purposes by recorded covenants, which run with the land in
favor of the future owners of property and which cannot be defeated or
eliminated without the consent of the City;
d. The proposed private open space is usable for active
recreation; and
e. Facilities proposed for the private open space are in
substantial compliance with the provisions of the Open Space/Recreation!
Conservation Element of the General Plan.
E. Suitability of Land to be Dedicated. Each park site proposed for
dedication in compliance with this Section shall be physically suited for the
intended use.
1 . Land which is made part of a park site for subdivision design
purposes, but which is physically unsuited for park use, shall not be considered
when calculating the area of the park site provided in compliance with this
Section. The park space provided shall be calculated from the road rights-of-way
.
Title 10 - page 57
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
and interior property lines abutting the site, and not from any abutting roadway .
centerline.
2. If the Council determines that any of the land proposed to be
dedicated is not suitable for park use, it may reject all or any portion of the land
offered, and in that event the subdivider shall instead pay a fee in compliance
with Subsection D, above.
F. Conveyance of Land, Payment of Fees. Real property being
dedicated for park purposes shall be conveyed by the Parcel or Final Map in fee
simple absolute, to the City by the subdivider, free and clear of all encumbrances
except those which, in the opinion of City Attorney, will not interfere with use of
the property for park and recreational purposes, and which the Council agrees to
accept. The amount of required fees shall be deposited with the City at the time
of submittal of a Parcel or Final Map. The fees shall be held by the City until the
map is recorded, or the time for recordation expires. The subdivider shall provide
all fees and instruments required to convey the land, and insurance approved by
the City Attorney in favor of the City in an amount equal to the value of the land.
G. Use of Collected Fees. Fees collected in compliance with this
Section shall be used only for the purpose of providing new or rehabilitating
existing park or recreational facilities reasonably related to serving the proposed
subdivision. Any fees collected shall be committed within 5 years after payment, .
or issuance of building permits on three-fourths of the lots created by the
subdivision, whichever occurs later. If the fees are not committed, they shall be
distributed and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots within the
subdivision.
i 10.50.015 Reservations of Land.
The City may require the subdivider to reserve sites appropriate in area
and location for parks, recreational facilities, fire stations, libraries or other public
uses, as follows.
A. Standards for Reservation of Land.
1. Location of Land. Where a park, recreational facilities, fire
station, library, or other public use is shown in the General Plan or applicable
specific or precise plan, the subdivider may be required by the City to reserve
sites as determined by the City in compliance with the standards in the applicable
plan.
2. Configuration. The reserved area shall be of a size and
shape that will permit the balance of the property to develop in an orderly and
Title 10 - page 58
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City of Seal Beach
Municipal Code
Ord. No. 1567
April 2008
.
efficient manner. The amount of land to be reserved shall not make development
of the remaining land held by the subdivider economically infeasible. The land to
be reserved shall be in multiples of streets and parcels that will permit an efficient
division of the reserved area if it is not acquired within the period determined by
Subsection B.
B. Procedure for Reservation of Land. The public agency for
whose benefit an area has been reserved shall at the time of approval of the
Parcel or Final Map enter into a binding agreement with the subdivider to acquire
the reserved area within 2 years after the completion and acceptance of all
improvements, unless a longer time is authorized by mutual agreement.
C. Purchase Price of Reserved Land. The purchase price shall be
the market value of the land at the time the Tentative Map is filed, plus the
property taxes against the reserved area from the date of the reservation, and
any other costs incurred by the subdivider in maintaining the reserved area,
including interest costs incurred on any loan covering the reserved area.
D. Termination of Reservation. If the public agency for whose
benefit an area has been reserved does not enter into a binding agreement as
described in Subsection B, the reservation shall automatically terminate.
.
fi 10.50.020 Right-of-Way Dedications.
A. Offers of Dedication Required. A subdivider shall dedicate or
make an irrevocable offer of dedication in fee simple of all land within the
subdivision that is determined by the City to be needed for public and private
streets and alleys, including access rights and abutters' rights; drainage; public
and private greenways; scenic easements, public utility easements; and any
other necessary public and private easements.
B. Improvements. The subdivider shall construct or agree to
construct all improvements approved or required for the subdivision, including
access rights and abutters' rights, in compliance with the City's improvement
standards.
C. Rights-of-Way, Generally: Rights-of-way shall be of sufficient size
to accommodate the required improvements. In addition, where parcels front on
a City-maintained road of insufficient width as determined by the City Engineer,
or when the existing right-of-way is not deeded, the subdivider shall dedicate
right-of-way sufficient for the ultimate facility.
D. Bicycle Paths. Any subdivider who is required to dedicate
roadways to the public, may be required to dedicate additional land for bicycle
.
Title 10 - page 59
City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
paths for the use and safety of the residents of the subdivision, if necessary to .
offset impacts otherwise associated with the subdivision.
E. Transit Facilities. Dedications in fee simple or irrevocable offers
of dedication of land within the subdivision will be required for local transit
facilities including bus turnouts, benches, shelters, landing paths and similar
items that directly benefit the residents of the subdivision if:
1. The subdivision as shown on the Tentative Map has the
potential for 200 dwelling units or more if developed to the maximum density
shown in the General Plan; and
2. The City finds that transit services are or will, within a
reasonable time period, be available to the subdivision.
F. Alternative Transportation Systems. Whenever the subdivision
falls within an area designated for the development of bikeways or other
alternative transportation systems in the General Plan, applicable specific or
precise plan, or implementing legislation, the subdivider shall dedicate land as is
necessary to provide for these alternative transportation systems.
i 10.50.025 School Site Dedications.
A. Dedication Requirement. In compliance with Map Act 966478, a .
subdivider may be required to dedicate land as the City determines to be
necessary for adequate elementary school facilities for the residents of the
subdivision. Dedication may be required only if the subdivider and/or successors
in interest to the property:
1 . Have owned the land being subdivided for less than 10
years before filing the Tentative Map; and
2. Develop, or complete the development, of a subdivision of
more than 400 dwelling units within a single school district, within a period of 3
years or less.
B. Tentative Map Approval.' If the school district responds to the
referral of the Tentative Map application with a report to the City describing the
land the district deems necessary and suitable to provide adequate elementary
school service to residents of the proposed subdivision, the City shall require the
dedication of land as a condition of approval of the Tentative Map. As required
by Map Act 9 66478, the dedication requirement shall not make development of
the remaining land held by the subdivider economically infeasible, or exceed the
amount of land ordinarily allowed under the procedures of the State Allocation
Board.
Title 10 - page 60
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City of Seal Beach
Municipal Code
Ord. No. 1567
April200B
.
C. Timing of Dedication. The required dedication may occur before,
concurrently with, or up to 60 days after the recordation of a Final Map on any
portion of the subdivision. If the school district accepts the dedication, the district
shall pay the subdivider the amounts required by Map Act ~ 66478, and shall
record the certificate required by Map Act ~ 66478.
D. Termination of Dedication Requirement. The requirement of
dedication shall automatically terminate unless, within 30 days after the
requirement is imposed by the City, the school district makes a binding
commitment to the subdivider agreeing to accept the dedication at any time
before the construction of the first 400 dwelling units. Upon acceptance of the
dedication, the school district shall repay to the subdivider and/or successors the
costs specified in Business and Professions Code ~ 11525.2.
.
E. Reversion of Land, Repurchase. Should the school district find
itself unable to accept the dedication for reasons other than specified in the
commitment with the subdivider, the dedicated land shall revert to the subdivider.
If the dedication is accepted and the school district within 10 years from the date
of acceptance offers the property or any substantial part thereof for public sale,
the subdivider shall have the first option to repurchase the property for the price
paid by the district, plus a sum equal to the amount of property taxes which
would have been paid during the period of public ownership.
******
.
City of Seal Beach
Title 10- page 61
Municipal Code
Ord. No. 1567
April 2008
Chapter 10.55 Improvement Plans and Agreements
.
S 10.55.005 Improvement Plans.
After the approval of a Tentative Map, the subdivider shall diligently
proceed to complete any improvements necessary to fulfill the conditions of
approval. Improvement shall be defined as any infrastructure including streets,
storm drains, sewers, water facilities, utilities, site grading and similar items.
Before the construction of any improvements, the subdivider shall submit plans to
the City Engineer as follows:
A. Preparation and Content. Improvement plans shall be prepared
by a California registered civil engineer. Improvement plan submittals shall
include the following information:
1. Any drawings, specifications, calculations, design reports
and other information required by the City Engineer;
2. Grading, drainage, erosion and sediment control;
3. The improvement plan checking fees as set forth in the
Master Fee Schedule;
4. The final map of the subdivision.
.
B. Submittal of Plans. The subdivider shall submit Improvement
plans to the City Engineer and other reviewing agencies for review and action.
Upon the approval of improvement plans in compliance with Subsection C, the
subdivider shall also submit to the City Engineer a detailed cost estimate of all
improvements, based on guidelines provided by the City Engineer.
C. Review and Action. The City Engineer shall review and act on
Improvement plans within the time limits provided by Map Act ~ 66456.2.
D. Effect of Approval. The subdivider must obtain final approval of
improvement plans before obtaining City approval of the Parcel or Final Map.
The approval of improvement plans shall not bind the City to accept the
improvements nor waive any defects in the improvements as installed.
S 10.55.010 Installation of Improvements.
A. Timing of Improvements. The subdivider shall construct or install
required improvements after obtaining City approval of improvement plans in
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compliance with Subsection 10.55.005.C: Review and Action, and before the
approval of a Parcel or Final Map, except where:
1. Improvements are deferred in compliance with Section
10.55.015: Improvement Agreements and Security, or
2. Improvements are required as conditions on the approval of
a subdivision of 4 or fewer lots, in which case construction of the improvements
shall be required:
a. Only when a permit for development of an affected
parcel is issued by the Director; or
b. At the time the construction of the improvements is
required in compliance with an agreement between the subdivider and the City,
as set forth in Section 10.55.015: Improvement Agreements and Security, or
c. At the time set forth in a condition of approval, when
the City finds that fulfillment of the construction requirements by that time is
necessary for public health and safety, or because the required construction is a
necessary prerequisite to the orderly development of the surrounding area.
.
B. Inspection of Improvements. The construction and installation of
required subdivision improvements shall occur as follows.
1 . Supervision. Before starting any work, the contractor
engaged by the subdivider shall designate in writing an authorized representative
who shall have the authority to represent and act for the contractor in contacts
with the City. The designated representative shall be present at the work site at
all times while work is in progress. At times when work is suspended,
arrangements acceptable to the City Engineer shall be made for any emergency
work that may be required.
2. Inspection Procedures.
a. Inspections Required. The City Engineer shall
make any inspections as deemed necessary to ensure that all construction
complies with the approved improvement plans. The developer shall pay the full
cost of any inspection services determined to be necessary by the City Engineer.
The City shall collect an initial deposit and invoice the developer for inspection
services at appropriate times during the period of construction of the
improvements.
.
b. Access to Site and Materials. The City Engineer
shall have access to the work site at all times during construction, and shall be
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furnished with every reasonable facility for verifying that the materials and .
workmanship are in compliance with the approved improvement plans.
c. Authority for Approval. The work done and all
materials furnished shall be subject to the inspection and approval of the City
Engineer. The inspection of the work or materials shall not relieve the contractor
of any obligations to fulfill the work as prescribed.
d. Improper Work or Materials. Work or materials not
meeting the requirements of the approved plans and specifications may be
rejected, regardless of whether the work or materials were previously inspected
by the City Engineer. In the event that the City Engineer determines that
subdivision improvements are not being constructed as required by the approved
plans and specifications, he or she shall order the work stopped and shall inform
the contractor of the reasons for stopping work and the corrective measures
necessary to resume work. Any work done after issuance of a stop work order
shall be a violation of this Title.
3. Notification. The subdivider shall notify the City Engineer
upon the completion of each stage of construction as outlined in this Chapter,
and shall not proceed with further construction until authorized by the City
Engineer.
fi 10.55.015 Improvement Agreements and Security.
.
A subdivider may file a Parcel or Final Map before completion of all the
improvements required by this Title and conditions of approval of the Tentative
Map, only if the subdivider first obtains Council approval of a subdivision
improvement agreement and provides the City performance security as required
by this Section. Improvement agreements and required security shall also
comply with Chapter 5 of the Map Act.
A. Contents of Improvement Agreement. A subdivision
improvement agreement shall be submitted on a form provided by the City
Engineer and approved by the City Attorney and shall include the following
provisions:
1. Description of Improvements. A description of all
improvements to be competed by the subdivider, with reference to the approved
subdivision improvement plans.
2. Time Limit for Construction. The period within which all
required improvements will be completed to the satisfaction of the City Engineer.
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3. Completion by City Provision. A provIsion that if the
subdivider fails to compete all required improvements within the specified time,
the City may elect to complete the improvements and recover the full cost and
expenses thereof from the subdivider or the surety, including all attorney fees
and legal costs associated with enforcement of the agreement.
4. Surety Requirement. The requirement that the subdivider
furnish security to insure full and faithful performance and to insure payment to
laborers and material suppliers, as specified in Subsection B. The amount of
surety shall be based on an engineer's cost estimate submitted by the subdivider
as provided by Section 10.55.01 O.B: Inspection of Improvements and approved
by the City Engineer. The total cost of improvements to be guaranteed shall be
as provided in the approved engineer's cost estimate.
5. Phased Construction. Provisions for the construction of
improvements in units, at the option of the subdivider, if applicable.
6. Time Extensions. Provisions for an extension of time under
conditions specified therein, at the option of the subdivider, consistent with the
requirements of Subsection C.
.
B. Security Required to Guarantee Improvements. A subdivision
improvement agreement or a subdivision road maintenance and repair
agreement shall be secured by adequate surety in a form approved as to form
and sufficiency by the City Attorney, as follows:
1 . Type of Security. Subdivision improvement agreements
shall be secured by all of the following:
a. A guarantee for "Faithful Performance," in the amount
of 100 percent of the engineer's estimate;
b. A guarantee for "Materials and Labor," in the amount
of 100 percent of the engineer's estimate;
c. A 1-year guarantee and warranty for work in the
amount of 10 percent of the engineer's estimate.
2. Form of Security. The required surety shall consist of 1 or
more of the following forms selected by the City Engineer for the full amounts
specified in Subsection B.1 above.
.
a. A deposit, either with the City or a responsible escrow
agent or trust company, at the option of the City, of money or negotiable bonds of
the 'kind approved for securing deposits of public moneys;
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b. A bond or bonds executed by 1 or more duly .
authorized corporate sureties;
c. An instrument of credit from an agency of the state,
federal, or local government when any said agency provides at least 20 percent
of the financing for the act or agreement requiring security or from 1 or more
financial institutions subject to regulation by the State or Federal government
pledging that funds necessary to carry out the act or agreement are on deposit
and guaranteed for payment; or a letter of credit issued by such a financial
institution;
d. A lien upon the property to be divided, created by
contract between the owner and the City, where the City finds that it would not be
in the public interest to require the installation of the required improvement
sooner than 2 years after the recordation of the Map; or
e. Any form of security, including security interests in
real property, that is acceptable to the City.
C. Time Extensions. The Council may extend the time for completion
of improvements governed by a subdivision improvement agreement only if:
1 . Public Works Report. The City Engineer notifies the .
Council that either the subdivider is proceeding to do the work required with
reasonable diligence or is not yet ready to develop the subdivision, and has given
satisfactory evidence of being able and willing to complete all required work
within the time of the requested extension.
2. Agreement by Sureties. The sureties agree in writing to
extend for the additional period of time at the original amount of the bond or other
surety, or if recommended by the City Engineer, at an increased amount.
D. Council Conditions of Approval. As a condition of granting a
time extension, the Council may impose whatever additional requirements the
Council deems reasonable to protect the public interest.
E. Acceptance of Improvements. Before acceptance for
maintenance or final approval by the Council of subdivision improvements, the
City Engineer shall verify that the improvement work has been completed in
substantial compliance with the approved plans and specifications.
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A 10.55.020 Soils Reports.
A. Preliminary Soils Report Required. Concurrently with submitting
its improvement plans, the subdivider shall submit to the City Engineer and
Building Official a preliminary soils report prepared by a registered civil engineer
and based upon adequate test borings.
1. Form of Report. The preliminary soils report shall include a
complete description of the site based on a field investigation of soils matters.
The soils matters reviewed shall include stability, erosion, settlement, feasibility
of construction of the proposed improvements, description of soils related
hazards and problems and proposed methods of eliminating or reducing these
hazards and problems.
The investigation and report shall include field investigation
and laboratory tests with detailed information and recommendations relative to all
aspects of grading, filling and other earthwork, foundation design, pavement
design and subsurface drainage.
.
The report shall also recommend any required corrective
action for the purpose of preventing structural damages to the subdivision
improvements and the structures to be constructed on the lots. The report shall
also recommend any special precautions required for erosion control, and the
prevention of sedimentation or damage to off-site property.
If the preliminary soils report indicates the presence of
critically expansive soils or other soils problems which, if not corrected, would
lead to structural defects, or environmental impacts, the City Engineer and
Building Official may require the subdivider to submit a subsequent soils
investigation of each parcel in the subdivision prior to approval of a Parcel or
Final Map.
2. Preliminary Soils Report Waiver. The preliminary soils
report may be waived if the City Engineer and the Building Official determine that
existing available information on the qualities of the soils of the subdivision
makes no preliminary analysis necessary.
B. Final Soils Report. The subdivider shall submit a final soils report
prepared by a registered civil engineer.
1. The report shall contain sufficient information to ensure
compliance with all recommendations of the preliminary soils report and the
specifications for the project.
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2. The report shall also contain information relative to soils .
conditions encountered which differed from that described in the preliminary soils
reports, along with any corrections, additions or modifications not shown on the
approved plans.
C. Geologic Investigation and Report. If the City Engineer or
Building Official determines that conditions warrant, a geologic investigation and
report may also be required.
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Chapter 10.60 Surveys and Monuments
A 10.60.005 Survey Procedure and Practice.
The procedure and practice of all survey work done on any subdivision,
whether for preparation of a Final Map or Parcel Map shall conform to the
standard practices and principles of land surveying, the California Land
Surveyor's Act, and the provisions of this Chapter. All related documents shall
be executed by a California-registered civil engineer authorized to do land
surveying or licensed land surveyor. Whenever the City Engineer has
established a system of coordinates and/or monuments which is within a
reasonable distance of the subdivision boundary, as determined by the City
Engineer, the field survey shall be tied into the system.
A 10.60.010 Monuments.
In surveying a subdivision, the engineer or surveyor shall set sufficient
permanent monuments so that any part of the survey may be readily retraced.
Survey monuments shall be set by the engineer or surveyor for all new
subdivisions requiring a Parcel Map or Final Map, unless waived by the City
Engineer, in compliance with this Section.
.
A.
Boundary Monuments.
1 . Boundary monuments shall be set on the exterior boundary
of the subdivision at all corners, angle points, beginnings and ends of curves and
at intermediate points approximately 1,000 feet apart. The locations of
inaccessible points may be established by ties and shall be so noted on the Final
Map or Parcel Map.
2. All exterior boundary monuments shall be set prior to
recordation of the Final Map or Parcel Map or as certified on the Final Map.
B. Interior Monuments. Whenever interior monuments are required,
the monuments shall be set at:
1 . All block and lot corners and angle points;
2. The beginnings and ends of curves;
3. Points of intersection with centerlines of other existing and
proposed streets and alleys; and
.
4.
The points of intersection with the exterior boundary lines.
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C. Monument Type and Positioning. All monuments set in the
course of the survey shall be as specified by the City Engineer and shall be set to
the depth and in the manner prescribed by the City Engineer.
.
D. Identification Marks. All monuments shall be permanently and
visibly marked or tagged with the registration or license number of the engineer
or surveyor who signs the engineer's or surveyor's certificate and under whose
supervision the survey is made.
E. Replacement of Destroyed Monuments. Any monument which is
disturbed or destroyed before acceptance of all improvements by the City shall
be replaced by the subdivider.
F. Timing of Monument Installation. The exterior boundary of the
subdivision shall be completely monumented or referenced before the Final Map
or Parcel Map is submitted to the City Engineer for filing. Interior monuments
need not be set at the time the Final Map or Parcel Map is filed if the engineer or
surveyor certifies on the map that the monuments will be set on or before a
specified later date, and if the subdivider furnishes the City a bond, instrument of
credit, or cash deposit in a sufficient amount to guarantee payment of the cost of
setting the monuments in compliance with Map Act 9 66496.
G. Notice of Completion. Within 5 days after all monuments have .
been set, the engineer or surveyor shall give written notice to the subdivider and
the City Engineer that the final monuments have been set. Verification of
payment to the engineer or surveyor shall be filed as required by Title 9,
Chapter 4 of the Map Act. The cost of setting monuments shall be included in
the engineer's estimate for improvements in compliance with Section 10.55.015:
Improvement Agreements and Security. If requested, this amount of the bond
may be released upon verification of the setting of the monuments by the City
Engineer.
H. Inspection and Approval. All monuments shall be subject to the
inspection and approval of the City Engineer.
S 10.60.015 Survey Information on Filial or Parcel Map.
The subdivider shall show the following survey information on each Final
Map or Parcel Map for which a field survey was made in compliance with this
Title.
A. Stakes, monuments (together with their precise position) or other
evidence found on the ground, to determine the boundaries of the subdivision;
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B. Corners of all adjoining properties identified by lot and block
numbers, subdivision names, numbers and pages of record, or by section,
township and range, or other proper designation;
C. All information and data necessary to locate and retrace any point
or line without unreasonable difficulty;
D. The location and description of any required monuments to be set
after recordation of the Final Map, and the statement that they are "to be set;"
E. Bearing and length of each lot line, block line and boundary line
and each required bearing and distance;
F. Length, radius and angle of each curve and the bearing of each
radial line to each lot corner on each curve;
G. The centerlines of any street or alley in or adjoining the subdivision
which have been established by the City Engineer, together with reference to a
map showing the centerline and the monuments which determine its position. If
determined by ties, that fact shall be so stated;
.
H. Any other survey data or information as may be required to be
shown by the City Engineer or by the provisions of this Chapter.
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Ord. No. 1567
April200B